Agenda packet — San Rafael City Council, September 2, 2025 (part 1 of 2)

REVISED AGENDA

SAN RAFAEL CITY COUNCIL - TUESDAY, SEPTEMBER 2, 2025
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/city-council-1
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 863-4489-1398#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1)
Lopez, et al. v. City of San Rafael, et al. U.S. District Court, Northern District for California, Case No. 23-cv-03652-VC
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of August 18, 2025 (CC) Recommended Action - Approve minutes as submitted
2 b. Electric Bicycle Safety Regulations in San Rafael
Final Adoption of Ordinance 2051: An Ordinance Adding Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to Regulate Electric Mobility Devices Within the City Limits of San Rafael; CEQA Determination: Exempt Pursuant to CEQA Guideline 15061(b)(3) (CC)
Recommended Action – Final adoption of Ordinance 2051
c. Marin History Museum Boyd Gate House Use Agreement
Resolution Authorizing the City Manager to Execute a Use Agreement for Real Property at 1125 B Street (Boyd Gate House) with the Marin History Museum; CEQA Determination:

Exempt Pursuant to CEQA Guideline 15061(B)(3) (CM)
Recommended Action – Adopt Resolution
d. Library Parcel Tax Rate for Fiscal Year 2025-26 - Revised Revised Report Establishing the Annual Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year 2025-26 as Authorized by San Rafael Municipal Code Chapter

3.36 (Voter-Approved Measure D) (Fin)
Recommended Action – Accept report
e. Pickleweed Library Renovation Project
Resolution Approving the Plans and Specifications for the Pickleweed Library Renovation Project, City Project No. 11428 (“Project”), Awarding and Authorizing the City Manager to Execute the Construction Agreement with Arntz Builders, Inc. in the Amount of $1,984,974, and Authorizing the City Manager to Amend the Contract Amount Using Contingency Funds of $295,026, for a Total Not to Exceed Amount of $2,280,000; and Authorize the City Manager to Enter into a Professional Services Agreement with Unico Engineering for Construction Management in the Amount Not to Exceed $211,500; Appropriating $48,070 from the Library Memorial Fund (213); CEQA Determination Exempt Pursuant to CEQA Guideline 15301 (PW)
Recommended Action – Adopt Resolution

SPECIAL PRESENTATIONS

5. Special Presentations
a. Presentation of Proclamation in Recognition of Suicide Prevention Awareness Month b. Presentation of Proclamation in Recognition of Hispanic Heritage Month

PUBLIC HEARINGS

6. Public Hearings
a. Park Impact Fee and Park Dedication and In-Lieu Fee Programs (REMOVED) Introduce an Ordinance Amending San Rafael Municipal Code Section 3.24 titled Park and Recreation Facilities Fee and Section 15.09 titled Park Dedication and In-Lieu Fees, to Update the Park Impact Fee and Park Dedication and In-Lieu Fee Programs, including waiving further reading of the Ordinance and referring to it by title only; and Resolution Adopting the Park Impact Fee Nexus Study, the Park Impact Fee Project List, and Establishing Updated Park Impact Fees and Park Dedication and In-Lieu Fee Requirements

AGENDA ITEM REMOVED AT THE REQUEST OF STAFF
3 b. Triennial Building Code Ordinance Amendments
Introduction of an Ordinance Amending Title 12 (Building Regulations) of the Municipal Code of the City of San Rafael, by Repealing Title 12 and Amending Title 12 Thereof; Adopting the 2025 Edition of the California Building Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Existing Building Code, the California Green Building Standards Code, the California Energy Code, and the California Referenced Standards Code with Appendices and Amendments Herein; Adopting the 2024 Edition of the International Property Maintenance Code and the International Pool and Spa Code with Amendments; Amending Chapter 12.360 Single-Family Model Reach Code – FlexPath; Herein; and Adopting Findings of Fact Supporting the Amendments to the Code. (CED)
Recommended Action – Introduce the Ordinance, waive further reading, refer to it by title only, and set a public hearing for Tuesday, September 15, 2025

OTHER AGENDA ITEMS

7. Other Agenda Items
a. Affordable Housing Requirements for Residential Development Projects (REMOVED) Resolution Amending Resolution 14890, “Guidelines for the Administration of the Affordable Housing Requirement Program” to Clarify Existing Policy and Practice (CED)

AGENDA ITEM REMOVED AT THE REQUEST OF STAFF
b. Response to Grand Jury Report on First Responders
Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael’s Response to the Marin County Civil Grand Jury Report Entitled “Marin County First Responders: Supporting Those Who Support Us” (PD)
Recommended Action – Adopt Resolution
c. Response to the Grand Jury Report on Housing
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Titled “The Worrisome Future of Marin Housing: Nimby Resistance Takes a Backseat to Economic Reality.” (CED) Recommended Action – Adopt Resolution
d. Fiscal Year 2024-25 Unaudited Results and Budget Amendments Year-End Budget Update and Resolutions Authorizing Amendments to the City of San Rafael Budget for Fiscal Year 2024-25 for the Purposes of Confirming Authorized Appropriations and Transfers and Authorizing Amendments to the FY 2025-26 Budget to Reflect Carry-Over of Available Unencumbered FY 2024-25 Appropriations for Specified Purposes, Totaling $14,262,684 (Fin)
Recommended Action – 1) Accept the report presenting preliminary, Fiscal Year (FY) 2024-25 unaudited financial results for the fiscal year ended June 30, 2025; 2) Adopt a resolution adopting amendments to the City of San Rafael budget for Fiscal Year 2024-25 for the purpose of confirming authorized appropriations and transfers; and 3) Adopt a resolution authorizing amendments to the City of San Rafael budget for Fiscal Year 2025-26 to reflect carry-over of available unencumbered FY2024-25 appropriations for specified purposes totaling $14,262,684

OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines 4 that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.

Minutes subject to approval at the September 2, 2025 City Council meeting Minutes

SAN RAFAEL CITY COUNCIL - MONDAY, AUGUST 18, 2025
REGULAR MEETING AT 6:00 P.M.

San Rafael City Hall, Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Webinar: https://tinyurl.com/city-council-2
Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 5:30 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION, Government Code Section 54956.9(d)(1)
River Landon, LLC v. Hinkle, et al. U.S. District Court for the Northern District of California, Case No. 3:25-cv-04904-LB

Present: Vice Mayor Bushey
Councilmember Hill
Councilmember Kertz
Councilmember Llorens Gulati

Absent: Mayor Kate
Also Present: City Manager Cristine Alilovich
Chief Assistant City Attorney Andrea Visveshwara
City Clerk Lindsay Lara
Vice Mayor Bushey acted as Mayor Pro Tem in Mayor Kate’s absence. Mayor Pro Tem Bushey called the meeting to order at 6:03 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Chief Assistant City Attorney Andrea Visveshwara announced that no reportable action was taken in Closed Session earlier that evening, on August 11, 2025 or on July 21, 2025. 2 City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

Assistant City Manager John Stefanski provided the following announcements and updates:
• CA State Legislation for Redistricting Special Election in November 2025 • Fall ’25 / Winter ’26 Guide now available
• PG&E – Relief of Past Due Energy Bills
• Downtown Library Reopening
• San Rafael Porchfest on Sunday, Sept. 21, 12–5 PM, Gerstle Park Neighborhood • West End Friday’s Block Party on Friday, Aug. 22, 6–9 PM, F–G Streets, Downtown San Rafael.
• Movies in the Park events
o Paddington in Peru - September 12, from 7:30 – 9 p.m. at Peacock Gap Park o The Wild Robot – September 26, from 6:45 – 8:45 p.m. at Gerstle Park o Mufasa: The Lion King – October 10, from 6:30 – 8:30 p.m. at Pickleweed Park o Lilo & Stitch: October 24, from 7:15 – 9 p.m. at Terra Linda Park • Tuesday, September 2, 2025 City Council meeting
City Councilmember Reports:
• Councilmember Kertz reported on PG&E for Hazard Awareness Warning Center tour, Marin Village’s 15-year anniversary celebration, Dining Under the Lights and Homeless Policy Steering Committee meeting.
• Councilmember Maika Llorens Gulati reported on National Night Out, Humbowl ribbon cutting, Voces del Canal and San Rafael Police Department meeting, Rotary meeting, sea level rise meeting, quarterly East San Rafael meeting with Supervisor Rodoni, and Quarterly Climate Action Forum.
• Councilmember Hill reported on Hot Italian ribbon cutting, Downtown San Rafael History Walking Tour with Business Improvement District (BID), National Night Out, Measure P Subcommittee, Finance Subcommittee, and PG&E Hazard and Awareness Warning Center tour.
• Mayor Pro Tem Bushey reported on Central Marin Sanitation Agency, San Rafael Sanitation District, Montecito Neighborhood Association, Measure P Subcommittee, and National Night Out.

Mayor Kate invited public comment; Hhowever, there was none.

CONSENT CALENDAR:

Mayor Pro Tem Bushey invited public comment; however, there was none.

Councilmember Kertz moved and Councilmember Hill seconded to approve the Consent Calendar items 4.a through 4.e.

AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
3 ABSTAIN: Councilmembers: Llorens Gulati (4.a only)
Councilmember Hill moved and Councilmember Kertz seconded to approve 4.f AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
Councilmember Hill moved and Councilmember Llorens Gulati seconded to approve 4.g AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of July 21, 2025 (CC) Approved minutes as submitted
b. Council and Mayor Compensation
Final Adoption of Ordinance 2050: An Ordinance Repealing and Replacing Ordinance No. 2038 to Add Language Under Division 2, Paragraph 3, Related to Payment Method for Council Compensation (CM)
Final adoption of Ordinance 2050
c. Fleet Replacement Fiscal Year 2025-26
Resolution Authorizing the City Manager to Purchase Three (3) Vehicles for Replacement in a Cumulative Amount Not to Exceed $430,000 (PW)
Adopted Resolution 15447
d. Quarterly Investment Report
Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending June 30, 2025 (Fin)
Accept report
e. Office of Traffic Safety Grant Acceptance
Resolution Approving the Acceptance and Appropriation of State of California Office of Traffic Safety Grant Funds in the Amount of $105,000 for the “Selective Traffic Enforcement Program” (“STEP”) Grant from October 1, 2025, Through September 30, 2026, and Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related to the Grant (PD)
Adopted Resolution 15448
f. Downtown Library Renovation Project Completion
Accept Completion of the Downtown Library Renovation Project, City Project No. 11439, and Authorize the City Clerk to File the Notice of Completion (PW) Accepted completion of the Downtown Library Renovation Project and authorized the City Clerk to file the Notice of Completion
g. Pacific Gas & Electric Company Project Contracts
4 Resolution Authorizing the City Manager to Enter into Contracts with Pacific Gas and Electric Company for the Second Street Utility Undergrounding (Phase 2) Project in an Amount Not to Exceed $255,351 and the Fourth Street and West Crescent Drive Intersection Improvements Project in an Amount Not to Exceed $34,224 and Approving Supplemental Budget Appropriations; CEQA Determination: Exempt Pursuant to CEQA Guidelines Section 15378(b)(5) (PW)
Adopted Resolution 15449

PUBLIC HEARINGS

5. Public Hearings
a. Electric Bicycle Safety Regulations in San Rafael
Introduction of An Ordinance Adding Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to Regulate Electric Mobility Devices Within the City Limits of San Rafael; CEQA Determination: Exempt Pursuant to CEQA Guideline 15061(b)(3) (PD)
Interim Deputy County Executive of the County of Marin Talia Smith presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Pro Tem Bushey invited public comment.

Speakers: Name withheld, Daniel Alm, Dr. Maa, Gwen Froh of Marin Bicycle Coalition, Bob Mittelstaedt, Jonathan Frieman, Al Vetere, Bill Carney
Mayor Pro Tem called a recess at 7:02 p.m., and called the meeting back to order at 7:07 p.m.

Staff responded to questions from the public.

City Councilmembers provided comments.

Councilmember Kertz moved and Councilmember Hill seconded to introduce the Ordinance, waive further reading, and refer to it by title only.

AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
The City Clerk read the title of the Ordinance:

An Ordinance Adding Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to Regulate Electric Mobility Devices Within the City Limits of San Rafael.
b. Streetary and Sidewalk Dining Program Fees Updates
Resolution Revising the “Streetary” and “Outdoor (Sidewalk) Dining” Fee Categories, Descriptions, and Structures in the City’s Master Fee Schedule Fiscal Y 2025-2026 and Authorizing Economic Incentives (CED)
5 Community & Economic Development Director Micah Hinkle introduced Economic Development Program Manager Stacey Laumann presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Pro Tem Bushey invited public comment; however, there was none.

City Councilmembers provided comments.

Councilmember Hill moved and Councilmember Kertz seconded to adopt the Resolution Revising the “Streetary” and “Outdoor (Sidewalk) Dining” Fee Categories, Descriptions, and Structures in the City’s Master Fee Schedule Fiscal Y 2025-2026 and Authorizing Economic Incentives
AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
Adopted Resolution 15450
c. Tri-Annual Building Code Ordinance Amendments
Introduction of an Ordinance Amending Title 12 (Building Regulations) of the Municipal Code of the City of San Rafael, by Repealing Title 12 and Amending Title 12 Thereof; Adopting the 2025 Edition of the California Building Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Existing Building Code, the California Green Building Standards Code, the California Energy Code, and the California Referenced Standards Code with Appendices and Amendments Herein; Adopting the 2024 Edition of the International Property Maintenance Code and the International Pool and Spa Code with Amendments; Amending Chapter 12.360 Single-Family Model Reach Code – FlexPath; Herein; and Adopting Findings of Fact Supporting the Amendments to the Code (CED) Community and Economic Development Director Micah Hinkle introduced Sustainability Program Manager Cory Bytof presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Pro Tem Bushey invited public comment.

Mayor Pro Tem Bushey called a recess at 7:56 and called the meeting back to order at 7:59 p.m.

Speakers: Bill Carney
City Councilmembers provided comments.

Councilmember Llorens Gulati moved and Councilmember Kertz seconded to introduce the Ordinance, waive further reading, and refer to it by title only and setting a public hearing for 6 Tuesday, September 2, 2025.

AYES: Councilmembers: Hill, Kertz, Llorens Gulati & Bushey NOES: Councilmembers: None
ABSENT: Councilmembers: Mayor Kate
The City Clerk read the title of the Ordinance:

An Ordinance Amending Title 12 (Building Regulations) of the Municipal Code of the City of San Rafael, by Repealing Title 12 and Amending Title 12 Thereof; Adopting the 2025 Edition of the California Building Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Existing Building Code, the California Green Building Standards Code, the California Energy Code, and the California Referenced Standards Code with Appendices and Amendments Herein; Adopting the 2024 Edition of the International Property Maintenance Code and the International Pool and Spa Code with Amendments; Amending Chapter 12.360 SingleFamily Model Reach Code – FlexPath; Herein; and Adopting Findings of Fact Supporting the Amendments to the Code.

OTHER AGENDA ITEMS

6. Other Agenda Items
a. Affordable Housing Requirements for Residential Development Projects Resolution Amending Resolution 14890, “Guidelines for the Administration of the Affordable Housing Requirement Program” to Clarify Existing Policy and Practice (CED) Housing Manager Alexis Captanian presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Pro Tem Bushey invited public comment
Speakers: Tom Monahan
Staff responded to comments from public comment.

City Councilmembers provided comments.

Councilmember Hill moved and Councilmember Kertz seconded to continue the item to the Tuesday, September 2, 2025 City Council meeting
AYES: Councilmembers: Hill, Kertz & Bushey
NOES: Councilmembers: Llorens Gulati
ABSENT: Councilmembers: Mayor Kate
Agenda item continued to September 2, 2025, if possible

OPEN TIME FOR PUBLIC EXPRESSION
• Bob Mittelstaedt addressed the City Council regarding parking boxes ADJOURNMENT:
7 Mayor Pro Tem Bushey adjourned the meeting at 8:37 p.m. in memory of Pat Kendall, who passed away on August 7, 2025.
__________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2025
_____________________________________
KATE COLIN, Mayor
SUMMARY OF ORDINANCE NO. 2051

OPERATION OF ELECTRIC MOBILITY DEVICES
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2051 which will add Chapter 5.35, “Operation of Electric Mobility Devices” of the City of San Rafael Municipal Code. Ordinance No. 2051 is scheduled for adoption by the San Rafael City Council at its regular meeting of September 2, 2025. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).

SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend the San Rafael Municipal Code by adding Chapter

5.35, “Operation of Electric Mobility Devices” to prohibit a person under the age of 16 from operating a Class 2 Electric Bicycle and requiring a person who operates a Class 2 bicycle to wear a helmet that complies with California Vehicle Code Section 21213(b) For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: August 22, 2025
1 ORDINANCE NO. 2051

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 5.35 “OPERATION OF ELECTRIC MOBILITY DEVICES” TO THE SAN

RAFAEL MUNICIPAL CODE TO REGULATE ELECTRIC MOBILITY DEVICES

WITHIN THE CITY LIMITS OF SAN RAFAEL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. FINDINGS.

WHEREAS, the popularity of electric bicycles (also known as “E-bikes”), especially Class 2 Electric Bicycles, has increased dramatically across Marin County, including San Rafael, and while e-bikes offer sustainable and accessible mobility, their rapid adoption, especially among riders under 16, has raised public safety concerns.

WHEREAS, between October 7, 2023, and May 10, 2025, Emergency Medical Services recorded that 27% of 911 medical responses to bicycle accidents involved Ebikes. Among all age groups, youth aged 10-15 stand out as having the highest proportion of E-bike 911 EMS response relative to regular bicycle injuries.

WHEREAS, California Vehicle Code section 312.5(a) classifies electric bicycles into three classes, and all electric bicycles are equipped with fully operable pedals and an electric motor that produces less than 750 watts of power. Class 1 Electric Bicycle consists of low-speed pedal-assisted electric bicycles equipped with a motor incapable of exclusively propelling the bicycle (and providing assistance at speeds no greater than 20 miles per hour). Class 2 Electric Bicycle consists of throttle-assisted electric bicycles equipped with a motor that may be used exclusively to propel the bicycle (and providing assistance at speeds no greater than 20 miles per hour). Class 3 Electric Bicycle consists of pedal-assisted electric bicycles equipped with a motor that provides assistance only when the rider is pedaling, that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour, and is equipped with a speedometer.

WHEREAS, on September 30, 2024, the California Legislature passed Assembly Bill 1778, which authorizes Marin County and local entities within Marin County to enact ordinances or resolutions providing for a pilot program, to be called the Marin Electric Bicycle Safety Pilot Program, which may prohibit any person under 16 years of age from operating a Class 2 Electric Bicycle and may require any person operating a Class 2 Electric Bicycle to wear a bicycle helmet.

WHEREAS, Assembly Bill 1778 includes a requirement that participating jurisdictions submit a report to the Legislature that includes, among other things, the total number of 2 traffic stops initiated for violations, the results of the traffic stops, and the actions taken by peace officers during the traffic stops, and data relating to electric bicycle crashes, including the ages of those involved in each reported crash.

WHEREAS, Assembly Bill 1778 further requires a jurisdiction adopting an ordinance to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution. The County of Marin will also be conducting an information campaign focusing on jurisdictions that have adopted similar ordinances.

WHEREAS, the Council seeks to authorize and establish a pilot program as provided for by Assembly Bill 1778.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 2. AMENDMENT OF MUNICIPAL CODE.

The Council hereby authorizes the Marin Electric Bicycle Safety Pilot Program within the City of San Rafael jurisdiction in accordance with the requirements of the Vehicle Code § 21214.5, et seq., and, in furtherance of this authorization, Chapter 5.35, “Operation of Electric Mobility Devices” is hereby added to the San Rafael Municipal Code.

Chapter 5.35 – Operation of Electric Mobility Devices

5.35.010 – Purpose and Scope
The provisions of this Chapter are intended to enact the program authorized by Vehicle Code § 21214.5, et seq., on all public roadways, highways, and other areas where Class 2 Electric Bicycles are allowed under federal, state, and local law.

5.25.020 – Definitions
For purposes of this Chapter, "Class 2 Electric Bicycle" shall have the same meaning as defined in the California Vehicle Code Sections 312.5(a)(2).

5.25.030 – Prohibitions and Restrictions
(a) No person under sixteen (16) years of age shall operate a Class 2 Electric Bicycle. (b) No person shall operate a Class 2 Electric Bicycle without wearing a bicycle helmet that complies with California Vehicle Code section 21213(b).

5.25.040 – Violations
3 (a) Within sixty (60) days of the effective date of this Chapter, any violation of this Chapter shall be punishable by warning notices.
(b) Beginning on the sixty-first (61) day after the effective date of this Chapter, a violation shall be punishable as follows:
i. A violation of the prohibition set forth in Section 5.25.030(a) shall be an infraction, punishable by a fine of twenty-five dollars ($25). A fee shall not be imposed upon a citation of this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training course pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.
ii. A violation of the prohibition set forth in Section 5.25.030(b) shall be an infraction punishable by a fine of twenty-five dollars ($25). A fee shall not be imposed upon a citation of this infraction if the person who violated the requirement, or, if that person is an unemancipated minor, their parent or guardian, delivers proof to the issuing agency within 120 days after the citation was issued that the person has a helmet meeting the requirements specified in Vehicle Code section 21212(a) and the person has completed a safety course established pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.
(c) No record of any violation of this Chapter shall be transmitted to any Superior Court of the State of California.
(d) If this Chapter is violated by a person who is an unemancipated minor, the parent or legal guardian having control or custody of the minor shall be jointly and severally liable with the minor for the amount of any fine imposed pursuant to this subdivision.

5.25.050 – Expiration of Program
This Chapter shall be effective so long as authorized by California Vehicle Code Section 21214.5, et seq.

DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)).
4 DIVISION 4. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this 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 any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

DIVISION 5. EFFECTIVE DATE; PUBLICATION.

A summary of this Ordinance shall be published, and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 18th day of August 2025, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2 nd day of September 2025 by the
following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.c
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Bernadette Sullivan
Senior Management Analyst II
City Manager Approval: ______________
TOPIC: MARIN HISTORY MUSEUM BOYD GATE HOUSE USE AGREEMENT SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT FOR REAL PROPERTY AT 1125 B STREET (BOYD GATE HOUSE) WITH THE MARIN HISTORY MUSEUM; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3)
RECOMMENDATION:

Staff recommends that the City Council adopt the resolution authorizing the city manager to execute a use agreement for real property at 1125 B Street (Boyd Gate House) with the Marin History Museum.

BACKGROUND:

The Marin History Museum (MHM) serves as the leading historical resource for Marin County. MHM curates a collection of more than 20,000 artifacts and 200,000 photographs, oral histories, and scholarly resources. It plays a central role in preserving and sharing Marin County’s history while enriching the City’s public initiatives through its programs and materials.

MHM offers a range of exhibits celebrating notable Marin residents, organizes community events, and provides access to both online and on-site research materials. The Museum’s efforts to represent and promote Marin’s history represent a valuable contribution to our community. In addition, MHM has partnered with the City on several projects requiring historical research, including access to archival photographs and documentation.

From 2002 to 2015, the City leased the Boyd Gate House at 1125 B Street to the Marin History Museum (MHM). During that time, MHM offered the public a variety of exhibitions and educational programs celebrating the innovation, creativity, and traditions of Marin County residents.

In 2015, the City repurposed the Boyd Gate House for internal use by the Economic Development Department and the Sustainability Division. City staff remained in the building until 2021, when they were relocated to City Hall following the completion of the Public Safety Center. Later in 2021, the City reestablished its partnership with MHM through a new lease agreement. The Museum resumed operations at the Boyd Gate House.

In early 2025, following the expiration of the Marin History Museum’s lease and its transition to a monthto-month arrangement, the Museum formally approached the City to request financial relief. Recognizing SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
MHM’s strong record as a dependable tenant, the significant cultural and educational benefits they provide to the community, and the City’s established practice of utilizing similar agreements with other organizations, staff engaged with MHM to explore replacing the existing lease with a more flexible Use Agreement. The proposed agreement reflects the collaborative nature of the relationship, expands MHM’s programming to include public activities at Falkirk Mansion, and reaffirms the City’s commitment to cultural enrichment, education, and downtown revitalization. Staff believes this approach will continue to benefit the community, preserve an important cultural partnership, and conserve City resources by avoiding the need to identify and transition to a new tenant.

ANALYSIS:

The proposed Use Agreement establishes a non-possessory license for the Marin History Museum (MHM) to continue operations at the Boyd Gate House for a term of three years, with the option to extend for three additional one-year terms based on mutual satisfaction and agreement to terms. The agreement may also be reviewed at any time by either party. This structure provides flexibility, promotes long-term planning, and allows the City to revisit the terms as needs evolve.

In exchange for rent-free use of the Boyd Gate House, MHM will provide a wide range of public benefits to the City and its residents. These include:
• Installation of a quarterly exhibit of images from MHM’s collection that reflect San Rafael's history at City Hall.
• Inclusion of at least one public event about San Rafael’s history in MHM’s annual Speaker Series, to be held at the San Rafael Public Library.
• Assistance provided to the City in creating content for brochures, signage, and other civic collateral.
• Waiver of usage fees for archival images from MHM’s collection used for City civic projects. • Creation of a tri-fold flyer for a self-guided tour of the Falkirk Mansion to be distributed at the site. • Creation of a virtual plaque tour similar to the one in the City of Petaluma, where visitors use mobile phones to scan QR codes, accessing webpages with historic content; this may include San Rafael landmarks and the interior of the Falkirk Mansion. • Coordination with designated City staff regarding matters related to MHM operations at the Boyd Gate House.

MHM will operate as a self-governing, non-profit organization and will provide its own personnel and volunteers to produce programs, services, and activities. The Museum is solely responsible for all supplies, materials, equipment, custodial services, computers, telephones, and utilities used in its operations.

The agreement also requires MHM to provide an annual report to the City by March 1st detailing activities conducted over the previous year, as well as a copy of its regularly prepared annual financial statement.

This model strengthens the City’s long-standing partnership with MHM while reducing financial and operational burdens. It ensures public access to cultural programming, promotes local history, supports downtown activation, and advances the City’s strategic goals without requiring rent or ongoing City SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
staffing. At the same time, it preserves the City’s authority to adjust use of the space as needed and protects City interests through insurance, indemnity, and audit provisions.

ENVIRONMENTAL DETERMINATION:

The approval of this Use Agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the approval or implementation of this Use Agreement would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)).

FISCAL IMPACT:

Under the prior lease agreement, the City received $14,400 annually in rent from the Marin History Museum, which goes to the Community and Economic Development Budget. With the transition to a Use Agreement, the City will no longer receive rental income for the use of the Boyd Gate House. MHM will cover its own operational expenses. While this agreement does not provide direct revenue, the value is realized through increased public programming, preservation of local history, and enhanced community engagement.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the Resolution to Approve the Use Agreement between the City and the Marin History Museum.

2. Reject the Use Agreement with directions to staff for revision.

3. Reject the Use Agreement.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the resolution authorizing the city manager to execute a use agreement for real property at 1125 B Street (Boyd Gate House) with the Marin History Museum.

ATTACHMENTS:

1. Resolution

2. Use Agreement
RESOLUTION NO.

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT FOR REAL PROPERTY AT 1125 B STREET (BOYD GATE HOUSE) WITH THE MARIN

HISTORY MUSEUM
WHEREAS, the City of San Rafael desires to support cultural programming, promote local history, and strengthen partnerships with community-based organizations; and WHEREAS, the Marin History Museum (MHM) has long served the community by providing historical exhibits, events, and resources, including programs located at the Boyd Gate House; and
WHEREAS, from 2002 to present, the City has leased, from time to time, to MHM, a portion of the Boyd Gate House, with the most recent tenancy subject to the “Lease Agreement between the City of San Rafael and the Marin History Museum” dated July 1, 2021, (referred to as the “Lease”); and
WHEREAS, the parties desire to terminate the Lease in favor of a City Use Agreement, which provides greater flexibility to adjust to changing conditions, and which is the type of contractual arrangement the City favors with other community partners; and WHEREAS, City staff and MHM have negotiated the terms of a Use Agreement establishing a non-possessory license for MHM to continue operations at the Boyd Gate House for a term of three (3) years, with the option to extend for three (3) additional one-year terms upon mutual agreement; and
WHEREAS, in exchange for rent-free use of the Boyd Gate House, MHM will provide a wide range of public benefits to the City and its residents, including but not limited to:
• Installation of a quarterly exhibit of images from MHM’s collection reflecting San Rafael’s history at City Hall;
• Inclusion of at least one public event about San Rafael’s history in MHM’s annual Speaker Series, to be held at the San Rafael Public Library; • Assistance in creating content for brochures, signage, and other civic collateral; • Waiver of usage fees for archival images from MHM’s collection used for City civic projects;
• Creation of a tri-fold flyer for a self-guided tour of the Falkirk Mansion; • Creation of a virtual plaque tour with QR codes linking to webpages with historic content related to San Rafael landmarks and the Falkirk Mansion; and WHEREAS, the Use Agreement requires MHM to operate as a self-governing nonprofit organization responsible for its own staffing, supplies, and operations, and to provide annual reports to the City detailing programming and financial statements; and WHEREAS, the Use Agreement further protects City interests through provisions regarding insurance, indemnity, and audit rights; and
WHEREAS, the City Council of the City of San Rafael finds that approval of this Use Agreement advances the City’s strategic goals by ensuring public access to cultural programming, promoting downtown activation, and reducing financial and operational burdens on the City; and
WHEREAS, the City finds that the Use Agreement is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15061(b)(3).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE:

The foregoing recitals are true and correct and the City Manager, or their designee, is hereby authorized to execute the Use Agreement on behalf of the City of San Rafael and to take all actions necessary to implement its terms.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on the 2nd day of September 2025 by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
________________
Lindsay Lara, City Clerk
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AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND

THE MARIN HISTORY MUSEUM
THIS AGREEMENT is made and entered into this ____ day of ________ 2025 (“Effective Date”) by and between the CITY OF SAN RAFAEL, hereinafter referred to as “City” and the MARIN HISTORY MUSEUM, a 501(C)3 Non-Profit Organization, hereinafter referred to as “MHM”.

RECITALS
WHEREAS, the City is the owner of certain real property in the City of San Rafael, commonly referred to as Assessor’s Parcel No. 011-131-03 (hereinafter “City Parcel”); and
WHEREAS, from 2002 to present, the City has leased, from time to time, to Licensee, a portion of the City Parcel, commonly known as the “Boyd Gate House” at 1125 B Street, San Rafael, CA, referred to as the Boyd Gate House, with the most recent tenancy subject to the “Lease Agreement between the City of San Rafael and the Marin History Museum” dated July 1, 2021, (referred to as the “Lease”); and
WHEREAS, MHM has a collection of some 20,000 artifacts and 200,000 historic photographs and volumes of county scholarship, oral history and only-inMarin curiosities, which is the basis for its public programs including exhibits, lectures, walks and classroom activities, and serves as a critical resource for authors, historians, students and other researchers (referred to herein as “MHM Operations”); and
WHEREAS, allowing for MHM Operations at the Boyd Gate House would be beneficial to the public health and welfare in that it would facilitate encourage and promote MHM’s public programs and service as a resource to celebrate the traditions, innovations, and creativity of the people of Marin County and to provide activity within the San Rafael downtown area; and
WHEREAS, to allow for MHM’s continued operations at the Boyd Gate House and to expand public programs at the Falkirk Mansion, the parties desire to terminate the lease and enter into this Agreement to provide for greater flexibility for the Parties.

Now, therefore, the City and MHM hereby agree as follows:
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AGREEMENT
Section 1: Status of Lease
The parties agree that for due consideration, which is hereby acknowledged, upon execution of this agreement, the Lease is hereby terminated by mutual agreement. Each party hereto this Agreement hereby releases, waives, and discharges the other party, including its officers, directors, employees, agents, successors and assigns, from any and all claims, demands, obligations, liabilities, causes of action, and damages, including any relocation assistance, arising out of the termination of the Lease. Each party expressly waives any and all rights under Section 1542 of the California Civil Code, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Section 2: Duties and Responsibilities of City

2.1 License for Boyd Gate House

2.1.1 In consideration of the benefit to the City and/ or its residents generally, as described above, subject to the terms and conditions stated herein, the City grants to MHM, an exclusive license (hereinafter “ Boyd Gate House License”) for Boyd Gate House for the limited purposes described herein and for no other purpose. The term of the license shall be for the term of this Agreement.

2.1.2 MHM understands, acknowledges and agrees that the grant of this License does not convey any interest in real property, and that the License is personal to MHM.

2.1.3 The City grants License to MHM for the limited purpose of MHM Operations. MHM understands, acknowledges and agrees that this license to use the Boyd Gate House is for this sole purpose and for no other purpose. MHM’S use of Boyd Gate House for any other purpose, without the prior written consent of the City, shall automatically terminate this License.

2.1.4 The City grants this Boyd Gate House License subject to any and all licenses, leases, easements, conditions, restrictions, covenants, encumbrances, liens and claims of title which may affect the Boyd Gate House as of the effective date of this Agreement and to the City’s right to maintain the City 3 Error! Unknown document property name.

Property, including the Boyd Gate House. The City reserves the right to use Boyd Gate House in any manner, provided that such use does not unreasonably interfere with MHM’s rights granted herein. The City agrees to cooperate with MHM in the exercise of the City’s right to use Boyd Gate House.

2.1.5 Conditions of License
a. The City reserves the right to modify or change MHM use of space based on program needs.
b. MHM shall be responsible for providing all equipment, furnishings, materials, supplies and personnel necessary for the management and operation of MHM Operations at Boyd Gate House. c. All City personnel that the City assigns to assist the MHM programs shall be employees of the City and, as such, shall be completely under the direction, control, and responsibility of the City. d. MHM shall provide custodial services, maintenance,
computers, telephones, and utilities for the MHM Operations at the Boyd Gate Gouse, at no cost to the City.
e. MHM shall conduct MHM Operations at the Boyd Gate
House and fulfill its duties and responsibilities as set forth in Section 3.

Section 3. Duties and Responsibilities of MHM

3.1 MHM is and shall operate as a self-governing, non-profit organization with elected officers and members.

3.2 MHM membership is open to all persons regardless of gender, sexual orientation, creed, religion, race, residency, physical ability, or national origin.

3.3 For the benefit of the City and its residents, MHM Operations shall include :

3.3.1 City Hall Display. Installation of a quarterly exhibit of images from MHM’s collection that reflect San Rafael history.

3.3.2 Historical Talks. MHM will include as part of its annual Speaker Series at least one public event about San Rafael’s history over the last 151 years, held at the San Rafael Public Library. 4 Error! Unknown document property name.

3.3.3 City Collateral Support. Assistance to the City in creating content for brochures, signage, etc. related to MHM Operations at Boyd Gate House.

3.3.4 Archival Image Access. MHM will waive all usage fees for images from its collection for City civic projects.

3.3.5 Self-Guide Tour Creation. MHM will create a tri-fold flyer about the Falkirk Mansion to be distributed at the location.

3.3.6 Plaque Tour Research. Creation of a virtual tour that is similar to the one in the City of Petaluma, where visitors use their mobile phones to scan QR codes to access webpages with content about historic buildings, landmarks, or neighborhoods. These codes can be displayed in windows or on small signs attached to parking meters or light poles. The content (text, photos, etc.) will be provided by MHM. This could be expanded to include the interior of the Falkirk Mansion. All of this content can also be arranged for viewing on a dedicated website.

3.4 MHM shall coordinate with designated City staff regarding matters concerning the operation of the MHM Operations at the Boyd Gate House.

3.5 All MHM personnel and volunteers coordinated by the MHM shall be completely under the direction, control and responsibility of the MHM. MHM is solely responsible for furnishing its own personnel and volunteers to produce programs, services, and activities. MHM is not authorized to offer fee-based activities, classes or programs instructed by third-party contractors, outside organizations, or individuals not associated with the MHM at Boyd Gate House.

3.6 MHM shall, at its sole cost, provide independent supplies, materials, equipment, and all consumable materials necessary for the conduct of MHM Operations, its programs, services, activities, and events.

