Folsom City Council
January 11, 2022

1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 January 11, 2022
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.

How to Participate
The Sacramento County Health Order dated January 6, 2022 has ordered that all in-person council and commission public meetings be suspended, and that those meetings be conducted virtually.The next page of the agenda provides details describing how to participate in this meeting via Zoom.

How to Watch
The City of Folsom provides several ways to watch a City Council meeting:

Online On TV

Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14

Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

More information about City Council meetings is available at the end of this agenda

2 City Council Regular Meeting

Folsom City Council Chambers
50 Natoma Street, Folsom, CA

www.folsom.ca.us
Tuesday, January 11, 2022 6:30 PM

Kerri Howell, Mayor

Rosario Rodriguez, Vice Mayor Sarah Aquino, Councilmember YK Chalamcherla, Councilmember Mike Kozlowski, Councilmember

REGULAR CITY COUNCIL AGENDA
In association with the Governor’s proclamation of a State of Emergency due to the coronavirus (COVID-19) public health emergency and Assembly Bill 361, the Sacramento County Health Order dated January 6, 2022 has ordered that all in-person council and commission public meetings be suspended, and that those meetings be conducted virtually.

Join the meeting by Zoom online: https://us06web.zoom.us/j/85349631082 To make a public comment using the Zoom online platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk to speak. Please wait to be called upon by the City Clerk.

Join the meeting by Zoom telephone: Dial +1 408 638 0968 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 646 876 9923 or +1 301 715 8592 or +1 312 626 6799

Meeting ID: 853 4963 1082

To make a public comment by phone, please press *9 to raise your hand. Please make sure to enable audio controls once access has been given by the City Clerk to speak. Please wait to be called upon by the City Clerk.

Verbal comments via virtual meeting must adhere to the principles of the three-minute speaking time permitted for public comment at City Council meetings.

To submit material for presentation during the meeting: Email documents you would like to share to [email protected] no later than noon on the day of the meeting.

3 CALL TO ORDER
ROLL CALL:

Councilmembers: Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within the Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

CONSENT CALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

1. Approval of December 14, 2021 Regular Meeting Minutes

2. Resolution No. 10758 – A Resolution of the City Council Making Findings to Continue Teleconferencing Options for Public Meetings Under AB 361

3. Resolution No. 10779 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 10167 and Amending Attachment No. 1 to Resolution No. 8187 Relating to Governance of the Retirement Board of Authority

4. Resolution No. 10781 – A Resolution Authorizing the Police Department to Accept a Sacramento Regional Office of Homeland Security Grant in the Amount of $149,820 and Appropriation of Funds

5. Resolution No. 10782 - A Resolution Approving the Name of Prospector Park, Formerly Known as Neighborhood Park #3 in the Folsom Plan Area

6. Resolution No. 10783 - A Resolution of the City Council of the City of Folsom Appointing a Director and an Alternate Director to the Northern California Cities Self Insurance Fund Board of Directors

7. Resolution No. 10784 - A Resolution Authorizing the City Manager to Execute an Agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Delivery Reliability Project and Appropriation of Funds and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of Costs for the Project

8. Resolution No. 10785 – A Resolution Authorizing the City Manager to Execute an Agreement with McGuire and Hester for the Design-Assist and Construction of the Natoma Alley Rehabilitation and Replacement Project and Appropriation of Funds

9. Resolution No. 10786 - A Resolution Amending Resolution No. 10296 to Enact the Annual Inflationary Adjustment for the Housing Trust Fund Fee

4 10. Resolution No. 10787 – A Resolution Authorizing the City Manager to Execute an Agreement with Always Paving, Inc. DBA General Construction for Construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and Appropriation of Funds

11. Resolution No. 10788 - A Resolution of the Folsom City Council Opposing SB 262 (Hertzberg) Bail

12. City of Folsom Community Facilities District No. 23 (Folsom Ranch) Amended Improvement Area No. 3 and Improvement Area No. 7
i. Ordinance No. 1321 – An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 3 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
ii. Ordinance No. 1322 – An Uncodified Ordinance Levying Special Taxes for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 7 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
PUBLIC HEARING:

13. Resolution No. 10780 - A Resolution to Approve a Small-Lot Vesting Tentative Subdivision Map and Minor Administrative Modification for the Toll Brothers at Folsom Ranch Phase 2 Subdivision Project

14. Public Hearing No. 3 Under the California Voting Rights Act Regarding the Composition of the City’s Voting Districts Pursuant to Elections Code Section 10010 NEW BUSINESS:

15. Appeal by Bob Delp, Folsom Railroad Block Developer, LLC, and the Historic Folsom Residents Association of Decisions by the Historic District Commission Approving a Conditional Use Permit and Design Review for the Barley Barn Tap House project (PN 19-174) located at 608 ½ Sutter Street and Determination that the Project is Exempt from CEQA CITY MANAGER REPORTS:

COUNCIL COMMENTS:

ADJOURNMENT
The next regular meeting is scheduled for January 25, 2022.

NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address Council on an issue, which is on this agenda, please raise your hand. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments t o three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or

5 someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks , using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control sche duling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Fols om, California during normal business hours.

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Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Staff respectfully recommends that the City Council pass and adopt the following Resolution:

Resolution No 10758. A Resolution of the City Council Making Findings to Continue Teleconferencing Options for Public Meetings Under AB 361.

BACKGROUND / ISSUE
Pursuant to AB 361, the City Council passed Resolution No. 10737 on October 26,2021 to allow public meetings to continue offer teleconferencing as an option. In order to continue offering teleconferencing as an option for public meetings, City Council action is required every 30 days.

The rapid spread of the novel coronavirus2019 (COVID-19) throughout Califomia and the United States caused Governor Newsom to declare a state of emergency on March 4,2020.

The Sacramento County Board of Supervisors ratified the declaration of a state of emergency by the County Health Officer on March I0,2020, and the Folsom City Council made a similar declaration of a local emergency on March 16,2020.

In an effort to promote social distancing and reduce the rapid spread of COVID-19, California Legislature passed Assembly Bill 361 to allow teleconferencing as an option for public meetings. AB 361 was signed into law by Governor Newsom and becomes operative on October 1,2021.
1 MEETING DATE: Utt12022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10758 - A Resolution of the City Council Making Findings to Continue Teleconferencing Options for Public Meetings Under AB 361
F'ROM: City Attorney's Office

01/11/2022 Item No.2.

POLICY / RULE
In order for the City to offer teleconferencing as an option in public meetings, AB 361 requires findings be made every 30 days that the nature of the emergency continues to impact the ability to meet safely in person, or that the State or local officials continue to impose or recommend social distancing.

ANALYSIS
California Legislature passed Assembly Bill 361 as an urgency measure to allow public meetings to offer teleconferencing as an option, provided that the local legislative body makes findings every 30 days that the nature of the emergency continues to impact the ability to meet safely in person, or that the State or local officials continue to impose or recommend social distancing.

Notwithstanding national and local vaccination efforts, new variants of COVID-19 have continued the wide spread of COVID-l9 throughout communities. The COVID-l9 public health emergency continues to pose a threat to the public's health and safety, and the circumstances of the State of Emergency proclaimed by Governor Newsom on March 4, 2020have not yet been abated.

Due to the fact that the COVID-I9 public health emergency continues to impact the ability to meet safety in person, and that state and local officials continue to recommend social distancing, the City Council has the ability to make necessary findings under AB 361 to allow the City to continue offer teleconferencing as an option for City public meetings.

F'INANCIAL IMPACT
Negligible.

ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review.

ATTACHMENT
l. ResolutionNo. 10758-AResolutionoftheCityCouncilMakingFindingstoContinue Teleconferencing Options for Public Meetings Under AB 361 Respectfully submitted,
2 Steven Wang, City Attorney

01/11/2022 Item No.2.

RESOLUTION NO. 10758

A RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS TO CONTINUE TELECONFERENCING OPTIONS F'OR PUBLIC MEETINGS UNDER AB 361 WHEREAS, the Governor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-19); and
WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-l9; and
WHEREAS, on March 16,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, Sacramento County has documented community transmission of COVID-l9, with multiple cases of diagnosed patients and fatalities, and the County Health Officer has recommended measures to promote social distancing to prevent rapid transmission of COVID-19; and WHEREAS, Governor Newsom signed Assembly Bill 361 on September 16,2021 to allow meetings of legislative bodies to be conducted via teleconference, starting October 1,202I, provided that findings are made every 30 days to continue teleconference meetings under AB 361.

NOW, THEREFORE, BE IT RESOLVED thatthe City Council of the City of Folsom hereby finds that it has reconsidered the circumstances of the State of Emergency, thatthe COVID-l9 public health emergency continues to impact the ability to meet safely in person, and that State or local offrcials continue to impose or recommend social distancing.

BE IT FURTHER RESOLVED that public meetings of the City of Folsom may continue to offer teleconferencing as an option under AB 361.

PASSED AND ADOPTED this 1lth day of January, 2022,by the following roll-call vote:
.A.YES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Kerri M. Howell, MAYOR
Christa Freemantle, CITY CLERK
Resolution No. 10758

01/11/2022 Item No.2.

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01/11/2022 Item No.2.

I {ii,'-l{i\'l
Folsom City Council
Staff ort
MEETING DATE: UTI12022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10779 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 10167 and Amending AttachmentNo. 1 to ResolutionNo. 8187 Relating to Governance of the Retirement Board of Authority
FROM: City Clerk's Department

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council adopt Resolution No. 10779 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 10167 and Amending Attachment No. 1 to Resolution No. 8187 Relating to Governance of the Retirement Board of Authority.

