Agenda packet — San Rafael City Council, October 17, 2022

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 17, 2022
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/CC-2022-10-17 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 899-2635-9885#
One Tap Mobile: US: +16699009128,,89926359885#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting in-person:
• Stay home if you are experiencing COVID-19 symptoms.
• Face coverings are recommended for attendees.
• Use the sign-in sheet (optional) which allows notification of potentially exposed individuals if contact tracing reveals COVID-19 transmission may have occurred in a given meeting. • Attendance will be limited to 50 percent of room capacity (no more than 90 persons) and all inperson attendees should socially distance as recommended by public health authorities. If the Chambers are 50% occupied, please participate online instead or utilize the audio feed in the lobby.
• All attendees are encouraged to be fully vaccinated.

How to participate in the meeting virtually:
• Submit public comment in writing before 4:00 p.m. the day of the meeting to [email protected].
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and press *9 to raise your hand, and *6 to unmute yourself, then provide verbal public comment.

Any member of the public who needs accommodations should contact the City Clerk (email [email protected] or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.

OPEN SESSION

1. None.

CLOSED SESSION

2. None.
2 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 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.

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 City Council Regular and Special Meetings of September 19, 2022 and the City Council Regular Meeting of October 3, 2022 (CC) Recommended Action - Approve minutes as submitted
b. Use of Teleconferencing for Public Meetings During State of Emergency Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic (CA) Recommended Action - Adopt Resolution
c. Citizen of the Year Award Designation
Resolution Designating “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the Year Award” as the “Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award” (CC)
Recommended Action – Adopt Resolution
d. Information Technology Services Agreement Renewal
Resolution Authorizing the City Manager to Execute a General Service Agreement with Addendum with Xantrion, Inc., for Information Technology Services from November 1, 2022 Through October 31, 2023 in an Amount Not to Exceed $1,068,350 (DS) Recommended Action – Adopt Resolution
e. City Quarterly Investment Report
Acceptance of City of San Rafael Quarterly Investment Report for the Quarter Ending September 30, 2022 (Fin)
Recommended Action – Accept report
f. Triannual Fire Code Ordinance Amendments
Introduction of An Ordinance of the City of San Rafael City Council Amending Chapter 4.08 of the San Rafael Municipal Code to Adopt by Reference the California Fire Code 2022 3 Edition with Amendments, the International Fire Code 2021 Edition, and Appendix A of the 2021 International Wildland-Urban Interface Code and Adopting Findings of Fact Supporting the Amendments to Such Codes; and Setting a Public Hearing for November 7, 2022 (FD)
Recommended Action – Waive further reading of the ordinance and refer to it by title only, introduce the Ordinance, and set a public hearing for November 7, 2022 g. Sponsorship of Minor Park Amenities Policy
Resolution Adopting the Sponsorship of Minor Park Amenities Policy, and Rescinding Resolution 8923 Donation of Park Trees and Bench Guidelines (LR) Recommended Action – Adopt Resolution
h. Increase Construction Contingency on Fire Stations 54 & 55 Essential Facilities Projects Resolution Authorizing Additional Construction Contingency Funds for Phase 2 Essential Facilities Projects – Fire Stations 54 and 55, In an Amount Not to Exceed $450,000, For a Total Construction Contingency Amount of $1,330,900 (PW) Recommended Action – Adopt Resolution
i. One Bay Area Grant (OBAG3) Resolutions
Resolution of Compliance with State Housing Laws and Resolutions of Local Support for Four Projects: Canal Active Transportation Improvements, Canal/Southeast San Rafael PDA, Northgate PDA and Second and Fourth Street Intersection Improvements (PW/CD) i. Resolution Verifying Compliance with State Housing Laws Recommended Action – Adopt Resolution
ii. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Canal Active Transportation Improvements Project
Recommended Action – Adopt Resolution
iii. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Canal/Southeast Area PDA Study Project
Recommended Action – Adopt Resolution
iv. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Northgate Area PDA Study Project
Recommended Action – Adopt Resolution
v. Resolution Authorizing the Filing of Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Second and Fourth Street Intersection Improvements Project Recommended Action – Adopt Resolution

SPECIAL PRESENTATION

5. Special Presentation:
a. Presentation of Proclamation Supporting the 2022 Great Shake Out Earthquake Drill (FD) 4 OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Transit Center Relocation Draft Environmental Impact Report Update Informational Update from Golden Gate Bridge, Highway & Transportation District Regarding the New Downtown San Rafael Transit Center (PW/CD) Recommended Action – Accept report
b. San Quentin Pump Station Reconstruction
Adopt Resolutions for the San Quentin Pump Station Reconstruction Project, City Project No. 11334 (PW)
i. Resolution Awarding and Authorizing the City Manager to Execute the Construction Agreement for the San Quentin Pump Station Reconstruction Project to Thompson Builders Corporation, in the Amount of $6,538,725 and Authorizing Contingency Funds in the Amount of $685,275 For a Total Contract Appropriation of $7,224,000 Recommended Action – Adopt Resolution
ii. Resolution Authorizing and Directing the City Manager to Execute a Deductive Change Order to the Thompson Builders Corporation Construction Agreement for the San Quentin Pump Station Reconstruction Project in the Amount of $724,000, For a Revised Contract Appropriation of $6,500,000
Recommended Action – Adopt Resolution
iii. Resolution Approving and Authorizing the City Manager to Execute a Professional Services Agreement with AlphaCM, Inc. for Construction Management, Inspection, and Testing Services Associated with the San Quentin Pump Station Reconstruction Project, in the Amount Not to Exceed $515,716
Recommended Action – Adopt Resolution
iv. Resolution Approving and Authorizing the City Manager to Execute a Second Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for Bid, Construction, and Environmental Compliance Support Services Associated with the San Quentin Pump Station Reconstruction Project, in the Amount Not to Exceed $130,550, for a Revised Total Agreement Amount of $504,567 Recommended Action – Adopt Resolution
SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar:
a. Successor Agency Quarterly Investment Report
Acceptance of Successor Agency Quarterly Investment Report for the Quarter Ending September 30, 2022 (Fin)
Recommended Action – Accept report
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 agenda-related 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 meeting on October 17, 2022

MINUTES

SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, SEPTEMBER 19, 2022 AT 6:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

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

Absent: None
Also Present: Assistant City Manager Cristine Alilovich City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:04 p.m. and requested City Clerk Lindsay Lara call the roll. All members of the City Council were present.

City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom, and members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone, through Zoom and in-person.

OTHER AGENDA ITEMS:

1. Other Agenda Items:
a. Grand Jury Report - Affordable Housing: Time for Collaboration in Marin Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Entitled - Affordable Housing: Time for Collaboration In Marin (CD)
Alexis Captanian, Housing Programs Analyst presented the Staff Report.

Staff responded to questions from Councilmembers.

In regards to F8, Councilmember Bushey asked why the definition of affordable housing was just limited to subsidized housing. She noted others such as affordable by design plans, accessory dwelling units (ADUs) and rent control ordinances for the mobile home parks.

Page 2 of 2 ends

Mayor Kate noted she valued the County’s leadership in providing technical expertise and convening Marin jurisdictions, and hopes that role will continue to develop.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution, with the addition around affordable housing.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15124 - Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Entitled - Affordable Housing: Time for Collaboration In Marin b. Fiscal Year 2021-22 City-Wide Budget Amendments and Fiscal Year 2022-23 Update Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2021-2022 for the Purpose of Confirming Authorized Appropriations and Transfers (Fin) Nadine Hade, Administrative Services Director introduced Shawn Plate, Principal Accountant who presented the Staff Report.

Staff responded to questions from Councilmembers.

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

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15125 - Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2021-2022 for the Purpose of Confirming Authorized Appropriations and Transfers ADJOURNMENT:

Mayor Kate adjourned the meeting at 6:36 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the meeting on October 17, 2022

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, SEPTMBER 19, 2022
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/CC-2022-09-19 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 899-2635-9885
One Tap Mobile: US: +16699009128,,89926359885#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.

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

Absent: None
Also Present: Assistant City Manager Cristine Alilovich 2 City Attorney Robert Epstein
City Clerk Lindsay Lara
OPEN SESSION – THIRD FLOOR CONFERENCE ROOM – 5:00 PM
Dial-in: (669) 444-9171, Meeting ID# 895-8038-9114#

1. Mayor Kate to announce Closed Session items.

City Attorney Robert Epstein announced the Council would meet in Closed Session to discuss one case. On July 15th, the City received a letter from the Veen law firm representing an individual arrested by San Rafael Police Officers Daisy Masariego and Brandon Nail on July 27th, and the individual’s spouse. The letter threatens litigation, and is available for public inspection at the City Clerk’s Office and would be made available on the City’s website at cityofsanrafael.org/policeincident/.

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

2. Closed Session
a. Conference with Legal Counsel--Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): 1 case
Mayor Kate called the meeting to order at 7:02 p.m.

City Attorney Robert Epstein announced that no reportable action was taken in the Closed Session held at 5:00 p.m.

Mayor Kate invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present.

Mayor Kate provided opening remarks, which included an update on the recent use of force incident by San Rafael Police Officers. She amended the agenda order and placed the City Attorney’s portion of the City Manager’s Report directly after her comments and prior to Open Time.

City Clerk Lindsay Lara announced the process for Spanish interpretation for the evening. She informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom, and members of the public would provide public comment either on the telephone or through Zoom. She explained the process for community participation on the telephone, through Zoom and in-person.

OPEN TIME FOR PUBLIC EXPRESSION
• Eva Chrysanthe addressed the City Council regarding the Agenda, the San Rafael Police Department and the City Attorney’s comments.
• Jonathan Frieman addressed the City Council regarding the City Attorney’s comments, the Mayor’s comments, and a police oversight board.

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

3. City Manager and Councilmember Reports:
3 Assistant City Manager Cristine Alilovich deferred to the City Attorney to make comments regarding the recent use of force incident by San Rafael Police Officers.

City Attorney Robert Epstein provided an update on the investigation, as well as, explained his decision-making process regarding the independent investigator. He announced that Open Time for Public Expression would be held next, then the conclusion of the City Manager Report and the Councilmember Reports.

Assistant City Manager Cristine Alilovich provided comments regarding the recent use of force incident by San Rafael Police Officers. She reminded everyone about September being Suicide Awareness Prevention Month.

Councilmember Reports:
• Councilmember Kertz reported on the Marin Wildfire Prevention Authority, ribbon cuttings for Jonathan’s Place and School of Rock, and a coastal clean-up at McInnis Park. • Councilmember Hill reported on recent Board & Commission Interviews, the ribbon cutting for Jonathan’s Place, a visit to Aldersly Senior Living and Porch Fest in Gerstle Park. • Councilmember Llorens Gulati reported on climate change meetings including BayWAVE, a City quarterly climate meeting, a MC Board meeting and a Sustainable San Rafael event. She attended a Cal Cities Conference, a Pickleweed Park Field Renovation meeting, and will attend an upcoming Movies in the Park event at Pickleweed Park. Also, she had several conversations with community leaders and neighbors regarding the recent use of force incident.
• Councilmember Bushey reported on a meeting with Supervisor Sackett regarding Pt. San Pedro Road issues. She reported on the Loch Lomond Oversight Committee and announced a new Loch Lomond Marina kayak launch. Also, she attended a Central Marin Sanitation Agency meeting, a San Rafael Sanitation District meeting and a San Rafael Library Foundation doner dinner.
• Mayor Kate attended a national mayor conference in Tacoma, WA. She reported on SMART and Marin Transit meetings, an upcoming Transportation Authority of Marin meeting, Porch Fest, a coastal clean-up at Pickleweed and the new Canal FC soccer team.

Mayor Kate invited public comment.

Speaker: Eva Chrysanthe
CONSENT CALENDAR:

Mayor Kate invited public comment.

Speaker: Allan Vetere
Councilmember Llorens Gulati moved and Councilmember Kertz seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of City Council Regular Meeting of September 6, 2022 (CC) Approved minutes as submitted
4 b. Use of Teleconferencing for Public Meetings During State of Emergency Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic (CA)
Resolution 15126 - Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic c. Vacancies on San Rafael Boards and Commissions
Announcement of Vacancies on the Voter Approved Tax Oversight Committee (CC) Received and filed
d. Agreement for Disbursement of Measure A Tax Proceeds and Measure A Work Plan for July 1, 2022 – June 30, 2023
Resolution Authorizing the City Manager to Execute an Agreement with the County of Marin for Disbursement of Measure A Tax Proceeds and Approving the Measure A Work Plan for July 1, 2022 - June 30, 2023 (LR)
Resolution 15127 - Resolution Authorizing the City Manager to Execute an Agreement with the County of Marin for Disbursement of Measure A Tax Proceeds and Approving the Measure A Work Plan for July 1, 2022 - June 30, 2023
e. Office of Traffic Safety Grant Approval
Resolution Approving the Acceptance and Appropriation of State of California Office of Traffic Safety Grant Funds in the Amount of $138,000 for the “Selective Traffic Enforcement Program” (“STEP”) Grant from October 1, 2022 Through September 30, 2023, and Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related to the Grant (PD)
Resolution 15128 - Resolution Approving the Acceptance and Appropriation of State of California Office of Traffic Safety Grant Funds in the Amount of $138,000 for the “Selective Traffic Enforcement Program” (“STEP”) Grant from October 1, 2022 Through September 30, 2023, and Authorizing the City Manager to Execute a Grant Agreement and Any Other Documents Related to the Grant
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None

PUBLIC HEARING

5. Public Hearing:
a. “Streetaries” Outdoor Eating Areas Ordinance
Introduce an Adding Chapter 11.70 (“Streetaries” Outdoor Eating Areas) to Title 11 (Public Works) of the San Rafael Municipal Code; Amending Section 14.16.277 of Chapter 14.16 (Site Use and Regulations), Section 14.17.110 of Chapter 14.17 (Performance Standards), Section 14.05.020 of Chapter 14.05 (Commercial and Office Districts), Section 14.06.020 of Chapter 14.06 (Industrial Districts) and Section 14.08.020 of Chapter 14.08 (Marine District) of Title 14 (Zoning) of the San Rafael Municipal Code; and Amending Table

2.3.070.A (Use Table) of Chapter 9 (Downtown Form-Based Code) of the Downtown San Rafael Precise Plan Relating to Outdoor Eating Areas in the Public Right-of-Way (PW) 5 April Miller, Public Works Director presented the Staff Report.

Staff responded to questions from Councilmembers.

Mayor Kate invited public comment.

Speakers: Surinder, Lotus Cuisine of India, Ryan, Libation, Adam Violante, Pint Size Lounge Staff responded to public comment.

Staff responded to further questions from Councilmembers. Councilmembers also provided comments.

Discussion regarding shared spaces and possible additional language to the ordinance.

Robert Epstein, City Attorney indicated that he expects that with the resolution to adopt policies (to be presented at the next meeting) that the Council can then contemplate all the possibilities for sharing and provide direction to the community about how that would work if someone wants to do that.

Discussion regarding adding language that provides flexibility and minor modifications to the guidelines for existing streetaries.

Genevieve Coyle, Assistant City Attorney read the proposed language into the record:

In Section 11.70.080, which is criteria for issuance, subpart C will be revised as follows, the term “for proposed streetaries” will be added after “deviations from adopted standards.” And then a new subpart D will be added to Section 11.70.080 and that subsection will read as follows: Deviations from adopted standards for existing streetaries. For existing streetaries operating as of the effective date of this ordinance, where the director determines that the streetery will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood, the director may grant exceptions or minor modifications to the standards set forth in this chapter.

Councilmember Kertz moved and Councilmember Bushey seconded to introduce the ordinance by title only and waive further reading of the ordinance, with modifications read by the Assistant City Attorney.

City Clerk Lindsay Lara read the title of the Ordinance.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Waived further reading and Introduced Ordinance No. 2016 b. Boards & Commissions Updates
Resolution and Ordinance Changes to Existing City Boards and Commissions (CC) Lindsay Lara, City Clerk presented the Staff Report.
6 Staff responded to questions from Councilmembers.

Mayor Kate invited public comment; however, there was none. i. Introduce an Ordinance of the City of San Rafael Amending Sections 2.16.030 Through

2.16.033 of the San Rafael Municipal Code Related to the Board of Library Trustees Councilmember Llorens Gulati moved and Councilmember Kertz seconded to introduce the ordinance by title only and waive further reading of the ordinance.

Deputy City Clerk Brenna Nurmi read the title of the Ordinance.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15129 - Resolution Amending the Board of Library Trustees Bylaws iii. Introduce an Ordinance of the City of San Rafael Amending Section 14.25.070 and Adding Sections 2.16.120 Through 2.16.122 of the San Rafael Municipal Code Related to the Design Review Board
Councilmember Kertz moved and Councilmember Hill seconded to introduce the ordinance by title only and waive further reading of the ordinance.

Deputy City Clerk Brenna Nurmi read the title of the Ordinance.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Waived further reading and Introduced Ordinance No. 2018 iv. Resolution Amending the Design Review Board Bylaws
Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the resolution.
7 AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15130 - Resolution Amending the Design Review Board Bylaws v. Introduce an Ordinance of the City of San Rafael Amending Sections 2.16.010 Through 2.16.013 of the San Rafael Municipal Code Related to the Fire Commission Councilmember Llorens Gulati moved and Councilmember Kertz seconded to introduce the ordinance by title only and waive further reading of the ordinance.

Deputy City Clerk Brenna Nurmi read the title of the Ordinance.

AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None
ABSENT: Councilmembers: None
Resolution 15131 - Resolution Amending the Fire Commission Bylaws SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.

ADJOURNMENT:

Mayor Kate adjourned the meeting at 9:25 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the meeting on October 17, 2022

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, OCTOBER 3, 2022
REGULAR MEETING AT 7:00 P.M.

In-Person:

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/CC-2022-10-03 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 900-9128
ID: 817-3692-0337#
One Tap Mobile: US: +16699009128,,81736920337#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.

Absent: Councilmember Hill
Mayor Kate
Also Present: City Manager Jim Schutz
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Pro Tem Kertz called the meeting to order at 7:00 p.m. and invited City Clerk Lindsay Lara to call the roll. All members of the City Council were present, except for Councilmember Hill and Mayor Kate.

Mayor Pro Tem Kertz provided opening remarks, which included the hybrid City Council meeting, gratitude to City Staff, National Disability Employment Awareness Month, and a land acknowledgment.

OPEN SESSION

1. None.

CLOSED SESSION

2. None.

OPEN TIME FOR PUBLIC EXPRESSION
• Gina Silvestri, Gerstle Park Neighborhood Association, addressed the City Council regarding the Third Annual San Rafael PorchFest. She expressed gratitude for the City’s participation. • Salamah Locks, Commission on Aging, announced an upcoming meeting entitled “Building a Healthier Marin: Covid and Beyond” with Dr. Matt Willis, Marin County Public Health Officer to be held Thursday, October 6, 10am-12:30pm.
• Sophillia Tagaba addressed the City Council on the recent use of force incident by San Rafael Police Officers.

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

3. City Manager and Councilmember Reports:

City Manager Jim Schutz announced:
• Caltrans Harbor Bridge Project (at the northbound 101 Central San Rafael offramp) update • West End Village Culture Crawl to be held Saturday, October 8, 1-5 pm • Trick or Treat on 4th Street to be held Saturday, October 29, 1-3 pm • Dia de los Muertos coming up in beginning of November 3 Councilmember Reports:
• Councilmember Bushey reported on San Rafael Sanitation Agency, Loch Lomond Oversight Committee, Marina Boulevard Neighborhood Association and Marin County Council of Mayors & Councilmembers (MCCMC) meetings.
• Councilmember Llorens Gulati reported on a meeting regarding the 400 Canal Street apartment building’s new ownership and evictions, the Marin Business Showcase, a Latinas in Power luncheon, a Movies in the Park event at Pickleweed Park, a California Community Choice Association (CalCCA) Gala, and BayWAVE and East San Rafael Task Force meetings. • Mayor Pro Tem Kertz reported on a Marin Wildfire Prevention Authority meeting, a Spirit of Marin Awards event, a First 5 food insecurity forum, a North Bay Leadership Council event, the Marin Business Showcase and a Marin County Council of Mayors & Councilmembers (MCCMC) meeting.

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

CONSENT CALENDAR:

Mayor Pro Tem Kertz invited public comment.

Speakers: Gina Silvestri, Gerstle Park Neighborhood Association and The Tree Group, Arlin Benavides, Sustainable San Rafael
Jim Schutz, City Manager responded to public comment.

Councilmember Bushey moved and Councilmember Llorens Gulati seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Use of Teleconferencing for Public Meetings During State of Emergency Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic (CA)
Resolution 15132 - Resolution Pursuant to Assembly Bill 361 Making Findings and Confirming the Need for the Use or Continued Use of Teleconferencing to Hold Public Meetings of the City’s Legislative Bodies During the Continuing State of Emergency Relating to the Covid-19 Pandemic b. Board of Library Trustees Ordinance Updates
Adoption of Ordinance 2017 - An Ordinance of the City of San Rafael Amending Sections

2.16.030 Through 2.16.033 of the San Rafael Municipal Code Related to the Board of Library Trustees (CC)
Final adoption of Ordinance 2017
c. Design Review Board Ordinance Updates
Adoption of Ordinance 2018 - An Ordinance of the City of San Rafael Amending Section

14.25.070 and Adding Sections 2.16.120 Through 2.16.122 of the San Rafael Municipal Code Related to the Design Review Board (CC)
Final adoption of Ordinance 2018
4 d. Fire Commission Ordinance Updates
Adoption of Ordinance 2019 – An Ordinance of the City of San Rafael Amending Sections

2.16.010 Through 2.16.013 of the San Rafael Municipal Code Related to the Fire Commission Board (CC)
Final adoption of Ordinance 2019
e. General Plan
General Plan Annual Progress Report (GPAPR) for 2021 (CD) Accepted report
f. On-Call and Environmental Planning Consulting Services Agreement Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with M-Group for On-Call Contract Planning and Environmental Consulting Services In An Amount Not to Exceed $100,000 (CD) Resolution 15133 - Resolution Approving and Authorizing the City Manager to Execute an Agreement for Professional Services with M-Group for On-Call Contract Planning and Environmental Consulting Services In An Amount Not to Exceed $100,000 g. National Disability Employment Awareness Month
Proclamation Supporting National Disability Employment Awareness Month (CD) Received and filed
h. San Rafael Fire Department Fleet Replacement FY 2022-23 Resolution Approving and Authorizing the City Manager to Purchase Three (3) Fire Department Vehicles for Replacement, In an Amount Not to Exceed $998,000 (PW) Resolution 15134 - Resolution Approving and Authorizing the City Manager to Purchase Three (3) Fire Department Vehicles for Replacement, In an Amount Not to Exceed $998,000 i. Proposed Fees for Pilot Fall/Winter Aquatics Program Resolution Approving Fees for Pilot Fall/Winter Aquatics Program at the Terra Linda Community Pool (LR)
Resolution 15135 - Resolution Approving Fees for Pilot Fall/Winter Aquatics Program at the Terra Linda Community Pool
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate

SPECIAL PRESENTATION

5. Special Presentation:
a. Presentation from Mark Brown on the Marin Wildfire Prevention Authority (FD) Darin White, Fire Chief introduced Mark Brown, Marin Wildfire Prevention Authority (MWPA) Executive Director who gave a presentation.

Mark Brown, MWPA Executive Director and Darin White, Fire Chief responded to questions from Councilmembers.

Mayor Pro Tem Kertz invited public comment.
5 Speaker: Jonathan Frieman
b. Proclamation Supporting Fire Prevention Week (FD)
Mayor Pro Tem Kertz presented the proclamation.

Darin White, Fire Chief provided comments.

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

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. “Streetaries” Outdoor Eating Areas Standards and Fees “Streetaries” Outdoor Eating Areas Standards, Fees & Ordinance (PW) April Miller, Public Works Director presented the Staff Report.

Staff responded to questions from Councilmembers.

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

Councilmembers provided comments.

Discussion regarding modifying language (that Staff recommended in the presentation) regarding removing gender specific language to ordinance and standards.

Genevieve Coyle, Assistant City Attorney read the proposed language into the record:

In Section 11.70.120, “his designee” will be replaced with “their designee.” In Section

11.70.130, there are two places where “his designee” will be replaced with “their designee.” And then, the standards will be updated to correspond with that language. i. Adoption of Ordinance 2016 - An Ordinance Adding Chapter 11.70 (“Streetaries” Outdoor Eating Areas) to Title 11 (Public Works) of the San Rafael Municipal Code; Amending Section 14.16.277 of Chapter 14.16 (Site Use and Regulations), Section

14.17.110 of Chapter 14.17 (Performance Standards), Section 14.05.020 of Chapter

14.05 (Commercial and Office Districts), Section 14.06.020 of Chapter 14.06 (Industrial Districts) and Section 14.08.020 of Chapter 14.08 (Marine District) of Title 14 (Zoning) of the San Rafael Municipal Code; and Amending Table 2.3.070.A (Use Table) of Chapter 9 (Downtown Form-Based Code) of the Downtown San Rafael Precise Plan Relating to Outdoor Eating Areas in the Public Right-of-Way Councilmember Llorens Gulati moved and Councilmember Bushey seconded to adopt Ordinance 2016, with modifications read by the Assistant City Attorney.

AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Final Adoption of Ordinance 2016
6 ii. Resolution Approving the Streetary Program Design and Development Standards and Fees Under the Streetaries Ordinance, Chapter 11.70 of the San Rafael Municipal Code Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Resolution 15136 - Resolution Approving the Streetary Program Design and Development Standards and Fees Under the Streetaries Ordinance, Chapter 11.70 of the San Rafael Municipal Code
b. FY 2022-23 City of San Rafael Canal Maintenance Dredging Resolution Approving and Authorizing the City Manager to Award and Execute a Construction Agreement for the FY 2022-23 City of San Rafael Canal Maintenance Dredging Project, City Project No. 11423, to the Dutra Group, in a Not to Exceed Amount of $3,468,000, and Authorizing Contingency Funds in the Amount of $346,800, for a Total Appropriated Amount of $3,814,800, which Includes a Transfer from the General Fund to Fund 401 in the Amount of $649,200 to Cover the City Portion of the Dredge (PW) April Miller, Public Works Director introduced Stephen Acker, Sr. Management Analyst (Public Works) who presented the Staff Report.

Staff, including Scott Bodensteiner, Haley & Aldrich responded to questions from Councilmembers.

Mayor Pro Tem Kertz invited public comment.

Speakers: Jonathan Frieman, Name withheld
Staff responded to public comment.

Councilmember Bushey moved and Councilmember Llorens Gulati seconded to adopt the resolution.

AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Resolution 15137 - Resolution Approving and Authorizing the City Manager to Award and Execute a Construction Agreement for the FY 2022-23 City of San Rafael Canal Maintenance Dredging Project, City Project No. 11423, to the Dutra Group, in a Not to Exceed Amount of $3,468,000, and Authorizing Contingency Funds in the Amount of $346,800, for a Total Appropriated Amount of $3,814,800, which Includes a Transfer from the General Fund to Fund 401 in the Amount of $649,200 to Cover the City Portion of the Dredge SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar: - None.
7 ADJOURNMENT:

Mayor Pro Tem Kertz adjourned the meeting at 8:44 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
RACHEL KERTZ, Mayor Pro Tem
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.b
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney
Prepared by: Genevieve Coyle,
Assistant City Attorney
City Manager Approval: ______________
TOPIC: USE OF TELECONFERENCING FOR PUBLIC MEETINGS DURING STATE OF

EMERGENCY
SUBJECT: RESOLUTION PURSUANT TO ASSEMBLY BILL 361 MAKING FINDINGS AND

CONFIRMING THE NEED FOR THE USE OR CONTINUED USE OF
TELECONFERENCING TO HOLD PUBLIC MEETINGS OF THE CITY’S LEGISLATIVE

BODIES DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE COVID-19 PANDEMIC
RECOMMENDATION:

Adopt the resolution pursuant to Assembly Bill 361 making findings and confirming the need for the use or continued use of teleconferencing to hold public meetings of the City’s legislative bodies during the continuing state of emergency relating to the COVID-19 pandemic.

BACKGROUND:

The Ralph M. Brown Act (“Brown Act”) requires that except as specifically provided, “meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body”. (Gov. Code §54953(a).) For many years, the Brown Act has authorized members of a local agency’s legislative body to attend a public meeting by teleconference in compliance with strict procedural requirements. Under Government Code section 54953(b)(3), to use teleconferencing, at least a quorum of the legislative body must participate from locations within the agency’s boundaries, and the agency must give notice of each teleconference location, post an agenda at each teleconference location, provide for public access to each teleconference location, and allow members of the public to address the Council at each teleconference location.

On March 4, 2020, Governor Newsom declared a statewide state of emergency in connection with the COVID-19 pandemic. Subsequently, on March 18, 2020, the Governor issued Executive Order No. N29-20 suspending the Brown Act’s requirements for in-person meetings and facilitating the use of teleconferencing for public meetings during the state of emergency. The Executive Order authorized public meetings to be held by teleconference only, provided that notice and accessibility requirements are met, members of the public are allowed to observe and address the legislative body at the meeting, and there is a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities. This order allowed the City Council and the City’s other formal boards and commissions to hold their public meetings using teleconferencing technologies until the order expired on SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
September 30, 2021. On September 16, 2021 Governor Newsom signed into law as an urgency measure Assembly Bill (AB) 361. AB 361 amended the Brown Act provisions governing the use of teleconferencing for public meetings of a local agency’s legislative bodies, allowing more liberal teleconferencing requirements to continue during the current and future state-declared emergencies. Therefore, since October 1, 2021, the City has relied on the amendments enacted by AB 361 as its authority to continue to hold meetings using teleconferencing technologies.

Government Code section 54953, as amended by AB 361, now provides in new subsection (e)(1), that during the current and any future state-declared state of emergency, the legislative body of a local agency may use teleconferencing without complying with the procedural requirements of Government Code section 54953(b)(3) in any of three circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Certain additional requirements would apply under the new law, however, including specific requirements as to how public comment must be allowed and heard, with which the City already complies. In addition:
• In the event of a disruption which prevents the City from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the callin option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
• If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
o The legislative body has reconsidered the circumstances of the state of emergency. o Any of the following circumstances exist:
 (i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
 (ii) State or local officials continue to impose or recommend measures to promote social distancing.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
ANALYSIS:

The City Council has determined that it is now safe to hold in person meetings in the City Council Chambers, and the Council held its first such meeting on April 18, 2022. Other boards and commissions that meet in the City Council Chambers will also be able to meet in person. The City Council Chambers are roomy enough to allow for social distancing in most cases and are now equipped with teleconferencing equipment that also allows participation in public meetings from other locations. This hybrid meeting model provides an alternative means to attend for those persons who feel they cannot safely attend in person, as well as for those persons who may find it more convenient to participate in the meetings through teleconferencing.

However, the City Council also holds special meetings at locations not in the City Council Chambers and staff has determined that the hybrid meeting model set up for these meetings has not provided sufficient space for social distancing and negatively impacts public participation through virtual means. Additionally, not all City boards and commissions meet in the City Council Chambers. Staff has not yet been able to make comparable arrangements for hybrid meetings in those other meeting locations. Therefore, staff recommends that the City Council continue to adopt the resolution required by AB 361, so that the City’s legislative bodies meeting outside the City Council Chambers can meet or continue to meet using teleconferencing technology. These include special meetings of the City Council and meetings of the City’s boards and commissions.

The resolution before the City Council is intended to comply with the requirement to make specified findings every 30 days. The resolution finds that the state of emergency continues in effect, that measures to promote social distancing are still being imposed or recommended by the state and county, and that the state of emergency directly impacts the ability of the public and the members of the City’s Council, boards, and commissions to meet safely in person. The proposed resolution confirms the City Council’s determination that all public meetings of the City’s legislative bodies (the Council and all formal boards and commissions) may continue to be held using only teleconferencing technology.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the attached resolution.

OPTIONS:

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

1. Adopt the resolution as proposed.

2. Adopt a modified resolution.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION:

Adopt the resolution pursuant to Assembly Bill 361 making findings and confirming the need for use or continued use of teleconferencing to hold public meetings of the City’s legislative bodies during the continuing state of emergency relating to the COVID-19 pandemic.

ATTACHMENTS:

1. Resolution
Attachment 1: Page 1 of 2
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL PURSUANT TO ASSEMBLY BILL 361

MAKING FINDINGS AND CONFIRMING THE NEED FOR THE USE OR CONTINUED USE OF TELECONFERENCING TO HOLD PUBLIC MEETINGS OF THE CITY’S LEGISLATIVE BODIES DURING THE CONTINUING STATE OF EMERGENCY RELATING TO THE COVID-19

PANDEMIC
WHEREAS, on March 4, 2020 Governor Newsom issued a proclamation pursuant to Government Code Section 8625 declaring a state of emergency in California due to the COVID19 pandemic; and WHEREAS, the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.) (hereafter, the “Brown Act”) provides in Government Code section 54953 that “all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided by this chapter”; and WHEREAS, Government Code section 54953(b)(3) permits the legislative body of a local agency to use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law, subject to specified procedural requirements including, but not limited to, the posting of agendas at all teleconference locations, the opportunity for members of the public to address the legislative body directly at each teleconference location, and that at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the legislative body exercises jurisdiction; and WHEREAS, Government Code section 54953(e), added by Assembly Bill 361 effective September 16, 2021, provides, in section 54953(e)(1), that during a state of emergency proclaimed pursuant to Government Code section 8625, the legislative body of a local agency may hold a meeting using teleconferencing without complying with the procedural requirements of section 54953(b)(3), provided that the legislative body complies with the requirements of section 54953(e)(2); and
WHEREAS, pursuant to Government Code section 54953(e)(3), if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, then in order to continue to teleconference without compliance with the requirements of section 54953(b)(3), the legislative body shall make specified findings at least every 30 days; and
WHEREAS, the City Council has reconsidered the circumstances of the proclaimed COVID-19-related state of emergency and finds that it remains active; and WHEREAS, the City Council finds that state and/or local officials continue to impose or recommend measures to promote social distancing, including masking in certain indoor public settings; and
WHEREAS, the City Council finds that the state of emergency directly impacts or continues to directly impact the ability of the City’s legislative bodies to meet safely in person, Attachment 1: Page 2 of 2
including special meetings of the City Council and meetings of the City’s boards and commissions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that in order to protect the safety of the members of the public and its legislative bodies, for the 30 days following adoption of this resolution, public meetings of the City’s legislative bodies may continue to be held using teleconferencing technology in compliance with the requirements of Government Code section 54953(e)(2) and all other applicable laws.

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 Monday, the 17th day of October 2022 by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.c
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: CITIZEN OF THE YEAR AWARD DESIGNATION
SUBJECT: RESOLUTION DESIGNATING “THE RICHARD P. O’BRIEN AND MARY FERRARIO O’BRIEN CITIZEN OF THE YEAR AWARD” AS THE “RICHARD P.

O’BRIEN AND MARY FERRARIO O’BRIEN PUBLIC SERVICE AWARD” RECOMMENDATION:

Adopt the Resolution Designating “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the Year Award” as the “Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award”.

BACKGROUND:

In March 2001, J. Michael Mahoney established an endowment in honor of former Planning Commissioner Richard O’Brien and his wife, Mary Ferrario O’Brien. The endowment is managed by the Marin Community Foundation and is named “The Richard P. and Mary Ferrario O’Brien Citizen of the Year Award Fund of the Marin Community Foundation” (the “Fund”). The purpose of the Fund is to accept contributions and distribute funds to the City of San Rafael to make an annual award.

Each year, the City of San Rafael recognizes a person (or persons) in the San Rafael community who has made exceptional contributions to the city, making it a better place to live or work. In addition to the public recognition, the Fund is used to provide a cash award to the recipient.

The City Council determines the name of the award, recruits for the award, and makes the selection and award to each year’s recipient. In September 2001, Mr. Mahoney provided two suggestions to the City Council for the name of the award to either be “The Richard P. O’Brien Citizen of the Year Award’ or “The Richard P. O’Brien Public Service Award’ (Attachment 2). At that time, the City Council selected Citizen of the Year Award, and the award has been named “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the Year Award” ever since.

Over the last few years, the Citizen of the Year Selection Committee has considered changing the name of the award to be more inclusive and representative of our diverse San Rafael SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
community. To honor Mr. Mahoney’s original recommendations submitted to the City Council in 2001, staff recommends renaming the award to “The Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award.”
The call for nominations is scheduled to commence in November 2022, and staff is recommending recruiting for nominations using the name ‘Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award’ in an effort to be more inclusive of all the exceptional community members who serve San Rafael.

FISCAL IMPACT: No fiscal impact.

RECOMMENDED ACTION: Adopt the Resolution.

ATTACHMENTS:

1. Resolution

2. September 4, 2001 City Council Minutes (excerpts)
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DESIGNATING “THE RICHARD P. O’BRIEN AND MARY FERRARIO O’BRIEN CITIZEN OF THE YEAR AWARD” AS THE “RICHARD P. O’BRIEN AND MARY FERRARIO O’BRIEN PUBLIC SERVICE AWARD”
WHEREAS, in March 2001, J. Michael Mahoney established an endowment in honor of former Planning Commissioner Richard O’Brien and his wife, Mary Ferrario O’Brien to fund an annual award to be administered and given by the City of San Rafael; WHEREAS, the City Council determines the name of the award, recruits for the award, and makes the selection and award to each year’s recipient; WHEREAS, in September 2001, Mr. Mahoney provided two options to the City Council for the name of the award to either be “The Richard P. O’Brien Citizen of the Year Award’ or “The Richard P. O’Brien Public Service Award”; and WHEREAS, at that time, the City Council selected the “Citizen of the Year” designation and the award has been named “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the Year Award” ever since; and
WHEREAS, the purpose of this award is to recognize a person (or persons) in the San Rafael community who has made exceptional contributions to the city, making it a better place to live or work; and
WHEREAS, over the last few years, the Citizen of the Year Selection Committee has considered changing the name of the award to be more inclusive and representative of our diverse San Rafael community; and
WHEREAS, to honor Mr. Mahoney’s original recommendations submitted to the City Council in 2001, staff recommends referring to the award as “The Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award”.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby designates “The Richard P. O’Brien and Mary Ferrario O’Brien Citizen of the Year Award” as “The Richard P. O’Brien and Mary Ferrario O’Brien Public Service Award” and directs staff to recruit for the award under that name.

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 Monday, the 17th day of October 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________________
LINDSAY LARA, City Clerk
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 4, 2001 AT 8: 00 P. M.

Regular Meeting:

San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CLOSED SESSION — CONFERENCE ROOM 201 — 7: 00 PM:

Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary 0. Phillips, Councilmember

Absent: None
Conference with Legal Counsel — Existing Litigation
Government Code Section 54956. 9( a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al.

U. S. District Court, Northern Dist. of CA, Case No. C003785 City Attorney Gary Ragghianti announced that no reportable action was taken.

Mayor Boro announced the City Council would go back into Closed Session at the end of the City Council Meeting.

ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8: 17 PM
Re: MHC - Contempo Marin: - File 3- 2- 97 x 13- 7- 1
Mayor Boro announced that four people wished to speak regarding Contempo Marin and in light of the agenda this evening and the fact that the Council Meeting of September 17th would primarily be dedicated to this subject, he requested that comments be limited to a combined fifteen minutes.

Tom Davis, 22 Yosemite Road, Contempo Marin stated that several residents of Contempo Marin met with Mayor Boro, Councilmember Cohen and City Attorney Ragghianti this afternoon in an effort to persuade the City Council to defend the Mobilehome Rent Stabilization Ordinance. Betty Mattea, President of the Homeowners Association and he had an understanding that should they receive the needed assurance, she would speak this evening to express their appreciation; however, if they were unsuccessful, he would convey their disappointment and express determination to press on with the cause; therefore, while he was sorry to be addressing the Council this evening, he was also hopeful.

He explained that their attorneys presented several powerful and persuasive arguments, which he felt confident the Mayor, Councilmember Cohen and City Attorney Ragghiantii will convey to the Council. He stated they also offered a suggestion which he hoped would be considered seriously over the ensuing two weeks and in his allotted two minutes, he would merely touch on the idea.

Mr. Davis explained that it combines two concepts with which Council is already familiar:

When affordable housing is built as part of a larger development, the low cost units are sold with a deed restriction, limiting the permissible resale price so those homes remain affordable to subsequent buyers;
Conservation groups often purchase development rights to specific parcels of land in order to preserve them in a natural state.

Mr. Davis indicated their suggestion is that an organization interested in preserving the owner occupied low cost homes at Contempo, or elsewhere, could offer to purchase appreciation rights from present homeowners on a voluntary basis, thereby preserving those specific homes into the future as affordable.

This would be discussed further at the meeting of September 17, 2001.

Mr. Davis stated that while watching a recent biography of Senator Robert Kennedy, he was reminded of his favorite Kennedy quote " some people see what is and ask why; I imagine what could be and ask why not." He noted that at this evening' s meeting, the related but separate question of rent control would be discussed. He requested that when considering the difficult issue of providing residents with decent rental housing at a fair price, and in weighing the risks and benefits of defending Contempo Marin SRCC Minutes ( Regular) 09/ 04/ 2001 Page 1
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 18
individual undertake this responsibility, he suspected it could be done in far less time; therefore, he questioned if their hearts were in it.

Councilmember Phillips stated the report also discusses the fact that the new Property Owners Association is based entirely on voluntary efforts and, therefore, initial efforts still require more time for implementation; however, such efforts do require somewhat more of a push, and to rely entirely on voluntary efforts, can sometimes produce satisfactory or unsatisfactory results. He hoped the unanimous sentiment with regard to the effort is conveyed to the property owners to the effect that while in concept this is to benefit both sides, it appears the property owners have not done their part to make it a success. He speculated that should this be their goal, additional effort was needed; however, he was not suggesting the City fund it. He trusted that significantly greater effort would be applied by the property owners as the City had done a lot in this area in trying to reach a workable solution. Although not perfect, Councilmember Phillips stated he would challenge anyone to provide the perfect solution, as he did not believe it existed. He felt there was movement in the direction of assisting both sides and he challenged the property owners to put in greater effort, not just a flash to appease some, as frankly he was not appeased.

Councilmember Cohen moved and Councilmember Phillips seconded, to accept the initial report and directed staff to:
a) Provide additional reporting on the Agency' s housing programs, including the monitoring program, in December;
b) Report back at the City Council Meeting of October 1, 2001, with progress achieved in posting those buildings where the owner had signed the voluntary agreement and also on further analysis of information received this evening with respect to units, as opposed to buildings now covered by the voluntary program;
c) Additional report to be provided with regard to mediation results; d) City Manager to pursue the issue of property owners mailing notices to each tenant in those buildings having signed up, to ensure individual noticing, in addition to noticing of the building itself.

AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro requested Agenda Item # 18 be taken out of order for discussion and action.) NEW BUSINESS:

18. DISCUSSION RE CITIZEN OF THE YEAR AWARD IN MEMORY OF DICK O' BRIEN, FORMER PLANNING COMMISSIONER — PROVIDE INPUT INTO THE ESTABLISHMENT OF A CITIZEN OF THE YEAR AWARD AND SELECTION CRITERIA FOR SUCH AN AWARD ( CD) — FILE 109 x 102 x 9- 2- 6
Community Development Director Bob Brown stated that earlier this year, Mr. Michael Mahoney endowed a public service award in memory of former Planning Commissioner, Dick O' Brien. Mr.

Brown indicated he had attempted in the staff report to lay out some selection criteria and procedures for such an award in the City of San Rafael. Briefly, he stated, staff intended to solicit nominations from the public, a selection committee has been proposed, composed of two Councilmembers, two Planning Commissioners, President of the Chamber of Commerce and representatives of the Federation and Coalition. It is proposed to honor the recipient with a Council Proclamation and presentation at the Annual State of the City event.

Mr. Brown reported that Mary O' Brien, Dick O' Brien' s spouse, their son, and Mr. Mahoney were present this evening in the Council Chamber where Dick spent so much of his life. Having spoken with Mr. Mahoney today, Mr. Brown indicated he concurred with the proposals; however, he specifically requested that the name of the award be such that the memory of Dick does not become secondary down the road. Mr. Mahoney suggested two names from which Council could select:

1. The Richard P. O' Brien Public Service Award;

2. The Richard P. O' Brien Citizen of the Year Award.

SRCC Minutes ( Regular) 09/ 04/ 2001 Page 18
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 19
Assuming the selection would be # 2, which he believed to be a great idea, Mayor Boro stated he was a little confused concerning the person not necessarily being a resident of or property owner in San Rafael. He questioned how one could be a " Citizen of San Rafael and reside in, for instance, Pinole". Appointments to the City generally require either owning a business or being a resident; to be elected requires residency, and he was not comfortable with going beyond this for a " Citizen of the Year". Responding, Mr. Brown stated he believed the Planning Commission' s thought was that the proof was primarily in the deeds of the individual as opposed to their place of residency. Mr.