3.7 Equipment (not including computers/monitors, modems/routers, loaned or leased equipment, or items that are part of MHM’s collection), and furnishings purchased by the MHM expressly for use at the Boyd Gate House shall become permanent property of the Boyd Gate House and shall be shared with other individuals, groups and organizations utilizing the Boyd Gate House for other activities, with permission of the MHM during the term of this and any subsequent agreements between the City and the MHM. MHM shall permit other individuals, groups and organizations to access a computer set up for the purposes of conducting historical research at the Boyd Gate House. 5 Error! Unknown document property name.

3.8 MHM shall abide by and follow all policies, procedures, rules and regulations set forth by the City for the administration and operation when fulfilling its duties at locations other than the Boyd Gate House.

Section 4. Compensation

4.1 The City agrees that there are no fees due to the City for the activities and use of the Boyd Gate House described in this Agreement, unless the Agreement requires otherwise.

4.2 MHM agrees to pay fees, to be agreed upon by the parties in advance of any assignment, for City personnel assigned to support MHM activities at the Boyd Gate House.

4.3 MHM agrees that the City will not furnish personnel assigned to coordinate or direct MHM programs as part of this Agreement. MHM agrees to furnish their own personnel, at its own expense, to coordinate MHM programs.

Section 5. Reports and Audits
By March 1st of each year, MHM shall provide to the City a comprehensive status report describing all organized activities conducted and supervised during the previous year at Boyd Gate House. MHM shall provide to the Assistant City Manager, or their designee, a copy of its annual financial statement as regularly prepared.

Section 6. Term
This Agreement shall commence on the date written above and shall expire three years from the Effective Date. This Agreement may be extended for three (3) additional one (1) year terms based on mutual satisfaction and agreement to terms.

Section 7. Termination of Agreement

7.1 Discretionary. Either party may terminate this Agreement without cause upon ninety ( 90) days written notice mailed or personally delivered to the other party.

7.2 Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) days' time period.
6 Error! Unknown document property name.

7.3 Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. City shall cooperate with MHM for the safe temporary storage and access to the Boyd Gate House to allow for the orderly removal of MHM’s collection pieces and equipment.

7.4 Return of Documents. Upon termination, any and all City documents or materials provided to MHM and any and all of MHM's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to the City as soon as possible, but not later than thirty (30) days after termination.

Section 8 Indemnification

8.1 MHM shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by the City, and hold harmless the City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "Claims"), arising out of MHM's performance of its obligations or conduct of its operations under this Agreement. MHM 's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the MHM 's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of MHM's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce MHM's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from MHM'S performance of or operations under this Agreement, MHM shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims.

8.2 The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.

Section 9. Insurance.
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9.1 Scope of Coverage. During the term of this Agreement, MHM shall maintain, at no expense to the City, the following insurance policies:
a) A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage.
b) An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
c) If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the MHM's performance of services under this Agreement. Where MHM is a professional not required to have a professional license, The City reserves the right to require MHM to provide professional liability insurance pursuant to this section. d) If it employs any person, MHM shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. MHM's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against The City.

9.2 Other Insurance Requirements. The insurance coverage required of the MHM in this section, shall also meet the following requirements:
a) Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.
b) The additional insured coverage under MHM's insurance policies shall be "primary and non-contributory" with respect to any insurance or coverage maintained by The City and shall not call upon The City's insurance or self insurance coverage for any contribution. The "primary and non-contributory" coverage in MHM's policies shall be at least as broad as ISO form CG20 01 04 13.
c) Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 8 Error! Unknown document property name.
d) By execution of this Agreement, MHM hereby grants to the City a waiver of any right to subrogation which any insurer of MHM may acquire against the City by virtue of the payment of any loss under such insurance. MHM 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.
e) If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.
f) The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement.
g) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract or agreement) before the City's own insurance or selfinsurance shall be called upon to protect it as a named insured. h) It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to The City or any other additional insured party.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the MHM under this agreement.
i) The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the Assistant City Manager.

9.3 Deductibles and SIR's. Any deductibles or self-insured retentions in MHM' insurance policies must be declared to and approved by the City’s Risk Manager, and shall not reduce the limits of liability. Policies containing any selfinsured retention (SIR) provision shall provide or be endorsed to provide that the 9 Error! Unknown document property name.

SIR may be satisfied by either the named insured or the City or other additional insured party. At the City's option, the deductibles or self insured retentions with respect to the City shall be reduced or eliminated to the City's satisfaction, or MHM shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.

9.4 Proof of Insurance. MHM shall provide to the City’s Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. The City reserves the right to obtain a full certified copy of any insurance policy and endorsements from MHM. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City’s Risk Manager.

Section 10. Possessory Interest.

MHM recognizes and understands that this Agreement may create a Possessory interest subject to property taxation and that MHM may be subject to the payment of property taxes levied on such interest.

Section 11. Independent Contractor.

It is understood and agreed that MHM, its employees, agents and volunteers, in performance of the duties and obligations under this Agreement, shall act as and shall be an independent contractor and not an agent or employee of the City. As such, MHM, its employees, agents and volunteers shall obtain no rights or benefits, which accrue to the City employees. MHM expressly waives any claims it, its employees, agents, or volunteers may have to any such rights or benefits.

Section 12. Assignment: No Third Party Beneficiaries.

12.1 MHM shall not assign or transfer any interest in this Agreement, nor its duties and obligations under this Agreement, without the prior written consent of the City, and any attempt by MHM to so assign this Agreement, or any rights, duties or obligations arising hereunder, shall be void and of no effect.

12.2 Neither party shall assign or transfer its rights to enforce any part of this Agreement. The obligation of the City and the obligations of the MHM stated in this Agreement are not intended to, and do not, create any rights to any other 10 Error! Unknown document property name.
person or entity which such person or entity would not otherwise have in the absence of this Agreement.

Section 13: Compliance With All Laws & Non-discrimination.

MHM shall comply with all applicable laws, ordinances, codes and regulations of the State, Federal and local governments in the performance of its duties and obligations under this Agreement. MHM shall not discriminate, in any way against any person on the basis of age, sex, race, color, creed, religion, sexual orientation, physical ability, or national origin in connection with or related to the performance of this Agreement. MHM shall release, defend, indemnify, and hold harmless the City, its officers, agents, and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

Section 14. Authority.

14.1 Each party represents that it has duly approved the signing of this Agreement and has duly authorized the person named below to sign this Agreement on its behalf in accordance with applicable law. Each such named person personally warrants that he/she has such approval and authority.

14.2 Minor variations in the provision of services pursuant to this Agreement may be made with written concurrence by the Assistant City Manager and MHM. With this exception, this Agreement may only be modified by a written amendment executed by the parties to this Agreement.

Section 15. Waiver.

MHM understands and agrees that waiver by the City of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by the City of the performance of any duty or obligation by MHM shall not be deemed to be a waiver of any term or condition of this Agreement.

Section 16. Notices.

All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid, addressed to the responsive parties as follows:

To The City:
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Assistant City Manager
1400 Fifth Street
San Rafael, CA 94901
To MHM:

Marin History Museum P.O. Box 150727 San Rafael, CA 94915 Notice shall be deemed effective on the date personally delivered or, if mailed, upon deposit in the mail, properly addressed and with required postage.

Section 17. Whole Agreement.

17.1 The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.

17.2 This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the MHM and the City.

17.3 No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.

17.4 If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control.

Section 18. Set-Off Against Debts.

MHM agrees that City may deduct from any payment due to MHM under this Agreement, any monies which MHM owes the City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.

Section 19. Attorney's Fees.

The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action.
12 Error! Unknown document property name.

Section 20. Survival of Terms.

Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns.

Section 21. Applicable Law.

The laws of the State of California shall govern this Agreement.

Section 22. Counterparts and Electronic Signature.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.

IN WITNESS WHEREOF the parties hereto have executed this written AGREEMENT the day and year first above written.

CITY OF SAN RAFAEL MARIN HISTORY MUSEUM
____________________
_________________________________
Cristine Alilovich, City Manager Heather McPhail Sridharan, President, Board of Directors
ATTEST
Date_____________________________
_________________________
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
__________________________ Date:
____________________________
Andrea Visveshwara,
Chief Assistant City Attorney
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.d
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance / Library
Prepared by: Paul Navazio, Finance Director City Manager Approval: ________ Jinder Banwait, Administrative Analyst
TOPIC: LIBRARY PARCEL TAX RATE FOR FISCAL YEAR 2025-26 - REVISED SUBJECT: REVISED REPORT ESTABLISHING THE ANNUAL RATE ADJUSTMENT FOR THE SPECIAL LIBRARY SERVICES PARCEL TAX FOR THE FISCAL YEAR 2025-26 AS AUTHORIZED BY SAN RAFAEL MUNICIPAL CODE CHAPTER 3.36 (VOTERAPPROVED MEASURE D) RECOMMENDATION:

Staff recommends that the City Council accept the revised report concerning the San Rafael Special Library Services Parcel Tax rate adjustment for Fiscal Year (FY) 2025-26, from July 1, 2025, through June 30, 2026, based upon the San Francisco-Oakland-Hayward Price Index for All Urban Consumers ("CPI") in accordance with Section 3.36.030 of the San Rafael Municipal Code (SRMC).

BACKGROUND:

On June 2, 2025, the City Council received a report establishing the annual tax rate adjustment for the special Library Services Parcel Tax (Measure D) for FY 2025-26. Following acceptance of the report, and while preparing the tax roll to be submitted to the Office of the Marin County Tax Collector, an error was identified in the FY 2025-26 tax rates reported to the City Council on June 2nd.

The SRMC Section 3.36.030, “Imposition of the Tax,” stipulates that an annual adjustment to the Tax rate shall be applied based on the annual percentage increase, if any, in the previous fiscal year to the CPI, not to exceed 3 percent annually.

The report presented to the City Council on June 2nd correctly noted that utilizing the Bureau of Labor Statistics - Western CPI Summaries (BLS-WS) for the San Francisco-Oakland-Hayward, CA, All Urban Consumers Index, results in a year-over-year change of 1.27 percent. However, the FY 2025-26 tax rates reflected in the table included in the June 2nd staff report inadvertently used a 3% adjustment factor rather than the correct adjustment factor of 1.27%.

This report has been prepared to communicate to the City Council the corrected Library Services Parcel Tax Rates for FY 2025-26.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

Based on this result, the annual rate adjustment for the Library Parcel Tax is determined by the change in the CPI of 1.27 percent. Adjusting the Library Parcel Tax rate by 1.27 percent results in the following tax rate schedule:

Section 3.36.030 Imposition of Tax:

Parcel Rate Types FY 2024-25 Rates
FY2025-26 Rates as
reported on 6/2/25
(based on 3.0% CPI
Adjustment)

CORRECTED
FY2025-26 Rates
based on a 1.27%
CPI Adjustment
Single-family residential
Parcel
$71.12 $73.20 $72.02
Multi-Family Residential
or Other Residential
Parcel
$71.12 + $12.04 per
Living unit, in excess of
one, up to a maximum
of $1,206.70 per year
per parcel
$73.20 + $12.41 per
Living unit, in excess
of one, up to a
maximum of
$1,242.90 per year
per parcel
$72.02 + $12.18 per
Living unit, in excess
of one, up to a
maximum of
$1,222.02 per year
per parcel
Non-Residential Parcel $71.12 $73.20 $72.02
Note: The FY 2025-26 tax roll for the Special Library Services Parcel Tax has been submitted to the Office of the Marin County Tax Collector based on the correct tax rates.

FISCAL IMPACT:

The FY 2024-25 tax revenues generated by this assessment were $1,196,757. Applying the 1.27 percent rate adjustment, the FY 2025-26 tax revenues are estimated to be $1,211,956, representing an increase of $15,199. All revenues generated by this assessment are recorded in the Library Special Assessment Special Revenue Fund (215). The fiscal impact of this annual rate adjustment was correctly reported in the June 2nd staff report.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Accept the report.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION:

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Andrew Powell, Junior Engineer
April Miller, Public Works Director
City Manager Approval: ___________
TOPIC: PICKLEWEED LIBRARY RENOVATION PROJECT
SUBJECT: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE PICKLEWEED LIBRARY RENOVATION PROJECT, CITY PROJECT NO. 11428 (“PROJECT”), AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT WITH ARNTZ BUILDERS, INC.

IN THE AMOUNT OF $1,984,974, AND AUTHORIZING THE CITY MANAGER

TO AMEND THE CONTRACT AMOUNT USING CONTINGENCY FUNDS OF $295,026, FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,280,000; AND

AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

Staff recommends that the City Council adopt the above-referenced resolution to move forward with construction of the Pickleweed Library Renovation Project, City Project No. 11428 (“Project”).

BACKGROUND:

Pickleweed Branch Library is 2,000 square feet, co-located with the Albert J. Boro Community Center and within Pickleweed Community Park. The facility is heavily utilized and is an important resource for a predominantly Spanish-speaking community. Under the Library and Recreation Department, the broader facility is a successful example of joint and collaborative use between the City’s Library and Recreation Divisions. The community’s demand and practical need for more spacious, modern library facilities to serve the residents of San Rafael has been affirmed through numerous needs assessments, studies, and facility analyses. The 2019 Library Facilities Planning Study identified the expansion of the current Pickleweed Branch Library as one opportunity for increasing library space for the community.

In 2022, the City secured a $1,000,000 Building Forward Grant from the State Library Foundation to redesign and renovate the Pickleweed Library to increase public space, improve accessibility and inclusivity, and enhance means of egress. The Building Forward Grant requires a 100% SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
project match, for which the City has allocated memorial funds that were donated to the City for the purpose of improving library facilities and services that are accessible to all.

The City Council Three-Year Strategic Plan for FY 2025 – FY 2028 identifies redesigning the Pickleweed Branch Library as objective E.4.1 under Priority Area E: Quality of Life: Safety and Wellbeing.

The Project aims to maximize limited space and to create a more cohesive and welcoming library through the redesign of the interior space to include a dedicated children’s room, more flexible public space, modification to the existing restrooms, reconfiguration and upgrade of the Police Department Substation, accessible staff spaces, and improved means of egress.

On April 15, 2024, the City entered into a Professional Services Agreement with Jayson Architecture for architectural, engineering, and interior design services for the Project, for an amount not to exceed $251,210. The design team evaluated both the 2019 Existing Facilities Report and more recent infrastructure, staff, and patron needs at the Pickleweed Library to develop the final project plan.

The Project was appropriated $1,748,790 in the fiscal year (FY) 2024-25 budget in anticipation of upcoming construction and $100,000 in the FY 2025-26 budget for work associated with the Albert J. Boro Community Center Police Department Substation Upgrade and Restroom Sinks.

ANALYSIS:

1. Construction Agreement
On July 7, 2025, the Project was advertised in accordance with San Rafael’s Municipal Code Chapter 11.50. Due to the budget limitations, the Project was advertised with some elements listed as “additional alternate items” to allow the City to choose whether to award them depending on the bids received. The plans and specifications, deemed reasonable by the City Engineer, are available at the Department of Public Works and on the City’s website:
https://www.cityofsanrafael.org/pickleweed-branch-library-renovation/

ADVERTISED BID LIST PROJECT ELEMENTS
Base Bid Full interior renovation of the existing Pickleweed Library, Police substation, and existing Community Center restroom.

Additional Alternate #1 Exterior Entry Improvements
At the bid opening on August 8, 2025, the following bids were received and read aloud. The low bidder was selected based on the Base Bid total.

BIDDER BASE BID ADD ALT #1 BID TOTAL
Arntz Builders, Inc. $ 1,851,097.00 $ 133,877.00 $ 1,984,974.00 FRC, Inc. $ 1,865,857.00 $ 127,120.00 $ 1,992,977.00
Unger Construction Co. $ 1,871,259.00 $ 104,492.00 $ 1,975,751.00 Zone 4 Construction,
Inc.
$ 1,896,664.45 $ 115,797.00 $ 2,012,461.45
Rubicon Builders $ 1,909,084.00 $ 68,101.00 $ 1,977,185.00 DMR Builders $ 1,954,380.00 $ 161,400.00 $ 2,115,780.00 JPB Designs Inc. $ 2,515,000.00 $ 195,000.00 $ 2,710,000.00 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The construction bids were reviewed by Public Works staff, and the low base bid of $1,851,097 from Arntz Builders, Inc. was found to be both responsive and responsible.

Alternative #1 – Exterior Entry Improvements
Staff recommends awarding Alternate #1, which consists of exterior entry improvements including a new book drop location, redesigned exterior storefront and glazing, additional paving for stroller parking, and a new exterior sign.

City staff recommends awarding the Base Bid plus Alternate #1 in the construction agreement with Arntz Builders, Inc. in the amount of $1,984,974 and recommends the City Council authorize a construction contingency of $295,026, approximately 15% percent, for a total amount of $2,280,000. Staff does not anticipate major scope changes for the Project; however, the contingency will provide some financial assurance for unforeseen conditions.

The Public Works Director would be authorized to issue any change order to the contract within the total contingency amount. The Construction Agreement is attached (Attachment 1) and is in a form approved by the City Attorney.

2. Professional Services Agreement for Construction Management and Inspection The City also requested proposals from construction management and inspection firms listed on the City’s service level agreement on-call list for these services. Due to the quick turnaround, firm availability, and type of construction, the City only received one proposal for this immediate need.

Unico Engineering, Inc. provided the City with a proposal and scope of work to provide construction management and inspection services throughout the duration of construction. The City negotiated the scope of work to reduce the cost and scope by supplementing construction management support with existing City staff. In addition, the City compared rates and fees with other recent construction management proposals and has deemed the proposal responsive and responsible. Staff recommends awarding the professional services agreement (Attachment 2) for construction management and inspection services to Unico Engineering, Inc., for $ 211,500.

The construction and construction management agreements bring the project total to $2,742,710, requiring an additional $642,710 in project appropriations. Staff proposes utilizing $51,930 in funding that was originally allocated to the Downtown Library Modernization project (Project No. 11428) from the Library Special Assessment Fund (formerly Measure C) Capital Set Aside funds (Fund 215) to support the Project. The former Measure C-Capital Set Aside fund was established to fund necessary facility improvements to the San Rafael Public Libraries, such as the Pickleweed Library Renovation Project. At the April 7, 2025, City Council meeting, $100,000 of funds were allocated to support the Downtown Library Modernization Project. However, that project is wrapping up and will not require the full funding allocated to the project. Staff also proposes allocating an additional $48,070 in memorial funds from the Robert & Lorraine Joses Memorial Fund, which was donated to the City for improved library facilities and services that are accessible to all, to support the Project.

Measure P, a voter-approved citizens’ initiative, established a new parcel tax, primarily intended to fund a new Library and Community Center at Albert Park. However, Measure P also allows for the tax proceeds to be spent on renovations at the City’s branch libraries, provided that sufficient funding is available to complete the Albert Park project.

Staff recommend allocating $542,710 in Measure P appropriations to the Pickleweed Library Renovation project. The funding proposed for the Pickleweed Library renovation would represent less than 0.3% of the expected revenue generated by Measure P. This level of funding will not SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
impact the funding needed for the Albert Park Library and Community Center project. Measure P is expected to generate $6,370,000 annually, with a bonding capacity of $95,000,000.

Additionally, the City has $915,000 in funds that have been donated to build a new library in San Rafael. Between Measure P and the donated funds, the City will have more than sufficient funding for the main Albert Park Library and Community Center project.

COMMUNITY OUTREACH:

The designs for this Project were presented to the Library Board of Trustees at their regularly scheduled meeting on August 13, 2024, and at a special meeting of the Pickleweed Advisory Committee on September 11, 2024. They were also presented to the community during the 2024 Movies in the Park event at Pickleweed Park and through displays at the library in the Summer and Fall of 2024. Feedback from those meetings and events has been integrated into the final project plan. The feedback included input on the color palette, particularly in the children’s room, and requests for specific furniture and seating styles. Additionally, staff have notified the public about this project and related impacts through the City Library’s project webpage, a press release, newsletters, signage, and social media.

ENVIRONMENTAL DETERMINATION:

Staff reviewed the scope of work necessary for the Project and determined that it qualifies for a categorical exemption under the California Environmental Quality Act (CEQA) Guidelines, Section 15301 for Existing Facilities. The key consideration to obtain a categorical exemption is that the project involves negligible or no expansion of use. Qualifying examples that are in line with the scope of the Project include, but are not limited to, alterations of existing public structures, facilities, mechanical equipment, plumbing, and such.

FISCAL IMPACT:

The recommendation in this staff report would result in committing costs totaling $2,491,500, including $2,280,000 for construction (including contingency) and $211,500 for construction management. The following table summarizes the available funding to support these project costs:

Funding to support $1,748,790 of these agreements was included in the adopted FY 2024-25 Capital Improvement Program (CIP) budget through appropriations within the Library Fund (214) – Pickleweed Branch Library Redesign Project. This funding is proposed to be carried forward to the current FY 2025-26 budget via separate Council action. Underlying funding sources for the project include $1 million in grant funding, combined with City matching funds allocated for this purpose.

Uses
Construction Contract 1,984,974
Construction Contingency 295,026
Construction Management 211,500
$ 2,491,500
Sources
213 Library Memorial Fund $ 48,070 Fund Balance*
214 Library Fund 1,748,790 FY 2024-24
215 Library Special Assessment Fund 51,930 FY 2024-25
420 Measure E 50,000 FY 2025-26
430 Measure P Fund 542,710 FY 2025-26
611 Building Maintenance Fund 50,000 FY 2025-26
$ 2,491,500
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
An additional $50,000 from Measure E Fund (420) and $50,000 from Building Maintenance Fund (611) were appropriated in the adopted FY 2025-26 CIP budget for work associated with the project. Staff identified $51,930 in Library Special Assessment Fund (formerly Measure C) Capital Set Aside funds (Fund 215) to support the project.

Staff is further recommending an allocation of $542,710 of available Measure P funds included in the FY 2025-26 and is requesting City Council authorization to appropriate $48,070 in available Library Memorial Funds (Fund 213) to the Pickleweed Library Renovation project to cover the remaining construction costs.

OPTIONS:

1. Adopt the proposed resolution to move forward with the construction of the Project.

2. Do not adopt the resolution and provide further direction to staff. This option will severely delay this project and likely result in the loss of grant funds.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the above-referenced resolution to move forward with construction of the Pickleweed Library Renovation Project, City Project No. 11428 (“Project”).

ATTACHMENTS:

1. Resolution

2. Draft Formal Construction Contract with Arntz Builders, Inc.

3. Draft Professional Services Agreement with Unico Engineering Inc. for construction management and inspection services
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE PLANS AND

SPECIFICATIONS FOR THE PICKLEWEED LIBRARY RENOVATION PROJECT, CITY PROJECT NO. 11428 (“PROJECT”), AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT WITH ARNTZ BUILDERS, INC. FOR THE PROJECT IN THE AMOUNT OF $1,984,974, AND AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT AMOUNT USING CONTINGENCY FUNDS OF $295,026, FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,280,000; AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH UNICO ENGINEERING FOR CONSTRUCTION MANAGEMENT IN THE AMOUNT NOT TO EXCEED $211,500; APPROPRIATING $48,070 FROM THE LIBRARY MEMORIAL FUND (213); CEQA DETERMINATION EXEMPT PURSUANT TO CEQA GUIDELINE 15301
WHEREAS, on the 7th day of July 2025, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit:
“Pickleweed Library Renovation Project”
City Project No. 11428
(hereinafter referred to as the “Project”) in accordance with the plans and specifications, therefore, on file in the office of the Department of Public Works; and
WHEREAS, the bid of $1,984,974 from Arntz Builders, Inc., at the unit prices stated in its bid, was and is the lowest bid for said work and said bidder is the lowest responsible bidder; and WHEREAS, staff has recommended an additional 15% of the bid price for a contingency in the amount of $295,026, resulting in a total not-to-exceed contract amount of $2,280,000; and WHEREAS, funding in the amount of $1,848,790 has previously been approved for this Project through the fiscal year (FY) 2024-25 and FY 2025-26 budget; and WHEREAS, staff has determined that construction management services from qualified consultants will be required for the Project; and
WHEREAS, staff has found the proposal from UNICO Engineering to be complete and within industry standards; and
WHEREAS, an additional $51,930 shall be reallocated to City Project No. 11428 from the Downtown Library Modernization project (Project No. 11439), which was previously appropriated from the Library Special Assessment Fund (formerly Measure C - Fund 215) and is no longer needed to complete that Downtown Library project; and
WHEREAS, an additional $48,070 in Library Memorial Funds (Fund 712), which were donated to the City for the purpose of improved library facilities and services that are accessible to all, are available to support City Project No. 11428; and
WHEREAS, an additional $542,740 shall be reallocated to City Project No. 11428 from appropriated Measure P funds for the purposes of this Project, given that such expenditure will not impact the funding needed for the Albert Park Library and Community Center Project, and in accordance with San Rafael Municipal Code Section 3.42.030.B.4;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The foregoing recitals are true and correct.

2. The City Council finds that the Project is exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline 15301 for existing facilities; and

3. The plans and specifications for the Project, which are on file in the Department of Public Works, are hereby approved.

4. The bid of Arntz Builders, Inc. is hereby accepted at the unit prices stated in its bid.

5. The City Manager is authorized and directed to execute the contract for the Project, in a form approved by the City Attorney, with Arntz Builders, Inc., for the bid amount stated in its bid, and is authorized to execute any amendment(s) up to the construction contingency amount of $295,026 (approximately 15% of the contract value, for a total not to exceed contract amount of $2,280,000.

6. The proposal of UNICO Engineering is hereby accepted at the unit prices stated in its proposal.

7. The City Manager is authorized and directed to execute a Professional Services Agreement for the Project, in a form approved by the City Attorney, with UNICO Engineering, Inc., for construction management and inspection services, for a total not to exceed contract amount of $211,500.

8. To supplement funding previously authorized for this Project, the City Council further authorizes the allocation of $542,710 in Measure P funds appropriated within the FY 2025- 26 capital budget and further authorizes the appropriations of $48,070 from available Library Memorial Funds (Fund 213) to support the project.

9. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Tuesday, the 2
nd day of September 2025, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
File No.: 06.01.257
Pickleweed Library Renovation 2022 Form CONTRACT
C661142810 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of San Rafael (“City”) and Arntz Builders, Inc. (“Contractor”), for work on the Pickleweed Library Renovation Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On __________________, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,984,974 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 240 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,800 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Pickleweed Library Renovation 2022 Form CONTRACT
C661142810 Page 2

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of San Rafael
Department of Public Works
111 Morphew Street
San Rafael, CA 94901
415-458-5006
Attn: Andrew Powell, Junior Engineer
[email protected]
Pickleweed Library Renovation 2022 Form CONTRACT
C661142810 Page 3
Contractor:

Name: Arntz Builders, Inc.

Address: 431 Payran Street
City/State/Zip: Petaluma, CA, 94952
Phone: 707-835-2900
Attn: Brian Proteau
Email: [email protected]
Copy to: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Marin County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ CRISTINE ALILOVICH. City Manager ROBERT F. EPSTEIN, City Attorney Pickleweed Library Renovation 2022 Form CONTRACT
C661142810 Page 4
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
LINDSAY LARA, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
General Info
Alt Total: $133,877.00
Total:
$1,984,974.00
Number
Pickleweed Library Renovation
Project
Deadline
08/08/2025 11:00 AM PDT
Vendor
Arntz Builders, Inc.

Submitted
08/08/2025 10:56 AM PDT
Signed by
Brian Proteau Account Holder
Brian Proteau
Opened
08/08/2025 11:01 AM PDT By
[email protected]
Description
The purpose of this Request for Proposals is to solicit bid proposals for qualified contractors to construct the Pickleweed Library Renovation Project.

The project is a full interior renovation of the Pickleweed Branch Library. The Project scope includes, but it is not limited to, modifications to: new interior walls, doors, interior glazing, ceilings, and finishes, compliance with current life safety codes, public safety office, exterior entry improvements, and modifications to building systems (HVAC, electrical, lighting, telecommunications, audiovisual, and plumbing).

The estimated construction cost without alternatives is $1.82 million. The estimated construction cost with alternatives is $1.98 million
Allows zero unit prices and labor
No
Allows negative unit prices and labor
No

Page 1 of 17 ends

Exhibit A

ATTACHMENT LIST
Responsiveness Questions.pdf (559 KB)
Bidder could be found non-responsive if answered "No" to questions 1-6 or "Yes" to questions 7-13. Disregard reference to Section A and B.

Bidder's Questionaire.pdf (463 KB)
Pickleweed Library Hazmat Report.pdf (985 KB)
PICKLEWEED LIBRARY - BID SET DRAWINGS_ADDENDUM 01.pdf (59.2 MB) PICKLEWEED LIBRARY - BID SET SPECIFICATIONS_ADDENDUM 01.pdf (5.26 MB) As-Builts (53 MB)
Pickleweed Library - Bid Addendum 1.pdf (271 KB)
Front End Specifications - Addendum 02.pdf (2.08 MB)
Pickleweed Library - Bid Addendum 2.pdf (545 KB)

Page 2 of 17 ends

BID PROPOSAL
(“Bidder”) *
Arntz Builders, Inc.
hereby submits this Bid Proposal to the City of San Rafael (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”):
$: *
$1,851,097.00

2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued):

Addendum #: *
1 Addendum Date: *
07/28/2025

3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following:

3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code§ 1104.

Page 3 of 17 ends

3.2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the Project location.

3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge.

3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.

3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following:

4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents;

4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and

4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents.

This Bid Proposal is hereby submitted on [Date] *
08/08/2025
s/ *
Brian Proteau
Name and Title *

Page 4 of 17 ends

Brian Proteau, President
s/ *
David Arntz
Name and Title *
David Arntz, Secretary/Treasurer
Company Name *
Arntz Builders, Inc.

License #, Expiration Date, and Class *
856393, Exp: 3/31/27, A, B
Address *
431 Payran Street
DIR Registration # *
1000003147
City, State, Zip *
Petaluma, CA 94952
Phone *
(707) 835-2900
Contact Name *
Brian Proteau
Contact Email *
[email protected]

END OF BID PROPOSAL

Page 5 of 17 ends

BID SCHEDULE - DIRECTIONS
This Bid Schedule must be completed electronically and included with the Electronic Bid Proposal. Pricing must be provided for each Bid Item as indicated. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.

AL = Allowance LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON = Ton (2000lbs)
LB = Pounds

Page 6 of 17 ends

BID SCHEDULE - BASE BID ITEMS
$1,747,196.00
Bid Item No. Item
Description Est Qty. Unit Unit Cost Extension
1 Selective Building
Demolition 1.00 LS $40,000.00 $40,000.00
2 Concrete 1.00 LS $1.00 $1.00
3 Structural and
Misc. Steel 1.00 LS $8,500.00 $8,500.00
4 Gypsum Board,
Metal Stud
Framing

1.00 LS $60,000.00 $60,000.00
5 Rough Carpentry 1.00 LS $526,495.00 $526,495.00
6 Casework 1.00 LS $400,000.00 $400,000.00
7 Building
Insulation 1.00 LS $7,000.00 $7,000.00
8 Joint Sealants 1.00 LS $500.00 $500.00
9 Waterproofing
and Weather
Resistant Barriers

1.00 LS $5,000.00 $5,000.00
10 Roofing 1.00 LS $60,000.00 $60,000.00
11 Metal Wall
Panels, Sheet
Metal Flashing

1.00 LS $10,000.00 $10,000.00
12 Doors, Frames,
Hardware 1.00 LS $35,000.00 $35,000.00
13 Aluminum,
Glazing, Railings 1.00 LS $90,000.00 $90,000.00
14 Tiling 1.00 LS $55,000.00 $55,000.00
15 Acoustical
Ceilings 1.00 LS $30,000.00 $30,000.00
16 Tile, Carpeting,
and Resilient
Flooring

1.00 LS $26,000.00 $26,000.00
Total: $1,747,196.00

Page 7 of 17 ends

Bid Item No. Item
Description Est Qty. Unit Unit Cost Extension
17 Painting and Wall
Covering 1.00 LS $60,000.00 $60,000.00
18 Fire Protection
and Suppression 1.00 LS $20,000.00 $20,000.00
19 Shelving 1.00 LS $3,700.00 $3,700.00
20 Signage 1.00 LS $5,000.00 $5,000.00
21 Plumbing 1.00 LS $55,000.00 $55,000.00
22 HVAC 1.00 LS $110,000.00 $110,000.00
23 Electrical 1.00 LS $135,000.00 $135,000.00
24 Utilities 1.00 LS $5,000.00 $5,000.00
Total: $1,747,196.00

Page 8 of 17 ends

BID SCHEDULE - BASE BID - UNIT PRICE #1: Restroom Renovation at Community Center Wing
$26,000.00
Bid Item No. Item
Description Est Qty. Unit Unit Cost Extension
1 Selective
Demolition 1.00 LS $3,000.00 $3,000.00
2 Gypsum Board,
Metal Stud
Framing

1.00 LS $2,500.00 $2,500.00
3 Tiling 1.00 LS $2,500.00 $2,500.00
4 Electrical 1.00 LS $2,500.00 $2,500.00
5 Plumbing 1.00 LS $11,000.00 $11,000.00
6 Utilities 1.00 LS $1,000.00 $1,000.00
7 Furnishings and
Accessories 1.00 LS $3,500.00 $3,500.00
Total: $26,000.00

Page 9 of 17 ends

BID SCHEDULE - BASE BID - UNIT PRICE #2 PUBLIC SAFETY OFFICE TI & EXT WALLS WORK
$77,901.00
Bid Item No. Item
Description Est Qty. Unit Unit Cost Extension
1 Selective
Demolition 1.00 LS $10,000.00 $10,000.00
2 Structural and
Misc. Steel 1.00 LS $1.00 $1.00
3 Rough Carpentry 1.00 LS $6,500.00 $6,500.00
4 Building
Insulation 1.00 LS $1,200.00 $1,200.00
5 Doors, Frames,
Hardware 1.00 LS $2,500.00 $2,500.00
6 Glazing 1.00 LS $1,200.00 $1,200.00
7 Tile Carpeting
and Resilient
Flooring

1.00 LS $8,500.00 $8,500.00
8 Acoustical
Ceilings 1.00 LS $10,000.00 $10,000.00
9 Specialty
Finishes 1.00 LS $5,000.00 $5,000.00
10 HVAC 1.00 LS $5,000.00 $5,000.00
11 Plumbing 1.00 LS $20,000.00 $20,000.00
12 Fire Protection 1.00 LS $500.00 $500.00
13 Electrical 1.00 LS $7,500.00 $7,500.00
Total: $77,901.00

Page 10 of 17 ends

BID SCHEDULE - ADDITIONAL ALTERNATE ITEMS #1: EXTERIOR ENTRY IMPROVEMENTS $133,877.00
Item Code Description Quantity Units Unit Price Extension Alternate: Owner-agency may award independently from entire bid. 1 Selective
Demolition 1.0000 LS $20,000.00 $20,000.00
2 Rough Carpentry 1.0000 LS $47,377.00 $47,377.00
3 Aluminum ,
Glazing, Railings 1.0000 LS $2,500.00 $2,500.00
4 Concrete 1.0000 LS $25,000.00 $25,000.00
5 Painting 1.0000 LS $3,500.00 $3,500.00
6 Electrical 1.0000 LS $1,500.00 $1,500.00
7 Signage 1.0000 LS $8,000.00 $8,000.00
8 Metal Wall
Panels, Sheet
Metal Flashing

1.0000 LS $17,000.00 $17,000.00
9 Furnishings and
Accessories 1.0000 LS $9,000.00 $9,000.00
Alternate Total: $133,877.00
Total: $133,877.00

Page 11 of 17 ends

SUBCONTRACTOR LIST - INSTRUCTIONS
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the bidder’s total Contract Price,[1] the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. [1] For street or highway construction this requirement applies to any subcontract of $10,000 or more.