BACKGROUND / ISSUE
On January 8, 2008, the City Council adopted Resolution No. 8187, a resolution authorizing the creation o f a Futuris Public Entity Investment Trust and Retirement Board of Authority ("RBOA") and authorizing the Board of Authority to adopt agreements relating to the trust. Resolution No. 81 87 provides the Powers of Authority, including membership of the five-member Board. The members of the Board include the Mayor, one Councilmember annually appointed by the Mayor, the City Manager, the Finance Director and the Human Resources Director.

On September 22,2015, the City Council adopted Resolution No. 9656 and amended Attachment No. 1 to Resolution No. 8187 in order to authorize the appointment of alternate members in the event a member is not available, and also to address the authority of a person serving in an interim capacity acting as a Board member.

01/11/2022 Item No.3.

On August 28,2018, the City Council adopted Resolution No. 10167 and amended Attachment No. I to Resolution No. 8187 in order to authorize the City Manager to appoint another department head in the event a single person served as both the Finance Director and the Human Resources Director until such time the positions of the Finance Director and the Human Resources Director are no longer occupied by a single person.

In December,202l, the City Manager appointed a Human Resources Manager to serve as the Human Resources department head. Since this position title is oomanager" and not "director", the formal composition of the Board needs to be updated to authorizethe Human Resources Manager to serve on the board and to ensure that the Board will continue to be comprised with, and served by, five individuals.

POLICY / RULE
Resolution No. 8187 authorized the City Council to establish the Retirement Board of Authority, to designate the title and positions of people to serve as members of the board and to establish the powers of authority. The City Council is authorized to amend or modi$' provisions in Resolutions that it previously has adopted.

ANALYSIS
The Retirement Board of Authority consists of five members and meets several times ayeat.

As designated by Resolution No. 8187, two of the five Board members are the City's Finance Director and the Human Resources Director. The purpose of this Resolution is to revise Attachment No. 1 to Resolution No. 8187 relating to the Powers of Authority in order to change the representative title from Human Resources Director to Human Resources Manager and to ensure that the Board continues to be comprised with five individuals.

The proposed further changes to Attachment No. 1 (Powers of Authority) to Resolution No. 8187 are shown as follows (addition underlined, deletions in strikethrough):

AttachmentNo. I (Powers of Authority) to ResolutionNo. 8187, Section 8 - The members of the Retirement Board of Authority shall consist of the Mayor, one Councilmember annually appointed by the Mayor, the City Manager, the Finance Director and the Human Resources Manager Dire€+er. In the absence of the Mayor, the Vice-Mayor shall serve as a member. The Mayor shall name an alternate City Councilmember for the Councilmember position. In the event the City Council or City Manager has named an Acting or Interim City Manager, Finance Director or Human Resources Manager Di+eeter, such interim or acting employee shall serve as the member until the permanent person is named or returns to their position. ln tne eve* a sin inanee
nireeter and the Hum

01/11/2022 Item No.3.
the Finanee Direeter an#the Human Reset#ees Direeter are ne lenger eeeupied by a*ingl€fers€n'
The RBOA has adopted By-Laws and those By-Laws may be amended by the RBOA.

Should the City Council approve the proposed resolution, then the RBOA will amend the By- Laws to make the membership consistent with this action.

F'INANCIAL IMPACT
There is no financial impact associated with this resolution.

ENVIRONMENTAL REVIEW
This action by the City Council is exempt from environmental review pursuant to Section 15061(b)(3) (Review for Exemption) of the California Environmental Quality Act.

ATTACHMENTS
l. ResolutionNo. 10779 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 10167 and Amending Attachment No. I to Resolution No. 8187 Relating to Governance of the Retirement Board of Authority

2. Resolution No. 10167 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 9656 and Amending Attachment No. 1 to Resolution No. 8187 Relating to Govemance of the Retirement Board of Authority

3. Resolution No. 8187 - A Resolution Authorizing the Creation of a Futuris Public Entity Investment Trust and a Retirement Board of Authority, and Authorizing the Board of Authority to Adopt Agreements Relating to the Trust (including Attachment No. 1 - Powers of Authority)
Submitted,
Christa Freemantle, CMC
City Clerk

01/11/2022 Item No.3.

Attachment I
Resolution No. t0779 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 10167
and
Amending Attachment No. 1 to Resolution No. 8187 Relating to Governance of the Retirement Board of Authority

01/11/2022 Item No.3.

RESOLUTION NO. 10779

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM
RESCINDING RESOLUTION NO. 10167 AND
AMENDING ATTACHMENT NO. 1 TO RESOLUTION NO. 8187

RELATING TO

GOVERNANCE OF THE RETIREMENT BOARD OF AUTHORITY
WHEREAS, Resolution No. 8187, adopted by the City Council on January 8, 2008, authorized the creation of a Futuris Public Entity Investment Trust and a Retirement Board of Authority (RBOA) and authorizing the Board of Authority to adopt agreements relating to the trust; and
WHEREAS, Attachment No. I to Resolution No. 8187 provides the Powers of Authority, including the membership of the Board. The members of the Board include the Mayor, one Council member annually appointed by the Mayor, the City Manager, the Finance Director and the Human Resources Director; and
WHEREAS, Resolution No. 9656, adopted by the City Council on September 22,2015, amended Resolution No. 8187 by providing: (1) in the absence of the Mayor, the Vice-Mayor shall serve as a member; (2) the Mayor shall name an alternate City Council member for the Council member position; (3) in the event the City Council or City Manager has named an Acting or Interim City Manager, Finance Director or Human Resources Director, such interim or acting employee shall serve as the member until the permanent person is named or returns to his/her position; and
WHEREAS' the City Council recommends that the RBOA modiff its By-Laws to be consistent with this Resolution.

NOW' THEREFORE, BE IT RESOLVED that Resolution No. 10167 is hereby rescinded; and
BE IT FURTHER RESOLVED that the City Council of the City of Folsom hereby authorizes the following amendment to Attachment No. I to Resolution No. 8187 as follows:

Section 8 - The members of the Retirement Board of Authority shall consist of the Mayor, one Councilmember annually appointed by the Mayor, the City Manager, the Finance Director and the Human Resources Manager. In the absence of the Mayor, the Vice-Mayor shall serve as a member. The Mayor shall name an alternate City Council member for the Councilmember position. In the event the City Council or City Manager has named an Acting or Interim City Managor, Finance Director or Human Resources Manager, such interim or acting employee shall serve as the member until the permanent person is named or returns to their position.

Resolution No. 10779
Page I of2

01/11/2022 Item No.3.
vote:

AYES:

NOES:

ABSENT:

ABSTAIN: Councilmembers
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10779
Page2 of2
Keni M. Howell, MAYOR
PASSED AND ADOPTED on this 1lft day of January, 2022,by the following roll-call Councilmembers
Councilmembers
Councilmembers

01/11/2022 Item No.3.

Attachm ent 2
Resolution No. t0167 - A Resolution of the City Council of the City of Folsom Rescinding Resolution No. 9656
and
Amending Attachment No. 1 to Resolution No. 8187 Relating to Governance of the Retirement Board of Authority

01/11/2022 Item No.3.

RESOLUTION NO. 10167

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM
RESCINDING RESOLUTION NO. 9656 AND AMENDING ATTACHMENT NO. 1 TO RESOI.UTION NO. 8187 RELATING TO GOVERNANCE OF THE
RETIREMENT BOARD OF' AUTTIOR.ITY
WHEREAS, Resolution No. 8187, adopted by the City Council on January 8, 2008. authorized the creation o{'a Futuris Public Hntity lnvestment Trust and a Retirement Board of Authority (RBOA) and authorizing the Board of Authority to adopt agreements rclating to the trust; and
WHEREAS, Attachment No. I to Resolution No. 8187 provides the Powers of Authority, including the membership of the Board. The ntembers of the Board include the Mayor, one Council member annually appointed by the Mayor, the City Manager, the Finance Director and the Human Resources Director; and
WHEREA,S, Resolution No. 9656, adopted by the City Council on September 22,201'5. arnended Resolution No. 8187 by providing: (1) in the absence of the Mayor, the Vice-Mayor shall serve as a mernber; (2) the Mayor shall name an alternate City Council member for the Council member position; (3) in the event the City Council or City Manager has named an Acting or Interim City Manager, Finance Director or Human Resources Director, such interim or acting employee shall serve as the metnber until the permanent person is named or returns to his/her position; and
WHEREAS, since flre City's current Finance Director also serves as the City's I{uman Rssources Director and Assistant City Manager, in practice the S-mernber Board is constituted by 4 persons; and
WIIEREAS, the RBOA reviewed the By-Laws and the Powers of Authority at its last nreeting on July 24,7018 and recommended that the Powers of Authority be rnodified to fillher allow for alternate members in order to comprise the Board u'ith 5 individuals; and WIIER.EAS, the City Council finds that designating alternate members to the RBOA will help assure a reprcsentative board constituted with 5 individuals; and WHEREAS, the City Council recommends that the RBOA rnodify its By-Laws to be consistent with this Resolution.

TIIEREFORE, BE IT IIESOLYED that Resolution No. 9656 is hereby rescinded.