Mahoney, who endowed the award is not a San Rafael resident. To the extent of the impact on the City of San Rafael, Mr. Brown figured it would be unlikely that someone would devote that amount of attention to the City unless they were a resident or owned property; however, it was the Planning Commission' s opinion that this could be possible.

Councilmember Miller concurred with Mayor Boro and believed the recipient should be a resident.

Other awards are available from various organizations to non- residents; however, in this instance, it should be acknowledged that it is the residents who make up this City. Councilmember Miller favored the title "The Richard P. O' Brien Citizen of the Year Award".

Mayor Boro confirmed the recipient would be honored at the Annual State of the City Dinner when the Employee of the Year is recognized, together with two businesses, large and small. He indicated the businesses are already acknowledged through the Chamber of Commerce and believed it should be confined to a resident.

Addressing the City Council, Mary O' Brien indicated she is always thrilled to be present. She reported that Dick adopted and believed San Rafael was the best thing since sliced bread and everything God could have done for a person. His wish was that on passing on, he could say he left something behind which was good, and Mrs. O' Brien believed he would be thrilled that a citizen who had given time and effort to this town, would be honored. She thanked Michael Mahoney and all concerned for their efforts in making this happen; it will be something which will step down to their children, grandchildren and even Lonate Pozzolo.

Michael Mahoney concurred with the title " Richard P. O' Brien Citizen of the Year Award." Mayor Boro stated that in addition to acknowledging the recipient at the State of the City Dinner, there should be a Perpetual Commemorative Plaque, to remain in the lobby, with the annual addition of a small plate recognizing the recipient. Community Development Director Brown reported he had already requested a picture of Dick O' Brien from Mary.

Councilmember Heller stated that perhaps at the bottom of the plaque there could be a brief description of the criteria.

Councilmember Cohen inquired whether it would be appropriate to include Mr. Mahoney or a representative of the O' Brien family on the selection committee, in recognition of its origin. Mr.

Mahoney declined, being a resident of Larkspur, and Mary O' Brien gratefully accepted.

Councilmember Miller moved and Councilmember Cohen seconded, to approve the recommendation with the following additions:

The award be limited to an individual residing in the City of San Rafael; Mary O' Brien to be part of the selection committee;
The Award to be named " The Richard P. O' Brien Citizen of the Year Award".

AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

17. RESOLUTION AMENDING THE 2001- 2002 CITY BUDGET TO APPROPRIATE $ 25, 000 FOR PREPARATION OF CONCEPTUAL NORTH SAN RAFAEL PROMENADE PLAN ( CD) — FILE 8- 5 x 9- 2- 52 x 238
Community Development Director Bob Brown stated that during the budget discussions in May, 2001, Council chose not to fund a proposed Design Consultant to formalize the plan for the North San Rafael Promenade, rather staff was requested to work with the VIA Committee to better define the project. City Manager Gould and Nader Mansourian, Traffic Engineer, worked with the VIA Committee with the intention of limiting the extent of improvements and expense. They focused on utilizing the existing right- of-way for bike lanes, carrying out limited crosswalk/ sidewalk improvements and evaluating longer term options, such as exploring the process of getting access through Northgate 1 and Northgate Mall. Mr. Brown stated that staff believes a design plan can be helpful to the City and in seeking outside funding and with the assistance of the Public Works SRCC Minutes ( Regular) 09/ 04/ 2001 Page 19
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 20
Director, Dave Bernardi, believed the consultant assistance and creation of a plan can be achieved for a maximum of $ 25, 000.

Mayor Boro noted the staff report contained an excerpt from a letter ( Exhibit 4) from the VIA Cochairs, indicating that funding for project construction would occur over an extended period, focusing on private sector improvements and community partnerships, and on reading the letter, it states "we expect that funding for the project will occur over an extended period as a result of private sector improvements, community partnerships as well as City funding." In speaking with the City Manager, Mayor Boro stated he explained the intent of the City funding element is that as work is carried out in the area of the Promenade, whether it be sidewalks or street improvements, the plan would be used as a guide to ensure that should money be spent, it would be within the confines of the plan. Mayor Boro indicated he would feel more comfortable if the Resolution contained wording to clarify this.

City Manager Gould stated staff had proposed the following language to respond to this concern:

WHEREAS, the primary funding for the construction of the Promenade will come from private development, grants, community partnerships and ongoing infrastructure maintenance and repair projects."
Councilmember Miller wished to ensure that during this process, not only should there be consultations with the VIA Committee, but also with the Bicycle and Pedestrian Committee.

Mayor Boro stated the long term future of the Bicycle and Pedestrian Committee is an issue for review. Their specific purpose may be accomplished sometime this year, and through Lydia Romero, Assistant to the City Manager, input could be sought; however, until its future is decided, issues should not be referred to this committee. The original intention of the Bicycle and Pedestrian Committee was to work on a General Plan amendment with respect to bicycles, etc.

City Manager Gould concurred and stated that in the provision of the Bicycle and Pedestrian Masterplan, this Committee and the VIA Committee were consulted to ensure that the Promenade was reflected in this plan, which would become the City' s guideline for future essential improvements. He believed this issue should be brought back to determine the future of this Committee. Mayor Boro stated he was not opposed to retaining the Committee in some form; however, their role should be clear as their specific role is being concluded, and expansion or modification should be a matter for discussion. In the interim, Mayor Boro requested that Lydia Romero, who has an excellent rapport with the Bicycle and Pedestrian Committee, keep them apprised.

Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution with the additional language:

WHEREAS, the primary funding for the construction of the Promenade will come from private development, grants, community partnerships and ongoing infrastructure maintenance and repair projects."
RESOLUTION NO. 10922 - RESOLUTION AMENDING THE 2001/ 2002 BUDGET TO APPROPRIATE $ 25,000 FOR CONSULTING SERVICES TO

PREPARE A CONCEPTUAL PROMENADE PLAN FOR NORTH
SAN RAFAEL ( as amended)
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS
CITY MANAGER' S REPORT:

19. City Manager' s Report ( CM)
None
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 20
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 21
COUNCILMEMBER REPORTS:

20. a) Concert at Falkirk (8/26/ 01) — File 9- 3- 84 x 4- 17- 110 x 9- 1 Councilmember Cohen stated he enjoyed the concert and inquired as to how it was funded.

City Manager Gould stated it has become self-supporting in the last three years. Council appropriated significant funds to stage the initial concert; however, the point has now been reached that through sponsorships, food service etc., it is a break even operation. b) MCCMC Dinner — File 113 x 9- 1
Mayor Boro reported that the MCCMC Dinner had been moved from September 26, 2001 to September 19, 2001 and he anticipated everyone being present. A reception will be held at the Lonatese Gardens, followed by a meeting and dinner at the Childcare Center.

There being no further business, Mayor Boro adjourned the City Council Meeting at 10: 50 p. m. and announced that the City Council was returning to Closed Session.

CLOSED SESSION HELD
OPEN SESSION:

Mayor Boro announced that no reportable action was taken.

ADJOURNMENT: 12: 02 AM — September 5, 2001
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF . 2001

MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes ( Regular) 09/ 04/ 2001 Page 21
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.d
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Digital Service & Open Government
Prepared by: Sean Mooney, Director City Manager Approval: ______________ TOPIC: INFORMATION TECHNOLOGY SERVICES AGREEMENT RENEWAL SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH ADDENDUM WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2022 THROUGH OCTOBER 31, 2023 IN AN AMOUNT NOT TO EXCEED $1,068,350
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a general service agreement with addendum with Xantrion, Inc., for information technology services from November 1, 2022 through October 31, 2023 in an amount not to exceed $1,068,350.

BACKGROUND: In May 2019, the Department of Digital Service and Open Government published a Request for Proposals for a managed service provider to manage the City’s information technology systems and assembled an evaluation team with representatives from the Police, Fire, Library & Recreation, and Public Works departments. The City received 8 proposals. At the end of the evaluation process, Xantrion (from Oakland, CA) was selected as the preferred vendor to partner with the City by providing the following services:
• Technical support (“help desk”)
• Network, server, and database administration
• Equipment purchasing
• User account management
• Data backup and recovery
• Network monitoring and security
The City entered into an agreement with Xantrion in October 2019. The City Council has approved the renewal of that one-year agreement for the past two years in October 2020 and October 2021 respectively.

In the past three years Xantrion has helped the City improve cyber-security, supported essential facility network projects, streamlined day-to-day tech support, improved customer service, and standardized user management and purchasing. Over the past year the Xantrion team has:
• Deployed department-based controlled request approvals, empowering liaisons in Departments and reducing bottlenecks in Digital
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Configured the City Hall and PSC networks to use redundant high availability network infrastructure
• Redesigned the onboarding form to make sure new employees have all the resources they need when they join the team
• Deployed the Report Phishing button to make it easier to report suspicious emails to Xantrion • Proactively replaced over 80 end-of-life computers
• Deployed LastPass for the Police department with single sign on and multi-factor authentication • Deployed a Police dispatch room TV control system
• Upgraded all Police vehicle computers and standardized their connectivity systems • Assisted the Police department with upgrading their body camera fleet • Collapsed three WIFI systems at City facilities to a single unified system • Setup a corporate Zoom account with single sign on and multi-factor authentication • Upgraded the client VPN and configured multi-factor authentication • Right-sized and renewed the Microsoft software contract • Configured single sign on and multi-factor authentication for Asana • Simplified the downtown library network, adding redundancy and standardization • Built out the Northgate Mall library location
• Rebuilt all site-to-site VPN tunnels to utilize modern encryption standards • Closed over 2900 unique Service Desk tickets since 11/1/2021

ANALYSIS: The cost of the November 1, 2021 – October 31, 2022 agreement with Xantrion was $1,027,260. The cost structure was developed based on the number of devices, services, and data under management by the City at that time. The original intention of developing an agreement based on device count was based on the assumption that the City would be able to decrease the amount of devices and lower overall costs because at the time some users had multiple computers and mobile devices. Since then, the City has constructed the Public Safety Center and hired new employees across the organization. These changes have amounted to an overall increase in supported devices across the City with the total amount of devices increasing from 1,025 to 1,140 since 2019 (a net increase of 115 devices).

In response to the potential impacts to long term costs increases, we have revised the pricing structure of our agreement with Xantrion to reflect active users supported by Xantrion. This approach accommodates for users who do not open tickets with Xantrion and fluctuations in the City’s hiring where there is not a significant impact on Xantrion’s ticket workload (i.e. Spring and Summer months when lifeguards and swim instructors are brought on board). Additionally, we have negotiated a reduced annual increase below Consumer Price Index over the past year. The table below shows the total annual cost for Xantrion over the year, including the cost for actual devices supported, and the discounted rate agreed upon which includes a ~4% increase from the previous year. 2021-22
(Budget)
2022-23
(Price based on
Device Pricing Model
and actual CPI 8.3%)
2022-23
(Discounted Price ~4%)
Annual Cost $1,027,260 $ 1,112,523 $1,068,350

Based on our current pricing model and the average CPI increase of 8.3% in 2022, the cost of the agreement would increase by $ 85,262 to $ 1,112,523. However, staff and Xantrion worked together to bring the cost of the agreement to $1,068,350.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The proposed renewal is for one year, beginning November 1, 2022 and ending October 31, 2023. The price for service with Xantrion remains competitive and their service level and customer satisfaction with City staff remains high.

FISCAL IMPACT: The total amount of the proposed new agreement is $1,068,350 and the estimated cost from November 1, 2022 to June 30, 2023 is $712,233.36, which funds were appropriated through the FY 2022-23 budget in the Technology Fund (fund no. 601). The remaining $356,116.68 is planned for inclusion in the FY 2023-24 budget.

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

1. Adopt resolution.

2. Direct staff to return with more information.

3. Take no action.

RECOMMENDED ACTION: Adopt resolution.

ATTACHMENTS:

1. Resolution Authorizing the City Manager to Execute a General Service Agreement with Addendum with Xantrion, Inc., for Information Technology Services from November 1, 2022 Through October 31, 2023 in an Amount Not to Exceed $1,068,350.

2. Xantrion General Service Agreement and Addendum
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE

CITY MANAGER TO EXECUTE A GENERAL SERVICE AGREEMENT WITH ADDENDUM WITH XANTRION, INC., FOR INFORMATION TECHNOLOGY SERVICES FROM NOVEMBER 1, 2022 THROUGH OCTOBER 31, 2023 IN AN AMOUNT NOT TO EXCEED $1,068,350
WHEREAS, the City of San Rafael requires on-going technical assistance with the administration and support of its technology systems in order to maintain their operational effectiveness and respond to departments’ requests for services (“information technology services”); and
WHEREAS, Xantrion, Inc. (“Xantrion”) is an experienced provider of managed information technology services and has successfully been providing such services to the City for the past two years; and Xantrion is willing to continue to provide information technology services to the City; and
WHEREAS, the City desires to enter into a renewed agreement with Xantrion to provide information technology services to the City for a one-year term beginning November 1, 2022 and ending October 31, 2023; and
WHEREAS, City funds in the amount of $712,233.36 are budgeted and available for expenditure in the FY 2022-23 Department of Digital Service & Open Government’s operating budget as follows: Technology Fund ($712,233.36); and
WHEREAS, City funds in the amount of $356,116.68 are planned for inclusion in the FY 2023- 24 Department of Digital Service & Open Government’s budget request as follows:

Technology Fund ($356,116.68);
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a General Service Agreement with Addendum with Xantrion, Inc., for information technology services from November 1, 2022 through October 31, 2023 in an amount not to exceed $1,068,350 in the form included with the Staff Report for the City Council’s October 17, 2022 regular meeting, subject to final approval as to form by the City Attorney.

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 Monday, the 17th day of October 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________________
Lindsay Lara, City Clerk
866.926.8746 1 www.xantrion.com
15834843.4

GENERAL SERVICE AGREEMENT
XANTRION INC.

AND

CITY OF SAN RAFAEL
866.926.8746 2 www.xantrion.com
15834843.4

TABLE OF CONTENTS
1 Services................................................................................................................................................. 4

1.1 Statement of Work ....................................................................................................................... 4

1.2 Personnel ...................................................................................................................................... 4 2 Terms of Payment................................................................................................................................. 4

2.1 Services Fees; Equipment and Software Costs............................................................................. 4

2.2 Overdue Payments........................................................................................................................ 5

2.3 Taxes............................................................................................................................................. 5 3 Term, Termination................................................................................................................................ 5

3.1 Term.............................................................................................................................................. 5

3.2 Termination for Convenience ....................................................................................................... 5

3.3 Termination for Cause .................................................................................................................. 5

3.4 Effect of Termination.................................................................................................................... 6

3.5 Survival.......................................................................................................................................... 6 4 Equipment, Software and Supplies....................................................................................................... 6

4.1 Equipment; Software; Supplies..................................................................................................... 6

4.2 Limited Warranty.......................................................................................................................... 7 5 Independent Contractor Status............................................................................................................ 7 6 Non-Solicitation .................................................................................................................................... 7 7 Unauthorized Access to Data or Use of the Services............................................................................ 7 8 No Warranties; Limitations of Liability; Indemnification...................................................................... 8

8.1 No Warranties............................................................................................................................... 8

8.2 Limitation of Liability .................................................................................................................... 8

8.3 Indemnification............................................................................................................................. 8 9 Confidentiality....................................................................................................................................... 9

9.1 Definition ...................................................................................................................................... 9

9.2 Confidentiality............................................................................................................................... 9

9.3 Access to Systems......................................................................................................................... 9 10 Compliance ......................................................................................................................................... 10

10.1 Protection of Personally Identifiable Information...................................................................... 10

10.2 Compliance with Laws Applicable to Client................................................................................ 10

10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements......... 11 11 Security Incident Response................................................................................................................. 11

11.1 Obligations.................................................................................................................................. 11

11.2 Disclaimer ................................................................................................................................... 11 13 Other Insurance Provisions................................................................................................................. 12 14 Harassment Free Workplace; Nondiscrimination............................................................................... 13 15 Miscellaneous..................................................................................................................................... 13

15.1 Notices........................................................................................................................................ 13

15.2 Governing Law ............................................................................................................................ 13

15.3 Remedies .................................................................................................................................... 13

15.4 Dispute Resolution; Attorney’s Fees........................................................................................... 13

15.5 Force Majeure............................................................................................................................. 15 866.926.8746 3 www.xantrion.com
15834843.4

15.6 Headings ..................................................................................................................................... 15

15.7 Severability ................................................................................................................................. 15

15.8 No Waiver................................................................................................................................... 15

15.9 No Assignment............................................................................................................................ 15

15.10 City Business License / Other Taxes............................................................................................ 16

15.11 Entire Agreement; Modification................................................................................................. 16 16 Counterparts....................................................................................................................................... 17 Exhibit A -Addendum To The General Service Agreement Information Technology Services 19 866.926.8746 4 www.xantrion.com
15834843.4

GENERAL SERVICE AGREEMENT
This General Service Agreement, including any attachments referenced herein and made a part hereof (this “Agreement”), is entered into as of November 1, 2022 (the “Effective Date”), by and between Xantrion, Inc., a California corporation (“Xantrion”), with offices at 651 20th Street, First Floor, Oakland, CA 94612, and City of San Rafael with offices at 1400 Fifth Avenue, San Rafael, CA 94901 (“Client”). 1 Services

1.1 Statement of Work
Xantrion shall provide the services (the “Services”) as described in the Addendum To The General Service Agreement Information Technology Services of even date herewith, attached as Exhibit A hereto and incorporated herein by reference ("Addendum"). The Services shall be performed and delivered in a workmanlike manner in accordance with generally recognized industry standards for computer consultants performing similar services.

1.2 Personnel
Xantrion, acting as an independent contractor, shall engage employees, consultants, or subcontractors (“Xantrion Personnel”) to provide the Services specifically outlined in the Addendum, and Xantrion shall be fully and directly responsible for all Xantrion Personnel. Xantrion shall (i) provide competent and qualified personnel to perform the Services; (ii) ensure that it complies with all laws, regulations, ordinances and licensing requirements; (iii) ensure Xantrion Personnel performing any Services on Client’s premises comply with any applicable Client guidelines as provided to Xantrion from time to time, including, but not limited to, any data security policies; and (iv) determine the method, detail, and means of performing the Services under this Agreement.
2 Terms of Payment

2.1 Services Fees; Equipment and Software Costs
Unless otherwise agreed to in writing by the parties, payment for Services by Xantrion (“Service Fees”) rendered and any equipment, software, licenses, 3rd party services, hardware, parts and supplies (“Supplies”) shall be due within forty-five (45) days from the date of the applicable invoice provided by Xantrion to Client. If Xantrion does not receive payment within such forty-five (45) day-period, Xantrion shall have the option to suspend the Services without any liability until payment is received. 866.926.8746 5 www.xantrion.com
15834843.4

2.2 Overdue Payments
Interest shall accrue on any delinquent amounts owed by Client to Xantrion at the rate of[0.8333% per month.

In the event of a good faith dispute related to the invoices submitted by Xantrion, Client shall notify Xantrion in writing setting forth the reasons of such dispute, and the parties shall cooperate to resolve such dispute.

2.3 Taxes
Client shall be responsible for any applicable sales or use taxes on any amounts payable by Client hereunder. 3 Term, Termination

3.1 Term
Unless sooner terminated, the term of this Agreement, and the applicable Services requested as set forth in the accompanying Addendum shall be for one (1) year commencing on the Effective Date ("Term") and shall continue during the Term unless this Agreement is otherwise terminated sooner in accordance with Section 3.2 or Section

3.3. During this Term, Xantrion shall not increase its fee rates over and above the rates charged on Services provided as of the Effective Date. New Services added during the Term may be charged at Xantrion’s then-current rates. The termination of any Service shall not modify any Term of this Agreement. The termination of this Agreement shall immediately terminate any and all Services executed hereunder.

3.2 Termination for Convenience
Either party may terminate this Agreement or any applicable Service at any time without cause upon at least ninety (90) days’ prior written notice to the other party. In the event that either party elects to terminate this Agreement pursuant to this Section 3.2, Xantrion agrees to provide sufficient efforts and cooperation to ensure an orderly and efficient transition of Services to Client or another service provider, whichever Client elects, at Xantrion’s then-current time and materials rates.

3.3 Termination for Cause
Either party may terminate this Agreement or any applicable Service for Cause (as defined below) immediately upon written notice to the other party.

For purposes of this Agreement, “Cause” means: (i) Client’s failure to pay any amount due within thirty (30) days of the applicable due date; (ii) a party’s conviction of, or plea of nolo contendere to, any felony, or any other crime involving fraud, embezzlement, or act of moral turpitude; (iii) a party’s unauthorized use or disclosure of any Confidential Information or other proprietary information of the other party or any other 866.926.8746 6 www.xantrion.com
15834843.4
party to whom the offending party owes an obligation of nondisclosure as a result of the parties’ relationship; (iv) a material breach of this Agreement by a party which is incapable of cure, or with respect to a material breach capable of cure, is not cured within thirty (30) days after receipt of written notice from the affected party of such breach; (v) a dissolution or liquidation of any party, or any corporate action taken by any party for such purpose; (vi) any party’s insolvency or admission of its inability to pay its debts generally as they become due; or (vii) any party’s voluntary filing of a bankruptcy petition or general assignment for the benefit of creditors.

3.4 Effect of Termination
Upon termination of this Agreement, Xantrion shall not be obligated to provide any further Services to Client and Xantrion shall have the right to remove any equipment or other Supplies belonging to Xantrion which has been installed or placed at Client’s location for the performance of the Services hereunder. Client shall pay all outstanding invoices, as well as any invoices which may be submitted to Client following the date of termination for Services Fees or Supplies or costs incurred up to the date of termination, within ten (10) days of the date of termination or within thirty (30) days of the date of the invoice, whichever is later. Upon termination of this Agreement for any reason, each party shall (i) return to the other party or destroy all documents and tangible materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information, (ii) permanently erase all of the other party's Confidential Information from its computer systems, and (iii) if requested by the other party, provide written confirmation within ten (10) days of receiving such request that it has complied with the requirements of this section.

3.5 Survival.

The terms of Sections 2, 3, 4, 5, 7, 8, 9, and 15 shall survive the termination of this Agreement. 4 Equipment, Software and Supplies

4.1 Equipment; Software; Supplies
Xantrion is not responsible for compatibility issues, project delays, or other problems with Supplies (i) provided by Client, (ii) purchased by Client through a third party, or (iii) manufactured by a third party and purchased by Client from Xantrion (collectively, “Third Party Products”) except if expressly recommended by Xantrion.

Notwithstanding anything contained herein to the contrary, in the event Xantrion installs a Third Party Product and such Third Party Product fails within ninety (90) days of installation, Xantrion will provide the labor to reinstall the product free of charge. 866.926.8746 7 www.xantrion.com
15834843.4

4.2 Limited Warranty
Xantrion represents and warrants to Client that the Supplies, processes, and procedures employed, used, and operated by Xantrion in providing the Services will be sufficient to provide the Services at the levels of reliability represented in the description and definition of the Services.

Third Party Products purchased through Xantrion are warrantied by their respective manufacturers and any applicable manufacturer’s warranties will be passed through to the Client. Xantrion will only accept returns on such Third Party Products if they are defective and returned within thirty (30) days of Client’s receipt of such Third Party Product.
5 Independent Contractor Status
Client and Xantrion acknowledge and agree that: (i) Xantrion is an independent Contractor, (ii) the parties are not engaged in a joint venture, partnership, employment, or fiduciary relationship; and (iii) neither party is authorized to act as agent or incur any obligation on behalf of the other. 6 Non-Solicitation
Client acknowledges that Xantrion will recruit and train personnel to provide Services for Client under this Agreement, and that this is a costly and time-consuming endeavor. Client therefore agrees not to directly, or indirectly through a third party, solicit, induce, recruit for employment, or attempt to solicit, induce, or recruit for employment, any Xantrion personnel who has performed Services for Client under this Agreement to provide the same or similar services. Client shall comply with this obligation during the term of this Agreement, and for a period of twelve (12) consecutive months after termination. Client shall be relieved of its obligations under this provision if Client first pays Xantrion the sum of the actual cost of retaining and training individual personnel.

The Parties further agree that this amount shall be no less than $60,000 per individual personnel, which Client agrees accurately reflects the minimum reasonable value of Xantrion's time and costs with respect to recruiting and training personnel to work for Client. Notwithstanding any other provisions in this Agreement, the parties retain all legal remedies, at law or equity, upon violation of this provision. 7 Unauthorized Access to Data or Use of the Services
Xantrion is not responsible to Client for unauthorized access to the electronic data of Client stored on Xantrion’s servers (“Client Data”) or the unauthorized use of the Services unless such unauthorized access or use results from Xantrion’s failure to meet its obligations described in the Agreement. Client is responsible for the use of the Services by any employee or consultant of Client, other than Xantrion, any person to whom Client has given access to the Client Data, and any person who gains access to the Client Data or Services as a result of Client’s failure to use reasonable security precautions, even if such use was not authorized by Client. 866.926.8746 8 www.xantrion.com
15834843.4
8 No Warranties; Limitations of Liability; Indemnification

8.1 No Warranties
EXCEPT AS PROVIDED IN SECTION 1.1 (SERVICES) AND SECTION 4.2 (LIMITED WARRANTY), XANTRION

EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO

THE SERVICES PROVIDED HEREUNDER, AND WITH REGARD TO ANY THIRD PARTY PRODUCTS, INCLUDING IN

EACH CASE ANY WARRANTY OF NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. THESE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

8.2 Limitation of Liability
IN NO EVENT WILL XANTRION, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, BE LIABLE FOR: (I)

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH

DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY.); OR (II) COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, SUPPLIES, LOST PROFITS, LOSS OF DATA; OR (III) ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT,

TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH DAMAGES EXCEEDS THE AGGREGATE SERVICES FEES ACTUALLY PAID BY CLIENT HEREUNDER IN THE SIX (6) CALENDAR MONTHS BEFORE SUCH CLAIM AROSE;

PROVIDED THAT SUCH LIMITATION OF LIABILITY SHALL NOT EXTEND TO DIRECT DAMAGES INCURRED AS A RESULT OF THE WILLFUL MISCONDUCT OF XANTRION OR ITS EMPLOYEES. THE PARTIES AGREE THAT THE

LIMITATIONS IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF FEES CHARGED IN CONNECTION WITH THIS

AGREEMENT AND THAT, WERE XANTRION TO ASSUME ANY FURTHER LIABILITY, SUCH FEES WOULD OF NECESSITY HAVE BEEN SUBSTANTIALLY HIGHER.

8.3 Indemnification
To the fullest extent permitted by law subject to the limitations set forth in this Agreement,, Xantrion shall indemnify and hold harmless, and defend the Client, its officers, agents, employees and volunteers (collectively, the “Client Indemnitees”) from and against any and all suits, actions, legal proceedings, claims, demands, damages, losses and expenses which may be made by individuals or organizations, including, but not limited to attorneys' fees, expert fees and all other costs and fees of litigation (each a "Claim" and collectively the "Claims"), arising out of or resulting from the Xantrion's negligence or willful misconduct in the performance of the Services.

The acceptance or approval of Xantrion’s Services by Client or any of its directors, officers or employees shall not relieve or reduce Xantrion’s indemnification obligations. However, to the extent that any Claim arises from, relates to, or is in connection with, the negligence or willful misconduct of the Client Indemnitees, or any of them, then Xantrion's indemnification obligation and liability hereunder for the Claim shall be reduced in proportion to the Client Indemnitees’ total share of liability for the Claim as a result of the Client Indemnitees' negligence or willful misconduct.
866.926.8746 9 www.xantrion.com
15834843.4
9 Confidentiality

9.1 Definition
The term “Confidential Information” as used in this Agreement shall mean any information disclosed, directly or indirectly, by a party (the “Discloser”) to the other party (the “Recipient”) that may reasonably be considered proprietary or confidential including, without limitation, the Discloser’s operational and business methods and practices, economic and financial information, know-how, recommendations, instructional methods, Client Data (as defined below), software and information systems, technical processes, products, product designs, machinery, research and development, intellectual property, and any material embodiments thereof.

Notwithstanding the foregoing, the term “Confidential Information” shall not include any information that (i) is or becomes generally available to the public other than as a result of the Recipient’s breach of this agreement; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in Recipient’s possession prior to the Discloser’s disclosure hereunder; or (iv) was or is independently developed by Recipient without using any Confidential Information.

9.2 Confidentiality
The Recipient agrees to (i) take reasonable measures to protect and safeguard the confidentiality of, and avoid disclosure and unauthorized use of, the Discloser’s Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the Discloser’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person or entity, except as required to assist the Recipient to exercise its rights or perform its obligations under this Agreement.

Disclosure of Confidential Information is not prohibited if such disclosure is compelled pursuant to a legal proceeding or is otherwise prescribed by law. If the Recipient receives a request to disclose any Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, the Recipient, prior to disclosing any Confidential Information, and, except as may be prohibited by law, will notify the Discloser of such requirements to afford the Discloser the opportunity to seek a protective order or other remedy.

9.3 Access to Systems
Xantrion representatives and contractors, shall only access Client systems and data as is necessary to perform the Services agreed to. Client understands that Xantrion representatives may share access with other vendors 866.926.8746 10 www.xantrion.com
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to the limited extent required to perform the Services. Notwithstanding the foregoing, when access to criminal justice data or systems is necessary to perform the Services, Xantrion agrees that its designated representatives will comply with Client’s requirements for access to such systems and information, including but not limited to fingerprinting and a satisfactory background check, as a precondition to being granted access to those systems or data.
10 Compliance
None of the Services or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States has embargoed goods, or to any individual or entity that has been denied export privileges by the U.S. Treasury Department or the U.S. Department of Commerce. By using the Services, Client is agreeing to the foregoing and Client is representing and warranting that Client is not a national resident of, or located in or under the control of, any country subject to such export controls.

10.1 Protection of Personally Identifiable Information
The parties agree to use commercially reasonable security precautions to protect Personally Identifiable Information, “PII”, (as hereafter defined) transmitted to or from, or stored at, Xantrion’s data centers. Client must comply with the laws applicable to Client’s use of the Services and with Xantrion’s policies and procedures, as may be amended. Client agrees to cooperate with Xantrion’s reasonable investigation of Service outages, security problems, and any suspected breach. For purposes of this Agreement, “PII” means (i) any information that identifies an individual, such as name, social security number or other government issued number, date of birth, address, telephone number, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, § 6809(4), and (iii) any "protected health information" as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

The parties agree to comply with the applicable provisions of HIPAA, the requirements of any regulations promulgated thereunder including, without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164 (the “Federal Privacy Standards”), the Electronic Transaction Standards (45 CFR Parts 160 and 162) the Security Standards (45 CFR Parts 160, 162 and 164), and the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), Public Law 111-05 and regulations promulgated thereafter.

The parties further agree to comply with the applicable provisions of the PROTECT Our Children Act contained in 42 USC 13032 and 18 USC 2258A .

10.2 Compliance with Laws Applicable to Client
As it pertains to Client’s Confidential Information and/or Data stored or managed by Xantrion, Xantrion will comply with any and all confidentiality, security, privacy and or compliance requirements, rules and/or regulations imposed on Client by local, state or federal authorities, agencies, regulatory agreements and or laws 866.926.8746 11 www.xantrion.com
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to the extent Client has provided to Xantrion in writing the specific requirements to satisfy said confidentiality, security, privacy and or compliance requirements, rules and/or regulations.

10.3 Compliance with Software Manufacturer’s Licensing and Allowed Usage Requirements Client acknowledges its obligation to comply with all provisions of software manufacturer’s licensing and allowed usage requirements. Client agrees to honor the provisions of the “Microsoft Cloud Agreement” incorporated herein by reference.
11 Security Incident Response

11.1 Obligations
Xantrion acknowledges its obligation to support Clients in the event of a Security Incident. Services we will perform and the basis on which they will be billed are described in the Addendum – Services.

11.2 Disclaimer
Xantrion does not represent that any service will prevent a security incident. Nor do we represent that we have legal expertise or expertise in forensic investigations. Clients are advised to consider purchasing cyber-liability policies to protect against the risk of a security incident. In the event of an incident, Client is advised to contact their own legal counsel to determine their obligations to report an incident, and to notify their insurance carrier of a potential claim and to permit the insurance company or its designated agents to conduct any investigation. 12 INSURANCE
During the term of this Agreement, Xantrion shall, at its own expense, maintain and carry insurance with financially sound and reputable insurers, in full force and effect that includes, but is not limited to:

Insurance Type Description of Liability covered Aggregate Limit
Cyber Liability, Privacy/Network
Security, Cyber Crime & Cyber
Deception Endorsement
Data breach of our systems or a Client system for which we are liable Including forensic costs, notification costs, credit or identity protection, extortion, regulatory action, fines and penalties. and business interruption.
$10 mm
Third Party Crime Third Party Crime $250 K
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Commercial General Liability Bodily injury, personal injury and property damage caused by the business' operations, products, or injury that occurs on the business' premises.
$2 mm
Errors and Omissions Liability Claims made by Clients for failure to provide products or services, inadequate work or negligent actions.
$10 mm
Workers Compensation On the job injury $1 mm
Employment Practices Liability Claims made by employees alleging discrimination (based on sex, race, age or disability, for example), wrongful
termination, harassment and other employment-related
issues, this also extends to Third Party – Clients, Vendors, etc.
$1 mm
13 Other Insurance Provisions

13.1 Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include Client, its officers, agents, employees, and volunteers, as additional insureds under the policies.

13.2 The additional insured coverage under Xantrion’s insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by Client and shall not call upon Client’s insurance or selfinsurance coverage for any contribution. The “primary and noncontributory” coverage in Xantrion’s policies shall be at least as broad as ISO form CG20 01 04 13.

13.3 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.

13.4 By execution of this Agreement, Xantrion hereby grants to Client a waiver of any right to subrogation which any insurer of Xantrion may acquire against Client by virtue of the payment of any loss under such insurance. Xantrion agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not Client has received a waiver of subrogation endorsement from the insurer.

13.5 Xantrion’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against Client.

13.6 Xantrion shall cooperate with Client in providing Client with copies of all insurance provisions or endorsements required by this Agreement.
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14 Harassment Free Workplace; Nondiscrimination
Xantrion and Client mutually commit to observing the highest standards of conduct in maintaining an environment that is free of discrimination, including harassment of any kind and on the basis of a legally protected status.

Accordingly, Xantrion and Client will not tolerate any form of harassment against anyone, including employees, vendors, independent contractors, or guests. Xantrion and Client understand and acknowledge their legal obligation both, not to engage in, and to report any unwelcome conduct, whether verbal, physical, sexual, or visual, and that is based upon a person’s protected status. Xantrion and Client shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of their duties and obligations under this Agreement. 15 Miscellaneous

15.1 Notices
All notices under this Agreement shall be sent to a party at the respective address indicated in the introductory paragraph hereof, or to such other address as such party shall have notified the other in writing. All such notices so addressed shall be deemed duly given (a) upon delivery, if delivered by courier or by hand (against receipt); or (b) three days after posting, if sent by certified or registered mail, return receipt requested.

15.2 Governing Law
This Agreement shall be construed and controlled by the laws of the State of California, without reference to conflicts of law principles. To the extent that any lawsuit is permitted under this Agreement, the parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Marin County, California.

15.3 Remedies
The parties agrees that remedies at law for a breach or threatened breach of any of the provisions of this Agreement, including any disclosure or use of the Confidential Information, may be inadequate and, in recognition of this fact, in addition to all other remedies available at law, the parties will be entitled to seek specific performance or injunctive relief to enforce the terms of this Agreement.

15.4 Dispute Resolution; Attorney’s Fees
Xantrion and Client agree to each use its best efforts to mutually resolve any claim, controversy, liability or dispute arises between the parties relating to or in connection in any way with this Agreement or its interpretation, validity or enforcement (collectively, “Disputes” or, in the singular, “Dispute”). 866.926.8746 14 www.xantrion.com
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Failing that, and unless otherwise agreed by the parties in writing, such dispute shall be adjudicated by final, binding arbitration under the auspices, and in accordance with then-applicable commercial arbitration rules and procedures, of JAMS, Inc. (“JAMS”) at JAMS’ San Francisco offices. The arbitrator shall be mutually-agreed upon by the parties to the arbitration. If the parties cannot agree upon an arbitrator within ten (10) business days after the filing of any demand for arbitration or statement of claims with JAMS (or, if a party is asked to participate in the joint selection of an arbitrator, but is unresponsive or otherwise does not do so within the foregoing time period), then JAMS shall select as arbitrator a retired judge having at least ten (10) years’ experience in industry-related disputes pursuant to its normal procedure for selecting an arbitrator when parties cannot agree upon an arbitrator.

The parties to the Dispute shall share equally in the costs of arbitration. If any party to the Dispute fails or refuses to pay its portion of JAMS arbitration-related administration fees or arbitrator’s fees in a timely manner, the other party to the Dispute may, at its election, pay such fees and proceed with the arbitration without the participation of the party who fails or refuses to pay its share of such fees, and any final arbitration award shall require the non-paying party to reimburse the paying party for such fees and costs.

The arbitrator shall have the power to award only such damages, remedies, or relief that would be available in a court otherwise having jurisdiction of the matter, but no other damages, remedies or relief. The arbitrator shall render all rulings and make all adjudications based solely upon the law governing the claims, counterclaims and defenses pleaded and shall not invoke any basis (including, without limitation, notions of “just cause”) other than such controlling law. The arbitrator shall have the authority to issue an award that provides for both legal and equitable relief, as applicable, including, without limitation, an order for issuance of a temporary or preliminary injunction. Notwithstanding the foregoing, the parties may avail themselves in the court of the rights and remedies provided by Section 1281.8 of the California Code of Civil Procedure. In any arbitration proceeding commenced under this section, the merits hearing (i.e., trial) shall begin by no later than ninety (90) calendar days after the filing of any demand for arbitration or statement of claim with JAMS. The arbitrator shall prepare a written statement of decision and award within five (5) business days following the conclusion of the arbitration merits hearing. Judgment on the decision, award or other order of the arbitrator may be confirmed and entered by the court.

The decision of the arbitrator shall be final and conclusive, and the parties hereby waive the right to trial de novo or appeal, excepting only for the purpose of confirming the arbitrator’s decision, award or other order and entering judgment thereupon, for which purpose the court shall have sole and exclusive jurisdiction. Such confirmation and entry of judgment may be obtained by ex parte application. Additionally, any petition to compel arbitration and any other legal proceeding seeking to enforce or avoid arbitration under this Agreement shall be filed and litigated exclusively in the court.

The prevailing party in any arbitration of a Dispute shall be entitled to recover from the other party or parties the reasonable attorneys’ fees and costs (including all costs of collection and recovery of any monies adjudicated to be due), experts’ fees and costs, arbitration administrative fees, court filing and other fees, and arbitrator’s fees that the prevailing party actually incurs in connection with that proceeding and any related-action or proceeding in the court; however, the parties agree that, in the event a party to the Dispute is adjudicated to be 866.926.8746 15 www.xantrion.com
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a prevailing party, that party shall seek to recover attorneys’ fees under this section for the services performed only by two (2) attorneys from the same law firm retained by that party. In the event this provision is adjudicated to be unenforceable or the parties to the Dispute jointly elect to seek an adjudication of their dispute in a judicial forum, the foregoing fees and costs recovery provision shall apply with equal force to that judicial adjudication of the Dispute.

15.5 Force Majeure
Neither party shall be deemed to have defaulted or breached hereunder, nor shall it hold the other party responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, hostile or warlike action including cyber or armed attacks in times of peace or war by a government or sovereign power, labor strike, lockout, boycott, or other similar events beyond the reasonable control of such party (collectively, “Force Majeure”), provided that the party relying upon this provision: (i) gives prompt written notice thereof, and (b) takes all steps reasonably necessary to mitigate the effects of the Force Majeure event.

15.6 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

15.7 Severability
If any provision in this Agreement is found or held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

15.8 No Waiver
A waiver of a breach or default under this Agreement shall not be a waiver of any other breach or default.

Failure of either party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition unless accompanied by a dear written statement that such term or condition is waived.

15.9 No Assignment
Client shall not assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, except in the event of a merger, acquisition, or sale of substantially all of Client’s assets. Subject to the foregoing, this Agreement shall inure to the benefit of the parties’ permitted successors and assigns.
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15.10City Business License / Other Taxes.

Xantrion shall obtain and maintain during the duration of this Agreement, a City of San Rafael business license as required by the San Rafael Municipal Code. Xantrion shall pay any and all state and federal taxes and any other applicable taxes. Client shall not be required to pay for any Services or work performed under this Agreement, until Xantrion has provided Client with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).

15.11Entire Agreement; Modification
This Agreement, and any attachments hereto, contains the entire understanding of the parties with respect to the matters contained herein. This Agreement shall supersede any prior understanding or agreement, written or oral between the parties. In the event of any conflict between the terms hereunder and any attachment, these terms shall govern unless such attachment expressly states that the terms and conditions of the attachment shall control. There are no promises, covenants or undertaking other than those expressly set forth herein, and any other terms and conditions are rejected regardless of content, timing or method of communication. Any deviations from or additions to the terms of this Agreement must be in writing and will not be valid unless confirmed in writing by duly authorized officers of Xantrion and Client. 866.926.8746 17 www.xantrion.com
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16 Counterparts
This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. This Agreement may be executed and delivered by facsimile transmission, by electronic mail in “.pdf,” or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com).

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

Signed:

Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.

Date: September 30, 2022

CITY OF SAN RAFAEL
By: ______________________________
JIM SCHUTZ, City Manager

ATTEST:

______________________________
LINDSAY LARA, City Clerk

APPROVED AS TO FORM:

______________________________
ROBERT F. EPSTEIN, City Attorney
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EXHIBIT A
Addendum To The General Service Agreement Information Technology Services 866.926.8746 1 www.xantrion.com
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ADDENDUM TO THE GENERAL SERVICE AGREEMENT

INFORMATION TECHNOLOGY SERVICES
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TABLE OF CONTENTS
1 Summary Service Scope and Costs...................................................................................................................... 4 2 CORE IT ................................................................................................................................................................ 5

2.1 Description of Services................................................................................................................................ 5

2.2 Systems Administration .............................................................................................................................. 5

2.3 Endpoint Support........................................................................................................................................ 6

2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services............................................... 6

2.5 Limitations and Client Obligations.............................................................................................................. 6 3 Systems Monitoring ............................................................................................................................................ 8

3.1 Description of Services................................................................................................................................ 8

3.2 Monitoring systems .................................................................................................................................... 8

3.3 Monitoring hours........................................................................................................................................ 9

3.4 Monitoring scope........................................................................................................................................ 9

3.5 Patch Management................................................................................................................................... 10

3.6 Thresholds & Monitoring Criteria ............................................................................................................. 10

3.7 Endpoint anti-virus and anti-malware management................................................................................ 10

3.8 Client notification of monitoring alerts..................................................................................................... 10

3.9 Alert remediation...................................................................................................................................... 10

3.10 Limitations and client obligations............................................................................................................. 11 4 Managed Backups............................................................................................................................................. 12

4.1 Description of Services.............................................................................................................................. 12

4.2 Recovery Point Objective.......................................................................................................................... 12

4.3 Recovery Time Objective .......................................................................................................................... 12

4.4 Standby Server Hosting............................................................................................................................. 12

4.5 System requirements................................................................................................................................ 13

4.6 Effect of Termination ................................................................................................................................ 13

4.7 Estimating data backup costs.................................................................................................................... 13

4.8 Limitations and client obligations............................................................................................................. 14 5 Managed Security Essentials............................................................................................................................. 15

5.1 Description of Services.............................................................................................................................. 15

5.2 List of Services........................................................................................................................................... 15

5.3 Security Incident Response....................................................................................................................... 15

5.4 Limitations and Client Obligations............................................................................................................ 18 6 Managed Security.............................................................................................................................................. 19

6.1 Description of Services.............................................................................................................................. 19

6.2 List of Services........................................................................................................................................... 19

6.3 Limitations and client obligations............................................................................................................. 21 7 Hosting .............................................................................................................................................................. 21

7.1 Description of Services.............................................................................................................................. 21

7.2 Data location............................................................................................................................................. 21

7.3 Service Level Agreement........................................................................................................................... 21

7.4 Effect of Termination ................................................................................................................................ 21 866.926.8746 3 www.xantrion.com
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8 Limitations applicable to all services................................................................................................................. 22

8.1 Support for End Users not covered by a CORE IT agreement................................................................... 22

8.2 Policy Authoring, Audit, and Questionnaire Support................................................................................ 22 9 Authorized Contacts.......................................................................................................................................... 22 10 Phone and Email Support hours of operation................................................................................................... 22

10.1 Phone Answer........................................................................................................................................... 22

10.2 E-mail processing ...................................................................................................................................... 22 11 Rates for Services Outside of Scope.................................................................................................................. 23 12 Travel Expenses................................................................................................................................................. 23 13 Service Level Agreement................................................................................................................................... 24

13.1 Response Time .......................................................................................................................................... 24

13.2 Service Level Credits ................................................................................................................................. 24 15 Costs and Service Detail .................................................................................................................................... 25 16 Counterparts ..................................................................................................................................................... 26 866.926.8746 4 www.xantrion.com
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1 Summary Service Scope and Costs
Service Name Description Included Services
Core IT Comprehensive IT support for your staff, Systems Administration, Remediation, Management and
Maintenance.