Page 12 of 17 ends

SUBCONTRACTOR LIST
Description Of Work Subcontractor Name California Contractor License Number
Roofing Westech Roofing 500843
Fire Protection Bay Cities Fire Protection 731222
Demolition Professional Asbestos & Lead
Services 700658
Aluminum Frames & Doors & glass &
glazing Integrity Glass 1036272
Gyp Board North Bay Drywall & Construction 1035251
Acoustical Ceilings Division 9 Specialty 1003305
Flooring Kim's Flooring 739226
Casework & Countertops JR Stephens 445547
Plumbing Cal Pacific Systems 924244
Tiling KZ Tile 767277
Electrical A&G Electric 915693
HVAC Top Notch Mechanical 972009
Painting KBI Painting 944475
Location Of Business Dir Reg No. Percent Of Work
Richmond, CA 1000006381 3.25%
Santa Rosa, CA 1000045613 1%
Concord, CA 1000868914 2.75%
Rohnert Park, CA 1000514921 4.5%
Cotati, CA 1000054143 3.00%
Rohnert Park, CA 1000025918 1.5%
San Francisco, CA 1000006544 1.5%
Arcata, CA 1000009737 21%

Page 13 of 17 ends

Location Of Business Dir Reg No. Percent Of Work
Brisbane, CA 1000004768 3%
South San Francisco, CA 1000001756 2.75%
West Sacramento, CA 1001121189 7.5%
Sacramento, CA 1000017371 5.75%
Petaluma, CA 1000005867 5.25%

Page 14 of 17 ends

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the *
President
of: *
Arntz Builders, Inc.
the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
[date], *
08/08/2025
[city] *
Petaluma
[state] *
California
✓ I agree that my digital or electronic signature applies to this form
*
Name *
Brian Proteau

Page 15 of 17 ends

Bid Security
As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (select one). Upload a scan of the paper bid security.

Within ten calendar days following City’s issuance of the Notice of Award to the apparent low bidder, the bidder must submit original hardcopies of the payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents.

Guarantee Method *
Paper Bid Security, Cashier's
Check, or Certified Check:

Paper Bid Security, Cashier's Check, or Certified Check:

Confirmation: *
A bid security, using the Bid Security form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California.

Page 16 of 17 ends

REQUIRED DOCUMENTS LIST
Name Omission Terms Submitted
File
Paper Bid Security, Certified Check, or Cashier's
Check
[insert instructions for delivery of wet-ink, original
documents]
I am verifying my bid security electronically.

Bid Bond -
Arntz
Builders.pdf
Bidder's Questionnaire
Submission of bidder's questionnaire is required.

Bidders
Questionnaire -
Arntz
Buidlers.pdf
Responsiveness Questions
Submission of responsiveness questions is
required.

Responsiveness
Questions-Arntz
Builders.pdf
3 Required Documents

Page 17 of 17 ends

August 8, 2025
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Subject: Pickleweed Library Renovation
Bid Date: 8/8/25 @ 11:00am
Bidder Questionnaire
To whom it may concern:

Enclosed please find our Responsiveness Questions with associated backup.

Please contact us with any questions or concerns.

Sincerely,

ARNTZ BUILDERS, INC
Kelsey Godfrey
Bid Coordinator
431 Payran St, Petaluma CA 94952 License No. 856393 T (707) 835-2900 F (707) 835-2993 www.arntzbuilders.com Arntz Builders, Inc.

Ownership Information
OSHA Citations
Project Experience

August 8, 2025
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Subject: Pickleweed Library Renovation
Bid Date: 8/8/25 @ 11:00am
Responsiveness Questions
To whom it may concern:

Enclosed please find our Responsiveness Questions with associated backup.

Please contact us with any questions or concerns.

Sincerely,

ARNTZ BUILDERS, INC
Kelsey Godfrey
Bid Coordinator
431 Payran St, Petaluma CA 94952 License No. 856393 T (707) 835-2900 F (707) 835-2993 www.arntzbuilders.com Arntz Builders, Inc.

Pickleweed Library Renovation 2022 Form PAYMENT BOND
C661142810 Page 5
Payment Bond
The City of San Rafael (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Pickleweed Library Renovation Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place.

Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
Pickleweed Library Renovation 2022 Form PAYMENT BOND
C661142810 Page 6

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ ROBERT F. EPSTEIN, City Attorney Date

END OF PAYMENT BOND
Pickleweed Library Renovation 2022 Form PERFORMANCE BOND C661142810 Page 7
Performance Bond
The City of San Rafael (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Pickleweed Library Renovation Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ Pickleweed Library Renovation 2022 Form PERFORMANCE BOND C661142810 Page 8
Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place.

Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.

END OF PERFORMANCE BOND
Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 9
General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”
Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.

City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and his or her authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work.

Day means a calendar day unless otherwise specified.

Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 10
Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings has the same meaning as Plans.

Engineer means the City Engineer for the City of <________________> and his or her authorized delegees.

Excusable Delay is defined in Section 5.3(B), Excusable Delay.

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.

Furnish means to purchase and deliver for the Project.

Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements.

Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.

Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.

Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 11
Project means the public works project referenced in the Contract.

Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.

Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.

Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City.

Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to selfperform.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work.

The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.

Technical Specifications has the same meaning as Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication.

Article 2 - Roles and Responsibilities

2.1 City.
(A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 12
proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents.
(C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor.
(D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.

2.2 Contractor.
(A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 13
and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations.

Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners.
(G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any.

Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records.
(H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
(I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 14
days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2.
(J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract.
(K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project.

2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each Subcontractor must obtain a City business license before performing any Work.

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(B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable.

2.4 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.
(B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 16
performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4.

2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer.

Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed.

If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 17
requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility.

2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.

2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be reemployed or permitted on the Project in any capacity without City’s prior written consent.

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents.
(A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 18
defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version:
(A) Change Orders;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed;
(E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) Specifications;
(J) Plans;
(K) Notice of Potential Award;
(L) Notice Inviting Bids;
(M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders;
(O) Contractor’s Bid Proposal and attachments;
(P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:

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(A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.
(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern.
(C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City.

3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only.

3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.

3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.

3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 20
executed by Contractor and its surety using the bond forms included with the Contract Documents.
(A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City.

If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract.

Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.

4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions:
(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 21
liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR.
(4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

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(3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage.
(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

Article 5 - Contract Time

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time.
(A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed.

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(C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers.

Contractor must also retain documentation of the purchase order date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so.
(C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week lookahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 24
to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project.
(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.
(H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay.

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(B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day.

Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule.

Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day.
(3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for NonExcusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay.

Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years;
(2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time;
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(4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers;
(6) performance or non-performance by Contractor’s Subcontractors or suppliers;
(7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or
(11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals.
(E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.

Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section

7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay.
(F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit.
(G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 27
efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below.

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5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time due to Contractor’s NonExcusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above.
(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor.

Article 6 - Contract Modification

6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties.
(A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract.

Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings.

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(B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section

6.2, below. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal.

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(A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known.
(C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.

Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.”

6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section

8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs.

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(C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.

6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work.

Article 7 - General Construction Provisions

7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work.
(B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 32
approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.

7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles.

Private driveways, residences and parking lots must have access to a roadway during non-Work hours.
(A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic.

7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location.

7.5 Project Site and Nearby Property Protections.
(A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 33
must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections.
(2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.
(3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location.
(4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor.
(5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure.
(B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer.

Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.
(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.

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(E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence.

The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City.

7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.

7.7 Substitutions.
(A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 35
determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts.
(B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution.

Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review.
(D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final.

(E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City.
(F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor.

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(C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions:
(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs.
(2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.
(4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City.
(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved waterspraying truck for this purpose. If water is used for dust control, Contractor will only use Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 37
the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way.

Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system.
(E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor.

7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project.

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(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application.

The instructions and manuals, along with any required guarantees, must be delivered to City for review.
(B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents.

7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible aboveground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment.

7.12 Existing Utilities.
(A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities.

This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7.
(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 39
assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein.

Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert.

7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project.
(A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
(1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws;
(2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or
(3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City.

7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 40
sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.

7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.

7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents.

Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order.

7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13.

7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials.

Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways.
(A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 41
governing discharge of stormwater, including applicable municipal stormwater management programs.

7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor.

7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at:
ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf.

Article 8 - Payment

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price.

The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents.
(B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below.

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8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed. (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations.
(G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor.

8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.

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Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c).

8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

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8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section

8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.

8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release.

8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor.

Article 9 - Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited.

Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815.
(C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference.
(D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws.

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9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
(B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates.

9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR.
(A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

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Article 10 - Safety Provisions

10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite.
(A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City.
(B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws.
(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.
(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City.

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(A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances.

Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed.

10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City.

Article 11 - Completion and Warranty Provisions

11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents.

The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item.
(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 48
the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list.
(D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to selfperform the outstanding items or to retain a third party to complete any such outstanding punch list item.

11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be coguarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction.

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(F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work.

11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
(B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.

Article 12 - Dispute Resolution

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 50
rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein.
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute.

The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs.

Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:

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a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above);
c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
(C) Submission Deadlines.
(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

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12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.

12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 53
responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; nonavailability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.

12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.

12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article

13. Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 54
Article 13 - Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project.
(B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.
(D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or inprogress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12.

13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 55
payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work.
(E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 56
opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.

13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date.
(B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City.

13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.
(A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs.

Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 57
(3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article

13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.

Pickleweed Library Renovation 2022 Form GENERAL CONDITIONS C661142810 Page 58

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.

14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions:

Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty.

END OF GENERAL CONDITIONS
v. Feb 2025 Page 1
City of San Rafael

SERVICE LEVEL AGREEMENT
DATED _______________________
WITH ______________________________________
TASK ORDER NO. ____
Subject title: __________________________________________________ Task Order Amount: $_____________
THIS TASK ORDER is entered into by and between the City of San Rafael, a municipal corporation ("City"), and ______________________________ ("Contractor"), and is effective on ____________________.

RECITALS
A. The City and Contractor have entered into a Service Level Agreement ("Contract") under which Contractor has agreed to perform certain contract services for the City; and
B. Pursuant to the terms of the Contract, the City wishes Contractor to perform certain tasks as set forth in this Task Order, which constitute the Work; NOW, THEREFORE, City and Contractor agree as follows:

CONTRACT

1. Scope of Work. Contractor shall provide any and all of the work set forth in Exhibit A of this Task Order, as directed by the City.
_______________________ shall be the Project Manager for Contractor for this Task Order. Additional contract services may be performed by other Contractor staff with prior notice and approval by City.
a. City's duties. The City will:
(1) Determine the scope of work, as set forth in Exhibit A. (2) Make available work plans and specifications and other City data related to the Work, including full information as to the City's requirements. (3) Designate _____________________________ as the person at the City responsible for monitoring performance under this Task Order.

UNICO ENGINEERING INC.

Joanna Kwok
Carlos Melendez
Unico Engineering Inc.

SEPTEMBER 15, 2024
153
211,498.69
Construction Management Services for Pickleweed Library Renovation Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 City of San Rafael Service Level Agreement
Task Order
v. Feb 2025 Page 2
b. Contractor duties. The Contractor will:
(1) Provide and perform tasks identified in Exhibit A, Scope of Work. (2) Provide miscellaneous services related to the Work and not stipulated elsewhere in this Task Order, when requested by the City in writing. A Task Order Amendment is required if these additional services cannot be performed within the Task Order budget.

2. Date of completion; Work hours estimate; Cost estimate and budget; Fee schedule:

Costs are not-to-exceed $_________ for this Task Order. See Exhibit A, Scope of Work.

3. Authorization to proceed.

The City will give Contractor authorization to proceed with the Work specified in this Task Order only after Contractor submits updated insurance certificates and endorsements, in accordance with the Contract.

4. Service Level Agreement terms; Conflicts.

Except as expressly otherwise provided herein, all terms of the Contract shall apply to Contractor in the performance of work pursuant to this Task Order. If there is a conflict between this Task Order and the Contract, this Task Order shall control.

4. Amendment of Task Order; Conflicts.

Except as provided in Section 1(b)(2) above, this Task Order may not be modified except by an Amended Task Order executed and approved in the same manner as the Task Order.

5. Signatures.

The parties have executed this Task Order, as of the date first written above. 211,498.69
Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 City of San Rafael Service Level Agreement
Task Order
v. Feb 2025 Page 3
CITY OF SAN RAFAEL:
_________________________________
________________________________,
_________________________________
Executed on:_______________________
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
________________________________,
_________________________________
ATTEST:

City Clerk
_________________________________
________________________________,
_________________________________
CONTRACTOR:
__________________________________
By: ____________________________
Name: ____________________________
Title: ____________________________
[If Contractor is a corporation, second
corporate officer signature required]
__________________________________
By: ____________________________
Name: ____________________________
Title: _____________________________
Exhibits:

A Scope of work, time of completion, work hours estimate, cost estimate and budget, and fee schedule (Contractor's current hourly rate) as approved in Service Level Agreement and subsequent yearly updates.

Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684

EXHIBIT A

SCOPE OF WORK
This is an Exhibit attached to, and made a part of the Contract by and between Contractor and the City providing for the referenced services. The Scope of Work includes:

1. Description of the Work:

1.1 Description: The City of San Rafael plans to renovate the Pickleweed Library. Funding will come from two California State Library grants. UNICO Engineering Inc. will provide construction management services for the Department of Public Works for the Pickleweed Library Renovation project.

2. Specific Tasks:

As part of the Scope of Work, the Contractor shall perform the following tasks:

Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 Task 1 – Pre-Construction Services: During the first few weeks of the project, UNICO will:
• Meet with project stakeholders to clearly define project expectations, goals, team roles, responsibilities and procedures for how UNICO will accomplish those goals. • Complete a detailed site investigation to document existing conditions. • Review the contract documents (plans and specifications), City Standards, and applicable building codes.
• Review the Contractor’s Schedule of Values.
• Review and analyze the Contractor’s baseline schedule. • Coordinate with the City and establish a project filing system to organize electronic files and hard copies for project documents. • Schedule, coordinate, and conduct the pre-construction meeting. Meeting attendees will include staff from the City, Contractor, UNICO, and Architect. UNICO will prepare and distribute the meeting agenda and minutes. • Develop the logs to be used to verify and document that project requirements are completed. These include: submittal log to identify required submittals and highlight time sensitive submittals; a testing and special inspections log to list required materials testing and special inspections; an issues/potential change order log to document issues/potential changes to the contract; a contract change order log to document official changes to the contract; and a closeout log to list items required to successfully close out the project.

Schedule Management
Prior to the pre-construction meeting, UNICO will request a draft baseline schedule from the Contractor. UNICO will review and analyze the draft baseline schedule for conformance with the contract documents. The review of the Contractor’s baseline schedule includes a detailed review of activity logic, duration, level of detail, inclusion of long-lead procurement items, and contract restrictions. Once the draft baseline schedule is established and approved, copies will be distributed to project stakeholders.

Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 Task 2 – Construction Management Services: Communication and Coordination:

UNICO will prepare monthly reports to document project status and pertinent project issues. Reports will be sent to the City and project stakeholders. UNICO will act as the liaison between the City, Contractor, design team, and project stakeholders to provide effective and timely communications.

UNICO will collaborate with the City, City’s vendors, Library staff, and the Contractor on OFOI and OFCI items to confirm that equipment is ordered, delivered, and installed without impacting the construction schedule. UNICO will work with the City and Library staff to develop a post-construction move schedule.

UNICO will coordinate with the Contractor to verify necessary permits and inspections are obtained and scheduled with Building Department and Sanitary District.

Meetings
UNICO will organize, plan, and chair the pre-construction meeting, weekly progress meetings, and various coordination meetings as necessary to facilitate project communication and success. Weekly progress meetings will be used to coordinate and report on work progress, including the status of submittals, RFIs, change orders, potential change orders, and if applicable, safety concerns. The meetings will also be used as a tool to identify specific tasks necessary for project success and identify who will be responsible for completing those tasks. After the weekly meetings, UNICO will follow up with project team members to encourage them to complete the commitments and facilitate timely resolution of issues.

UNICO will generate logs of RFIs, submittals, and proposed change orders for review at the weekly meetings.

Submittal Management
UNICO will review the specifications in detail and generate a comprehensive log of required submittals, including shop drawings. This log will be reviewed with the Contractor and submittals prioritized based on lead times and when they are needed in the field. As submittals come in, UNICO will review them for conformance with the contract documents and actual site conditions. Submittal status reports will be generated regularly, reviewed in the weekly progress meetings, and outstanding items followed-up on.

Progress Payment Requests
During the last few days of each month, UNICO will schedule a time to walk the project with the Contractor and review the information in their draft progress payment application, including their proposed percent complete of Schedule of Values line items. After agreement is reached on the quantity of work complete to date, the Contractor will transmit their pay application, along with an updated construction schedule and any necessary substantiating data, such as Conditional and Unconditional lien releases. UNICO will review this information for accuracy Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 and completeness. If acceptable, UNICO will then make a recommendation for the City’s approval and payment. UNICO will also collect and review other monthly contract requirements at this time, such as updated project as-built plans and any required reports. On a monthly basis, UNICO will conduct an earned value analysis to confirm that the project is within budget and on schedule. UNICO will recommend actions to take if the project progress is not in agreement with the budget or schedule.

Request for Information (RFI):

When an RFI is submitted by the Contractor, UNICO will review it for completeness and verify that the necessary information, such as detail and plan references, is present. UNICO will review the contract documents and confirm that the RFI is a legitimate request, and that the information is not already identified in the contract documents. If it will help to clarify the issue, UNICO will attach a picture or sketch to assist the design team to visualize the issue/concern. Once submitted to the design team, UNICO will track the progress of RFIs and follow-up with the reviewer regularly to expedite resolution. Timely response to Contractor questions is critical to project success and claims mitigation.

Change Orders
UNICO will work closely with the City’s Project Manager, design team, and the Contractor to proactively seek agreement on the cost and schedule impacts of contract change orders. UNICO will diligently observe and follow the City of San Rafael’s guidelines for processing contract change orders. Typical procedures include:
• First, UNICO will verify the work involved is not part of the original contract scope. • Once it is determined the work is outside the scope of the contract, UNICO will validate the addition is justified. The potential change orders will be logged.

Potential change orders will be monitored and discussed at weekly progress meetings until they are settled.
• Once it is determined the proposed change order is justified, UNICO will perform a detailed estimate and time impact analysis, if applicable. UNICO will document the proposed change order and provide a written justification to the City to review and approve.
• UNICO will develop negotiation strategies for every proposed change order and present these findings/strategies to the City’s Project Manager. • UNICO will assist in negotiating the change orders.
• Once negotiated, UNICO will prepare the applicable change order documents, track, and route them for necessary signatures. The fully executed change orders will be logged.

Project Records
UNICO will prepare, organize, and maintain project records. UNICO will utilize Egnyte to store the project documents and allow easy access to authorized project team members. Electronic copies of RFIs, submittals, meeting minutes, change orders, correction notices, daily reports, photos, and weekly statements of working Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 days will be stored in Egnyte. UNICO will coordinate with the City and establish a project filing system to organize electronic files and hard copies of project documents. At project closeout, UNICO will provide the City with a digital copy of the project documents in electronic format. Hard copy files will be provided upon request.

Schedule Management
UNICO will verify the Contractor’s monthly schedule update accurately reflects project status. At the weekly meetings, UNICO will utilize the Contractor’s 3-week look ahead schedule for a more granular view of the overall project schedule and as a tool to provide a level of planning and coordination for the immediate future.

Construction Inspection
It is understood that inspection is required as part of this Task Order. UNICO will coordinate with the City’s Building Department inspectors and perform quality assurance inspections to confirm the project is constructed in accordance with the contract documents and manufacturer’s recommendations. Whenever force account work is performed, City staff will document work activities, workforce, and materials used.

UNICO will provide staff to prepare the daily reports that will record details about site conditions, visitors, Contractor personnel and subcontractors on site, applicable equipment used, work activities started, completed or in progress, activities scheduled but not started/completed, inspections and tests completed, delays, disruptions, and issues. UNICO will to log and maintain project files inclusive of daily reports.

It is understood that materials testing and special inspections are not included as part of this Task Order.

Photo Log
The City will provide staff to take photos/videos of the project site throughout construction to provide visual records of the project conditions, including preexisting conditions, construction activities/equipment, construction sequencing, unsafe project conditions requiring corrective action, and the final constructed condition. City staff will take photos of specific materials or equipment to document compliance with the contract documents and approved submittals.

Issues Management and Claims Mitigation
An issue is any occurrence that may have an impact on project cost, time, or deliverables. Issues are given a tracking number and are logged as a potential change order. Following the identification of an issue, UNICO will track it closely and document the details with photos, correspondence, and City inspector reports.

The potential change order log will be printed weekly and will be discussed at the weekly meeting. Any open issues will be followed up on to resolve them as quickly as possible. UNICO will investigate and work to resolve any potential claims.

Compliance
Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 UNICO will collect certified payroll reports from the Contractor each month as part of the monthly pay application process. UNICO will also spot-check these submissions for accuracy and completeness. UNICO will perform employee interviews to confirm that the employees are receiving the required prevailing wage. UNICO will coordinate with City staff to confirm that the Contractor posts the required posters, notices, wage determinations, etc. at the job site.

UNICO will promptly notify the Contractor, in writing, concerning any observed variances to the contract requirements.

UNICO will develop a Correction Notice form and log, to formally notify the Contractor of any scope of work that is not in compliance with the contract documents and track its correction.

UNICO will prepare weekly statements of working days to keep the Contractor on notice regarding the number of working days they have to complete the project, and the point at which liquidated damages will be assessed.

Safety
Prior to the commencement of any work, UNICO will confirm that the Contractor has submitted a copy of their safety plan. The safety plan should be comprehensive and tailored to the specifics of this project. During construction, UNICO will monitor the jobsite and identify potential safety issues. If there is an immediate safety hazard to a worker or the public, UNICO will take immediate action to halt the unsafe act or make the situation safe. If UNICO become aware that the Contractor is not following their safety plan, UNICO will bring it to their attention through verbal and written correspondence and notify the City. If the situation is not immediately rectified, UNICO will collaborate with the City on what course of action should be taken. UNICO will report any safety incidents to the appropriate parties.

Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 Task 3 – Post-Construction Services: Project Closeout:

Well in advance of substantial completion, as various areas, rooms, or systems are progressing, UNICO will utilize our logs and check lists, to inform the Contractor as to what items are complete and what items are outstanding, including materials testing and special inspection requirements. UNICO will discuss these outstanding requirements in weekly progress meetings and track Contractor progress towards completing them.

When the scope of work is nearing substantial completion, UNICO will develop a preliminary punch list for the Contactor to begin addressing. UNICO will schedule a meeting with the design team and applicable City representatives for a formal punch list inspection. UNICO will incorporate outstanding items from the preliminary punch list along with the items from the City/design team walk into a formal punch list. UNICO will follow-up on the completion of those items by the Contractor in a timely manner.

At the conclusion of the project, UNICO will review as-built drawings for completeness. Electronic and physical hard copies of the project files will be turned over to the City for their archives.

DELIVERABLES
Contractor’s deliverables under the Contract are enunciated throughout the Contract and include but are not limited to the following:

1. Project Deliverables:

1. Task 1: Preconstruction meeting agenda and minutes

2. Task 1: Electronic Project Files Index

2. Task 2: Logs, including submittal log, testing and special inspections log, issues/potential change order log, contract change order log, and closeout log.

3. Task 2: Weekly meeting agendas and minutes

4. Task 2: Processed submittals

5. Task 2: Weekly statement of working days

6. Task 2: Quantity sheets and progress payment recommendations

7. Task 2: Change orders and supporting memorandums

8. Task 2: Monthly status reports

9. Task 3: Electronic files and physical hard copies of as-built drawings and project files

METHOD OF PAYMENT
Subject to the terms and conditions of this Contract, Contractor shall be paid on a basis set forth herein by the checked boxes below:

Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 ☐ A fixed fee for the work performed
☒ An hourly rate for the work performed based on the following hourly rates:

SCHEDULE
The project duration will be 240 calendar days with construction scheduled to begin in October 2025.
– END OF EXHIBIT A –
Docusign Envelope ID: 35D7638D-67B8-4493-9D4D-25D152B46684 City of San Rafael
Proclamation in Recognition of

SUICIDE PREVENTION AWARENESS MONTH
September 1 – 30, 2025
WHEREAS, September is recognized nationally as Suicide Prevention Awareness Month, a time when mental health professionals, prevention organizations, survivors, allies, and communities unite to change the narrative about suicide in our community by promoting hope, fostering open dialogue, destigmatizing mental health issues, and celebrating the possibility of recovery; and WHEREAS, suicide is a major public health concern that can affect anyone regardless of age, race, gender, sexual orientation, economic status, or background. It has farreaching social, emotional, and economic impacts on individuals, families, and communities; and
WHEREAS, in Marin County, 65 friends, neighbors, and family members died by suicide between 2020 and 2025, with an additional 794 self-harm injuries requiring visits to the Emergency Room during 2020 through 2023, underscoring the ongoing need for local prevention and support efforts; and WHEREAS, suicide remains the second leading cause of death among individuals aged 10 to 34 in the United States, and the 11th leading cause of death overall, with more than 49,000 deaths by suicide reported nationally in 2023, the highest number on record; and
WHEREAS, for every death by suicide, it is estimated that approximately 25 suicide attempts occur, and many more individuals experience suicidal thoughts or ideations. Early recognition of warning signs, reducing stigma, and offering compassionate support can lead to effective interventions and save lives, and allow for healing to begin; and
WHEREAS, Marin County’s September campaign, “Ask. Listen. Connect.” provides the language and tools for everyone to take critical steps to save lives and build a more understanding, connected, and safe community; and
WHEREAS, the City of San Rafael recognizes that suicide prevention requires collective action—through education, early intervention, access to care, and building supportive and connected communities; and reminds all residents and community members that the National Alliance on Mental Illness and the 988 Suicide and Crisis Lifeline (dial 988) works to help individuals in crisis and provide resources for loved ones who want to support individuals.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby proclaim the month of September 2025, as Suicide Prevention Awareness Month in the City of San Rafael, and call upon the community to raise awareness about mental health, promote equity in access to care, support individuals and families affected by suicide and suicidal ideation, and help create a culture of openness, support, and healing throughout our community.

Kate Colin
Mayor
City of San Rafael
Proclamation in Recognition of

HISPANIC HERITAGE MONTH
September 15 – October 15, 2025
WHEREAS, the City of San Rafael proudly celebrates the vibrant contributions, diverse cultures, and rich histories of Hispanic and Latino individuals, families, and communities across the United States—whose ancestral roots trace to Mexico, Puerto Rico, Cuba, the Dominican Republic, Central America, South America, Spain, Africa, and the Caribbean; and WHEREAS, National Hispanic Heritage Month, observed annually from September 15 to October 15, honors the independence anniversaries of several Latin American nations: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua on September 15, Mexico on September 16, and Chile on September 18, culminating in observances such as Día de la Raza on October 12, which recognizes the fusion of Indigenous, African, and European cultures in the Americas; and
WHEREAS, in 2025, the national theme for Hispanic Heritage Month, "Todos Somos, Somos Uno: We Are All, We Are One," underscores the unity, shared identity, and collective strength of Hispanic and Latino communities, while recognizing their intersectional identities, histories, and aspirations; and
WHEREAS, Hispanic and Latino Americans represent over 19% of the population—now exceeding 65 million people—and continue to shape the nation’s culture, economy, innovation, and public service; and
WHEREAS, we recognize the invaluable contributions of Hispanic and Latino residents to the local, regional, and national economies—as workers, entrepreneurs, artists, scientists, educators, public servants, and community leaders who continue to enrich and strengthen our democratic society; and
WHEREAS, the City of San Rafael was named after the Mission San Rafael Arcángel, which was the first organized settlement in both the location of San Rafael and the whole of Marin County; and WHEREAS, in San Rafael, over 30% of the City’s population identifies as Hispanic, Latino, and/or Indigenous, and the City honors the many cultural, economic, and civic contributions of this community and its leaders and the dedicated work of community partners including Canal Alliance, the Hispanic Chamber of Commerce of Marin, Latino Council, Voces del Canal, the Multicultural Center of Marin, and many individuals within our own City workforce, and all of the contributions from Hispanic and Latino residents, citizens, and communities to the economic, cultural, social, and historic fabric of our City; and WHEREAS, Hispanic Heritage Month is a meaningful opportunity to celebrate cultural pride, reflect on generations of perseverance and achievement, and commit to equity, inclusion, and the uplift of all voices in our shared community.

THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael, hereby proclaim September 15 through October 15, 2025, as Hispanic Heritage Month in the City of San Rafael and encourage all residents to deepen their cultural understanding, uplift the legacies and achievements of Hispanic and Latino communities, and join in celebration and solidarity to advance equity, representation, and unity for all.

Kate Colin
Mayor
Agenda Item 6.a
Park Impact Fee and Park Dedication
and In-Lieu Fee Programs
Removed at the request of Staff
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.b
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Don Jeppson, AIA CBO
Chief Building Official
Cory Bytof
Sustainability Program Manager
City Manager Approval: ______________
TOPIC: TRIENNIAL BUILDING CODE ORDINANCE AMENDMENTS
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING TITLE 12 (BUILDING

REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY REPEALING TITLE 12 AND AMENDING TITLE 12 THEREOF; ADOPTING THE 2025

EDITION OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL

CODE, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING

CODE, THE CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA EXISTING

BUILDING CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE

CALIFORNIA ENERGY CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE WITH APPENDICES AND AMENDMENTS HEREIN; ADOPTING THE 2024

EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE INTERNATIONAL POOL AND SPA CODE WITH AMENDMENTS; AMENDING CHAPTER 12.360 SINGLE-FAMILY MODEL REACH CODE – FLEXPATH; HEREIN;

AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE CODE
RECOMMENDATION:

Staff recommend that the City Council introduce the Ordinance, waive further reading, refer to it by title only, and set a public hearing for Monday, September 15, 2025.

BACKGROUND:

The State of California Code of Regulations Title 24 construction codes are typically updated and published on a three-year cycle. The California Building Standards Commission publishes the triennial codes, and State law mandates that these codes become effective throughout California 180 days after the publication date. For this latest cycle, the publication date was July 1, 2025, meaning that the current cycle of State construction codes becomes effective on January 1, 2026. This fosters uniformity in fire prevention, life/safety, and construction standards statewide. Local jurisdictions are permitted to amend the published codes based on and to suit local climatic, geological, or topographical conditions.

The proposed ordinance adopts the latest version of California Title 24 construction codes. Specifically, this includes the 2025 California Building Code, 2025 California Residential Code, the 2025 California SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Mechanical Code, the 2025 California Plumbing Code, the 2025 California Electrical Code, the 2024 International Property Maintenance Code, the 2024 International Pool and Spa Code, the 2025 California Existing Building Code, the 2025 California Green Building Standards Code, and the California Referenced Standard Code with appendices and local amendments. State law mandates that these codes become effective statewide on January 1, 2026, with or without the incorporation of local jurisdiction amendments. Building permit applications filed with the City before January 1, 2026, would be subject to the currently adopted codes and City ordinance.

The purpose of the codes is to establish the minimum requirements to safeguard the public health, safety, and general welfare through requirements for structural strength, means of egress, access to persons with disabilities, sanitation, adequate lighting and ventilation, and energy conservation; and to provide safety to firefighters and emergency responders during emergency operations. Below is a summary of each of these codes:
2025 California Building Code: The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
2025 California Residential Code: The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above-grade in height with a separate means of egress and their accessory structures not more than three stories above the grade plane in height. 2025 California Mechanical Code: The provisions of this code shall apply to the installation, alteration, repair, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning, and refrigeration systems, incinerators, and other energy-related systems. 2025 California Plumbing Code: The provisions of this code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, where connected to a water or sewage system, gas system, and all aspects of medical gas systems.
2025 California Electrical Code: The provisions of this code shall apply to the installation and removal of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways to public and private properties, including yards, lots, parking lots, buildings, structures, mobile homes, recreational vehicles, and floating buildings.
2024 International Property Maintenance Code: The provision of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 2024 International Pool and Spa Code: The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
circulation system and that are intended for swimming, bathing, or wading. The purpose of this code is to establish minimum standards to provide a reasonable level of safety and protection of life, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, and maintenance or use of pools and spas. 2025 California Existing Building Code: The provisions of this code provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety, and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, and relocation of existing buildings. This code shall apply to the repair, alteration, change of occupancy, addition, and relocation of all existing buildings, regardless of occupancy. 2025 California Historical Building Code: The provisions of this code provide regulations for the preservation, restoration, rehabilitation, relocation, or reconstruction of buildings or properties designated as qualified historical buildings or properties. The intent is to facilitate and provide costeffective solutions for the preservation and continuing use of historical buildings or properties, while providing reasonable safety for building occupants and access for persons with disabilities. 2025 California Energy Code: The provisions of this code shall set minimum efficiency requirements for new and renovated buildings, assuring reductions in energy use and emissions over the life of the building.
2025 California Green Building Standards Code: The provisions of this code improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices.
2025 California Referenced Standard Code: The provisions of this code provide construction standards.

Update: A version of this item was originally presented to the City Council on August 18, 2025. Instead of having a second reading at the September 2nd City Council meeting, we must revisit the item because, on the morning after its initial adoption on August 19th, staff were notified by the California Energy Commission (CEC) that they could not approve the ordinance as written. They are supportive of increasing the Target Scores for the FlexPath Reach Code until January 1, 2027, but stated that the January 1, 2029, increase could not be approved at this time since it would have to be an amendment to the 2028 State Code, which is not available yet. The Ordinance amendment under consideration at this September 2nd Council meeting reflects the direction from the CEC, including a new requirement that the State Codes Team develop jurisdiction-specific cost-effectiveness memos and have them referenced in any proposed Ordinances. This memo, specific to San Rafael, is provided as Attachment 2 to this report.

The public hearing on the proposed ordinance will be held at the next regularly scheduled meeting of the City Council on September 15, 2025, a procedure required because the ordinance adopts various adopted State codes by reference, with appropriate local amendments, per Government Code Sections 50022.1 through 50022.10. The City Council last adopted the State codes on November 21, 2022, and the most recent Reach Code on May 20, 2024.

ANALYSIS:

Assembly Bill (AB) 130, adopted in June 2025, prohibits cities from adopting local amendments to the residential code unless certain exceptions are met, including fire safety and home hardening. One of the exceptions allows local amendments if they are “substantially equivalent” to codes in effect September 30, 2025. Another allows local amendments if the amendments are necessary to implement an amendment adopted to align with a general plan adopted or approved on or before June 10, 2025, and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
that permits mixed-fuel residential construction consistent with federal law while also incentivizing allelectric construction as part of an adopted greenhouse gas emissions reduction strategy. Staff believe these exceptions would apply to the City of San Rafael since the City Council adopted the initial FlexPath Reach Code on May 20, 2024, and since San Rafael maintains a qualified greenhouse gas emissions reduction strategy and has conforming policies in the General Plan 2040. These exceptions are reflected in the Findings in Attachment 1.

Many of the proposed local amendments, including Reach Codes, are carried over from previously adopted codes and have been adjusted for reference changes or format changes in the new codes. New amendments include a definition for “kitchen” and increasing the width of stair landings when a fire riser is present. Other amendments pertaining to fire safety, such as the International Pool and Spa Code and the International Property Maintenance Code, are included as well. Previously adopted electric vehicle (EV) amendments have been removed because the State Code has been improved to a similar standard.

An amendment to the Single-Family Model Reach Code – FlexPath is included as well, to proactively amend the target scores upward, which was the intention when the Code was adopted in 2024. Due to AB 130, this amendment allows the City to proceed with the original plan using a future implementation date, while meeting the September 30, 2025, effective date of the exceptions in AB 130. Target scores will increase for each building vintage (year of construction) as shown in Table 12.360 A-1 on page 11 of the Ordinance in Attachment 1. However, further increases for 2029 have not been included in the ordinance due to a recent ruling by the California Energy Commission disallowing code amendments in future triennial code cycles. Should data and feedback from the building community not support these new target scores, they would not need to be implemented at the discretion of the Chief Building Official.

These amendments are all supported by the 2022 Cost-Effectiveness Study: Single Family Building Upgrades and subsequent memos commissioned by the California Statewide Energy Codes and Standards program. These are reflected in the Findings in Attachment 1 and the data in Attachments 2 and 3.