BE IT FUITTHER RESOLVED that the City Cowrcil of the C.ity of Folsom hereby authorizes the following amendment to Attachment No. 1 to Resolution No. 8187 as follows:

Section 8 - The members of the Retirement Board oL Authority shall consist of the Mayor, one Council member annr.rally appointed by the Mayor, the City Manager, the Finance Director and the Huuran Resources Director. In the absence Resolution No. 10167

01/11/2022 Item No.3.
of the Mayor, the Vice-Mayor shall serve aS a member. 'Ihe Mayor shall name an altemate City Council member for the Council nrember positiotl. In the event the City Council or City Manager has named arr Acting or lnterim City Manager, Finance Director or Human Resources Director, such interim or acting employee shall serve as the member until the permanent person is named or returns to his/her position. In the event a single person serves as both the Finance Director and the Human Resources Director, the City Manager shall appoint another department head to sbrve as a lloard member until such time the positions of the Irlnance Director and the Hurnan Resoulues Ditectol are no l,oltger occupied by a single person.
pASSED AND ADOPTED this 28tr'day of August 2018, by the following roll-call vote:

AYES: Council Member(s): Morin, Sheldon, Gaylord. Howell, Miklos NOES:

ABSENT:

ABSTAINI
Council Member(s):

Council Member(s):

Council Member(s):

None
None
None
E. , MAYOR
A'TTEST:

Christa
Resolution No. 10167
Page2 of2

CITY CLERK

01/11/2022 Item No.3.

Attachment 3
Resolution No. 8187 - A Resolution A uthorizing the
Creation of a Futuris Public Entity Investment Trust and a Retirement Board of Authority and
Authorizing the Board of Authority to Adopt Agreements
Relating to the Trust (inctuding Attachment No. L - Powers of Authority)

01/11/2022 Item No.3.

RESOLUTION NO.8187

A RESOLUTION AUTHORIZING THE CREATTON OF A FUTURIS PUBLIC ENTITY

INVESTMENT TRUST AND A RETIREMENT BOARD OF AUTHORITY AND

AUTHORIZING THE BOARD OF AUTHORITY TO ADOPT AGREEMENTS

RELATING TO THE TRUST
WHEREAS, the City Council (the "COUNCIL") of City of Folsom ("Employer") desires to establish a trust to be used for the purposes of: (i) investmeni and disbursement of funds inevocably designated by Employer for the payment of its obligations to eligible employees (and former employees) of Employer and their eligible dependents and beneficiaries for life, sick, hospitalization, major medical, accident, disability, dental and other similar benefits (sometimes referred to as "other post-employment benefits," or "OPEB"), in compliance with Governmental Accounting Statement Nos. 43 and 45; and (ii) investment and disbursement of excess funds held by Employer for future use in connection with any lawful purpose of Employer, as further described herein; and
WHEREAS, Keenan & Associates ("Keenan") has presented the "Futuris Public Entity Investment Trust Program" (the "Program") as an altemative for accomplishing the above objectives and the Council desires to engage Keenan and other necessary parties to assist in the process of establishing a trust (the "Trust") for these approved objectives; and WHEREAS, the Council has the authority and desire to establish a five member Retirement Board of Authority for the Trust (the "Board of Authority"), which shall serve at thE pleasure of the Council, to have the authority to engage other necessary providers of services in connection with the Program, including the adoption of the Trust, the appointment of a fiduciary trustee and custodian, as well as to make any and all other decisions in the name of and on behalf of the Employer with regard to the Trust and other applicable agreements; and WHEREAS, the Retirement Board of Authority shall be es[ablished and have the authority to make decisions regarding the implementation of the Trust; and WHEREAS, the City Council may designate the title and positions of people to serve on the Retirement Board of Authority; and
WHEREAS, the Ciry Council is authorized to establish powers, rights and responsibilities vested in the Board of Authority for purposes of implementing and operating the Trust; and
WHEREAS, the Futuris Public Entity Trust is created by a vote of the Board of Authority and execution of an Adoption Agreement; and
WHEREAS, Keenan and Associates participated in a Request for Proposal process and was selected by staff based on experience and qualifications to assist with the presentation of options for a tnrst and to assist the City in administering the Futuris Trust; and Resolution No. 8187
Page I of4 I

01/11/2022 Item No.3.

WHEREAS, the Futuris Trust requires an initial trustee be designated to perform a number of duties on behalf of the tnrst, including the maintenance of the trust, investing of funds consistent with the investment policy set by the Board of Authority and other duties as providod by agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom as follows:
l. The powers, authority and membership of the Board of Authority are attached in Attachment I to this Resolution.

2. The Retirement Board of Authority is authorized to approve the Futuris Trust Administrative Services Agreement with Benefit Trust Company in a form substantially similar to that attached as Attachment 2 to this Resolution.

3. The Retirement Board of Authority is authorized to adopt and execute the Futuris Public Entity Investment Trust Adoption Agreement in a form substantially similar to that attached as Attachment 3 to this Resolution

4. A Retirement Board of Authority is hereby created to esablish a Futuris Public Entity Investment Trust. The Board of Authority shall be authorized to act and be governed as set forth in Anachment 4 to this Resolution.

PASSED AND ADOPTED on this 8'h day of January 2008, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN
King,
ATTEST
Christa Schmidt, CITY CLERK
Resolution No. 8187

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Howell, Miklos, Morin, Starsky, King
None
None
None

01/11/2022 Item No.3.

Attechmenl I to Resolution No. tl87
Rctircmcnt Board of Authority, Powca of Authority
Retirement Board of Authorlty
Powors of Authority
I . The Retirement Board of Authority shall meet periodically, for regular or special meetings to be held at the time and place which has been designated from tirne to time by the Retirernent Board of Authority. The meetings shall be open to the public, except in $rose cases where closed sessions are pcrmltted. The meetirtg shall be publtcly notlced and conducted as required by the Brown Act.

2. Decisions of the Retirement Board of Authority shall require an affirmative vote of at least a majority of the members of the Retirement Board of Authority present at the meeting.

3. The members of the Retirement Board of Authority shall receive no compensation for serving as members of the Retiremsnt Board of Authority.

4. The members of the Retirement Board of Authority are authorized to take any and all other actions as they deem necessary and appropriate to carry out the purposes of Resolution No 8187 including the execution of any and all applicable agr€ements to implement the Trust and to caffy out the purposes of the Prograrn as otherwise described therein.

5. The members of the Retirement Board of Authority shall review and approve an Invesbnent Policy Statement developed by the Trustee through consultation with the invesbnent manager selected by the Trustee, which shall provide the guidelines for invcstment of funds and-assets centributedby.the.Employer to.the Trust. The RetirementBqard.p-f Auihsq$!s-- .. further authorized to amend the Investment Policy Statement from time to time as it shall determine appropriate bascd upon consultation and advice received from the Trustee and the investment nranager.

6. The Trustee shall have the authority to cause any or all of the assets of the Trust to be commingled, if the investment and the issuance of suoh inves[nent thereof would be exempt under the provisions of Sections 2(a)(36),3OXl) or 3(c)(l l) of the Investment Company Act of 1940 or Section 3(a)(2) of the Securities Act of 1933, with the assets of trusts created by others, causing such money to be invested as part of a common and/or collective trust fund;and

7. The Retirement Board of Authority shall provide information and copies of investrnent statements and other similar reports regarding the Tnrst and its applicable investment performance to the City Corurcil on a not-less-than quarterly basis.

8. The Retirement Board of Authority shall consist of the Mayor, One Council member annually appointed by the Mayor, the City Manager, the Finance Director, and the Human Resource Director.

9. The City Attomey shall serve as legal counsel to the Board of Authority.

10. The City Clerk shall act as the Secre@ to the Board of Authority.

Resolulion No. 8187

01/11/2022 Item No.3.

Attachmont 2 to Resolution No.8187
Fuhris Trusl Administrativc Scrviccs
Agocnont (Drai)

FUTURIS

TRUST ADMINISTRATTVE SERYICES AGREEMENT
This Trust Administrstive Services Agreement ("Agrecuenf'), dst€d this 66 day of Fcbruary, 2008, (the "Effective Dato") is betweon Bene,f,t Tlust Company C'BTC") and Clty of f,'olsom, Calfornia ("Employer") with refcrencc to thc following:

A. Generrl hrrooses. The Employer has duty adopted resolutions authorizing the formation of a Board of Authority (tho "Bmrd of Authority") with responsibility for thc exccution of an adoption agrgcment (hereinaftcr thc "Adoptlon Agrecment", attachcd as "Exhibit A"), to establish and maintain a trust, as formally described and cntitled on the Adoption Agreement to adopt the Futruis Public Entity Investrncnt Trust (hereinaft€r the '"frust"), atached as "Bxhibit 8", to be used by governmedal and public entity employers for the funding and payment of $reir obligations undcr employoe benefit plans (thc "Plan") that providc rctircc health and othor post-cmployment bcnefic (rcfcncd to as "OPEB Liabllldes") to eligiblc employccs and thcir dependonts, and for other purposcs dcrcrmined to be appropriatc by the Employers. The Board of Authority is also authorized to appoint BTC, as truEt€c, and for adequate consideration, BTC othcrwise agrces o perform services specified herein.

B. Servlcep PJo$ded Bv BTC. Upon thc signing of this Agreemcnt, BTC will have becn dccmed to have executcd thc Trust as attachcd hereto and during the terrn of this Agrcement, BTC further agrees to $erve as a discretionary lrustee, with fiduciary oversight and autlrority over thc opcrations and managcment of the Trust as specificd thcrcin and relatcd to the following:
--r. -€ompttance3T9sffil-adffif-a@lcable-' - -'
documsnb and amendments, and cootributions received from the Employer in Trust in a manner intendcd to comply with the requirerncnts of Scction l15 of the Intcrnal Revcnue Code (the "Code"), as amcndcd, and other applicable lcgal guidclincs, including Governrnenul {sgeunting Standards Board Statcment Nos. 43 and 45 and sush othcr embodying regulations thercunder, as well as applicable provisions of state law that govem the investment of excess funds for approved govern rnental purposes.