Systems
Monitoring
IT infrastructure monitoring designed to detect nonfunctioning systems or services, in addition to conditions which may lead to instability or down time.

Managed Backups Backup of systems and data to protect against loss.

Includes “Best Effort” disaster recovery for data stored in our repository.

Managed Security
Essentials
Fundamental security provisions and practices
recommended for every organization

Managed Security A comprehensive security offering designed to meet the needs of organizations subject to regulatory oversight and compliance requirements, or with a strong need to protect sensitive data.

Consider for
Future
Implementation
Hosting “Private Cloud” services designed to host critical business systems in highly-available redundant secure Datacenters, with locations in Denver and Salt Lake City.

Consider for
Future
Implementation
TOTAL Monthly Recurring Costs (Section 15) $89,000
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2 CORE IT

2.1 Description of Services
CORE IT is a comprehensive offering that includes technology support, administration, design, remediation, and maintenance, designed to provide the Client with:
• A secure and stable Information Technology environment with exceptional up time. • A high level of employee technology support satisfaction. • A competitive advantage.
• The lowest sustainable total cost of ownership.

CORE IT is provided at a fixed monthly cost and includes unlimited desktop and systems support.

2.2 Systems Administration
• User & Resource Management
 Employee Onboarding and Termination
 Hardware and Business Resource provisioning
 Identity management and access control
• Server, Network Infrastructure, and Endpoint Management  Deployment, Administration, Troubleshooting, and Remediation  Purchasing & Warranty Management
 Replacement of systems “In Kind,” at end of life
 Data Backup System management
• Application Management – Cloud or Server-Based
 Deployment, Upgrades, Troubleshooting, & Remediation
 License & Subscription Management
 Vendor Coordination
• Cloud-Based Voice over IP Systems
 Administration, including Moves, Adds, and Changes.
• Internet Connectivity
 Vendor Management
 Troubleshooting & Remediation
• Mobile Devices & Tablets
 Business Email connectivity
 Office 365 apps
 Other business apps (e.g., iTrakIT, iRIMS, iAnnotate) 866.926.8746 6 www.xantrion.com
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2.3 Endpoint Support
• Unlimited remote support services are provided to your staff, 24 x 7 x 365. • On-site support, as required.

2.4 “Virtual Chief Information Officer” (vCIO) and Strategic Planning Services The client will be assigned a Xantrion “vCIO,” whose core objective is to develop and maintain a business technology strategy that meets the business requirements and fosters growth.

Detailed Services include:
• Technology and Security Strategy and Advisement
• Quarterly Business Review meetings
• Business Continuity and Disaster Recovery Strategy
• Cyber Security Risk Assessment and Mitigation Strategy • Budget Projections and Cost Management
• Service Delivery Oversight
 Client Satisfaction Oversight & Reporting
 Identification and Resolution of trends or systemic issues  Support Escalation
• Account Management, including agreement maintenance & resolution of billing matters • Project Coordination and Management
• Incident Response Coordination

2.5 Limitations and Client Obligations

2.5.1 Services provided on a Time and Materials basis
• Physical relocation of Staff systems.

Ex: An employee wishes to move from one office location to another • Support for custom software solutions, developed specifically for your firm, and not supported by a major vendor
Ex: Custom scripts, FileMaker Pro, and Access Databases are considered custom software solutions
• Office Moves and Rebuilds
• Business system or Infrastructure Projects that are being driven by new functionality or features 866.926.8746 7 www.xantrion.com
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Ex: Cloud migrations, ERP, CRM, Accounting, or other Line of Business Application Implementation, Cloud VoIP phone migrations
• Audio/Visual Systems Setup
Ex: Deployment of a new videoconferencing solution, or assisting client guests with connectivity to projectors or displays

2.5.2 Warranties & Valid Support Agreements are Required Except as otherwise agreed, supported equipment, including, but not limited to: servers, shared storage, firewalls, switches, wireless access points, desktop and laptops, must carry a valid warranty and support agreement for these devices to remain with Xantrion’s support scope. All line of business applications must include a valid support agreement, and the appropriate licensing to ensure compliance.

2.5.3 Spare Equipment
We suggest maintaining spare staff systems to expedite setup and deployment in the event of an unexpected new hire or hardware failure. There is no additional monthly cost associated with the maintenance of spare endpoint systems.

2.5.4 Disaster Recovery
Recovery from outages caused by theft of systems or environmental events such as earthquakes, floods, fire or sprinkler system activation will be performed on a time and materials basis.

Clients wishing to reduce the risk of a disaster are encouraged to use cloud services or consider relocating their systems to our secure data centers, as described in Section 7. For clients who maintain servers on-premise, we also offer Standby Server Hosting, described in Section 4.4, to reduce the time and cost associated with recovering from a disaster.

2.5.5 E-Discovery, Forensic and Breach Investigations
Clients are advised that services provided as part of a CORE IT agreement are not designed to capture information required to support a forensic investigation. See also the limitations described in Section

5.3.5. 2.5.6 Abuse / Sabotage
Notwithstanding other provisions, recovery from deliberate damage / sabotage to systems or data, either on-premise or in cloud, will be performed in accordance with the Time and Materials provisions of this agreement.
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2.5.7 Support for Endpoints not Covered by this Agreement Support for systems not covered by this agreement is limited to the configuration and troubleshooting of secure remote access to business systems.

Ex: Business email connectivity or Secure Remote Desktop.

Xantrion will not provide hardware support for these systems out of scope; any operating systemlevel or networking support required to establish secure remote connectivity to business resources will be provided on a Time & Materials basis.

2.5.8 Web Content Development
Xantrion does not manage web site content development or administration. We are happy to provide vendor recommendations for this purpose.
3 Systems Monitoring

3.1 Description of Services
Xantrion’s Monitoring services are designed to improve the overall availability, stability, and performance of the Client’s critical business systems.

Xantrion monitors key operating characteristics of the Client’s designated systems and cloud solutions, in order to detect and address early signs of potential system instability or failure, and to quickly identify and remediate the points of failure, in the event that a system or service outage occurs. Xantrion maintains a history of operating data which can be used as a benchmark for “normal” operations and to aid in the troubleshooting process.

Note that while network breaches may be detected as a result of consequential anomalies in network operations, this service is not designed to provide intrusion detection or prevention and should not be relied upon for these purposes.

3.2 Monitoring systems
Xantrion’s central monitoring systems are located in secure datacenters. Data is gathered from client operating environments, using a combination of probes and agents installed directly on servers and endpoints. Data is also gathered from additional sources external to the client environment to provide a comprehensive overview of system status. Examples of external monitoring include: round-trip email flow, RDS host availability, and Office 365 status.
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3.3 Monitoring hours
Automated monitoring occurs 24 x 7 x 365. Engineers observe and remediate issues “live,” from 6 AM to 7 PM PST, Monday through Friday. On request, Xantrion can establish a limited number of alerts which will trigger a notification to our live After-Hours answering service. The answering service will then contact an available engineer off-hours, alerting them to the issue raised by the system.

3.4 Monitoring scope
The scope of Monitored Systems is dependent upon several factors, including client-specific requirements, capabilities of the monitoring services, and limitations of the systems being monitored.

We recognize that client monitoring requirements are constantly changing as new systems are released and cloud services evolve.  Our centralized monitoring systems are similarly evolving in terms of capacity and capabilities.  Please discuss any specific monitoring needs with your vCIO, so that they may determine whether or not they can be met.

The list below provides a sample of services & systems we will attempt to monitor:

On Premises Systems
Server hardware health
Remote Server Management systems (DRAC /
iLO)
System resource utilization
Disk utilization and I/O
Warranty status
Service availability
Application level monitoring
Active Directory
SQL
Exchange
Internet Information Services
UPS systems availability and battery health
Networking devices
System Resource Utilization
Traffic Throughput
Shared Storage
RAID and Disk health
LUN utilization
SaaS, Websites & External Services
Availability of Services
Response times
TLS/SSL certificate validity
DNS resolution
Expected page verification
Synthetic email route trip testing
Security Monitoring
Antivirus health
Windows patching health
Privileged access groups changes
Common account names monitoring
Outboard firewall port blocking
SFP monitoring
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3.5 Patch Management
Xantrion will manage patch deployment to systems, including servers, infrastructure devices, and endpoints, using our patch management solution.

Xantrion conducts a literature review of all critical and security operating system updates as they are released by Microsoft. Prior to general release, deployment is tested on Xantrion’s systems and on systems that clients have asked to be included within our patching test group. Xantrion will identify and withhold any patches that are deemed problematic.

Approved patches are deployed monthly to workstations and laptop endpoints, and quarterly to servers.
3rd-party Application patching is provided for a select list of supported applications.

3.6 Thresholds & Monitoring Criteria
Xantrion leverages a set of alerting conditions and thresholds within the central monitoring solution that have been developed and tuned, through a combination of manufacturer’s Best Practice recommendations, in addition to real-world conditions. These thresholds are designed with the stability, uptime and health of your systems in mind, and should not be customized.

3.7 Endpoint anti-virus and anti-malware management
Xantrion will manage the licenses, automated deployment, troubleshooting, and administration associated with the anti-virus and anti-malware solution, for all clients with a Core IT agreement, and for clients who have elected to bundle this offering with systems monitoring.

3.8 Client notification of monitoring alerts
If requested, Xantrion will copy any recipients that you designate on automated alert notifications. For urgent and impactful issues, an Engineer will attempt to reach you by phone. For all other issues, we will reach out via e-mail.

3.9 Alert remediation
Xantrion Engineers will attempt to contact Client for authorization before performing any remediation work outside of the standard Core IT agreement. If we are unable to contact you, we will use our best judgement in determining whether or to proceed without authorization. Examples of situations where we may act if we are unable to reach you could include:
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• The affected system is covered under a CORE IT contract and therefore remediation work is included.
• E-mail system is completely down.
• Internet connectivity outage.
• Remediation of issues that are determined to be the direct result of managed patching.

3.10 Limitations and client obligations
The provisions listed in this section apply only to clients whose systems are not covered under a CORE IT agreement, or those with a “Monitoring-Only” Agreement.

3.10.1 Identification of Systems to be monitored
You will provide us with a list of systems and/or cloud services that you want us to monitor. For hardware systems on-premise, we require the following information:
 Device name
 IP address
 Hardware information (type, model, serial number)
 Administrative Login Credentials
 Physical location

3.10.2 Changes to monitoring
Requests to add or remove systems or devices from the monitored scope should be sent in writing to [email protected].

3.10.3 Advance notification of systems maintenance
We ask that you notify us in advance of planned maintenance that will impact services and system uptime, so that we can suspend monitoring and avoid “false alarms.”

3.10.4 Remediation of issues resulting from patching
Client acknowledges that Xantrion’s strategy for repairing an unstable system after patching may be, at our discretion, restoring from backup. Systems not covered by a CORE IT or Managed Backup agreement will be repaired on a time and materials basis. 866.926.8746 12 www.xantrion.com
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4 Managed Backups

4.1 Description of Services
Xantrion will work with the Client to design a managed backup strategy that meets the business’ Disaster Recovery and Data Retention requirements.

Services will include:
• Automated monitoring to ensure backups are completing successfully. • Engineer review of backup-related alerts during the business day. • Data retention as required by the Client (e.g. 30 days, 1 year, 7 years) • Quarterly auditing of the backup selection lists and file restore testing. • Annual test restores of a database or server critical to business operations. • Remediation of any issues related to the managed backup solution. • Restoration of files and servers as requested, subject to the limitations described in Sections 4.3 and 4.4
• Encryption of backup data “in transit” and “at rest” when replicating to Xantrion datacenters. • Optional “cloud-to-cloud” backups for supported cloud services: e.g. Office 365 • An optional on-premises “backup appliance.”

4.2 Recovery Point Objective
Servers are backed up nightly, by default.

4.3 Recovery Time Objective
Data recovery requests will be handled in a timely manner, with restore times being subject to a number of factors (ex: internet bandwidth, etc.) File recovery, dependent upon data size, can generally be performed immediately upon notification. Recovery of an entire server may take 24 hours or longer.

4.4 Standby Server Hosting
For clients storing backups in our datacenter, Xantrion maintains spare hosting capacity to allow for recovery in the event of a local disaster impacting client systems (ie: theft, earthquake, fire, flood) • This operation can take 24 to 72 hours and is subject to the availability of resources. • This agreement includes the cost of 1 month of hosting in our datacenters, should long-term failover be required.
• Xantrion has a client concentration in the San Francisco Bay Area. Resource availability is *not* sufficient to permit the immediate recovery of all clients in the event of a regional disaster. 866.926.8746 13 www.xantrion.com
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• Xantrion offers secure server hosting (described in Section 7) for clients who wish to ensure business continuity in the event of local disaster.

4.5 System requirements
• Client systems must be compatible with Veeam, the backup software on which our platform is built. • Client internet services must be sufficient to permit the nightly replication of critical business systems.
 As a conservative rule of thumb, assume at a minimum that data will change 5% per day and that 5 GB of data can be moved off-site per day for every 1 Mb/s of available internet upload bandwidth capacity.

4.6 Effect of Termination
• Upon termination of the service agreement, unless otherwise requested, Xantrion will delete all copies of your data from our datacenter infrastructure. • In the event of termination, requests to export backup archives (ie: removable storage media) will be fulfilled on a time and materials basis.

4.7 Estimating data backup costs
The client’s estimated monthly recurring costs associated with managed backups, calculated on a perGB basis, are listed in Section 15.

The amount of data being held in aggregate by our hosted infrastructure is dependent upon several factors, including:
• The amount of data being protected
• Daily data change rate
• The degree to which original data can be compressed and deduplicated in the backups • Retention periods
The table below provides a guideline to estimate the total amount of data you will store in our hosted backup infrastructure, based on the amount of data on your servers that we protect and your retention period.

Your actual costs may vary from these.

Retention
period
GB of compressed data in the
backups per GB of original data being
protected
Off-site Storage Schema
Typical case High case
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30 days 1 : 1 2 : 1 Daily incremental backups for the
first 30 days + 1 Full backup
90 days 2 : 1 3 : 1
Daily incremental backups for the
first 30 days + 3 x Monthly full
backups
1 year 5 : 1 8 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
1 x Annual full Backup
7 Years 8 : 1 10 : 1
Daily incremental backups for the
first 30 days +
3 x Monthly full backups
3 x Quarterly full backups
7 x Annual full backups
Example:
• Data stored on your systems: 1,000 GB
• Retention Period: 1 Year
• Estimated Data stored on our systems: 5,000 to 8,000 GB • Cost per Stored GB Given in Section 15
• Total Monthly Cost Actual Data stored * Cost per stored GB

4.8 Limitations and client obligations
Clients must define data retention requirements and notify us of any changes to these requirements.

Clients with systems not covered by a CORE IT agreement must identify which systems should be included in the scope of the backups.

Searches of electronic data, restoration of historical data for the purpose of legal investigations will be performed under the time and materials provisions of this agreement.

It is not feasible to ensure the backup of laptop and desktop systems with a high degree of confidence.

Backups of laptop and desktop endpoints, if requested, are performed on a “Best Effort” basis. As a Best Practice, all sensitive data should be stored on server hardware or in a secure cloud environment. 866.926.8746 15 www.xantrion.com
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5 Managed Security Essentials

5.1 Description of Services
Xantrion’s Managed Security Essentials service helps clients achieve an enhanced cybersecurity posture and implement appropriate defensive safeguards to address common cybersecurity threats.

5.2 List of Services
The following services are included in Managed Security Essentials:

5.2.1 Security Awareness Training
End users may subscribe to Xantrion’s standard security awareness training program. This program will consist of periodic email security testing and optional online video-based training.

5.2.2 Multi-Factor Authentication
Xantrion will supply and manage an approved multi-factor authentication system.

5.2.3 Mobile Application Management
Xantrion will supply and manage an approved mobile application management system.

5.2.4 Advanced Internet Filtering
Xantrion will deploy advanced internet filtering technology to laptops, extending internet filtering to these devices when they are outside the corporate network. Internet filtering includes the detection of malware and blocking of malicious domains.

5.3 Security Incident Response

5.3.1 Overview
Xantrion will assist our clients in responding to Security Incidents affecting their information systems within the limitations of existing agreements. Client Security Incidents are handled according to Xantrion’s pre-defined Security Incident Response Policy.

Please see Section 6.3 regarding limitations on services provided pursuant to this provision.

5.3.2 Definitions
Security Event: Any observable change or occurrence in a system. Certain correlated events may become Security Alerts through automated analysis.
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Security Alert: Notifications that a certain event or series of events have occurred. Alerts can be generated from automated systems or received in the form of user request to our service desk.

Security Alerts may be escalated to become Security Incidents.

Security Incident: A single or series of security events that, as assessed by Xantrion, have a significant likelihood of threatening information security and impacting business operations.

Containment: Containment of a Security Incident are tasks performed by incident responders to limit the scope and impact of an ongoing Security Incident.

Recovery: Recovery from a Security Incident is the process of returning impacted systems to normal operation and removing artifacts of the incident from the system. (For example; removing malware and recovering data from backup). Recovery steps may include remediation of security vulnerabilities to prevent future incidents.

5.3.3 Classification and Prioritization
Xantrion classifies Security Alerts into 4 categories:

Category Description
Insufficient
Information
Xantrion does not have the required information to properly classify this alert. Additional information is required from the client to continue processing this alert.

Harmful The alert is identified as an attack or attempted attack that may result in damage or unauthorized access to information systems.

The cause of the alert has rendered the Client’s infrastructure vulnerable or compromised. Harmful alerts are escalated as Security Incidents.

Harmless The alert is identified as a known attack, attempted known attack or reconnaissance effort. The client’s systems are not considered vulnerable or compromised.

False
Positive
The alert may be falsely triggered, is informational, or has been determined to be benign.
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Xantrion prioritizes Security Incidents, based on their functional, informational, and recoverability impact:

Priority Description
High The incident impacts critical business functions. Represents a high likelihood of impacting information availability or confidentiality or requires a significant recovery effort.

Medium The incident impacts multiple users. Represents a medium likelihood of impacting information availability or confidentiality. Recoverability effort is expected to be less than 24 hours.

Low The incident is limited in scope and does not significantly impact business operations. There is a low likelihood of impacting information availability or confidentiality the recovery effort is minimal.

5.3.4 Detection
Security Incidents are declared solely by Xantrion based a variety of sources including automated analysis and reports from end users. Xantrion will assess incoming Security Alerts to determine if a Security Incident is occurring or has occurred.

5.3.5 Notification
Xantrion will notify our clients within 24 hours after a High or Medium priority Security Incident has been declared within the environment.

5.3.6 Containment and recovery
For systems covered by CORE IT, Xantrion will perform all reasonable tasks to contain a Security Incident and once contained, recover systems to normal operation.

5.3.7 Post-Incident activity
An Incident Report will be produced by Xantrion for all High and Medium priority Security Incidents.

The report will be limited to Xantrion’s involvement in the incident including: a summary of the incident, timeline of events, impact analysis, containment and recovery steps, root-cause analysis, and any additional recommended actions.
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5.4 Limitations and Client Obligations

5.4.1 Disclaimer of Warranty
Information security and compliance is a wide-ranging discipline which requires the involvement from all parts of a business. Xantrion’s expertise and this service are limited specifically to the technical cybersecurity aspects of a comprehensive information security program. It is important to understand that subscribing to this service alone does not guarantee compliance with any law or regulation nor guarantee the absolute security of your systems.

5.4.2 Data Security Responsibility
Client acknowledges and agrees that Xantrion does not provide legal services or warrant that the services or products provided or obtained on client’s behalf will ensure client’s compliance with any law, including but not limited to any law relating to safety, security or privacy.

5.4.3 Missing information
Client is responsible for providing missing information for alerts classified as “Insufficient Information”. If client fails to supply such information Xantrion may send a reminder or close the alert.

5.4.4 Incident Response
It is the responsibility of the client to direct Xantrion’s response to an incident according to their own policies and procedures, especially if evidence must be preserved, or a forensic investigation is expected. Clients are advised to maintain their own incident response plan including their own reporting requirements.

The primary goal of Xantrion’s incident response service is to contain and recover from Security Incidents. Client is aware that Xantrion may take immediate action without notification to contain and recover from a detected incident. Certain containment and recovery actions may hinder future forensic investigations.

Xantrion’s capabilities to assist with containment and recovery are limited for systems not covered by a CORE IT agreement. Containment of, and recovery from Security Incidents for these systems will be performed in coordination with the client on a best effort, time and materials basis.

5.4.5 Investigations
Clients are advised that services provided under Managed Security Essentials are not designed to capture information required to support a forensic investigation. 866.926.8746 19 www.xantrion.com
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Investigation including root cause analysis, preservation of evidence, attempts to determine if information was accessed or exfiltrated by unauthorized actors, or to identify unauthorized actors will be performed on a best efforts, time and materials basis. 6 Managed Security

6.1 Description of Services
Xantrion’s Managed Security service delivers a multi-layered cybersecurity solution tailored for small and medium businesses. The service is designed to aid clients in meeting regulatory compliance requirements and operating a secure computing environment.

Managed Security requires a Systems Monitoring agreement for all covered systems.

6.2 List of Services
The following services are included as part of the full Managed Security offering.

6.2.1 Cybersecurity Roadmap
Xantrion will provide access to our internally developed cybersecurity standards based on industry leading control frameworks. A gap analysis will be performed, at least annually, between our developed standards and current state including recommendations for improving the client’s security posture.

6.2.2 Automated Security Analysis and Alert Management
Automated analysis will be performed on logs, system configurations, and other data points using metrics developed by Xantrion and its partners. Alerts will be triggered on specific pre-defined conditions and will generate a support ticket to be handled by Xantrion’s Network Operations Center (NOC) or Service Desk.

6.2.3 Customized Security Awareness Training
Xantrion will customize a security awareness training program using the included training platform including phishing email exercises and video-based training.

6.2.4 Log Aggregation and Management
Xantrion will install a system to collect specific security logs from capable servers and network security devices. These logs will be stored for 30 days in a resilient and secure hosted location.

Xantrion will provide and install necessary log collectors and configure supported systems to send logs. At the end of the retention period, log data will be permanently deleted on a first-in-first-out 866.926.8746 20 www.xantrion.com
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(FIFO) basis. If this agreement is terminated for any reason, Xantrion will be relieved of its obligation to store client’s log data. Retention beyond 30 days is available at additional cost.

6.2.5 Vulnerability Scanning and Management
Xantrion will scan Client’s internal and internet facing hosts on a quarterly basis for devices covered by this agreement. The scan data will be used to identify known vulnerabilities and results summarized and delivered to client for review.

For systems covered by a CORE IT agreement, critical vulnerabilities will be scheduled for remediation. For systems not covered by a CORE IT agreement remediation can be performed on a time and materials basis.

6.2.6 Sensitive Data Discovery
Xantrion will scan client’s network annually, or more often as mutually agreed, to discover locations where sensitive data, such as Personally Identifiable Information (PII), is stored. Results will be summarized and delivered to client for review.

6.2.7 Account Authentication Analytics
Xantrion will manage an approved authentication analytics system. The system is designed to detect abnormal account behavior which may indicate compromise.

6.2.8 Identity Access Management
Xantrion will manage an approved identity management system used to provide single-sign on capabilities between the client’s identity provider and other systems.

6.2.9 Self-Assessment Support
Xantrion will provide support If client initiates or is requested to perform a self-assessment or complete a security questionnaire by a regulating agency, or partner. Included support is limited to responding to pre-formed questionnaires.

6.2.10 Quarterly Reporting
On a quarterly basis Xantrion will deliver a report describing the performance of services included in this agreement.

6.2.11 Annual Security Review
Xantrion will meet with the client on an annual basis to review their cybersecurity program. Topics for review during this meeting can include:
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• Security Incidents
• Existing cybersecurity policies
• Latest security reports
• Exceptions to standards or recommendations

6.3 Limitations and client obligations
The following services can be performed according to the time and materials provisions of the General Service Agreement.
• New functionality added to existing systems, including new single-sign-on integrations. • Vendor Assessments
7 Hosting

7.1 Description of Services
Xantrion will host your systems on Xantrion-owned assets, configured to provide a fault-tolerant operating environment for your critical systems.

7.2 Data location
Data is stored in secure DataCenter locations in the continental United States.

7.3 Service Level Agreement
See Section 13.2 of this document.

7.4 Effect of Termination
Unless otherwise agreed upon, all client data will be deleted from our hosting environment upon termination of this service.

Prior to termination, in order to ensure continuity of service, at no cost, we will make server images and / or data available to Client or Client’s new service provider for migration to their systems.

We can perform a migration from our service to an alternate provider or provide copies of images on portable media on a time and materials basis.
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8 Limitations applicable to all services

8.1 Support for End Users not covered by a CORE IT agreement Support requests for end users not covered by a CORE IT agreement must be escalated to us by the client’s internal IT team. Xantrion cannot take support requests directly from end users, themselves.

8.2 Policy Authoring, Audit, and Questionnaire Support
Assistance with the creation of Client’s internal compliance and security policies, responses to third party audit requests for a detailed description of client’s cybersecurity, business continuity and / or disaster recovery practices will be provided on a time and materials basis. E.G. regulatory examinations, ISO certification, SSAE audits, investor, insurance, or other due diligence requests. 9 Authorized Contacts
The Client will provide Xantrion with a list of individuals, including e-mail addresses and mobile phone numbers, who are authorized to approve access control requests, as defined in the “Support FAQs for Liaisons” document.
10 Phone and Email Support hours of operation
Our phones are answered live 24 x 7 x 365. Details of coverage as follows:

10.1 Phone Answer
• Phones are answered live by our Client Service Representatives from 6:00 AM to 7:00 PM PST, Monday through Friday, excluding normal holidays. Our CSRs will make every effort to connect you to an Engineer who can assist you immediately.
• If all Engineers are busy when you call, we can arrange for a scheduled call-back • Calls received outside of the defined business hours will be taken by a third-party answering service who will then patch the call to an On-Call Engineer, for resolution.

10.2 E-mail processing
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• Do not e-mail if you need help immediately; please call 866.926.8746 23 www.xantrion.com
15900501.4
• E-mail requests are monitored during business hours, 9AM to 5PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day
11 Rates for Services Outside of Scope
Base Hourly rate
C Level $245/hr.

Engineer IV $220/hr.

Engineer III $195/hr.

Engineer II $170/hr.

Engineer I $145/hr.
• Business hours are 6:00 AM to 7:00 PM PST (M-F,) excluding traditional holidays. • Work outside of business hours, or scheduled less than 1 day in advance, is charged at 1.5 times the applicable base hourly rate.
• Work is charged in fifteen (15) minute increments.
• The minimum site visit charge is four (4) hours of service. 12 Travel Expenses
• There is no charge for travel within our normal service area, defined as the 9 counties that make up the “Bay Area.”
• Client will be notified in advance of any travel or work outside of the Bay Area that will incur added costs.
• Travel Expenses associated with work outside of the Bay Area (including transportation, hotel stays, per diem food expenses) will be billed to the client at cost. • Time associated with travel outside of the Bay Area will be billed at ½ of the applicable Base Hourly Rate.
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13 Service Level Agreement

13.1 Response Time

13.1.1 Business-Critical issues
• For “business-critical” issues, or those that prevent a group of individuals from doing their work, Xantrion will make every effort to respond immediately. Your vCIO, if available, or a Xantrion manager, will coordinate the appropriate resources on the Xantrion side and provide you with a summary of impacted systems, a remediation plan and regular updates on progress. • Xantrion will work the issue continuously until resolved, engaging Sr-level Engineering resources, subject matter experts, and vendors, as required.

13.1.2 Non-Urgent Issues and Change Requests
• For non-urgent issues and change requests, email [email protected] • Expect a response within 1 business day
• E-mail requests are monitored during business hours, 6AM to 6PM PST weekdays, excluding holidays. Messages received after hours are converted into a ticket that is assigned to an Engineer at the start of the next business day

13.2 Service Level Credits
For each thirty (30) minutes of downtime from the time we are notified (excluding scheduled maintenance,) Xantrion will issue a credit of five percent (5%) of the total Hosted Services, Systems Monitoring or Managed Backup Fees due to Xantrion for the month in which such Critical event occurred, not to exceed the total Hosted Services, Systems Monitoring or Data Backup Fees for such month.

Client is not entitled to a credit for downtime or outages resulting from circumstances beyond our control including, but not limited to, ransomware, denial of service attacks, virus attacks, or hacking attempts. 14 Client-Specific Provisions
None.
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15 Costs and Service Detail
Type Qty Each Total
Active Users 425 $196 $83,300
Backups TBs 57 $100.00 $5,700
Monthly Total $89,000
Annual Total $1,068,260
The price and employee counts will stay constant through the first year unless there are significant changes to the environment; significant defined as 10% or more of the monthly cost. 866.926.8746 26 www.xantrion.com
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16 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written below.

Signed:

Printed: Anne Bisagno
Title: President
Company Xantrion, Inc.

Date: September 30, 2022

CITY OF SAN RAFAEL
By: ______________________________
JIM SCHUTZ, City Manager
ATTEST:
______________________________
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
______________________________
ROBERT F. EPSTEIN, City Attorney
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.e
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Finance
Prepared by: Nadine Atieh Hade,
Administrative Services Director
City Manager Approval: ______________
TOPIC: CITY QUARTERLY INVESTMENT REPORT
SUBJECT: ACCEPTANCE OF CITY OF SAN RAFAEL QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022
RECOMMENDATION: Accept investment report for the quarter ending September 30, 2022, as presented.

BACKGROUND: Pursuant to the State of California Government Code Section 53601 and the City’s investment policy, last approved by the City Council on June 21, 2022, staff provides the City Council with a quarterly report on the City's investment activities and liquidity. Included in the report are the cost of each investment, the interest rates (yield), maturity dates, and market value. Separate reports are prepared for the City and the Successor Agency to San Rafael Redevelopment Agency.

The City invests a portion of its pooled funds in the Local Agency Investment Fund (LAIF), a State-run investment pool. Beginning in March 2014, the City incorporated an investment strategy that added purchases of securities outside of LAIF with the assistance of its investment advisor, Insight Investment.

ANALYSIS: As of September 30, 2022, the primary LAIF account had a balance of $32,563,203.

Portfolio returns on LAIF deposits were 1.51% for the quarter ending September 30, 2022. The remaining investment assets include the $1,075,200 balance of Pt. San Pedro Assessment District bonds, and $43,393,448 in government agency securities and corporate bonds (including Walmart Inc., Apple Inc., American Honda Finance, Procter Gamble Co., Toyota, Caterpillar, Bank of America, John Deere, Citibank, PNC Financial Services, US Bancorp, IBM Corp, 3M Company, PepsiCo, JP Morgan Chase, Pfizer, and Chevron). The overall total portfolio returns for the quarter ending September 30, 2022, were

1.30%.

The City’s Westamerica general operating bank account had a balance of $14,447,629 at quarter end.

Exhibit A is composed of three parts: (1) Quarterly Investment Portfolio Report; (2) Historical Activity by Quarter summarizing the City’s investments; and (3) the three monthly investment reports from Insight Investment for the quarter.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
FISCAL IMPACT: No financial impact occurs by adopting the report. The City continues to meet the priority principles of investing - safety, liquidity, yield, and diversification. The portfolio remains conservatively invested and sufficient liquidity exists to meet daily operating and capital project requirements for the next six months. Operating funds, as defined for this report, exclude cash held with fiscal agents for the payment of bond principal and interest.

RECOMMENDATION: Accept investment report for the quarter ending September 30, 2022, as presented.

ATTACHMENTS:

Exhibit A:

1. Quarterly Investment Portfolio Report

2. Historical Activity by Quarter Report

3. Insight Investment Statements, July through September 2022 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
I CERTIFY THAT ALL INVESTMENTS MADE ARE IN CONFORMANCE WITH THE CITY’S APPROVED INVESTMENT POLICY AND STATE INVESTMENT REGULATIONS. THE CITY HAS SUFFICIENT

LIQUIDITY TO MEET ALL OF THE OBLIGATIONS REQUIRED DURING THE NEXT SIX-MONTH PERIOD.

NADINE ATIEH HADE

FINANCE DIRECTOR
% Return
LAIF 32,635,124 $       97.2% 1.51%
LAIF ‐ RDA 155,665 $             0.5% 1.51%
LAIF ‐ RDA 02 TARB 772,414 $             2.3% 1.51%
Total Internally Managed 33,563,203 $       43.0%
Weighted Average Yield 1.51%
Days
Effective Average Duration ‐ Internal 1
Weighted Average Maturity ‐ Internal 1
% Return
Cash $              94,380 0.2% 1.00%
Treasury Securities 19,352,963 $       43.5% 1.20%
Instrumentality Securities 10,891,851 $       24.5% 0.95% Corporate Notes 13,054,253 $       29.4% 0.90%
Municipal 1,075,200 $          2.4% 5.25%
Total Externally Managed 44,468,648 $       57.0%
Weighted Average Yield 1.15%
Years
Effective Average Duration ‐ External 1.39
Weighted Average Maturity ‐ External 1.53
Total Portfolio Assets % Return
LAIF 33,563,203 $       43.0% 1.51%
Cash 94,380 $               0.1% 1.00%
Treasury Securities 19,352,963 $       24.8% 1.20%
Instrumentality Securities 10,891,851 $       14.0% 0.95% Corporate Notes 13,054,253 $       16.7% 0.90%
Municipal 1,075,200 $          1.4% 5.25%
Total Portfolio Assets 78,031,851 $
Weighted Average Yield 1.30%
Years
Effective Average Duration ‐ Total 0.79
Weighted Average Maturity ‐ Total 0.87
Based on Market Values
September 30, 2022
City of Rafael
Quarterly Investment Portfolio Report
Externally Managed Assets
Internally Managed Assets
LAIF, 97.2%
LAIF ‐ RDA, 0.5%
LAIF ‐ RDA 02
TARB, 2.3%
Cash , 0.2%
Treasury
Securities,

43.5%
Instrumentality
Securities,

24.5%
Corporate
Notes, 29.4% Municipal, 2.4%
LAIF
43%
Cash
0%
Treasury
Securities
25%
Instrumentality
Securities
14%
Corporate Notes
17% Municipal
1%
Exhibit A
Internally Managed Assets % Return % Return % Return % Return % Return % Return LAIF 33,407,538 $ 99.5% 1.51% 49,325,065 $ 99.7% 0.86% 37,295,675 $ 99.6% 0.37% 37,272,941 $ 99.6% 0.21% 40,246,878 $ 99.6% 0.21% 45,213,641 $ 99.7% 0.26% LAIF ‐ Housing 155,665 $ 0.5% 1.51% 155,374 $ 0.3% 0.86% 155,252 $ 0.4% 0.37% 155,163 $ 0.4% 0.21% 155,068 $ 0.4% 0.21% 154,942 $ 0.3% 0.26% Total Internally Managed 33,563,203 $ 43.0% $ 49,480,439 52.5% $ 37,450,927 45.4% $ 37,428,104 45.0% $ 40,401,946 54.7% $ 45,368,583 57.5% Weighted Average Yield 1.51% 0.86% 0.37% 0.21% 0.21% 0.26% Externally Managed Assets % Return % Return % Return % Return % Return % Return Cash $ 94,380 0.2% 1.00% 155,858 $ 0.3% 0.02% 34,607 $ 0.1% 0.02% 160,462 $ 0.4% 0.02% 106,899 $ 0.3% 0.02% 56,088 $ 0.2% 0.01%Treasury Securities 19,352,963 $ 43.5% 1.20% 19,307,642 $ 43.0% 0.70% 19,322,375 $ 42.9% 0.54% 17,936,293 $ 39.2% 0.51% 6,202,242 $ 18.5% 0.69% 4,439,182 $ 13.3% 0.70% Instrumentality Securities 10,891,851 $ 24.5% 0.95% 11,004,000 $ 24.5% 0.96% 11,081,069 $ 24.6% 0.95% 12,774,395 $ 27.9% 1.09% 12,058,266 $ 36.1% 1.23% 13,695,843 $ 40.9% 1.21% Corporate Notes 13,054,253 $ 29.4% 0.90% 13,224,805 $ 29.5% 0.90% 13,449,548 $ 29.9% 0.69% 13,782,838 $ 30.1% 0.65% 13,918,907 $ 41.6% 0.66% 14,048,276 $ 42.0% 0.68% Municipal/Assessment District 1,075,200 $ 2.4% 5.25% 1,159,300 $ 2.6% 5.25% 1,159,300 $ 2.6% 5.25% 1,159,300 $ 2.5% 5.25% 1,159,300 $ 3.5% 5.25% 1,239,200 $ 3.7% 5.25% Total Externally Managed 44,468,648 $ 57.0% $ 44,851,605 47.5% $ 45,046,900 54.6% $ 45,813,288 55.0% $ 33,445,614 45.3% $ 33,478,588 42.5% Weighted Average Yield 1.15% 0.94% 0.81% 0.83% 1.03% 1.07% Years Years Years Years Years Years
Effective Average Duration ‐ External 1.39 1.45 1.56 1.68 1.91 2.02 Weighted Average Maturity ‐ External 1.53 1.60 1.72 1.87 2.26 2.39 Total Portfolio Assets % Return % Return % Return % Return % Return % Return LAIF 33,563,203 $ 43.0% 1.51% 49,480,439 $ 52.5% 0.86% 37,450,927 $ 45.4% 0.37% 37,428,104 $ 45.0% 0.21% 40,401,946 $ 54.7% 0.21% 45,368,583 $ 57.5% 0.26% Cash 94,380 $ 0.1% 1.00% 155,858 $ 0.2% 0.02% 34,607 $ 0.0% 0.02% 160,462 $ 0.2% 0.02% 106,899 $ 0.1% 0.02% 56,088 $ 0.1% 0.01%Treasury Securities 19,352,963 $ 24.8% 1.20% 19,307,642 $ 20.5% 0.70% 19,322,375 $ 23.4% 0.54% 17,936,293 $ 21.5% 0.51% 6,202,242 $ 8.4% 0.69% 4,439,182 $ 5.6% 0.70% Instrumentality Securities 10,891,851 $ 14.0% 0.95% 11,004,000 $ 11.7% 0.96% 11,081,069 $ 13.4% 0.95% 12,774,395 $ 15.3% 1.09% 12,058,266 $ 16.3% 1.23% 13,695,843 $ 17.4% 1.21% Corporate Notes 13,054,253 $ 16.7% 0.90% 13,224,805 $ 14.0% 0.90% 13,449,548 $ 16.3% 0.69% 13,782,838 $ 16.6% 0.65% 13,918,907 $ 18.8% 0.66% 14,048,276 $ 17.8% 0.68% Municipal/Assessment District 1,075,200 $ 1.4% 5.25% 1,159,300 $ 1.2% 5.25% 1,159,300 $ 1.4% 5.25% 1,159,300 $ 1.4% 5.25% 1,159,300 $ 1.6% 5.25% 1,239,200 $ 1.6% 5.25% Total Portfolio Assets 78,031,850 $ $ 94,332,045 $ 82,497,826 $ 83,241,391 $ 73,847,559 $ 78,847,170 Weighted Average Yield 1.30% 0.90% 0.61% 0.55% 0.58% 0.60% Years Years Years Years Years Years
Effective Average Duration ‐ Total 0.79 0.69 0.85 0.93 0.87 0.86 Weighted Average Maturity ‐ Total 0.87 0.76 0.94 1.03 1.03 1.02 Performance Recap
‐The weighted average quarterly portfolio yield increased from 0.90% to 1.30% during the past quarter. Yields are rising as the Federal Reserve increases interest rates to combat inflation. ‐The effective average duration increased, from 0.69 to 0.79 years since last quarter, this is a result of the decrease from 52.5% to 43% of the portfolio's assets being held in LAIF, which is highly liquid. ‐The total portfolio assets decreased by approximately $16.3 million during the quarter. This is reflective of transfers to support operating activities during the first quarter when property taxes are not received.