The proposed ordinance adopts the California Green Building Standards and incorporates them into the City’s local building code. This is consistent with the action taken by the Council at the last code adoption hearings in 2013, 2017, 2019, and 2022. Staff may recommend adopting additional non-residential Reach Codes for the City Council in the future.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ENVIRONMENTAL REVIEW:

It has been determined that the proposed ordinance amendments are covered by the ‘general rule’ that the California Environmental Quality Act (CEQA) applies only to projects that have the potential to cause a significant, physical environmental impact. Under CEQA Section 15061(b)(3), the ordinance amendments are not subject to environmental review.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Introduce the Ordinance and set the public hearing for adoption as proposed.

2. Introduce the Ordinance with amendments as directed by the Council at the meeting and set the public hearing for adoption.

3. Postpone the introduction of the Ordinance to allow amendments to be incorporated into the Ordinance. Should the City Council decide to postpone adoption of the Ordinance, the State codes will become effective on January 1, 2026, without the benefit of the recommended local amendments.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
RECOMMENDED ACTION:

Staff recommend that the City Council introduce the Ordinance, waive further reading, refer to it by title only, and set a public hearing for Monday, September 15, 2025.

ATTACHMENT:

1. Draft Ordinance: Title 12, 2025 Building Codes

2. Cost-Effectiveness Results Summary - San Rafael

3. 2022 to 2025 FlexPath Memo
4896-5923-3369 v2 1
ORDINANCE NO. ____
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING TITLE 12 (BUILDING

REGULATIONS) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY REPEALING TITLE 12 AND AMENDING TITLE 12 THEREOF; ADOPTING THE 2025 EDITION

OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE

CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING CODE, THE

CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA EXISTING BUILDING CODE, THE

CALIFORNIA GREEN BUILDING STANDARDS CODE, THE CALIFORNIA ENERGY CODE,

AND THE CALIFORNIA REFERENCED STANDARDS CODE WITH APPENDICES AND AMENDMENTS HEREIN; ADOPTING THE 2024 EDITION OF THE INTERNATIONAL

PROPERTY MAINTENANCE CODE AND THE INTERNATIONAL POOL AND SPA CODE WITH AMENDMENTS; AMEND CHAPTER 12.360 SINGLE-FAMILY MODEL REACH CODE – FLEXPATH; HEREIN AND ADOPTING FINDINGS OF FACT SUPPORTING THE

AMENDMENTS TO THE CODES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. AMENDMENTS TO MUNICIPAL CODE.

Section 12.100.010 of the Municipal Code of the City of San Rafael is amended to repeal and replace the chapter with the following:

12.100.010 Adopted codes. The following recognized codes are hereby adopted by the City of San Rafael together with the supplements, listed changes, additions, and deletions as noted:

1. 2025 Edition, California Building Code (“CBC”), chapters 2 through 28, 30, 31, 32, 33, 35, and Appendices C, G, H, I, N, and O.

2. 2025 Edition, California Electrical Code (“CEC”).

3. 2025 Edition, California Energy Code (“CEgC”).

4. 2025 Edition, California Existing Building Code (“CEBC”), chapters 2 through 16 and Appendices.

5. 2025 Edition, California Green Building Construction Standards Code (“CalGreen”), chapters 1 through 8.

6. 2025 Edition, California Historical Building Code (“CHBC”)

7. 2025 Edition, California Mechanical Code (“CMC”) chapters 2 through 17.

8. 2025 Edition, California Plumbing Code (“CPC”), chapters 2 through 17 and Appendices A, C, D, and I.

9. 2025 Edition, California Referenced Standards Code.

10. 2025 Edition, California Residential Code (“CRC”), chapters 2 through 10, chapter 44, and Appendices BB, BF, BG, BI, BJ, BK, BL, BM, BO, and CI.

11. 2024 International Property Maintenance Code (“IPMC”) chapters 1 through 8 and Appendix A.

12. 2024 Edition, International Swimming Pool and Spa Code (“ISPSC”), chapters 2 through 11.

CHAPTER 12.200 - CALIFORNIA BUILDING CODE AMENDMENTS
Chapter 12.200 of the Municipal Code of the City of San Rafael is hereby repealed in its entirety 4896-5923-3369 v2 2
and replaced with the following:

12.200.010 General. For purposes of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.200.020 Amendments. The 2025 California Building Code is amended or modified as follows:

Amend Section 202 to read as follows:

The definition of “Kitchen” is deleted and added to read as follows:

KITCHEN. An area in which the preparation of food for eating occurs (that has provisions for cooking or heating of food; washing and storing of dishware and utensils; and refrigeration or storing of food).

The definition of “Substantial Remodel” is added to read as follows:

SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which, combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

Amend Section 903.2 is amended to read as follows:
903.2 Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and 903.2.14 through 903.2.21 and in all of the following:

1. Newly constructed buildings or facilities, except detached Group U occupancies not more than one thousand (1,000) square feet in floor area and provided with exterior wall and opening protection as per Table 602 of the California Building Code.

2. Newly created, attached, second dwelling units which meet the definition of a substantial remodel.

3. All other existing buildings, fire sprinkler systems may be required by the fire chief in accordance with the following:

3.1. All buildings where improvements occur during any three (3) year period that cumulatively meet the definition of a substantial remodel.

3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square 4896-5923-3369 v2 3
feet that have more than ten percent (10%) floor area added within any three (3) year period. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.

3.3. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% of the square footage of the existing building.

3.4. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building.

4. All public storage facilities. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official

5. All tunnels used for the transportation of people or any type of vehicle.

The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if otherwise allowed by this code.

Exception [Unchanged.]
Section 903.2.1 through 903.2.17. [Unchanged.]
Amend Section 903.2.18 by deleting the exception.

Section 903.2.19. [Unchanged.]
Amend Section 909.2. by adding the following sentence at the end of the paragraph:

Replacement of an existing smoke alarm that is hardwired and/or interconnected shall be made with an alarm of the same functionality.

Amend Section 1011.6 to read as follows:
1011.6 Stairway Landings. There shall be a floor or landing at the top and bottom of each stairway. The width of landings, measured perpendicularly to the direction of travel, shall be not less than the width of stairways served. Every landing shall have a minimum depth, measured parallel to the direction of travel, equal to the width of the stairway or 48 inches (1219 mm), whichever is less. Every landing with a fire riser or other fire system apparatus shall increase the minimum required depth, measured parallel to the direction of travel, by an additional 8 inches (203 mm). Doors opening onto a landing shall not reduce the landing to less than one-half the required width. When fully open, the door shall not project more than 7 inches (178 mm) into the required width of a landing. Where wheelchair spaces are required on the stairway landing in accordance with Section 1009.6.3, the wheelchair space shall not be located in the required width of the landing and doors shall not swing over the wheelchair spaces. Exceptions [Unchanged.]
Amend Section 1015.2 by adding the following concluding sentence:

Guards are also required at waterfront bulkheads, fixed piers, and gangways. 4896-5923-3369 v2 4
Add Section 1015.8.2 & 1015.8.3 to read as follows:
1015.8.2 Existing Hotels. The provisions of sections 1015.8 shall apply retroactively to all existing hotels.
1015.8.3 Clear area adjacent to hotel window opening. There shall be no furniture, fixed or movable, placed within thirty-six inches (36") of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement.

Amend Section 1505.1 by deleting the last sentence and the referenced Table 1505.1.

Exception [Unchanged]
Amend Section 1505.1.1 to read as follows:
1505.1.1 Roofing requirements within Fire Hazard Severity Zone or in the WildlandUrban Interface (WUI). Roofing requirements for structures located within Fire Hazard Severity Zones or in the Wildland-Urban Interface Fire (WUI) shall be a fire-retardant roof covering that is at least Class A and shall also comply with Section 705A.

Amend Section 1505.1.2 to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure, where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class C A fire classification.

All roof coverings that are not at least Class A shall be a fire-retardant roof covering that is at least Class A by May 31, 2027.

Add Section 1807.4 to read as follows:
1807.4 Wooden retaining walls. Wooden retaining walls may not be used to support any building surcharge or vehicular way. In addition, wooden retaining walls shall not be employed to retain soils above or below a building where failure of the wall may subject the building to damage.

CHAPTER 12.210 - CALIFORNIA ELECTRICAL CODE AMENDMENTS

12.210.010 No amendment. The 2025 California Electrical Code is not amended or modified.

CHAPTER 12.220 - CALIFORNIA ENERGY CODE AMENDMENTS

12.220.010 No amendment. The 2025 California Energy Code is not amended or modified. 4896-5923-3369 v2 5
CHAPTER 12.230 - CALIFORNIA EXISTING BUILDING CODE AMENDMENTS

12.230.010 General. For purposes of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.230.020 Amendments. The 2025 California Existing Building Code is amended or modified as follows:

Add Section 406.2.1 & 406.2.2 to read as follows:
406.2.1 Existing Hotels. The provisions of section 406.2 shall apply retroactively to all existing hotels.
406.2.2 Clear area adjacent to hotel window opening. There shall be no furniture, fixed or movable, placed within thirty-six inches (36”) of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement.

CHAPTER 12.235 - CALIFORNIA GREEN BUILDING CONSTRUCTION STANDARDS CODE

AMENDMENTS

12.235.010 No amendment. The 2025 California Green Building Construction Standards Code is not amended or modified.

CHAPTER 12.240 - CALIFORNIA HISTORICAL BUILDING CODE AMENDMENTS

12.240.010 No amendment. The 2025 California Historical Building Code has not been amended or modified.

CHAPTER 12.245 - CALIFORNIA MECHANICAL CODE AMENDMENTS

12.245.010 No amendment. The 2025 California Mechanical Code is not amended or modified.

CHAPTER 12.250 - CALIFORNIA PLUMBING CODE AMENDMENTS

12.250.010 No amendment. The 2025 California Plumbing Code is not amended or modified.

CHAPTER 12.255 - CALIFORNIA RESIDENTIAL CODE AMENDMENTS

12.255.010 General. For purposes of this Chapter:

Deleted language from the base code has been stricken through. 4896-5923-3369 v2 6
Added language to the base code has been underlined.

12.255.020 Amendments. The 2025 California Residential Code is amended or modified as follows:

Amend Section R202 to read as follows:

The definition of “Kitchen” is deleted and added to read as follows:

The definition of “Substantial Remodel” is added to read as follows:

SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure, which, combined with any additions to the structure, performed within any three (3) year period, affects a floor area that exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

Delete exception to Section R309.1 and amend Section R309.1 to read as follows:

R309.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all newly constructed townhouses and in existing townhouses where alterations and/or additions to the existing structure, performed over any 3-year period, qualify as a "Substantial Remodel" as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portions of the building, irrespective of the size of the addition.

R309.1.1 [Unchanged]
Amend Section R309.2 to read as follows:

R309.2 One-and two-family dwellings automatic fire systems. An Automatic residential fire sprinkler system shall be installed in all newly constructed one-and two-family dwellings and in existing one-and two-family dwellings where alterations and/or additions to the existing structure, performed over any 3-year period, qualify as a "Substantial Remodel" as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portions of the building, irrespective of the size of the addition.

R309.2.1. [Unchanged]
Amend Section R309.3.1.2 by deleting exception #4.

Amend Section R310.7.2 by adding the following:
4896-5923-3369 v2 7
Smoke alarms shall be tested and maintained in accordance with the manufacturer's instructions. Smoke alarms that no longer function shall be replaced. Replacement of an existing smoke alarm that is hardwired and/or interconnected shall be made with an alarm of the same functionality.

Amend Section R902.1.1 to read as follows:

R902.1.3 Roofing requirements with Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) area. Roofing requirements for structures located within Fire Hazard Severity Zones or in a Wildland-Urban Interface (WUI) area shall be a fire-retardant roof covering that is at least Class A and shall also comply with Part 7, California Wildland-Urban Interface Code.

Amend Section R902.1.2 to read as follows:

R902.1.2 Roof coverings in all other areas other than the Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) area. The entire roof covering of every existing structure where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class C A fire classification and shall also comply with Part 7, California Wildland-Urban Interface Code.

All roof coverings that are not at least Class A shall be a fire-retardant roof covering that is at least Class A by May 31, 2027.

CHAPTER 12.260 – INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS

12.260.010 General. For purposes of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.260.020 Amendments. The 2024 International Property Maintenance Code is amended or modified as follows:

Delete Section 101.1, 103, 104, 106, and 107
Amend Section 109.4 to read as follows:
109.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.08.060 of the San Rafael Municipal Code. 109.4.1 and 109.4.2 to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

Delete Section 109.4.1 and 109.4.2.
4896-5923-3369 v2 8
Amend Sections 110.2, 110.3, and 110.4 to read as follows:
110.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
110.3 Closing streets. When necessary for public safety, the code official shall may temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
110.4 Emergency repairs. For the purposes of this section, the code official shall may employ the necessary labor and materials to perform the required work as expeditiously as possible.

Delete Sections 110.5 and 110.6.

Amend Sections 111.2 and 111.3 to read as follows:
111.2 Notices and orders. All notices and orders shall comply with Section 109.4 Chapter

1.46 of the San Rafael Municipal Code.
111.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall may cause the structure to be demolished and removed, either through the forces of the an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Delete Sections 112 and 113.

Amend Section 202 to read as follows:

The definition for “Code Official” is added as follows:

CODE OFFICIAL. Where used in this code, the term code official shall mean the planning manager, code enforcement manager, or the building official of the City of San Rafael, and their designees.

Amend Section 302.4 to read as follows:
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches tall. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens. [Rest of section to remain unchanged.]
Amend Section 304.14 to read as follows:
4896-5923-3369 v2 9
304.14 Insect Screens. During the period from [DATE] to [Date] every Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm),and every screen door used for insect control shall have a self-closing device in good working condition.

Exception [Unchanged.]
Amend Section 308.2.2 to add these words to the end of the sentence:
or securing the doors in an approved manner.

Amend Section 308.3.1 by adding the following:

Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.

Amend Section 308.3.2 by adding the following:

Within all residential districts in the city, no person shall use, locate, or maintain (store) any solid waste can, garbage container, or other waste receptacle within the public right-of-way other than on the day of removal service. Such waste receptacles shall be stored out of public view on non-service dates, whenever practical, or stored nearest the main structure.

Amend Section 602.3 to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions [Unchanged.]
Amend Section 602.4 to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

Exceptions [Unchanged.]
CHAPTER 12.265 – INTERNATIONAL SWIMMING POOL AND SPA CODE AMENDMENTS

12.265.010 General. For the purposes of this Chapter:

Deleted language from the base code has been stricken through.

Added language to the base code has been underlined.

12.265.020 Amendments. The 2024 International Swimming Pool and Spa Code is amended 4896-5923-3369 v2 10
or modified as follows:

Amend Section 202 to add the following definition:

PRIVATE SWIMMING POOL means a swimming pool or pool located at and intended primarily for the use of the occupants of a single or two-family dwelling unit.

Amend Section 301 by adding the following:
301.2 Existing swimming pools. Any person who owns or is in possession of an existing private swimming pool that does not conform to the requirements of this section shall make the pool conform to the requirements of this section within ninety (90) days from its effective date.

Exceptions: The chief building official is hereby authorized to exempt any private swimming pool from the provisions of the Health and Safety Code 115922:

1. If it is secured from unauthorized entry by a natural or artificial barrier that provides the same or a greater degree of protection than would an enclosure.

An application for exception shall be filed in writing with the chief building official. The application shall contain a brief statement evidencing that the applicant is entitled to the exception and such other information as the chief building official may prescribe.

Delete Sections 302 and 305.

Amend Section 305 by adding the following:
305.1 General. Pool barriers and enclosures shall meet the requirements of the California Swimming Pool Safety Act. The text in CBC 3109.2 contains the statutory language that is required to be duplicated and published in the California Code of Regulations, Title 24. As such, the section numbers reflect those within the Health and Safety Code. 305.2 Enclosure required for private swimming pools. Every person who owns or is in possession of any land on which there is situated a private swimming pool shall secure the pool from unauthorized entry by an enclosure that meets all of the requirements of the Health and Safety Code 115923. The enclosure shall be specifically designed to prevent unauthorized entry from adjacent private and/or public property. This enclosure shall be in addition to the "safety features" required by the Health and Safety Code 115922.

Chapter 12.360 of the Municipal Code of the City of San Rafael is amended to read as follows, with additions shown as underlined and deletions shown with strikethrough:

CHAPTER 12.360 – SINGLE-FAMILY MODEL REACH CODE - FLEXPATH

12.360.010 Purpose. The purpose of this chapter is to specify additional energy efficiency and renewable energy measures for additions, alterations and remodels of Covered SingleFamily Projects.

12.360.20 Definitions. For the purpose of this chapter, the following definitions shall apply:
4896-5923-3369 v2 11

1. “Single-Family Building” shall mean any of the following:
a. Residential building of Occupancy Group R-3 or under the California Residential Code with two or fewer dwellings.
b. A townhouse.
c. A building of Occupancy Group R-3.1, or
d. A building of Occupancy Group U when located on a residential site.

2. “Covered Single-Family Project” shall mean the addition, alteration, or remodel of a Single-Family Building originally permitted for construction before 2011 that affects a floor area which exceeds 500 square feet of existing floor area and/or new floor area.

When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings (subfloor and drywall), roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition.

These definitions does not apply to project scopes that are solely limited to any of the following: the replacement and upgrading of residential roof coverings, exterior wall finishes and/or floor finishes; alterations that add no more than 75 square feet of fenestration; alterations that add no more than 16 square feet of skylight area with a maximum U-factor of

0.55 and a maximum SHGC of 0.30; alterations that are limited to providing access for persons with disabilities; or voluntary state seismic retrofit program. A Covered Single-Family Project shall not include a project that is a newly constructed building under the California Energy Code, Title 24, Part 6.

12.360.020 Scope. In addition to all requirements of the California Energy Code applicable to Single Family Building additions and alterations, the provisions of this chapter shall apply to all Covered Single-Family Projects.

12.360.020 Requirements. A Covered Single-Family Project shall install a set of measures based on the building vintage from the Measure Menu in Table 12.360 B, to achieve a total Measure Point Score that is equal to or greater than the Target Score in Table 12.360 A. In addition, all mandatory measures listed in Table 12.360 B shall be installed. The installed measures shall meet the specifications in Table 12.360 C.

Beginning January 1, 2027, or later as determined by the Chief Building Official, Covered Single Family Projects shall install a set of measures based on the building vintage from the Measure Menu in Table 12.360 B, to achieve a total Measure Point Score that is equal to or greater than the Target Score in Table 12.360 A-1. In addition, all mandatory measures listed in Table 12.360 B shall be installed. The installed measures shall meet the specifications in Table 12.360 C.

Building vintage is the year in which (1) a building permit for construction of the structure was submitted, as documented by building department records, or (2) a building permit was issued for an addition or alteration that satisfied the Performance Standards (California Energy Code, Title 24, Part 6, Section 150.1(b)) in effect at time of building permit issuance, whichever is later. Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion. Measures from the Measure Menu table that already exist in the home may be counted towards compliance with these requirements. Measures 4896-5923-3369 v2 12
from the Measure Menu table that are to be installed to satisfy requirements under the California Energy Code, Title 24, Part 6, may not count towards compliance with these requirements. Where these requirements conflict with other California Energy Code requirements, the stricter requirements shall prevail.

Exceptions

1. If the applicant demonstrates that the Energy Budget of the building under the proposed project would be less than or equal to the Energy Budget of the building under the proposed project if it included any set of measures that would achieve compliance under this chapter 12.360. For purposes of this section, “Energy Budget” shall have that meaning set forth in CBC section 100.1(b), as that section may be amended.

2. Mobile Homes, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety Code (commencing with Section 17000 of the Health and Safety Code).

3. Due to conditions specific to the project, if it is technically or economically infeasible to achieve compliance, the Building Official may reduce the Target Score and/or waive some or all of the mandatory requirements.

4. A measure that is necessary for compliance is prohibited because of a covenant or other deed restriction on the property, such as a homeowners’ association covenant.

5. The Building Official may reclassify the vintage of the building based on existing conditions.

6. An applicant who resides in the dwelling unit and qualifies as a low-income utility customer, or is the owner of the dwelling unit which is occupied by a dependent who qualifies as a low-income utility customer, may comply by either a) installing the duct sealing measure, the lighting measure and water heating package, or b) installing at least 1 kW of solar PV that meets the requirements of 2022 Title 24 Reference Appendix JA11. A low-income utility customer is anyone who is eligible for the California Alternative Rates for Energy (CARE) or Family Electric Rate Assistance Program (FERA) program. A Covered Single-Family Project that consists solely of medically necessary improvements or solely of seismic safety improvements.

7. Nothing in this ordinance shall be construed to prohibit any one appliance covered by the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6292(a)). Should an applicant establish that this ordinance, as applied, prohibits a covered appliance in the applicant’s project, the Building Official shall waive that portion of the ordinance causing such prohibition.

Table 12.360 A
Target Scores, Climate Zone 2
Building Vintage Pre-1978 1978-1991 1992-2010
Target Score 12 8 40*
4896-5923-3369 v2 13
*Note: 1992-2010 Building Vintages are only required to complete the Mandatory Lighting Measure if not already complete.

Table 12.360 A-1
Target Scores, Climate Zone 2
(effective January 1, 2027)
Building Vintage Pre-1978 1978-1991 1992-2010
Target Score 16 9 60*
*Note: 1992-2010 Building Vintages are only required to complete the Mandatory Lighting Measure if not already complete.

Table 12.360 B
Measure Menu, Climate Zone 2
ID Measure
Building Vintage
Pre-1978 1978-1991 1992-2010
E1 Lighting Measures Mandatory
E2 Water Heating Package 1 1 1
E3 Air Sealing 2 2 1
E4 Attic Insulation (R-38) 6 2 1
E5 Duct Sealing 6 4 1
E6 New Ducts + Duct Sealing 9 6 2
E7 Windows 5 3 3
E8 Wall Insulation (R-1315) 7 -- --
E10 Raised floor insulation (R-19)/(R-30) 8/10 8/9 --
FS1 Heat Pump Water Heater Replacing Gas 12 12 12
FS2 High Eff. Heat Pump Water Heater Replacing
Gas 14 14 14
FS3 Heat Pump Water Heater Replacing Electric 4 4 4
FS4 High Eff. Heat Pump Water Heater Replacing
Electric 6 6 6
FS5 Heat Pump Space Heater 23 18 15
FS6 High Eff. Heat Pump Space Heater 25 19 17
FS7 Dual Fuel Heat Pump Space Heater 20 15 14
FS8 Heat Pump Clothes Dryer 2 2 2
FS9 Induction Cooktop 1 1 1
PV Solar PV 16 15 13
The measures in the Measure Menu shall conform to the specifications in Table 12.360C.

Table 12.360 C
4896-5923-3369 v2 14
Measure Specifications
ID Energy Measure Specification
Energy Measures
E1 Mandatory - Lighting Measures – Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install photocell controls on all exterior lighting luminaires. Install lighting with an efficiency of 45 lumens per watt or greater in all interior and exterior screw-in fixtures. Install photocell, occupancy sensor, or energy management system controls that meet the requirements of 150.0(k)3 in all outdoor lighting permanently mounted to a residential building or to other buildings on the same lot.

E2 Water Heating Package: Insulate all accessible hot water pipes with pipe insulation a minimum of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawl spaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.

Exception: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than the 2022 2025 California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.

E3 Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weatherstrip doors if not already present. Verification shall be conducted following a prescriptive checklist that outlines which building aspects need to be addressed by the permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing conducted by a certified HERS ECC Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten for Pre-1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for 1992-2010 vintage buildings. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a certified ECC Rater or a professional certified by the Building Performance Institute, in accordance with the BPI Technical Standards for the Building Analyst Professional. professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.

E4 R-38 Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.025 or insulation installed at the ceiling level shall have a thermal resistance of R-38 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling.

Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.

Exception: In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.

E5 Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of the 2025 Title 24, Part 6, Section California Energy Code 150.2(b)1E. The duct system 4896-5923-3369 v2 15
must be tested by a HERS ECC Rater no more than three years prior to the Covered Single Family Project permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table.

Exception: Buildings without ductwork or where the ducts are in conditioned space.

E6 New Ducts, R-6 insulation + Duct Sealing: Replace existing space conditioning ductwork with new R-6 ducts that meet the requirements of 2022 2025 Title 24 Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Single Family Project permit application date.

E7 Windows: Replace at least 50% of existing windows with high-performance windows with an area-weighted average U-factor no greater than 0.3027.

E8 R-13 15 Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 0.095 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-1315 or greater for the insulation alone.

E9 Reserved for future use
E10 R-19 / R-30 Floor Insulation: Raised-floors shall be insulated such that the floor assembly has an assembly U-factor equal to or less than U-0.037 / U-0.0340.028 or shall be insulated between wood framing with insulation having an R-value equal to or greater than R-19 / R-30.

Fuel Substitution Measures
FS1 Heat Pump Water Heater (HPWH) Replacing Gas: Replace the existing natural gas water heater with a heat pump water heater that meets the requirements of Sections 110.3 and 150.2(b)1.H.iii.b.

FS2 High Efficiency Heat Pump Water Heater (HPWH) Replacing Gas: Replace the existing natural gas water heater with a heat pump water heater with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating that also meets the requirements of Sections 110.3 and 150.2(b)1.H.iii.c.

FS3 Heat Pump Water Heater (HPWH) Replacing Electric: Replace the existing electric resistance water heater with a heat pump water heater that meets the requirements of Sections 110.3 and 150.2(b)1.H.iii.b.

FS4 High Efficiency Heat Pump Water Heater (HPWH) Replacing Electric: Replace the existing electric resistance water heater with a heat pump water heater with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.

FS5 Heat Pump Space Heater: Replace all existing gas and electric resistance primary space heating systems with an electric-only heat pump system that also meets the requirements of Sections 110.3 and 150.2(b)1.H.iii.c.

FS6 High Efficiency Heat Pump Space Conditioning SystemHeater: Replace all existing gas and electric resistance primary space heating systems with an electric-only heat pump system that meets the requirements of Sections 110.3 and 150.2(b)1.C, 150.2(b)1.E, 150.2(b)1.F, and 150.2(b)1.G and one of the following:

A. A ducted electric-only heat pump system with a SEER2 rating of 16.5 or greater, an EER2 rating of 12.48 or greater and an HSPF2 rating of 9.5 or greater; or
B. A ductless mini-split heat pump system with a SEER2 rating of 14.3 or greater, an EER2 rating of 11.7 or greater and an HSPF2 rating of 7.5 or greater FS7 Dual Fuel Heat Pump Space Heater: Either
4896-5923-3369 v2 16
A. Replaces all existing gas and electric resistance primary heating systems with a hybrid gas and electric heat pump system, or
B. Install an electric-heat pump system in tandem with a gas furnace and install controls to operate the heat pump to use the existing gas furnace for backup heat only.

FS8 Heat Pump Clothes Dryer: Replace the existing electric resistance clothes dryer with a heat pump dryer with no resistance element and cap the gas line.

FS9 Induction Cooktop: Replace all existing gas and electric resistance stove tops with an inductive induction stove top and cap the gas line.

Solar PV and Electric-Readiness Measures
PV Solar PV + Electric Ready Pre-Wire: Install a solar PV system that meets the requirements of California Energy Code Section 150.1(c)14. In addition, upgrade the panelboard to meet the requirements of Item ER1 in this Table and install any one other measures from Item ER2. Solar PV + Electric Ready Pre-Wire: Install a solar PV system that meets the requirements of California Energy Code Section 150.1(c)14. In addition, for existing PV systems that had been installed prior to the application date of the current project, install any one measure from the list below.

A. Heat Pump Water Heater Ready, as specified in California Energy Code Section 150.0(n)1.

B. Heat Pump Space Heater Ready, as specified in California Energy Code Section 150.0(t).

C. Electric Cooktop Ready, as specified in California Energy Code Section 150.0(u).

D. Electric Clothes Dryer Ready, as specified in California Energy Code Section 150.0(v).

E. Energy Storage Systems (ESS) Ready, as specified in California Energy Code Section 150.0(s).

F. EV Charger Ready. Install a dedicated 208/240-volt branch circuit as specified in the California Green Building Code, Title 24, Part 11, Section A4.106.8.1, which otherwise applies to new construction.

DIVISION 2 FINDINGS.

California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow the City, by ordinance, to make modifications or changes to building standards within the California Building Standards Code in Title 24 of the California Code of Regulations and other regulations adopted pursuant to Health and Safety Code Section 17922.

The Health and Safety Code requires such changes to be determined to be reasonably necessary because of local climatic, geologic, or topographic conditions.

The Health and Safety Code requires that the City, before making any modifications or changes, make an express finding that each such modification or change is needed.

The Health and Safety Code requires such findings to be made available as a public record and a copy of such findings to be filed with the California Building Standards Commission. 4896-5923-3369 v2 17
Staff has recommended that changes and modifications be made to the California Building Standards Code in Title 24 of the California Code of Regulations as reasonably necessary due to the unique local climatic, geologic, or topographic conditions in the City of San Rafael.

The City Council finds that certain local climatic, geologic, or topographic conditions exist as follows:

A. The City of San Rafael has within its borders and along its boundaries significant areas of grass, brush, and heavily forested lands. These hazardous conditions present an exceptional and continuing fire danger to the residents of the community due to the difficulty of the terrain and topography of the area, much of it consisting of boxed canyons with steep, brush-covered slopes; narrow winding streets used by residents of the area and the Fire Department for ingress and egress, steep hills which hinder Fire Department response time; older and inadequate water systems in certain areas of the community; and the location of buildings and structures with relation to these dangerous areas. (Topography) B. A great number of structures located within the City of San Rafael were built in the late 1800s and early 1900s, thus lacking the built-in protection of modern construction. Many of the residential structures had been built on steep slopes with boxed canyons, and a large percentage are located in areas of heavy natural growth. Many structures (new and old) are constructed of highly combustible material, which offers little resistance to fire and could contribute to the spread of fire. (Topography)
C. Many of the City’s street and pathway system was laid out in the late 1800s and early 1900s. Many of the City’s streets have less than 20 feet of unobstructed width and turning radius. Roadways with less than 20 feet of unobstructed paved surface are considered hazardous in terms of fire access and protection. In the event that the Fire Department is called to respond to a fire emergency in any of these areas, its response time to an emergency is increased by these topographic conditions. (Topography)
D. The desire of the community to preserve natural vegetation and open space has resulted in the encroachment of brush and grass on fire roads, trails, breaks, and streets within the City, thus rendering such separations ineffective against the spread of fires. Natural growth, which is highly flammable during the summer and fall months, encroaches upon many properties, thus posing a potential fire threat to many structures and creating a substantial hindrance to the control of such fires. (Climate, Topography)
E. The City’s precipitation ranges from 15 to 42 inches per year, with an average of approximately 31 inches per year. Approximately 90% of the precipitation falls during the months of October through April, and 10% from May through September. Times of little or no rainfall, of low humidity, and high temperatures create extremely hazardous fire conditions. (Climate)
F. The City’s natural topographic and geological features create an increased risk from flooding, hillside runoff, and landslides due to a combination of factors, 4896-5923-3369 v2 18
including periodic heavy winter rainfalls, soil conditions, proximity to San Francisco Bay, and other related factors. Low-lying areas can also be subject to tidal fluctuations and liquefaction following an earthquake. (Topography, Geology) G. Seismically, the City sits between two active earthquake faults (San Andreas and Hayward) and numerous potentially active faults. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself.

Should a significant seismic event occur, public safety resources would have to be prioritized to mitigate the greatest threat and may not be available for every structural fire. In such events, individual structures should be equipped to help in mitigating the risk of damage. (Geology)
H. Many areas of the City, including some highly developed industrial and commercial areas, are located on bay alluvial soils which are subject to liquefaction in the event of an earthquake. (Topography, Geology)
I. The United Nations Intergovernmental Panel on Climate Change (IPCC) has warned that failure to address the causes of global climate change within the next few years will result in significant sea level increases and frequency of wildland fires, and reduced freshwater resources, which will significantly increase the cost of providing local governmental services and protecting public infrastructure. (Climate)
J. Sea levels could rise from as little as 2 to 3 feet if emissions trend downward, to as much as 8.5 to 35 feet by the end of the century if emissions continue to rise in a “business as usual” scenario. Sea level rise will expand the areas subject to flooding and will directly impact low-lying areas of San Rafael. (Climate, Topography)
Pursuant to Health and Safety Code Section 17958, 17958.5, and 17958.7, the San Rafael City Council hereby expressly finds that the local amendments to the building standards within the California Building Standards Code in Title 24 of the California Code of Regulations are necessary for the protection of public health, safety, and welfare, due to the following local climatic, geologic, or topographical conditions:

Code Sections Findings
CBC 202
903.2
909.2
1011.6
1015.2
1015.8.2
1015,8,3
1505.1.1
1505.1.2
1807.4
3110

A, B, C, D, E, G, H, J, K

A, B, C, D, E, F, H, J

A, B, C, D, E, F, H, J
H
H
H

A, B, C, D, E, F, H, J

A, B, C, D, E, G, H, J, K

A, B, C, D, E, F, H, J
CBC
Appendices
C
G
H

A, B, C, D, E, F, H, J

G, H, I, J
H
4896-5923-3369 v2 19
I
N
O

A, B, C, D, E, F, H, J
J, K
J, K
CEBC 505.2.1
505.2.2
H
H
CPC
Appendices
A
C
D
I

F, J, K

F, J, K
CRC R202
R309.1
R309.2
R309.3.1.2
R310.7.2
R902.1.1
R902.1.2

A, B, C, D, E, G, H, J, K

A, B, C, D, E, F, H, J

A, B, C, D, E, F, H, J
CRC
Appendices
BB
BF
BG
BI
BJ
BK
BL
BM
BO
CI

A, B, C, D, E, F, H, J

A, B, C, D, E, F, H, J
In addition, the City Council finds that:

1. The 2025 California Building Standards Code is scheduled to take effect statewide on January 1, 2026.

2. Cities are empowered to adopt local amendments to the code before the effective date of the new code so that the adopted amendments may be implemented concurrently with the state Code.

3. This ordinance is in effect as of September 30, 2025, and will be implemented with the state Code on January 1, 2026.

4. Changes to the Building and Energy Codes, including Reach Codes, are substantially equivalent to those previously filed and in effect as of September 30, 2025.

5. Changes to the Building and Energy Codes, including Reach Codes are necessary to implement a local code amendment adopted to align with the City of San Rafael’s General Plan 2040, approved before June 10, 2025, and permits mixed-fuel residential construction consistent with Federal law, while also incentivizing all-electric construction as part of the City’s Greenhouse Gas Reduction Strategy.

6. Changes to the Building and Energy Codes, including Reach Codes, have been determined at a regular Council meeting to be cost-effective and will require buildings to be designed to consume less energy than permitted by the California Energy Code as demonstrated by the 2022 Cost-Effectiveness Study: Single Family Building Upgrades and subsequent Memos commissioned by the California Statewide Energy Codes and Standards Program, including Cost-Effectiveness Explorer Evidence City-of-San-Rafael. 4896-5923-3369 v2 20
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061(b)(3), since it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. (14 Cal. Code Regs.

Section 15061(b)(3), ‘general rule’ provision).

DIVISION 4 SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance.

The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases shall be declared invalid.

DIVISION 5. EFFECTIVE DATE OF ORDINANCE.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be operative and implemented on January 1, 2026, to coincide with the effective date of the 2025 California Building Standards Code statewide. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against the same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 18th day of August 2025, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of September 2025 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
Cost-Effectiveness Results Summary
City of San Rafael
Climate Zone 2
Generated August 20, 2025 by the Cost-Effectiveness Explorer https://explorer.localenergycodes.com/policies/4876/documents?per_component_name=PolicyExistingBuildingsWithFlexiblePathRequirements&per_climate_zone_raw=2-MCE&per_c LEGAL NOTICE: This tool was prepared by Pacific Gas and Electric Company and funded by the California utility customers under the auspices of the California Public Utilities Commission. Copyright 2025, Pacific Gas and Electric Company. All rights reserved, except that information from this tool may be used, copied, and distributed without modification. Neither PG&E nor any of its employees makes any warranty, express or implied; or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information, method, product, policy or process disclosed in this tool; or represents that its use will not infringe any privately-owned rights including, but not limited to, patents, trademarks or copyrights.