Melntenance of Separate Accounts. BTC shatl establish within the Trust a fund, or funds as applicable: One separate fund, or funds, as applicable (the 'Tenefit tr\rnd"), shall bold funds irrevocably designated for the payment of retirce hedth and welfara bcnefits or other sirnilar OPBB Uabilities, including applicablc fees and cxpen$es, a$ reportcd and impacted by applicablc legal requirements, including Governrnental Accounting Sandards Board Statement Nos. 43 and 45. A separate fund, or funds, (rcfened to as the "G€neral lihnd"), may be used for any lawful purposc determined by Employer. The disburscment of any monies from either the Benefit Fund or the General Fund (as dcfined in the Trust Agreement and referred to collectively hcrein as "Accounts") shall only bc made by BTC as provided for and in accordance with the rcrms of the Trusr Resolution No. 8187

2.

01/11/2022 Item No.3.

Attechment 2 to Recolution No. 8187
Futuds Trust A&ninistrativc Scrviccs
Agrccmart@rai)
3 Crutodlan. BTC shall servc as thc custodian, or shall have the authority to dolegatc the responsibility for sarnc to a sub-cuslodian, as applicablg ofall acsots of &e Trusu, !o which it shall retain responsibility for the titling and owncrship (including regis8ation of assets in nominco name, if rcquired under applicablc law) of all conributioru, camings or other asscts held in the Trust" In such capacity, BTC shall receivs contributions from the Employer and shall further ogr€o to ollooato all oontributiono to ono or moro Accounts as deeignatld by thc Bmployer, including allocation into onc or more Benefit Fund and/or Gpneral Fund Accounts withio thrcc (3) business day following the latcr of thc date such cootributions were receivcd or the date on which the BTC is notified whe're sush frrnds arc to be allocated. ln such capacity, BTC shall hold all Trust funds in tho dcsignatcd Accounts and allocatc any income earncd thorcon in thc manuer sct forth by thc terms of tho Tnrst. If the Trustec or any sub-custodian receives any contributions or other amounts from the Employer aftcr any applicablc trading deadlinc or receives such contributions without any further designatioo of the arnount or Accounts to which sucb amounts should bc allocatcd, or the auocation instructions are inconect, the Trustee shall doposit all such amounts rcccived to the General Fund in a dofault investment vehicle establiehed by the Trust, until the Employer's invesunent direction can be properly completed. If' after a period of thirty (30) days tha Trustce is unable to obtain revised inctructions from the Employcr, the Trustec shall reum all such previouslydepositcd amounts to the Employer, i ncluding allocated eamings therein.

Inves0nent Management and Monitoring.
-autSority+er- --
BTC shall havo ovorsight and
a) Appoint and monitor an investment manager (the "Invcstnirent Mauagct''), who shalt be selectcd by BTC to havc discretionary authority and responsibility to mutage the Accouuts, and shall have full invsstment authority and discretion, oo bctralf of the Accoun6, !o purchasc, soll and tradc in sccurities ofall t1pos, including cash and cash cquivalcnts, in euch amounts, at such pricos, and in such rnanner as it may dcem advisable, subject to applicable laws, including applicable provisions of any goveming statc laws or regulationg, as well as this Agreemcnt, the esabtished lnvestment Policy Statement approvcd by the Board of Authority, and such other guidelines, policies and restrictions applicable to each Fund Account;
Assist in the preparation aod establishmcnt of a writtcn Trust InvcsEnent Policy Statement for Board of Authority approval;
Maintain authoriry and access, as well as thc ability to dclcgate the authority of sams, to all Accouots and applicable uansaction infonnation to monitor the operatious of the Trust and investrnent of the Accoung in accordance with Inve.stment Policy Statement requirements; After consultation with the Eoard of Authority, BTC shall terminatc and replacc the Investment Managcr under circurnstanccs and procedurcs 4 b)
c)
d)
Resolution No, 8l 87

01/11/2022 Item No.3.

Attechment 2 to Resolution No.8187
Puturis Trust Administrrtivc Scrviccs
Agccmcnt (Draft)
outlined in thc Trust 8nd separatc investment manqgemcnt agreement betwcen BTC and the lnvesuuent Msn8ger.

5. Accoundng and Rcporting Tranrac'tions. BTC shall maintain accruate rccotds of all financial transactions in accordancc wittr *rc writrcn terms and conditions of the Trust. Unless circumstancos dictatc othcrwise for which the Board of Aurhority would bc duly notified, acoount ctatomonts will be m8iled or delivered to Board of Authority no more than twcnty (20) business days after the valuation period ends.

6. Customer Servlcc. BTC shall providc customcr scrvice support that shall includc:
a) Internet Accoss to Accounts. BTC shall providc the Board of Authority wilh s@ure, online, 24-hour a day, Intemct access to Trust accouot financial information that shall include daily access to dl assets held in ffffi,ltfffi Hl":T$s1:T,'ffi ';ff :ffi T'iilfljt::.htund b) IiH:ff l;'L:iE3ff^iff i"*i"?i"#ll:f m-,ffi,t#r "
provide and maintain adequate staff, to receive tclcphone inquirics and respond to questions from the Board of Authority or any authorized representative of the Employer. BTC representativcs will cithcr make cver:y reasoDahle effort.fo-respondlo any qnaslioltsiLinqujries or shall rcdirect such questions or inquiries to the appropriate party for frrther rcsPonse.
c) Mcetings and Telcconferences. BTC shall make itself available, on an as nceded and commercially reasonable basis, to meet with or participarc in applicable teleconference cornrnunication with the Employer, Board of flff;T#;ff ';l,?ffi fi trH:'*1;:l?.H:fr ::"Jiffi,1ffi :
are deemed neccssary betwccn thc partics shall bc anangcd for a mutually agreaable time, with BTC's costs of travel-related cxpeuditures being paid by the Tnrst, or the Employer as specificd by the Employor's Authorizcd RoPresantative.

7. BTC Duty of Care. [n exercising its discrctionary dutias and responsibilitics as Trustcc as otherwise sct fonh herein, BTC shall act in accordance with the Uniform Trust Codq as amendcd, including the obligation to administcr the Trust as a prudent person would, by considering the purposes, terms, distribution requircments, and other circumstances of the Trust, and through exercising reasonablc care, skill and caution dictatcd undcr the then-existing circumstances.

C. Addltio,qlrl Servlces. In addition to the services othenvisc provided as referenccd above, BTC shall perform other services as agreed to in advance and in writing bemeen the parties Resolution No. 8187

01/11/2022 Item No.3.

Attrchment 2 to Resoludon No. 8187
Futuris Trust Administrativc Scwiccs
Agrccmcnt (Draft)
(with such sorvicc,s and applicablc fccs being dotcrmined separately as dclineatcd on the Fcc Schedule and any Addendum attachcd hcrclo as "Exhibit C), which may include:
1) Administratioo and processing of benefrt claims from the Plan Adminisuator, as it rclates to Bcncfit Fund assets;
2, Preparation of Bmploycr-rcqucsrcd reports, other than those gencrally providcd pursusnt to this ASrecment;
3) Specializcd cur;tomcr gervicc, othor than thc sc.rviccs to be provided pursuant to this Agrecment;
4) Maintcnance of other specialized Employer records bcyond those spccificd within this Agreemcnq atd
5) Such other gcrvicas agfeed to bctween the partics.

D. Resnonsibilitics of the Bosrd of Authorltl. Druing the term of this Agreement, the District and/or thc Board of Authority as appHeablc based on binding rcsolution or othcr similar authority as comrnunicated to thc Trustee by the applicable party, will be rarponsiblc for the following Trust administration activitics:

Exocule and adopt thc lerms of the Trust, through signing of ttre Adoption Agrecment, as well as adopt the Investment Policy Satoment, a samplc of which is attached as "Exhibit D", and provide copies of such documents to BTC and Investment Managcr.

I

2. 3.

4. 5.

6. Facilitatc any efforts and processes necessary to ensure thc Plan Administrator -+xsente+epplieable-nrittca{gr€cm€atc providingalry roquired consen[-te- compliance with thc tprms of tho Trust or any other corresponding documentation.

Detcrmine thc amount of any annual contributions and deliver contributions and allocation instructions to BTC in a tirncly manncr in accordancc with Trust provisions and applicable state or fcdcral regulations.

Hold periodio meotings of thc Board of Authority, for the purposc of rcviewing investment performance and compliance with Investmcnt Policy Snrcment guidelines, as well 8s sngagc in annual review and analysis of any applicable modifications !o the Invcstment Policy Ststement through mcetings and discussions with the Investment Manager and Trustee, as applicable.

Provide on a timely basis any n@essary Plan participant information to BTC to include personal identification information (inoluding eocid sccurity numbers), iu formats specified by thc BTC, as well as all other information as requircd for BTC or any delegatcd lnvestment Manager to porforrr senriccs under this Agreement.

Providc names of individuals authorizcd to act on bchalf of the Trust in writing, including all applioablc Plan Administrators and their Authorized Resolution No. 8187

01/11/2022 Item No.3.