September 30, 2022
City of San Rafael
Historical Activity‐By Quarter
June 30, 2022 March 31, 2022 December 31, 2021 September 30, 2021 June 30, 2021 T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2022‐10‐17\FIN ‐ Quarterly Investment Report\Insight‐Quarterly Report combined 09‐30‐22

FOR PROFESSIONAL CLIENTS ONLY
NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVALPLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENTSAN RAFAELJuly 2022 Contents
Fixed income market review 3Activity and performance summary 4Recap of securities held 6Maturity distribution of securities held 7Securities held 8GASB 40 - Deposit and investment risk disclosure 13Securities purchased 18Securities sold and matured 19Detail of return and interest received 20Transaction report 24Additional information 25

FIXED INCOME MARKET REVIEW
As of July 31, 2022

SAN RAFAEL
Chart 1: Federal Reserve brings policy rates back to its estimate of “neutral”Source: Bloomberg, July 31, 2022Chart 2: Treasury yields largely edge down from their highsSource: Bloomberg, July 31, 2022 Economic Indicators and Monetary PolicyHeadline CPI set yet another 40-year record, breaching 9%, more than the expected8.8%. Core CPI did decline for the second straight month, however, albeit remainingwell above target at 5.9%. Energy CPI was once again the largest driver, although“sticky” sectors such as rents and healthcare prices also continued to accelerate.The Federal Reserve (Fed) raised policy rates by 75bps for the second meeting in arow. This took the Fed Funds rate to a range of 2.25% to 2.50%. This reaches many ofthe committee’s estimates of the long-term “neutral” rate (Chart 1). In Chair Powell’swords, this was an “expeditious” move from the “zero bound” just four months ago,signalling that it will hike rates at a slower pace from now.Labor market indicators continued to be strong. Nonfarm payrolls rose by 372,000,stronger than expected. It showed solid job growth across the board with goodsindustries adding 48,000 jobs and services adding 333,000. Wage growth slightlyslowed but remained historically strong at 5.1%. The unemployment rate wasunchanged at 3.6%, around pre-pandemic lows.However, concerns of recession continued to build, and other indicators were lesspositive. The Conference Board consumer confidence index declined from 98.4 inJune to 95.7, below expectations. The manufacturing PMI declined from 52.7 in Juneto 52.3 and the services PMI fell from 52.7 to 47.0 (contractionary territory). ThePhiladelphia Fed manufacturing survey fell from -3.3 to -12.3, disappointingexpectations. Existing home sales dropped 5.4%, where a modest decline wasexpected. On the positive side, nominal retail sales increased 1%, slightly aboveexpectations.Interest Rate SummaryThe yield curve inverted during the month, with maturities above 2-years generallyfalling by up to 40bp while yields rose at the front end (Chart 2). At the end of July, the3-month US Treasury bill yielded 2.41%, the 6-month US Treasury bill yielded 2.88%,the 2-year US Treasury note yielded 2.89%, the 5-year US Treasury note yielded 2.68%and the 10-year US Treasury note yielded 2.65%. 3 ACTIVITY AND PERFORMANCE SUMMARY
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Amortized Cost Basis Activity Summary
Opening balance 46,063,045.93
Income received 50,283.09
Total receipts 50,283.09
Expenses paid (250.00)
Total disbursements (250.00)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Realized gain (loss) 0.00Change in accruals from security movement 0.00 Total amortization expense (32,706.84)Total OID/MKT accretion income 6,999.12 Return of capital 0.00
Closing balance 46,087,371.30Ending fair value 45,012,618.06 Unrealized gain (loss) (1,074,753.24)
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.39 0.35 0.14Overnight Repo 0.35 0.33 0.14Merrill Lynch 3m US Treas Bill 0.51 0.49 0.18Merrill Lynch 6m US Treas Bill 0.73 0.68 0.21ML 1 Year US Treasury Note 1.10 0.99 0.25ML 2 Year US Treasury Note 1.46 1.20 0.25ML 5 Year US Treasury Note 1.87 1.30 0.25 * rates reflected are cumulative
Summary of Amortized Cost Basis Return for the Period
Total portfolio
Interest earned 65,536.61Accretion (amortization) (25,707.72)Realized gain (loss) on sales 0.00Total income on portfolio 39,828.89Average daily amortized cost 46,070,651.49Period return (%)Weighted average final maturity in days 591YTD return (%) Detail of Amortized Cost Basis Return
Interest
earned
Realized
gain (loss)
Accretion
(amortization)
Total
income
Cash and Cash Equivalents 138.24 0.00 138.24 0.00Corporate Bonds 30,813.38 (19,567.19) 11,246.19 0.00Government Agencies 12,314.95 (3,000.95) 9,314.00 0.00Government Bonds 17,029.04 (3,139.58) 13,889.46 0.00Municipal/Provincial Bonds 5,241.00 0.00 5,241.00 0.00Total 65,536.61 (25,707.72) 0.00 39,828.89

0.090.48
4 ACTIVITY AND PERFORMANCE SUMMARY
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Fair Value Basis Activity Summary
Opening balance 44,851,605.48
Income received 50,283.09
Total receipts 50,283.09
Expenses paid (250.00)
Total disbursements (250.00)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital 0.00Change in fair value for the period 110,979.49 Ending fair value 45,012,618.06
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.39 0.35 0.14Overnight Repo 0.35 0.33 0.14ICE Bofa 3 Months US T-BILL 0.21 0.20 0.05ICE Bofa 6m US Treas Bill 0.10 0.13 0.09ICE Bofa 1 Yr US Treasury Note (1.30) (0.85) 0.17ICE BofA US Treasury 1-3 (3.13) (1.87) 0.34ICE BofA US Treasury 1-5 (4.30) (2.43) 0.67 * rates reflected are cumulative
Detail of Fair Value Basis Return
Interest
earned
Change in
fair value
Total
income
Cash and Cash Equivalents 138.24 0.00 138.24Corporate Bonds 30,813.38 45,094.76 75,908.14Government Agencies 12,314.95 11,387.92 23,702.87Government Bonds 17,029.04 54,496.81 71,525.85Municipal/Provincial Bonds 5,241.00 0.00 5,241.00Total 65,536.61 110,979.49 176,516.10 Summary of Fair Value Basis Return for the Period
Total portfolio
Interest earned 65,536.61Total income on portfolio 176,516.10Average daily total value * 45,109,754.53Period return (%) 0.39Weighted average final maturity in days 591Change in fair value 110,979.49YTD return (%) (1.69)* Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Weighted
average
final
maturity (days)
Weighted
average
effective
duration (years)
Percent
of
portfolio
Amortized
cost
Historical
cost
Fair value Unrealized
gain (loss)
Cash and Cash Equivalents 47,393.46 47,393.46 47,393.46 0.00 0.10 0.00 1Corporate Bonds 13,972,353.40 13,636,892.06 13,269,899.67 (366,992.39) 553 30.01 1.28Government Agencies 11,353,540.36 11,276,504.70 11,015,388.09 (261,116.61) 421 24.38 1.11Government Bonds 20,029,399.64 19,967,281.08 19,520,636.84 (446,644.24) 536 43.02 1.43Municipal/Provincial Bonds 1,159,300.00 1,159,300.00 1,159,300.00 0.00 3,688 2.49 7.71Total 46,561,986.86 46,087,371.30 45,012,618.06 (1,074,753.24) 591 100.00 1.46 Cash and Cash EquivalentsCorporate BondsGovernment AgenciesGovernment BondsMunicipal/Provincial Bonds Portfolio diversification (%)
Cash and Cash Equivalents 0.10Corporate Bonds 30.01Government Agencies 24.38Government Bonds 43.02Municipal/Provincial Bonds 2.49 Portfolio diversification (%)
6 MATURITY DISTRIBUTION OF SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Maturity Historic cost PercentUnder 90 days 2,556,759.18 5.4990 to 179 days 3,302,517.08 7.09180 days to 1 year 7,554,549.32 16.231 to 2 years 24,411,902.34 52.432 to 3 years 4,495,005.68 9.653 to 4 years 3,081,953.26 6.624 to 5 years 0.00 0.00Over 5 years 1,159,300.00 2.49 46,561,986.86 100.00
Maturity distribution

0.005.00

10.0015.0020.0025.00
Historical cost (mm)
Under 90 days
90 to 179 days
180 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
7 SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 47,393.46 47,393.46 47,393.46 0.00 0.00 0.10 47,393.46 Total Cash and Cash Equivalents 47,393.46 47,393.46 47,393.46 47,393.46 0.00 0.10 0.00Corporate Bonds931142DH3 2.550 04/11/2023 509,155.00 501,233.44 (2,495.70) 3,895.83 01/11/2023
WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 500,000.00 498,737.74 1.09 037833AK6 APPLE INC 2.4% 03MAY2023 2.400 05/03/2023 506,880.00 501,437.06 (3,636.25) 2,933. 500,000.00 497,800.81 33 1.09 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 1.950 05/10/2023 1,031,510.00 1,012,119.23 (20,617.37) 4 1,000,000.00 991,501.86 ,387.50 2.22742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 3.100 08/15/2023 520,430.00 512,705.22 (12,510.31) 7,147 500,000.00 500,194.91 .22 1.1289236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 1.350 08/25/2023 714,959.00 706,815.64 (19,193.99) 4,095 700,000.00 687,621.65 .00 1.5414912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 3.750 11/24/2023 1,086,390.00 1,044,413.08 (35,555.02) 6 1,000,000.00 1,008,858.06 ,979.17 2.3306051GHC6 3.004 12/20/2023 525,795.00 504,594.53 (5,923.75) 1,710.61 12/20/2022
BANK OF AMERICA CORP 3.004% 20DEC2023 500,000.00 498,670.78 1.13(CALLABLE 20DEC22) 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 0.450 01/11/2024 479,342.40 479,586.72 (18,140.14) 120.0 480,000.00 461,446.58 0 1.0324422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 0.450 01/17/2024 1,001,230.00 1,000,664.83 (36,645.36) 1 1,000,000.00 964,019.47 75.00 2.15 17325FAS7 3.650 01/23/2024 541,470.00 522,261.91 (19,614.82) 405.56 12/23/2023
CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 500,000.00 502,647.09 1.16 8 SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Corporate Bonds693475AV7 3.500 01/23/2024 957,939.00 925,668.26 (22,521.51) 700.00 12/24/2023
PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 900,000.00 903,146.75 2.0623DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,042,268.20 (39,189.92) 16,500.00 01/05/2024
US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 1,000,000.00 1,003,078.28 2.32 459200HU8 IBM CORP 3.625% 12FEB2024 3.625 02/12/2024 1,086,900.00 1,047,968.80 (43,871.78) 1 1,000,000.00 1,004,097.02 7,017.36 2.33 88579YBB6 3.250 02/14/2024 541,935.00 520,867.94 (19,894.14) 7,538.19 01/14/2024
3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 500,000.00 500,973.80 1.16 713448CM8 3.600 03/01/2024 537,465.00 520,454.78 (16,660.98) 7,500.00 12/01/2023
PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) 500,000.00 503,793.80 1.15 06051GHF9 3.550 03/05/2024 535,525.00 508,048.34 (8,929.83) 7,198.61 03/05/2023
BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 500,000.00 499,118.51 1.1505MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 511,370.10 (12,255.02) 4,844.19 04/23/2023
JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 500,000.00 499,115.08 1.1523APR23) 717081DM2 PFIZER INC 3.4% 15MAY2024 3.400 05/15/2024 537,160.00 525,150.26 (20,885.00) 3,588 500,000.00 504,265.26 .89 1.15166764BW9 1.554 05/11/2025 667,380.00 669,849.84 3,563.43 2,417.33 04/11/2025
CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 700,000.00 673,413.27 1.4311APR25) 46647PBH8 2.005 03/13/2026 577,518.00 579,413.88 (12,014.93) 4,611.50 03/13/2025
JPMORGAN CHASE & CO 2.005% 13MAR2026 600,000.00 567,398.95 1.24(CALLABLE 13MAR25) Total Corporate Bonds 13,380,000.00 13,972,353.40 13,636,892.06 13,269,899.67 (366,992.39) 103,765.29 30.01Government Agencies3135G0T78 FANNIE MAE 2% 05OCT2022 2.000 10/05/2022 1,260,435.75 1,252,127.06 (3,173.67) 8, 1,250,000.00 1,248,953.39 055.56 2.71 9 SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Agencies3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2.500 12/09/2022 1,021,240.00 1,002,211.43 (3,988.83) 3, 1,000,000.00 998,222.60 611.11 2.19 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 1.375 02/17/2023 1,201,698.09 1,200,989.72 (11,104.23) 7 1,200,000.00 1,189,885.49 ,516.67 2.583137EAEQ8 FREDDIE MAC 0.375% 20APR2023 0.375 04/20/2023 1,248,223.75 1,249,035.86 (22,403.87) 1 1,250,000.00 1,226,631.99 ,315.10 2.683135G0U43 FANNIE MAE 2.875% 12SEP2023 2.875 09/12/2023 1,047,553.22 1,013,377.46 (14,088.20) 1 1,000,000.00 999,289.26 1,100.69 2.253135G0V34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 621,262.80 607,500.47 (10,802.47) 7,333 600,000.00 596,698.00 .33 1.333133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.350 04/22/2024 1,000,000.00 1,000,000.00 (40,966.89) 9 1,000,000.00 959,033.11 62.50 2.15 3130AMQQ8 0.350 04/23/2024 1,000,000.00 1,000,000.00 (40,331.52) 369.44 09/23/2022
FEDERAL HOME LOAN BANK 0.35% 23APR2024 1,000,000.00 959,668.48 2.15(CALLABLE 23SEP22) 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,850.36 (54,108.44) 1,108.33 10/26/2022
FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 1,200,000.00 1,145,741.92 2.58 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 0.375 05/06/2024 1,000,000.00 1,000,000.00 (43,717.63) 8 1,000,000.00 956,282.37 85.42 2.15 (CALLABLE 05AUG22)
3135G0V75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 753,426.75 751,412.34 (16,430.86) 1,057 750,000.00 734,981.48 .29 1.62 Total Government Agencies 11,250,000.00 11,353,540.36 11,276,504.70 11,015,388.09 (261,116.61) 43,315.44 24.38Government Bonds91282CAN1 USA TREASURY 0.125% 30SEP2022 0.125 09/30/2022 1,248,929.97 1,249,768.54 (4,043.84) 52 1,250,000.00 1,245,724.70 0.83 2.68 10 SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds912828M80 USA TREASURY 2% 30NOV2022 2.000 11/30/2022 1,269,750.29 1,254,190.11 (7,119.80) 4, 1,250,000.00 1,247,070.31 166.67 2.73 912828Z29 USA TREASURY 1.5% 15JAN2023 1.500 01/15/2023 1,011,526.79 1,005,042.97 (11,332.03) 6 1,000,000.00 993,710.94 52.17 2.17 912828Z86 USA TREASURY 1.375% 15FEB2023 1.375 02/15/2023 1,263,920.20 1,256,595.52 (16,702.94) 7 1,250,000.00 1,239,892.58 ,881.56 2.71912828ZD5 USA TREASURY 0.5% 15MAR2023 0.500 03/15/2023 1,000,315.85 1,000,161.85 (15,239.97) 1 1,000,000.00 984,921.88 ,875.00 2.1591282CCK5 USA TREASURY 0.125% 30JUN2023 0.125 06/30/2023 792,846.43 795,534.03 (16,002.78) 84.24 800,000.00 779,531.25 1.7091282CCN9 USA TREASURY 0.125% 31JUL2023 0.125 07/31/2023 989,808.04 993,427.45 (21,396.20) 625.0 1,000,000.00 972,031.25 0 2.139128282D1 USA TREASURY 1.375% 31AUG2023 1.375 08/31/2023 1,265,970.98 1,260,250.42 (31,295.34) 7 1,250,000.00 1,228,955.08 ,145.89 2.7291282CAW1 USA TREASURY 0.25% 15NOV2023 0.250 11/15/2023 1,000,120.54 1,000,061.24 (33,811.24) 5 1,000,000.00 966,250.00 23.10 2.15 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 661,529.52 653,758.28 (10,689.92) 2,302 650,000.00 643,068.36 .08 1.4291282CBA8 USA TREASURY 0.125% 15DEC2023 0.125 12/15/2023 1,194,566.52 1,196,594.75 (42,344.75) 1 1,200,000.00 1,154,250.00 88.53 2.57 91282CBV2 USA TREASURY 0.375% 15APR2024 0.375 04/15/2024 1,001,175.22 1,000,678.39 (43,334.64) 1 1,000,000.00 957,343.75 ,096.31 2.1591282CCC3 USA TREASURY 0.25% 15MAY2024 0.250 05/15/2024 996,878.35 998,142.35 (44,626.73) 523.1 1,000,000.00 953,515.62 0 2.14 11 SECURITIES HELD
As of July 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds912828D56 USA TREASURY 2.375% 15AUG2024 2.375 08/15/2024 1,038,011.16 1,029,476.43 (40,101.43) 1 1,000,000.00 989,375.00 0,890.88 2.23 9128282Y5 USA TREASURY 2.125% 30SEP2024 2.125 09/30/2024 1,051,800.23 1,036,050.78 (51,675.78) 7 1,000,000.00 984,375.00 ,083.33 2.26912828YM6 USA TREASURY 1.5% 31OCT2024 1.500 10/31/2024 1,014,925.23 1,011,822.39 (41,548.95) 3 1,000,000.00 970,273.44 ,750.00 2.18912828YV6 USA TREASURY 1.5% 30NOV2024 1.500 11/30/2024 722,889.06 716,574.17 (38,257.76) 1,750 700,000.00 678,316.41 .00 1.5591282CAJ0 USA TREASURY 0.25% 31AUG2025 0.250 08/31/2025 1,095,937.50 1,099,331.81 9,496.32 1,24 1,200,000.00 1,108,828.13 7.28 2.3591282CAM3 USA TREASURY 0.25% 30SEP2025 0.250 09/30/2025 456,445.31 457,112.53 4,078.88 416.67 0. 500,000.00 461,191.41 989128285N6 USA TREASURY 2.875% 30NOV2025 2.875 11/30/2025 496,212.61 496,267.77 4,591.61 2,395.83 500,000.00 500,859.38 1.0791282CBQ3 USA TREASURY 0.5% 28FEB2026 0.500 02/28/2026 455,839.84 456,439.30 4,713.05 1,039.40 500,000.00 461,152.35 0.98 Total Government Bonds 20,050,000.00 20,029,399.64 19,967,281.08 19,520,636.84 (446,644.24) 56,157.87 43.02Municipal/Provincial Bonds888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 5.250 09/02/2032 1,159,300.00 1,159,300.00 0.00 25,190.6 1,159,300.00 1,159,300.00 2 2.49 SANRAF$01
Total Municipal/Provincial Bonds 1,159,300.00 1,159,300.00 1,159,300.00 1,159,300.00 0.00 2.49 25,190.62Grand total 45,886,693.46 46,561,986.86 46,087,371.30 (1,074,753.24) 45,012,618.06 228,429.22 100.00 12 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of July 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
United States Treasury Note/Bond91282CAN1 USA TREASURY 0.125% 0.125 09/30/2022 AA+ Aaa 1,250,000.00 1,248,929.97 2.68 1,245,724.70 2.77 0.17912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 1,250,000.00 1,269,750.29 2.73 1,247,070.31 2.77 0.34912828Z29 USA TREASURY 1.5% 1.500 01/15/2023 AA+ Aaa 1,000,000.00 1,011,526.79 2.17 993,710.94 2.21 0.47912828Z86 USA TREASURY 1.375% 1.375 02/15/2023 AA+ Aaa 1,250,000.00 1,263,920.20 2.71 1,239,892.58 2.75 0.54912828ZD5 USA TREASURY 0.5% 0.500 03/15/2023 AA+ Aaa 1,000,000.00 1,000,315.85 2.15 984,921.88 2.19 0.6291282CCK5 USA TREASURY 0.125% 0.125 06/30/2023 AA+ Aaa 800,000.00 792,846.43 1.70 779,531.25 1.73 0.9191282CCN9 USA TREASURY 0.125% 0.125 07/31/2023 AA+ Aaa 1,000,000.00 989,808.04 2.13 972,031.25 2.16 0.999128282D1 USA TREASURY 1.375% 1.375 08/31/2023 AA+ Aaa 1,250,000.00 1,265,970.98 2.72 1,228,955.08 2.73 1.0691282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.15 966,250.00 2.15 1.27912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.42 643,068.36 1.43 1.3091282CBA8 USA TREASURY 0.125% 0.125 12/15/2023 AA+ Aaa 1,200,000.00 1,194,566.52 2.57 1,154,250.00 2.56 1.3591282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 2.15 957,343.75 2.13 1.6791282CCC3 USA TREASURY 0.25% 0.250 05/15/2024 AA+ Aaa 1,000,000.00 996,878.35 2.14 953,515.62 2.12 1.76912828D56 USA TREASURY 2.375% 2.375 08/15/2024 AA+ Aaa 1,000,000.00 1,038,011.16 2.23 989,375.00 2.20 1.959128282Y5 USA TREASURY 2.125% 2.125 09/30/2024 AA+ Aaa 1,000,000.00 1,051,800.23 2.26 984,375.00 2.19 2.08912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,000,000.00 1,014,925.23 2.18 970,273.44 2.16 2.18912828YV6 USA TREASURY 1.5% 1.500 11/30/2024 AA+ Aaa 700,000.00 722,889.06 1.55 678,316.41 1.51 2.2691282CAJ0 USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aaa 1,200,000.00 1,095,937.50 2.35 1,108,828.13 2.46 3.0291282CAM3 USA TREASURY 0.25% 0.250 09/30/2025 AA+ Aaa 500,000.00 456,445.31 0.98 461,191.41 1.02 3.109128285N6 USA TREASURY 2.875% 2.875 11/30/2025 AA+ Aaa 500,000.00 496,212.61 1.07 500,859.38 1.11 3.1491282CBQ3 USA TREASURY 0.5% 0.500 02/28/2026 AA+ Aaa 500,000.00 455,839.84 0.98 461,152.35 1.02 3.49Issuer total 20,050,000.00 20,029,399.64 43.02 19,520,636.84 43.37 1.43Federal National Mortgage Association3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 1,250,000.00 1,260,435.75 2.71 1,248,953.39 2.77 0.19 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of July 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Federal National Mortgage Association3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 2.25 999,289.26 2.22 1.083135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.33 596,698.00 1.33 1.453136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2022 AA+ Aaa 1,200,000.00 1,199,700.00 2.58 1,145,741.92 2.55 1.683135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 1.62 734,981.48 1.63 1.86Issuer total 4,800,000.00 4,882,378.52 10.49 4,725,664.05 10.50 1.17Federal Home Loan Banks3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 2.19 998,222.60 2.22 0.363130AJ7E3 FEDERAL HOME LOAN 1.375 02/17/2023 AA+ Aaa 1,200,000.00 1,201,698.09 2.58 1,189,885.49 2.64 0.553130AMQQ FEDERAL HOME LOAN 0.350 04/23/2024 09/23/2022 AA+ Aaa 1,000,000.00 1,000,000.00 2.15 959,668.48 2.13 1.66Issuer total 3,200,000.00 3,222,938.09 6.92 3,147,776.57 6.99 0.83Federal Farm Credit Banks Funding Corp3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.15 959,033.11 2.13 1.693133EMYR7 FEDERAL FARM CREDIT 0.375 05/06/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.15 956,282.37 2.12 1.69 Issuer total 2,000,000.00 2,000,000.00 4.30 1,915,315.48 4.26 1.69 Federal Home Loan Mortgage Corp3137EAEQ8 FREDDIE MAC 0.375% 0.375 04/20/2023 AA+ Aaa 1,250,000.00 1,248,223.75 2.68 1,226,631.99 2.73 0.71 Issuer total 1,250,000.00 1,248,223.75 2.68 1,226,631.99 2.73 0.71 PT. SAN ASSESS DISTRICT888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,159,300.00 1,159,300.00 2.49 1,159,300.00 2.58 7.71 Issuer total 1,159,300.00 1,159,300.00 2.49 1,159,300.00 2.58 7.71 Toyota Motor Credit Corp89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 1.54 687,621.65 1.53 1.04 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of July 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Toyota Motor Credit Corp89236THU2 TOYOTA MOTOR CREDIT 0.450 01/11/2024 A+ A1 480,000.00 479,342.40 1.03 461,446.58 1.03 1.42 Issuer total 1,180,000.00 1,194,301.40 2.56 1,149,068.23 2.55 1.19 JPMorgan Chase & Co46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A2 500,000.00 534,240.00 1.15 499,115.08 1.11 0.7246647PBH8 JPMORGAN CHASE & CO 2.005 03/13/2026 03/13/2025 A- A2 600,000.00 577,518.00 1.24 567,398.95 1.26 2.48 Issuer total 1,100,000.00 1,111,758.00 2.39 1,066,514.03 2.37 1.63 Caterpillar Financial Services Corp14912L5X5 CATERPILLAR FINL 3.750 11/24/2023 A A2 1,000,000.00 1,086,390.00 2.33 1,008,858.06 2.24 1.27 Issuer total 1,000,000.00 1,086,390.00 2.33 1,008,858.06 2.24 1.27 International Business Machines Corp459200HU8 IBM CORP 3.625% 3.625 02/12/2024 A- A3 1,000,000.00 1,086,900.00 2.33 1,004,097.02 2.23 1.45 Issuer total 1,000,000.00 1,086,900.00 2.33 1,004,097.02 2.23 1.45 US Bancorp91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A2 1,000,000.00 1,079,130.00 2.32 1,003,078.28 2.23 1.39 Issuer total 1,000,000.00 1,079,130.00 2.32 1,003,078.28 2.23 1.39 Bank of America Corp06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.13 498,670.78 1.11 0.3906051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.15 499,118.51 1.11 0.59 Issuer total 1,000,000.00 1,061,320.00 2.28 997,789.29 2.22 0.49 American Honda Finance Corp02665WDH1 AMERICAN HONDA 1.950 05/10/2023 A- A3 1,000,000.00 1,031,510.00 2.22 991,501.86 2.20 0.77 Issuer total 1,000,000.00 1,031,510.00 2.22 991,501.86 2.20 0.77 15 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of July 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
John Deere Capital Corp24422EVN6 JOHN DEERE CAPITAL 0.450 01/17/2024 A A2 1,000,000.00 1,001,230.00 2.15 964,019.47 2.14 1.43 Issuer total 1,000,000.00 1,001,230.00 2.15 964,019.47 2.14 1.43 PNC Financial Services Group Inc/The693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.06 903,146.75 2.01 1.38 Issuer total 900,000.00 957,939.00 2.06 903,146.75 2.01 1.38 Chevron Corp166764BW9 CHEVRON CORP 1.554% 1.554 05/11/2025 04/11/2025 AA- Aa2 700,000.00 667,380.00 1.43 673,413.27 1.50 2.65 Issuer total 700,000.00 667,380.00 1.43 673,413.27 1.50 2.65 Pfizer Inc717081DM2 PFIZER INC 3.4% 3.400 05/15/2024 A+ A2 500,000.00 537,160.00 1.15 504,265.26 1.12 1.71 Issuer total 500,000.00 537,160.00 1.15 504,265.26 1.12 1.71 PepsiCo Inc713448CM8 PEPSICO INC 3.6% 3.600 03/01/2024 12/01/2023 A+ A1 500,000.00 537,465.00 1.15 503,793.80 1.12 1.35 Issuer total 500,000.00 537,465.00 1.15 503,793.80 1.12 1.35 Citibank NA17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 500,000.00 541,470.00 1.16 502,647.09 1.12 1.38 Issuer total 500,000.00 541,470.00 1.16 502,647.09 1.12 1.38 3M Co88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.16 500,973.80 1.11 1.42 Issuer total 500,000.00 541,935.00 1.16 500,973.80 1.11 1.42 16 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of July 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Procter & Gamble Co/The742718EB1 PROCTER & GAMBLE 3.100 08/15/2023 AA- Aa3 500,000.00 520,430.00 1.12 500,194.91 1.11 1.00 Issuer total 500,000.00 520,430.00 1.12 500,194.91 1.11 1.00 Walmart Inc931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.09 498,737.74 1.11 0.61 Issuer total 500,000.00 509,155.00 1.09 498,737.74 1.11 0.61 Apple Inc037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aaa 500,000.00 506,880.00 1.09 497,800.81 1.11 0.75 Issuer total 500,000.00 506,880.00 1.09 497,800.81 1.11 0.75 Cash and Cash Equivalents
INVESTED CASH 0.000 47,393.46 47,393.46 0.00 47,393.46 0.11 0.00 Issuer total 47,393.46 47,393.46 0.00 47,393.46 0.11 0.00 Grand total 45,886,693.46 46,561,986.86 100.00 45,012,618.06 100.00 1.46 17 SECURITIES PURCHASED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Par value or
shares
Unit cost Accrued
interest
Trade date
Settle date
Coupon Maturity/
Call date
Principal
cost
Cusip Description / Broker
Government Bonds91282CAM3 07/13/2022 09/30/2025 500,000.00 91.29 (456,445.31) (362 0.250 .02) 07/15/2022
USA TREASURY 0.25% 30SEP2025BNP PARIBAS PARIS
9128285N6 07/13/2022 11/30/2025 500,000.00 99.24 (496,212.61) (1,7 2.875 67.42) 07/15/2022
USA TREASURY 2.875% 30NOV2025RBC CAPITAL MARKETS, LLC
91282CBQ3 07/13/2022 02/28/2026 500,000.00 91.17 (455,839.84) (930 0.500 .71) 07/15/2022
USA TREASURY 0.5% 28FEB2026CREDIT AGRICOLE CIB
Total Government Bonds 1,500,000.00 (1,408,497.76) (3,060.15) Grand total Grand total 1,500,000.00 (1,408,497.76) (3,060.15) 18 SECURITIES SOLD AND MATURED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Historical cost Amortized cost
at sale or
maturity
Fair value at
sale or
maturity
Realized
gain
(loss)
Trade date Coupon Price
Settle date
Maturity/
Call date
Par value or
shares
Cusip Accrued
interest
sold
Description / Broker
Government Bonds9128287C8 07/15/2022 (1,250,000.00) 1,261,088.17 1,250,000.00 0.0 1.750 0 1,250,000.00 0.00 0.00 07/15/2022
WI TREASURY SEC WI TREASURY SEC1.75% DUE 07-15-2022 REG Total (Government Bonds) (1,250,000.00) 1,261,088.17 1,250,000.00 1,250,000.00 0.00 0.00 Grand total (1,250,000.00) 1,261,088.17 1,250,000.00 1,250,000.00 0.00 0.00 19 DETAIL OF RETURN AND INTEREST RECEIVED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 138.24 138.24
Total Cash 0.00 0.00 0.00 138.24 138.24Corporate Bonds
88579YBB6 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) (1,194.73) 0.00 1,862.55 1,399.30 0.00 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 (1,298.49) 0.00 1,972.59 1,679.17 0.00 037833AK6 APPLE INC 2.4% 03MAY2023 (157.92) 0.00 692.78 1,033.33 0.00 06051GHC6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) (984.54) 0.00 309.84 1,293.39 0.00 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) (1,123.02) 0.00 724.53 1,528.47 0.00 14912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 (2,810.95) 0.00 1,586.34 3,229.17 0.00 166764BW9 CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25) 903.60 0.00 9,668.89 936.71 0.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,327.75) 0.00 1,199.70 1,571.53 9,125.00 459200HU8 IBM CORP 3.625% 12FEB2024 (2,607.00) 0.00 1,980.56 3,121.53 0.00 24422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 (37.85) 0.00 5,118.26 387.50 2,250.00 46647PBH8 JPMORGAN CHASE & CO 2.005% 13MAR2026 (CALLABLE 13MAR25) 473.97 0.00 5,533.23 1,035.92 0.00 46647PAP1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) (1,296.97) 0.00 652.13 1,532.34 0.00 713448CM8 PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) (1,275.77) 0.00 555.67 1,550.00 0.00 717081DM2 PFIZER INC 3.4% 15MAY2024 (1,169.78) 0.00 3,548.76 1,463.89 0.00 693475AV7 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) (1,530.91) 0.00 3,020.75 2,712.50 15,750.00 742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 (1,016.42) 0.00 (2,601.77) 1,334.72 0.00 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 23.80 0.00 1,915.26 186.00 1,080.00 20 DETAIL OF RETURN AND INTEREST RECEIVED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Corporate Bonds
89236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 (531.09) 0.00 3,246.92 813.75 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (2,375.54) 0.00 5,354.85 2,906.25 0.00 931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) (229.83) 0.00 (1,247.08) 1,097.91 0.00 Total Corporate Bonds (19,567.19) 0.00 45,094.76 28,205.00 30,813.38Government Agencies 3136G46B4 FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 6.92 0.00 2,752.84 361.66 0.00 3135G0V75 FANNIE MAE 1.75% 02JUL2024 (61.22) 0.00 1,927.16 1,130.21 6,562.50 3135G0T78 FANNIE MAE 2% 05OCT2022 (981.72) 0.00 (462.02) 2,152.78 0.00 3135G0V34 FANNIE MAE 2.5% 05FEB2024 (412.87) 0.00 954.57 1,291.66 0.00 3135G0U43 FANNIE MAE 2.875% 12SEP2023 (998.32) 0.00 (619.86) 2,475.69 0.00 3133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.00 0.00 2,776.40 301.39 0.00 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 05AUG22) 0.00 0.00 2,819.28 322.92 0.00 3130AMQQ8 FEDERAL HOME LOAN BANK 0.35% 23APR2024 (CALLABLE 23SEP22) 0.00 0.00 2,631.83 301.38 0.00 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 (150.71) 0.00 (228.65) 1,420.84 0.00 3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 (514.28) 0.00 (2,636.77) 2,152.78 0.00 3137EAEQ8 FREDDIE MAC 0.375% 20APR2023 111.25 0.00 1,473.14 403.64 0.00 Total Government Agencies (3,000.95) 0.00 11,387.92 12,314.95 6,562.50Government Bonds 91282CBA8 USA TREASURY 0.125% 15DEC2023 210.29 0.00 2,812.50 127.05 0.00 91282CCK5 USA TREASURY 0.125% 30JUN2023 414.50 0.00 1,375.00 84.24 0.00 21 DETAIL OF RETURN AND INTEREST RECEIVED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Government Bonds
91282CAN1 USA TREASURY 0.125% 30SEP2022 117.63 0.00 927.52 132.34 0.00 91282CCN9 USA TREASURY 0.125% 31JUL2023 558.22 0.00 2,031.25 107.04 0.00 91282CCC3 USA TREASURY 0.25% 15MAY2024 88.06 0.00 3,085.93 210.60 0.00 91282CAW1 USA TREASURY 0.25% 15NOV2023 (4.03) 0.00 2,578.12 210.60 0.00 91282CAM3 USA TREASURY 0.25% 30SEP2025 667.22 0.00 4,746.10 54.65 0.00 91282CAJ0 USA TREASURY 0.25% 31AUG2025 2,769.04 0.00 10,078.13 252.71 0.00 91282CBV2 USA TREASURY 0.375% 15APR2024 (33.70) 0.00 2,734.37 317.62 0.00 912828ZD5 USA TREASURY 0.5% 15MAR2023 (22.10) 0.00 468.76 421.20 0.00 91282CBQ3 USA TREASURY 0.5% 28FEB2026 599.46 0.00 5,312.51 108.69 0.00 912828Z86 USA TREASURY 1.375% 15FEB2023 (1,027.45) 0.00 (439.45) 1,471.86 0.00 9128282D1 USA TREASURY 1.375% 31AUG2023 (802.43) 0.00 2,050.78 1,447.86 0.00 912828Z29 USA TREASURY 1.5% 15JAN2023 (930.55) 0.00 (39.06) 1,273.72 7,500.00 912828YV6 USA TREASURY 1.5% 30NOV2024 (602.34) 0.00 3,062.50 889.34 0.00 912828YM6 USA TREASURY 1.5% 31OCT2024 (445.32) 0.00 4,140.63 1,263.59 0.00 912828M80 USA TREASURY 2% 30NOV2022 (1,064.71) 0.00 (976.57) 2,117.49 0.00 912828U57 USA TREASURY 2.125% 30NOV2023 (239.24) 0.00 533.21 1,169.91 0.00 9128282Y5 USA TREASURY 2.125% 30SEP2024 (1,411.07) 0.00 3,007.81 1,799.86 0.00 912828D56 USA TREASURY 2.375% 15AUG2024 (1,224.89) 0.00 2,617.19 2,033.84 0.00 9128285N6 USA TREASURY 2.875% 30NOV2025 55.16 0.00 4,646.77 628.41 0.00 22 DETAIL OF RETURN AND INTEREST RECEIVED
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Government Bonds
9128287C8 WI TREASURY SEC WI TREASURY SEC 1.75% DUE 07-15-2022 REG (811.33) 0.00 (257.19) 906.42 10,937.50 Total Government Bonds (3,139.58) 0.00 54,496.81 18,437.50 17,029.04Municipal/Provincial Bonds 888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 0.00 0.00 0.00 5,241.00 0.00 Total Municipal/Provincial Bonds 0.00 0.00 0.00 5,241.00 0.00Grand total (25,707.72) 110,979.49 53,343.24 0.00 65,536.61 23 TRANSACTION REPORT
For the period July 1, 2022 - July 31, 2022

SAN RAFAEL
Maturity Par value or
shares
Trade date Cusip Sec type Description Transaction Principal Interest Transaction totalSettle date Realized
gain(loss)
07/02/2022 6,562.5007/02/2022
3135G0V75 Government Agencies FANNIE MAE 1.75% 02JUL2 Income 024 07/02/2024 750,000.00 0.00 6,562.50 0.00 07/11/2022 1,080.0007/11/2022
89236THU2 Corporate Bonds TOYOTA MOTOR CREDIT CORP 01/ Income 11/2024 480,000.00 0.00 1,080.00 0.00 07/13/2022 (1,767.42)07/15/2022
9128285N6 Government Bonds USA TREASURY 2.875% 11/30/2 Bought 025 500,000.00 (496,212.61) (497,980.03) 0.00 07/13/2022 (362.02)07/15/2022
91282CAM3 Government Bonds USA TREASURY 0.25% 09/30/20 Bought 25 500,000.00 (456,445.31) (456,807.33) 0.00 07/13/2022 (930.71)07/15/2022
91282CBQ3 Government Bonds USA TREASURY 0.5% 02/28/202 Bought 6 500,000.00 (455,839.84) (456,770.55) 0.00 07/15/2022 10,937.5007/15/2022
9128287C8 Government Bonds WI TREASURY SEC WI 07/15/20 Income 22 1,250,000.00 0.00 10,937.50 0.00 07/15/2022 0.0007/15/2022
9128287C8 Government Bonds WI TREASURY SEC WI 07/15/20 Capital Change 22 (1,250,000.00) 1,250,000.00 1,250,000.00 0.00 07/15/2022 7,500.0007/15/2022
912828Z29 Government Bonds USA TREASURY 1.5% 01/15/202 Income 3 1,000,000.00 0.00 7,500.00 0.00 07/17/2022 2,250.0007/17/2022
24422EVN6 Corporate Bonds JOHN DEERE CAPITAL CORP 01/1 Income 7/2024 1,000,000.00 0.00 2,250.00 0.00 07/23/2022 9,125.0007/23/2022
17325FAS7 Corporate Bonds CITIBANK NA 3.65% 23JAN2024 Income 01/23/2024 500,000.00 0.00 9,125.00 0.00 07/23/2022 15,750.0007/23/2022
693475AV7 Corporate Bonds PNC FINANCIAL SERVICES 3.5% Income 01/23/2024 900,000.00 0.00 15,750.00 0.00 07/31/2022 Income Cash and Cash Equivalents Cash 0.00 0.00 0.00 138.24 138.24 24 ADDITIONAL INFORMATION
As of July 31, 2022

SAN RAFAEL
Past performance is not a guide to future performance. The value of investments and any income from them will fluctuate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get back the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest rates. Investment returns fluctuate due to changesin market conditions. Investment involves risk, including the possible loss of principal. No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for your reference only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. Thisdocument must not be used for the purpose of an offer or solicitation in any jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party without consent from Insight. This is a marketing document intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment: Insight North America LLC (INA) and Insight Investment InternationalLimited (IIIL). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectively) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment.INA is an investment adviser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training.

You may request, without charge, additional information about Insight. Moreover, specific information relating to Insights strategies, including investment advisory fees, may be obtained from INA's Form ADV Part 2A, which isavailable without charge upon request.Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. INA charges management fees on all portfolios managed and these feeswill reduce the returns on the portfolios. For example, assume that $30 million is invested in an account with INA, and this account achieves a 5.0% annual return compounded monthly, gross of fees, for a period of five years.

At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the five year period would be $38,022,447. Actual fees for new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV.

Unless otherwise stated, the source of information is Insight. Any forecasts or opinions are Insight’s own at the date of this document (or as otherwise specified) and may change. Material in this publication is for general information only and is not advice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropriate investment strategies depend upon specific investment guidelines and objectives and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a previously held security will not be repurchased. It should not be assumed that any of the security transactions or holdings referenced herein have been or will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed.Please compare the information provided in this statement to the information provided in the statement received from your Custodian.

For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker.In calculating ratings distributions and weighted average portfolio quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respective benchmark index. WhenMoody’s, S&P and Fitch rate a security, Bank of America and Merrill Lynch indexes assign a simple weighted average statistic while Barclays indexes assign the median statistic. Insight assigns all other securities the lower of Moody’s and S&P ratings.Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is anappropriate benchmark for such comparison. You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of theindices may be materially different from that of the strategy. In addition, the strategy’s holdings may differ substantially from the securities that comprise the indices shown.

The ICE BofA 3 Month US T-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income. The ICE BofA 6 Month US T-Bill index measures the performance of Treasury bills with time to maturity of less than 6 months.

The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctionedon or before the third business day before the last business day of the month.The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctionedon or before the third business day before the last business day of the month.The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctionedon or before the third business day before the last business day of the month.The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years.

The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. 25 ADDITIONAL INFORMATION
As of July 31, 2022

SAN RAFAEL
Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment.

NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVALPLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENTSAN RAFAEL August 2022
Contents
Fixed income market review 3Activity and performance summary 4Recap of securities held 6Maturity distribution of securities held 7Securities held 8GASB 40 - Deposit and investment risk disclosure 13Detail of return and interest received 18Transaction report 22Additional information 23

FIXED INCOME MARKET REVIEW
As of August 31, 2022

SAN RAFAEL
Chart 1: CPI shows signs of peakingSource: Bloomberg, August 31, 2022Chart 2: Treasury yields rise in response to central bank rhetoricSource: Bloomberg, August 31, 2022 Economic Indicators and Monetary PolicyHeadline CPI fell to 8.5% from the previous month’s 40-year record of 9.1% and camein lower than expected. Core CPI was unchanged at 5.9% (Chart 1). Energy CPIretraced, falling -4.6% month-on-month as did other commodity-based sectors,outside of food inflation. However, sticky sectors such as rents, medical services andeducation continued to be relatively high.Labor market data was strong again. The US economy added 528,000 jobs in July,more than double the consensus for 250,000. The leisure and hospitality sector wasparticularly strong with 96,000 new jobs created. The unemployment rateunexpectedly fell to 3.5% from 3.6%, equalling pre-pandemic lows. Wage growthremained unchanged at 5.2%Federal Reserve (Fed) Chair Powell emphasized the central bank’s resolve to bringinflation back down to the 2% target at the annual Jackson Hole Economic Symposium,even at the cost of lower equity prices and slower economic growth. Powell stated,conditions “likely require maintaining a restrictive policy stance for some time.” Healso reiterated his hawkish message, saying that “the employment costs of bringingdown inflation are likely to increase with delay”.On the political front, Congress passed the Inflation Reduction Act (IRA) of 2022,which is expected to narrowly lower the deficit and is focused on provisions for cleanenergy, health care spending, health care savings and revenue provisions, including a15% minimum tax for corporations with more than $1bn in revenue, and a 1% excisetax on stock buybacks.Elsewhere, the ISM manufacturing composite edged down from 53.0 to 52.8, thelowest since summer 2020. The ISM services index surprisingly rose to 56.7 where adecline was expected.Interest Rate SummaryYields generally rose during the month, given the Federal Reserve’s rhetoric onpersisting with its hiking cycle (Chart 2). At the end of August, the 3-month USTreasury bill yielded 2.95%, the 6-month US Treasury bill yielded 3.36%, the 2-year USTreasury note yielded 3.50%, the 5-year US Treasury note yielded 3.35% and the 10-year US Treasury note yielded 3.20%. 3 ACTIVITY AND PERFORMANCE SUMMARY
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Amortized Cost Basis Activity Summary
Opening balance 46,087,371.30
Income received 103,872.66
Total receipts 103,872.66
Expenses paid (250.00)
Total disbursements (250.00)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Realized gain (loss) 0.00Change in accruals from security movement 0.00 Total amortization expense (31,977.40)Total OID/MKT accretion income 7,953.99 Return of capital 0.00
Closing balance 46,166,970.55Ending fair value 44,849,886.64 Unrealized gain (loss) (1,317,083.91)
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.58 0.54 0.20Overnight Repo 0.54 0.52 0.19Merrill Lynch 3m US Treas Bill 0.73 0.68 0.21Merrill Lynch 6m US Treas Bill 0.97 0.88 0.24ML 1 Year US Treasury Note 1.37 1.19 0.27ML 2 Year US Treasury Note 1.71 1.36 0.27ML 5 Year US Treasury Note 2.06 1.41 0.25 * rates reflected are cumulative
Summary of Amortized Cost Basis Return for the Period
Total portfolio
Interest earned 63,717.80Accretion (amortization) (24,023.41)Realized gain (loss) on sales 0.00Total income on portfolio 39,694.39Average daily amortized cost 46,133,772.13Period return (%)Weighted average final maturity in days 557YTD return (%) Detail of Amortized Cost Basis Return
Interest
earned
Realized
gain (loss)
Accretion
(amortization)
Total
income
Cash and Cash Equivalents 85.16 0.00 85.16 0.00Corporate Bonds 29,819.43 (19,649.09) 10,170.34 0.00Government Agencies 11,917.72 (3,000.74) 8,916.98 0.00Government Bonds 16,823.55 (1,373.58) 15,449.97 0.00Municipal/Provincial Bonds 5,071.94 0.00 5,071.94 0.00Total 63,717.80 (24,023.41) 0.00 39,694.39

0.090.57
4 ACTIVITY AND PERFORMANCE SUMMARY
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Fair Value Basis Activity Summary
Opening balance 45,012,618.06
Income received 103,872.66
Total receipts 103,872.66
Expenses paid (250.00)
Total disbursements (250.00)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital 0.00Change in fair value for the period (266,354.08) Ending fair value 44,849,886.64
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.58 0.54 0.20Overnight Repo 0.54 0.52 0.19ICE Bofa 3 Months US T-BILL 0.37 0.35 0.16ICE Bofa 6m US Treas Bill 0.24 0.28 0.14ICE Bofa 1 Yr US Treasury Note (1.53) (0.92) (0.23)ICE BofA US Treasury 1-3 (3.82) (2.21) (0.72)ICE BofA US Treasury 1-5 (5.44) (3.23) (1.25) * rates reflected are cumulative
Detail of Fair Value Basis Return
Interest
earned
Change in
fair value
Total
income
Cash and Cash Equivalents 85.16 0.00 85.16Corporate Bonds 29,819.43 (89,399.41) (59,579.98)Government Agencies 11,917.72 (60,707.58) (48,789.86)Government Bonds 16,823.55 (116,247.09) (99,423.54)Municipal/Provincial Bonds 5,071.94 0.00 5,071.94Total 63,717.80 (266,354.08) (202,636.28) Summary of Fair Value Basis Return for the Period
Total portfolio
Interest earned 63,717.80Total income on portfolio (202,636.28)Average daily total value * 45,103,145.98Period return (%) (0.45)Weighted average final maturity in days 557Change in fair value (266,354.08)YTD return (%) (2.13)* Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Weighted
average
final
maturity (days)
Weighted
average
effective
duration (years)
Percent
of
portfolio
Amortized
cost
Historical
cost
Fair value Unrealized
gain (loss)
Cash and Cash Equivalents 151,016.12 151,016.12 151,016.12 0.00 0.32 0.00 1Corporate Bonds 13,972,353.40 13,617,242.97 13,180,500.26 (436,742.71) 520 29.94 1.21Government Agencies 11,353,540.36 11,273,503.96 10,954,680.51 (318,823.45) 388 24.33 1.04Government Bonds 20,029,399.64 19,965,907.50 19,404,389.75 (561,517.75) 503 42.92 1.34Municipal/Provincial Bonds 1,159,300.00 1,159,300.00 1,159,300.00 0.00 3,655 2.48 7.57Total 46,665,609.52 46,166,970.55 44,849,886.64 (1,317,083.91) 557 100.00 1.38 Cash and Cash EquivalentsCorporate BondsGovernment AgenciesGovernment BondsMunicipal/Provincial Bonds Portfolio diversification (%)
Cash and Cash Equivalents 0.32Corporate Bonds 29.94Government Agencies 24.33Government Bonds 42.92Municipal/Provincial Bonds 2.48 Portfolio diversification (%)
6 MATURITY DISTRIBUTION OF SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Maturity Historic cost PercentUnder 90 days 2,660,381.84 5.7090 to 179 days 5,768,135.37 12.36180 days to 1 year 7,314,128.07 15.671 to 2 years 23,224,716.46 49.772 to 3 years 3,456,994.52 7.413 to 4 years 3,081,953.26 6.604 to 5 years 0.00 0.00Over 5 years 1,159,300.00 2.48 46,665,609.52 100.00
Maturity distribution