Cost-Effectiveness Results Summary
City of San Rafael
Generated August 20, 2025 by the Cost-Effectiveness Explorer Cost-Effectiveness Evidence Single Family | Climate Zone 2
Pre-1978 | Existing Single Family Building Upgrades ¹ | Release Date: May 23, 2024 Maximum Cost-Effective Target Score Calculation
Cost-Effective Measures and Packages Energy
Savings
site MMBtu/year
Flexible
Score
R-30 Raised Floor Insulation 9.03 9
New Ducts, R-8 Insulation + Duct Sealing 8.48 8
R-13 Wall Insulation 6.29 6
R-49 Attic insulation 5.81 6
(On-Bill (2025))

29.61 Maximum Cost-Effective Score
The maximum cost-effective score is the highest flexible score that can be met cost-effectively, based on the energy savings of measures for your policy. Any required flexible score that falls below or is equal to this maximum score has a cost-effective pathway available to permit applicants.

Cost-Effectiveness Results Summary
City of San Rafael
Generated August 20, 2025 by the Cost-Effectiveness Explorer Cost-Effectiveness Evidence Single Family | Climate Zone 2
1978-1991 | Existing Single Family Building Upgrades ¹ | Release Date: May 23, 2024 Maximum Cost-Effective Target Score Calculation
Cost-Effective Measures and Packages Energy
Savings
site MMBtu/year
Flexible
Score
R-30 Raised Floor Insulation 8.80 9
New Ducts, R-8 Insulation + Duct Sealing 5.93 6
R-49 Attic insulation 2.45 2
(On-Bill (2025))

17.18 Maximum Cost-Effective Score
The maximum cost-effective score is the highest flexible score that can be met cost-effectively, based on the energy savings of measures for your policy. Any required flexible score that falls below or is equal to this maximum score has a cost-effective pathway available to permit applicants.

Sources
1 Existing Single Family Building Upgrades (May 23, 2024) https://localenergycodes.com/download/1222/file_path/fieldList/Single%20Family%20Retrofits%20CostEff%20Report.pdf Generated August 20, 2025 by the Cost-Effectiveness Explorer https://explorer.localenergycodes.com/policies/4876/documents?per_component_name=PolicyExistingBuildingsWithFlexiblePathRequirements&per_climate_zone_raw=2-MCE&per_c LEGAL NOTICE: This tool was prepared by Pacific Gas and Electric Company and funded by the California utility customers under the auspices of the California Public Utilities Commission. Copyright 2025, Pacific Gas and Electric Company. All rights reserved, except that information from this tool may be used, copied, and distributed without modification. Neither PG&E nor any of its employees makes any warranty, express or implied; or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information, method, product, policy or process disclosed in this tool; or represents that its use will not infringe any privately-owned rights including, but not limited to, patents, trademarks or copyrights.

Application of the 2022
Studies to the 2025
Energy Code:

Existing Single Family
Building Upgrades
Prepared by:

Frontier Energy, Inc
Misti Bruceri & Associates, LLC
Prepared for:

Kelly Cunningham, Codes and
Standards Program, Pacific Gas
and Electric
Revision: 1.0
Last modified: 2025/08/15
2025 Energy Code: Existing Single Family Building Upgrades 1 2025/08/15
Table 1 Summary of Revisions
Date Description Reference (page or section)
8/15/2025 Original Release N/A
Legal Notice
This report was prepared by
Pacific Gas and Electric Company
and funded by the California utility
customers under the auspices of
the California Public Utilities
Commission.

Neither PG&E nor any of its
employees makes any warranty,
express or implied; or assumes
any legal liability or responsibility
for the accuracy, completeness or
usefulness of any data,
information, method, product,
policy or process disclosed in this
document; or represents that its
use will not infringe any privatelyowned rights including, but not limited to, patents, trademarks or
copyrights.
2025 Energy Code: Existing Single Family Building Upgrades 2 2025/08/15
Acronym List
B/C – Lifecycle Benefit-to-Cost
Ratio
CASE – Codes and Standards
Enhancement
CFL – Compact Fluorescent
Lamps
CPAU – City of Palo Alto Utilities
CPUC – California Public Utilities
Commission
CZ – California Climate Zone
kWh – Kilowatt Hour
NPV – Net Present Value
PG&E – Pacific Gas and Electric
Company
PV – Photovoltaic
SCE – Southern California
Edison
SDG&E – San Diego Gas and
Electric
SMUD – Sacramento Municipal
Utility District
SoCalGas – Southern California
Gas Company
Therm – Unit for quantity of heat
that equals 100,000 British
thermal units
2025 Energy Code: Existing Single Family Building Upgrades 1 2025/08/15
Table of Contents
1 Summary ......................................................................................................................2 2 Air Sealing at the Ceiling.............................................................................................4 3 Lighting Measures .....................................................................................................10 4 Water Heating Package..............................................................................................14 5 PV................................................................................................................................15 6 References .................................................................................................................22 List of Tables
Table 1 Summary of Revisions............................................................................................. 1 Table 2. [Pre-1978] Air Sealing at the Ceiling (Std)............................................................... 4 Table 3. [1978-1991] Air Sealing at the Ceiling (Std) ............................................................ 5 Table 4. [1992-2010] Air Sealing at the Ceiling (Std) ............................................................ 6 Table 5. [Pre-1978] Air Sealing at the Ceiling (CARE) .......................................................... 7 Table 6. [1978-1991] Air Sealing at the Ceiling (CARE)........................................................ 8 Table 7. [1991-2010] Air Sealing at the Ceiling (CARE)........................................................ 9 Table 8. [All Vintages] LED Lamp vs. CFL...........................................................................11 Table 9. [All Vintages] Exterior Photosensor........................................................................12 Table 10. [All Vintages] LED and Photosensor ....................................................................13 Table 11. [All Vintages] Water Heating Package..................................................................14 Table 12. [Pre-1978] 3 kW PV without Solar Tax Credit (Std) ..............................................16 Table 13. [1978-1991] 3 kW PV without Solar Tax Credit (Std)...........................................17 Table 14. [1992-2010] 3 kW PV without Solar Tax Credit (Std)............................................18 Table 15. [Pre-1978] 3 kW PV without Solar Tax Credit (CARE)..........................................19 Table 16. [1978-1991] 3 kW PV without Solar Tax Credit (CARE) .......................................20 Table 17. [1992-2010] 3 kW PV without Solar Tax Credit (CARE) .......................................21 List of Figures
No table of figures entries found.
2025 Energy Code: Existing Single Family Building Upgrades 2 2025/08/15
1 Summary
The California Codes and Standards (C&S) Reach Codes program provides technical support to local governments considering adopting a local ordinance (reach code) intended to support meeting local and/or statewide energy efficiency and greenhouse gas reduction goals. The program facilitates adoption and implementation of the code when requested by local jurisdictions by providing resources such as cost-effectiveness studies, model language, sample findings, and other supporting documentation.

In April 2024, the Statewide Reach Codes Team published the 2022 Cost-Effectiveness Study: Existing Single Family Building Upgrades. This study focuses on existing single family buildings identifying cost-effective measures and measure package upgrades in all 16 California climate zones. The study was conducted to complement Part 6 of the California Building Code (the Energy Code) for the 2022 code cycle, effective January 1, 2023. In the 2019 code cycle the 2019 Cost-Effectiveness Study: Existing Single Family Residential Building Upgrades study included outdoor lighting and a water heater package that was discontinued in the 2022 study but has been brought back in this memo by request from jurisdictions. The studies document the estimated costs, benefits, energy impacts and greenhouse gas emission reductions that may result from implementing an ordinance to help local leadership, residents, and other stakeholders make informed policy decisions.

The Statewide Reach Codes Team reviewed the cost-effectiveness study for impacts of code changes implemented in the 2025 Energy Code. Measures that are now required by code may alter the results presented in the 2022 study. Below is a summary of the changes to the additions and alterations for residential buildings sections of the 2025 Energy Code. • Mandatory wall insulation R-value has been increased from R-13 to R-15. [Section 150.2(a) of the Energy Code]
• Prescriptive window U-factor has decreased from 0.30 to 0.27 in Climate Zones 1-5, 11-14, and 16. [Section 150.2(b)1B of the Energy Code]
The wall insulation measure has been re-evaluated with R-15 instead of R-13. There is generally a slight increase in utility cost savings as expected with the increase in efficiency.

However, there is not a substantial impact on the cost-effectiveness results.

For the prescriptive window U-factor, the original study modeled U-0.28 in all climate zones.

This updated memo drops the U-factor from 0.28 to 0.27 in all climate zones. The SHGC is maintained at 0.23 for climate zone 2, 4, and 6-15 and 0.35 for CZ 1, 3, 5, 16. There is minimal impact on the cost-effectiveness results due to this update. However, there are two instances in the 1978-1991 vintage where cost-effectiveness flips from cost-effective to not cost-effective. Climate zone 4 in PGE territory utilizing standard rates and the modest gas escalation is no longer cost-effective on-bill by the smallest margin. Climate zone 10 in SDGE territory utilizing CARE rates and the modest gas escalation has also become no longer cost-effective on-bill.
2025 Energy Code: Existing Single Family Building Upgrades 3 2025/08/15
The 2022 study included a whole building air sealing measure defined as a 30% reduction in air leakage. A new measure – air sealing of the ceiling floor, representing a 14% reduction in air leakage – is added in this memo. Further details and cost-effectiveness results are provided in Section 2.

Lighting measures were previously presented in the 2019 Cost-Effectiveness Study: Existing Single Family Residential Building Upgrades study but were not analyzed in the 2022 study.

Updated cost-effectiveness analysis for this measure is presented in Section 3.

The water heating package measure was previously presented in 2019 Cost-Effectiveness Study: Existing Single Family Residential Building Upgrades study. Updated costeffectiveness analysis for this measure is presented in Section 4.

The 3 kW PV measure from the 2022 study is revised here with an updated costeffectiveness analysis that accounts for the elimination of the Federal Solar tax credit December 31, 2025. Additional details and analysis are provided in Section 5.

The 2022 report, model ordinance language and other resources are posted on the C&S Reach Codes Program website at LocalEnergyCodes.com. Local jurisdictions that are considering adopting an ordinance may contact the program for further technical support at [email protected].
2025 Energy Code: Existing Single Family Building Upgrades 4 2025/08/15
2 Air Sealing at the Ceiling
Unlike full air sealing, which has previously been presented, air sealing of the ceiling floor may be an attractive measure for an attic remodel project. The whole building air sealing measure estimated a 30% reduction in air leakage, while air sealing at the ceiling measure results in a 14% reduction in air leakage.

Table 2 through Table 7 present the cost-effectiveness results for the air sealing at the ceiling plane measure. The estimated incremental cost for air sealing at the ceiling plane is $1,963 which is from the 2022 Residential Additions and Alterations CASE Report (Statewide CASE Team, 2020).

Table 2. [Pre-1978] Air Sealing at the Ceiling (Std)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $33 ($465) ($997) ($432)
CZ02 PGE $1,963 $18 ($1,114) ($1,433) ($1,118)
CZ03 PGE $1,963 $17 ($1,180) ($1,463) ($1,171)
CZ04 PGE $1,963 $25 ($1,081) ($1,290) ($979)
CZ04 CPAU $1,963 $21 ($1,081) ($1,379) ($1,069)
CZ05 PGE $1,963 $16 ($1,230) ($1,500) ($1,235)
CZ05 PGE/SCG $1,963 $14 ($1,230) ($1,555) ($1,325)
CZ06 SCE/SCG $1,963 ($2) ($1,797) ($1,987) ($1,937)
CZ07 SDGE $1,963 ($3) ($1,813) ($2,008) ($1,934)
CZ08 SCE/SCG $1,963 $7 ($1,680) ($1,775) ($1,703)
CZ09 SCE/SCG $1,963 $10 ($1,597) ($1,693) ($1,592)
CZ10 SCE/SCG $1,963 $17 ($1,497) ($1,540) ($1,420)
CZ10 SDGE $1,963 $23 ($1,497) ($1,366) ($1,237)
CZ11 PGE $1,963 $32 ($1,014) ($1,120) ($816)
CZ12 PGE $1,963 $22 ($1,147) ($1,348) ($1,064)
CZ12 SMUD/PGE $1,963 $17 ($1,147) ($1,468) ($1,190)
CZ13 PGE $1,963 $31 ($1,114) ($1,162) ($918)
CZ14 SCE/SCG $1,963 $32 ($897) ($1,130) ($832)
CZ14 SDGE $1,963 $42 ($897) ($845) ($519)
CZ15 SCE/SCG $1,963 $40 ($1,297) ($1,041) ($946)
CZ16 PGE $1,963 $30 ($581) ($1,071) ($551)
2025 Energy Code: Existing Single Family Building Upgrades 5 2025/08/15
Table 3. [1978-1991] Air Sealing at the Ceiling (Std)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $23 ($931) ($1,292) ($903)
CZ02 PGE $1,963 $13 ($1,364) ($1,570) ($1,341)
CZ03 PGE $1,963 $10 ($1,480) ($1,668) ($1,496)
CZ04 PGE $1,963 $16 ($1,330) ($1,522) ($1,292)
CZ04 CPAU $1,963 $13 ($1,330) ($1,575) ($1,356)
CZ05 PGE $1,963 $11 ($1,447) ($1,649) ($1,466)
CZ05 PGE/SCG $1,963 $10 ($1,447) ($1,684) ($1,522)
CZ06 SCE/SCG $1,963 ($1) ($1,830) ($1,967) ($1,934)
CZ07 SDGE $1,963 ($4) ($1,896) ($2,040) ($1,991)
CZ08 SCE/SCG $1,963 $4 ($1,797) ($1,860) ($1,813)
CZ09 SCE/SCG $1,963 $5 ($1,747) ($1,823) ($1,764)
CZ10 SCE/SCG $1,963 $10 ($1,663) ($1,722) ($1,652)
CZ10 SDGE $1,963 $14 ($1,663) ($1,603) ($1,517)
CZ11 PGE $1,963 $25 ($1,264) ($1,320) ($1,096)
CZ12 PGE $1,963 $16 ($1,380) ($1,520) ($1,314)
CZ12 SMUD/PGE $1,963 $12 ($1,380) ($1,604) ($1,402)
CZ13 PGE $1,963 $23 ($1,364) ($1,373) ($1,199)
CZ14 SCE/SCG $1,963 $22 ($1,230) ($1,397) ($1,182)
CZ14 SDGE $1,963 $28 ($1,230) ($1,212) ($974)
CZ15 SCE/SCG $1,963 $32 ($1,463) ($1,225) ($1,154)
CZ16 PGE $1,963 $21 ($1,014) ($1,357) ($1,001)
2025 Energy Code: Existing Single Family Building Upgrades 6 2025/08/15
Table 4. [1992-2010] Air Sealing at the Ceiling (Std)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $14 ($1,314) ($1,550) ($1,309)
CZ02 PGE $1,963 $9 ($1,530) ($1,687) ($1,529)
CZ03 PGE $1,963 $7 ($1,613) ($1,744) ($1,618)
CZ04 PGE $1,963 $11 ($1,530) ($1,653) ($1,501)
CZ04 CPAU $1,963 $9 ($1,530) ($1,701) ($1,557)
CZ05 PGE $1,963 $7 ($1,613) ($1,759) ($1,637)
CZ05 PGE/SCG $1,963 $6 ($1,613) ($1,788) ($1,686)
CZ06 SCE/SCG $1,963 $1 ($1,863) ($1,936) ($1,911)
CZ07 SDGE $1,963 $0 ($1,896) ($1,944) ($1,911)
CZ08 SCE/SCG $1,963 $3 ($1,830) ($1,885) ($1,851)
CZ09 SCE/SCG $1,963 $3 ($1,780) ($1,892) ($1,853)
CZ10 SCE/SCG $1,963 $6 ($1,763) ($1,814) ($1,767)
CZ10 SDGE $1,963 $8 ($1,763) ($1,741) ($1,681)
CZ11 PGE $1,963 $14 ($1,530) ($1,581) ($1,437)
CZ12 PGE $1,963 $10 ($1,580) ($1,693) ($1,560)
CZ12 SMUD/PGE $1,963 $8 ($1,580) ($1,737) ($1,606)
CZ13 PGE $1,963 $12 ($1,580) ($1,643) ($1,531)
CZ14 SCE/SCG $1,963 $12 ($1,530) ($1,639) ($1,503)
CZ14 SDGE $1,963 $16 ($1,530) ($1,537) ($1,382)
CZ15 SCE/SCG $1,963 $17 ($1,680) ($1,572) ($1,532)
CZ16 PGE $1,963 $14 ($1,314) ($1,556) ($1,314)
2025 Energy Code: Existing Single Family Building Upgrades 7 2025/08/15
Table 5. [Pre-1978] Air Sealing at the Ceiling (CARE)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $26 ($465) ($1,212) ($766)
CZ02 PGE $1,963 $14 ($1,114) ($1,550) ($1,302)
CZ03 PGE $1,963 $13 ($1,180) ($1,574) ($1,343)
CZ04 PGE $1,963 $18 ($1,081) ($1,459) ($1,216)
CZ04 CPAU $1,963 $0 ($1,081) ($1,963) ($1,963)
CZ05 PGE $1,963 $12 ($1,230) ($1,604) ($1,395)
CZ05 PGE/SCG $1,963 $11 ($1,230) ($1,648) ($1,467)
CZ06 SCE/SCG $1,963 ($1) ($1,797) ($1,969) ($1,928)
CZ07 SDGE $1,963 ($1) ($1,813) ($1,976) ($1,918)
CZ08 SCE/SCG $1,963 $5 ($1,680) ($1,824) ($1,768)
CZ09 SCE/SCG $1,963 $8 ($1,597) ($1,764) ($1,686)
CZ10 SCE/SCG $1,963 $12 ($1,497) ($1,659) ($1,566)
CZ10 SDGE $1,963 $16 ($1,497) ($1,546) ($1,443)
CZ11 PGE $1,963 $23 ($1,014) ($1,353) ($1,116)
CZ12 PGE $1,963 $17 ($1,147) ($1,503) ($1,279)
CZ12 SMUD/PGE $1,963 $11 ($1,147) ($1,623) ($1,406)
CZ13 PGE $1,963 $22 ($1,114) ($1,394) ($1,205)
CZ14 SCE/SCG $1,963 $23 ($897) ($1,352) ($1,120)
CZ14 SDGE $1,963 $30 ($897) ($1,163) ($905)
CZ15 SCE/SCG $1,963 $27 ($1,297) ($1,334) ($1,266)
CZ16 PGE $1,963 $24 ($581) ($1,270) ($859)
2025 Energy Code: Existing Single Family Building Upgrades 8 2025/08/15
Table 6. [1978-1991] Air Sealing at the Ceiling (CARE)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $18 ($931) ($1,442) ($1,135)
CZ02 PGE $1,963 $10 ($1,364) ($1,658) ($1,477)
CZ03 PGE $1,963 $8 ($1,480) ($1,734) ($1,598)
CZ04 PGE $1,963 $12 ($1,330) ($1,627) ($1,446)
CZ04 CPAU $1,963 $0 ($1,330) ($1,963) ($1,963)
CZ05 PGE $1,963 $8 ($1,447) ($1,719) ($1,575)
CZ05 PGE/SCG $1,963 $7 ($1,447) ($1,746) ($1,619)
CZ06 SCE/SCG $1,963 ($0) ($1,830) ($1,959) ($1,933)
CZ07 SDGE $1,963 ($2) ($1,896) ($2,003) ($1,964)
CZ08 SCE/SCG $1,963 $3 ($1,797) ($1,886) ($1,848)
CZ09 SCE/SCG $1,963 $4 ($1,747) ($1,859) ($1,813)
CZ10 SCE/SCG $1,963 $7 ($1,663) ($1,790) ($1,736)
CZ10 SDGE $1,963 $10 ($1,663) ($1,710) ($1,641)
CZ11 PGE $1,963 $18 ($1,264) ($1,500) ($1,325)
CZ12 PGE $1,963 $12 ($1,380) ($1,631) ($1,469)
CZ12 SMUD/PGE $1,963 $8 ($1,380) ($1,716) ($1,558)
CZ13 PGE $1,963 $16 ($1,364) ($1,545) ($1,411)
CZ14 SCE/SCG $1,963 $16 ($1,230) ($1,545) ($1,378)
CZ14 SDGE $1,963 $20 ($1,230) ($1,422) ($1,233)
CZ15 SCE/SCG $1,963 $22 ($1,463) ($1,460) ($1,410)
CZ16 PGE $1,963 $16 ($1,014) ($1,491) ($1,211)
2025 Energy Code: Existing Single Family Building Upgrades 9 2025/08/15
Table 7. [1991-2010] Air Sealing at the Ceiling (CARE)
Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
First-year
Utility
Savings
Lifecycle NPV Savings
2025

LSC NPV
On-Bill NPV
Modest Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $1,963 $11 ($1,314) ($1,642) ($1,452)
CZ02 PGE $1,963 $7 ($1,530) ($1,749) ($1,625)
CZ03 PGE $1,963 $6 ($1,613) ($1,793) ($1,693)
CZ04 PGE $1,963 $8 ($1,530) ($1,729) ($1,609)
CZ04 CPAU $1,963 $0 ($1,530) ($1,963) ($1,963)
CZ05 PGE $1,963 $5 ($1,613) ($1,804) ($1,708)
CZ05 PGE/SCG $1,963 $5 ($1,613) ($1,827) ($1,747)
CZ06 SCE/SCG $1,963 $1 ($1,863) ($1,940) ($1,920)
CZ07 SDGE $1,963 $0 ($1,896) ($1,944) ($1,918)
CZ08 SCE/SCG $1,963 $2 ($1,830) ($1,905) ($1,879)
CZ09 SCE/SCG $1,963 $2 ($1,780) ($1,908) ($1,878)
CZ10 SCE/SCG $1,963 $4 ($1,763) ($1,855) ($1,819)
CZ10 SDGE $1,963 $6 ($1,763) ($1,805) ($1,758)
CZ11 PGE $1,963 $10 ($1,530) ($1,685) ($1,572)
CZ12 PGE $1,963 $7 ($1,580) ($1,759) ($1,654)
CZ12 SMUD/PGE $1,963 $5 ($1,580) ($1,802) ($1,700)
CZ13 PGE $1,963 $9 ($1,580) ($1,732) ($1,644)
CZ14 SCE/SCG $1,963 $9 ($1,530) ($1,722) ($1,615)
CZ14 SDGE $1,963 $11 ($1,530) ($1,652) ($1,529)
CZ15 SCE/SCG $1,963 $12 ($1,680) ($1,696) ($1,667)
CZ16 PGE $1,963 $11 ($1,314) ($1,645) ($1,454)
2025 Energy Code: Existing Single Family Building Upgrades 10 2025/08/15
3 Lighting Measures
LED lighting and exterior lighting control measures were previously evaluated in the 2019 Cost-Effectiveness Study: Existing Single Family Residential Building Upgrades study.

These measures are not included in the 2022 Cost-Effectiveness Study: Existing Single Family Building Upgrades study, but have been re-evaluated and included in this memo.

The updated analysis follows the same methodology as the 2019 study, but with updated costs for equipment and updated utility rates.

The three measures evaluated are LED lighting, exterior photosensor, and LED lighting plus photosensor. Table 8 through Table 10 show the results for the different lighting measures evaluated. Each measure is explained in more detail below.

LED Lighting: Replace screw-in (A-based for lamps) incandescent lamps and compact fluorescent lamps (CFLs) with light-emitting diode (LED) A-lamps. This analysis was conducted external to the energy model and evaluated replacement of a 13 W CFL lamp with an 9.6 W LED lamp operating 620 hours annually. Annual hour estimates were based on whole building average hours of operation from a 2010 lighting study by KEMA (KEMA, 2010). Lifetime assumptions were 10,000 hours for CFLs and 25,000 hours for LED lamps.

For incremental cost calculations it was assumed CFLs have a lifetime of 15 years, are installed five years prior to the retrofit, and would need to be replaced at year ten and 25.

Exterior Lighting Controls/Photosensor: Evaluation of exterior lighting controls was completed on a per-luminaire basis external to the energy model and assumes a screw-in photosensor control is installed in outdoor lighting luminaires. Energy savings of 12.1 kWh per year was applied based on analysis done by the Consortium for Energy Efficiency, assuming LED lamps, 2.6 hours per day of operation, and that photosensor controls reduce operating hours on average 20 percent each day (CEE, 2014). Energy savings will be higher for incandescent or CFL luminaires.

Exterior Lighting Controls/Photosensor+LED: An additional evaluation was completed for exterior lighting controls on a per-luminaire basis external to the energy model and assumes a screw-in photosensor control is installed in outdoor lighting luminaires and incandescent lamps CFLs are replaced with light-emitting diode (LED) A-lamps. Energy savings of 14.3 kWh per year was applied based on the sum of the LED lighting and Exterior Lighting Controls with Photosensor kWh energy savings.

For the measures including a LED, a cost of $3.49 for LED dimmable A19 lamp 60 W equivalent is used. A cost of $1.74 is used for an equivalent CFL product which was used to estimate total replacement costs at years 10 and 25. Costs are based on a single LED lamp replacement. For the photosensor, an incremental cost of $12.62, based on a screw-in photosensor control, was obtained from an on-line product search of available products. A five-year lifetime for this type of control was assumed. 2025 Energy Code: Existing Single Family Building Upgrades 11 2025/08/15
Table 8. [All Vintages] LED Lamp vs. CFL
Climate
Zone
Electric/ Gas
Utility
Measure
Cost
Electricity
Savings
First Year
Utility
Cost
Savings
Customer On-Bill
Modest Gas Escalation
Customer On-Bill
High Gas Escalation
B/C Ratio NPV B/C Ratio NPV
CZ01 PGE $1.75 2.2 $0.77 10.05 $15.82 10.58 $16.74
CZ02 PGE $1.75 2.2 $0.86 11.26 $17.94 11.85 $18.98
CZ03 PGE $1.75 2.2 $0.78 10.14 $15.99 10.68 $16.92
CZ04 PGE $1.75 2.2 $0.80 10.39 $16.42 10.94 $17.38
CZ04 CPAU $1.75 2.2 $0.41 5.32 $7.56 5.60 $8.05
CZ05 PGE $1.75 2.2 $0.78 10.14 $15.99 10.67 $16.92
CZ05 PGE/SCG $1.75 2.2 $0.78 10.14 $15.99 10.67 $16.92
CZ06 SCE/SCG $1.75 2.2 $0.66 8.44 $13.01 8.99 $13.97
CZ07 SDGE $1.75 2.2 $0.95 13.15 $21.24 13.03 $21.04
CZ08 SCE/SCG $1.75 2.2 $0.74 9.51 $14.89 10.14 $15.98
CZ09 SCE/SCG $1.75 2.2 $0.71 9.17 $14.29 9.77 $15.33
CZ10 SCE/SCG $1.75 2.2 $0.73 9.38 $14.65 9.99 $15.72
CZ10 SDGE $1.75 2.2 $1.07 14.86 $24.24 14.74 $24.02
CZ11 PGE $1.75 2.2 $0.85 11.05 $17.57 11.63 $18.59
CZ12 PGE $1.75 2.2 $0.79 10.32 $16.29 10.86 $17.24
CZ12 SMUD/PGE $1.75 2.2 $0.47 6.08 $8.88 6.40 $9.44
CZ13 PGE $1.75 2.2 $0.86 11.27 $17.96 11.86 $19.00
CZ14 SCE/SCG $1.75 2.2 $0.74 9.58 $15.00 10.21 $16.10
CZ14 SDGE $1.75 2.2 $1.06 14.68 $23.93 14.56 $23.71
CZ15 SCE/SCG $1.75 2.2 $0.78 10.01 $15.75 10.66 $16.90
CZ16 PGE $1.75 2.2 $0.77 9.98 $15.71 10.51 $16.62
2025 Energy Code: Existing Single Family Building Upgrades 12 2025/08/15
Table 9. [All Vintages] Exterior Photosensor
Climate
Zone
Electric/ Gas
Utility
Measure
Cost
Electricity
Savings
First Year
Utility
Cost
Savings
Customer On-Bill
Modest Gas Escalation
Customer On-Bill
High Gas Escalation
B/C Ratio NPV B/C
Ratio NPV
CZ01 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ02 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ03 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ04 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ04 CPAU $54.03 12.1 $2.12 0.89 ($5.69) 0.94 ($3.15)
CZ05 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ05 PGE/SCG $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ06 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ07 SDGE $54.03 12.1 $5.07 2.27 $68.58 2.25 $67.53
CZ08 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ09 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ10 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ10 SDGE $54.03 12.1 $5.07 2.27 $68.58 2.25 $67.53
CZ11 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ12 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ12 SMUD/PGE $54.03 12.1 $1.46 0.62 ($20.73) 0.65 ($18.98) CZ13 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
CZ14 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ14 SDGE $54.03 12.1 $5.07 2.27 $68.58 2.25 $67.53
CZ15 SCE/SCG $54.03 12.1 $3.48 1.45 $24.36 1.55 $29.48
CZ16 PGE $54.03 12.1 $4.16 1.75 $40.75 1.85 $45.74
2025 Energy Code: Existing Single Family Building Upgrades 13 2025/08/15
Table 10. [All Vintages] LED and Photosensor
Climate
Zone
Electric/ Gas
Utility
Measure
Cost
Electricity
Savings
First Year
Utility Cost
Savings
Customer On-Bill
Modest Gas Escalation
Customer On-Bill High
Gas Escalation
B/C Ratio NPV B/C Ratio NPV
CZ01 PGE $55.77 14.3 $4.93 2.01 $56.57 2.12 $62.48
CZ02 PGE $55.77 14.3 $5.02 2.05 $58.70 2.16 $64.72
CZ03 PGE $55.77 14.3 $4.94 2.02 $56.74 2.12 $62.66
CZ04 PGE $55.77 14.3 $4.95 2.03 $57.17 2.13 $63.12
CZ04 CPAU $55.77 14.3 $2.53 1.03 $1.87 1.09 $4.90
CZ05 PGE $55.77 14.3 $4.94 2.02 $56.74 2.12 $62.66
CZ05 PGE/SCG $55.77 14.3 $4.94 2.02 $56.74 2.12 $62.66
CZ06 SCE/SCG $55.77 14.3 $4.13 1.67 $37.37 1.78 $43.45
CZ07 SDGE $55.77 14.3 $6.02 2.61 $89.82 2.59 $88.57
CZ08 SCE/SCG $55.77 14.3 $4.22 1.70 $39.25 1.82 $45.46
CZ09 SCE/SCG $55.77 14.3 $4.19 1.69 $38.65 1.80 $44.82
CZ10 SCE/SCG $55.77 14.3 $4.21 1.70 $39.01 1.81 $45.20
CZ10 SDGE $55.77 14.3 $6.14 2.66 $92.82 2.64 $91.55
CZ11 PGE $55.77 14.3 $5.00 2.05 $58.33 2.15 $64.33
CZ12 PGE $55.77 14.3 $4.95 2.02 $57.05 2.13 $62.98
CZ12 SMUD/PGE $55.77 14.3 $1.93 0.79 ($11.85) 0.83 ($9.54) CZ13 PGE $55.77 14.3 $5.02 2.05 $58.71 2.16 $64.73
CZ14 SCE/SCG $55.77 14.3 $4.22 1.71 $39.37 1.82 $45.58
CZ14 SDGE $55.77 14.3 $6.13 2.66 $92.51 2.64 $91.24
CZ15 SCE/SCG $55.77 14.3 $4.26 1.72 $40.12 1.83 $46.38
CZ16 PGE $55.77 14.3 $4.92 2.01 $56.46 2.12 $62.36
2025 Energy Code: Existing Single Family Building Upgrades 14 2025/08/15
4 Water Heating Package
This package includes the following:
• R-6 water heater blanket
• R-3 hot water pipe insulation
• Low flow fixtures: two low flow showerheads and three sink aerators.

This analysis assumes the homeowner installs these measures themselves and therefore no labor costs. Costs are based on Home Depot prices from August of 2025. The water heater package is evaluated over a 15-year analysis period and assumes the modest gas escalation rate.

Table 11. [All Vintages] Water Heating Package
Climate
Zone
Electric/ Gas
Utility
Measure
Cost
Gas
Savings
(therms)
Customer On-Bill
First Year Utility
Cost Savings B/C Ratio NPV
CZ01 PGE $125.68 14.69 $31.11 3.96 $371.76
CZ02 PGE $125.68 15.60 $35.20 4.48 $437.15
CZ03 PGE $125.68 15.70 $31.43 4.00 $376.88
CZ04 PGE $125.68 16.05 $32.62 4.15 $395.78
CZ04 CPAU $125.68 16.05 $31.99 4.07 $385.77
CZ05 PGE $125.68 15.83 $31.37 3.99 $375.88
CZ05 PGE/SCG $125.68 15.83 $28.29 3.60 $326.59
CZ06 SCE/SCG $125.68 16.67 $29.18 3.71 $340.84
CZ07 SDGE $125.68 16.75 $37.25 4.74 $469.81
CZ08 SCE/SCG $125.68 16.78 $29.36 3.74 $343.80
CZ09 SCE/SCG $125.68 16.66 $29.27 3.72 $342.34
CZ10 SCE/SCG $125.68 16.58 $28.99 3.69 $337.73
CZ10 SDGE $125.68 16.58 $37.77 4.80 $478.19
CZ11 PGE $125.68 15.87 $32.96 4.19 $401.32
CZ12 PGE $125.68 15.90 $32.85 4.18 $399.47
CZ12 SMUD/PGE $125.68 15.90 $32.85 4.18 $399.47
CZ13 PGE $125.68 16.32 $33.00 4.20 $401.93
CZ14 SCE/SCG $125.68 16.11 $29.79 3.79 $350.57
CZ14 SDGE $125.68 16.11 $39.23 4.99 $501.49
CZ15 SCE/SCG $125.68 17.40 $30.16 3.84 $356.50
CZ16 PGE $125.68 15.14 $31.75 4.04 $381.87
2025 Energy Code: Existing Single Family Building Upgrades 15 2025/08/15
5 PV
The results for 3 kW PV have been updated from the 2022 study to remove the federal solar tax credit from the cost-effectiveness calculations. The removal of the solar tax credit has a substantial impact on many climate zones across all vintages and will impact the FlexPath.

The following describes the impacts and changes to cost-effectiveness from the 2022 study.

These observations are utilizing standard rates. Previously, with the solar tax credit, the 3 kW PV measure in the pre-1978 vintage was on-bill cost effective in all climate zones using both the modest and high gas escalation rates. However, with the credit removed, Climate Zones 1-3, 5, 6, and 12 are no longer cost effective on-bill for both the modest and high gas escalations.

Previously for the 1978-1991 vintage the only cases that were not on-bill cost effective were climate zones 2 and 6 utilizing the modest gas escalation. Now, with the credit removed, many more climate zones are no longer cost effective. Using the modest gas escalation, climate zones 1-3, 5, 6, 12, and 16 are not cost effective on-bill. Using the high gas escalation, climate zones 1-3, 5, 6, and 12 (SMUD) are not cost effective on-bill.

Previously for the 1992-2010 vintage the following cases were not cost effective on-bill:
climate zones 1-3, 5, and 6 utilizing the modest gas escalation and climate zone 6 using the high gas escalation. With the credit removed an increased number of climate zones are no longer cost effective. Using the modest gas escalation, climate zones 1-3, 4 (PGE) 5-9, 10 (SCE/SCG),12, and 16 are not cost effective on-bill. Using the high gas escalation, climate zones 1-3, 4 (PGE), 5-7, 9, 12, and 16 are not cost effective on-bill.