Attachment 2 to Resolution No.8187
Futuris Truct Administrativc Scrviccs
Agrccmcnt (Dra8)
Represoutatives, as woll as notify BTC aod th€ Invcstrncnt Manager iu writing of any changcs as soon as a sucoessor is desigpated.

BTC and any dologated Investment Manager shall bc entitlcd to rcly upon the accuracy and completcness of all information firrnished to them by tbc Board of Authority or by any person designatcd to act on behalf of the Board of Authority.

Should BTC or any delcgated Investrnent Manager commcnce work at the direction of Board of Authority prior to receipt of the signed Adoption Agreemeot, Board of Authority shall accept and ratify all actions akcn by BTC or the Investment Manager to the extent such actions are consistent with the direction of the Board of Authoriry or the DisricL as applicablc. Aoy crrors or noncompliance that arise thcrpfrom shall be correctad as otherwise set forth in this Agrecment.

E. Fees for Trust Admtnistm$gp ServlcE, Board of Authority will pay BTC (including applicable fees to be paid to lnvestment Muragcr by BTC) the fces and othor allowable expensc$ s€t forth in the Administrativo Fcc Schedule Addendum anached to lhis Agrecmcnt as "Exhibit C". Subject to thc mutual agrecment between the parties, BTC and the Invcstment Manager retain the right to changc fees for service from time !o timc upon 30 days written notice to Board of Authority. In the event tho Board of Authority rcjects a fee changc by sending written noticc to the Tnrstee prior to the date such fce changc is to become effectivc, either ttre Trustco or the District may immediately tcrminate this Agreement without pcnalty.

F. Resoonsibllitv for Errors: Indemnlficadon
I Board of Authority will promptly notify BTC of any enors or omissions in information supplied by Employer, its agent or othcr represcnEtives. In euch GVGrt, BTC's sole obligation, to the exclusion of any othcr obligatioo or remedy for damage or loss, including special or conseguential damages, shall be to use its reasonable efforts !o correct any rcsulting enors in any information, records or in any reports it has proparcd for Board of Authority (including filing amended returns, if required), or any olher errors that havc been identifted by the Employor or its representatives.

BTC and its officers, dfuectorc, ernployees and other rcpresentatives (collectively rsferred to as a "BTC Indemnified Pcrson") shall be fully protected and indemnified, defended and held harmlcss by Employer, in relying upon information, direction or instructions reccived fiom an Authorized Representative as provided in the Trust" which instnrctions or directions BTC reasonably believes to be authentic and issued by an Authorized Representative. Should it bccomc neccssary to pcrform some act bcreunder and there is neither dircction in the Trust nor information or instructions from the Board of Authority, thc Employcr on file with BTC relating thereto, and if no such information or instructions can bc obtained after reasonable inquiry, BTC shall have frrll power and autbority to act in BTC's discretion, consistcnt with the purposes of the Trust and its role as tnrstee. This indemnification will protcct a BTC Indemnified Person from all 7 2.

Resolution No.8l87

01/11/2022 Item No.3.

Attechmont 2 to Resolution N0.8187
Futuris Trust Adninisc*ivc Scrviccs
Agrccmcnt @nfr)
3 lo$ses, claims, damagos, liabilitics aDd expenses incurred (including reasonable 8tlomeys fees and applicable court expcnditures rcsulting from BTC's actious 8s described in this Section F(2)), with such cos6 bcing paid by thc Employcr. In so acting or in following any iostructioos from an Authorized Reprarontative, BTC or any other BTC Indemnified Pcrson shall not bc liable oxcept to the extent that thc actions of BTC or any BTC Indcmnificd Person constitute fraud, bad faith' willful misconduct or gross negligcnce.

BTC, as the caeo may be, will indemnify dcfend aad hold harmless the Employer' thc Board of Authority and thcir offficers, directors, emgloyeos and other rcprcsentatives (anyonc of which is hereaftcr referred tro as 8n "Employer Indemnified Party") to the full extpnt lawful t0 protoct an Employcr Indcmnified Party from all losses, claims, darnages, liabilities and expcnses incuncd by an Bmployer Indemnified Party (including reasonablc fecs and disbursements of counscl including applicable court cxpcnditurqs) which are the rcsult of eithcr BTC's fraud, bad faith, willful misconduct or gross ncgligcoce. 4, BTC will corect at its own cxpcnse any errors in the records and reports prepared and atuibutablo to their errors, but BTC shall not otherwise ba responsible for special or cousoqucntial damages, nor shall it correct any such cnors for which the Board of Au0roriry has knowledge but fails to properly and timely notify BTC in compliance witb applicablc law.

5. ln accordance with applicablc legal reguiremcnts, Board of Authority wiU .-"- ---+rosptly-sotifyJnvc$tmentllanafnftcrteseutemenUanofrnysroneeadc-.-.- or allegedly made in any requested radc of which Board of Authority has knowlcdge. The tradc will be assumod to havc been effected in accordance wi0t the original rcqu€st if notification is not given within requfued timeframes. [f a loss occrus as a result of a trade for which the Board of Authority has knowlcdgc but fails to properly and timely notify thc lnvestment Managcr of thc crror, Board of Authority will indernnify Invesment Manager with rcspcct to any los$ resulting from such trade.

Neither BTC nor InvesLment Manager will be liable for any loss to the Board of Authority, any Plan Adminierator or is Plan participants for failure or rcfusal of any transfer agent or investment sponsor to act upon investrnent instructions, or for any loss incurred due to thc inaccuracn incomplelenes8, or lack of timeliness of information received from the transfer agent gr investment sponsor' unless such losscs are caused by the instructions provided by BTC or Invcstment Manager as applicable.

Term
l. The "Term" of this Agreement shall commence on the Effective Date and shall continue until the date that is thirty-six (36) monhs from the Initial Funding Datc.

The "Initial Funding Date" is the first day of the month in which Employer shall

6. G.

Resolution No. 8187

01/11/2022 Item No.3.

Attechment 2 to Resolutioo No. 8187
Futuris Trust Adminislrativc Sctviccs
Agrccmcnt (Drai)

2. 4.

Resolution No.8187
Page l0 of4l
3 have funded thc Trust,
On each anniversary date of thc Initial F\rnding Date, ttre Term of lhic Agreemcnt shall automatically bc cxtendcd for an additional twelve (12) months' unless either party has givan thc othcr party 8t lcast ninety (90) days prior wrincn notice of iB desire to not extend the Tenu, in which cas€ the Tcrm of this Agrcement shall expire as of the datc set at the Initial Funding Date or the most recent anniversary date thereof.

Either party may terminate this Agreement during the Term of Ois Agroement upon the occlulencc of 8ny of thc following events:
(a) The material breach of tlris Agrecment by either party if thc breach is not curpd within 30 days (or such longer period as may reasonably be required to cure the breach, but not to excecd 90 days) of recciving notice of the breach from the non-breaching party;
(b) The Initial Funding Date docs not occur with twenty-four (24) months of lhe Effective Dats;
(c) The dissolution or insolvency ofeithcr party;
(d) The filing of a banlcruptcy petition by or against either party (if the petition is not dismissed within 60 days in the case of an involuntary _banbprcy or
(e) If either party reasonably intcrprets the application of any applicable law, rule, regulation, or court or adminisuative decisioo o prohibit thc continuation of this Agreement or causc a penalty !o eithcr party if the Agleement is continued.

Upon the termination of this Agpement and payment of any ouetanding fses and after egtablishment of any necessary reservc requirements as olhenrtise sct forth in the Trust, BTC will relinquish is trustes and custodial relationship as providcd for in the Tnrst, as well as providc Board of Authority with copies of trust accoundng records, if so requestcd in writing by Board of Authority. at any timc within seven (7) years of the date of termination of this Agteoment. Forms, procedures, softwarp, worksheets, chccklists and othcr processcs developed by BTC to perform $re services required under this Agreement arc the property of BTC and ar€ not cousidered the records of the Board of Authority. A fcc will bc charged bascd on tirne and cost to perform any work neossssry for the new tnntee to takc over the work performed at the request of the Board of Authority, such fce to be mutually agrecd upon by the parties in advancc of such work bcing pcrformed.

The above notwithstanding, if tho tprmination of this Agreernent is fte result of a dispute over fecs paid, or to be paid, to lhe Trustee as set forth under this 5

01/11/2022 Item No.3.

Attacbment 2 to Resolution No. 8187
Futuris Trust Adminisrativc Scwiccs
Agrcomart (Draft)
Agroemoot, in addition to thc dutics and responsibilities for trustec and custodial transfer s8 set forth abovg BTC shall providc copies of all rcports, rccords or accouot stalements otlrrwise to the Board of Authority, as rogucstcd, as wcll as shall retain I copy of such n:cords, r€ports and otber information pcnding the rcsolution ofany ongoing disputc rcgarding tbe fees paid, or to bc paid hereundcr.