0.005.00

10.0015.0020.0025.00
Historical cost (mm)
Under 90 days
90 to 179 days
180 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
7 SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 151,016.12 151,016.12 151,016.12 0.00 0.00 0.32 151,016.12 Total Cash and Cash Equivalents 151,016.12 151,016.12 151,016.12 151,016.12 0.00 0.32 0.00Corporate Bonds931142DH3 2.550 04/11/2023 509,155.00 501,003.60 (3,992.60) 4,958.33 01/11/2023
WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 500,000.00 497,011.00 1.09 037833AK6 APPLE INC 2.4% 03MAY2023 2.400 05/03/2023 506,880.00 501,279.14 (4,722.85) 3,933. 500,000.00 496,556.29 33 1.09 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 1.950 05/10/2023 1,031,510.00 1,010,820.74 (24,981.94) 6 1,000,000.00 985,838.80 ,012.50 2.21742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 3.100 08/15/2023 520,430.00 511,688.81 (13,853.94) 688.8 500,000.00 497,834.87 9 1.1289236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 1.350 08/25/2023 714,959.00 706,284.55 (22,958.38) 157.5 700,000.00 683,326.17 0 1.5314912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 3.750 11/24/2023 1,086,390.00 1,041,602.13 (39,679.41) 1 1,000,000.00 1,001,922.72 0,104.17 2.33 06051GHC6 3.004 12/20/2023 525,795.00 503,609.99 (5,457.11) 2,962.28 12/20/2022
BANK OF AMERICA CORP 3.004% 20DEC2023 500,000.00 498,152.88 1.13(CALLABLE 20DEC22) 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 0.450 01/11/2024 479,342.40 479,610.52 (19,986.29) 300.0 480,000.00 459,624.23 0 1.0324422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 0.450 01/17/2024 1,001,230.00 1,000,626.98 (43,220.24) 5 1,000,000.00 957,406.74 50.00 2.15 17325FAS7 3.650 01/23/2024 541,470.00 520,934.16 (21,759.38) 1,926.39 12/23/2023
CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 500,000.00 499,174.78 1.16 8 SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Corporate Bonds693475AV7 3.500 01/23/2024 957,939.00 924,137.35 (26,958.41) 3,325.00 12/24/2023
PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 900,000.00 897,178.94 2.0523DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,039,810.75 (44,682.74) 2,437.50 01/05/2024
US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 1,000,000.00 995,128.01 2.31 459200HU8 IBM CORP 3.625% 12FEB2024 3.625 02/12/2024 1,086,900.00 1,045,361.80 (47,878.00) 1 1,000,000.00 997,483.80 ,913.19 2.3388579YBB6 3.250 02/14/2024 541,935.00 519,673.21 (23,050.47) 767.36 01/14/2024
3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 500,000.00 496,622.74 1.16 713448CM8 3.600 03/01/2024 537,465.00 519,179.02 (18,720.71) 9,000.00 12/01/2023
PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) 500,000.00 500,458.31 1.15 06051GHF9 3.550 03/05/2024 535,525.00 506,925.32 (8,947.79) 8,677.78 03/05/2023
BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 500,000.00 497,977.53 1.1505MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 510,073.13 (12,638.92) 6,327.11 04/23/2023
JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 500,000.00 497,434.21 1.1423APR23) 717081DM2 PFIZER INC 3.4% 15MAY2024 3.400 05/15/2024 537,160.00 523,980.48 (25,802.90) 5,005 500,000.00 498,177.58 .56 1.15166764BW9 1.554 05/11/2025 667,380.00 670,753.44 (10,232.84) 3,323.83 04/11/2025
CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 700,000.00 660,520.60 1.4311APR25) 46647PBH8 2.005 03/13/2026 577,518.00 579,887.85 (17,217.79) 5,614.00 03/13/2025
JPMORGAN CHASE & CO 2.005% 13MAR2026 600,000.00 562,670.06 1.24(CALLABLE 13MAR25) Total Corporate Bonds 13,380,000.00 13,972,353.40 13,617,242.97 13,180,500.26 (436,742.71) 77,984.72 29.94Government Agencies3135G0T78 FANNIE MAE 2% 05OCT2022 2.000 10/05/2022 1,260,435.75 1,251,145.35 (1,785.54) 10 1,250,000.00 1,249,359.81 ,138.89 2.70 9 SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Agencies3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2.500 12/09/2022 1,021,240.00 1,001,697.14 (2,864.51) 5, 1,000,000.00 998,832.63 694.44 2.19 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 1.375 02/17/2023 1,201,698.09 1,200,839.00 (9,842.40) 64 1,200,000.00 1,190,996.60 1.67 2.58 3137EAEQ8 FREDDIE MAC 0.375% 20APR2023 0.375 04/20/2023 1,248,223.75 1,249,147.10 (23,893.64) 1 1,250,000.00 1,225,253.46 ,705.73 2.673135G0U43 FANNIE MAE 2.875% 12SEP2023 2.875 09/12/2023 1,047,553.22 1,012,379.14 (19,750.98) 1 1,000,000.00 992,628.16 3,496.53 2.243135G0V34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 621,262.80 607,087.60 (14,840.88) 1,083 600,000.00 592,246.72 .33 1.333133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.350 04/22/2024 1,000,000.00 1,000,000.00 (47,904.88) 1 1,000,000.00 952,095.12 ,254.17 2.143130AMQQ8 0.350 04/23/2024 1,000,000.00 1,000,000.00 (54,728.38) 661.11 09/23/2022
FEDERAL HOME LOAN BANK 0.35% 23APR2024 1,000,000.00 945,271.62 2.14(CALLABLE 23SEP22) 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,857.52 (64,902.64) 1,458.33 10/26/2022
FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 1,200,000.00 1,134,954.88 2.57 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 0.375 05/06/2024 1,000,000.00 1,000,000.00 (54,603.83) 1 1,000,000.00 945,396.17 ,197.92 2.14 (CALLABLE 12SEP22)
3135G0V75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 753,426.75 751,351.11 (23,705.77) 2,151 750,000.00 727,645.34 .04 1.61 Total Government Agencies 11,250,000.00 11,353,540.36 11,273,503.96 10,954,680.51 (318,823.45) 39,483.16 24.33Government Bonds91282CAN1 USA TREASURY 0.125% 30SEP2022 0.125 09/30/2022 1,248,929.97 1,249,886.17 (2,010.98) 65 1,250,000.00 1,247,875.19 3.18 2.68 10 SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds912828M80 USA TREASURY 2% 30NOV2022 2.000 11/30/2022 1,269,750.29 1,253,125.42 (5,696.79) 6, 1,250,000.00 1,247,428.63 284.15 2.72 912828Z29 USA TREASURY 1.5% 15JAN2023 1.500 01/15/2023 1,011,526.79 1,004,112.42 (9,932.73) 1, 1,000,000.00 994,179.69 915.76 2.17912828Z86 USA TREASURY 1.375% 15FEB2023 1.375 02/15/2023 1,263,920.20 1,255,568.08 (16,066.13) 7 1,250,000.00 1,239,501.95 47.28 2.71 912828ZD5 USA TREASURY 0.5% 15MAR2023 0.500 03/15/2023 1,000,315.85 1,000,139.74 (14,553.80) 2 1,000,000.00 985,585.94 ,296.20 2.1491282CCK5 USA TREASURY 0.125% 30JUN2023 0.125 06/30/2023 792,846.43 795,948.54 (17,542.29) 168.4 800,000.00 778,406.25 8 1.7091282CCN9 USA TREASURY 0.125% 31JUL2023 0.125 07/31/2023 989,808.04 993,985.66 (23,985.66) 105.3 1,000,000.00 970,000.00 0 2.129128282D1 USA TREASURY 1.375% 31AUG2023 1.375 08/31/2023 1,265,970.98 1,259,447.99 (35,326.89) 0 1,250,000.00 1,224,121.10 .00 2.71 91282CAW1 USA TREASURY 0.25% 15NOV2023 0.250 11/15/2023 1,000,120.54 1,000,057.22 (37,479.10) 7 1,000,000.00 962,578.12 33.70 2.14 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 661,529.52 653,519.05 (14,005.38) 3,472 650,000.00 639,513.67 .00 1.4291282CBA8 USA TREASURY 0.125% 15DEC2023 0.125 12/15/2023 1,194,566.52 1,196,805.03 (46,773.77) 3 1,200,000.00 1,150,031.26 15.57 2.56 91282CBV2 USA TREASURY 0.375% 15APR2024 0.375 04/15/2024 1,001,175.22 1,000,644.69 (49,629.07) 1 1,000,000.00 951,015.62 ,413.93 2.1591282CCC3 USA TREASURY 0.25% 15MAY2024 0.250 05/15/2024 996,878.35 998,230.40 (51,277.28) 733.7 1,000,000.00 946,953.12 0 2.14 11 SECURITIES HELD
As of August 31, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds912828D56 USA TREASURY 2.375% 15AUG2024 2.375 08/15/2024 1,038,011.16 1,028,251.54 (48,798.42) 1 1,000,000.00 979,453.12 ,032.61 2.22 9128282Y5 USA TREASURY 2.125% 30SEP2024 2.125 09/30/2024 1,051,800.23 1,034,639.70 (61,085.01) 8 1,000,000.00 973,554.69 ,883.20 2.25912828YM6 USA TREASURY 1.5% 31OCT2024 1.500 10/31/2024 1,014,925.23 1,011,377.08 (52,002.08) 5 1,000,000.00 959,375.00 ,013.59 2.17912828YV6 USA TREASURY 1.5% 30NOV2024 1.500 11/30/2024 722,889.06 715,971.82 (45,667.14) 2,639 700,000.00 670,304.68 .34 1.5591282CAJ0 USA TREASURY 0.25% 31AUG2025 0.250 08/31/2025 1,095,937.50 1,102,100.86 (12,491.49) 0 1,200,000.00 1,089,609.37 .00 2.35 91282CAM3 USA TREASURY 0.25% 30SEP2025 0.250 09/30/2025 456,445.31 458,261.63 (5,175.69) 522.54 500,000.00 453,085.94 0.989128285N6 USA TREASURY 2.875% 30NOV2025 2.875 11/30/2025 496,212.61 496,362.76 (5,679.16) 3,613. 500,000.00 490,683.60 39 1.06 91282CBQ3 USA TREASURY 0.5% 28FEB2026 0.500 02/28/2026 455,839.84 457,471.70 (6,338.89) 0.00 0. 500,000.00 451,132.81 98 Total Government Bonds 20,050,000.00 20,029,399.64 19,965,907.50 19,404,389.75 (561,517.75) 40,543.92 42.92Municipal/Provincial Bonds888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 5.250 09/02/2032 1,159,300.00 1,159,300.00 0.00 30,262.5 1,159,300.00 1,159,300.00 6 2.48 SANRAF$01
Total Municipal/Provincial Bonds 1,159,300.00 1,159,300.00 1,159,300.00 1,159,300.00 0.00 2.48 30,262.56Grand total 45,990,316.12 46,665,609.52 46,166,970.55 (1,317,083.91) 44,849,886.64 188,274.36 100.00 12 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of August 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
United States Treasury Note/Bond91282CAN1 USA TREASURY 0.125% 0.125 09/30/2022 AA+ Aaa 1,250,000.00 1,248,929.97 2.68 1,247,875.19 2.78 0.08912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 1,250,000.00 1,269,750.29 2.72 1,247,428.63 2.78 0.25912828Z29 USA TREASURY 1.5% 1.500 01/15/2023 AA+ Aaa 1,000,000.00 1,011,526.79 2.17 994,179.69 2.22 0.38912828Z86 USA TREASURY 1.375% 1.375 02/15/2023 AA+ Aaa 1,250,000.00 1,263,920.20 2.71 1,239,501.95 2.76 0.45912828ZD5 USA TREASURY 0.5% 0.500 03/15/2023 AA+ Aaa 1,000,000.00 1,000,315.85 2.14 985,585.94 2.20 0.5391282CCK5 USA TREASURY 0.125% 0.125 06/30/2023 AA+ Aaa 800,000.00 792,846.43 1.70 778,406.25 1.74 0.8291282CCN9 USA TREASURY 0.125% 0.125 07/31/2023 AA+ Aaa 1,000,000.00 989,808.04 2.12 970,000.00 2.16 0.909128282D1 USA TREASURY 1.375% 1.375 08/31/2023 AA+ Aaa 1,250,000.00 1,265,970.98 2.71 1,224,121.10 2.73 0.9891282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.14 962,578.12 2.15 1.19912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.42 639,513.67 1.43 1.2191282CBA8 USA TREASURY 0.125% 0.125 12/15/2023 AA+ Aaa 1,200,000.00 1,194,566.52 2.56 1,150,031.26 2.56 1.2791282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 2.15 951,015.62 2.12 1.5991282CCC3 USA TREASURY 0.25% 0.250 05/15/2024 AA+ Aaa 1,000,000.00 996,878.35 2.14 946,953.12 2.11 1.67912828D56 USA TREASURY 2.375% 2.375 08/15/2024 AA+ Aaa 1,000,000.00 1,038,011.16 2.22 979,453.12 2.18 1.899128282Y5 USA TREASURY 2.125% 2.125 09/30/2024 AA+ Aaa 1,000,000.00 1,051,800.23 2.25 973,554.69 2.17 1.99912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,000,000.00 1,014,925.23 2.17 959,375.00 2.14 2.09912828YV6 USA TREASURY 1.5% 1.500 11/30/2024 AA+ Aaa 700,000.00 722,889.06 1.55 670,304.68 1.49 2.1791282CAJ0 USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aaa 1,200,000.00 1,095,937.50 2.35 1,089,609.37 2.43 2.9491282CAM3 USA TREASURY 0.25% 0.250 09/30/2025 AA+ Aaa 500,000.00 456,445.31 0.98 453,085.94 1.01 3.019128285N6 USA TREASURY 2.875% 2.875 11/30/2025 AA+ Aaa 500,000.00 496,212.61 1.06 490,683.60 1.09 3.0591282CBQ3 USA TREASURY 0.5% 0.500 02/28/2026 AA+ Aaa 500,000.00 455,839.84 0.98 451,132.81 1.01 3.41Issuer total 20,050,000.00 20,029,399.64 42.92 19,404,389.75 43.27 1.34Federal National Mortgage Association3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 1,250,000.00 1,260,435.75 2.70 1,249,359.81 2.79 0.10 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of August 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Federal National Mortgage Association3135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 2.24 992,628.16 2.21 0.993135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.33 592,246.72 1.32 1.393136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2022 AA+ Aaa 1,200,000.00 1,199,700.00 2.57 1,134,954.88 2.53 1.623135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 1.61 727,645.34 1.62 1.78Issuer total 4,800,000.00 4,882,378.52 10.46 4,696,834.91 10.47 1.09Federal Home Loan Banks3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 2.19 998,832.63 2.23 0.273130AJ7E3 FEDERAL HOME LOAN 1.375 02/17/2023 AA+ Aaa 1,200,000.00 1,201,698.09 2.58 1,190,996.60 2.66 0.463130AMQQ FEDERAL HOME LOAN 0.350 04/23/2024 09/23/2022 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 945,271.62 2.11 1.61Issuer total 3,200,000.00 3,222,938.09 6.91 3,135,100.85 6.99 0.76Federal Farm Credit Banks Funding Corp3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 952,095.12 2.12 1.613133EMYR7 FEDERAL FARM CREDIT 0.375 05/06/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 945,396.17 2.11 1.64 Issuer total 2,000,000.00 2,000,000.00 4.29 1,897,491.29 4.23 1.63 Federal Home Loan Mortgage Corp3137EAEQ8 FREDDIE MAC 0.375% 0.375 04/20/2023 AA+ Aaa 1,250,000.00 1,248,223.75 2.67 1,225,253.46 2.73 0.62 Issuer total 1,250,000.00 1,248,223.75 2.67 1,225,253.46 2.73 0.62 PT. SAN ASSESS DISTRICT888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,159,300.00 1,159,300.00 2.48 1,159,300.00 2.58 7.57 Issuer total 1,159,300.00 1,159,300.00 2.48 1,159,300.00 2.58 7.57 Toyota Motor Credit Corp89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 1.53 683,326.17 1.52 0.96 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of August 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Toyota Motor Credit Corp89236THU2 TOYOTA MOTOR CREDIT 0.450 01/11/2024 A+ A1 480,000.00 479,342.40 1.03 459,624.23 1.02 1.34 Issuer total 1,180,000.00 1,194,301.40 2.56 1,142,950.40 2.55 1.11 JPMorgan Chase & Co46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A2 500,000.00 534,240.00 1.14 497,434.21 1.11 0.6346647PBH8 JPMORGAN CHASE & CO 2.005 03/13/2026 03/13/2025 A- A2 600,000.00 577,518.00 1.24 562,670.06 1.25 2.40 Issuer total 1,100,000.00 1,111,758.00 2.38 1,060,104.27 2.36 1.55 Caterpillar Financial Services Corp14912L5X5 CATERPILLAR FINL 3.750 11/24/2023 A A2 1,000,000.00 1,086,390.00 2.33 1,001,922.72 2.23 1.18 Issuer total 1,000,000.00 1,086,390.00 2.33 1,001,922.72 2.23 1.18 International Business Machines Corp459200HU8 IBM CORP 3.625% 3.625 02/12/2024 A- A3 1,000,000.00 1,086,900.00 2.33 997,483.80 2.22 1.40 Issuer total 1,000,000.00 1,086,900.00 2.33 997,483.80 2.22 1.40 Bank of America Corp06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.13 498,152.88 1.11 0.3006051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.15 497,977.53 1.11 0.50 Issuer total 1,000,000.00 1,061,320.00 2.27 996,130.41 2.22 0.40 US Bancorp91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A2 1,000,000.00 1,079,130.00 2.31 995,128.01 2.22 1.35 Issuer total 1,000,000.00 1,079,130.00 2.31 995,128.01 2.22 1.35 American Honda Finance Corp02665WDH1 AMERICAN HONDA 1.950 05/10/2023 A- A3 1,000,000.00 1,031,510.00 2.21 985,838.80 2.20 0.67 Issuer total 1,000,000.00 1,031,510.00 2.21 985,838.80 2.20 0.67 15 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of August 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
John Deere Capital Corp24422EVN6 JOHN DEERE CAPITAL 0.450 01/17/2024 A A2 1,000,000.00 1,001,230.00 2.15 957,406.74 2.13 1.35 Issuer total 1,000,000.00 1,001,230.00 2.15 957,406.74 2.13 1.35 PNC Financial Services Group Inc/The693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.05 897,178.94 2.00 1.31 Issuer total 900,000.00 957,939.00 2.05 897,178.94 2.00 1.31 Chevron Corp166764BW9 CHEVRON CORP 1.554% 1.554 05/11/2025 04/11/2025 AA- Aa2 700,000.00 667,380.00 1.43 660,520.60 1.47 2.57 Issuer total 700,000.00 667,380.00 1.43 660,520.60 1.47 2.57 PepsiCo Inc713448CM8 PEPSICO INC 3.6% 3.600 03/01/2024 12/01/2023 A+ A1 500,000.00 537,465.00 1.15 500,458.31 1.12 1.32 Issuer total 500,000.00 537,465.00 1.15 500,458.31 1.12 1.32 Citibank NA17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 500,000.00 541,470.00 1.16 499,174.78 1.11 1.31 Issuer total 500,000.00 541,470.00 1.16 499,174.78 1.11 1.31 Pfizer Inc717081DM2 PFIZER INC 3.4% 3.400 05/15/2024 A+ A2 500,000.00 537,160.00 1.15 498,177.58 1.11 1.63 Issuer total 500,000.00 537,160.00 1.15 498,177.58 1.11 1.63 Procter & Gamble Co/The742718EB1 PROCTER & GAMBLE 3.100 08/15/2023 AA- Aa3 500,000.00 520,430.00 1.12 497,834.87 1.11 0.93 Issuer total 500,000.00 520,430.00 1.12 497,834.87 1.11 0.93 16 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of August 31, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Walmart Inc931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.09 497,011.00 1.11 0.57 Issuer total 500,000.00 509,155.00 1.09 497,011.00 1.11 0.57 3M Co88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.16 496,622.74 1.11 1.38 Issuer total 500,000.00 541,935.00 1.16 496,622.74 1.11 1.38 Apple Inc037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aaa 500,000.00 506,880.00 1.09 496,556.29 1.11 0.66 Issuer total 500,000.00 506,880.00 1.09 496,556.29 1.11 0.66 Cash and Cash Equivalents
INVESTED CASH 0.000 151,016.12 151,016.12 0.00 151,016.12 0.34 0.00 Issuer total 151,016.12 151,016.12 0.00 151,016.12 0.34 0.00 Grand total 45,990,316.12 46,665,609.52 100.00 44,849,886.64 100.00 1.38 17 DETAIL OF RETURN AND INTEREST RECEIVED
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 85.16 85.16
Total Cash 0.00 0.00 0.00 85.16 85.16Corporate Bonds
88579YBB6 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) (1,194.73) 0.00 (4,351.06) 1,354.17 8,125.00 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 (1,298.49) 0.00 (5,663.06) 1,625.00 0.00 037833AK6 APPLE INC 2.4% 03MAY2023 (157.92) 0.00 (1,244.52) 1,000.00 0.00 06051GHC6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) (984.54) 0.00 (517.90) 1,251.67 0.00 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) (1,123.02) 0.00 (1,140.98) 1,479.17 0.00 14912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 (2,810.95) 0.00 (6,935.34) 3,125.00 0.00 166764BW9 CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25) 903.60 0.00 (12,892.67) 906.50 0.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,327.75) 0.00 (3,472.31) 1,520.83 0.00 459200HU8 IBM CORP 3.625% 12FEB2024 (2,607.00) 0.00 (6,613.22) 3,020.83 18,125.00 24422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 (37.85) 0.00 (6,612.73) 375.00 0.00 46647PBH8 JPMORGAN CHASE & CO 2.005% 13MAR2026 (CALLABLE 13MAR25) 473.97 0.00 (4,728.89) 1,002.50 0.00 46647PAP1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) (1,296.97) 0.00 (1,680.87) 1,482.92 0.00 713448CM8 PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) (1,275.76) 0.00 (3,335.49) 1,500.00 0.00 717081DM2 PFIZER INC 3.4% 15MAY2024 (1,169.78) 0.00 (6,087.68) 1,416.67 0.00 693475AV7 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) (1,530.91) 0.00 (5,967.81) 2,625.00 0.00 742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 (1,016.41) 0.00 (2,360.04) 1,291.67 7,750.00 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 23.80 0.00 (1,822.35) 180.00 0.00 18 DETAIL OF RETURN AND INTEREST RECEIVED
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Corporate Bonds
89236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 (531.09) 0.00 (4,295.48) 787.50 4,725.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (2,457.45) 0.00 (7,950.27) 2,812.50 16,875.00 931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) (229.84) 0.00 (1,726.74) 1,062.50 0.00 Total Corporate Bonds (19,649.09) (89,399.41) 55,600.00 0.00 29,819.43Government Agencies 3136G46B4 FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 7.16 0.00 (10,787.04) 350.00 0.00 3135G0V75 FANNIE MAE 1.75% 02JUL2024 (61.23) 0.00 (7,336.14) 1,093.75 0.00 3135G0T78 FANNIE MAE 2% 05OCT2022 (981.71) 0.00 406.42 2,083.33 0.00 3135G0V34 FANNIE MAE 2.5% 05FEB2024 (412.87) 0.00 (4,451.28) 1,250.00 7,500.00 3135G0U43 FANNIE MAE 2.875% 12SEP2023 (998.32) 0.00 (6,661.10) 2,395.84 0.00 3133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.00 0.00 (6,937.99) 291.67 0.00 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 12SEP22) 0.00 0.00 (10,886.20) 312.50 0.00 3130AMQQ8 FEDERAL HOME LOAN BANK 0.35% 23APR2024 (CALLABLE 23SEP22) 0.00 0.00 (14,396.86) 291.67 0.00 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 (150.72) 0.00 1,111.11 1,375.00 8,250.00 3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 (514.29) 0.00 610.03 2,083.33 0.00 3137EAEQ8 FREDDIE MAC 0.375% 20APR2023 111.24 0.00 (1,378.53) 390.63 0.00 Total Government Agencies (3,000.74) (60,707.58) 15,750.00 0.00 11,917.72Government Bonds 91282CBA8 USA TREASURY 0.125% 15DEC2023 210.28 0.00 (4,218.74) 127.04 0.00 91282CCK5 USA TREASURY 0.125% 30JUN2023 414.51 0.00 (1,125.00) 84.24 0.00 19 DETAIL OF RETURN AND INTEREST RECEIVED
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Government Bonds
91282CAN1 USA TREASURY 0.125% 30SEP2022 117.63 0.00 2,150.49 132.35 0.00 91282CCN9 USA TREASURY 0.125% 31JUL2023 558.21 0.00 (2,031.25) 105.30 625.00 91282CCC3 USA TREASURY 0.25% 15MAY2024 88.05 0.00 (6,562.50) 210.60 0.00 91282CAW1 USA TREASURY 0.25% 15NOV2023 (4.02) 0.00 (3,671.88) 210.60 0.00 91282CAM3 USA TREASURY 0.25% 30SEP2025 1,149.10 0.00 (8,105.47) 105.87 0.00 91282CAJ0 USA TREASURY 0.25% 31AUG2025 2,769.05 0.00 (19,218.76) 252.72 1,500.00 91282CBV2 USA TREASURY 0.375% 15APR2024 (33.70) 0.00 (6,328.13) 317.62 0.00 912828ZD5 USA TREASURY 0.5% 15MAR2023 (22.11) 0.00 664.06 421.20 0.00 91282CBQ3 USA TREASURY 0.5% 28FEB2026 1,032.40 0.00 (10,019.54) 210.60 1,250.00 912828Z86 USA TREASURY 1.375% 15FEB2023 (1,027.44) 0.00 (390.63) 1,459.47 8,593.75 9128282D1 USA TREASURY 1.375% 31AUG2023 (802.43) 0.00 (4,833.98) 1,447.86 8,593.75 912828Z29 USA TREASURY 1.5% 15JAN2023 (930.55) 0.00 468.75 1,263.59 0.00 912828YV6 USA TREASURY 1.5% 30NOV2024 (602.35) 0.00 (8,011.73) 889.34 0.00 912828YM6 USA TREASURY 1.5% 31OCT2024 (445.31) 0.00 (10,898.44) 1,263.59 0.00 912828M80 USA TREASURY 2% 30NOV2022 (1,064.69) 0.00 358.32 2,117.48 0.00 912828U57 USA TREASURY 2.125% 30NOV2023 (239.23) 0.00 (3,554.69) 1,169.92 0.00 9128282Y5 USA TREASURY 2.125% 30SEP2024 (1,411.08) 0.00 (10,820.31) 1,799.87 0.00 912828D56 USA TREASURY 2.375% 15AUG2024 (1,224.89) 0.00 (9,921.88) 2,016.73 11,875.00 9128285N6 USA TREASURY 2.875% 30NOV2025 94.99 0.00 (10,175.78) 1,217.56 0.00 Total Government Bonds (1,373.58) (116,247.09) 32,437.50 0.00 16,823.55 20 DETAIL OF RETURN AND INTEREST RECEIVED
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Municipal/Provincial Bonds
888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 0.00 0.00 0.00 5,071.94 0.00 Total Municipal/Provincial Bonds 0.00 0.00 0.00 5,071.94 0.00Grand total (24,023.41) (266,354.08) 103,872.66 0.00 63,717.80 21 TRANSACTION REPORT
For the period August 1, 2022 - August 31, 2022

SAN RAFAEL
Maturity Par value or
shares
Trade date Cusip Sec type Description Transaction Principal Interest Transaction totalSettle date Realized
gain(loss)
07/31/2022 625.0007/31/2022
91282CCN9 Government Bonds USA TREASURY 0.125% 07/31/2 Income 023 1,000,000.00 0.00 625.00 0.00 08/05/2022 7,500.0008/05/2022
3135G0V34 Government Agencies FANNIE MAE 2.5% 05FEB20 Income 24 02/05/2024 600,000.00 0.00 7,500.00 0.00 08/05/2022 16,875.0008/05/2022
91159HHV5 Corporate Bonds US BANCORP 3.375% 02/05/2024 Income 1,000,000.00 0.00 16,875.00 0.00 08/12/2022 18,125.0008/12/2022
459200HU8 Corporate Bonds IBM CORP 3.625% 12FEB2024 02 Income /12/2024 1,000,000.00 0.00 18,125.00 0.00 08/14/2022 8,125.0008/14/2022
88579YBB6 Corporate Bonds 3M COMPANY 3.25% 02/14/2024 5 Income 00,000.00 0.00 8,125.00 0.00 08/15/2022 7,750.0008/15/2022
742718EB1 Corporate Bonds PROCTER & GAMBLE CO/THE 08/1 Income 5/2023 500,000.00 0.00 7,750.00 0.00 08/15/2022 11,875.0008/15/2022
912828D56 Government Bonds USA TREASURY 2.375% 08/15/2 Income 024 1,000,000.00 0.00 11,875.00 0.00 08/15/2022 8,593.7508/15/2022
912828Z86 Government Bonds USA TREASURY 1.375% 02/15/2 Income 023 1,250,000.00 0.00 8,593.75 0.00 08/17/2022 8,250.0008/17/2022
3130AJ7E3 Government Agencies FEDERAL HOME LOAN BANK 0 Income 2/17/2023 1,200,000.00 0.00 8,250.00 0.00 08/25/2022 4,725.0008/25/2022
89236THA6 Corporate Bonds TOYOTA MOTOR CREDIT CORP 08/ Income 25/2023 700,000.00 0.00 4,725.00 0.00 08/31/2022 8,593.7508/31/2022
9128282D1 Government Bonds USA TREASURY 1.375% 08/31/2 Income 023 1,250,000.00 0.00 8,593.75 0.00 08/31/2022 1,500.0008/31/2022
91282CAJ0 Government Bonds USA TREASURY 0.25% 08/31/20 Income 25 1,200,000.00 0.00 1,500.00 0.00 08/31/2022 1,250.0008/31/2022
91282CBQ3 Government Bonds USA TREASURY 0.5% 02/28/202 Income 6 500,000.00 0.00 1,250.00 0.00 08/31/2022 Income Cash and Cash Equivalents Cash 0.00 0.00 0.00 85.16 85.16 22 ADDITIONAL INFORMATION
As of August 31, 2022

SAN RAFAEL
Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment.

Insight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity)and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith.© 2022 Insight Investment. All rights reserved. 24 FOR PROFESSIONAL CLIENTS ONLY
NOT TO BE REPRODUCED WITHOUT PRIOR WRITTEN APPROVALPLEASE REFER TO ALL RISK DISCLOSURES AT THE BACK OF THIS DOCUMENTSAN RAFAELSeptember 2022 Contents
Fixed income market review 3Activity and performance summary 4Recap of securities held 6Maturity distribution of securities held 7Securities held 8GASB 40 - Deposit and investment risk disclosure 14Securities purchased 19Securities sold and matured 20Detail of return and interest received 21Transaction report 25Additional information 26

FIXED INCOME MARKET REVIEW
As of September 30, 2022

SAN RAFAEL
Chart 1: The Fed’s rate projections were revised up againSource: Federal Reserve, September 30, 2022Chart 2: Labor market remains robustSource: Bloomberg, September 30, 2022 Economic Indicators and Monetary PolicyThe Fed announced a third consecutive 75bp rate hike, bringing the fed funds rate toa range of 3% to 3.25% and it continued to set a hawkish tone. It raised its dot plot toreflect policy rates at 4.375% by year-end (up 88bp from the projection in June and188bp higher than in March – see Chart 1). This implies another 125bp of hikes yet forthe final two meetings of the year. The Fed materially cut its growth forecasts for 2022and 2023 to 0.2% and 1.2% from 1.7% and 1.7%, respectively. It also projects theunemployment rate will rise to 4.4% by the end of next year from 3.7% today.Inflation made less progress than markets had hoped, falling from 8.5% to only 8.3%(where ~8.1% was expected). Core CPI was particularly disappointing, rising from 5.9%to 6.3%, narrowly below the recent peak of 6.5% in March. ‘Flexible’ categories likegasoline continued to reverse, but ‘sticky’ services sectors like rents and medicalprices continued to be high.Labor market data remained robust. The economy added 315,000 jobs, close toconsensus estimates with broad-based gains, albeit the previous two months wererevised down. Wage growth was largely in line with expectations at 5.2%. Theunemployment rate ticked up to 3.7% from 3.5%, more than expected, but this waspartly a result of the labor participation rate rising from 62.1% from 62.4%. Initial jobless claims reached the lowest levels since April on a seasonally adjusted basis, at 193,000 at the end of the month. Continuing jobless claims saw four straight weeks ofdeclines (Chart 2).Real GDP for Q2 2022 was unrevised at -0.6%, albeit the mix changed with realconsumer spending revised up from 1.5% pa to 2% pa. Revisions back to 2017 showedthe economy growing 3.5% since 2019, above the 2.9% previously estimated,indicating a significantly hotter economy than previously indicated.Interest Rate SummaryYields generally rose sharply during the month, given the Federal Reserve’s hawkishprojections. At the end of September, the 3-month US Treasury bill yielded 3.29%, the6-month US Treasury bill yielded 3.97%, the 2-year US Treasury note yielded 4.28%, the5-year US Treasury note yielded 4.09% and the 10-year US Treasury note yielded3.84%. 3 ;F.
25 20
.,, 15
C
-~
10 5
5 4.5
4 3.5
3 2.5
2 1.5
1 0.5
0 0
Sep-18
...................
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.................
...
..
...
...
...
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...

Jan-22 Jan-23 Jan-24
• • • • • • Fed dots December 2021 • • • • • • Fed Dots March 2022 Jan-25
• • • • • • Fed Dots June 2022 --- Fed Dots September 2022 Mar-19 Sep-19 Mar-20 Sep-20 Mar-21 Sep-21 Mar-22
--Continuing jobless claims (seasonally adjusted) --Initial jobless claims (seasonally adjusted) Sep-22

ACTIVITY AND PERFORMANCE SUMMARY
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Amortized Cost Basis Activity Summary
Opening balance 46,166,970.55
Income received 77,195.53
Total receipts 77,195.53
Participant withdrawals (114,531.63)Expenses paid (250.00) Total disbursements (114,781.63)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Realized gain (loss) 0.00Change in accruals from security movement 0.00 Total amortization expense (31,807.50)Total OID/MKT accretion income 7,965.85 Return of capital 0.00
Closing balance 46,105,542.80Ending fair value 44,468,647.81 Unrealized gain (loss) (1,636,894.99)
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.79 0.74 0.21Overnight Repo 0.74 0.71 0.20Merrill Lynch 3m US Treas Bill 0.97 0.89 0.24Merrill Lynch 6m US Treas Bill 1.25 1.10 0.28ML 1 Year US Treasury Note 1.68 1.39 0.31ML 2 Year US Treasury Note 2.01 1.52 0.31ML 5 Year US Treasury Note 2.24 1.49 0.25 * rates reflected are cumulative
Summary of Amortized Cost Basis Return for the Period
Total portfolio
Interest earned 61,355.62Accretion (amortization) (23,841.65)Realized gain (loss) on sales 0.00Total income on portfolio 37,513.97Average daily amortized cost 46,103,878.10Period return (%)Weighted average final maturity in days 560YTD return (%) Detail of Amortized Cost Basis Return
Interest
earned
Realized
gain (loss)
Accretion
(amortization)
Total
income
Cash and Cash Equivalents 162.17 0.00 162.17 0.00Corporate Bonds 28,825.44 (19,731.03) 9,094.41 0.00Government Agencies 11,520.45 (3,000.49) 8,519.96 0.00Government Bonds 16,288.09 (1,110.13) 15,177.96 0.00Municipal/Provincial Bonds 4,559.47 0.00 4,559.47 0.00Total 61,355.62 (23,841.65) 0.00 37,513.97

0.080.65
4 ACTIVITY AND PERFORMANCE SUMMARY
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Fair Value Basis Activity Summary
Opening balance 44,849,886.64
Income received 77,195.53
Total receipts 77,195.53
Participant withdrawals (114,531.63)Expenses paid (250.00) Total disbursements (114,781.63)
Interportfolio transfers 0.00
Total Interportfolio transfers 0.00
Unrealized gain (loss) on security movements 0.00Change in accruals from security movement 0.00Return of capital 0.00Change in fair value for the period (343,652.73) Ending fair value 44,468,647.81
Comparative Rates of Return (%)
* Twelve
month trailing
* Six
month trailing
* One month
Fed Funds 0.79 0.74 0.21Overnight Repo 0.74 0.71 0.20ICE Bofa 3 Months US T-BILL 0.62 0.57 0.25ICE Bofa 6m US Treas Bill 0.39 0.47 0.15ICE Bofa 1 Yr US Treasury Note (1.95) (0.97) (0.44)ICE BofA US Treasury 1-3 (4.86) (2.06) (1.18)ICE BofA US Treasury 1-5 (6.78) (3.07) (1.70) * rates reflected are cumulative
Detail of Fair Value Basis Return
Interest
earned
Change in
fair value
Total
income
Cash and Cash Equivalents 162.17 0.00 162.17Corporate Bonds 28,825.44 (126,247.32) (97,421.88)Government Agencies 11,520.45 (62,829.22) (51,308.77)Government Bonds 16,288.09 (154,576.19) (138,288.10)Municipal/Provincial Bonds 4,559.47 0.00 4,559.47Total 61,355.62 (343,652.73) (282,297.11) Summary of Fair Value Basis Return for the Period
Total portfolio
Interest earned 61,355.62Total income on portfolio (282,297.11)Average daily total value * 44,801,465.30Period return (%) (0.63)Weighted average final maturity in days 560Change in fair value (343,652.73)YTD return (%) (2.75)* Total value equals market value and accrued interest 5 RECAP OF SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Weighted
average
final
maturity (days)
Weighted
average
effective
duration (years)
Percent
of
portfolio
Amortized
cost
Historical
cost
Fair value Unrealized
gain (loss)
Cash and Cash Equivalents 94,380.45 94,380.45 94,380.45 0.00 1 0.20 0.00Corporate Bonds 13,972,353.40 13,597,511.94 13,054,252.94 (543,259.00) 490 29.96 1.13Government Agencies 11,353,540.36 11,270,503.47 10,891,851.29 (378,652.18) 358 24.35 0.95Government Bonds 20,133,619.24 20,067,946.94 19,352,963.13 (714,983.81) 561 43.18 1.48Municipal/Provincial Bonds 1,075,200.00 1,075,200.00 1,075,200.00 0.00 3,625 2.31 7.66Total 46,629,093.45 46,105,542.80 44,468,647.81 (1,636,894.99) 560 100.00 1.39 Cash and Cash EquivalentsCorporate BondsGovernment AgenciesGovernment BondsMunicipal/Provincial Bonds Portfolio diversification (%)
Cash and Cash Equivalents 0.20Corporate Bonds 29.96Government Agencies 24.35Government Bonds 43.18Municipal/Provincial Bonds 2.31 Portfolio diversification (%)
6 Total 100.00

MATURITY DISTRIBUTION OF SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Maturity Historic cost PercentUnder 90 days 3,645,806.49 7.8290 to 179 days 4,477,460.93 9.60180 days to 1 year 8,627,336.42 18.501 to 2 years 20,911,192.26 44.852 to 3 years 4,552,932.02 9.763 to 4 years 3,339,165.33 7.164 to 5 years 0.00 0.00Over 5 years 1,075,200.00 2.31 46,629,093.45 100.00
Maturity distribution