The cost-effectiveness results are presented in Table 12 through Table 1717. 2025 Energy Code: Existing Single Family Building Upgrades 16 2025/08/15
Table 12. [Pre-1978] 3 kW PV without Solar Tax Credit (Std) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.80 ($3,074) 0.85 ($2,410)
CZ02 PGE $13,726 0.80 ($3,072) 0.85 ($2,409)
CZ03 PGE $13,726 0.77 ($3,567) 0.81 ($2,930)
CZ04 PGE $13,726 1.11 $1,652 1.16 $2,564
CZ04 CPAU $13,726 1.38 $5,983 1.45 $7,123
CZ05 PGE $13,726 0.78 ($3,431) 0.82 ($2,786)
CZ05 PGE/SCG $13,726 0.78 ($3,431) 0.82 ($2,786)
CZ06 SCE/SCG $13,726 0.87 ($2,118) 0.92 ($1,231)
CZ07 SDGE $13,726 1.31 $4,886 1.30 $4,711
CZ08 SCE/SCG $13,726 1.30 $4,655 1.38 $5,984
CZ09 SCE/SCG $13,726 1.18 $2,821 1.26 $4,030
CZ10 SCE/SCG $13,726 1.29 $4,622 1.38 $5,948
CZ10 SDGE $13,726 1.99 $15,550 1.97 $15,284
CZ11 PGE $13,726 1.55 $8,684 1.64 $9,967
CZ12 PGE $13,726 1.07 $1,117 1.13 $2,002
CZ12 SMUD/PGE $13,726 0.93 ($1,109) 0.98 ($342)
CZ13 PGE $13,726 1.80 $12,597 1.90 $14,085
CZ14 SCE/SCG $13,726 1.58 $9,098 1.68 $10,717
CZ14 SDGE $13,726 2.15 $17,983 2.13 $17,695
CZ15 SCE/SCG $13,726 2.24 $19,477 2.39 $21,774
CZ16 PGE $13,726 1.04 $579 1.09 $1,435
2025 Energy Code: Existing Single Family Building Upgrades 17 2025/08/15
Table 13. [1978-1991] 3 kW PV without Solar Tax Credit (Std) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.77 ($3,570) 0.81 ($2,932)
CZ02 PGE $13,726 0.71 ($4,549) 0.75 ($3,963)
CZ03 PGE $13,726 0.74 ($4,106) 0.78 ($3,497)
CZ04 PGE $13,726 1.00 $7 1.05 $833
CZ04 CPAU $13,726 1.35 $5,517 1.42 $6,633
CZ05 PGE $13,726 0.75 ($3,985) 0.79 ($3,369)
CZ05 PGE/SCG $13,726 0.75 ($3,985) 0.79 ($3,369)
CZ06 SCE/SCG $13,726 0.73 ($4,249) 0.78 ($3,501)
CZ07 SDGE $13,726 1.17 $2,623 1.16 $2,466
CZ08 SCE/SCG $13,726 1.20 $3,086 1.27 $4,313
CZ09 SCE/SCG $13,726 1.09 $1,487 1.17 $2,609
CZ10 SCE/SCG $13,726 1.18 $2,884 1.26 $4,097
CZ10 SDGE $13,726 1.85 $13,356 1.84 $13,108
CZ11 PGE $13,726 1.41 $6,420 1.48 $7,583
CZ12 PGE $13,726 0.97 ($512) 1.02 $287
CZ12 SMUD/PGE $13,726 0.93 ($1,109) 0.98 ($342)
CZ13 PGE $13,726 1.63 $9,953 1.72 $11,302
CZ14 SCE/SCG $13,726 1.42 $6,655 1.52 $8,115
CZ14 SDGE $13,726 2.00 $15,653 1.98 $15,386
CZ15 SCE/SCG $13,726 1.94 $14,686 2.06 $16,670
CZ16 PGE $13,726 0.95 ($737) 1.00 $49
2025 Energy Code: Existing Single Family Building Upgrades 18 2025/08/15
Table 1414. [1992-2010] 3 kW PV without Solar Tax Credit (Std) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.71 ($4,475) 0.75 ($3,885)
CZ02 PGE $13,726 0.73 ($4,198) 0.77 ($3,593)
CZ03 PGE $13,726 0.72 ($4,411) 0.76 ($3,817)
CZ04 PGE $13,726 0.80 ($3,121) 0.84 ($2,459)
CZ04 CPAU $13,726 1.16 $2,477 1.22 $3,433
CZ05 PGE $13,726 0.73 ($4,299) 0.76 ($3,700)
CZ05 PGE/SCG $13,726 0.73 ($4,299) 0.76 ($3,700)
CZ06 SCE/SCG $13,726 0.61 ($6,143) 0.65 ($5,520)
CZ07 SDGE $13,726 0.94 ($931) 0.93 ($1,057)
CZ08 SCE/SCG $13,726 0.98 ($242) 1.05 $767
CZ09 SCE/SCG $13,726 0.88 ($1,890) 0.94 ($988)
CZ10 SCE/SCG $13,726 0.96 ($676) 1.02 $305
CZ10 SDGE $13,726 1.51 $8,054 1.50 $7,852
CZ11 PGE $13,726 1.10 $1,569 1.16 $2,477
CZ12 PGE $13,726 0.80 ($3,169) 0.84 ($2,510)
CZ12 SMUD/PGE $13,726 0.93 ($1,109) 0.98 ($342)
CZ13 PGE $13,726 1.27 $4,170 1.33 $5,215
CZ14 SCE/SCG $13,726 1.15 $2,295 1.22 $3,470
CZ14 SDGE $13,726 1.66 $10,386 1.65 $10,164
CZ15 SCE/SCG $13,726 1.37 $5,788 1.46 $7,191
CZ16 PGE $13,726 0.81 ($3,006) 0.85 ($2,338)
2025 Energy Code: Existing Single Family Building Upgrades 19 2025/08/15
Table 1515. [Pre-1978] 3 kW PV without Solar Tax Credit (CARE) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.62 ($6,030) 0.65 ($5,522)
CZ02 PGE $13,726 0.64 ($5,707) 0.67 ($5,182)
CZ03 PGE $13,726 0.60 ($6,344) 0.63 ($5,853)
CZ04 PGE $13,726 0.83 ($2,725) 0.87 ($2,042)
CZ05 PGE $13,726 0.60 ($6,266) 0.63 ($5,771)
CZ05 PGE/SCG $13,726 0.60 ($6,266) 0.63 ($5,771)
CZ06 SCE/SCG $13,726 0.71 ($4,578) 0.75 ($3,852)
CZ07 SDGE $13,726 0.71 ($4,508) 0.71 ($4,604)
CZ08 SCE/SCG $13,726 0.97 ($483) 1.03 $510
CZ09 SCE/SCG $13,726 0.90 ($1,530) 0.96 ($605)
CZ10 SCE/SCG $13,726 0.97 ($465) 1.03 $530
CZ10 SDGE $13,726 1.19 $3,032 1.18 $2,872
CZ11 PGE $13,726 1.07 $1,150 1.13 $2,036
CZ12 PGE $13,726 0.79 ($3,324) 0.83 ($2,673)
CZ13 PGE $13,726 1.23 $3,587 1.29 $4,601
CZ14 SCE/SCG $13,726 1.17 $2,662 1.25 $3,861
CZ14 SDGE $13,726 1.28 $4,436 1.27 $4,264
CZ15 SCE/SCG $13,726 1.57 $8,962 1.67 $10,572
CZ16 PGE $13,726 0.79 ($3,342) 0.83 ($2,692)
2025 Energy Code: Existing Single Family Building Upgrades 20 2025/08/15
Table 1616. [1978-1991] 3 kW PV without Solar Tax Credit (CARE) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.60 ($6,343) 0.63 ($5,851)
CZ02 PGE $13,726 0.56 ($6,845) 0.59 ($6,380)
CZ03 PGE $13,726 0.57 ($6,757) 0.60 ($6,287)
CZ04 PGE $13,726 0.76 ($3,715) 0.80 ($3,085)
CZ05 PGE $13,726 0.57 ($6,686) 0.60 ($6,213)
CZ05 PGE/SCG $13,726 0.57 ($6,686) 0.60 ($6,213)
CZ06 SCE/SCG $13,726 0.61 ($6,195) 0.64 ($5,575)
CZ07 SDGE $13,726 0.62 ($6,004) 0.61 ($6,087)
CZ08 SCE/SCG $13,726 0.91 ($1,483) 0.96 ($555)
CZ09 SCE/SCG $13,726 0.85 ($2,368) 0.90 ($1,497)
CZ10 SCE/SCG $13,726 0.90 ($1,597) 0.96 ($676)
CZ10 SDGE $13,726 1.10 $1,560 1.09 $1,413
CZ11 PGE $13,726 0.98 ($295) 1.03 $515
CZ12 PGE $13,726 0.72 ($4,320) 0.76 ($3,722)
CZ13 PGE $13,726 1.12 $1,893 1.18 $2,818
CZ14 SCE/SCG $13,726 1.07 $1,051 1.14 $2,144
CZ14 SDGE $13,726 1.18 $2,878 1.17 $2,719
CZ15 SCE/SCG $13,726 1.37 $5,735 1.45 $7,135
CZ16 PGE $13,726 0.74 ($4,126) 0.78 ($3,517)
2025 Energy Code: Existing Single Family Building Upgrades 21 2025/08/15
Table 1717. [1992-2010] 3 kW PV without Solar Tax Credit (CARE) Climate
Zone
Electric/ Gas
Utility
First
Incremental
Cost
On-Bill Savings
On-Bill B/C
Modest Gas
Escalation
On-Bill NPV
Modest Gas
Escalation
On-Bill B/C
High Gas
Escalation
On-Bill NPV
High Gas
Escalation
CZ01 PGE $13,726 0.56 ($6,963) 0.59 ($6,504)
CZ02 PGE $13,726 0.26 ($11,640) 0.20 ($12,611)
CZ03 PGE $13,726 0.55 ($6,997) 0.58 ($6,540)
CZ04 PGE $13,726 0.62 ($5,900) 0.66 ($5,385)
CZ05 PGE $13,726 0.56 ($6,932) 0.59 ($6,471)
CZ05 PGE/SCG $13,726 0.56 ($6,932) 0.59 ($6,471)
CZ06 SCE/SCG $13,726 0.51 ($7,652) 0.55 ($7,127)
CZ07 SDGE $13,726 0.48 ($8,115) 0.48 ($8,180)
CZ08 SCE/SCG $13,726 0.78 ($3,430) 0.83 ($2,629)
CZ09 SCE/SCG $13,726 0.72 ($4,462) 0.76 ($3,728)
CZ10 SCE/SCG $13,726 0.76 ($3,748) 0.81 ($2,968)
CZ10 SDGE $13,726 0.86 ($2,225) 0.85 ($2,340)
CZ11 PGE $13,726 0.79 ($3,259) 0.83 ($2,605)
CZ12 PGE $13,726 0.63 ($5,876) 0.66 ($5,359)
CZ13 PGE $13,726 0.89 ($1,678) 0.94 ($941)
CZ14 SCE/SCG $13,726 0.89 ($1,676) 0.95 ($761)
CZ14 SDGE $13,726 0.95 ($838) 0.94 ($964)
CZ15 SCE/SCG $13,726 0.99 ($142) 1.06 $873
CZ16 PGE $13,726 0.63 ($5,850) 0.66 ($5,333)
2025 Energy Code: Existing Single Family Building Upgrades 22 2025/08/15
6 References
California Energy Commission. (2017). Rooftop Solar PV System. Measure number: 2019- Res-PV-D Prepared by Energy and Environmental Economics, Inc. Retrieved from https://efiling.energy.ca.gov/getdocument.aspx?tn=221366 California Energy Commission. (2021b). Final Express Terms for the Proposed Revisions to the 2022 Energy Code Reference Appendices. Retrieved from https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=21-BSTD-01 California Energy Commission. (2023). 2025 Energy code Hourly Factors. Retrieved from https://www.energy.ca.gov/files/2025-energy-code-hourly-factors California Energy Commission. (2023). Draft 2025 Energy Code Express Terms. Retrieved from
https://efiling.energy.ca.gov/GetDocument.aspx?tn=252915&DocumentContentId=88 051
California Public Utilities Commission. (2021a). Utility Costs and Affordability of the Grid of the Future: An Evaluation of Electric Costs, Rates, and Equity Issues Pursuant to P.U. Code Section 913.1. Retrieved from https://www.cpuc.ca.gov/-/media/cpucwebsite/divisions/office-of-governmental-affairs-division/reports/2021/senate-bill-695- report-2021-and-en-banc-whitepaper_final_04302021.pdf
California Public Utilities Commission. (2021b). Database for Energy-Efficient resources (DEER2021 Update). Retrieved April 13, 2021, from
http://www.deeresources.com/index.php/deer-versions/deer2021 E-CFR. (2020). https://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=8de751f141aaa1c1c9833b36156faf67&mc=true&n=pt1

0.3.431&r=PART&ty=HTML#se10.3.431_197. Retrieved from Electronic Code of Federal Regulations: https://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=8de751f141aaa1c1c9833b36156faf67&mc=true&n=pt1

0.3.431&r=PART&ty=HTML#se10.3.431_197
Statewide CASE Team. (2020). Residential Energy Savings and Process Improvements for Additions and Alterations.

Statewide CASE Team. (2023). Multifamily Domestic Hot Water. Retrieved from https://title24stakeholders.com/wp-content/uploads/2023/08/2025_T24_CASEReport-_MF-DHW-Final-1.pdf Statewide CASE Team. (2023). Residential HVAC PErformance. Retrieved from https://title24stakeholders.com/wpcontent/uploads/2023/11/Revised_2025_T24_Final-CASE-Report-RES-HVACPerformance.pdf 2025 Energy Code: Existing Single Family Building Upgrades 23 2025/08/15
Statewide Reach Codes Team. (2021). 2019 Cost-Effectiveness Study: Existing Single Family Residential Buidling Upgrades. Retrieved from
https://localenergycodes.com/content/resources
2025 Energy Code: Existing Single Family Building Upgrades 24 2025/08/15
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Revision: 1.0
Last modified: 2025/08/15

August 18, 2025
San Rafael City Council
1400 5th Avenue
San Rafael, CA 94901
RE: Building Code Ordinance Amendments
Honorable Mayor and Council Members,
Sustainable San Rafael appreciates the City's efforts to strengthen the Flexpath portions of the proposed State
Building Code to bring them into closer alignment with San Rafael's conditions and goals.

By updating scoring targets for evaluating the rehabilitation of homes built prior to 1992, the recommended San Rafael ordinance improves on the version adopted last year. The approach suggested by staff is an innovative response to recently enacted State constraints.

However, rather than zeroing out the currently required score for homes built between 1992 and 2010, we request that the City maintain a minimal score of 1 for those buildings.

Assuming that it satisfies State calculations, such a low score would at least keep in place the process by which building owners consider additional energy efficiency improvements from the wide menu of potential improvements offered.

We applaud the City's adoption of the portions of the new State code relating to new construction, which we understand will encourage significantly greater electrification and energy efficiency. It is also our understanding from the Staff Report that the portions of the new State code relating to EV
readiness closely match the City requirements being replaced.

Thank you for the Council's commitment to a more
sustainable community, and for recognizing the importance of building electrification in meeting our greenhouse gas goals and in maintaining the health of our residents.

Sincerely,
William Carney,
Vice President

BOARD OF DIRECTORS
Annika Osborn, Co-President
Ben Snyder, Co-President
William Carney, Vice President
Miles Smith, Secretary
Greg Brockbank
Kay Karchevski
Kiki La Porta
Rina Lopez
Phil Muller
Marisa Nordstrom
Stuart Siegel
415.302.0110
Agenda Item 7.a
Affordable Housing Requirements
for Residential Development
Projects
Removed at the request of Staff
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 7.b
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police
Prepared by: D.C. Spiller, Police Chief City Manager Approval: ______________ TOPIC: RESPONSE TO THE GRAND JURY REPORT ON FIRST RESPONDERS SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL’S RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT TITLED “MARIN COUNTY FIRST RESPONDERS: SUPPORTING THOSE WHO SUPPORT US”
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report titled, “Marin County First Responders: Supporting those who Support Us”.

BACKGROUND:

The City is required to respond to the Grand Jury Report. Penal Code Section 933(c) states in part:
“No later than 90 days after the Grand Jury submits a final report…the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body.” To comply with this statute, the City’s response to this Grand Jury report must be approved by resolution of the City Council and submitted to the Presiding Judge of the Marin County Superior Court and the Foreperson of the Grand Jury on or before September 17, 2025. A proposed resolution is provided as Attachment 1.

On June 17, 2025, the 2024-2025 Marin County Civil Grand Jury released a report entitled “Marin County First Responders: Supporting those who Support Us” (Attachment 2). The Grand Jury report addresses the work of Marin County first responders, including law enforcement, fire services, paramedics, and emergency department personnel, who routinely confront societal challenges. Among these challenges, substance abuse, mental health crises, violence, and homelessness continue to strain public services available throughout the county. As a result, the Civil Grand Jury report explores the expansion of alternative response strategies.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
This Grand Jury report can also be accessed at the following link:
https://assets.marincounty.gov/marincounty-prod/public/2025- 06/Marin%20County%20First%20Responders.pdf
The Grand Jury Report presents the following findings:

F1 Because the Specialized Assistance For Everyone (SAFE) team in San Rafael has proven to be an effective alternative for responding to 911 calls related to mental health crises, substance abuse, and homelessness, some police and fire resources have been freed to respond to critical calls.

F2 Because San Rafael’s Specialized Assistance For Everyone (SAFE) team hours are limited, some 911 calls related to mental health crises, substance abuse, and homelessness must be unnecessarily handled by police officers.

F3 Because Novato’s Specialized Assistance For Everyone (SAFE) team hours are limited, some 911 calls related to mental health crises, substance abuse, and homelessness must be unnecessarily handled by police officers.

F4 Expanded hours of coverage for Novato’s Specialized Assistance For Everyone (SAFE) team would lighten the burden on Novato Fire’s Emergency Medical Services responders.

F5 Because no Specialized Assistance for Everyone (SAFE) teams operate in Southern Marin, West Marin, or unincorporated Marin County, police and ambulance resources continue to respond to 911 calls related to mental health crises, substance abuse, and homelessness that could be better served by a different kind of response team.

F6 Because there are no permanent dedicated funding sources for the Specialized Assistance for Everyone (SAFE) teams in Marin County, these programs face insecure futures no matter how successful they are.

F7 Due to a lack of communication, miscommunication, and/or misunderstandings, dedicated beds at the Helen Vine Recovery Center are underutilized by Marin County law enforcement as an option for short-term sobering.

F8 Because a new statewide 911 system (NextGen911) has been significantly delayed, Marin County lacks appropriate backup resources for the emergency dispatch center at 1600 Los Gamos Drive in the event of a disaster.

F9 Because of geography, cost, and time-to-use, an emergency communications van is an effective and immediate option to fill the back-up dispatch gap in the event of a disaster until a new statewide 911 system (NextGen911) is available.

F10 The establishment of the bidirectional exchange of clinical information between Emergency Medical Services and area hospitals is crucial to the assessment of emergency event treatment as well as planning for the best use of ambulance and public health resources.

The Grand Jury Report presents the following list of recommendations:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
R1 By March 1, 2026, the Marin County Board of Supervisors should find a long-term funding source to fund Specialized Assistance For Everyone (SAFE) teams throughout the County.

R2 By March 1, 2026, the City Council of San Rafael should fund additional Specialized Assistance For Everyone (SAFE) team resources when requested by the San Rafael Police Department following its evaluation of the current program.

R3 By December 1, 2025, the Novato Fire Protection District should contribute partial funding to the City of Novato for support of the Specialized Assistance For Everyone (SAFE) program.

R4 By December 1, 2025, the Marin County Chiefs of Police Association should advise their respective police departments to utilize the Helen Vine Recovery Center as the preferred drop-off option for intoxicated individuals and engage in an active introduction, education, and relationship with Helen Vine Recovery Center.

R5 By December 1, 2025, the Marin County Board of Supervisors should request the Health and Human Services Department to amend its metrics to include a method for police departments to report when they have been turned away from delivering an intoxicated person to the Helen Vine Recovery Center.

R6 By March 1, 2026, the Marin County Board of Supervisors should seek funding for a new mobile communications van for the Marin County Fire Department, per department specifications.

R7 By December 31, 2025, the Marin County Board of Supervisors should require that the Department of Health and Human Services Emergency Medical Services make quarterly reports to the Board on the progress of the bidirectional data exchange until the program is fully implemented.

R8 By December 31, 2025, the Marin Healthcare District should make quarterly reports on the progress of the bidirectional data exchange at their public meetings until the program is fully implemented.

ANALYSIS:

The Grand Jury Report dated June 17, 2025, was distributed to the County of Marin and all cities/towns in Marin County.

Staff recommends that the City’s response should include any actions taken by the City or the Police Department on the development of a public safety alternative response program, and to clarify the City’s role for each of the Grand Jury’s findings and recommendations requiring a response from the City.

Responses to Findings:

The Marin Civil Grand Jury has asked the City of San Rafael to respond to findings F1-F2, F5-F6, R2 F1. Because the Specialized Assistance For Everyone (SAFE) team in San Rafael has proven to be an effective alternative for responding to 911 calls related to mental health crises, substance abuse, and homelessness, some police and fire resources have been freed to respond to critical calls.

Response: Agree
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The City agrees with this finding.

F2. Because San Rafael’s Specialized Assistance For Everyone (SAFE) team hours are limited, some 911 calls related to mental health crises, substance abuse, and homelessness must be unnecessarily handled by police officers.

Response: Agree
The City agrees with this finding.

F5. Because no Specialized Assistance For Everyone (SAFE) teams operate in Southern Marin, West Marin, or unincorporated Marin County, police and ambulance resources continue to respond to 911 calls related to mental health crises, substance abuse, and homelessness that could be better served by a different kind of response team.

Response: Agree
The City agrees with this finding.

F6. Because there are no permanent dedicated funding sources for the Specialized Assistance For Everyone (SAFE) teams in Marin County, these programs face insecure futures no matter how successful they are.

Response: Agree
The City agrees with this finding.

Responses to Recommendations:

The Marin Civil Grand Jury has asked the City to respond to recommendations R2.

R2. By March 1, 2026, the City Council of San Rafael should fund additional Specialized Assistance For Everyone (SAFE) team resources when requested by the San Rafael Police Department following its evaluation of the current program.

In its regularly scheduled meeting on January 17, 2023, the City Council’s action to fund the SAFE Team pilot program created the opportunity to realize the success of an alternative response strategy for public safety. Since the approval of the funding for the pilot deployment of the SAFE Team, Police Department staff have provided updates to the City Council and the community that include operational information and statistics. The San Rafael SAFE Team deployment continues to be successful in supporting vulnerable members of the community by providing this public safety alternative response in assigning law enforcement and medical calls for service to the SAFE Team as a more appropriate resource, particularly in cases of mental health, chemical dependency, and support to unhoused individuals.

Police Department staff continue to pursue grant funding and alternative funding sources to sustain the SAFE Team resource beyond its scheduled pilot period. At the same time, the City Manager’s Office, Finance Department, and Police Department continue to monitor expenditures for SAFE Team services in San Rafael to maximize the duration of the program’s pilot. A summary of the SAFE Team pilot program SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
will be provided to the City Council in early 2026, which will include staff recommendations and potential funding strategies moving forward.

In consideration of the Marin County Grand Jury recommendation #1 [R1. - By March 1, 2026, the Marin County Board of Supervisors should find a long-term funding source to fund Specialized Assistance For Everyone (SAFE) teams throughout the County.] The City of San Rafael believes this recommendation should be broader and should include the City of San Rafael. The City recommends a larger, countywide effort to find a long-term funding source to fund Specialized Assistance For Everyone, to include the City of San Rafael, similarly to the rest of Marin County. City Staff feels strongly that San Rafael should not be excluded from a countywide funding strategy simply because the City currently has a pilot program in progress. Calls for service, emergency room diversions, ambulance diversions, and other criminal justice diversions have proven the need for such a program in San Rafael, and the inclusion of the City of San Rafael is imperative in a countywide funding solution. Moreover, as the county seat of Marin County, the City of San Rafael experiences a higher level of activity within its jurisdiction and serves as a hub for social services, resources for the unhoused, and other service centers for individuals who are frequently supported by the SAFE Team.

COMMUNITY OUTREACH:

Police Department staff have provided information and outreach regarding the SAFE Team and its services through formal San Rafael City Council meetings, in addition to meetings of the Police Advisory and Accountability Committee. Promoting the SAFE Team and its support services that are available to the community continues to be highlighted by the department.

FISCAL IMPACT:

There is no fiscal impact associated with this required response to the Marin County Civil Grand Jury.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report entitled, “Marin County First Responders: Supporting those who Support Us”.

ATTACHMENTS:

1. Resolution, with attached City Response to the Grand Jury Report

2. Grand Jury Report dated June 17, 2025
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE

RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT
ENTITLED “MARIN COUNTY FIRST RESPONDERS: SUPPORTING THOSE WHO SUPPORT US”
WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final grand jury report addressing aspects of the public agency’s operations must, within ninety (90) days, provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson of the grand jury, responding to the report’s findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, Penal Code section 933.05 specifies the required contents of a city’s response to findings and recommendations of a civil grand jury; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin County Grand Jury Report, dated June 17th, 2025, entitled “Marin County First Responders: Supporting Those Who Support Us”; and
WHEREAS, at a regular City Council meeting held on September 2, 2025, the City Council discussed the report’s findings and recommendations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby:

1. Approves and authorizes the Mayor to execute the City’s response to the Marin County Grand Jury’s June 17, 2025, report, entitled “Marin County First Responders:

Supporting Those Who Support Us” a copy of which response is attached hereto as Attachment 1 and incorporated herein by reference.

2. Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the Marin County Superior Court, with copy to the foreperson of the Marin County Grand Jury.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 2ndth day of September 2025, by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk

RESPONSE TO GRAND JURY REPORT FINDINGS AND

RECOMMENDATIONS
REPORT TITLE: “MARIN COUNTY FIRST RESPONDERS: SUPPORTING THOSE WHO SUPPORT US”
REPORT DATE: June 17, 2025
RESPONSE BY: San Rafael City Council

GRAND JURY FINDINGS
▪ We agree with the finding(s) numbered: F1, F2, F5 and F6 (as directed by the Grand Jury) ▪ The remaining findings are not at issue and do not require a response from the City of San Rafael.

GRAND JURY RECOMMENDATIONS
▪ Recommendations numbered R# 1 along with R# 3 through R# 8 do not require a response by the City of San Rafael.
▪ Recommendations numbered R# 2 has not been implemented yet, but will be addressed in the future.

Date: _____________________ Signed: __________________________ Mayor Kate Colin
ATTACHMENT 1
City of San Rafael Response to Grand Jury Report Findings and Recommendations “MARIN COUNTY FIRST RESPONDERS: SUPPORTING THOSE WHO SUPPORT US” June 17, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 3

RESPONSE TO GRAND JURY FINDINGS
F1. Because the Specialized Assistance For Everyone (SAFE) team in San Rafael has proven to be an effective alternative for responding to 911 calls related to mental health crises, substance abuse, and homelessness, some police and fire resources have been freed to respond to critical calls.

Response: AGREE
F2. Because San Rafael’s Specialized Assistance For Everyone (SAFE) team hours are limited, some 911 calls related to mental health crises, substance abuse, and homelessness must be unnecessarily handled by police officers.

Response: AGREE
F5. Because no Specialized Assistance For Everyone (SAFE) teams operate in Southern Marin, West Marin, or unincorporated Marin County, police and ambulance resources continue to respond to 911 calls related to mental health crises, substance abuse, and homelessness that could be better served by a different kind of response team.

Response: AGREE
F6. Because there are no permanent dedicated funding sources for the Specialized Assistance For Everyone (SAFE) teams in Marin County, these programs face insecure futures no matter how successful they are.

Response: AGREE

RESPONSE TO GRAND JURY RECOMMENDATIONS
R2. By March 1, 2026, the City Council of San Rafael should fund additional Specialized Assistance For Everyone (SAFE) team resources when requested by the San Rafael Police Department following its evaluation of the current program.

This recommendation requires further analysis. Staff recognizes the City Council’s support for the Police Department’s alternative response pilot program known as Specialized Assistance For Everyone (S.A.F.E.). In its regularly scheduled meeting on January 17, 2023, the San Rafael City City of San Rafael Response to Grand Jury Report Findings and Recommendations “MARIN COUNTY FIRST RESPONDERS: SUPPORTING THOSE WHO SUPPORT US” June 17, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 3 Council’s action to fund the SAFE Team pilot program, created the opportunity to realize the success of an alternative response strategy for public safety. Since the approval of the funding for the pilot deployment of the SAFE Team, Police Department staff has have provided updates to the City Council and the community to include activity and statistics. The San Rafael SAFE Team deployment continues to be successful in supporting vulnerable members of the community by providing this public safety alternative response in assigning law enforcement and medical calls for service to the SAFE Team as a more appropriate resource, particularly in cases of mental health, chemical dependency and support to the unhoused.

Police Department staff continue to pursue grant funding and alternative funding sources to sustain the SAFE Team resource beyond its scheduled pilot period. At the same time, the City Manager’s Office, Finance Department staff and Police Department staff continue to monitor expenditures for SAFE Team services in San Rafael to maximize the duration of the program’s pilot. A summary of the S.A.F.E. Team pilot program will be provided to the City Council in early 2026, which will include staff recommendations and potential funding strategies moving forward.

In consideration of the Marin County Grand Jury recommendation #1 [R1. - By March 1, 2026, the Marin County Board of Supervisors should find a long-term funding source to fund Specialized Assistance For Everyone (SAFE) teams throughout the County.], The City of San Rafael believes this recommendation should be broader and should include the City. The City recommends a larger, county wide effort to find a long-term funding source to fund Specialized Assistance For Everyone to include the City of San Rafael similarly to the rest of the county. The City feels strongly that San Rafael should not be carved out of a county wide funding strategy simply because the City currently has a pilot program in progress. Calls for service, emergency room diversions, ambulance diversions and other criminal justice diversions have proven the need for such a program in San Rafael, and the inclusion of the City of San Rafael is imperative in a countywide funding solution. Moreover, as the county seat of Marin County, the City of San Rafael experiences a higher level of activity within its jurisdiction and serves as a hub for social services, resources for the unhoused, and other service centers for individuals who are frequently supported by the SAFE Team.
2024-2025 Marin County Civil Grand Jury
Marin County First Responders:

Supporting Those Who Support Us
June 17, 2025

SUMMARY
Every day, police, fire, paramedics, and emergency department (ED) personnel confront societal challenges that many of us rarely face directly: substance abuse, mental health crises, violence, and homelessness. Emergency Medical Services (EMS) is the County1agency that provides a comprehensive system that delivers health and safety services to individuals experiencing sudden illness or injury.2 EMS is under the direction of the Department of Health and Human Services and works in close collaboration with the Marin County Fire Department (Marin Fire), overseeing paramedics.

Marin3 has made important strides in improving both the quality of services available to address these complex issues and the tools provided to first responders. However, the Marin County Civil Grand Jury (Grand Jury) finds the following gaps that should be closed:
● Marin currently has a limited number of alternative response teams with mental health and social work expertise to assist law enforcement. Marin should have more coverage. ● Marin currently depends mostly upon jail and emergency departments to safely sober those publicly intoxicated by drugs or alcohol. The County has contracted sobering beds that are being underutilized by law enforcement.
● The Grand Jury is urging the County and the three local hospitals to implement a data exchange to monitor and document Emergency Medical Services care and patient outcomes. Timely and accurate data between EMS and the hospitals is critical to understanding how to improve services for the public and support EMS development.
● Finally, the County’s emergency dispatchers lack adequate backup capabilities to continue working in the event of a disaster. The Grand Jury reviewed a number of alternatives to improve dispatch preparedness.

The following report details the need for improvements to support two constituencies: those who serve and those who are served.
1 The term “County” throughout the report refers to both the governmental bodies and agencies of Marin County as well as the unincorporated areas of Marin.
2 https://ems.marinhhs.org/marin-ems (accessed on 5/22/2025). 3 The term “Marin” means the entire county, including all of the cities, towns, and the unincorporated area governed by the County of Marin.

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 2 of 19

BACKGROUND
It has become increasingly more difficult to be a first responder. Police face the growing presence of people intoxicated by drugs or alcohol, experiencing homelessness, and mired in mental health challenges. Firefighters face more intense and fast-moving fires. Paramedics/EMS are not just medical resources, they now face patients with dual addiction and mental health disorders who may have to be calmed before being medically treated. The same issues extend to EDs.

Licensed mental health counselors4and social workers5hold advanced degrees, requiring at least six years of training, plus internships or clinical rotations. Police officers are mandated to train only 15 hours on the “Persons with Mental Illness” program.6 Paramedics are trained in crisis management and mental health first aid, but not to the extent of the experts.7 The Grand Jury investigated whether Marin expects too much of first responders and whether the County does enough to support first responders and those struggling with these growing social issues.

Through its investigation, the Grand Jury asked:
● Should a resident suffering a mental health crisis be faced with a uniformed presence with a badge and a gun?
● Should someone suffering from a night of binge drinking rely upon an expensive bed in the ED and hospital staff to help them recover from their inebriated state? ● How can the County improve services, protocols, and training of paramedics if it does not know if the treatments given to those taken to the ED were the best option? ● Does the County have the right equipment to ensure first responders can receive 911 calls if communications go down in an extreme emergency?
The Grand Jury reviewed several County services that work hand-in-hand with first responders.

These services include a mobile mental health unit, street response teams, a recovery center, and hospital EDs. Most of these services are triggered directly or indirectly by a 911 call from the public.
4 Bureau of Labor Statistics, U.S. Department of Labor, “Occupational Outlook Handbook, Substance Abuse, Behavioral Disorder, and Mental Health Counselors”, https://www.bls.gov/ooh/community-and-socialservice/substance-abuse-behavioral-disorder-and-mental-health-counselors.htm, (accessed 5/1/2025). 5 Bureau of Labor Statistics, U.S. Department of Labor, “Occupational Outlook Handbook, Social Workers”, https://www.bls.gov/ooh/community-and-social-service/social-workers.htm, (accessed 5/1/2025). 6 Carmen Lee, PWDF Program Coordinator for Public Awareness and Education, “California Enacts Mental Health Training for Peace Officers,” People with Disabilities Foundation, Fall 2015, https://www.pwdf.org/updatecalifornia-enacts-mental-health-training/, (accessed 4/27/25). 7 Lifeline EMS, “How EMS Providers Support Mental Health Emergencies,” Lifeline EMS, section 12, January 18, 2024,
https://lifeline-ems.com/how-ems-providers-support-mental-health-emergencies/#:~:text=EMS percent20providers percent20receive percent20specialized percent20training,collaboratively percent20with percent20mental percent20health percent20professionals, (accessed 5/1/2025).

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 3 of 19
The Center for American Progress and the Law Enforcement Action Partnership analyzed 911 calls across the country and discovered that approximately 23 to 39 percent were low-level calls that could likely be managed without police or fire personnel.8 The Grand Jury believes these calls present an opportunity to provide alternative options for first responders that do not have to involve jail or a hospital ED.

This report focuses on four areas of potential improvement:
● Handling street crises with alternative resources
● Using sobering beds to manage non-violent drug or alcohol intoxication ● Improving data sharing to evaluate emergency and social services and paramedic performance
● Ensuring first responders have communication options that enable them to perform their jobs without delay or disruption in the event of a crisis

APPROACH
The Grand Jury reviewed academic publications, news reports, previous Grand Jury reports, and government documents. The Grand Jury conducted tours and interviews, including but not limited to:
● Law Enforcement personnel and leaders
● Fire, Paramedic, and Emergency Management Services clinicians and administrators ● County of Marin Health and Human Services (HHS) clinicians and administrators ● Clinical and administrative staff of MarinHealth Medical Center and the Marin Healthcare District Board of Directors
● County department leaders
● Non-profit and support organizations
8 Amos Erwin, Betsy Pearl, “The Community Responder Model, How Cities Can Send the Right Responder to Every 911 Call,” The Center for American Progress, executive summary, October 28, 2020, https://www.americanprogress.org/article/community-responder-model/, (accessed 5/1/2025).

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 4 of 19

DISCUSSION
Support Teams
A 2023 report by The Associated Press found 14 of the 20 most populated U.S. cities had some form of non-police response team.9 Marin County’s Behavioral Health and Recovery Services (BHRS) started a mobile mental health team in 2016 with funding from a state grant. The service has been expanded over the years with the help of county and federal dollars.10 This team of crisis specialists is called the Mobile Crisis Response Team (MCRT) and includes licensed mental health clinicians, social service workers, and peer counselors. This team has three cars and one van at its disposal, as well as additional support personnel.