H. Malntenance and Conflde4$alltv of Records
Books, Records and Employer Informsflon. BTC agrees o dre following with respcct to all Trust information, books and rccords and information provided by the Board of Authority !o BTC:
a) Retention-aJl4 Sgcruity of Documons glld Emplover Data. BTC shatl maintain copics of all exccutcd Tnrst rclarcd documenti, including tltc Adoption Agreement, writtcn dircctions of the Bmploycr or Board of Authority with respect to Accounts, Plan Administraor designations authorized signatory information, and the Employer's approved Invcstmcut Policy Starcmcnt, as well as shall use commcrcially acceptcd sandards in rctaining, backing up, storing and rccovery of any and all Employcr data and other electronic documentation in a sccure environment,
b) Safckeeoine.gf.Books and Recordt. BTC agre€s to maintain facilities and .- . --'prccedures.forthesafe&eephg of sll-documents,.recouds,"books,fil€c{ad.-. . other muerials relative to thc Trust aod transactions facilitarcd on bohalf of the Employcrs that participatc in thc Trust (collcctively, hc '.Books and Records"). BTC agrees to maintain such Books and Records for the duration of this Agreemont and not to destroy cuch Books and Records without Employer's prior wriuen @osent. Employer and any applicable regulatory body shall have reasonablc accees during normal business hours to such Books and Records. BTC shall provide all nccessary assistance in conjunction with any inspection or audit by any applicable regulatory body for no additional fccs, but thc roasonable out ofpockct expenses incurrri in connection witb such inspcction or audit shall be payable at thc cxpcnsc of thc Trust at llre time such expenses arc incurred in accordance with the tcrms of this Agreement and the Tlust thercunder.

Qonfidentiality of E.mployer Data. All data and information submitted by Employcr to BTC in connection with this Agreement or tho Trust ("Employer l)ata") is and shall remain thc exclusive proprictary information and propcrty of the Employer and shall bc considered confidential information. Employer Data shall not be (l) used by BTC other than pusuant !o this Agrecment or the Trust, (2) disclosed, sold, assignd lcased or otherwise providcd to ttrird partics by BTC except in connection with the provision of services o an Employer pursuant to this I
Resolulion No, 8187
Page I I of4l
c)

01/11/2022 Item No.3.

Attachmcnt 2 to Resolution No. 8187
Futuris Trust Administnlivc Scrviccs
furccmart(Dni)
2,
Agrecment, unloss Bmploycr or tho Board of Authority specificaUy authorizo the relcaec or disolosurc of such information; or (3) commercially cxploitcd by or on bchalf of BTC, its employecs or agents.

BTC shall take such steps 0s shall under tho circumetanccs be reasonable, prudent and appropriato to pro&ct and kocp confidcntial tho Employer Data and shall inform its cmployccs of thc confidential naturp of the Bmployer Dan. BTC agreos to causc each psrcon or ontity directly or indirectly controlled by BTC and the officers, employees and agents of BTC and each such conrolled porsoo or cotity to comply with tho confidentiality provieions of this Agreemcnl
Requlrcd Disdosure. In the event that BTC becornes legally compelled to disclose any Employer Data, BTC will providc Employer with prompt written noticc thereof in ordcr for Fmployor o spek I protective ordcr or othcr rcstriction on disclosure. If BTC is required to disclosc information aftcr Employcr has sought such protectivc order or other rpstriction on disclosure, BTC will fumish only that portion of the Employer Data that it is legally compelled to disclose and no other. BTC agrecs to regard and preserve as coofidential all records and other information relative to the Trust and will not, without written authority from Board of Authority, disclose to othcrs during the term of this Ageement or theroafter any such records or othcr information exccpt as required by applicable law, Howcvcr, should a court of law, govemrnental ag€ncy, participant/employec whether current or formsr (or attomey there of) request information that is otherwise legdly available, BTC shall be hold harmlees for inadvertently and -witheut @ien+questcd, J-ikeryise,Jrc{helLnot. ..
be responsiblc for and cqually hcld harmless for any other disclosue for which it is legally compelled o provide based on tbe action or inaction of the Employcr, thc Board of Authority or any of its representatives.

Records Inspection. BTC agrecs, during the term of this Agreement, all records maintained for the Trust shall be open to inspection and audit by Board of Authority at reasonable timos, and that such rpcords shall be preserved and reained for thc grcatcr of thr€e ycars aftcr thc rclatcd filing date or such othcr period as may bc required by applicablc governing regulations as in effoct from time to time. On a periodic basis, or if otherwise rcquired in accordancc with any legal requiremeot, BTC, shall engage an independent cortified public accountant whosE idontity and fees are approved by the Board of Authority with such approval to not bc unrcasonably wittthcld, to audit records and infonnation relatcd !o the Trust, with thg reasonable cost of such audit to bc paid for by the Trust. A copy of the report of such audit shall bc furnished to the Employer, the Board of Authority and to any other parties authorized to receive such information.

3. Resolution No. 8187
Page l2 of4l

01/11/2022 Item No.3.

Attechment 2 to Resolution No. 8187
Futuris Trug Adminisbativc Scrviccs
furccmcnt (Draff)
I. Other Pnovisions

2. Resolution No. E 187
Page l3 of4l
I Endru Agreemenf Amendmenl This Agreemen! as woll 8s thc attached Exhibits, including the Adoption Agroement, Trust, Administrativc Fee Schedule and any Addendum, as well as othcr applicablc schcdulcs and exhibits, if any, constitute thc cntirc agrccmcnt betwocn the partics with respect to the adminisration of the Trust and superccdcs all prior and contemporaneous agreemenls, rcprcscntations and understandings of the partios. This Agreemcnt may be amended and any provision hereof waivcd, but only in writing signcd by the party against whom such amendment or waivcr is sought o be enforced. The waiver by eithcr party hcrcto of a brcach of any provision of this Agrecment shall not operatc or be construed as a waiver of any otber subscqueut brpach. To the extcnt there is any conflict between the terms of this Agrccment and tho rcrms and conditions of the Trust, the Tnrst shall control any dispute arising therefrom.

Responsibilides of Parties. hr canying out th€ir r$ponsibilitics under this Agreement, BTC and Board of Authority shall at all times be subject to thc following requirements :
a) BTC and Board of Autrority shall act in accordance with applicable laws aod shall also act in compliance with the documents and instrumcnts governing the Trust, insofar as such documents and instnrmcnts arc consist€nt with the provisions of applicable statc law and any regulations -- -- .pro*rulgato4thereusder--frre Bsar4efAuthedqefunheragrce$thatjt- -. ..-- shall ensure it has all necessary authorities to contributo any applicablc funds to the Trust and shall have all nccessary authorizations to act on behalf of the Employer or the Plans to tho extent nccessary and in compliancc with Section 7.5 of thc Trust
b) To thc extent applicablc as it relates to Benofit Fund, BTC, the Investment Manager, as delogated, and Board of Authority shdl act solely in the interest of tho participants and thcir beneficiarics and for the exclusive purpose of providing bcncfits to participants and thcir bcneficiaries and dcfraying reasonable expenses of administering the Trust.

To tho exlent of all Trust asscts hcld within thc Accounts, BTC, thc Investrnent Manager, as delegated, and Board of Authority shall act witlr the care, skill, prudcnce and diligcncc under the circumstqncos then prevailing that a prudent pcrson acting in a like capacity ald familiar wittr such matters would use in the conduct of an enterprise of a likc character and with like aims, but shall also strictly adhere to other applicable sate law requirements related to the investment of excees fund assets.

Board of Authority shall have the responsibility for sclecting the investment asset allocation mixes to include in the Trust, afterreceiving c)
d)

01/11/2022 Item No.3.

3. Resolution No. E 187
Page l4 of4l
I
Attachment 2 to Resoludon No. 8187
Futuris Trust Administrativc Scrviccs
Agrccmcnt (Draff)
assistance from BTC and/or Investmcnt Managcr accordingly. The Board of Authoriry fi[ther acknowledges that past performancc is no guarantec of future pcrfonnancc of any investmcnts.

Force Mqieure, No party to this Agrcement witl be deemed to bc in default for any porformance, or delay, or failure o porform under this Agrecmcnt rasulting, directly or indirectly, from: (a) any govcrnrncnul action or inaction, labor disputcs, mechanical or electrical brcakdown, uty failurc of communication lincs, telephone or other interconnoct problems or unauthorized acoe$s, provided such failuro (i) is not ttre fault of sucb party; or (ii) could not be rcasonably conrolled by such party; or (b) any natural disasteq or (c) othcr events beyond thc reasonable control of thc parties; provided, furthcr, that such evcnts shall not be cxcused !o thc cxtent thcy can be obviatcd by the implemcntation of BTC's Busiuoss Recovery Plan.

Dispute Resolutlon. This Agreement contains a prc-dispurc arbiration clausc.

By signing an arbitration agreement the partice agr€e as follows:
a) All partics to this Agreemcnt are giving up thc right to sue cach othcr in court, including the right to a trial by jury, exctpt as providcd by the rules of the arbitration forum in which a claim is filed.
b) Arbitration awards are gencrally final and binding; a party's ability to have a court revcrse or modify ut arbitration award is very limited. c) The ability of the partics to obtain documents, witncss statomcntr and - -other-diseorory -is-generrlly {ner+Jimit€d-in-arbitcation-rh.si+4onL-- proceedings.
d) The arbitrators do not have to explain the reason(s) for their award. e) The panel of arbiraors will typically include a minority of arbirators who w€rc or are affiliated with the securitics industry.
0 The rulcs of some arbitration forums may imposo timc limits for bringing a claim in arbiuation. In somc caEqsr a claim that is incligible for arbiuation may be brought in court.
g) The rulss of the arbitration forurn in which thc claim is filed, and any amendments thercto, shall be incorporated into this Agreement.

No person shall bring a putativ€ or certified class action to arbitration, nor seck to enforce any predispulc arbitration agroement against any penlon who has initiatcd in court I putativo class action; or who is a rnember of a putativc class action who has uot opted out of the class with respect to any claims encompassed by the puiative class action until: (i) 0re class cartification is denied; or (ii) the class is deoertifred; or (iii) the customer is cxcludcd from the class by thc court, Such forbearance to enforco an agrecmcnt to arbitrate shall not constitute a waiver of any rights under this Agrecment ercept to the extent stated hercin.