0.005.00

10.0015.0020.0025.00
Historical cost (mm)
Under 90 days
90 to 179 days
180 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
7 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 94,380.45 94,380.45 94,380.45 0.00 0.00 0.20 94,380.45 Total Cash and Cash Equivalents 94,380.45 94,380.45 94,380.45 94,380.45 0.00 0.20 0.00Corporate Bonds931142DH3 2.550 04/11/2023 509,155.00 500,773.77 (5,284.79) 5,985.42 01/11/2023
WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) 500,000.00 495,488.98 1.09 037833AK6 APPLE INC 2.4% 03MAY2023 2.400 05/03/2023 506,880.00 501,121.22 (6,585.80) 4,900. 500,000.00 494,535.42 00 1.09 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 1.950 05/10/2023 1,031,510.00 1,009,522.25 (22,992.28) 7 1,000,000.00 986,529.97 ,583.33 2.21742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 3.100 08/15/2023 520,430.00 510,672.39 (15,346.21) 1,937 500,000.00 495,326.18 .50 1.1289236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 1.350 08/25/2023 714,959.00 705,753.46 (26,095.46) 918.7 700,000.00 679,658.00 5 1.5314912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 3.750 11/24/2023 1,086,390.00 1,038,791.17 (48,121.76) 1 1,000,000.00 990,669.41 3,125.00 2.3306051GHC6 3.004 12/20/2023 525,795.00 502,625.45 (5,280.18) 4,172.22 12/20/2022
BANK OF AMERICA CORP 3.004% 20DEC2023 500,000.00 497,345.27 1.13(CALLABLE 20DEC22) 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 0.450 01/11/2024 479,342.40 479,634.31 (24,227.80) 474.0 480,000.00 455,406.51 0 1.0324422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 0.450 01/17/2024 1,001,230.00 1,000,589.14 (52,438.88) 9 1,000,000.00 948,150.26 12.50 2.15 17325FAS7 3.650 01/23/2024 541,470.00 519,606.41 (26,461.65) 3,396.53 12/23/2023
CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) 500,000.00 493,144.76 1.16 8 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Corporate Bonds693475AV7 3.500 01/23/2024 957,939.00 922,606.44 (36,913.02) 5,862.50 12/24/2023
PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 900,000.00 885,693.42 2.0523DEC23) 91159HHV5 3.375 02/05/2024 1,079,130.00 1,037,271.38 (54,478.72) 5,156.25 01/05/2024
US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 1,000,000.00 982,792.66 2.31 459200HU8 IBM CORP 3.625% 12FEB2024 3.625 02/12/2024 1,086,900.00 1,042,754.80 (56,210.71) 4 1,000,000.00 986,544.09 ,833.33 2.3388579YBB6 3.250 02/14/2024 541,935.00 518,478.48 (28,295.48) 2,076.39 01/14/2024
3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) 500,000.00 490,183.00 1.16 713448CM8 3.600 03/01/2024 537,465.00 517,903.25 (23,358.71) 1,450.00 12/01/2023
PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) 500,000.00 494,544.54 1.15 06051GHF9 3.550 03/05/2024 535,525.00 505,802.29 (9,736.60) 1,232.64 03/05/2023
BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 500,000.00 496,065.69 1.1505MAR23) 46647PAP1 3.559 04/23/2024 534,240.00 508,776.16 (13,881.16) 7,760.60 04/23/2023
JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 500,000.00 494,895.00 1.1523APR23) 717081DM2 PFIZER INC 3.4% 15MAY2024 3.400 05/15/2024 537,160.00 522,810.70 (31,757.39) 6,375 500,000.00 491,053.31 .00 1.15166764BW9 1.554 05/11/2025 667,380.00 671,657.05 (24,908.44) 4,200.12 04/11/2025
CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 700,000.00 646,748.61 1.4311APR25) 46647PBH8 2.005 03/13/2026 577,518.00 580,361.82 (30,883.96) 568.08 03/13/2025
JPMORGAN CHASE & CO 2.005% 13MAR2026 600,000.00 549,477.86 1.24(CALLABLE 13MAR25) Total Corporate Bonds 13,380,000.00 13,972,353.40 13,597,511.94 13,054,252.94 (543,259.00) 82,920.16 29.96Government Agencies3135G0T78 FANNIE MAE 2% 05OCT2022 2.000 10/05/2022 1,260,435.75 1,250,163.62 (267.44) 12,1 1,250,000.00 1,249,896.18 52.78 2.70 9 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Agencies3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 2.500 12/09/2022 1,021,240.00 1,001,182.86 (3,011.65) 7, 1,000,000.00 998,171.21 708.33 2.19 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 1.375 02/17/2023 1,201,698.09 1,200,688.28 (11,201.85) 1 1,200,000.00 1,189,486.43 ,970.83 2.583137EAEQ8 FREDDIE MAC 0.375% 20APR2023 0.375 04/20/2023 1,248,223.75 1,249,258.35 (24,199.70) 2 1,250,000.00 1,225,058.65 ,083.33 2.683135G0U43 FANNIE MAE 2.875% 12SEP2023 2.875 09/12/2023 1,047,553.22 1,011,380.83 (25,709.15) 1 1,000,000.00 985,671.68 ,437.50 2.253135G0V34 FANNIE MAE 2.5% 05FEB2024 2.500 02/05/2024 621,262.80 606,674.73 (21,235.33) 2,291 600,000.00 585,439.40 .67 1.333133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.350 04/22/2024 1,000,000.00 1,000,000.00 (56,951.48) 1 1,000,000.00 943,048.52 ,536.11 2.143130AMQQ8 0.350 04/23/2024 1,000,000.00 1,000,000.00 (63,501.92) 943.06 12/23/2022
FEDERAL HOME LOAN BANK 0.35% 23APR2024 1,000,000.00 936,498.08 2.14(CALLABLE 23DEC22) 3136G46B4 0.350 04/26/2024 1,199,700.00 1,199,864.92 (75,553.59) 1,796.67 10/26/2022
FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 1,200,000.00 1,124,311.33 2.57 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 0.375 05/06/2024 1,000,000.00 1,000,000.00 (63,795.75) 1 1,000,000.00 936,204.25 ,500.00 2.14 (CALLABLE 07OCT22)
3135G0V75 FANNIE MAE 1.75% 02JUL2024 1.750 07/02/2024 753,426.75 751,289.88 (33,224.32) 3,208 750,000.00 718,065.56 .33 1.62 Total Government Agencies 11,250,000.00 11,353,540.36 11,270,503.47 10,891,851.29 (378,652.18) 36,628.61 24.35Government Bonds912828M80 USA TREASURY 2% 30NOV2022 2.000 11/30/2022 1,269,750.29 1,252,095.06 (4,485.37) 8, 1,250,000.00 1,247,609.69 333.33 2.72 10 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds912828Z29 USA TREASURY 1.5% 15JAN2023 1.500 01/15/2023 1,011,526.79 1,003,211.89 (8,776.43) 3, 1,000,000.00 994,435.46 138.59 2.17 912828Z86 USA TREASURY 1.375% 15FEB2023 1.375 02/15/2023 1,263,920.20 1,254,573.78 (15,511.28) 2 1,250,000.00 1,239,062.50 ,148.44 2.71912828ZD5 USA TREASURY 0.5% 15MAR2023 0.500 03/15/2023 1,000,315.85 1,000,118.35 (15,235.54) 2 1,000,000.00 984,882.81 07.18 2.15 91282CCK5 USA TREASURY 0.125% 30JUN2023 0.125 06/30/2023 792,846.43 796,349.67 (19,599.67) 250.0 800,000.00 776,750.00 0 1.7091282CCN9 USA TREASURY 0.125% 31JUL2023 0.125 07/31/2023 989,808.04 994,525.87 (27,963.37) 207.2 1,000,000.00 966,562.50 0 2.129128282D1 USA TREASURY 1.375% 31AUG2023 1.375 08/31/2023 1,265,970.98 1,258,671.44 (41,288.63) 1 1,250,000.00 1,217,382.81 ,424.38 2.7191282CAW1 USA TREASURY 0.25% 15NOV2023 0.250 11/15/2023 1,000,120.54 1,000,053.33 (44,193.95) 9 1,000,000.00 955,859.38 37.50 2.14 912828U57 USA TREASURY 2.125% 30NOV2023 2.125 11/30/2023 661,529.52 653,287.53 (19,029.72) 4,604 650,000.00 634,257.81 .17 1.4291282CBA8 USA TREASURY 0.125% 15DEC2023 0.125 12/15/2023 1,194,566.52 1,197,008.53 (55,133.53) 4 1,200,000.00 1,141,875.00 38.53 2.56 91282CBV2 USA TREASURY 0.375% 15APR2024 0.375 04/15/2024 1,001,175.22 1,000,612.07 (59,088.63) 1 1,000,000.00 941,523.44 ,721.31 2.1591282CCC3 USA TREASURY 0.25% 15MAY2024 0.250 05/15/2024 996,878.35 998,315.62 (61,518.74) 937.5 1,000,000.00 936,796.88 0 2.14912828D56 USA TREASURY 2.375% 15AUG2024 2.375 08/15/2024 1,038,011.16 1,027,066.16 (61,402.10) 2 1,000,000.00 965,664.06 ,968.75 2.23 11 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Government Bonds9128282Y5 USA TREASURY 2.125% 30SEP2024 2.125 09/30/2024 1,051,800.23 1,033,274.14 (73,586.64) 0 1,000,000.00 959,687.50 .00 2.26 912828YM6 USA TREASURY 1.5% 31OCT2024 1.500 10/31/2024 1,014,925.23 1,010,946.13 (65,321.13) 6 1,000,000.00 945,625.00 ,236.41 2.18912828YV6 USA TREASURY 1.5% 30NOV2024 1.500 11/30/2024 722,889.06 715,388.91 (55,010.00) 3,500 700,000.00 660,378.91 .00 1.5591282CAJ0 USA TREASURY 0.25% 31AUG2025 0.250 08/31/2025 1,095,937.50 1,104,780.58 (35,796.21) 2 1,200,000.00 1,068,984.37 48.62 2.3591282CAM3 USA TREASURY 0.25% 30SEP2025 0.250 09/30/2025 456,445.31 459,373.67 (14,998.67) 0.00 0 500,000.00 444,375.00 .989128285N6 USA TREASURY 2.875% 30NOV2025 2.875 11/30/2025 496,212.61 496,454.68 (16,630.46) 4,791 500,000.00 479,824.22 .67 1.0691282CBQ3 USA TREASURY 0.5% 28FEB2026 0.500 02/28/2026 455,839.84 458,470.80 (17,279.39) 207.1 500,000.00 441,191.41 8 0.9891282CBW0 USA TREASURY 0.75% 30APR2026 0.750 04/30/2026 443,595.43 443,681.54 (927.63) 1,559.10 500,000.00 442,753.91 0.959128286X3 USA TREASURY 2.125% 31MAY2026 2.125 05/31/2026 465,958.71 466,009.48 (1,185.26) 3,541. 500,000.00 464,824.22 67 1.00 91282CCJ8 USA TREASURY 0.875% 30JUN2026 0.875 06/30/2026 443,595.43 443,677.71 (1,021.46) 1,093. 500,000.00 442,656.25 75 0.95 Total Government Bonds 20,300,000.00 20,133,619.24 20,067,946.94 19,352,963.13 (714,983.81) 48,495.28 43.18 12 SECURITIES HELD
As of September 30, 2022

SAN RAFAEL
Amortized cost Fair value Unrealized
gain
(loss)
Coupon Maturity/
Call date
Cusip Historical cost Total
accrued
interest
%
Portcost
Par value or
shares
Description
Municipal/Provincial Bonds888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 5.250 09/02/2032 1,075,200.00 1,075,200.00 0.00 4,390.40 1,075,200.00 1,075,200.00 2.31 SANRAF$01
Total Municipal/Provincial Bonds 1,075,200.00 1,075,200.00 1,075,200.00 1,075,200.00 0.00 2.31 4,390.40Grand total 46,099,580.45 46,629,093.45 46,105,542.80 (1,636,894.99) 44,468,647.81 172,434.45 100.00 13 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
United States Treasury Note/Bond912828M80 USA TREASURY 2% 2.000 11/30/2022 AA+ Aaa 1,250,000.00 1,269,750.29 2.72 1,247,609.69 2.81 0.17912828Z29 USA TREASURY 1.5% 1.500 01/15/2023 AA+ Aaa 1,000,000.00 1,011,526.79 2.17 994,435.46 2.24 0.30912828Z86 USA TREASURY 1.375% 1.375 02/15/2023 AA+ Aaa 1,250,000.00 1,263,920.20 2.71 1,239,062.50 2.79 0.37912828ZD5 USA TREASURY 0.5% 0.500 03/15/2023 AA+ Aaa 1,000,000.00 1,000,315.85 2.15 984,882.81 2.21 0.4591282CCK5 USA TREASURY 0.125% 0.125 06/30/2023 AA+ Aaa 800,000.00 792,846.43 1.70 776,750.00 1.75 0.7391282CCN9 USA TREASURY 0.125% 0.125 07/31/2023 AA+ Aaa 1,000,000.00 989,808.04 2.12 966,562.50 2.17 0.829128282D1 USA TREASURY 1.375% 1.375 08/31/2023 AA+ Aaa 1,250,000.00 1,265,970.98 2.71 1,217,382.81 2.74 0.9091282CAW1 USA TREASURY 0.25% 0.250 11/15/2023 AA+ Aaa 1,000,000.00 1,000,120.54 2.14 955,859.38 2.15 1.10912828U57 USA TREASURY 2.125% 2.125 11/30/2023 AA+ Aaa 650,000.00 661,529.52 1.42 634,257.81 1.43 1.1391282CBA8 USA TREASURY 0.125% 0.125 12/15/2023 AA+ Aaa 1,200,000.00 1,194,566.52 2.56 1,141,875.00 2.57 1.1891282CBV2 USA TREASURY 0.375% 0.375 04/15/2024 AA+ Aaa 1,000,000.00 1,001,175.22 2.15 941,523.44 2.12 1.5091282CCC3 USA TREASURY 0.25% 0.250 05/15/2024 AA+ Aaa 1,000,000.00 996,878.35 2.14 936,796.88 2.11 1.58912828D56 USA TREASURY 2.375% 2.375 08/15/2024 AA+ Aaa 1,000,000.00 1,038,011.16 2.23 965,664.06 2.17 1.809128282Y5 USA TREASURY 2.125% 2.125 09/30/2024 AA+ Aaa 1,000,000.00 1,051,800.23 2.26 959,687.50 2.16 1.92912828YM6 USA TREASURY 1.5% 1.500 10/31/2024 AA+ Aaa 1,000,000.00 1,014,925.23 2.18 945,625.00 2.13 2.00912828YV6 USA TREASURY 1.5% 1.500 11/30/2024 AA+ Aaa 700,000.00 722,889.06 1.55 660,378.91 1.49 2.0891282CAJ0 USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aaa 1,200,000.00 1,095,937.50 2.35 1,068,984.37 2.40 2.8491282CAM3 USA TREASURY 0.25% 0.250 09/30/2025 AA+ Aaa 500,000.00 456,445.31 0.98 444,375.00 1.00 2.929128285N6 USA TREASURY 2.875% 2.875 11/30/2025 AA+ Aaa 500,000.00 496,212.61 1.06 479,824.22 1.08 2.9591282CBQ3 USA TREASURY 0.5% 0.500 02/28/2026 AA+ Aaa 500,000.00 455,839.84 0.98 441,191.41 0.99 3.3191282CBW0 USA TREASURY 0.75% 0.750 04/30/2026 AA+ Aaa 500,000.00 443,595.43 0.95 442,753.91 1.00 3.459128286X3 USA TREASURY 2.125% 2.125 05/31/2026 AA+ Aaa 500,000.00 465,958.71 1.00 464,824.22 1.05 3.4491282CCJ8 USA TREASURY 0.875% 0.875 06/30/2026 AA+ Aaa 500,000.00 443,595.43 0.95 442,656.25 1.00 3.60Issuer total 20,300,000.00 20,133,619.24 43.18 19,352,963.13 43.52 1.48 14 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Federal National Mortgage Association3135G0T78 FANNIE MAE 2% 2.000 10/05/2022 AA+ Aaa 1,250,000.00 1,260,435.75 2.70 1,249,896.18 2.81 0.013135G0U43 FANNIE MAE 2.875% 2.875 09/12/2023 AA+ Aaa 1,000,000.00 1,047,553.22 2.25 985,671.68 2.22 0.923135G0V34 FANNIE MAE 2.5% 2.500 02/05/2024 AA+ Aaa 600,000.00 621,262.80 1.33 585,439.40 1.32 1.303136G46B4 FANNIE MAE 0.35% 0.350 04/26/2024 10/26/2022 AA+ Aaa 1,200,000.00 1,199,700.00 2.57 1,124,311.33 2.53 1.533135G0V75 FANNIE MAE 1.75% 1.750 07/02/2024 AA+ Aaa 750,000.00 753,426.75 1.62 718,065.56 1.61 1.69Issuer total 4,800,000.00 4,882,378.52 10.47 4,663,384.15 10.49 1.00Federal Home Loan Banks3130A3KM5 FEDERAL HOME LOAN 2.500 12/09/2022 AA+ Aaa 1,000,000.00 1,021,240.00 2.19 998,171.21 2.24 0.193130AJ7E3 FEDERAL HOME LOAN 1.375 02/17/2023 AA+ Aaa 1,200,000.00 1,201,698.09 2.58 1,189,486.43 2.67 0.383130AMQQ FEDERAL HOME LOAN 0.350 04/23/2024 12/23/2022 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 936,498.08 2.11 1.53Issuer total 3,200,000.00 3,222,938.09 6.91 3,124,155.72 7.03 0.68Federal Farm Credit Banks Funding Corp3133EMWV FEDERAL FARM CREDIT 0.350 04/22/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 943,048.52 2.12 1.523133EMYR7 FEDERAL FARM CREDIT 0.375 05/06/2024 AA+ Aaa 1,000,000.00 1,000,000.00 2.14 936,204.25 2.11 1.56 Issuer total 2,000,000.00 2,000,000.00 4.29 1,879,252.77 4.23 1.54 Federal Home Loan Mortgage Corp3137EAEQ8 FREDDIE MAC 0.375% 0.375 04/20/2023 AA+ Aaa 1,250,000.00 1,248,223.75 2.68 1,225,058.65 2.75 0.54 Issuer total 1,250,000.00 1,248,223.75 2.68 1,225,058.65 2.75 0.54 Toyota Motor Credit Corp89236THA6 TOYOTA MOTOR CREDIT 1.350 08/25/2023 A+ A1 700,000.00 714,959.00 1.53 679,658.00 1.53 0.8889236THU2 TOYOTA MOTOR CREDIT 0.450 01/11/2024 A+ A1 480,000.00 479,342.40 1.03 455,406.51 1.02 1.25 Issuer total 1,180,000.00 1,194,301.40 2.56 1,135,064.51 2.55 1.03 15 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
PT. SAN ASSESS DISTRICT888599LS4 PT. SAN ASSESS 5.250 09/02/2032 NR NR 1,075,200.00 1,075,200.00 2.31 1,075,200.00 2.42 7.66 Issuer total 1,075,200.00 1,075,200.00 2.31 1,075,200.00 2.42 7.66 JPMorgan Chase & Co46647PAP1 JPMORGAN CHASE & CO 3.559 04/23/2024 04/23/2023 A- A1 500,000.00 534,240.00 1.15 494,895.00 1.11 0.5446647PBH8 JPMORGAN CHASE & CO 2.005 03/13/2026 03/13/2025 A- A1 600,000.00 577,518.00 1.24 549,477.86 1.24 2.33 Issuer total 1,100,000.00 1,111,758.00 2.38 1,044,372.86 2.35 1.47 Bank of America Corp06051GHC6 BANK OF AMERICA CORP 3.004 12/20/2023 12/20/2022 A- A2 500,000.00 525,795.00 1.13 497,345.27 1.12 0.2206051GHF9 BANK OF AMERICA CORP 3.550 03/05/2024 03/05/2023 A- A2 500,000.00 535,525.00 1.15 496,065.69 1.12 0.42 Issuer total 1,000,000.00 1,061,320.00 2.28 993,410.96 2.23 0.32 Caterpillar Financial Services Corp14912L5X5 CATERPILLAR FINL 3.750 11/24/2023 A A2 1,000,000.00 1,086,390.00 2.33 990,669.41 2.23 1.10 Issuer total 1,000,000.00 1,086,390.00 2.33 990,669.41 2.23 1.10 International Business Machines Corp459200HU8 IBM CORP 3.625% 3.625 02/12/2024 A- A3 1,000,000.00 1,086,900.00 2.33 986,544.09 2.22 1.31 Issuer total 1,000,000.00 1,086,900.00 2.33 986,544.09 2.22 1.31 American Honda Finance Corp02665WDH1 AMERICAN HONDA 1.950 05/10/2023 A- A3 1,000,000.00 1,031,510.00 2.21 986,529.97 2.22 0.59 Issuer total 1,000,000.00 1,031,510.00 2.21 986,529.97 2.22 0.59 US Bancorp91159HHV5 US BANCORP 3.375% 3.375 02/05/2024 01/05/2024 A+ A2 1,000,000.00 1,079,130.00 2.31 982,792.66 2.21 1.28 Issuer total 1,000,000.00 1,079,130.00 2.31 982,792.66 2.21 1.28 16 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
John Deere Capital Corp24422EVN6 JOHN DEERE CAPITAL 0.450 01/17/2024 A A2 1,000,000.00 1,001,230.00 2.15 948,150.26 2.13 1.27 Issuer total 1,000,000.00 1,001,230.00 2.15 948,150.26 2.13 1.27 PNC Financial Services Group Inc/The693475AV7 PNC FINANCIAL 3.500 01/23/2024 12/24/2023 A- A3 900,000.00 957,939.00 2.05 885,693.42 1.99 1.24 Issuer total 900,000.00 957,939.00 2.05 885,693.42 1.99 1.24 Chevron Corp166764BW9 CHEVRON CORP 1.554% 1.554 05/11/2025 04/11/2025 AA- Aa2 700,000.00 667,380.00 1.43 646,748.61 1.45 2.48 Issuer total 700,000.00 667,380.00 1.43 646,748.61 1.45 2.48 Walmart Inc931142DH3 WALMART INC 2.55% 2.550 04/11/2023 01/11/2023 AA Aa2 500,000.00 509,155.00 1.09 495,488.98 1.11 0.51 Issuer total 500,000.00 509,155.00 1.09 495,488.98 1.11 0.51 Procter & Gamble Co/The742718EB1 PROCTER & GAMBLE 3.100 08/15/2023 AA- Aa3 500,000.00 520,430.00 1.12 495,326.18 1.11 0.85 Issuer total 500,000.00 520,430.00 1.12 495,326.18 1.11 0.85 PepsiCo Inc713448CM8 PEPSICO INC 3.6% 3.600 03/01/2024 12/01/2023 A+ A1 500,000.00 537,465.00 1.15 494,544.54 1.11 1.28 Issuer total 500,000.00 537,465.00 1.15 494,544.54 1.11 1.28 Apple Inc037833AK6 APPLE INC 2.4% 2.400 05/03/2023 AA+ Aaa 500,000.00 506,880.00 1.09 494,535.42 1.11 0.57 Issuer total 500,000.00 506,880.00 1.09 494,535.42 1.11 0.57 17 GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
As of September 30, 2022

SAN RAFAEL
Cusip S&P
rating
Moody
rating
Historical
cost
% Portfolio
hist cost
Market
value
% Portfolio
mkt value
Effective
dur (yrs)
Description Coupon Maturity
date
Call date Par value or
shares
Citibank NA17325FAS7 CITIBANK NA 3.65% 3.650 01/23/2024 12/23/2023 A+ Aa3 500,000.00 541,470.00 1.16 493,144.76 1.11 1.24 Issuer total 500,000.00 541,470.00 1.16 493,144.76 1.11 1.24 Pfizer Inc717081DM2 PFIZER INC 3.4% 3.400 05/15/2024 A+ A2 500,000.00 537,160.00 1.15 491,053.31 1.10 1.54 Issuer total 500,000.00 537,160.00 1.15 491,053.31 1.10 1.54 3M Co88579YBB6 3M COMPANY 3.25% 3.250 02/14/2024 01/14/2024 A+ A1 500,000.00 541,935.00 1.16 490,183.00 1.10 1.30 Issuer total 500,000.00 541,935.00 1.16 490,183.00 1.10 1.30 Cash and Cash Equivalents
INVESTED CASH 0.000 94,380.45 94,380.45 0.00 94,380.45 0.21 0.00 Issuer total 94,380.45 94,380.45 0.00 94,380.45 0.21 0.00 Grand total 46,099,580.45 46,629,093.45 100.00 44,468,647.81 100.00 1.39 18 SECURITIES PURCHASED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Par value or
shares
Unit cost Accrued
interest
Trade date
Settle date
Coupon Maturity/
Call date
Principal
cost
Cusip Description / Broker
Government Bonds91282CBW0 09/28/2022 04/30/2026 500,000.00 88.72 (443,595.43) (1,5 0.750 59.10) 09/30/2022
USA TREASURY 0.75% 30APR2026J.P. MORGAN SECURITIES LLC
9128286X3 09/28/2022 05/31/2026 500,000.00 93.19 (465,958.71) (3,5 2.125 41.67) 09/30/2022
USA TREASURY 2.125% 31MAY2026GOLDMAN, SACHS AND CO.
91282CCJ8 09/28/2022 06/30/2026 500,000.00 88.72 (443,595.43) (1,0 0.875 93.75) 09/30/2022
USA TREASURY 0.875% 30JUN2026BMO CAPITAL MARKETS LIMITED Total Government Bonds 1,500,000.00 (1,353,149.57) (6,194.52) Grand total Grand total 1,500,000.00 (1,353,149.57) (6,194.52) 19 SECURITIES SOLD AND MATURED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Historical cost Amortized cost
at sale or
maturity
Fair value at
sale or
maturity
Realized
gain
(loss)
Trade date Coupon Price
Settle date
Maturity/
Call date
Par value or
shares
Cusip Accrued
interest
sold
Description / Broker
Government Bonds91282CAN1 09/30/2022 (1,250,000.00) 1,248,929.97 1,250,000.00 0.0 0.125 0 1,250,000.00 0.00 0.00 09/30/2022
USA TREASURY 0.125% 30SEP2022
Total (Government Bonds) (1,250,000.00) 1,248,929.97 1,250,000.00 1,250,000.00 0.00 0.00 Municipal/Provincial Bonds888599LS4 09/01/2022 09/02/2032 (84,100.00) 84,100.00 84,100.00 10 5.250 0.00 84,100.00 0.00 0.00 09/02/2022
PT. SAN ASSESS DISTRICT 5.25% 144A02SEP2032 SANRAF$01CORPORATE ACTIONS IOO Total (Municipal/Provincial Bonds) (84,100.00) 84,100.00 84,100.00 84,100.00 0.00 0.00 Grand total (1,334,100.00) 1,333,029.97 1,334,100.00 1,334,100.00 0.00 0.00 20 DETAIL OF RETURN AND INTEREST RECEIVED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 162.17 162.17
Total Cash 0.00 0.00 0.00 162.17 162.17Corporate Bonds
88579YBB6 3M COMPANY 3.25% 14FEB2024 (CALLABLE 14JAN24) (1,194.73) 0.00 (6,439.74) 1,309.03 0.00 02665WDH1 AMERICAN HONDA FINANCE 1.95% 10MAY2023 (1,298.49) 0.00 691.17 1,570.83 0.00 037833AK6 APPLE INC 2.4% 03MAY2023 (157.92) 0.00 (2,020.87) 966.67 0.00 06051GHC6 BANK OF AMERICA CORP 3.004% 20DEC2023 (CALLABLE 20DEC22) (984.54) 0.00 (807.61) 1,209.94 0.00 06051GHF9 BANK OF AMERICA CORP 3.55% 05MAR2024 (CALLABLE 05MAR23) (1,123.03) 0.00 (1,911.84) 1,429.86 8,875.00 14912L5X5 CATERPILLAR FINL SERVICE 3.75% 24NOV2023 (2,810.96) 0.00 (11,253.31) 3,020.83 0.00 166764BW9 CHEVRON CORP 1.554% 11MAY2025 (CALLABLE 11APR25) 903.61 0.00 (13,771.99) 876.29 0.00 17325FAS7 CITIBANK NA 3.65% 23JAN2024 (CALLABLE 23DEC23) (1,327.75) 0.00 (6,030.02) 1,470.14 0.00 459200HU8 IBM CORP 3.625% 12FEB2024 (2,607.00) 0.00 (10,939.71) 2,920.14 0.00 24422EVN6 JOHN DEERE CAPITAL CORP 0.45% 17JAN2024 (37.84) 0.00 (9,256.48) 362.50 0.00 46647PBH8 JPMORGAN CHASE & CO 2.005% 13MAR2026 (CALLABLE 13MAR25) 473.97 0.00 (13,192.20) 969.08 6,015.00 46647PAP1 JPMORGAN CHASE & CO 3.559% 23APR2024 (CALLABLE 23APR23) (1,296.97) 0.00 (2,539.21) 1,433.49 0.00 713448CM8 PEPSICO INC 3.6% 01MAR2024 (CALLABLE 01DEC23) (1,275.77) 0.00 (5,913.77) 1,450.00 9,000.00 717081DM2 PFIZER INC 3.4% 15MAY2024 (1,169.78) 0.00 (7,124.27) 1,369.44 0.00 693475AV7 PNC FINANCIAL SERVICES 3.5% 23JAN2024 (CALLABLE 23DEC23) (1,530.91) 0.00 (11,485.52) 2,537.50 0.00 742718EB1 PROCTER & GAMBLE CO/THE 3.1% 15AUG2023 (1,016.42) 0.00 (2,508.69) 1,248.61 0.00 89236THU2 TOYOTA MOTOR CREDIT CORP 0.45% 11JAN2024 23.79 0.00 (4,217.72) 174.00 0.00 21 DETAIL OF RETURN AND INTEREST RECEIVED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Corporate Bonds
89236THA6 TOYOTA MOTOR CREDIT CORP 1.35% 25AUG2023 (531.09) 0.00 (3,668.17) 761.25 0.00 91159HHV5 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) (2,539.37) 0.00 (12,335.35) 2,718.75 0.00 931142DH3 WALMART INC 2.55% 11APR2023 (CALLABLE 11JAN23) (229.83) 0.00 (1,522.02) 1,027.09 0.00 Total Corporate Bonds (19,731.03) (126,247.32) 23,890.00 0.00 28,825.44Government Agencies 3136G46B4 FANNIE MAE 0.35% 26APR2024 (CALLABLE 26OCT22) 7.40 0.00 (10,643.55) 338.34 0.00 3135G0V75 FANNIE MAE 1.75% 02JUL2024 (61.23) 0.00 (9,579.78) 1,057.29 0.00 3135G0T78 FANNIE MAE 2% 05OCT2022 (981.73) 0.00 536.37 2,013.89 0.00 3135G0V34 FANNIE MAE 2.5% 05FEB2024 (412.87) 0.00 (6,807.32) 1,208.34 0.00 3135G0U43 FANNIE MAE 2.875% 12SEP2023 (998.31) 0.00 (6,956.48) 2,315.97 14,375.00 3133EMWV0 FEDERAL FARM CREDIT BANK 0.35% 22APR2024 0.00 0.00 (9,046.60) 281.94 0.00 3133EMYR7 FEDERAL FARM CREDIT BANK 0.375% 06MAY2024 (CALLABLE 07OCT22) 0.00 0.00 (9,191.92) 302.08 0.00 3130AMQQ8 FEDERAL HOME LOAN BANK 0.35% 23APR2024 (CALLABLE 23DEC22) 0.00 0.00 (8,773.54) 281.95 0.00 3130AJ7E3 FEDERAL HOME LOAN BANK 1.375% 17FEB2023 (150.72) 0.00 (1,510.17) 1,329.16 0.00 3130A3KM5 FEDERAL HOME LOAN BANK 2.5% 09DEC2022 (514.28) 0.00 (661.42) 2,013.89 0.00 3137EAEQ8 FREDDIE MAC 0.375% 20APR2023 111.25 0.00 (194.81) 377.60 0.00 Total Government Agencies (3,000.49) (62,829.22) 14,375.00 0.00 11,520.45Government Bonds 91282CBA8 USA TREASURY 0.125% 15DEC2023 203.50 0.00 (8,156.26) 122.96 0.00 91282CCK5 USA TREASURY 0.125% 30JUN2023 401.13 0.00 (1,656.25) 81.52 0.00 22 DETAIL OF RETURN AND INTEREST RECEIVED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Government Bonds
91282CAN1 USA TREASURY 0.125% 30SEP2022 113.83 0.00 2,124.81 128.07 781.25 91282CCN9 USA TREASURY 0.125% 31JUL2023 540.21 0.00 (3,437.50) 101.90 0.00 91282CCC3 USA TREASURY 0.25% 15MAY2024 85.22 0.00 (10,156.24) 203.80 0.00 91282CAW1 USA TREASURY 0.25% 15NOV2023 (3.89) 0.00 (6,718.74) 203.80 0.00 91282CAM3 USA TREASURY 0.25% 30SEP2025 1,112.04 0.00 (8,710.94) 102.46 625.00 91282CAJ0 USA TREASURY 0.25% 31AUG2025 2,679.72 0.00 (20,625.00) 248.62 0.00 91282CBV2 USA TREASURY 0.375% 15APR2024 (32.62) 0.00 (9,492.18) 307.38 0.00 912828ZD5 USA TREASURY 0.5% 15MAR2023 (21.39) 0.00 (703.13) 410.98 2,500.00 91282CBQ3 USA TREASURY 0.5% 28FEB2026 999.10 0.00 (9,941.40) 207.18 0.00 91282CBW0 USA TREASURY 0.75% 30APR2026 86.11 0.00 (841.52) 0.00 0.00 91282CCJ8 USA TREASURY 0.875% 30JUN2026 82.28 0.00 (939.18) 0.00 0.00 912828Z86 USA TREASURY 1.375% 15FEB2023 (994.30) 0.00 (439.45) 1,401.16 0.00 9128282D1 USA TREASURY 1.375% 31AUG2023 (776.55) 0.00 (6,738.29) 1,424.38 0.00 912828Z29 USA TREASURY 1.5% 15JAN2023 (900.53) 0.00 255.77 1,222.83 0.00 912828YV6 USA TREASURY 1.5% 30NOV2024 (582.91) 0.00 (9,925.77) 860.66 0.00 912828YM6 USA TREASURY 1.5% 31OCT2024 (430.95) 0.00 (13,750.00) 1,222.82 0.00 912828M80 USA TREASURY 2% 30NOV2022 (1,030.36) 0.00 181.06 2,049.18 0.00 912828U57 USA TREASURY 2.125% 30NOV2023 (231.52) 0.00 (5,255.86) 1,132.17 0.00 9128282Y5 USA TREASURY 2.125% 30SEP2024 (1,365.56) 0.00 (13,867.19) 1,741.80 10,625.00 9128286X3 USA TREASURY 2.125% 31MAY2026 50.77 0.00 (1,134.49) 0.00 0.00 23 DETAIL OF RETURN AND INTEREST RECEIVED
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Description Accretion Interest earned
(amortization)
Realized gain
(loss)
Change in fair
value
Cusip Interest received
Government Bonds
912828D56 USA TREASURY 2.375% 15AUG2024 (1,185.38) 0.00 (13,789.06) 1,936.14 0.00 9128285N6 USA TREASURY 2.875% 30NOV2025 91.92 0.00 (10,859.38) 1,178.28 0.00 Total Government Bonds (1,110.13) (154,576.19) 14,531.25 0.00 16,288.09Municipal/Provincial Bonds 888599LS4 PT. SAN ASSESS DISTRICT 5.25% 144A 02SEP2032 SANRAF$01 0.00 0.00 0.00 4,559.47 30,431.63 Total Municipal/Provincial Bonds 0.00 0.00 0.00 30,431.63 4,559.47Grand total (23,841.65) (343,652.73) 83,390.05 0.00 61,355.62 24 TRANSACTION REPORT
For the period September 1, 2022 - September 30, 2022

SAN RAFAEL
Maturity Par value or
shares
Trade date Cusip Sec type Description Transaction Principal Interest Transaction totalSettle date Realized
gain(loss)
09/01/2022 9,000.0009/01/2022
713448CM8 Corporate Bonds PEPSICO INC 3.6% 01MAR2024 0 Income 3/01/2024 500,000.00 0.00 9,000.00 0.00 09/01/2022 0.0009/02/2022
888599LS4 Municipal/Provincial Bonds PT. SAN ASSESS D Principal Paydowns ISTRICT 09/02/2032 (84,100.00) 84,100.00 84,100.00 0.00 09/02/2022 30,431.6309/02/2022
888599LS4 Municipal/Provincial Bonds PT. SAN ASSESS D Income ISTRICT 09/02/2032 1,159,300.00 0.00 30,431.63 0.00 09/05/2022 8,875.0009/05/2022
06051GHF9 Corporate Bonds BANK OF AMERICA CORP 3.55% 0 Income 3/05/2024 500,000.00 0.00 8,875.00 0.00 09/12/2022 14,375.0009/12/2022
3135G0U43 Government Agencies FANNIE MAE 2.875% 09/12/ Income 2023 1,000,000.00 0.00 14,375.00 0.00 09/13/2022 6,015.0009/13/2022
46647PBH8 Corporate Bonds JPMORGAN CHASE & CO 03/13/20 Income 26 600,000.00 0.00 6,015.00 0.00 09/15/2022 2,500.0009/15/2022
912828ZD5 Government Bonds USA TREASURY 0.5% 03/15/202 Income 3 1,000,000.00 0.00 2,500.00 0.00 09/28/2022 (3,541.67)09/30/2022
9128286X3 Government Bonds USA TREASURY 2.125% 05/31/2 Bought 026 500,000.00 (465,958.71) (469,500.38) 0.00 09/28/2022 (1,559.10)09/30/2022
91282CBW0 Government Bonds USA TREASURY 0.75% 04/30/20 Bought 26 500,000.00 (443,595.43) (445,154.53) 0.00 09/28/2022 (1,093.75)09/30/2022
91282CCJ8 Government Bonds USA TREASURY 0.875% 06/30/2 Bought 026 500,000.00 (443,595.43) (444,689.18) 0.00 09/30/2022 10,625.0009/30/2022
9128282Y5 Government Bonds USA TREASURY 2.125% 09/30/2 Income 024 1,000,000.00 0.00 10,625.00 0.00 09/30/2022 625.0009/30/2022
91282CAM3 Government Bonds USA TREASURY 0.25% 09/30/20 Income 25 500,000.00 0.00 625.00 0.00 09/30/2022 781.2509/30/2022
91282CAN1 Government Bonds USA TREASURY 0.125% 09/30/2 Income 022 1,250,000.00 0.00 781.25 0.00 09/30/2022 0.0009/30/2022
91282CAN1 Government Bonds USA TREASURY 0.125% 09/30/2 Capital Change 022 (1,250,000.00) 1,250,000.00 1,250,000.00 0.00 09/30/2022 Income Cash and Cash Equivalents Cash 0.00 0.00 0.00 162.17 162.17 25 ADDITIONAL INFORMATION
As of September 30, 2022

SAN RAFAEL
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Insight is a group of wholly owned subsidiaries of The Bank of New York Mellon Corporation. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference the Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New York Mellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notified to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entity)and are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any of its affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection therewith.© 2022 Insight Investment. All rights reserved. 27 ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.f
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire Department
Prepared by: Darin White, Fire Chief City Manager Approval: ______________ TOPIC: TRIANNUAL FIRE CODE ORDINANCE AMENDMENTS
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING CHAPTER 4.08 OF THE SAN RAFAEL MUNICIPAL CODE TO ADOPT BY REFERENCE THE CALIFORNIA FIRE CODE 2022 EDITION WITH AMENDMENTS, THE INTERNATIONAL FIRE CODE 2021 EDITION, AND APPENDIX A OF THE 2021

INTERNATIONAL WILDLAND-URBAN INTERFACE CODE AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES; AND SETTING A PUBLIC HEARING FOR NOVEMBER 7, 2022.

RECOMMENDATION: Waive further reading of the ordinance and refer to it by title only, introduce the Ordinance, and set a public hearing for November 7, 2022.

BACKGROUND:

This is the routine triannual update of the California Fire Code. Although Chapter 49 (Requirements for Urban Interface Fire Areas) has been expanded, it does not conflict with current vegetation fire safety provisions pertaining to the City of San Rafael Wildfire Action Plan or the Marin Wildfire Prevention Authority.

The proposed Ordinance adopts the latest version of the California Code of Regulations Title 24 fire code; specifically, the 2022 California Fire Code with local amendments, the 2021 International Fire Code, and Appendix A of the 2021 International Wildland-Urban Interface Code. State law mandates that the California Fire Code become effective statewide on January 1, 2023, with or without local amendments.

The public hearing is scheduled for the second reading of the Ordinance at the next regularly scheduled meeting of the City Council, since the Ordinance is adopting the 2022 California Fire Code and the 2021 International Fire Code by reference, per Government Code Sections 50022.1 through 50022.11.

ANALYSIS:

California Code of Regulations Title 24, the California Fire Code, is published on a three-year cycle. The California Building Standards Commission publishes the triannual code and State law mandates that this code become effective throughout California 180 days after the publication date. This is done in order to foster uniformity in fire prevention and construction standards statewide. Local jurisdictions are permitted SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
to amend the published codes based on local climatic, geological, or topographical conditions. The proposed ordinance contains local amendments that have been carried over from previous years.

This update to the City Municipal Code contains amendments that reflect revised code sections of the California Fire Code. There are no new local amendments being proposed at this time.

FISCAL IMPACT:

No fiscal impact to the City is anticipated since this only involves an update to the Fire Code with local amendments.

ENVIRONMENTAL REVIEW:

The amendments proposed in this ordinance are exempt from review under the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15061(b)(3), also known as the “general rule” exemption, because it can be seen with certainty to have no possibility for causing a significant effect on the environment.

OPTIONS:

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

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

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

3. Postpone 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, 2023, without the benefit of the local amendments.

RECOMMENDED ACTION:

Waive further reading of the ordinance and refer to it by title only, introduce the Ordinance, and set a public hearing for November 7, 2022.

ATTACHMENT:

1. Ordinance
-1-
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING CHAPTER 4.08 OF THE SAN RAFAEL MUNICIPAL CODE TO ADOPT BY REFERENCE THE CALIFORNIA FIRE CODE 2022 EDITION WITH
AMENDMENTS, THE INTERNATIONAL FIRE CODE 2021 EDITION, AND APPENDIX A OF THE 2021 INTERNATIONAL WILDLAND-URBAN

INTERFACE CODE AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES.

WHEREAS, the City of San Rafael may adopt a fire prevention code by reference pursuant to Article 2 commencing with Section 50022.1 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code; and
WHEREAS, pursuant to Health and Safety Code Section 13869, the City of San Rafael may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code when such modified standards are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, changes or modifications to the 2019 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions; and WHEREAS, this Ordinance No. ______ was introduced and read by title only at a meeting of the San Rafael City Council on the 17th day of October 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
-2-
DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael is hereby amended to read as follows:

CHAPTER 4.08. FIRE CODE
Sections: 4.08.010 Purpose.

4.08.020 Adoption of the California Fire Code, 2022
Edition and the International Fire Code, 2021
Edition, with Amendments and Appendix A of
the 2021 International Wildland-Urban Interface
Code.

4.08.030 Definitions.

4.08.040 Administration and enforcement of the fire code.

4.08.050 The Fire Chief has powers of police and
authority to arrest and issue citations.

4.08.060 Restrictions on the storage of flammable and
combustible liquids in aboveground tanks
outside of buildings.

4.08.070 Restrictions on the storage and dispensing of
liquefied petroleum gases (LP-gas).

4.08.080 Explosives and blasting agents prohibited.

4.08.090 Restrictions on storage of compressed natural
gas.

4.08.100 Restrictions on storage of stationary tanks of flammable cryogenic fluids.

4.08.110 New materials, processes or occupancies which
may require permits.

4.08.120 Amendments to the fire code.

4.08.130 Enforcement and penalties.

4.08.140 Appeals.
-3-

4.08.010 Purpose.

The 2022 California Fire Code which consists of certain portions of the 2021 International Fire Code as amended by the California Building Standards Commission described in Section 4.08.020 are adopted for the following purposes:

1. To prescribe regulations and building standards in order to protect life and property from fire, explosion, earthquake and other disasters;

2. To provide for permits as prescribed herein;

3. To establish and maintain a Fire Prevention Bureau;

4. To provide penalties for violations of this code.

4.08.020 Adoption of the California Fire Code, 2022 Edition and the International Fire Code, 2021 Edition, with Amendments and Appendix A of the 2021 International Wildland-Urban Interface Code.

The City Council hereby adopts for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes which contain building standards and fire safety standards known as the 2022 California Fire Code (International Fire Code, 2021 Edition as amended by the State of California) as published by the California Building Standards Commission, together with appendices Chapter 4, B, BB, C, CC, D, H, and O thereto; and the 2021 International Fire Code; and Appendix A of the 2021 International Wildland-Urban Interface Code; save and except such portions as are herein added, deleted, modified or amended. Where conflicts occur between provisions of the 2022 California Fire Code and the 2021 International Fire Code and Appendix A of the 2021 International Wildland-Urban Interface Code, the provisions of the 2022 California Fire Code as amended shall apply.

4.08.030 Definitions.

Except as words are defined in section 4.08.120, the words used in this chapter and in the adopted codes listed in 4.08.020 shall have the meaning as defined below.

The following words are defined:

1. Whenever the words “Building Code” are used, they shall mean the California Building Code, as adopted by the City of San Rafael, with amendments.

2. Whenever the words “Residential Code” are used, they shall mean the California Residential Code, as adopted by the City of San Rafael, with amendments.

3. Whenever the words “Fire Code” are used, they shall mean this chapter and the codes and standards adopted in section 4.08.020, with amendments.

4. Whenever the word “Jurisdiction” is used, it shall mean the City of San Rafael.
-4-

4.08.040 Administration and Enforcement of the Fire Code.

A. The Fire Chief has the authority to interpret, administer and enforce this code. The Fire Chief may delegate any or all of their authority under this code to such duly authorized subordinates in the Fire Department as he may designate and the actions of such duly authorized subordinates shall be construed as valid actions of the Fire Chief.

B. The Fire Chief shall have the authority and powers of a Code Enforcement Official, as specified in San Rafael Municipal Code Chapters 1.08 and 1.40, in performing the duties under this code.

C. The Fire Chief shall have the authority to order the immediate abatement of any hazard, located within or on public or private property and any public thoroughfare or railroad, when deemed by the Fire Chief to be an imminent hazard to the life, health, safety and the well-being of the public, firefighters and other City employees.

D. Whenever the Fire Chief finds an activity or use regulated by this code being performed or used in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Fire Chief is authorized to issue an order to cause the activity or use to cease or desist immediately.

4.08.050 The Fire Chief has powers of police and authority to arrest and issue citations.

A. The Fire Chief and their duly authorized subordinates shall have the powers of a police officer in performing their duties under this code. When requested to do so by the Fire Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist them in enforcing the provisions of this code.

B. The Fire Chief and their duly authorized subordinates shall have authority to arrest or to cite any person who violates any provision of the Fire Code, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended.

C. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 be applicable to the aforementioned Fire Chief and their duly authorized subordinates exercising their arrest or citation authority within the course and scope of their employment pursuant to this code.

4.08.060 Restrictions on the storage of flammable and combustible liquids in aboveground tanks outside of buildings.

A. Pursuant to Sections 5704.2.9.6.1 and 5706.2.4.4 of the Fire Code, except -5-
as provided in Subsection B of this Section, the storage of flammable and combustible liquids outside buildings in aboveground tanks is prohibited in all areas of the City.

B. Providing storage of flammable and combustible liquids is within an approved aboveground fuel storage tank as required by the Fire Code, such storage and quantities are permitted in the following districts as defined in Title 14 of the Municipal Code:

1. Districts designated as I, LI/O, M, MC, or CCI/O shall be permitted to have a maximum of ten thousand (10,000) gallons at any one (1) site.

2. Districts designated as PD, providing that they are industrial use in nature, shall be permitted to have a maximum of ten thousand (10,000) gallons at any one (1) site.

3. Districts designated as GC, C/O, FBWC, or PD (providing that they are commercial use) shall be permitted to store a maximum of five thousand (5,000) gallons at any one (1) site.

4. Discretion may be exercised by the Fire Chief to modify the maximum capacities allowed by this section, in accordance with regulations and standards adopted by the Fire Chief to protect against any increased hazards to life or property.

C. Bulk plants for the storage of flammable or combustible liquids are prohibited within the jurisdiction.

D. Prior to the Fire Department authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter

14.25. 4.08.070 Restrictions on the storage and dispensing of liquefied petroleum gas (LP-gas).

A. Pursuant to Section 6104.2 of the California Fire Code, except as provided in Subsection B of this Section, the storage of LP-gas is prohibited in all areas of the City.