According to BHRS statistics, in Fiscal Year 2024. MCRT received 3,042 calls. Approximately 66 percent of the calls were handled on the telephone, while 34 percent of the calls were addressed in person. In the first ten months of Fiscal Year 2025, the team has already received 2,852 calls. Thirty-two percent of those calls required field responses, with the remaining 68 percent handled on the telephone. Forty-seven percent of the calls to MCRT in the last two fiscal years came from San Rafael and Novato.11
While the MCRT provides long-term mental health and social services follow-up, there is another kind of alternative response team operating in some Marin communities, called Specialized Assistance For Everyone (SAFE) teams. These teams provide immediate emergency crisis intervention and response to a 911 call.

SAFE is based on an Oregon model called Crisis Assistance Helping Out On The Streets, or CAHOOTS, designed to divert people from the criminal justice system.12 Petaluma People Services Center (PPSC) started a SAFE team in Petaluma in 2021.

In 2023, San Rafael turned to the SAFE team model provided by PPSC because MCRT could not meet the growing need facing first responders. San Rafael needed more help and was able to benefit from a one-time grant from the American Rescue Plan Act.

The San Rafael SAFE team’s primary objective is to build trust and connect with individuals in distress. This emergency crisis and intervention team is composed of a trained crisis individual with lived experience and an emergency medical technician (EMT). The team also has additional 9 Jennifer Peltz and Jesse Bedayn, “Many Big Cities Now Answer Mental Health Crises Calls With Civilians - Not Police”, Associated Press, August 27, 2023,
https://apnews.com/article/mental-health-crisis-911-police-alternative-civilian-respondersca97971200c485e36aa456c04d217547, (accessed 5/12/25). 10 Richard Halsted, “Marin County Expands Mobile Crisis Services,” Marin Independent Journal, January 30, 20024, https://www.marinij.com/2024/01/27/marin-county-expands-mobile-crisis-services/, (accessed 5/1/25). 11 HHS Operational Report statistics provided to the Marin Civil Grand Jury for Fiscal Years 2024 and 2025. 12 Ben Adam Climer, “The Report on the Implementation of an Integrated Health Response Team - Marin County,” Critical Responses in Supportive Integrative Services Consulting, July 5, 2022, https://publicrecords.cityofsanrafael.org/WebLink/DocView.aspx?id=34816&dbid=0&repo=CityofSanRafael, (accessed 3/28/2025).

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administrative and clinical support.13 SAFE team members dress in street clothes, carry granola bars rather than guns, and respond to individuals needing crisis counseling, shelter, transportation, or minor medical care. The team also carries a police radio for use if the call becomes a safety issue and can follow up with referrals to social and mental health services.14 The Grand Jury finds the results of San Rafael’s SAFE team, now in the last year of a three-year pilot program, have been overwhelmingly positive.

During the first full year of operation in 2024, the SAFE team handled 8.28 percent of calls that would have been handled by San Rafael police officers, as shown in Figure 1. Based on an approximately $700,000 annual contract, the 2024 cost per call for the SAFE team was $232.

Figure 1 - 2024 San Rafael Safe Team Calls for Service (CFS) Volume Source: San Rafael Police Department 2024 Annual Report Sending in the SAFE team rather than San Rafael police officers resulted in 68 emergency department diversions, 42 jail diversions, and 103 ambulance diversions.15 The cost savings achieved by these diversions can be significant. For example, PPSC reported that in the two years SAFE teams have operated in Sonoma and Marin communities, avoiding emergency department visits alone has offset over $2.5 million in costs to regional hospitals. However, interviewees agreed that the greatest value of the SAFE teams is more appropriate service to the public and better use of police resources, not financial savings.

Encouraged by the success of the San Rafael program, Novato has also contracted for a SAFE team. Novato’s SAFE team started operating April 1, 2025, 8:00 a.m. to 8:00 p.m., Tuesdays through Saturdays. The budget for this limited program is approximately $500,000 per year 13 City of San Rafael Safe Team Services Agreement, p. 3 of Exhibit A-2. 14 Ben Adam Climer, “The Report on the Implementation of an Integrated Health Response Team - Marin County,” Critical Responses in Supportive Integrative Services Consulting, July 5, 2022, p. 16, https://publicrecords.cityofsanrafael.org/WebLink/DocView.aspx?id=34816&dbid=0&repo=CityofSanRafael, (accessed 3/28/2025).
15 Based on operational data provided by the City of San Rafael.

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using grant funding from county, state, and federal governments. After the first year, the cost will be borne solely by the City of Novato, which is continuing to seek alternative funding.16 Because Novato’s ambulance services answer to a different taxing body, the Novato Fire Protection District (NFPD), the Grand Jury believes the potential ambulance diversions by the SAFE team would benefit the NFPD. This benefit could warrant a financial contribution from the NFPD to support the SAFE team.

Ongoing funding is a challenge for all SAFE programs. The San Rafael SAFE team costs approximately $700,000 annually to operate one full-time team 12 hours a day, seven days a week, 365 days per year.17 To keep the program going, the City of San Rafael must shoulder the cost or find other funding after the three-year pilot concludes March 28, 2026.

Marin’s cities have relied on one-time funding sources, like cannabis tax revenue and the American Rescue Plan Act. Other regions have secured funding through community tax measures like Sonoma County’s Measure O, which provides $25 million a year from a sales tax hike for mental health programs and homelessness.18 Elected officials interviewed do not believe increasing local sales tax is a good option. A slight increase in property taxes might be workable if other permanent funding cannot be found. With federal dollars drying up, the onus is on the state, county, and cities to find permanent funding. Continuing to exist on grants alone can be precarious, administratively cumbersome, and time-consuming.

There is an advantage to local control over a SAFE team because of the immediacy of response and the success seen in multiple jurisdictions. The County, however, may have the advantage over a single municipality when it comes to receiving competitive grants.19 The County has a broader jurisdictional reach, a larger and richer applicant base, and is better equipped to identify and access governmental and non-governmental funding opportunities, and is in a position to assure county-wide coverage.

Novato’s SAFE team is in its first months of operation, so there are few statistics to review, and hours of coverage are limited. Despite this, based on the experience from the San Rafael SAFE team, the number of emergency calls requiring police intervention should be reduced.

Interviewees say a second San Rafael SAFE team could handle three to four percent of uncovered overnight calls and/or provide overlap for peak periods during the day. An evaluation is underway to determine the flow of calls versus the SAFE team’s availability, which will 16 City of Novato Staff Report cc24-181, City Council of Novato Meeting, November 19, 2024, P. 3, https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2984664/cc24-181_SAFE_Contract.pdf (accessed 5/1/2025).
17 City of San Rafael Safe Team Services Agreement, p. 1 of Exhibit A-1. 18 County of Sonoma, “Measure O: County of Sonoma, Mental Health, Addiction and Homeless Services,” p. 1, https://sonomacounty.ca.gov/health-and-human-services/health-services/divisions/behavioral-health/aboutus/measure-o, (accessed 1/16/2025). 19 Amanda Hermans and Tomi Rajninger, “Local Governments with More Staff and Bigger Budgets Are More Likely to Win Federal Infrastructure Grants,” Urban Institute, May 6, 2024, p.1, https://www.urban.org/urban-wire/local-governments-more-staff-and-bigger-budgets-are-more-likely-winfederal#:~:text=Still%2C%20Urban%20Institute%20research%20has,its%20administrative%20capacity%20and%2 0budget, (accessed 5/5/2025).

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determine if an overlapping team is necessary. Southern and Western Marin would also benefit from SAFE teams and an expansion of the MCRT. The Grand Jury has been advised that some data tracking is already underway outside of Novato and San Rafael to determine if there is a need for a SAFE team beyond those cities. The biggest issue is finding the money. The Grand Jury believes it is an issue well worth addressing.

Sobriety Centers
Marin has the same concerns as any other county when it comes to dealing with drug and alcohol issues. In Marin, accidental overdose is the leading cause of death for people under 55.20 While the number of non-fatal drug overdoses temporarily decreased in 2024, the projection for 2025 is an increase of approximately 16 percent.21
According to the 2022 Community Needs Health Assessment conducted by MarinHealth Medical Center, 23.4 percent of Marin residents report excessive drinking versus 18.1 percent for the State of California.22 A random review of the Marin County Public Booking Log maintained by the County Jail found that 22 percent of the 246 incarcerated individuals on a particular day were booked for Driving while Under the Influence (DUI), Drunk and Disorderly, or Under the Influence of Drug charges.23 While DUIs require police intervention and arrests, the crimes of alcohol or drug intoxication alone can be addressed by placing the person arrested in a bed in a sobering center rather than in the County Jail.

As its name suggests, a sobering center is a facility designed for short-term stays for individuals recovering from the effects of extreme alcohol and/or drug intoxication. It allows individuals to get sober in a safe environment, monitored by medical personnel and staff who are often in various stages of recovery themselves. This setting provides shelter, meals, monitoring, and access to social programs and/or organizations to assist in addressing a particular addiction. A sobering center is a far better option than jail or hospital EDs.

Sobering centers also benefit the community and provide multiple efficiencies for understaffed police departments and ED personnel. The cost for up to six hours in a local sobering bed is 20 OD Free Marin. Data Dashboard - Marin County Overdose Data. Community-based coalition in partnership with the Health and Human Services Department, https://odfreemarin.org/data-dashboard/, originally created 04/22/2023, (accessed 05/05/2025).
21 OD Free Marin. Data Dashboard - Non-Fatal Opioid Overdose. Community-based coalition in partnership with the Health and Human Services Department, 4/11/2023, updated 5/5/25, https://odfreemarin.org/data-dashboard/, (accessed 5/5/2025).
22 MarinHealth Medical Center in conjunction with Healthy Marin Partnership. Conducted by Community Health Insights,”2022 Community Needs Assessment”, Table 13 - County health behavior indicators compared to state benchmarks, https://www.mymarinhealth.net/documents/content-assets/about-us/2022-Community-Health-NeedsAssessment.pdf, page 41, (accessed 5/01/2025). 23 County of Marin, “Public Booking Log”, Currently in Custody section, https://apps.marincounty.org/bookinglog, (accessed 4/08/2025).

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$302,24 while the cost of an average arrest is between $6,900 to $15,400.25 Diverting the publicly intoxicated allows law enforcement to focus on more serious crimes. Inebriated persons recovering in a sobering center instead of being taken to an ED avoid the average visit cost of $2,715 and enable hospital personnel to treat more severe medical issues.26 A San Francisco study conducted in 2002 reported that inebriated individuals spent 48 percent more time in EDs than non-intoxicated people.27 A study conducted in 2019 estimated that diverting 50 percent of alcohol-related visits from EDs to sobering centers could save the United States up to $1 billion annually.28
Sobering centers have been in existence since the 1960s and are currently enjoying a resurgence in communities seeking alternative solutions for publicly intoxicated individuals. The sobering center concept is certainly not new to Marin County. A previous Grand Jury published a report in 2013 supporting the establishment of a standalone sobering center in Marin.29 While a standalone sobering center was not established, the County contracts for sobering beds with the Helen Vine Recovery Center (Helen Vine), owned by Buckelew Programs, which has substantially broadened its service offerings since 2011.

Helen Vine is a licensed, non-medical, co-ed facility that operates 24/7. Two of its 30 beds are paid for by the County and specifically dedicated for up to six-hour increments for sobering.

Helen Vine serves as a gateway to obtain services for community members seeking to overcome most addictions. The programs offered by Helen Vine range from the recently introduced Respite Program, monitoring for several hours up to 10 days, to withdrawal management, to residential sober living. In 2026, Helen Vine will be opening an additional residential facility in San Rafael to address not only alcohol and drug addictions, but some minor mental health issues as well.

The Grand Jury uncovered a discrepancy between police perception of Helen Vine’s bed availability and Helen Vine’s actual capacity. A number of police departments routinely cite being turned away from Helen Vine because of “full capacity” issues. Interviewees suggest law enforcement officers are dropping off fewer intoxicated individuals at Helen Vine than in previous years due to a perception that beds are not available. Between July 1, 2024, and March 24 HHS Contract with Buckelew Programs, Second Amendment to Contract by and between the County of Marin and Buckelew Programs, Helen Vine Recovery Center, Respite Program, CPT Codes and Rates, Exhibit B-2. 25 Priscilla Evelyn Hunt, Jessica Saunders, and Beau Kilmer, “Estimates of Law Enforcement Costs by Crime Type for Benefit-Cost Analyses”, Cambridge Press, December 5, 2018, https://www.cambridge.org/core/journals/journalof-benefit-cost-analysis/article/abs/estimates-of-law-enforcement-costs-by-crime-type-for-benefitcostanalyses/0A1A55F70324FDBAA947FF1F18AA1B74, (accessed 4/01/2025). 26 Brianne Smith, DNP, PhD, “Emergency Room Visit Cost With and Without Insurance” (2025 Update), Mira, Inc., 02/25/2025, https://www.talktomira.com/post/how-much-does-an-er-visit-cost (accessed 4/15/2025). 27 Ilene Lelchuk, “Homeless Alcoholics Clog ER/S.F. Hospital Forced to Turn Away Others”, 1/19/2023, SFGATE, https://www.sfgate.com/health/article/Homeless-alcoholics-clog-ERs-S-F-hospitals-2678559.php# (accessed 5/23/2025).
28 Claudia Scheuter et al., “Cost Impact of Sobering Centers on National Health Care Spending in the United States,” Translational Behavioral Medicine 10, no. 4 (August 2020): pp. 998–1003 29 2012/13 Marin County Civil Grand Jury Report, “A Sobering Center in Marin - One Small Step to Solving a Big Problem”, 2/22/13, Public Release Date - 2/28/13.

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31, 2025, a HHS Utilization report indicated only 16 bed days were used for police drop-offs at Helen Vine.30
While the Grand Jury could not definitively validate the reason for the discrepancy, interviewees indicated the issues may be a lack of communication, simple miscommunication, or an imperfect interaction. Strong communications between law enforcement and sobering centers are critical.

Police need to quickly assess the best solution for intoxicated individuals, and one bad or less than desirable experience at any sobering center can sour an entire police department on a sobering center’s performance.31 If new or existing employees at Helen Vine are not fully educated in or do not comply with admittance policies and turn away a police officer, the end result can be a permanently negative impression. A single, unanswered voicemail can also have the same result. If a sobering center is not viewed as a viable option for inebriated individuals, newly hired police officers, who represent a significant number of officers in Marin County, may not even be aware of its existence. Better data is needed to understand why and if police are being turned away.

Whatever the reason for the discrepancy in the availability of sobering beds, the good news is that Helen Vine has recently hired two personnel to navigate the various County services available to clients. Among other responsibilities, their duties include proactively reaching out to all law enforcement and Marin hospitals. The intent of the outreach is to educate and establish a communications link between Helen Vine and police departments, as well as between Helen Vine and hospitals. While this effort has just begun, the Grand Jury encourages Helen Vine to continue this course of action and also expand its outreach to other community support groups (e.g., SAFE Teams in San Rafael and Novato, MCRT, etc.). The Grand Jury also suggests that Helen Vine contact the Marin County Police Chiefs Association, which represents all 11 municipalities. Similarly, Marin police departments should contact Helen Vine to better understand not only the sobering bed options but also the other comprehensive programs offered.

The ultimate goal is better use of sobering beds at Helen Vine. Law enforcement should be encouraged to see Helen Vine as the first option. Increasing the number of individual drop-offs at Helen Vine allows law enforcement and ED personnel to focus on more serious crimes and medical care, and reduces the number of time-consuming, expensive arrests and ED charges. A further bonus is that individuals taken to Helen Vine are introduced to trained professionals, social services, and recovery programs that are ultimately better suited to address chronic addiction issues.

The Grand Jury recommends enhanced communications between law enforcement and Helen Vine to achieve full utilization of sobering beds.
30 HHS Helen Vine Utilization Report Extract, 07/01/2024 - 03/31/2025. Operations report provided by HHS, 4/28/2025.
31 International Association of Chiefs of Police, “Sobering Centers Implementation Guide”, Section 3.4 Proactive Outreach, p. 14. https://www.policinginstitute.org/wp-content/uploads/2023/07/Evaluating-the-Utility-of-SoberingCenters_Project-Summary_FINAL.pdf, (accessed 4/28/2025).

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Data Exchange Between Emergency Medical Services and Emergency Departments
Planning for the future, justifying more resources for first responders, and better training are highly dependent upon timely, accurate, and detailed data for each emergency event.32 The Marin hospitals have been asked by EMS to commit to a bidirectional data sharing through an ambulance services agreement. The three hospitals are MarinHealth Medical Center, Kaiser Permanente San Rafael Medical Center, and Novato Community Hospital.

In 2017, the Office of the National Coordinator for Health Information Technology published a report discussing the advantages of integrating EMS services data with local hospital data to optimize patient care. This report outlines a model referred to as SAFR, which is reliant on electronic data exchange:33
● Search – Capture individuals’ previous interventions for past medical history, medications, allergies, and end-of-life decisions.
● Alert – Alert the receiving hospital about an individual’s status directly onto a dashboard in the ED to provide decision support and prepare for an individual’s arrival, especially for conditions requiring time-sensitive treatment or therapy, such as trauma, heart attack, or stroke.
● File – Provide the sequence of medical events to better assess the best disposition for a given person (e.g., mental health crisis unit, outpatient sobriety center, community clinic, etc.)
● Reconcile – Build a database of clinical information for reviewing quality of care in the field locally, as well as submission to state and national organizations.

Establishing this clinical data exchange would ultimately support the emerging paramedicine model.34 Paramedicine is expanded prehospital care that capitalizes on the skills of the EMS professionals in the County ambulances and fire trucks. Alameda County implemented such a model, which aims to coordinate care for 911 callers to avoid emergency room admissions and refer them to appropriate community resources.35
32 Jan Green, EMS and Information Sharing The Office of the National Coordinator for Health Information Technology, “Emergency Medical Services Data Integration to Optimize Patient Care”, January 2017, https://www.annemergmed.com/article/S0196-0644(14)00524-1/fulltext, pp. 5-7, (accessed 5/14/2025). 33 Challenges and Innovations in Getting Patient Data From the Ambulance to the Emergency Department and Back, News and perspective, Volume 64, Issue 2p A15-A17August 2014, https://www.annemergmed.com/article/S0196- 0644(14)00524-1/fulltext, (accessed 5/13/2025).
34 Erik Christiansen, “Mobile Integrated Health Care - Community Paramedicine”, Wauconda County Fire Protection District, https://www.lakecountycf.org/wp-content/uploads/2022/06/LCCF-Funder-Presentation-MIH2022-.pdf, (accessed on 5/12/2025). 35 JEMS Staff, “Alameda County EMS Adopts Pre-Hospital Records and Hospital Interoperability Software from Beyond Lucid Technologies for its Community Paramedicine Program”, Journal of Emergency Medicine, August 26, 2015, https://www.jems.com/mobile-integrated-health-and-community-paramedicine/alameda-county-ems- Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 11 of 19
There is an urgent need for the same-day electronic exchange of patient information between the Marin Fire/EMS ambulances and the three receiving hospitals. First, staff in the EDs would be better informed to treat patients during a 911 event and better able to assess clinical outcomes to support training following an ED admission. Second, data about the final disposition of the patient (e.g., discharged home, delivered to sobriety center, etc.) is lacking. In preparing this report, it was difficult to gather Marin-specific outcome and disposition data. This information would be crucial to better plan and assess the needs for County resources.

County EMS is currently seeking to establish the first stage of an electronic data exchange. The plan under consideration is to create a system that allows paramedics to input how and what they are doing to treat patients on the scene into a system shared by the hospitals. This would allow ED doctors to access all care given before the patient arrives in the ED. Once the patient is dropped off, the exchange of data would then allow paramedics and EMS leadership to access and review care given in the field for quality assurance and training. The exchange will also provide the County with valuable information about patient disposition (e.g., discharged to home, left against medical advice, referred to mental health, etc.).

The Grand Jury believes data exchange must be done now. As of the writing of this report, the three hospitals and EMS have just recently signed an agreement to participate in the data exchange. However, reaching an agreement is only the first step in a multi-step process to implement the data exchange. The Grand Jury encourages all parties to work diligently and quickly to begin sharing data that will lead to better services for the residents of Marin.

Emergency Backup for Dispatch Centers
In July of 2024, Marin Fire opened a consolidated fire dispatch center in the same location as the Marin County Sheriff’s (County Sheriff) dispatch at 1600 Los Gamos Drive in San Rafael (Los Gamos). Marin Fire dispatch was supposed to be connected with a new statewide 911 system called NextGen911.36 The system was to bring the current, 40-plus-year-old 911 infrastructure into the twenty-first century, anchored in a computing cloud rather than solely wired into buildings.37 Computing clouds are collections of computer servers where documents, applications, and services are stored, can be processed, and can be reached from anywhere via the Internet.38 Just weeks before go-live, Marin Fire had to change course. California’s NextGen911 was not ready, forcing Marin Fire to rely upon old equipment and the reliable copper wire phone lines (hard-wire) that have delivered emergency calls to dispatchers for years. adopts-pre-hospital-records-and-hospital-interoperability-software-from-beyond-lucid-technologies-for-itscommunity-paramedicine-program/, (accessed 5/13/2025). 36 Operational information in this report was acquired through interviews with staff and leadership in the County Fire Department, County Sheriff’s Department, Office of Emergency Management, and County Emergency Medical Services.
37 CDI L.R. Kimball, “NG9-1-1 Transition Plan”, Cal OES, June, 2017, p. 2, https://www.caloes.ca.gov/wpcontent/uploads/PSC/Documents/0001-NextGeneration911TransitionPlans.pdf, (accessed 2-5-2025). 38 https://cloud.google.com/learn/what-is-public-cloud, (accessed 2/11/2025).

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The promise of NextGen911 is mobility, fewer wires, more satellites, additional cell towers, access to the Internet, and the ability for 911 services throughout the state to interact and back up each other in the event of a disaster. The reality is an ambitious project struggling to meet its promise. In November 2024, California's 911 Advisory Board put NextGen911 on hold after multiple delays.39 NBC Bay Area News reported this fall that the new system was plagued by technical problems, budget overruns, and the loss of its project manager.40 All of this is now under review, with no estimate of when the new system will go live.

The good news is Marin Fire was able to withdraw from the NextGen911 agreement, return equipment, and have the $300,000 allotted for the County’s NextGen911 transition restored to its state “account” for future use. The bad news is that Marin Fire dispatch has no formal backup system in the event Los Gamos is incapacitated by a catastrophe. While this is concerning, County safety officials believe they have some time to correct the situation.

When the dispatch centers were upgraded and consolidated, the County also upgraded its overall Emergency Operations Center at the Los Gamos location. Using local partnerships and federal funding, improvements include upgraded technology, expanded capacity, and three Starlink systems for internet redundancy. The changes are meant to speed information sharing, coordinate response, and enhance communication with the public through channels like AlertMarin notifications. But it does not provide back-up to receive and dispatch calls during an emergency in which Los Gamos is not operable.

Los Gamos is, simply put, a beast! During the upgrade to bring Marin Fire’s dispatch operations into the building, interviewees say it took over a month to jackhammer a hole in a wall to install a door. Some walls are 18 to 36 inches thick. In the event of a disaster, there are redundant generators and space to live and eat should it be necessary. County safety officials expressed overwhelming confidence in the building's ability to survive the most likely disasters to befall it.

If the building cannot be used, mutual aid is available from the state. The problem is that the County could be one of many seeking help, depending on the crisis. Interviewees agreed it is essential to have local options in the event Los Gamos cannot be used.

For almost 20 years, the County Sheriff has relied on an aging mobile van for remote command needs or in the event Los Gamos becomes inaccessible. Law enforcement can drive to a secure location, power up antennas and three computers, and coordinate law enforcement’s response. 39 Donny Jackson, “California statewide deployment of NG911 ‘on hold’ pending project assessment,” Urgent Communications, 11/22/24, https://urgentcomm.com/911/california-statewide-deployment-of-ng911-on-holdpending-project-assessment,(accessed 2/5/2025). 40 Candace Nguyen, Michael Bott, and Jeremy Carroll, “CA’s ‘disastrous’ Next Gen 911 rollout delaying life-saving help, records show,” NBC Bay Area, November 13, 2024, updated January 14, 2025, https://www.nbcbayarea.com/investigations/california-next-gen-911-rollout-delaying-life-saving-help/3707544/ (accessed 2/5/25).

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While with some work, the van might be able to take some 911 calls, it is not well equipped as a dispatch alternative for law enforcement and fire.

In addition, the County Sheriff’s office can transfer dispatch calls to the San Rafael police dispatch team, which is located within five miles and about nine minutes away from Los Gamos.

Marin Fire cannot. The city police teams still dispatching their own calls do not have the tools and training to dispatch ambulance and fire calls, which require a different knowledge set and equipment. Also, not all the city police who still dispatch their own calls are on the same system as either the County Sheriff’s or Marin Fire’s dispatch. Novato, for example, would not be able to take and dispatch County Sheriff or Marin Fire calls because Novato’s dispatch uses a different software system.

An option for Marin Fire is to enter an agreement with a neighboring county, like Sonoma, to back up each other. That discussion is now underway. Sonoma’s REDCOM Joint Powers Authority has the capability to dispatch ambulance and fire calls operating from Santa Rosa, 36 miles away and about 34 minutes from the Los Gamos facility. The County can do the same for Sonoma. These services might only be needed as a stopgap while dispatchers and command move to a new location.

Other cities, faced by a need for backup options, use alternate centers, or locations away from the main center that are wired and outfitted with a complete set of equipment and software needed to take and dispatch calls.41 These remote centers are tested regularly to ensure equipment will work in the event of an emergency.42 Dispatch stations can be housed in one or multiple remote locations, like libraries, other county offices, etc.

Current County firehouses are not large enough to accommodate back-up dispatch facilities. The project to build a new fire headquarters in San Geronimo could provide potential redundancy, but the facility would be in a high fire area, require transport over hills, and would not provide near-term help.

While there have been discussions about alternate sites for dispatch back-up, roadblocks abound.

Most of Marin is bordered by water. Getting in and out of the county depends upon bridges to the east and south, some of which have been impassable in past disasters. The San Andreas fault straddles the west, and the Rogers Creek fault, part of the San Andreas fault zone, runs through Novato, a major path to the north. High-powered gas, water, and electric lines flow through Novato to the rest of Marin. Interviewees say no critical infrastructure comes from the south. 41 Vance County, North Carolina, “Backup 911 Center,” https://www.vancecounty.org/backup-911-center/, (accessed 3-28-25).
42 Blue Wing, “Dispatch Center Overview Public Safety Communications System Assessment and Design Report,” Broome County, New York, June 28, 2012, https://broomecountyny.gov/sites/default/files/dept/e911/pdfs/8 percent20Broome percent20County percent20dispatch percent20center percent20section3 percent20overview.pdf, (accessed 2/25/2025).

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Without the bridges, everything comes through Highways 101 and 37. Figures 2 and 3 give a visual depiction of the constraints for alternate dispatch locations.

Figure 2: Marin County Routes of Travel
Figure 3: Marin County Hazards Maps: Fire threat (left) Earthquake Faults (right) Source for Figure 2 and 3: Marin Fire Department Office of Emergency Management Marin County Hazard Map https://experience.arcgis.com/experience/7818c52a0dd44fa7843f8631d8193b0f Many Marin roads are narrow once you leave the highway corridor, and are not built for heavy equipment that might be needed in an emergency. The Office of Emergency Services recently purchased a box truck to carry heavy equipment across the county, but it had to be smaller than desired to manage county roads. An alternate dispatch site might make more sense in Petaluma or farther north, where larger trucks can deliver more items and heavier items into position for transfer into Marin piecemeal. This would mean a building and land that can accommodate and store big equipment, as well as redundant dispatch systems, all of which would be expensive.

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There’s another issue: how to get employees into the County to answer the hard-wired dispatch telephones. According to the Marin County Human Resources department, nearly 61 percent of County employees live outside Marin. Getting them into Marin during a catastrophic event will not be easy. If that event is confined to Marin, getting them to a county north of Marin would be easier.

The option that emergency experts point to as the most cost-efficient and most immediately available is a mobile communications van. While a new van would be similar to what the County Sheriff uses, something better equipped to take and dispatch calls is required. Marin Fire has priced out a communications vehicle similar to that used by Cal Fire, which could house dispatchers for both law enforcement and fire. The nearly $2 million cost is significantly less than the cost of building an alternate site.

Figure 4: Mobile Communications Van
Source: Marin County Fire Department
Figure 5: Mobile Communications Van Interior Rendering
Source: Marin County Fire Department with permission from Frontline Communications, a division of Pierce Manufacturing The modified RV would still require being hooked into a hard-wired telephone landline under current conditions. Marin Fire is due to replace its phone system. The County Sheriff is nearly Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 16 of 19
due for a new phone system as well. These systems could be paid for using the 911 surcharge Californians pay monthly for each telephone used. The individual 911 surcharge for 2025 is 41 cents a month. The County Sheriff receives funds every five years based on annual call volume.

Law enforcement is the primary Public Safety Answering Point (PSAP) in the County, so all 911 calls go through them first. Marin Fire also receives funds based on annual call volume as a secondary PSAP, dispatching fire and ambulance calls. While the County Sheriff receives more calls and thus, more funding, interviewees estimated Marin Fire’s share at nearly $300,000, close to the cost of upgrading the phone system.

Interviewees say it would make sense if the two departments sharing Los Gamos aligned their two separate phone systems. It would make it easier to back each other up, provide an economy of scale, and allow for a chance to change the current hard-wired system to a hybrid that allows for more mobility. That mobility is a laptop which uses Voice Over Internet Protocol (VOIP) software, the laptop speaker, and the microphone to turn the laptop into what is referred to in the industry as a “softphone.”43 Currently, Marin Fire is in discussions with vendors to select a new system that would allow dispatch to go mobile if needed, accessing the best of both the hardwired and Internet Protocol (IP) worlds.

The information provided by the experts leads the Grand Jury to conclude that the mobile option is the most cost-effective and quickest option to bring online.

CONCLUSION
Allowing first responders to focus on their core competencies is a benefit to both them and the community. The County has made a good start by utilizing mental health experts through the MCRT, utilizing SAFE teams for many social issues, and contracting for sobering beds in lieu of ED beds. The Grand Jury believes these actions can be expanded.

The County has gaps in the availability of data that hinder planning for the future. The Grand Jury believes there is an opportunity to close one gap with the first step of bidirectional data sharing between EMS and the area hospitals.

All of our emergency services require good communication, and in the event of a disaster, our first responders should have all the tools needed. Currently, they do not, and the Grand Jury believes there is a relatively cost-effective solution. 43 Robyn Coppell, “Top Ten Emerging Technologies in
Contact Centers,” Item # 5, modified 11/24/2024, CallCenterHelper.com, https://www.callcentrehelper.com/emerging-technologies-contact-centres-126387.htm, (accessed 3/31/2025).

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 17 of 19

FINDINGS
F1. Because the Specialized Assistance For Everyone (SAFE) team in San Rafael has proven to be an effective alternative for responding to 911 calls related to mental health crises, substance abuse, and homelessness, some police and fire resources have been freed to respond to critical calls.

F3. Because Novato’s Specialized Assistance For Everyone (SAFE) team hours are limited, some 911 calls related to mental health crises, substance abuse, and homelessness must be unnecessarily handled by police officers.

F4. Expanded hours of coverage for Novato’s Specialized Assistance For Everyone (SAFE) team would lighten the burden on Novato Fire’s Emergency Medical Services responders.

F7. Due to a lack of communication, miscommunication, and/or misunderstandings, dedicated beds at the Helen Vine Recovery Center are underutilized by Marin County law enforcement as an option for short-term sobering.

F8. Because a new statewide 911 system (NextGen911) has been significantly delayed, Marin County lacks appropriate backup resources for the emergency dispatch center at 1600 Los Gamos Drive in the event of a disaster.

F9. Because of geography, cost, and time-to-use, an emergency communications van is an effective and immediate option to fill the back-up dispatch gap in the event of a disaster until a new statewide 911 system (NextGen911) is available.

F10. The establishment of the bidirectional exchange of clinical information between Emergency Medical Services and area hospitals is crucial to the assessment of emergency event treatment as well as planning for the best use of ambulance and public health resources.

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 18 of 19

RECOMMENDATIONS
R1. By March 1, 2026, the Marin County Board of Supervisors should find a long-term funding source to fund Specialized Assistance For Everyone (SAFE) teams throughout the County.

R3. By December 1, 2025, the Novato Fire Protection District should contribute partial funding to the City of Novato for support of the Specialized Assistance For Everyone (SAFE) program.

R4. By December 1, 2025, the Marin County Chiefs of Police Association should advise their respective police departments to utilize the Helen Vine Recovery Center as the preferred drop-off option for intoxicated individuals and engage in an active introduction, education, and relationship with Helen Vine Recovery Center.

R5. By December 1, 2025, the Marin County Board of Supervisors should request the Health and Human Services Department to amend its metrics to include a method for police departments to report when they have been turned away from delivering an intoxicated person to the Helen Vine Recovery Center.

R6. By March 1, 2026, the Marin County Board of Supervisors should seek funding for a new mobile communications van for the Marin County Fire Department, per department specifications.

R7. By December 31, 2025, the Marin County Board of Supervisors should require that the Department of Health and Human Services Emergency Medical Services make quarterly reports to the Board on the progress of the bidirectional data exchange until the program is fully implemented.

R8. By December 31, 2025, the Marin Healthcare District should make quarterly reports on the progress of the bidirectional data exchange at their public meetings until the program is fully implemented.

Marin County First Responders: Supporting Those Who Support Us Marin County Civil Grand Jury Page 19 of 19

REQUIRED RESPONSES
Pursuant to Penal Code section 933.05, the Grand Jury requires responses from the following governing bodies:

From the following governing bodies within 90 days:
● The Marin County Board of Supervisors (F5-F6, F8-F10, R1, R5-R7). ● The City Council of San Rafael (F1-F2, F5-F6, R2)
● The Novato Fire Protection District (F3-F4, R3)
● The Marin Healthcare District (F10, R8)
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act.

INVITED RESPONSES
● The Marin County Police Chiefs’ Association (F7, R4)
Note: At the time this report was prepared information was available at the websites listed.

Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 7.c
Meeting Date: September 2, 2025

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community & Economic Development
Prepared by: Greg Minor, Assistant Director City Manager Approval: ______________ TOPIC: RESPONSE TO THE GRAND JURY REPORT ON HOUSING
SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT TITLED “THE WORRISOME FUTURE OF MARIN HOUSING: NIMBY RESISTANCE TAKES A

BACKSEAT TO ECONOMIC REALITY
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report titled, “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality.” BACKGROUND:

The City is required to respond to a Grand Jury Report. Penal Code Section 933(c) states in part:
“No later than 90 days after the Grand Jury submits a final report…the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body.” To comply with this statute, the City’s response to this Grand Jury report must be approved by resolution of the City Council and submitted to the Presiding Judge of the Marin County Superior Court and the Foreperson of the Grand Jury on or before September 24, 2025. Staff have attached such a resolution as Attachment 1.

On June 24, 2025, the Marin County Civil Grand Jury released a report entitled “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” (Attachment 2). The Grand Jury report addresses the challenges confronting the development of housing in Marin County, particularly changes in state housing laws and economic factors outside of the control of local government.

This Grand Jury report can also be accessed at the following link:
https://www.marincounty.gov/node/23136?language=en.