With respect to controvensies or disputos which may arise betwccn you and us (including our affiliates, as well as the lnvestment Manager, as a third party

01/11/2022 Item No.3.

Attrchment 2 to Resolution No.8187
Futurh Trus Administrativc Scrviccs
Agrccmcnt (Draft)
bcneficiary of this Agreemcnt, having tho right to enforce any of the parties' obligations hcroin) under this Agrcoment conccrning nutt€rs involving allcged violations of the Adviscrs Act or applicablc statc invcstmcnt advisory laws, it is understood that the Securities and Exchangc Comrnission and various state secruitie.s regulatory agoncies bclicvc that an agroemcnt o submit disputcs to arbitration does not constitutc a waiver of any rights provided under the hvestrnont Advisers Act or applicable state investment advisory laws, including ttre right 0o choose a fonm, whether by arbitration or adjudicatioa, in which to sesk thc resolution ofdisputcs.

Arbitradon Provision:

Nohvlthstandlng &e precedlng paragraph, you sgrce that any and all dlsputes that may erise between you and us (including our rfflllateg as well as the Invesonent Manager, ac a thlrd-party beneflclary of this Agrecment with rlghts to enforce any of lhe pardcs' obllgndons hereln) concerning any transactton or the construcdon, performence or breeel of thig Agreenent or any other rgreement between us, whether cnteDed into prior to, on, or subsequent to the date of thls Agrtemcnt ehgll first be rddressed by good faith negotietions between you and us. In the event either party determines that they are not able to resolve the dlspute through negotiodon, then the dlspute shall be determlned by arbitradon conducted before, and only beforr, an arbitrsdon panel set up by the Amerlcan Arbltradon Assodation ('5AAA') in accordance with their arbltradon prucedures. The pardes shall . -attcrapt-tcagreenpen-enearbltrcter.to-hcrrJbcna$er.--If{hcac}tic&€+G-. unrble to so agree, Gtch party shdl appolnt one arbitrslor and tbe two srbitrators so appolntcd shall tn Orrn cboosc a third arbltrator. If the arbltratons drcen by the partles csnnot sgneo on the cholce of a thtrd arbltraSor within a pcriod of 30 dryo eller their nominaffon, then the thftd arbitrator shall be appointed by the Precldent of the AAA. Elther you or we may lnltiate arbltraflon by flllng s wdtten clalm wlth the AAA. Any srbltration under this Agrcement shall be conducted pumuant to the Federal Arbltredon Act and the Laws of the State of CaMornis.

Any arbitradon brought under &is section shall be before a single rbltrator ln Sacramento County, Callfornta.

Notlce. Any notice under this Agreement shall be given in writing by certified mail, return rcceipt requestd to the address listed bclow.

5. Resolution No.8l87
Page l5 of4l

01/11/2022 Item No.3.

Attachment 2 to Resolution No. Elt?
Futuris Trust Administrativc Scrvices
Agrccmcnt (Draff)

6. Employer:

Address of Nodce:

Cityof Folsom
50 Naoma Strect
Folsom, CA 95630
Commencement Date. This Trust Adminisrativc Serrrices Agrecmont shall commence as of thc date first written above.

By:

By:

By:

By:

By:

By:
.BTG;-.

Address of Notice:
-Bcncfi++rust€empan'+
5901 Collegc Boulovard, Suitc 100
Overland Parlq KS 66211
Scott W. Rankin, Senior Vice hesident
Resolution No. 8187
Page l6 of4l

01/11/2022 Item No.3.

Attecbment 3 to Resoludon No. tl87
Futuris Public Entity lnvc3tmcnt Trust Adoption
Agrccmcnt (Draff)

FUTURIS
PT'BLIC EI{TTTY II{VEST}TENT TNUST
AIrcPTION AGREEMENT
Ctty of Folson, Cellfornia ("Employer'), through its authorizcd Board of Authority hereby elects to adopt the terms of the Fururis Public Entiry Investmsot Trust, which shall be formally known as thc Futuris Public Entity Investment Trust (hereinafter referred to as the '"frust"), attached hereto and incorporated by reference, as of Fsbruary 6, 2008 (the "Effective Date"). The fiscal year of the Trust shall be the l2-month period beginning July I and cnding June 30.

Unless provided othcnrise in writing by the Employer in any Board Rcsolution or other similar written designation, the Board of Authority agrecs and shall bc considcrcd as "Authorizcd Represcntativss" to act on behalf of thc Employcr in compliancc with Scction 7.5 of theTrust.

The Board of Authority further agrees to cstablish its applicablc lnvestment Policy Statement" a sample of which has been provided, which shall be adhered to and administcrcd by the Trustco in accordance with the tcrms of thc Trust. Relatcd to the lnvestment Policy Statement, the Truetee shall have the authority to caus,e 8ny or atl of the assets of the Trust to bc --somndnglcCiFthe-invc$tm€sg-andthciseusncesF$eh-inrreemsnsahercef..urotrl4Se exc&p!- uodcr thc provisions of Sections 2(aX36), 3OXl) or 3(c)(l l) of the Investmcnt Company Act of 1940 or Section 3(a)(2) of the Securitiqs Act of 1933, with thc assots of truss crpated by othcrs, causing such rnoney to be invested as pafi of a comrnon and/or collectivc trust fund.

IN WITNESS WHEREOR the Board of Authority, on behalf of the Employer, each person signing this agrccmont represerts and warrants that he or she had the authoriry to bind such parti€s and hereby adopts thc Trust on thc 6th day of Fcbruary, 2008.

BOARD OF AUTHORITY
By:

By:

By:

Resolution No.8l87
Page l7 of4l
By:

01/11/2022 Item No.3.

Attechment 3 to Resolution No.8187
Futuris Public Entity lnvestncnt Trust Adoption
Aerccmcnt (Draft)
By:

Resolution No.8187
Page l8 of4l

01/11/2022 Item No.3.

A,ttechment 4 to Resolution No. glgT
Futuris Public Eotity Invcstncnt Trust, Trust
Agccmcnt

FI,ITT'RIS PIJBLIC ENTTIY INYESTMENT TRUST

TRUST AGREEMENT
THIS AGREEMENI, also referred to as the'Fuhrris Publlc Endty lnvestment Trust" (hereinafter the'oTrusf'or "Agrecmenf') is made and hcreby cxecut€d by and between the organization specificd on the Adoption Agreement attached hereto, I governmenul or public entity employer (hereinafter'tmployer"), and Bene0t Trust €ompany, a Kansas Corporation as trustee and asset custodiur ('Trustee"). This Agrecment shall be effective as of thc Effective Datp set forth below.

WHEREAS, Employer desires to estrblish a trust to be used for the purposes of: (i) inv€strnent and disbursement of funds irrevocably designated by Employer for the payment of its obligations to eligible employees (and former employees) of Employer and their eligiblc dependents and beneficiaries for life, sick, hospitalization, major medical, accident, disability, dcnul and other similar benefits (somctimes referrad to as "other post-employment benefits," or "OPEB"), in compliance with Governmental Accounting Statement Nos. 43 and 45; and (ii) investment and disbursement of excess funds held by Employer for future use in conncction with any lawful purpose of Employer, as further described herein; and WHEREAS, Employcr is a public entity, and hereby wishes to establish this Trust as an integral part of Employer's governmental purpo$e$, pursuant to a trust arangement that is tax exurnprundurafficablrguidarcozudarocedurssurderSection-ll5 ofthc€odc;' - NOW, fimREFOR4 in considcration of thc prcmises and of the munral cov€nants contained herein, Employcr and the Trustee agree as follows:

ARTICLE I

DENNTTIONS

1.1 Adoption Agreement. "Adoption Agreemcnt" shall mesn the Adoption Agrcement entered ino by the Board of Authority, who has been authorized by thc Employer to adopt this Trust for thc purposes specified herein.

1.2 Beneflt Fbnd. "Beneftt Fund" shall mean the portion of trust fund assets that are irrevocably designated by Employer for the purposc of funding dcsignated OPEB obligations, and any applicable fees and expsnscs ofEmployer under one or rnoro Plans adoptcd by Employer.

1.3 Board of Authority. "Board of Authority" shall mean the Board of Authority created by resolution of thc governing body of Employcr, consisting of one or morc voting members appointed by Employer and serving at the will of Employer, having the power and authority to make all decisions required to be made for the Trust on behalf of Ernployer, as describcd in this Tnrst, except for any decisions of the Employer as required under this Agreement. The members of the Board of Authority may be appointed, terminated and rcplaced by Employer using such Resolution No. 8187
Page l9 of4l

01/11/2022 Item No.3.

Attechment 4 to Resolution No.8187
Futuris Public Enlity Invcstmcnt Trus! Trust
Agecmcnt
procedures as Employer shall spccify by rcsolution of its govorning bodn wi0r thc initial Board of Auttrority bcing designatcd by thc Employer through board resolution or other similar mc8ns.

1.4 Code. "Code" shall mean thc Internal Revenue Code of 1986, as amcnded.

1.5 Effective Dste. "Bffectivs DEtc" shall mean the Effectivc Datc spccifrcd in the Adoption Agreoment executed by Employer,

1.6 Gcneral Flrnd. "General Fund" shall moan that portion of trust fund assets that havc been depositcd into the Trust for investment of erccss funds held by Employer for futurc use in connection with any lawful govcrnmeotal purpose of Employcr.