B. Storage, limited to one thousand (1,000) gallons of LP-gas at any one (1) site, is permitted in the following districts as defined in Title 14 of the Municipal Code, except that up to one thousand five hundred (1,500) gallons of LP-gas may be permitted at any one (1) site, provided that the LP-gas storage tank system is protected in a manner approved by the Fire Chief:

1. Districts designated as I, LI/O or CCI/O;

2. Districts designated as PD, providing that they are industrial use in nature;

3. Districts designated as GC, C/O, FBWC, HO, 2/3 MUE, 2/3 MUW, M, MC or PD (providing that they are commercial use) only if the tank system is wholly protected in a manner approved by the Fire Chief.

C. The storage of any LP-gas tank system in any residential district is prohibited unless there are no natural gas lines available to be connected to the residence.
-6-
D. The dispensing of LP-gas is prohibited in all districts except such dispensing is permitted in those districts outlined in Subsection B of this Section.

E. Exceptions to the Restrictions.

1. Limited quantities only when used in conjunction with home LP-gas barbecues, recreational vehicles or similar uses;

2. Limited quantities only when used in conjunction with LP-gas driven vehicles;

3. Limited quantities only when used in conjunction with construction projects for which a Building Permit has been issued;

4. Existing bulk LP-gas facilities shall be able to continue their use and shall be able to relocate their facilities with the express permission of the Fire Chief and the City Council.

F. Prior to the Fire Department authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter

14.25. 4.08.080 Explosives and blasting agents prohibited.

Except where an operational permit is issued in accordance with Section 105.5.16 or Section 105.5.42 of the Fire Code, the manufacture, storage, handling, sale, or use of any explosives, explosive materials, blasting agents, fireworks or pyrotechnic special effects is prohibited within the jurisdiction.

4.08.090 Restrictions on storage of compressed natural gas.

Compressed natural gas facilities and storage are prohibited in all areas of the City except the following districts as defined in Title 14 of the Municipal Code:

1. Districts designated as I, LI/O or CCI/O;

2. Districts designated as PD providing that they are industrial use in nature.

4.08.100 Restrictions on storage of stationary tanks of flammable cryogenic fluids.

Pursuant to Chapter 55 of the Fire Code, the storage of flammable cryogenic fluids in stationary containers is prohibited in all areas of the City except the following districts as defined in Title 14 of the Municipal Code:

1. Districts designated as I, LI/O or CCI/O;

2. Districts designated as PD providing that they are industrial use in nature.

4.08.110 New materials, processes or occupancies which may require permits. -7-
The Fire Chief shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, process or occupancies which shall require permits in addition to those now enumerated in the Fire Code. The Fire Chief shall post such list in a conspicuous place in their office and distribute copies thereof to interested persons.

4.08.120 Amendments to the Fire Code.

The 2022 California Fire Code and the 2021 International Fire Code are amended or modified, as follows:

Section 1.11.2.1 is hereby amended to read as follows:

1.11.2.1.1 Enforcement. Pursuant to Health & Safety Code Section 13146, the Fire Chief shall have the responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, for Group R-3 occupancies and all buildings and property subject to regulation by the City.

Section 102.5 is hereby amended to read as follows:
102.5 Application of California Residential Code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Design and construction provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies.

Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code, including but not limited to Section 903.2 and Chapter 12. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code also shall apply.

2. Administrative, operational and maintenance provisions: All such applicable provisions of this code shall apply.

Section 103.1 is hereby amended to read as follows:
103.1 Fire Prevention Bureau. The Fire Prevention Bureau is established within the Fire Department under the direction of the Fire Chief. The function of the Fire Prevention Bureau shall include the interpretation, implementation, -8-
administration and enforcement of the Fire Code and adopted standards. The Fire Prevention Bureau is authorized to enforce the provisions of other codes and ordinances of the City pertaining to the storage, handling and use of hazardous materials, fire and life safety, and the fire protection system requirements of the Building Code and the Residential Code.

Section 104.12 is hereby added to read as follows:
104.12 Liability of persons causing a Fire Department response. The Fire Department may recover the costs and expenses of a Fire Department response (incident) within the responsibility for enforcement of the Fire Chief, including all costs and expenses of the Fire Department and other mutual aid Fire Departments responding to the incident, where the incident has been caused by the willful misconduct or negligence of the party that caused the incident. These response costs shall be a debt of the business, corporation, individual or other responsible party owed to the Fire Department and to the other responding mutual aid Fire Departments. The City may collect response costs on behalf of itself, and also may collect response costs on behalf of the other mutual aid Fire Departments with their consent. The mutual aid Fire Departments also may collect their response costs directly from the responsible party. The City shall compute and bill the responsible party for such response costs and expenses, with payment due within thirty (30) days following the mailing of the bill, unless an appeal is filed as provided in Section 4.08.140 A. Upon failure to pay the response costs and expenses when due, the responsible person shall be liable, in a civil action brought by the City, for such response costs and expenses, and costs of the litigation, including reasonable attorneys’ fees.
104.12.1 Liability for correction and abatement. Where the Fire Chief determines that a violation of any provision of this Chapter constitutes an immediate threat to public health or safety, the Fire Chief is authorized to take such corrective action as may be necessary to cause the summary abatement of the violation. The City may recover the costs and expenses associated with the correction and abatement of a violation or hazardous condition, including all costs and expenses incurred by the City and contractors hired by the City to cause the correction and abatement. These correction and abatement costs shall be a debt of the owner, business, corporation, individual or other responsible party owed to the City. The City shall compute and bill the responsible party for such correction and abatement costs and expenses, with payment due within thirty (30) days following the mailing of the bill, unless an appeal is filed as provided in Section

4.08.140 A. Upon failure to pay the correction and abatement costs and expenses when due, the responsible person shall be liable, in a civil action brought by the City, for such correction and abatement costs and expenses, and costs of the litigation, including reasonable attorneys’ fees.
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Section 104.13 is hereby added to read as follows:

Section 104.13. Fire prevention resource sharing. Other enforcement agencies shall have authority to render necessary assistance to the City in plan review, inspection, code interpretation, enforcement and other fire prevention services when authorized and as delegated by the Fire Chief, by written agreement Section 105.2.5 is hereby added to read as follows
105.2.5 Operational permit applications. Application for operational permits (i.e: Assembly, Pyrotechnic, Tents, etc.) shall be submitted at least ten (10) business days prior to the scheduled event date. Applications submitted less than ten (10) business days prior to the event date may be charged one and onehalf (1½) times the regular permit rate.

Section 105.7.26 is hereby added to read as follows:
105.7.26 Vegetation Management Fire Protection Plan. A construction permit is required to implement a vegetation management fire protection plan for a new structure located in the Wildland-Urban Interface as designated in San Rafael Municipal Code Section 4.12.010. The vegetation management fire protection plan shall comply with Chapter 49 of this code and the Vegetation Management Standards in San Rafael Municipal Code Section 4.12.030.

Section 107.2 is hereby amended to read as follows:
107.2 Master fee schedule. The fees for permits and other services shall be as established in the Master Fee Schedule Resolution of the City Council as adopted from time to time. The fee shall be set to cover the cost to review the application, issue a permit, and inspect the intended construction, activities, operations, use, or functions. The fees must be paid to the City prior to engaging in the construction, activities, operations, use or functions.

Exception: The applicant for a given permit shall be exempt from payment when the event is sponsored by the City, or work to be conducted is located on properties owned by the City, or as otherwise determined by the Fire Chief.

Where it is determined during inspections that the construction, activity, or use repeatedly fails to comply with the requirements of the Fire Code, and additional inspections or re-inspections are required to verify compliance, the Fire Chief may require those additional inspections be billed at the fully burdened hourly rate as published by the City’s Finance Director.
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Section 107.4 is hereby amended to read as follows:
107.4 Work commencing before permit issuance. Any person who commences any work, activity, operation or use regulated by this code before obtaining the necessary permits may be subject to an additional investigation fee as determined by the Fire Chief; the investigation fee shall be two (2) times the normal permit fee, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution.

Section 107.7 is hereby added to read as follows
107.7 After hours inspection fees. An after-hours inspection is an inspection conducted outside of normal work hours; 8:30 AM – 5:00 PM, Monday – Friday. Where an afterhours inspection is performed before or following normal work hours that inspection may be charged by the hour. Where an inspector is called back to duty to perform an afterhours inspection, that inspection may be charged at four (4) hours minimum, then by the hour for any additional hours required over four (4). The afterhours inspection fee shall be charged at a rate of one and one-half (1½) times the fully burdened hourly rate as published by the City’s Finance director.

Section 112.4 is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this Chapter and the Fire Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direction of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be subject to the enforcement and penalties set forth in Section 4.08.130. Each day that a violation continues shall be deemed a separate offense.

Section 113.4 is hereby amended to read as follows:
113.4 Failure to comply. Any person who shall continue to work after having been served with a stop work order, or any person who shall continue an activity or a use after having been served with a cease and desist order, shall be guilty of misdemeanors/infractions and are subject to the penalties set forth in Section 4.08.130.

Section 202 is hereby amended by adding the definition of “Coverings” as follows:
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COVERINGS. As applied to the definition of Substantial Remodel only, coverings shall mean materials including, but not limited, to gypsum board, lath and plaster, paneling (including wood paneling), floor boards, brick and mortar, or other materials attached to rough framing of the building elements. Coverings do not include finishes, such as carpet, tile, paint or wall paper.

Section 202 definition of “False Alarm” is hereby amended to read as follows:

FALSE ALARM. False alarm shall mean an alarm signal, willful, knowing or otherwise, initiating a response by the Fire Department where an emergency situation did not or does not exist.

Section 202 is hereby amended by adding the definition of “Fire Prevention Standards” as follows:

FIRE PREVENTION STANDARDS. Fire prevention standards shall mean those supplemental rules and regulations that have been approved by the Fire chief to provide additional guidance and interpretation of this code.

Section 202 is hereby amended by adding the definition of “Fire Road” as follows:

FIRE ROAD. Fire road shall mean any improved or unimproved road, public or private, that provides access for firefighting equipment and personnel to undeveloped areas.

Section 202 is hereby amended by changing the first sentence of the definition of “Fireworks” to read as follows:

FIREWORKS. Fireworks shall mean any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, or detonation, and any “safe and sane” fireworks as defined by section 12529 of the State of California Health and Safety Code, and including

1.4G fireworks and 1.3G fireworks as set forth hereafter. [Remainder is unchanged]
Section 202 is hereby amended by adding the definition of “Pre-plans” as follows:

PRE-PLANS. Pre-plans shall mean detailed plans of buildings and premises where there may be special challenges for emergency operations. These pre-plans include information on the building's location, occupancy, hazards, fire department -12-
connections and hydrants, access, building layout, and other pertinent data that would assist the fire department in case of an emergency.

Section 202 is hereby amended by adding the definition of “Public Storage Facility” as follows:

PUBLIC STORAGE FACILITY. A public storage facility shall mean any business that sells, leases or rents space to the public, whether it is a building, storage container or similar configuration.

Section 202 is hereby amended by adding the definition of “Substantial Remodel” 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.

Section 202 is hereby amended by adding the definition of “Temporary” as follows:

TEMPORARY. Temporary shall mean any occupancy, activity, or use for a period of less than one hundred eighty (180) days.

Section 304.1.2 is hereby amended to read as follows:
304.1.2 Vegetation. At the direction of the Fire Chief to reduce the fire hazard, weeds, grass, vines, brush, trees, or other growth that is capable of being ignited and endangering public or private property, a fire apparatus access road, a public thoroughfare, or a railroad, shall be cut and mulched or removed by the owner or occupant of the premises or by the responsible public agency in accordance with 304.1.2.1 and 304.1.2.2.
304.1.2.1 Vegetation clearance. Vegetation located within ten (10) feet of the outlet of a chimney or stove pipe shall be cut and mulched or removed.

Vegetation located within one hundred (100) feet of a building shall be cut and mulched or removed. Vegetation located within ten (10) feet of a fire apparatus -13-
access road, a public thoroughfare, or a railroad shall be cut and mulched or removed. The minimum clearances specified above may be increased by the Fire Chief where there may be special challenges for emergency operations. 304.1.2.2 Wildland-Urban Interface areas. Vegetation clearance requirements in Wildland-Urban Interface areas shall be in accordance with Chapter 49 of this code and San Rafael Municipal Code Chapter 4.12.

Section 307.4.2 is hereby amended to read as follows:
307.4.2 Recreational Fires. Recreational fires within the jurisdiction limits of the City are subject to Sections 307.4.2.1 through 307.4.2.4. 307.4.2.1 City property. Recreational fires are prohibited on City owned property.

Exception: Where an operational permit is issued in accordance with Section 105.5.34.
307.4.2.2 Wildland-Urban interface properties. Recreational fires are prohibited in Wildland-Urban Interface areas as designated in San Rafael Municipal Code Section 4.12.010.

Exception: Where an operational permit is issued in accordance with Section 105.5.34.
307.4.2.3 Other properties. For all properties other than those identified in Section 307.4.2.1 and 307.4.2.2 above, recreational fires shall be conducted in compliance with all of the following:
307.4.2.3.1. Recreational fires shall be conducted in accordance with applicable Fire Prevention Standards;
307.4.2.3.2. Recreational fires shall not be conducted within 25 feet of a structure or combustible materials;
307.4.2.3.3. Conditions which could cause a fire to be spread within 25 feet of a structure shall be eliminated prior to ignition; 307.4.2.3.4. Recreational fires shall be conducted under the constant supervision and control of the Owner or tenant of the property;
307.4.2.3.5. A charged portable fire extinguisher with a minimum capacity of 4-A, or a charged garden hose, shall be available for use at the location of the recreational fire.
307.4.2.3.6. Upon completion of use, the Owner or tenant of the property shall ensure the recreational fire is completely extinguished prior to leaving the recreational fire unattended.
307.4.2.4 Fire Department Response. Where the Fire Department responds to the location of a recreational fire, the Fire Department Officer in charge of the response is authorized to extinguish the fire for noncompliance with Section 307.4.2, any operational permit that has been issued, or the applicable Fire Prevention Standards, or where the recreational fire is a fire hazard.
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Section 307.4.3 is hereby modified by deleting the exception.

Section 308.1.2 is hereby amended to add the following concluding sentence:

Smoking is prohibited within all Parks as defined in San Rafael Municipal Code Section 8.10.015 and Open Space areas as defined in San Rafael Municipal Code Section 19.10.020, located within jurisdiction limits.

Section 324 is hereby added as follows:

Section 324 Fireworks
324.1 Fireworks prohibited. Except where an operational permit is issued in accordance with Section 105.5.16 or Section 105.5.42 of the Fire Code, the manufacture, storage, sale, possession, handling, or use of any fireworks as defined in Section 202, is prohibited within jurisdiction limits. 324.2 Seizure. The Fire Chief shall seize, remove or cause to be removed, at the expense of the owner or person in possession, all stocks of fireworks offered or exposed for sale, stored, used or held in violation of this code.

Section 407.8 is hereby added as follows:
407.8 Pre-plans. Pre-plans shall be developed for buildings and premises where there may be special challenges for emergency operations, as determined by the Fire Chief.

Section 503.1.2 is hereby amended by adding the following concluding sentence:

The Fire Chief is authorized to require additional fire apparatus access roads for all newly constructed vehicle parking areas and for all new or altered structures, facilities, uses, or hazards.

Section 503.1.4 is hereby added as follows:
503.1.4 Fire roads. Fire roads shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the City so as to gain access to improved, unimproved, and undeveloped areas in a manner approved by the Fire Chief. Any vehicle or other obstruction to Fire Department access may be towed away or removed at the owner's expense.
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Section 503.2.3 is hereby amended to read as follows:
503.2.3 Surface. Except for fire roads, fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with asphalt or concrete so as to provide all-weather driving capabilities.

Section 503.2.6.1 is hereby added as follows:
503.2.6.1 Load testing. Bridges, piers and wharfs used for fire apparatus access shall be load tested to the original designed capacity when required by the Fire Chief.

Section 503.4 is hereby amended by adding the following concluding sentence:

Any vehicle or other obstruction may be towed away or removed at the owner's expense.

Section 503.4.2 is hereby added as follows:
503.4.2 Prohibition on vehicular parking on private access ways. If, in the judgment of the Fire Chief, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fire Chief may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire Department. From the effective date of the order, it shall be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain in good condition, the form of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle.

Section 505.1 is hereby amended to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. These -16-
numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction or substantial remodels. Number sizes shall be as follows: Minimum of one-half-inch (1/2″) stroke by four inches (4″) high for residential applications, minimum one-half-inch (1/2″) stroke by six inches (6″) high for commercial applications. Larger sizes may be required by the Fire Chief based on distance from the street or road fronting the property. All buildings abutting on any public or private street, avenue, drive, road, place or lane within the City shall be given and marked with an official address number. Where access is by means of a private way, a monument, or other sign may be required by the Fire Chief to identify the building. The Chief Building Official shall decide the proper number to be assigned to any building. Where required by the Fire Chief, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be maintained.
505.1.1 Multi-tenant buildings. Numbers or letters shall designate all separate occupancies within new or existing multi-tenant buildings. Size shall be minimum one-quarter-inch (1/4″) stroke by two inches (2″) high and on a contrasting background for tenant spaces accessed from an interior corridor, and as indicated in Section 505.1 for spaces with exterior access doors. In multi-story or larger buildings, directional address numbers or letters shall be provided at a central location. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5′ - 6″) above the finished floor and shall be either internally or externally illuminated in all new construction or substantial remodels. 505.1.2 Rear addressing. Where required by the Fire Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with Section 505.1.

Section 506.1 is hereby amended by adding the following concluding sentences:
506.1. Key Boxes. Except for single family dwellings, all buildings which have installed therein an automatic fire alarm system, automatic fire sprinkler system or a security gate, shall have an approved key box system installed. All facilities that are required to have Hazardous Materials Business Plans shall have an approved key box system installed. All electronic operated vehicular gates, including gates serving single family dwellings, shall have an approved key switch override system mounted on a stanchion or wall as approved by the Fire Chief.

Section 507.5.1.2 is hereby added as follows:
507.5.1.2 Fire hydrant upgrades. When additions or alterations to -17-
structures are made, the nearest existing fire hydrant shall be upgraded to the minimum standard of a Clow model 950, wet barrel type hydrant with one (1) four and one-half inch (4½”) outlet and one (1) two and one-half inch (2½”) outlet for single family dwellings, or for all other applications or structures to a Clow model 960, wet barrel type hydrant with one (1) four and one-half inch (4½”) outlet and two (2) two and one-half inch (2½”) outlets.

Exceptions 1: If the cost of upgrading the fire hydrant exceeds two percent (2%) of the cost of the project, based on the Building Permit valuation.

Exception 2: This section does not apply where an automatic fire sprinkler system is installed throughout the building.

Section 903.2 is hereby amended to read as follows:
903.2 Where Required; All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following:

1. Every newly constructed, building or facility.

Exception: Freestanding structures not more than one thousand (1,000) square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code.

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

3. All other existing buildings, where required by the Fire Chief in accordance with the following:
i. All buildings where improvements occur during any three (3) year period which meet the definition of a substantial remodel.
ii. All buildings in excess of three thousand (3,000) square feet which have more than ten (10) percent floor area added within any three (3) year period. iii. 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 fifty (50) percent of the square footage of the existing building. iv. Where fire sprinklers are required by the provisions above, they shall be extended throughout the building.

4. All public storage facilities.

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

The requirements for fire sprinklers 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 the Building Code or Residential Code.

Sections 903.2.1 through 903.2.17 and 903.2.19 through 903.2.21 remain the same.

Section 903.2.18 is hereby modified by deleting the exception.

Section 907.2.11.2.3 is hereby amended to add the following concluding sentence:
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Replacement of existing smoke alarms which are hardwired and/or interconnected shall be made with an alarm of the same functionality.

Section 907.8.5 is hereby added as follows:
907.8.5 False and nuisance fire alarm – public nuisance. A protected premises fire alarm shall constitute a public nuisance if it actuates three (3) or more false or nuisance alarms within any calendar year. This section shall be effective thirty (30) days after fire alarm system installation is operational. 907.8.5.1 False alarm response fee. Where a protected premises fire alarm constitutes a public nuisance as specified in Section 907.8.5, the owner or lessee shall be responsible for the City’s false and nuisance alarm response fees as specified in the Master Fee Schedule Resolution adopted by the City Council.

Section 1015.2 is hereby amended by adding the following sentence to the end of the paragraph before the Exceptions:

Guards are also required at waterfront bulkheads, fixed piers and gangways.

Sections 1015.8.2 and 1015.8.3 are hereby added 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 moveable, placed within thirty-six inches (36″) of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement.

Section 1030.3.2 is added as follows:
1030.3.2 Group I-2 Hospital Obstructions. In Group I-2 Hospitals, the required clear width for aisles, corridors and ramps that are part of the required means of egress shall comply with Section 1018.2. The facility shall have a plan to maintain the required clear width during emergency situations.

Exception: In areas required for bed movement, equipment shall be permitted in the required width where all the following provisions are met:

1. The equipment is low hazard and wheeled.

2. The equipment does not reduce the effective clear width for the means of egress to less than 5 feet (1525 mm).
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3. The equipment is limited to:

3.1 Equipment and carts in use;

3.2 Medical emergency equipment;

3.3 Infection control carts; and

3.4 Patient lift and transportation equipment.

4. Medical emergency equipment and patient lift and transportation equipment, when not in use, is required to be located on one side of the corridor.

5. The equipment is limited in number to a maximum of one per patient sleeping room or patient care room within each smoke compartment.

Section 1103.8.1 is hereby amended by adding the following subsections, following the Exceptions:

A. On or after January 1, 1986, every single-family dwelling and factorybuilt housing, as defined in Health and Safety Code Section 19971, which is sold shall have operable smoke alarms installed. The smoke alarms shall be approved and listed by the State Fire Marshal and installed in accordance with section 907.2.11.2. Battery operated smoke alarms shall be deemed to satisfy the requirements of this section.

B. On or after January 1, 1993, every apartment building shall have installed a hardwired smoke alarm with battery back-up located within every dwelling unit. This smoke alarm shall be located outside of sleeping rooms and the primary power shall be from the building wiring, with no intervening switches other than the circuit breaker. The smoke alarm shall be approved and listed by the State Fire Marshal.

Section 1104.5.2 is hereby added as follows:
1104.5.2 Change of ownership. Buildings, portions of buildings, or occupancies shall meet the requirements of Section 1104.5 upon a change of ownership.

Section 5704.3.3.11 is hereby added as follows:
5704.3.3.11 Storage of flammable and combustible liquids and other hazardous materials. The storage of flammable or combustible liquids or other hazardous materials in public storage facilities is prohibited. Such facilities shall post legible and durable signs to indicate same in a manner and locations as specified by the Fire Chief. This section shall apply to new and existing public storage facilities.

Exception: Only those quantities of flammable and combustible liquids necessary for normal maintenance of the facility.
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Appendix D103.5, Subsection 1 is hereby amended to read as follows:

D103.5, Subsection 1 Gate Opening Width. Except for a single one- or two-family dwelling, the minimum unobstructed gate width shall be twenty (20) feet.

For a single one- or two-family dwelling, the minimum unobstructed gate width shall be sixteen (16) feet, except where a narrower width is approved by the Fire Chief for exceptional circumstances.

4.08.130 Enforcement and penalties.

A. In addition to the enforcement powers and remedies provided in the Fire Code, the Fire Chief shall have the power to enforce the provisions of this code as provided in Chapters 1.40, 1.42, 1.44, and 1.46 .

B. Violations of the Fire Code as adopted in this code are misdemeanors/infractions and are subject to the penalties set forth in Section

1.42.010 of the San Rafael Municipal Code.

C. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions.

D. Nothing contained in Subsections A through C of this Section shall be construed or interpreted to prevent the City from recovering all costs associated with a Fire Department response as described in Section 104.12 of the Fire Code.

E. Any violation of any provision of this code shall constitute a public nuisance, and shall entitle the City to collect the costs of abatement and related administrative costs, by a code enforcement assessment lien and special assessment pursuant to Section 1.46.160 of the San Rafael Municipal Code, or by a nuisance abatement lien and special assessment pursuant to Government Code Sections 38773.1 and 38773.5. Prior to recordation of such a lien or processing such a request for special assessment, the City shall give written notice to the record owner of the affected property. In addition, the City shall be entitled to collect such abatement costs and related administrative costs, together with litigation costs and attorneys’ fees, in a civil action pursuant in Section 1.42.020 of the San Rafael Municipal Code.

4.08.140 Appeals.

A. Any person receiving a bill for Fire Department response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the bill, an administrative appeal against imposition -21-
of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days' advance written notice of the time and place of the hearing. Within ten (10) days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the Hearing Officer.

B. Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the City Council within ten (10) days from the date of the decision. The provisions of this section shall not apply to corrective actions for the clearance of vegetation as specified in Sections 304.1 through 304.1.2.2 of the Fire Code, or to matters for which an appeal is provided pursuant to subsection 4.08.140(A) above.

DIVISION 2.

California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions.

Therefore, the San Rafael City Council hereby finds that these changes or modifications to the Fire Code as adopted in Title 4 of the San Rafael Municipal Code are reasonably necessary because of the following local climatic, geological and topographical conditions:

I. Climatic conditions
a. Precipitation. Most of the annual rainfall in San Rafael occurs during the winter; it receives no measurable precipitation between May and October. During this time, temperatures average between 70 and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by high off-shore winds, or hot, dry, inland winds.
b. Relative Humidity. Humidity generally ranges from 50% during daytime to 86% at night. It drops to 20% during the summer months and occasionally drops lower typically at the most extreme periods of the wildland fire season. c. Temperatures. Temperatures have been recorded as high as 108 degrees F.

Average summer highs are in the 75 degree to 90 degree range. -22-
d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 – 15 mph range, gusting to 30 mph, particularly during the summer months.

Extreme winds, up to 50 mph, have been known to occur.

II. Geological conditions
a. San Rafael lies near several earthquake faults, including the very active San Andreas Fault; there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance. b. 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.

III. Topographical conditions
a. Much of San Rafael is located in hilly areas, and many of the residential areas are heavily landscaped, and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and canyons results in narrow and winding roads, and limited water supply.
b. The major arterial route between San Francisco and Marin and Sonoma county areas, Highway 101, bisects the City of San Rafael; should that highway become impassable, alternative routes via surface streets in San Rafael may cause heavy traffic congestion, limiting emergency access or delaying response.

More specifically, the above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification, as follows:

Section Number Climatic, geological and topographical condition

1.11.2.1 Ia, IIa, IIIa, IIIb
102.5 Ia, Ib,Ic, Id, IIa, IIIa, IIIb
103.1 Ia,Ib, Ic, Id, IIa, IIb, IIIa, IIIb
104.12 Ia, Ib, IIa, IIb, IIIa, IIIb
104.13 Ia, IIb, IIc, IId, IIa, IIb, IIIa, IIIb
105.2.5 Id, IIa
105.7.26 Ia, Ib, Ic, Id,IIa, IIb, IIIa, IIIb
107.7 Ia, IIa, IIIa
112.4 Ia, Ib, IIa, IIb, IIIa, IIIb
113.4 Ia, IIa, IIIa
-23-
202 Ia, Ib, IIa, IIb, IIIa, IIIb
304.1.2 Ia,Ic, Id, IIa, IIIa, IIIb
307.4.2 Ia, Ib, Ic, Id, IIa, IIIa, IIIb
307.4.3 Ia, IIa, Ic, Id, IIb, IIIa, IIIb
308.1.2 Ia,Ib, Ic, Id, IIIa, IIIb
324 Ia,Ib, Ic, Id, IIa, IIIa, IIIb
407.8 Ic, Id, IIa, IIb, IIIa, IIIb
503.1.2 Ia, Ib, IIa, IIb, IIIa, IIIb
503.1.4 Ia, Ib, IIa, IIIa
503.2.3 Ia, Ib, IIa, IIb, IIIa, IIIb
503.2.6.1 Ia, IIa, IIb, IIIa
503.4 Ia, 1b, Ic, Id, IIa,IIIa
503.4.2 Ia, Ib, IIa, IIb, IIIa, IIIb
505.1 Ia,Ib, Ic, Id, IIa, IIIa, IIIb
506.1 Ia, IIa, Ic, Id, IIb, IIIa
507.5.1.2 Ia, IIIa, IIIb
903.2 Ia, IIa, IIIa,IIIb
907.8.5 Ia, Ib, IIa, IIb, IIIa, IIIb
1015.2 Ia, Ib, Ic, Id, IIa
1015.8.2 IIa, IIb, IIIa, IIIb
1015.8.3 IIa, IIb, IIIa, IIIb
1030.3.2 Ia, Ib, Ic, Id, IIa, IIb, IIIa, IIIb
1103.8.1 Ia, IIa, IIIa
1104.5.2 Ia, IIa, IIIa
5704.3.3.11 Ia, IIa, IIIb
Appendix D103.5 Ia, Ib, Ic, Id, IIa, IIIa, IIIb
DIVISION 3.

All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance codified in this chapter or the Codes hereby adopted are hereby repealed.

DIVISION 4.

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.
-24-
DIVISION 5.

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 in full force and effect on January 1, 2023. 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 same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, 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 and against the Ordinance.

DIVISION 6.

The City Council finds that adoption of 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.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of October 2022, and was passed and adopted at a regular meeting of the San Rafael City Council on the 7th day of November 2022 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.g
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library and Recreation
Prepared by: Craig Veramay, Assistant Library
and Recreation Director
City Manager Approval: ______________
TOPIC: SPONSORSHIP OF MINOR PARK AMENITIES POLICY
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING

THE SPONSORSHIP OF MINOR PARK AMENITIES POLICY, AND RESCINDING RESOLUTION 8923 DONATION OF PARK TREES AND BENCH GUIDELINES RECOMMENDATION:

Adopt a resolution adopting the Sponsorship of Minor Park Amenities Policy and rescinding resolution 8923 Donation of Park Trees and Bench Guidelines.

BACKGROUND:

The Library and Recreation Department and the Department of Public Works collaboratively manage a wide array of minor park amenities such as park benches, picnic tables, drinking fountains, trees, commemorative plaques and markers, and bike racks. The City routinely receives requests from community members to make donations towards the purchase and installation of park amenities. Community members typically want to install a plaque on the amenity to commemorate an individual, group, or event that has special meaning to them.

Historically, the City has accepted donations for park benches and trees, and there are commemorative park benches located throughout the park system. The City’s existing policy that pertains to the donation of park amenities, the Donation of Park Trees and Bench Guidelines (Attachment 3), was adopted in 1993 and no longer accurately reflects the current needs of the City to effectively manage these types of requests. The policy includes outdated expenses and sponsorship amounts and doesn’t accurately reflect the administrative process that would be required for amenity sponsorship.

In recent months, multiple community members have expressed a desire to sponsor minor park amenities and to make a donation to the City for the purpose. These community members want to commemorate individuals or groups, and most have indicated they would specifically like to sponsor the installation or replacement of park benches that include a commemorative plaque.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Additionally, the initial information the City has received as part of the Citywide Park and Recreation Master Plan process indicates that some existing minor park amenities throughout the park system are approaching the end of their service life. The City is in the process of inventorying and better understanding the current condition of these amenities. A sponsorship program may assist the City with supplemental funds to replace those end-of-life amenities.

The City desires to develop a robust sponsorship program that will provide community members an opportunity to commemorate individuals or groups in a meaningful way, while contributing valuable park amenities to the City that can be effectively maintained and managed. City staff recommend adoption of a new ‘Sponsorship of Minor Park Amenities’ policy (Exhibit 1 to the proposed Resolution). If adopted, staff will finalize and implement a minor park amenity sponsorship program and application (Attachment 2) to administer the sponsorship process.

ANALYSIS:

The Department of Public Works and the Library and Recreation Department have limited funds available to replace minor park amenities. This policy would provide these Departments with an additional vehicle to receive funding to improve the amenities throughout our parks system and would help offset the operating expenses associated with maintaining our parks.

The goals of this new policy will be to:
• Rescind the existing policy and replace it with a new policy that more accurately reflects current City needs.
• Clearly define a framework for public sponsorship of minor park amenities. • Encourage the community to donate towards sponsorship of amenities that will improve the experience of park users in San Rafael.
• Develop opportunities to fund replacement or repair of aging minor park amenity infrastructure system wide.

While there is an interest in accepting a variety of sponsorship donations in the future, staff recommend that the program first focus on replacing existing park benches and picnic tables.

Through the Citywide Park and Recreation Master Plan process, the replacement of benches and picnic table is emerging as a high priority need throughout the system. As the program is further developed and the City builds capacity, other amenities, such as trees, drinking fountains and bike racks, will be considered, and added as sponsorship options. These other amenities have additional planning components that will be more challenging for staff to develop accurate expenses and sponsorship program parameters and will require additional planning time.

Staff are also recommending allowing a limited number of plaques to be purchased for existing amenities, specifically for low-income residents for whom the cost of a bench or picnic table would be prohibitive. This is a pilot program and, depending on how many of these requests the City receives, staff would work with the Park and Recreation Commission to determine the appropriate number and placement of these plaques.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Other regional agencies maintain sponsorship or donation policies for minor park amenities, and staff consulted several other agencies and reviewed their policy documents while drafting this policy, including Mill Valley, Novato, Petaluma, and Marin County.

If the proposed policy is adopted, staff will finalize and implement an associated sponsorship of minor park amenity program guidelines and application process. A draft application is attached for reference (Attachment 2). This would be a flexible program document that would be updated as program needs dictate to reflect priority amenities, expenses, and procedures.

COMMUNITY OUTREACH:

Staff have received several recent inquiries from community members wishing to sponsor park benches or picnic tables. In response to these inquiries, staff developed a draft policy and application, and presented the draft at the September 15, 2022, Park and Recreation Commission Meeting for review. The Park and Recreation Commission recommended the policy to City Council for approval.

FISCAL IMPACT:

There is no direct fiscal impact associated with adopting this policy. If approved, any sponsorship donations received would offset the direct and staffing expenses associated with implementation of the program. Staff estimate the City may receive between 5-10 sponsorship applications annually.

OPTIONS:

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

1. Adopt the sponsorship of minor park amenity policy and rescind resolution 8923 ‘Donation of Park Trees and Benches’.

2. Adopt the sponsorship of minor park amenity policy with modifications and rescind resolution 8923 ‘Donation of Park Trees and Benches’.

3. Direct staff to return with more information at a later date.

4. Take no action.

RECOMMENDED ACTION:

Adopt a resolution adopting the Sponsorship of Minor Park Amenities Policy and rescinding resolution 8923 Donation of Park Trees and Benches’.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Sponsorship of Minor Park Amenities Policy

2. Draft Sponsorship of Minor Park Amenities Application

3. Donation of Park Trees and Bench Guidelines, CC Resolution 8923 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE

SPONSORSHIP OF MINOR PARK AMENITIES POLICY, AND RESCINDING RESOLUTION 8923 DONATION OF PARK TREES AND BENCH GUIDELINES WHEREAS, the City of San Rafael Library and Recreation Department and the Department of Public Works collaboratively manage a wide array of minor park amenities such as park benches, picnic tables, drinking fountains, trees, commemorative plaques and markers, and bike racks; and
WHEREAS, the City adopted resolution #8923 ‘Donation of Park Trees and Bench Guidelines’ in May 1993; and
WHEREAS, the 1993 policy no longer accurately reflects the needs of the park system, the City, nor the community; and
WHEREAS, the City of San Rafael routinely receives request from community members to sponsor minor park amenities; and
WHEREAS, the City wishes to develop a robust minor park amenity sponsorship program to encourage the community to donate toward sponsorship of amenities that will improve the experience of park users in San Rafael; and
WHEREAS, this new policy will clearly define a framework for public sponsorship of minor park amenities, and develop opportunities to fund replacement or repair of aging minor park amenity infrastructure system wide; and
NOW, THEREFORE BE IT RESOLVED, that the City Council adopts the Sponsorship of Minor Park Amenities Policy, attached hereto as Exhibit 1 to this resolution; and BE IT FURTHER RESOLVED that the City Council repeals Resolution #8923 Donation of Park Trees and Bench Guidelines.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk
Sponsorship of Minor Park Amenities Policy 1
Sponsorship of Minor Park Amenities Policy
Purpose
The purpose of this policy is to establish guidelines, standards, and procedures for the acceptance of donations to fund the installation and care of minor park amenities in City of San Rafael Parks and Open Space.

The City desires to encourage sponsorship while at the same time manage aesthetic impacts and mitigate ongoing maintenance cost. The development of public facilities is expected to be the result of careful planning and quality construction, and public facilities are expected to be maintained to a standard acceptable to the community.

Guidelines established by this policy will apply to all donations made after the effective date of this policy. Donations made prior to the adoption of this policy shall be subject to applicable sections of this policy. Standards established by this policy will apply to purchased equipment, installation techniques, donation acknowledgements, decoration, and long-term care of all donations made after the adoption of this policy.

This policy does not apply to the naming of places on City Parks or Open Spaces, and does not apply to the placement of public art. Those categories are covered under separate policies.

A. Program Administration
The Minor Park Amenity Sponsorship program will be administered by the Library and Recreation Department in coordination with the Department of Public Works. The City will develop an application form that establishes an annual application and installation schedule, outlines the amenities and locations where the City is currently accepting donations, and provides specifics on approved amenities and plaques. Donations will be accepted on an annual schedule and donors must complete an application and release form.

B. Amenity Selection, Contribution Amounts and Ownership The City will maintain and publish a list of standardized amenities that are available for sponsorship. This may include amenities such as park benches, picnic tables, bike parking racks, trees, or other amenities at the discretion of the City. The City will only accept donations for amenities that are determined to be a current priority.

Minor park-amenity gift contribution amounts will reflect the full cost for purchase, installation, routine maintenance, repair, and administrative costs.

Sponsorship of Minor Park Amenities Policy 2
Amenities will be purchased, installed, and maintained by City staff, contractors, or subcontractors. Amenities become property of the City of San Rafael once they are purchased.

C. Amenity Placement, Maintenance, and Repair
The minor park amenity program will predetermine locations where amenities require replacement or where placement is planned. Priority will be given to donations that help the City replace minor park amenities that have exceeded or are approaching the end of their useful life.

Placement will align with existing systemwide planning documents or park-specific plans. In the opinion of the City, a facility may be determined to be fully developed and the opportunity for donations would not be available.

Placement of minor park amenities on City property or within the City right of way is controlled by and limited to areas determined by the City. Amenities are to be part of the park landscape and the final decision rests with the Library and Recreation and Public Works Departments.

The City reserves the right to reset or remove an amenity if it becomes a hazard, liability, or it becomes inconsistent with park plans. The City will determine the level of maintenance required for the sponsored amenity based upon available budget funding and the type of care needed to reasonably maintain the amenity or until such time the City determines that it must be removed and/or relocated.

Installation, maintenance, and repair of sponsored park elements, including the sponsorship acknowledgement/commemorative plaques, will be completed by City staff or other qualified personnel. Work will be scheduled on an as-needed basis at the City’s sole discretion, so as not to unnecessarily interfere with routine park maintenance activities. Attempts to maintain, repair, paint, stain, or lacquer park amenities without express permission from the City is not allowed.

D. Commemorative Plaques
A standard plaque template and size will be used for all commemorative plaques installed on park amenities. The City will establish guidelines that provide simple language options commemorating a person, group, or events the sponsor wishes to commemorate.

Commemorative Plaques cannot include language or messages that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability; any content considered obscene or indecent by community standards will be denied. Donors wishing to remain anonymous may choose to install a small Friend of San Rafael Parks plaque that does not identify an individual (i.e. “Donated by a Friend of San Rafael Parks”).

The City will attempt to restore to good appearance any commemorative plaque that has been damaged, however, some plaques may be damaged beyond repair and require removal. The City cannot use City funds to purchase a replacement of plaques that are damaged or stolen.

Commemorative plaques are merely symbolic of sponsorship; they do not provide the donor ownership of the bench.

Sponsorship of Minor Park Amenities Policy 3
E. Term
The sponsorship term for most minor park amenities is ten (10) years or the end of the useful life of the amenity, whichever comes first. The City has an interest in ensuring that ongoing maintenance costs do not negatively impact the resources or staff time available for maintenance of other City park facilities.

At the end of the sponsorship term, the commemorative plaque will be removed when the amenity is replaced. Donors may request to renew their sponsorship of an amenity by contacting the City’s Library and Recreation Department. If the donor chooses not to renew their sponsorship, the City will attempt to return the plaque to the donor.

Once a sponsorship and acknowledgement has been implemented, the City cannot guarantee notification of donors in the future if the amenity must be modified, relocated, or removed. This notification policy applies to both existing and new sponsorships.

F. Low Income San Rafael Residents
A limited number of existing park benches will be available to low-income San Rafael residents for the purpose of commemorating an individual honoree by installing a new commemorative plaque on the existing amenity. In this instance, the donor would only need to purchase the plaque. San Rafael residents may apply by completing and submitting an application, providing documentation of residency, and providing proof of low-income status in alignment with existing City of San Rafael recreation scholarship guidelines.

Sponsorship of Minor Park Amenities Program Information The City manages a minor park amenity sponsorship program allowing community members to make donations toward the purchase and long term care of a variety of minor park amenities such as park benches, picnic tables, bike parking racks, trees, or other amenities at the discretion of the City. The City will only accept donations for amenities that are determined to be a current priority.

For Calendar Year 2023, the City will consider sponsorship of Park Benches or Picnic Tables. In future years, sponsorship of other minor park amenities may be possible. Minor park amenity sponsorship amounts will reflect the full cost for purchase, installation, routine maintenance, repair, and administrative costs. Amenities will be purchased, installed, and maintained by City staff, contractors, or subcontractors. Amenities become property of the City of San Rafael once they are purchased.

Through this program, the City desires to encourage sponsorship while at the same time manage aesthetic impacts and mitigate ongoing maintenance costs. The development of public facilities is expected to be the result of careful planning and quality construction, and public facilities are expected to be maintained to a standard acceptable to the community. The City has identified priority locations and a standard bench and picnic table style for donors to choose from.

Anyone wishing to commemorate an event or recognize a loved one may sponsor the purchase of a preapproved bench or picnic table. To make a commemorative bench or picnic table request, the Donor must complete an application form and submit it to the Library and Recreation Department. Staff will evaluate the request, including the desired park(s), and contact you about your choice of available locations.

Once the City has approved the location, applicants will need to pay the appropriate donation amount in order for the City to purchase the bench or picnic table. Applications are accepted from April through September every year, with the amenities installed the following winter.

Mail or E-Mail Application to:

San Rafael Library and Recreation Department
c/o:
618 B Street
San Rafael, CA 94901
Phone (415) 485-3077
E-Mail: [email protected]
Sponsorship of Minor Park Amenity Application
Sponsor Contact Information
Name: _____________________________________________________________________________ Address: ______________________________ City: ___________________ State: _____ Zip: ______ Phone #:___________________________ E-mail: __________________________________________ Name of Person/Event/Group being Commemorated: ______________________________________ Desired Amenity to be Sponsored
 Bench (options to be provided)
 Picnic Table (options to be provided)
Commemorative Plaque Language
Commemorative plaques on benches or picnic tables must adhere to language requirements and be approved by the City prior to installation. In accordance with the Minor Park Amenity Sponsorship Policy, the City reserves the right to reject commemorative plaque language deemed inappropriate.

Commemorative plaques should acknowledge an individual, group, or event, not commercial or other advertisements. The plaque must use one of the following introductions:
o “Donated by A Friend of San Rafael Parks”
o “Dedicated to…”
o “Donated By…”
o “In commemoration of…”
o “In Honor of…”
o “Commemorating the ___th Anniversary of...”
o “In Recognition of…”
• Information on the plaque may include the following:
o Name
o Date – ex: 12/11/1981
Standard bronze commemorative plaques are 10.5” x 3”. All text will be centered top to bottom and left to right, in all upper-case letters. The plaque can accommodate no more than four (4) lines of copy with 28 characters, including spaces.

Please fill in requested Commemorative Plaque Language here:

Line 1: INTRODUCTION… Line 2: _________________________________________ Line 3: ____________________________ Line 4: ________________________________________ Park Sites
We are currently accepting Commemorative Bench or Picnic Table sponsorship applications at the park locations below. Please choose the top three (3) park locations that you would be interested in sponsoring your chosen amenity:
• Albert Park
• Arbor Park
• Beach Park
• Bernard Hoffman Field
• Boyd Park
• Bret Harte Park
• Freitas Memorial Park
• Gerstle Park
• Hillview Park
• Jean & John Starkweather Shoreline
Park
• Jerry Russom Memorial Park
• Los Ranchitos Park
• Munson Park
• Oleander Park
• Oliver Hartzell Park
• Peacock Park
• Pickleweed Park
• Riviera Park
• Santa Margarita Park
• Sun Valley Park
• Terra Linda Park
• Victor Jones Park
Desired Location:

First Choice Park: _________________________
Second Choice Park: _________________________
Choice Park: __________________________
Please note: 1) All locations are subject to the approval of the Library and Recreation Department and Department of Public Works. 2) The City will not be responsible to replace bench or plaques if they are damaged or vandalized beyond reasonable repair. 3) Bench installation/location is based upon availability and City prioritization of need. You will be contacted by Departmentstaff regarding the approved location.