The Grand Jury Report presents the following findings:

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• F1. Because the California Department of Housing and Community Development provided the County of Marin and the 11 Marin cities and towns with unrealistic housing goals for the 2023- 2030 cycle, the County of Marin and the 11 Marin cities and towns will not achieve their current cycle Housing Element goals.
• F2. The ability of the County of Marin and the 11 Marin cities and towns to comply with the current cycle California Regional Housing Needs Allocation housing goals is significantly impacted by the lack of economic returns associated with that development and, therefore, inhibits the construction of new housing in Marin County.
• F3. Under current state law, the failure of the County of Marin and the 11 Marin cities and towns to make adequate progress in achieving their California Regional Housing Needs Allocation goals could expose these jurisdictions to the potential of litigation, loss of permitting authority, financial penalties, court receivership, and streamlined ministerial approval processes which could substantially impact the ability of local housing jurisdictions to control the development of housing. • F4. The cost of housing in Marin County is unaffordable for most current and potential Marin County public-sector workers, which reduces the ability of the public-sector employers to attract and retain employees.
• F5. The County of Marin and the 11 Marin cities and towns do not consistently inform the public on how applicable state law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects, and therefore, the public often does not understand the range of options available to local housing decision makers.
• F6. The County of Marin and the 11 Marin cities and towns are not consistently providing developers and the public with detailed reconciliation of project level public accounting of the planning fees, expenses, and time expectations, and therefore, housing developers are not clear if their housing applications are billed on a cost-neutral basis as required by state law. • F7. The County of Marin and the 11 Marin cities and towns are not consistently and proactively engaging the housing development community on the opportunities available in their communities to build new housing, and, therefore, housing developers may not be aware of the opportunities available to contribute to local housing development.
• F8. Accessory Dwelling Units are an element to the success of each jurisdiction's Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to Accessory Dwelling Unit construction. • F9. Multifamily housing is the most important element to fulfilling each jurisdiction’s Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to multifamily construction.

The Grand Jury Report also presents the following list of recommendations:
• R1. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to provide detailed quarterly updates to the community on the progress in executing their own specific Housing Element.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• R2. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to engage with the public on a quarterly basis on how State housing laws constrain the jurisdiction's ability to approve or modify a housing project.
• R3. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to proactively engage with potential developers to inform them of opportunities in their housing elements to support addressing the housing needs within Marin County. • R4. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to publish and regularly update a public accounting of the fees charged and expenses associated with each development project submitted to the jurisdiction’s planning and building activities. • R5. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure their housing laws provide a ministerial path for the approval of Accessory Dwelling Units. • R6. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure that local housing laws provide a ministerial path for the approval of multifamily housing in compliance with State housing law.

ANALYSIS:

Staff has reviewed the Grand Jury’s report and drafted the following responses to the report’s findings and recommendations.

Responses to Findings:

The Marin Civil Grand Jury has asked the City to respond to findings F1 through F9.

F1. Because the California Department of Housing and Community Development provided the County of Marin and the 11 Marin cities and towns with unrealistic housing goals for the 2023- 2030 cycle, the County of Marin and the 11 Marin cities and towns will not achieve their current cycle Housing Element goals.

Response: Disagree
The City disagrees with this finding. Pursuant to California Government Code Section 65580, the purpose of a Housing Element is for local governments to plan for and facilitate the development of housing through appropriate land use policies and zoning. The Housing Element is a planning document, not a mandate to build housing.

Furthermore, the City of San Rafael does not opine on whether the California Department of Housing and Community Development (HCD) provided unrealistic housing goals in the last Housing Element cycle. Rather, the City is focused on implementing its 6th Cycle 2023-2031 Housing Element and streamlining the processing of housing permit applications.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
F2. The ability of the County of Marin and the 11 Marin cities and towns to comply with the current cycle California Regional Housing Needs Allocation housing goals is significantly impacted by the lack of economic returns associated with that development and, therefore, inhibits the construction of new housing in Marin County.

Response: Disagree
The City disagrees with this finding. As noted in response to Finding One, the Regional Housing Needs Allocation (RHNA) is a planning requirement, not a production mandate. The state determines compliance not by the number of housing units built, but whether a local jurisdiction identifies housing needs, provides adequate zoning capacity, and implements policies and programs that facilitate housing development in alignment with California Government Code Sections 65580–65589.11. The Housing Element is intended to remove barriers and create opportunities for development through land use policy, not to guarantee economic returns or control market dynamics.

What’s more, whether developers are “significantly impacted by the lack of economic returns” is a question best answered directly by developers. That said, City staff keep an open line of communication with developers to understand any barriers they face. For example, in addition to regular interactions with developers, the Community and Economic Development Department staff participated in the Infill Builders Association forum with Marin County in the spring of 2025.

F3. Under current state law, the failure of the County of Marin and the 11 Marin cities and towns to make adequate progress in achieving their California Regional Housing Needs Allocation goals could expose these jurisdictions to the potential of litigation, loss of permitting authority, financial penalties, court receivership, and streamlined ministerial approval processes which could substantially impact the ability of local housing jurisdictions to control the development of housing.

Response: Partially Disagree
The City partially disagrees with this finding. State law authorizes HCD to enforce various state housing requirements. The City, however, cannot speak to whether the County of Marin and 11 Marin cities and towns will fail to comply with state housing requirements. Furthermore, it is important to clarify that such enforcement actions are primarily triggered by failure to adopt and implement a compliant Housing Element, not by the pace of actual housing production, which is largely driven by private market forces beyond local government control.

F4. The cost of housing in Marin County is unaffordable for most current and potential Marin County public-sector workers, which reduces the ability of the public-sector employers to attract and retain employees.

Response: Agree
The City agrees with this finding. The recent Rooted in Marin report includes a variety of data around the high cost of housing in Marin County, which has resulted in 64 percent of Marin County workers living outside of the county. Similarly, 67 percent of San Rafael’s regular full-time employees live outside of Marin County. The City of San Rafael notes that housing affordability challenges are not limited to public sector employees and employers, as housing affordability impacts the private sector as well.

F5. The County of Marin and the 11 Marin cities and towns do not consistently inform the public on how applicable state law is limiting or eliminating the discretion of the local decision makers SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
to modify or decline housing projects, and therefore, the public often does not understand the range of options available to local housing decision makers.

Response: Partially Disagree
The City partially disagrees with this finding, as the City cannot speak to whether the County of Marin and the 11 Marin cities and towns consistently inform the public on how applicable state law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects.

With respect to San Rafael, on March 17, 2025, the City Council held a Special Meeting on Recent Housing Legislation, and the City regularly updates its Major Planning Projects website with information on housing projects under review. Additionally, when development applications are presented at public meetings, City staff explain to the public how state laws apply to the project.

F6. The County of Marin and the 11 Marin cities and towns are not consistently providing developers and the public with detailed reconciliation of project level public accounting of the planning fees, expenses, and time expectations, and therefore, housing developers are not clear if their housing applications are billed on a cost-neutral basis as required by state law.

Response: Disagree
The City disagrees with this finding because it cannot speak for developers as to whether they are clear on whether they are billed as required by state law. Likewise, the City is unable to verify whether the County of Marin and the 11 Marin cities and towns are consistently providing developers and the public with a detailed reconciliation of project-level public accounting of the planning fees, expenses, and time expectations. That said, San Rafael supports government transparency with the public and ensuring City fees comply with state and federal law. At its June 2, 2025, meeting, the San Rafael City Council approved the most recent update to the citywide Master Fee Schedule.

F7. The County of Marin and the 11 Marin cities and towns are not consistently and proactively engaging the housing development community on the opportunities available in their communities to build new housing, and, therefore, housing developers may not be aware of the opportunities available to contribute to local housing development.

Response: Partially Disagree
The City partially disagrees with this finding, as the City cannot verify whether the County of Marin and the 11 Marin cities and towns are consistently and proactively engaging the housing development community on the opportunities available in their communities to build new housing.

F8. Accessory Dwelling Units are an element to the success of each jurisdiction's Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to Accessory Dwelling Unit construction.

Response: Partially Disagree
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
The City partially disagrees with this finding. The City agrees that ADUs are an element of the success of San Rafael’s 6th Cycle 2023-2031 Housing Element, which recognized ADUs as an essential part of the City’s housing stock and a sustainable housing option for older adults, students, multi-generational families, caregivers, and small households (Policy H-4.13: Efficiently Using the City’s Housing Stock). In 2024, in partnership with other Marin County jurisdictions, San Rafael supported expansion of the ADU Center to provide services to owners in Marin: https://www.cityofsanrafael.org/the-adu-center-expandsto-marin-county/ Moreover, San Rafael approves ADUs ministerially and provides the public with extensive information on its ADU website.

However, San Rafael cannot speak to whether ADUs are an element of the success for all 11 Marin cities and towns’ Housing Elements, and whether some jurisdictions fail to provide a ministerial path to Accessory Dwelling Unit construction.

F9. Multifamily housing is the most important element to fulfilling each jurisdiction’s Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to multifamily construction.

Response: Partially Disagree
The City partially disagrees with this finding. Multifamily housing is one of many elements needed to fulfill San Rafael’s Housing Element. San Rafael supports a range of housing product types, including multifamily housing, to reflect San Rafael’s diverse community needs. San Rafael provides a ministerial permitting process for multifamily projects in alignment with state laws. Whether a project is approved ministerially depends upon the type of application that is submitted.

Finally, San Rafael cannot speak to whether multifamily housing is the most important element to fulfill all 11 Marin cities and towns’ Housing Elements.

Responses to Recommendations:

The Marin Civil Grand Jury has asked the City to respond to recommendations R1 through R6.

R1. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to provide detailed quarterly updates to the community on the progress in executing their own specific Housing Element.

This recommendation will not be implemented because it is not warranted or reasonable. The City already provides the public with annual Housing Element progress reports, and requiring City staff to provide the same information quarterly will not further the City’s housing goals. Rather, adding additional reporting requirements will divert the City’s limited staff resources away from implementing Housing programs that increase housing options for San Rafael residents. Furthermore, the City provides the public with information on housing projects on an ongoing basis via the City’s Major Planning Projects website.

R2. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to engage with the public on a quarterly basis on how State housing laws constrain the jurisdiction's ability to approve or modify a housing project.

This recommendation will not be implemented because it is not warranted or reasonable. The City already provides the public with annual Housing Element progress reports, and requiring City staff to provide the SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
same information on a quarterly basis will not further the City’s housing goals. Additionally, when housing projects are presented at public meetings, staff describe how state laws apply to the projects.

Finally, the State Housing and Community Development Department is in the best position to update the public on state housing laws.

R3. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to proactively engage with potential developers to inform them of opportunities in their housing elements to support addressing the housing needs within Marin County.

This recommendation has been implemented. San Rafael is already implementing this recommendation.

As noted earlier, the City publicly identified specific sites for housing development in its 6th Cycle 2023- 2031 Housing Element, and the City provides site selection assistance on an ongoing basis to developers via the San Rafael GO program. Additionally, Community and Economic Development Department staff participated in the Infill Builders Association forum with Marin County in the spring of 2025.

R4. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to publish and regularly update a public accounting of the fees charged and expenses associated with each development project submitted to the jurisdiction’s planning and building activities.

This recommendation has been implemented. San Rafael is already implementing this recommendation.

Project accounting is publicly available in San Rafael’s online permitting platform, eTRAKIT.

R5. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure their housing laws provide a ministerial path for the approval of Accessory Dwelling Units.

This recommendation has been implemented. San Rafael is already implementing this recommendation.

More information regarding ADUs in San Rafael is available on its ADU website.

This recommendation has been implemented. San Rafael provides an option for ministerial approval for all Housing Element sites in compliance with state housing law.

CONCLUSIONS
The City is committed to providing more housing options at all income levels, as demonstrated in the City’s 2023-2031 Housing Element. While the City disagrees with many of the findings and recommendations of the Marin County Civil Grand Jury Report titled “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality,” the City appreciates that the Grand Jury took time to examine the critical issue of increasing the supply of housing in Marin County.

COMMUNITY OUTREACH:

The City’s 2023-2031 Housing Element was the product of an intensive public outreach program. The public outreach included three community workshops, eight Working Group meetings, eight briefings to the Planning Commission and City Council, a resident survey, a developer forum, focus groups, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
interviews, a youth/school program, and presentations to multiple neighborhood groups and communitybased organizations.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

OPTIONS:

The City Council has the following options to consider on this matter:

1. Adopt the resolution.

2. Adopt resolution with modifications.

3. Direct staff to return with more information.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving and authorizing the Mayor to execute the City of San Rafael’s response to the Marin County Civil Grand Jury Report titled, “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality.” ATTACHMENTS:

1. Resolution, with attached City Response to the Grand Jury Report

2. Grand Jury Report dated June 24, 2025
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE

RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT
ENTITLED “THE WORRISOME FUTURE OF MARIN HOUSING: NIMBY
RESISTANCE TAKES A BACKSEAT TO ECONOMIC REALITY”
WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final grand jury report addressing aspects of the public agency’s operations must, within ninety (90) days, provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson of the grand jury, responding to the report’s findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, Penal Code section 933.05 specifies the required contents of a city’s response to findings and recommendations of a civil grand jury; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin County Grand Jury Report, dated June 24, 2025, entitled “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality;” and WHEREAS, at a regular City Council meeting held on September 2, 2025, the City Council discussed the report’s findings and recommendations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby:

1. Approves and authorizes the Mayor to execute the City’s response to the Marin County Grand Jury’s June 24, 2025 report entitled “The Worrisome Future of Marin Housing:

NIMBY Resistance Takes a Backseat to Economic Reality,” a copy of which response is attached hereto as Attachment 1 and incorporated herein by reference.

2. Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the Marin County Superior Court, with a copy to the foreperson of the Marin County Grand Jury.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 2nd day of September 2025 by the following vote to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers: ______________________
LINDSAY LARA, City Clerk

RESPONSE TO GRAND JURY REPORT FINDINGS AND

RECOMMENDATIONS
REPORT TITLE: The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality
REPORT DATE: June 24, 2025
RESPONSE BY: San Rafael City Council

GRAND JURY FINDINGS
▪ We agree with the finding(s) numbered: F4
▪ We disagree wholly or partially with the finding(s) numbered: F1, F2, F3, F5, F6, F7, F8, F9

GRAND JURY RECOMMENDATIONS
▪ Recommendations numbered R1, R2 will not be implemented because they are not warranted or reasonable.
▪ Recommendations numbered R3, R4, R5, and R6 have been implemented.

Date: _____________________ Signed: __________________________ Mayor Kate Colin
ATTACHMENT 1
City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality”
September 2, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 7

RESPONSE TO GRAND JURY FINDINGS
F1. Because the California Department of Housing and Community Development provided the County of Marin and the 11 Marin cities and towns with unrealistic housing goals for the 2023-2030 cycle, the County of Marin and the 11 Marin cities and towns will not achieve their current cycle Housing Element goals.

F2. The ability of the County of Marin and the 11 Marin cities and towns to comply with the current cycle California Regional Housing Needs Allocation housing goals is significantly impacted by the lack of economic returns associated with that development and, therefore, inhibits the construction of new housing in Marin County.

City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality”
September 2, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 7 F3. Under current state law, the failure of the County of Marin and the 11 Marin cities and towns to make adequate progress in achieving their California Regional Housing Needs Allocation goals could expose these jurisdictions to the potential of litigation, loss of permitting authority, financial penalties, court receivership, and streamlined ministerial approval processes which could substantially impact the ability of local housing jurisdictions to control the development of housing.

F5. The County of Marin and the 11 Marin cities and towns do not consistently inform the public on how applicable state law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects, and therefore, the public often does not understand the range of options available to local housing decision makers.

Response: Partially Disagree
The City partially disagrees with this finding, as the City cannot speak to whether the County of Marin and the 11 Marin cities and towns consistently inform the public on how applicable state City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality”
September 2, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 4 of 7 law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects.

In terms of San Rafael, the City identified specific sites for housing development in its 6th Cycle 2023-2031 Housing Element. In accordance with the State’s Surplus Land Act, in 2023, the City released a Request for Proposals (RFP) to develop affordable housing on a City-owned property City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality”
September 2, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 5 of 7 at 519 4th Street, and the City provides site selection assistance on an ongoing basis to developers via the San Rafael GO program.

Response: Partially Disagree
The City partially disagrees with this finding. The City agrees that ADUs are an element of the success of San Rafael’s 6th Cycle 2023-2031 Housing Element, which recognized ADUs as an essential part of the City’s housing stock and a sustainable housing option for older adults, students, multi-generational families, caregivers, and small households (Policy H-4.13: Efficiently Using the City’s Housing Stock). In 2024, in partnership with other Marin County jurisdictions, San Rafael supported expansion of the ADU Center to provide services to owners in Marin:
https://www.cityofsanrafael.org/the-adu-center-expands-to-marin-county/ Moreover, San Rafael approves ADUs ministerially and provides the public with extensive information on its ADU website.

Whether a project is approved ministerially depends upon the type of application that is submitted.

Finally, San Rafael cannot speak to whether multifamily housing is the most important element to fulfill all 11 Marin cities and towns’ Housing Elements.

RESPONSE TO GRAND JURY RECOMMENDATIONS
City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality”
September 2, 2025
City of San Rafael Response to Grand Jury Findings and Recommendations Page 6 of 7 R1. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to provide detailed quarterly updates to the community on the progress in executing their own specific Housing Element.

Narrative: This recommendation will not be implemented because it is not warranted or reasonable. The City already provides the public with annual Housing Element progress reports and requiring City staff to provide the same information on a quarterly basis will not further the City’s housing goals. Rather, adding additional reporting requirements will divert the City’s limited staff resources away from implementing Housing programs that increase housing options for San Rafael residents. Furthermore, the City provides the public with information on housing projects on an ongoing basis via the City’s Major Planning Projects website.

Finally, the State Housing and Community Development Department is in the best position to update the public on state housing laws.

Narrative: This recommendation has been implemented. San Rafael is already implementing this recommendation. As noted earlier, the City publicly identified specific sites for housing development in its 6th Cycle 2023-2031 Housing Element and the City provides site selection assistance on an ongoing basis to developers via the San Rafael GO program. Additionally, Community and Economic Development Department staff participated in the Infill Builders Association forum with Marin County in the spring of 2025.

Narrative: This recommendation has been implemented. San Rafael is already implementing this recommendation. More information regarding ADUs in San Rafael is available on its ADU website.

R6. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure that local housing laws provide a ministerial path for the approval of multifamily housing in compliance with State housing law
Narrative: This recommendation has been implemented. San Rafael provides an option for ministerial approval for all Housing Element sites in compliance with state housing law . 2024-2025 Marin County Civil Grand Jury
The Worrisome Future of Marin Housing
NIMBY Resistance Takes a Backseat to Economic Reality
June 24, 2025

SUMMARY
California is an expensive place to live, and Marin County (Marin) has the third-highest median home price among all California counties.1In 2023, four in ten Californians considered moving out of California due to the high cost of living.2 Housing is by far the largest expense for most families.3 The 2024-25 Marin County Civil Grand Jury (Grand Jury) investigated the progress Marin’s housing jurisdictions (Marin’s cities, towns, and the County of Marin (County)) are making to ease the housing crunch by supporting the development of new housing as required by the California Regional Housing Needs Allocation (RHNA) program.4 Building more housing (even market-rate housing) has been shown to ease housing costs at all income levels.5 The Grand Jury found that while most Marin jurisdictions are making good faith efforts to execute their housing plans, most, if not all, Marin housing jurisdictions will fail to achieve the statemandated new housing goals for the current planning cycle.

The Grand Jury determined through interviews that despite the changes in state law since 2017, designed to encourage more housing, the current housing cycle goal requiring the issuance of 14,405 building permits across the 12 Marin housing jurisdictions is unrealistic and is unlikely to be achieved. In the current environment, the availability of housing expertise, building sites, and the cost of financing, building materials, and construction labor do not provide developers a reasonable economic return to build housing. The lack of a financial incentive to build more housing significantly impacts new housing production.

The Grand Jury discussion and recommendations that follow to support new housing production are organized under the following topics:
● Housing affordability impact on Marin’s workforce
● The community’s role in housing development
● Streamlined planning and permitting for multifamily and ADU housing ● Increased investment in multifamily affordable housing ● Improved site availability to support new housing
1 Current Sales & Price Statistics, Median Sold Price of Existing Single-Family Homes, April 2025 https://www.car.org/marketdata/data/countysalesactivity (accessed 5/14/25). 2 Sara Chernikoff, “California is Home to the Most Expensive Housing Markets in the US: See a Nationwide Breakdown,” USA Today, March 12, 2024, https://www.usatoday.com/story/money/2024/03/12/most-expensivehousing-markets-in-america/72930811007/, (accessed 5/14/25). 3 “Consumer Expenditures,” U.S. Bureau of Labor Statistics, September 25, 2024, https://www.bls.gov/news.release/cesan.nr0.htm, (accessed 5/14/25). 4 The term “Marin” means the entire county, including all cities, towns, and the unincorporated area governed by the County of Marin. The term “County” means the county governmental agencies within Marin. The term “housing jurisdiction” refers to a region (county, town or city) that is required to file and execute a housing element. 5 W. E. Upjohn Institute, “How Even Luxury Housing Can Help Solve the Housing Shortage,” page 7, https://research.upjohn.org/cgi/viewcontent.cgi?article=1314&context=reports, (accessed 5/19/25).

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There are significant consequences if Marin’s housing jurisdictions fail to meet the current cycle goal. Under State law, failure to make adequate progress in achieving their mandated housing goals exposes jurisdictions to lawsuits, penalties, loss of permitting authority, and approval processes, all of which could substantially impact future housing.6 The Grand Jury recommendations focus on improving citizen engagement and maximizing multifamily and Accessory Dwelling Unit (ADU) development to increase the odds of achieving Marin's housing goals.

BACKGROUND
The Grand Jury determined through interviews that Marin has a housing challenge. Marin residents believe that housing and homelessness are the two biggest priorities in the County.7 The Marin County Board of Supervisors (BOS) deems improving the supply of affordable housing and permanent supportive housing as the most important priority for the County.8 Interviews with numerous local leaders indicate that housing substantially impacts Marin’s ability to attract and retain private and public-sector employers and their workforce.

The Housing Cycles and the General Plan
Since 1969, California has required every local municipality (towns, cities, and counties) to create a housing plan (called a “Housing Element”) that describes how the municipality or housing jurisdiction plans to address its existing and future housing needs and support a variety of housing types for different income levels. Each eight-year period is referred to as a “cycle.” The 5th cycle for Northern California counties began on January 31, 2015, and ended on January 31, 2023. The 6th cycle began on February 1, 2023, and ends on January 31, 2031.9 The Housing Element process requires housing jurisdictions to assess available land for residential development, considering factors that might constrain housing production, such as zoning laws, environmental regulations, and market conditions. The Housing Element process also requires housing jurisdictions to enact policies and programs that prevent discrimination and foster inclusive communities, including those that ensure housing is accessible to all, regardless of race, ethnicity, religion, gender, or economic status. Public participation is an important component of the development of the Housing Element process because it allows community members to contribute input and feedback, which helps to shape policies that reflect local needs and priorities. As each cycle progresses, jurisdictions are required to demonstrate progress 6 Association of Bay Area Governments, “Consequences of Non-Compliance with Housing Laws,” June 2021, https://abag.ca.gov/sites/default/files/documents/2021-06/Consequences%20of%20NonCompliance%20with%20Housing%20Laws.pdf, (accessed 5/14/25). 7 Richard Halstead, “Marin Survey Outlines Residents’ Top Priorities, with Housing in Lead,” Marin Independent Journal, November 12, 2023, https://www.marinij.com/2023/11/12/marin-survey-outlines-residents-top-prioritieswith-housing-in-lead, /. (accessed 5/14/25). 8 County of Marin Office of the County Executive, “How the County Budget is Created: County Service Funding Levels,” January 19, 2024 update, https://www.marincounty.gov/departments/executive/budget-and-prioritysetting/how-county-budget-created, (accessed 5/14/25). 9 California Department of Housing and Community Development, “Housing Element and Regional Housing Needs Determination Schedule”, ABAG Planning Period, https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-element-and-regional-housing-needs-determination-schedule, (accessed 5/14/25).

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toward achieving these goals. Lack of progress creates the potential for legal actions by the state to increase accountability.10
The 5th Housing Cycle Goals and Results
During the 5th housing cycle, the California legislature recognized that the pace of housing construction was not rebounding from the 2008-2010 financial crisis, which devastated the development of new housing in California.11 The lawmakers also recognized housing development was not keeping pace with new household formation driven by growth in health care, information technology, and other areas of the California economy.12 The deficit between the housing required and the housing available increased housing prices, making California the second most expensive housing market.13
During the 5th cycle, nine of 12 Marin housing jurisdictions met their jurisdiction-level housing goals. The three municipalities that failed to achieve their jurisdiction-level goal were: Tiburon (36 percent of the goal), Belvedere (63 percent of the goal), and San Rafael (55 percent of the goal). In addition, San Anselmo (88 percent of goal), Sausalito (88 percent of goal) met their overall jurisdiction 5th cycle goals, but failed to achieve their very low-income housing goals.14 Figure 1 shows how all Marin housing jurisdictions performed compared to the original 5th cycle goal.15 In total, Marin’s 12 housing jurisdictions achieved their overall 5th cycle goal of 2,298 by permitting 2,605 housing units.

The 6th Housing Cycle Goals and Results to Date
In response to the continued housing deficit, in the 6th cycle, the California Department of Housing and Community Development (HCD) significantly increased the RHNA (California Government Code section 65580, et seq.) housing goals for the 539 housing jurisdictions in California.16 Figure 1 shows how, in the 6th cycle, Marin jurisdictions are required to permit 14,405 units for an increase of 627 percent compared to the 5th cycle. The substantial increase in the housing goal for Marin jurisdictions was based on an evaluation of 5th cycle results, population and household growth, employment growth, and other factors, and was supported by 10 U.S. Department of Housing and Urban Development, “Advancing Fair Housing at the State Level, page 4, https://www.hcd.ca.gov/sites/default/files/docs/hud-exchange-advancing-fairhousing-2024.pdf, (accessed 5/14/25). 11 ft Editorial Staff, “California Residential Construction Starts”, firsttuesday Journal, April 14, 2025, https://journal.firsttuesday.us/the-rising-trend-in-california-constructionstarts/17939/#:~:text=56%2C700%20SFR%20starts%20took%20place,was%202011%20with%2022%2C000%20st arts, (accessed 5/14/25).
12 California Center Jobs & The Economy, “California Employment Report for May 2019,” page 4, https://centerforjobs.org/wp-content/uploads/2019-May-job-facts-1.pdf, (accessed May 14, 2025). 13 David McMillin, “Median Home Prices in Every State,” BankRate, April 8, 2025, https://www.bankrate.com/realestate/median-home-price/, (accessed 5/2/25). 14 HCD, “Table of Regional Housing Needs Allocations RHNA Cycle 5 (2015-2023): Building Permit Activity by Jusrisdiction,” https://abag.ca.gov/sites/default/files/documents/2024-02/2015- 2023_Bay_Area_RHNA_Progress_Report-.pdf,
(accessed 5/14/25).
15 HCD, “Table of Regional Housing Needs Allocations RHNA Cycle 5 (2015-2023): Building Permit Activity by Jurisdiction."
16 HCD, “Annual Progress Reports - Data Dashboard and Downloads,” slide 9, https://www.hcd.ca.gov/planningand-community-development/housing-element-implementation-and-apr-dashboard (accessed 5/14/25).

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new laws that attempted to reduce the barriers that affordable and market-rate housing developers faced in building new housing.17
Figure 1: Housing Permits Issued
Source: California Department of Housing and Community Development During 2023-2024, each Marin housing jurisdiction developed its plan and gained approval of those plans from the HCD. The jurisdictions then rezoned land parcels to conform to their approved RHNA plans. Figure 2 shows the housing permit requirements for the 12 Marin jurisdictions for the 6th cycle:
17 https://www.hcd.ca.gov/planning-and-community-development/regional-housing-needs-allocation, (accessed 5/25/25).

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Figure 2: Housing Units Required Under the 6th Cycle
Source: California Department of Housing and Community Development Key Housing Elements Definitions
To help housing jurisdictions achieve the aggressive 6th cycle goals, HCD created an online portal to track the compliance of all jurisdictions with RHNA goals.18 The portal organizes housing development into four processes:

1. Submitted — Housing application submitted

2. Entitled — All application documents are complete and approved

3. Permitted — All construction permits are approved

4. Completed — Property is ready for occupancy
A housing development is deemed entitled (Step 2) once the planning process is completed.

Housing jurisdictions gain an RHNA credit once a housing development is permitted (Step 3).

HCD also categorizes housing based on the median income of households in the housing jurisdiction.19 The RHNA goals are evenly split between lower income (0-80 percent of the 18 “Annual Progress Reports - Data Dashboard and Downloads,” slide 2, California Department of Housing and Community Development, https://www.hcd.ca.gov/planning-and-community-development/housing-elementimplementation-and-apr-dashboard (accessed 5/14/25). 19 “Income Limits,” California Department of Housing and Community Development, https://www.hcd.ca.gov/grants-and-funding/income-
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jurisdiction’s median income) and moderate and above-moderate income (over 80 percent of the jurisdiction’s median income).20
The information published by HCD shows that as of January 31, 2024 (the date of the latest available information), Marin lags far behind its 6th cycle goals (see Figure 3). Marin housing jurisdictions need to permit an average of 1,800 housing units per year to achieve the 14,400 unit goal over the entire 6th cycle. However, in the first year of the 6th cycle (2023), all Marin housing jurisdictions combined permitted only 462 units (see column labeled “Permitted”) or only 25 percent of the annual 1,800 unit requirement. Anecdotal information for 2024 indicates permit activity consistent with 2023.21
Figure 3: 6th Cycle Housing Pipeline Progress as of 1/31/24 Source: California Department of Housing and Community Development Reasons for the Poor 6th Cycle Results
Despite the general population's agreement that California has a housing crisis,22 a major impediment to new housing has historically been community resistance.23 The Grand Jury determined through interviews that in the past, the “Not In My Backyard” (NIMBY) resistance from members of the Marin community has been formidable. Among other tactics, community members may oppose new housing development in Marin by citing the California Environmental limits#:~:text=Extremely%20low%20income%3A%2015%2D30,80%25%20to%20120%25%20of%20AMI, (accessed 5/14/25).
20 Citizen Marin “California Housing Mandates and RHNA,” Table H-4.1, https://citizenmarin.org/rhna%3F, (accessed 5/14/25).
21 “Creation of New Housing,” County of Marin, https://data.marincounty.org/stories/s/Creation-of-NewHousing/k2pv-b86k, (accessed 5/14/25). 22 Californians and the Housing Crisis,” Public Policy Institute of California, https://www.ppic.org/interactive/californians-and-the-housing-crisis/, (accessed 5/14/25). 23 Bruce Maiman, “NIMBYism is a California Thing, and it’s Wrecking Cities. Consider Loomis,” CAL Matters, August 28, 2019, https://calmatters.org/commentary/2019/08/nimbyism-in-suburban-sacramento/, (accessed 5/14/25).

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Quality Act (CEQA).24 Although not all CEQA challenges are inappropriate, the ability of community members to create obstacles has resulted in project delays, time-consuming litigation, and often project cancellation. Litigation over planning decisions and project approvals has both delayed the process and, importantly, raised the price of potential development to the point where the development was no longer economically viable.25 Recognizing these impediments, the California Legislature passed over 100 laws26 from 2017 to 2024 designed to reduce the ability of community members to block new housing and increase the ability of the communities to permit new housing construction. These new laws often provide ministerial processes to encourage and streamline new housing development. These laws restrict housing jurisdictions from delaying or denying projects based on subjective criteria such as community character, color, and/or design style. The new laws allow developers to bypass such legacy housing restrictions, and some laws encourage local jurisdictions to develop a set of objective standards for developers to follow.

In interviews with local housing leaders, they praised some of these new laws and also commented that they introduced more complexity into the development process. Through its investigation, the Grand Jury learned that housing leaders struggle to understand the impact of these new laws and new ministerial processes that support many different decision-making protocols; and, every Marin jurisdiction has adopted its own ministerial processes, but has struggled to align these local codes to the complex new state laws.

The Grand Jury determined through interviews that builders of new housing in Marin face significant cost challenges that make building housing financially unattractive. High interest rates, construction and labor costs, complex state and local building rules and codes, and a lack of available land provide for-profit housing developers with inadequate incentive compared to other investment opportunities. Affordable housing developers access different sources of financing, but face the same cost pressures that impact market-rate housing developers, and they also face restrictions on rental rates that further reduce the financial incentives for the development.
24 Dan Walters, “How Environmental Law is Misused to Stop Housing,” Cal Matters, https://calmatters.org/commentary/2023/01/how-environmental-law-is-misused-to-stop-housing/, (accessed 5/14/25).
25 Conor Dougherty, “Twilight of the NIMBY,” The New York Times, https://www.northbaybusinessjournal.com/article/news/twilight-of-the-nimby-though-blamed-for-the-housing-crisistheyre-not-gi/, subscription required (accessed 5/14/25). 26 “California’s 2024 Housing Laws: What you Need to Know,” Section on Streamlining, Holland and Knight Law Firm, https://www.hklaw.com/en/insights/publications/2023/10/californias-2024-housing-laws-what-you-need-toknow, (accessed 5/14/25).

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APPROACH
In order to prepare findings and recommendations to address the complex problem of housing in Marin, the Grand Jury pursued the following:
● Conducted research into the physical and economic conditions and demographics of Marin, including population, economic and financial data regarding land use policies/constraints, and housing supply and demand
● Reviewed historical construction data of new housing in Marin ● Interviewed Marin town and city planning directors
● Interviewed Marin County Community Development Agency leadership ● Interviewed local housing developers and attorneys who support Marin housing development
● Researched issues and interviewed leaders of housing advocacy organizations ● Researched recent state laws intended to increase the quantity of housing in California ● Conducted a detailed review of the current cycle of the Marin RHNA housing requirements and evaluated each Marin jurisdiction’s progress toward reaching the goals

DISCUSSION
Housing Affordability Impact on Marin’s Workforce
Housing affordability is a key challenge for many current Marin households and people who would like to live and work in Marin. Households are considered cost-burdened when they spend more than 30 percent of their income on housing.27 A majority of Marin renters (58 percent) are cost-burdened, and 38 percent of Marin homeowners spend more than 30 percent of their income on housing.28
As Figure 4 illustrates, decreased new housing construction, which contributed to increased housing prices, was decades in the making. The building of single-family residences in Marin peaked in the early 1970s and bottomed out by 2010. (See the thin red line in Figure 4.) By the end of the 1990s, easy-to-build-upon flat parcels of land were hard to find, and Marin’s housing jurisdictions created local ordinances limiting hillside construction that supported housing during earlier periods.29
Construction of multifamily housing units followed a similar trend (See the light blue line in Figure 4). Construction peaked in the 1970s, but dropped precipitously starting in the 1980s and has not recovered. The solid red line in Figure 4 represents the 6th cycle yearly goal, which shows Marin would need a very large increase in housing construction to reach its RHNA goals. 27 Sara Kimberlin, “California’s Housing Affordability Crisis Hits Renters and Households With the Lowest Incomes the Hardest, page 1, California Budget & Policy Center, April 2019, https://calbudgetcenter.org/app/uploads/2019/04/Report_California-Housing-Affordability-Crisis-Hits-Renters-andHouseholds-With-the-Lowest-Incomes-the-Hardest_04.2019.pdf, (accessed 5/14/25). 28 County of Marin, “Housing Affordability in Marin County,” https://data.marincounty.org/stories/s/HousingAffordability-in-Marin/eixh-kvn2/, (accessed 5/14/25). 29 City of San Rafael, “Hillside Guidelines Handout,” https://www.cityofsanrafael.org/11071-2/, (accessed 5/14/25).

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Figure 4: Marin Housing Construction (Built units per year - 1965-2023) Source: Marin County Community Development Agency
Each jurisdiction conducts a rigorous evaluation of its future housing needs and describes the plan to fulfill those needs in its Housing Element. Marin housing jurisdictions face the challenge that the current housing stock of family-oriented single-family housing built primarily in the 1970s and 1980s is often not well aligned with the current or future population, dominated by older, often single, adults. About one-third of all current Marin households house only one resident, yet over 70 percent of Marin's housing stock is single-family residences with multiple bedrooms.30 The affordable housing type often best suited to serve the needs of Marin’s medianincome workforce is multifamily rental housing located close to transportation and services. In identifying sites for their Housing Elements, many Marin jurisdictions have struggled to find sites appropriate for this type of housing during the Housing Element development process.

San Rafael City CouncilSeptember 2, 2025

San Rafael City Council
September 2, 2025