Once approved you will need to pay the appropriate fees priorto purchase and installation.

Acknowledgement
I am requesting the City of San Rafael to process this application to accept a donation towards the sponsorship of a minor park amenity to be placed in a City of San Rafael Park. I understand that the City of San Rafael reserves the right to remove the minor park amenity and/or the commemorative plaque at any time in accordance with the Minor Park Amenity Sponsorship Policy, and that the park site selected for placement must be approved by the Library and Recreation Department and the Department of Public Works.

Signature: _______________________________________________ Date: ____________________ For Office Use Only
Approved | Denied | Modified as Follows: ______________________________________________ Approved by: ___________________________________________ Date: ________________________ Library and Recreation Director or their designee
___________________________________________ Date: ________________________ Director of Public Works or their designee
Total fees required to complete process $ GL Code: ______________________  Paid ________________Date: __________________________________________________ Examples of Park Benches and Picnic Tables
Note – These costs and photos are shown for example purposes only, and City staff reserve the right to select other equipment. Actual equipment selections will depend upon availability, equipment costs, and suitability for desired park location.

TYPE OF AMENITY Estimated 2023
Cost*
Park Bench Style #1 – Wood Bench with Back $3,500
Park Bench Style #2 – Steel Bench with Back $2,300
Park Bench Style #3– Wood Bench with No Back $2,800
Park Bench Style #4– Steel Bench with No Back $2,700
Park Bench Style #5– Recycled Plastic Wood Bench with Back $3,300 Picnic Table #1 – Round Steel thermoplastic coated $2,300 Picnic Table #2: Rectangular steel and wood $1,600
Picnic Table #3: Square Recycled Plastic Wood, ADA $3,700 *Cost includes materials, labor, installation, maintenance for life of amenity, and administrative program fees.

Park Bench Style #1 – Dumor 56-80D Douglas Fir Wood Bench with Back Park Bench Style #2 – Steel powder coated finish Northgate Bench with Arched Back (8ft) Park Bench #3 – Dumor Bench 105, 6 or 8ft. No seat back Park Bench Style #4 – Metal Bench with No Back
Park Bench Style #5 – Recycled Plastic Wood Bench with Back Picnic Table Style #1 – Stainless Steel thermoplastic coated Picnic Table Style #2 – Stainless Steel and Wood
Picnic Table Style #3 – Recycled Plastic Wood Table with ADA Access and Center Post Mounting
Plaque example #1: 10.5” x 3”
Can accommodate up to 4 lines of text, and no more than 28 characters per line Resolution- 8 9 2 3
Establishing Guidelines for Donations
of Park Trees and Benches
WHEREAS, The San Rafael City Council desires to establish a gift policy to assure that proposed donations are appropriate to park planning, design and maintenance; and
WHEREAS, the Park and Recreation Commission recommends the following guidelines to provide for the administration, design, placement and maintenance of benches and trees in city parks and playgrounds throughout San Rafael,
Now, therefore, be it resolved that the City Council of the City of San Rafael adopts the following guidelines to establish a gift policy. 1) Consistency with existing policies, Master Plans and Park Department Goals
Bench gift acceptance and placement should be in accordance with adopted policy and land use plans for parks for which master plans have been prepared. Benches should be in keeping with general Park Department goals for specific parks, and should enhance the chosen location in a way meaningful to park visitors.
2) Duration of Gift
The name recognition for the memorial bench would last through the life of the bench. Routine maintenance and repair of vandalized parts will sustain the normal life cycle of the bench ( 10 years). Donors will have an opportunity to renew their contribution, at replacement cost, after the ten year period.
3) Contribution
A gift contribution for a bench should be a minimum of $2000. A gift contribution for a tree should be a minimum of $500 for a city standard 24" box size tree. The donation acknowledges the donor and covers the purchase, installation, routine maintenance and repair of the bench or tree and the administrative costs of the program.

A sponsor' s agreement will accompany each contribution specifying the conditions of the donation, including replacement costs should the bench or tree be severely damaged.

4. Administration
The Parks Department currently administers our memorial bench program. All requests will be coordinated and approved by the Parks Department and the Recreation Director.

5. Bench Design
The design criteria includes: compatibility with existing park furniture, durability and low maintenance. Benches are typically 8 feet long. The Memorial Bench Program will establish standard designs approved by the Park Division.

6. Plaque Design for Benches
A standard bronze plaque measuring 5 inches high by 8 inches long, with a plain, raised border and classic ( or Claredon) raised letters on a brown pebble background will be mounted on the bench seat back.

Guidelines for simple language suggestions for commemorative messages will be provided. Plaques are not sanctioned for trees. 0RIGINA1,* 89Z9

7. Bench/ Tree Location
Although we welcome suggestions for a particular location, the bench or tree is to be part of the park landscape and the final decision rests with the San Rafael Park and Recreation Commission and the Parks Department.

The program will predetermine the locations within parks where new benches or trees are planned or are appropriate, or where existing trees and benches need replacement. Donors will be consulted for preference on the location of their gift.

Patrons will be informed that their preferred location may need to change if the park plan is revised or if excessive vandalism occurs. The Park Department will reserve the right to reset or remove a tree/ bench if it becomes a hazard, liability or it becomes inconsistent to any revisions to park plans.

8. Bench/ Tree Maintenance
Bench and tree installation and maintenance will be supervised and performed by Park staff and charged to the Park Donation Fund.

The activity may be assisted by donors and volunteers.

I, JEANNE M. LEONCINI, Clerk of 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 held on the 17th day of Mav , 1993, by the following vote, to wit:

AYES:: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONC I
City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 4.h
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: ___________
File No.: 06.01.243 & 06.01.245
TOPIC: INCREASE CONSTRUCTION CONTINGENCY ON FIRE STATIONS 54 & 55

ESSENTIAL FACILITIES PROJECTS
SUBJECT: RESOLUTION AUTHORIZING ADDITIONAL CONSTRUCTION CONTINGENCY FUNDS FOR PHASE 2 ESSENTIAL FACILITIES PROJECTS - FIRE STATIONS 54 AND 55, IN AN AMOUNT NOT TO EXCEED $450,000, FOR A TOTAL CONSTRUCTION CONTINGENCY AMOUNT OF $1,330,900
RECOMMENDATION:

Adopt the resolution authorizing additional construction contingency funds due to unforeseen conditions for the City of San Rafael Essential Facilities Construction Project – Fire Stations 54 and 55, in the not to exceed amount of $450,000, for a total construction contingency amount of $1,330,900; and
BACKGROUND:

On November 5, 2013, the voters approved Measure E extending the existing one-half percent local sales tax and increasing the rate by one-quarter percent to provide funding to preserve essential city services. The City has since used those resources to plan, design, construct and manage two new stand-alone fire stations, 52 and 57, and a new Public Safety Center (PSC) that incorporates Fire Station 51. These three projects are collectively referred to as “Phase 1” of the City’s Essential Facilities Program. They have all been successfully completed, occupied and are operational. The Essential Facilities program also includes the design, construction, and management of Fire Stations 54 and 55, referred to as “Phase 2”.

Fire Stations 54 and 55 were designed and built in the mid-1960s and are now beyond their useful life.

Fire Station 54 is located at 46 Castro Avenue in the Canal neighborhood. It contains an apparatus bay composed of a steel-framed structure that houses one engine and the City’s ladder truck. The apparatus bay is salvageable but requires seismic upgrades. The living quarters consist of a single-story wood-framed structure which has become obsolete due to age and deterioration. The living quarters include a living area, kitchen, sleeping quarters, and a restroom. The living quarters do not meet current standards for seismic, the Americans with Disabilities Act (ADA), or flood protection, and do not provide separate sleeping and restroom SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
space for male and female firefighters. The living quarters will be demolished, and a new codecompliant structure will be constructed in its place.

Fire Station 55 is located at 955 Point San Pedro Road between Knight Drive and Peacock Drive. This station was also built in the 1960s and is mostly a wood-frame structure. The apparatus bay is a wood-frame structure supporting a steel girder roof system. The apparatus bay requires significant seismic improvements but is salvageable. The living quarters, kitchen and sleeping quarters are almost identical to Station 54, with the same issues, and are also beyond their useful life. Like Fire Station 54, the living quarters at Fire Station 55 will be demolished and a new code-compliant structure will be constructed in its place.

The Department of Public Works issued a request for bids for the renovation of the two fire stations in May of 2021. The City received two bids. The contractors who submitted bids were Build Group, Inc., and F&H Construction. The apparent low bidder, Build Group, Inc., withdrew its bid due to a clerical error. The only responsive bidder left was F&H Construction with a total bid amount of approximately $10.6M. The City decided to reject the bid and rebid the projects.

On September 1, 2021, the project was re-advertised in accordance with San Rafael’s Municipal Code. On September 30, 2021, bids were received. The lowest responsible bidder was Wickman Development and Construction with a total bid amount of $8,809,000.

This rebid process successfully realized a $1.7M in savings compared to the first bid results.

On October 18, 2021, the City Council adopted Resolution 14988 awarding and authorizing the City Manager to execute a construction agreement for the Fire Station 54 and 55 Project to Wickman Development and Construction in the amount of $8,809,000 and authorizing contingency funds in the amount of $880,900, for a total appropriated amount of $9,689,900.

On January 10, 2022, the City issued Notice to Proceed with Construction of the Essential Facilities Phase 2, Fire Station 54 and 55, to Wickman Development and Construction.

Construction of the project began shortly after the Notice to Proceed.

ANALYSIS:

The Fire Station 54 & 55 basis of design was to salvage and reuse the apparatus bays and rebuild the living quarters. Although this approach resulted in considerable savings, the construction team has also encountered a number of unforeseen conditions that are above and beyond industry standards, which has nearly exhausted the construction contingency funds.

For example, at Fire Station 54 the entire apparatus bay structure had an extraordinary level of settlement due to the unstable soil conditions. During demolition, the contractor discovered concrete slab and column settlement on the north side of the building of as much as eight inches. This amount of building settlement could only be overcome by demolishing, reinforcing, and replacing the apparatus bay concrete floor in full. In addition, structural beams members had to be added and a column to roof heavy gate metal had to be designed, fabricated, and installed.

At Fire Station 55, several instances exceeded expectations of unforeseen conditions typical of a project of this size. The construction team discovered an underground fuel storage tank that had to be removed. Rules and regulations associated with underground fuel storage tank removal are intricate and time consuming as various agencies, CUPA & BAAQMD, have to be involved and supervise the process from beginning to end. This process caused the project to expend additional resources to complete construction elements around the tank excavation until it was removed and fully closed.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Also, at Fire Station 55, the existing sanitary sewer piping under the building had been compromised beyond repair and couldn’t be reused as planned. Instead in had to be fully replaced.

The original budget for Phase 2 was in place before the onset of the pandemic. The disruptive nature of the pandemic, along with the Shelter-in Place Order that began in March of 2020, caused a worldwide break in supply chains, and in turn instigated a radical shift in market conditions which resulted in greatly increased building supply and construction costs.

Unfortunately, this trend of overinflated materials and labor costs has continued through the duration of construction of the two fire stations.

Extraordinary unforeseen conditions and rising materials and labor costs have caused a much faster use of contingency funds by the project team.

PUBLIC OUTREACH:

City staff from Community Development, Public Works, the Fire Department, and the City Manager’s Office have participated in extensive public outreach to neighbors and other interested parties regarding the two projects. Both projects were reviewed by the Design Review Board and the Planning Commission. The City Council conducted public meetings and ultimately approved these two Fire Station projects as part of Phase 2 of the Essential Facilities Strategic Plan. The public was also be contacted prior to demolition and noticed prior to the start of construction activities. For more information on public outreach, please see the Essential Facilities Public Input webpage.

During construction, City staff continues to communicate with homeowner associations, neighborhood leaders, and the general public to provide them with construction updates and any potential impacts to the community.

FISCAL IMPACT:

Staff recommends the City Council approve an additional project contingency amount of $450,000 to complete the construction of the Project, detailed in the below table.

Original Bid Total $ 8,809,000
10% Original Contingency $ 880,900
Contingency Increase $ 450,000
Total Construction Contingency
(approx. 15%)
$ 1,330,900
This will be appropriated from the Essential Facilities Capital Projects Fund #420 (Project numbers 11394 and 11395). This fund has been accumulating a portion of Measure E tax dollars for the purpose of these projects and has a sufficient balance set aside to support the total project budget amount.

OPTIONS:

1. Adopt the resolution as presented.

2. Do not adopt the resolution and provide direction to staff. If this option is chosen, construction will likely need to be delayed indefinitely until a new source of funds is identified.

ATTACHMENTS:

1. Resolution authorizing additional contingency funds for the Fire Station 54 and 55 Project in the amount of $450,000
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ADDITIONAL CONSTRUCTION CONTINGENCY FUNDS FOR PHASE 2 ESSENTIAL FACILITIES PROJECTS – FIRE STATIONS 54 AND 55, IN AN AMOUNT NOT TO EXCEED $450,000, FOR A TOTAL CONSTRUCTION CONTINGENCY AMOUNT OF $1,330,900 WHEREAS, on the 1ST day of September 2021, City staff solicited contractor bids for the Essential Facilities Construction Project – Fire Stations 54 and 55, City Projects No. 11394 and 11395 respectively; and
WHEREAS, having advertised and solicited construction bids in accordance with the City’s Municipal Code, sealed bids were received on the 30th day of September 2021 for the project entitled “FIRE STATION 54 AND 55” City Project Numbers 11394 and 11395, in accordance with the plans and specifications therefore on file in the office of the Department of Public Works; and
WHEREAS, on the 18th day of October 2021, the City Council adopted resolution 14988 for the construction contract award to the lowest responsible bidder, Wickman Development and Construction, in the bid amount of $8,809,000 and authorized a construction contingency in the amount of $880,900; and
WHEREAS, on the 10th day of January 2022, a Notice to Proceed with construction was issued to Wickman Development and Construction; and
WHEREAS, the basis for design accounted to fully salvage the apparatus bays and rebuilding the living quarters; and
WHEREAS, during construction, the construction team encountered out of the ordinary, unforeseen conditions that nearly exhausted the originally authorized construction contingency; and
WHEREAS, City staff recommends an additional $450,000 of construction contingencies; and
WHEREAS, there are sufficient funds in the Essential Facilities Capital Projects Fund to support the additional construction contingencies.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. An additional amount of $450,000 shall be available as a supplemental construction contingency for the Essential Facilities Construction Project – Fire Station 54 and 55, and the Public Works Director is authorized to use such contingency funds to authorize change orders to address unforeseen conditions during construction.

2. Additional funds totaling $450,000 will be appropriated for City Projects No. 11394 and 11395 from the Essential Facilities Capital Projects Fund (#420).

3. The Public Works Director 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 Council of said City on the 17th day of October 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

LINDSAY LARA, City Clerk
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.i
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Department of Public Works
Community Development Department
Prepared by: April Miller, DPW Director
Alicia Giudice CDD Director
City Manager Approval: ______________
TOPIC: ONE BAY AREA GRANT (OBAG3) RESOLUTIONS
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL VERIFYING COMPLIANCE

WITH STATE HOUSING LAWS

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION

FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE CANAL

ACTIVE TRANSPORTATION IMPROVEMENTS PROJECT

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION

FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE

CANAL/SOUTHEAST AREA PDA STUDY PROJECT

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION

FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE NORTHGATE

AREA PDA STUDY PROJECT

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION

FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE SECOND AND

FOURTH STREET INTERSECTION IMPROVEMENTS PROJECT
RECOMMENDATION:

Staff recommends the City Council adopt a resolution verifying compliance with state housing laws and resolutions authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the project.

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

In January 2022, MTC released its third round of One Bay Area Grant funds (OBAG3). In this round of funds, TAM was responsible for evaluating projects, establishing initial project prioritization based on a list of criteria and submitting project nominations for consideration by MTC. MTC has established a minimum requirement for TAM to program at least 50% of the OBAG3 funds to projects located within or connected to a Priority Development Areas (PDA). The eligible PDAs in Marin County include: Downtown San Rafael, Unincorporated Highway 101 Corridor, Southeast San Rafael, and Northgate.

The City of San Rafael submitted proposals for 4 projects:

1. Canal Active Transportation Improvements

2. Canal/Southeast San Rafael PDA

3. Northgate PDA

4. Second and Fourth Street Intersection Improvements
All four projects received support from TAM staff and on September 22, 2022, the TAM Board of Directors authorized staff to submit nominations for the proposed projects for consideration from MTC. TAM submitted nominations to MTC on September 30, 2022. One of the requirements for receiving regional discretionary funds is that the City must adopt a Resolution of Compliance with State Housing Laws and Resolutions of Local Support for each of the projects. These resolutions must be submitted to MTC by October 31, 2022.

The Resolution of Compliance with State Housing Laws and Resolutions of Local Support for each of the projects is attached to this report.

FISCAL IMPACT:

Adoption of this Resolution of Local Support is a required document for OBAG 3 applications. The City is currently positioned to receive $8,767,594 to fund two public improvement projects (Canal Active Transportation Improvements and Second and Fourth Street Intersection Improvements) and to fund two neighborhood plans within two PDAs (Southeast San Rafael PDA and Northgate PDA). The City will be obligated to pay a fair share portion of $2,553,224. This amount has been budgeted in part as part of the Fiscal Year 2022-23 budget for CDD ($206,460 using Fund 218 General Plan) and DPW ($2,367,764 using Fund 206 Gas Tax) and additional costs will be included in the FY 2023-24 budget process and in future years if needed.

RECOMMENDED ACTION:

Adopt a Resolution verifying compliance with State Housing Laws and adopt Resolutions of Local Support authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the project.

ATTACHMENTS:

1. Resolution verifying compliance with State Housing Laws

2. Resolution of Local Support Canal Active Transportation Improvements Project

3. Resolution of Local Support Canal/Southeast PDA

4. Resolution of Local Support Northgate PDA

5. Resolution of Local Support Second and Fourth Street Intersection Improvements Project RESOLUTION NO.

A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL VERIFYING COMPLIANCE

WITH STATE HOUSING LAWS
WHEREAS, the San Francisco region has the highest housing costs in the United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing;
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds; NOW, THEREFORE, BE IT RESOLVED, by the City of San Rafael City Council, State of California, as follows:

That the City of San Rafael agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and.

That the City of San Rafael agrees to comply with state laws related to ADUs and JADUs, as it exists now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12; and
That the City of San Rafael agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq.), as exists now or may be amended in the future; and That the City of San Rafael warrants and represents that is in compliance with the aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending to the best of the San Rafael’s knowledge, alleging violations of the state housing laws by the City of San Rafael.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

RESOLUTION OF LOCAL SUPPORT
RESOLUTION NO.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION FOR

FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS

AND STATING ASSURANCE TO COMPLETE THE CANAL ACTIVE TRANSPORTATION

IMPROVEMENTS PROJECT
WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $4,123,054.00 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Canal Active Transportation Improvements (herein referred to as PROJECT) for the One Bay Area Grant 3 (OBAG3) (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) setaside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further
RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

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 held on Monday, the 17th day of October 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:
__________________
Lindsay Lara, City Clerk
Resolution of Local Support
Resolution No.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION FOR FUNDING

ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE CANAL/SOUTHEAST AREA PDA STUDY PROJECT WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $796,770.00 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Canal/Southeast Area PDA Study (herein referred to as PROJECT) for the One Bay Area Grant 3 (OBAG3) (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) setaside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

AYES:

NOES:

ABSENT:
__________________
Lindsay Lara, City Clerk
Resolution of Local Support
Resolution No.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION FOR FUNDING

ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE NORTHGATE AREA PDA STUDY PROJECT WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $796,770.00 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Northgate Area PDA Study (herein referred to as PROJECT) for the One Bay Area Grant 3 (OBAG3) (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) setaside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

AYES:

NOES:

ABSENT:
__________________
Lindsay Lara, City Clerk
Resolution of Local Support
Resolution No.

RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE FILING OF APPLICATION FOR FUNDING

ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE SECOND AND FOURTH STREET INTERSECTION

IMPROVEMENTS PROJECT
WHEREAS, the City of San Rafael (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $3,051,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Second and Fourth Street Intersection Improvements (herein referred to as PROJECT) for the One Bay Area Grant 3 (OBAG3) (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) setaside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
• the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
• in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

AYES:

NOES:

ABSENT:
__________________
Lindsay Lara, City Clerk
Agenda Item 5.a
City of San Rafael
In Recognition of
The 2022 Great Shake Out Earthquake Drill
WHEREAS, San Rafael is committed to ensuring the safety of our residents, visitors, and employees; and
WHEREAS, Earthquake safety is a serious concern with much of our region at risk of seismic shaking and related hazards; and
WHEREAS, When an earthquake begins the immediate action of individuals to drop, cover, and hold on can protect them from great bodily harm; and WHEREAS, Government agencies and disaster organizations cannot bear the sole responsibility to prepare for and respond to earthquakes; and WHEREAS, The City of San Rafael in partnership with community organizations and the Marin VOAD will provide a variety of trainings, resources, and outreach to encourage residents and staff to participate in the Great Shake Out and take steps to be better prepared for earthquakes and all emergencies; and
WHEREAS, The City of San Rafael will join over 15 million participants around the world in practicing the basic steps to drop, cover, and hold on at 10:20am on October 20th, 2022; and
WHEREAS, The City of San Rafael will conduct an internal test of our emergency communication tools and procedures on October 20th; and WHEREAS, The time, energy and effort residents, business owners, and San Rafael employees invest in preparing now will create more resilient communities that can better survive and recover from an earthquake.

NOW, THEREFORE, I, Kate Colin, Mayor of San Rafael, do hereby proclaim San Rafael’s support of and participation in The Great California Shake Out Earthquake Drill and in doing so, urge all residents and community members to take practice drop, cover, and hold on at 10:20am on October 20th, 2022.

Kate Colin
Mayor
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: 6.a
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Community Development
Prepared by: April Miller, DPW Director
Alicia Giudice, CDD Director
City Manager Approval: _________
TOPIC: TRANSIT CENTER RELOCATION DRAFT ENVIRONMENTAL IMPACT REPORT UPDATE
SUBJECT: INFORMATIONAL UPDATE FROM GOLDEN GATE BRIDGE, HIGHWAY AND

TRANSPORTATION DISTRICT REGARDING THE NEW DOWNTOWN SAN RAFAEL TRANSIT CENTER (FILE P21-012)
RECOMMENDATION: Accept the report.

BACKGROUND
On August 11, 2021, pursuant to the California Environmental Quality Act (CEQA), the Golden Gate Bridge, Highway & Transportation District (District) released a Notice of Availability (NOA) of the Draft Environmental Impact Report (DEIR) for the C. Paul Bettini San Rafael Transit Center (SRTC) relocation project. The NOA announced the publication of the DEIR and provided a 60-day public review and comment period on the adequacy of the DEIR. Under CEQA, the District is the Lead Agency on this project and San Rafael is a Responsible Agency. As a Responsible Agency the City of San Rafael must independently review and comment on the CEQA document (State CEQA Guidelines Section 15096(a)) and will need to adopt the final CEQA document prior to taking action on the project itself.

Staff reviewed the SRTC DEIR and provided a list of comments for City Council review at the October 4, 2022 City Council Meeting and after accepting public comment, adopted a resolution authorizing staff to proceed with preparing a written response to the District for the Mayor’s signature. That written response was prepared, signed and delivered to the District on October 11, 2021, within the deadline specified in the NOA.

The next step would be for the District to respond to comments received and either:

1. Prepare an updated DEIR and recirculate the DEIR for additional comments. The District would then have to respond to additional comments received before preparing a Final EIR for certification; OR
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2

2. Prepare a formal response to comments and a Final EIR. The District would be required to prepare a written response to comments at least 10 days prior to certifying a Final EIR (CEQA Section 15088).

CEQA Section 15088.5 provides specific thresholds for when a Draft EIR requires recirculation as follows:
• A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.
• A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it.
• The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

District staff have stated that they believe they can respond to City comments without triggering the above requirement to recirculate a DEIR. Therefore, the District does not expect to release a revised DEIR for recirculation and will instead prepare a response to comments document and incorporate updates into a Final EIR document. As stated above, the District is required to prepare a written response to comments at least 10 days prior to certifying a Final EIR (CEQA Section 15088). However, District staff have stated they will provide a written response (expected to be released October 18, 2022) and provide an extended review period of 30 days to allow the City time for review of the District’s response.

Over the past year, City of San Rafael staff have been working collaboratively with District staff and consultants through several meetings to help provide clarification and address the comments provided in the October 2021 letter. To staff’s knowledge based on these meetings, there is not anything that would indicate that the preferred alternative was not properly assessed. However, the City has not received written response to any of the comments provided, therefore, staff is unable to provide a comprehensive analysis regarding the adequacy of the responses at this time.

Next steps and CEQA Noticing requirement
District Staff will be providing a presentation with a status update on October 17, 2022, and are expected to release a response to comments and a Final EIR for review on October 18, 2022. Staff expects to provide an update at a future City Council meeting.

COMMUNITY OUTREACH: The District has created a project webpage (http://goldengate.org/SRTC/) to share information about the project, including the public meetings and open houses, surveys, videos of presentations, and ways to get involved in the planning process. The City of San Rafael helps to promote these opportunities to the community through the City’s website, social media, and the City Manager’s newsletter.

FISCAL IMPACT: There is no direct fiscal impact associated with the action requested in this report.

RECOMMENDATION: Accept the Report
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 6.b
Meeting Date: October 17, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: ______________
TOPIC: SAN QUENTIN PUMP STATION RECONSTRUCTION
SUBJECT: ADOPT RESOLUTIONS FOR THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT, CITY PROJECT NO. 11334

1. ADOPT A RESOLUTION AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION AGREEMENT FOR THE SAN QUENTIN PUMP STATION

RECONSTRUCTION PROJECT TO THOMPSON BUILDERS CORPORATION, IN THE AMOUNT OF $6,538,725 AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $685,275 FOR A TOTAL CONTRACT APPROPRIATION OF $7,224,000

2. ADOPT A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE

A DEDUCTIVE CHANGE ORDER TO THE THOMPSON BUILDERS CORPORATION

CONSTRUCTION AGREEMENT FOR THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT IN THE AMOUNT OF $724,000, FOR A REVISED CONTRACT APPROPRIATION OF $6,500,000

3. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALPHACM, INC. FOR

CONSTRUCTION MANAGEMENT, INSPECTION, AND TESTING SERVICES ASSOCIATED

WITH THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $515,716

4. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR BID, CONSTRUCTION, AND

ENVIRONMENTAL COMPLIANCE SUPPORT SERVICES ASSOCIATED WITH THE SAN

QUENTIN PUMP STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $130,550, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $504,567 RECOMMENDATION: Staff recommends that the City Council adopt the four resolutions named above.

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

The San Quentin Pump Station was constructed in 1972 and is located in the saltwater marsh wetland and detention pond behind Target and Home Depot off Shoreline Parkway. The pump station conveys stormwater from the detention pond into the San Rafael Bay through a 960-foot-long outfall pipe that goes underneath the levee along the San Francisco Bay Trail. The existing pump station building is approximately 720 square feet in size and consists of a wet well, pressure vault, associated controls, and two vertical pumps.

After almost 50 years of operation, both the pump station and outfall pipe are beyond their useful life and need to be replaced. Without a functioning pump station at this location, stormwater would overflow from the detention pond into the neighboring industrial areas and inundate Interstate 580. Additionally, climate change is anticipated to result in larger storm events and rising sea levels therefore requiring an improved, more powerful pump station in place of the existing one. The new pump station will have additional pumping capacity and will also be more energy efficient than the existing facility. Staff is also studying the feasibility of an in-line trash capture device that will filter any debris running through the system. Staff is seeking State funding for the trash capture device with the intention of installing it after the pump station is completed.

On December 18, 2017, the City Council approved an agreement with CSW/Stuber-Stroeh Engineering Group, Inc. (“CSW|ST2”) for preliminary engineering services resulting in a Basis of Design/Feasibility Study. After amending the agreement on October 1, 2018, the design consultant commenced environmental studies and construction drawings. As required by CEQA, on January 21, 2020, Council adopted the Mitigated Negative Declaration for this project and directed staff to proceed with final design and pursue regulatory environmental permits. That effort was completed, and staff has obtained the necessary environmental permits to construct this project.

City staff has been actively pursuing grant funding to construct this project. In December 2019, staff applied to the FEMA Hazard Mitigation Grant Program to obtain $2.4 million of federal funds, but that grant application was unsuccessful. In August 2020, staff also applied to the State’s Urban Flood Protection Grant Program to obtain $1.5 million and that grant application was unsuccessful as well. On January 18, 2022, an informational report was presented to the City Council summarizing City staff’s efforts to obtain grant funding and its recommendation that the City’s recently obtained COVID-19 relief funds funding be used to procure a contractor and construction manager to complete this project.

ANALYSIS:

1. Award of Construction Agreement and Deductive Change Order On July 21, 2022, the project was advertised in accordance with San Rafael’s Municipal Code. On September 1, 2022, the following bids were received and read aloud:

NAME OF BIDDER AMOUNT
Thompson Builders Corporation $6,538,725
JMB Construction, Inc. $6,628,300
Maggiora & Ghilotti, Inc. $6,677,000
CWS Construction Group Inc $6,955,600
Valentine Corporation $7,360,035
Terracon Constructors, Inc. $8,122,495
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
The construction bids were reviewed by Public Works staff with the low bid of $6,538,725 from Thompson Builders Corporation found to be responsive and responsible. However, the original engineer’s estimate, provided by the City’s design consultant in June 2022, only totaled $3.2 million. After analyzing the bids received, it was found that the main elements that had been underestimated included electrical components and concrete construction. Additionally, all items requiring shipping/hauling were more expensive.

Staff reached out to various contractors, construction managers, and other public agencies all of which confirmed that the general construction market has grown considerably more expensive in the past construction season alone and materials are also taking much longer to arrive. It is estimated that the pumps themselves will take more than 40 weeks from ordering to arrive on the project site. As to the question of whether more economical bids would be obtained by rebidding the project at a later date, both contractors and construction managers stated that this would likely result in more expensive bids with some citing recent local examples of projects in the Bay Area that were rebid and received higher totals.

Staff has also worked with the apparent low bidder, Thompson Builders Corporation, and the design consultant, CSW|ST2 to see whether the project could be value engineered to bring costs down. It was determined that several items could be changed without eliminating the new pump station’s ability to provide flood protection during a 100-year storm. These items include installation of only two pumps, replacing specific locations of the outfall pipe while only adding HDPE pipe at specific locations to mitigate problems due to settlement, and using different electrical components. The intention is to construct the original pump station design layout for three pumps but only install two pumps at this time and leave space for the third pump to be installed in the future. As mentioned, the design consultant’s hydraulic analysis confirms that two pumps of the magnitude proposed should provide adequate flood protection during a 100-year storm. A third pump will be installed in the future, as a separate project, to ensure flood protection is still provided if a pump is down for maintenance and to account for future effects of climate change. It is estimated that these revisions will result in a savings of $720,000.

Staff recommends contract award to Thompson Builders Corporation at the base bid amount. Included in this City Council item is a separate resolution to approve a deductive change order itemizing the aforementioned and resulting in an immediate reduced construction cost. The new project appropriated amount with the deductive change order applied will be $6,500,000 which includes an approximate 12% contingency of $685,275.

2. Award of professional services agreement for Construction Management/Inspection/Testing On June 29, 2022, City staff solicited proposals for construction management, inspection, and testing services for the project. On July 21, 2022, three proposals from qualified firms were received. All three firms were interviewed and evaluated by City staff and the design consultant based on criteria specified in the Request for Proposals including, but not limited to, relevant experience and success with similar kinds of work, understanding of the work to be done, experience and quality of staff, ability to meet deadline and operate within budget, and references by former clients on similar projects. The evaluation panel found the consulting firm AlphaCM, Inc. to be the most qualified for this project and requested that they provide staff with a scope/fee.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
The initial fee schedule provided by AlphaCM totaled $563,066.08. Considering that the duration of construction is estimated at 260 working days, this total was considered to be reasonable and comparable to other construction management contracts of similar duration. However, once bids for the construction contract were received at the Sept 1st bid opening, staff worked with both the apparent low bidder and AlphaCM to determine where costs could be reduced. After these negotiations, City staff and AlphaCM agreed to a new fee schedule that was reduced by $47,350.20 for a new total of $515,716.

3. Second Amendment to Design Agreement for Construction Support Services As the San Quentin Pump Station Reconstruction Project progresses toward construction, staff recommends the City Council approve the proposed contract amendment with CSW|ST2 for bid, construction, and environmental compliance support services. CSW|ST2 previously performed design services for the project and its subconsultants, Miller Pacific Engineering Group and WRA, Inc., prepared the geotechnical report and assisted with environmental compliance and permitting for the project, respectively. Having the design consultant available through bid and construction will expedite the completion of the project, and allow the designer to review material submittals, make minor adjustments to the construction documents, attend meetings, and respond to detailed questions asked by the general contractor. Miller Pacific will provide geotechnical observation and testing. WRA will provide support for compliance with environmental permits and CEQA. These efforts will be performed on an as-needed basis at the request of the City and are separate from the professional services agreement for construction management, inspection, and testing services.

FISCAL IMPACT:

Staff proposes to fund all three agreements associated with construction of this project by utilizing COVID19 relief funds. The proposed Resolutions would appropriate $6,500,000 for construction/contingency including the deductive change order, $515,716 for construction management, inspection, and testing services, and $130,550 for the amendment to the CSW|ST2 professional services agreement for bid, construction, and environmental compliance support services. These appropriations will be made to the Stormwater Fund (#205). The following table summarizes these expenses.

Expenses: Agreements for Construction
Agreement Type Contractor/Consultant Amount
Construction Agreement:

Original Base Bid + Contingency
Thompson Builders
Corporation
$7,224,000
($6,538,725 + $685,275)
Construction Agreement:

Deductive Change Order
Thompson Builders
Corporation -$724,000
Construction Agreement + Contingency:

Revised Total
Thompson Builders
Corporation $6,500,000
Construction Management, Inspection,
and Testing AlphaCM $515,716
Bid, Construction, and Environmental
Compliance Support CSW|ST2 $130,550
Total Expenses $7,146,266
OPTIONS:

1. Adopt all resolutions as presented.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5

2. Adopt resolutions authorizing the execution of professional services agreements and reject bids and readvertise construction for this project. If this option is chosen, rebidding the project will delay reconstruction of a pump station and outfall pipe that are beyond their useful life and postpone the project until 2023 with construction completion in 2024.

3. Do not adopt the resolutions and provide further direction to staff.

RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Adopt a resolution awarding and authorizing the City Manager to execute the construction agreement for the San Quentin Pump Station Reconstruction Project to Thompson Builders Corporation in the amount of $6,538,725 and authorizing contingency funds in the amount of $685,275 for a total contract appropriation of $7,224,000.

2. Adopt a resolution authorizing and directing the City Manager to execute a deductive change order with Thomas Builders Corporation for the San Quentin Pump Station Reconstruction Project in the amount of $724,000 for a revised contract appropriation of $6,500,000.

3. Adopt a resolution approving and authorizing the City Manager to execute a professional services agreement with AlphaCM, Inc. for construction management, inspection, and testing services associated with the San Quentin Pump Station Reconstruction Project in the amount not to exceed $515,716.

4. Adopt a resolution approving and authorizing the City Manager to execute a second amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for bid, construction, and environmental compliance support services associated with the San Quentin Pump Station Reconstruction Project in the amount not to exceed $130,550 for a revised total agreement amount of $504,567.

ATTACHMENTS:

1. Resolution awarding and authorizing the City Manager to execute the construction agreement to Thompson Builders Corporation

2. Resolution authorizing and directing the City Manager to execute a Deductive Change Order with Thompson Builders Corporation

3. Resolution approving and authorizing the City Manager to execute a professional services agreement with Alpha CM, Inc. for construction management, inspection, and testing services

4. Resolution approving and authorizing the City Manager to execute an amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for bid, construction, and environmental compliance support services 1 RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AWARDING AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONSTRUCTION AGREEMENT FOR THE

SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT TO THOMPSON BUILDERS CORPORATION, IN THE AMOUNT OF $6,538,725 AND AUTHORIZING CONTINGENCY FUNDS IN THE AMOUNT OF $685,275 FOR A TOTAL CONTRACT APPROPRIATION OF $7,224,000.

WHEREAS, the City desires to reconstruct the San Quentin Pump Station; and WHEREAS, having advertised and solicited construction bids in accordance with the City’s Municipal Code, sealed bids were received on September 1st, 2022 for the project entitled “SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT” City Project #11334 in accordance with the plans and specifications therefore on file in the office of the Department of Public Works; and
WHEREAS, the bid of $6,538,725 from Thompson Builders Corporation 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 that the project budget include a contingency amount of $685,275 for a total appropriated amount of $7,224,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The plans and specifications for the “San Quentin Pump Station Reconstruction Project”, City Project No. 11334 on file in the Department of Public Works, are hereby approved.

2. The bid of $6,538,725 is hereby accepted at the unit prices stated in its bid, and the contract for said work and improvements is hereby awarded to Thompson Builders Corporation at the stated unit prices.

3. The City Manager is authorized and directed to execute the contract for the bid amount, subject to final approval as to form by the City Attorney, and to return the bidder’s bond upon the execution of the contract.

4. Funds totaling $7,224,000 shall be appropriated for this contract (Project No. 11334) from the Stormwater Fund (#205).
2 5. 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 held on Monday 17th of October 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, City Clerk
File No.: 08.06.69
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING AND DIRECTING

THE CITY MANAGER TO EXECUTE A DEDUCTIVE CHANGE ORDER TO THE

THOMPSON BUILDERS CORPORATION CONSTRUCTION AGREEMENT FOR THE

SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT IN THE AMOUNT OF $724,000, FOR A REVISED CONTRACT APPROPRIATION OF $6,500,000 WHEREAS, the City Council by prior resolution on this same date has accepted the bid of $6,538,725 and awarded the contract for the “SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT” City Project #11334 to Thompson Builders Corporation; and WHEREAS, the bid amount plus the contingency of $685,275 equals $7,224,000, which exceeds the project budget and requires adjustment to bring anticipated project expenses to within budget; and
WHEREAS, City staff have negotiated a deductive change order with Thompson Builders Corporation in the amount of $724,000, which would bring the contract appropriation down to $6,500,000;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The City Manager is authorized and directed, following execution of the contract with Thompson Builders Corporation, to execute a deductive change order to that contract, at unit prices recommended by the Public Works Director and agreed to by Thompson Builders Corporation, in a total amount of $724,000.

2. Funds saved by this change order will be deducted from City Project No. 11291 and shall be returned to the Stormwater Fund (#205) account, for a revised contract appropriation of $6,500,000.

3. 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 held on Monday 17th of October 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________________
LINDSAY LARA, City Clerk
File No.: 08.06.69
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALPHACM, INC. FOR CONSTRUCTION MANAGEMENT,

INSPECTION, AND TESTING SERVICES ASSOCIATED WITH THE SAN QUENTIN

PUMP STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $515,716
WHEREAS, the City desires to reconstruct the San Quentin Pump Station; and WHEREAS, the City requires outside professional assistance for construction management, inspection, and testing services for the aforementioned project; and WHEREAS, in response to a request for proposals (RFP), the Department of Public Works received three proposals; and
WHEREAS, staff has reviewed the proposals, conducted interviews, and identified AlphaCM, Inc. to be the most qualified firm; and
WHEREAS, the proposal from AlphaCM, Inc. was found to be complete and within industry standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The City Manager is hereby authorized to execute a Professional Services Agreement with AlphaCM, Inc. for construction management, inspection, and testing services for the San Quentin Pump Station Reconstruction Project in the amount of $515,716, in a form approved by the City Attorney.

2. Funds totaling $515,716 shall be appropriated for this project (Project No. 11334) to the Stormwater Fund (#205).

3. 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 Monday the 17th day of October 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, City Clerk
File No.: 08.06.69
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH
ENGINEERING GROUP, INC. FOR BID, CONSTRUCTION, AND ENVIRONMENTAL

COMPLIANCE SUPPORT SERVICES ASSOCIATED WITH THE SAN QUENTIN PUMP

STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $130,550, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $504,567 WHEREAS, pursuant to the City Council Resolution No. 14440, the City of San Rafael entered into a Professional Services Agreement dated December 26, 2017 with CSW/StuberStroeh Engineering Group, Inc. (“CSW/Stuber-Stroeh”), for preliminary engineering design services associated with the San Quentin Pump Station Reconstruction Project (the “Project”) in an amount not-to-exceed $128,038; and
WHEREAS, pursuant to the City Council Resolution No. 14591, the City of San Rafael entered into an amended Professional Services Agreement dated October 1, 2018 with CSW/Stuber-Stroeh, for final engineering design and environmental clearance services required to prepare construction plans/specifications as well as secure all environmental clearance documents and regulatory permits for the Project in an amount not-to-exceed $245,979; and WHEREAS, the City requires additional bid, construction, and environment compliance support services from CSW/Stuber-Stroeh to deliver the construction phase of the Project; and WHEREAS, staff received a proposal from CSW/Stuber-Stroeh for said services in a total amount not to exceed $130,550; and
WHEREAS, staff has reviewed the proposal and found it to be complete and within industry standards;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:

1. The City Manager is hereby authorized to execute a Second Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for bid, construction, and environmental compliance support services in the amount of $130,550 for a total contract amount of $504,567, in a form approved by the City Attorney.

2. Funds totaling $130,550 shall be appropriated for this project (Project No. 11334) to the Stormwater Fund (#205).

3. 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.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________
LINDSAY LARA, City Clerk
File No.: 08.06.69
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: SA 1.a
Meeting Date: October 17, 2022

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

AGENDA REPORT
Department: Finance Department
Prepared by: Nadine Atieh Hade,
Administrative Services Director
City Manager Approval: ________
TOPIC: SUCCESSOR AGENCY QUARTERLY INVESTMENT REPORT
SUBJECT: ACCEPTANCE OF SUCCESSOR AGENCY QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022
RECOMMENDATION: Accept investment report for the quarter ending September 30, 2022, as presented.

ANALYSIS: The Successor Agency checking account had a balance of $173,497 at quarter-end.

FISCAL IMPACT: No financial impact occurs by adopting the report.

RECOMENDATION: Accept investment report for the quarter ending September 30, 2022, as presented.

ATTACHMENT:

1. Successor Agency Cash & Investment Report July through September 2022.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
TREASURER’S CERTIFICATION

I CERTIFY THAT ALL INVESTMENTS MADE ARE IN CONFORMANCE WITH SUCCESSOR AGENCY’S APPROVED INVESTMENT POLICY AND STATE INVESTMENT REGULATIONS. THE

SUCCESSOR AGENCY HAS SUFFICIENT LIQUIDITY TO MEET ALL OF THE OBLIGATIONS

REQUIRED DURING THE NEXT SIX-MONTH PERIOD, SUBJECT TO OVERSIGHT BOARD

APPROVAL OF OBLIGATIONS AND THE SUBSQUENT TIMELY COUNTY DISBURSEMENT OF FUNDS.

Nadine Atieh Hade
Finance Director

SUCCESSOR AGENCY TO SAN RAFAEL REDEVELOPMENT AGENCY
CASH and INVESTMENTS
QUARTER ENDED 9/30/2022

PURCHASE MATURIT
Y YIELD PURCHASE PAR MARKET Days to % OF AS
ISSUE

R TYPE DATE DATE PRICE
VALUE
VALUE Maturity TOTAL OF
CASH ACCOUNTS:

WESTAMERICA DD N/A N/A 173,496.76 $ 173,496.76 $ 173,496.76 $ 1 100.00% 7/31/2022 WESTAMERICA DD N/A N/A 173,496.76 $ 173,496.76 $ 173,496.76 $ 1 100.00% 8/31/2022WESTAMERICA DD N/A N/A 173,496.76 $ 173,496.76 $ 173,496.76 $ 1 100.00% 9/30/2022TOTAL INVESTMENTS $ - - $ - $ TOTAL CASH & INVESTMENTS - QUARTER-END BALANCE 173,496.76 $ 173,496.76 $ 173,496.76 $ 100.00% % Portfolio held 1 year or less
100%
TYPE:DD - Demand Deposit
T:\CITY COUNCIL AGENDA ITEMS\Agenda Item Approval Process\2022-10-17\FIN - SA Quarterly Investment Report\SA Investment Worksheet

San Rafael City CouncilOctober 17, 2022

San Rafael City Council
October 17, 2022