1.7 Investnent Mrnrger. "InvesEnent Managcd' ehall mean thc indepcndent rpgistered investment advisor appointcd by Ore Tnrstce pu$uant to the authority provided to the Trustee in Section 5.1 of this Agrccmont.

1.8 Invesbnent Pollcy Statemen0 "Invcstrnent Policy Statement" shall mean the invcstrnent guidelines for the General Fund and the Benefit Fund, as approvcd by the Board of Authority, and as such lnvcstment Policy Statcment may bc amended from timc to time. The Invesuncnt Policy Statcment shall esablish the investment guidelines and authority related to the investment of Trust assets by tle Inv€stment Managet subject to the terms of the Trust.

1.9 Participant. "Participant" shall mean any employea or formcr employee of Employcr, or any depcndent or beneficiary of such an cmploycc or formcr cmploycc, who is or shall be cntitled to OPEB liabilities thereunder.

1.10 Plan. "Plan" or "Plsns" shall mean each plan adoptcd by Employer that includes or iirovidcs for the paymeii,r 0f OPEB-liabilfties-@ Pfficipmts rh-acccrdailse'wtttfdre lermrof the - Ptan. Each Plan shall be limitcd to providing life, sick, hospitalization, major medical, accident, disability, dental andi/or othcr similar benefits to Participants.

1.11 Plan Adminlstrator. "Plan Administrato/'shall bc the person orentity dcsignatcd to administer each Plan that pays bcncfits funded by contributions made to the Benefit Fund, as set forth in each such Plan. The Plan Administator shall have thc sole authority to provide directions for withdrawal or other disbrusement of funds held in the Benefit Fund. t.l2 Trust. "Trust" shall mean ttre trust established by this Agreemcnl

1.13 Tnrs0ee. '"Trustee" shall mean the person or entity appointcd and acting as Tnrstec of thc Trust in accordance with the terms of this Agrecrncnl The initial Trustec of thc Trust is Benefit Trust Company.

ARTICLE II

PURPOSE ANI' ESTABLISHMENT OF TRUST
2,1 Establishment of TrusL Employer horeby dcposits with Trustce, in Trust, a sum of moncy or othcr similar consideration, which ehall bccome the principal of ttre Trust, to bc held, administered and disposed of by the Tnrstcc as provided io this Trust Agreement. Thc principal of the Trust and any eamings thereon shall be held scparate and apart from other funde of Employer and shall bc uscd exclusively for &e uscs and purposes herein set forth.

Resolution No. 8l 87

01/11/2022 Item No.3.

Attcchment 4 to Resolution No. 8187
Futuris Public Entity lnvcstmcnt Trusl Ttust
Agr.cmonl
22 Purposcs ol the Trust, Ths Trust shall be for the purpose of receiving, hotdiug, invcsting, reinvesting and disbursing, for lhe benofit of the Participants in connection with assets held in the Bencfit Fund, and for thc beoefit of Employor with respect to the assets held in thc General Fund, the monies or propcrty conuibutcd to or otherwise rcceivcd by thc Trustec, in accordance with thc provisions of this Agreement. As set forth in Scction 5.1 of this Trust, the Bcnellt Fund and the Gencral Ftmd shall bc establishcd sod rnaintaincd at rll timcs as two scparate and distinct investment funds. The Trust shall sonsist of all rescnes or monies comprising assets that may include any insurancc policy assigned by Employer to the Tnrst, as well as any and all contributions furthcr dcscribcd under Article III bolow, and all cash, securitios, propcrty, and assets of whatcver kind and natutp, owned, held or otherwise acquired by the Trusrce pursuant !o the Trust, and all earnings thereon. To thc extcnt of any assets held within the Benefit Fuod, no pan of the principal or income of the Trust held within the Benefit Fund shall be paid, or revsrt, !o Employer, or bc used in any tnanncr other than for the exclusive benefit of the Participanrs in connoction with the payment of OPEB obligations, including applicable fcqs and cxpenses, of Employer under tho tcrms of the Plan, as dc@rmincd by thc Plan Adminisuator or unless provided for undar Article X below. Accordingly, the Trust holds only barc legal title to thc Benefit Fund, and neithcr the Trust nor Employer own or hold any equitable interest in the Benefit Fund.

ARTICLE IU

CONTRIBUTIONS

3.1 Contributlonr. Employcr may from time to time make contributiont to the Trust, in such ' aniounts as EmployEf s[-all tGEiriiinc hie'appropiEte.'fmpfdyEiTFallAE5i$naFinwTi6n$to thre Trustee at thc time of each contribution whother thc amounts so contributcd shEll be deposircd into the Benefit Fund or the Gcneral Fund, and the Tnrsrcc shall cnsurc ttrat cach contribution is dopositod into the fund designatcd by Employer. To the pxtent tlnt any Plan pcrmits contributions to be made by Participants to fund OPEB obligations, including tlrc cost of applicable fees and expenses, of Employer, all such contributions shall bc de.signated solcly for the Beneftt Fund, and such contributions, along with all eamings on such Participant contributions shall be roflectcd as Participant contributions in all books and records mainained by lhc Trustoe. All contributions shall be made in cash or in the forrn of such other propcrty as the Trustce may from tirne to time doem acceptable and which shall have been delivered to the Trustee. The conEibutions so received, logether with the incorne therefrom and any other increment thereon shall bo held, invested, rcinvested and administcred by the Trustce pursuant to thc torms of this Agrecmcnt. The Trustes shall not bc responsiblo for or have any obligation rclated to, the timing or collection of any contribution, the allocation of any contributcd amount, or any applicable earnings thereof, between thc Benefit Fund or Gcneral Fund unless desigrratcd by Employer and provided for hercin, or the calculation or payment of any bcnefits under any Plan. For any contributions rcceivcd after any trading deadline, or if the Employer fails to provide proper instructions for thc allocation of any amounts to be contributcd to cithcr the Benefit Fund or the General Fund, or such instructions ar€ incomplcte or incorrect in a manner that pr€vents the contributed amounts from bcing investcd in thc desircd manncr, the Truslec, or its designated sub-custodian, if applicable, shall deposit such amounts in the General Fund, to be held in a Short-Term lnvestrnent Fund (the "Default Fund"), or such other similar account Resolution No,8187

01/11/2022 Item No.3.

Attachment 4 to Resolutlon No.8187
Futuris Public Entity Invcstmort Trust, Trusl
Agrccmcnt
comprised of cash, bank notes, corporate notes, govemment bills and other various short'term debt instnmcnts that arc dccmcd appropriatc by the Trustee and/or the Invcstment Managcr until euch timc as the Employor's investrnent direction can be proporly completed. If, afier a period of Orirty (30) days the Trustee is unable to obtain reviscd instructions from thc Bmployer, thc Trustee shall return all such previously-deposircd amounts !o the Employer, including allocatcd earnings therein.

3.2 Compliance with Laws. The Trust is establishcd and maintained solely by Employcr as an intcgral part of its govcrnmenlal purposes. Thc Trust is therefore intended to satisfy all reguircments of ttrc United Srates Departnront of Treasury pursuant to Section I 15 of thc Code.

Except to the extent of withdrawals permined ftom the General Fund as provided in Articlc tV below, and conections made with respcct to contributions madc in error as pcrmitted in accordance with Articlc X bolow, all contributions rnade to thc Tnrst and the earnings thereon shall be retaincd in thc Trust until the samc shall have bccn futly paid out in accordance with thc terms of this Agecment. Undcr no circumstancos shall any amounts hcld in ths Benefit Fund bc used for any purpos€ other than thc paymcnt of OPEB obligations of Employer pursuant to the tcrms of such Pians dosigrrated by Employer. Under no circumstanses shall any amounts hcld in thc Goneral Fund be used for any ptupose other than a lawful govcrnmental purpose as determined by Employer in accordancc with applicable law'

ARTICLE IV

WTIIDRAWALS

4.1 Wtthdrawals from Benefit tr\nd. Ihe Plan Administrator, or its Authorized Representative, a,$ further dcscribed in Section 7.5 hereof, of cach Plan desigrratcd by Employer for firnding tbrough the Benefit Fund is the sole party authorized to withdraw or othcnvise direct the Tnrstee to make disburscment of amounts from the Benefit Fund and such amounts shall not bc withdrawn except for the purpose of payiog OPEB-related liabilities for cligible Plan participants, contributions made by enor or mistake in accordance with Article X below, or bocause the applicablc OPEB liability has been fully funded or resolved; any exc€{ts Bcnefit hrnd assets that remain shall be returned to the underlying Plan(s) as dircctcd by tho Plan Administstor. Under no circumstances shall any Benefit Fund amount bc paid to or in any way revert !o the Emptoycr directly unless the arnounts contributed to tlre Bcnefit Fund by the Employer were made by mistakc. To the sxtent that there arc separate accounts maintained for each Plan within the Benefit Fund, each Plan Administrator is au0orized ooly to withdraw anounts designatod within thc Bcnefit Fund for funding of tho Plan adminisrcred by that Plan Adminisrator. The Plan Administrator $hall, from time to time and subject to the liquidity requirements and restrictions set forth within the lnvestment Policy Stat€ment, dircct thc Trustec to make paymcnts out of the Benefit Fund to the porsons or entitics to whom such paymcnts are authorizcd to be made in accordance with the terms of the Plan, in such amounts and for such purposes as are authorized uoder ihe terms of thc Plan, The Trustee shall not be respousible for determining whether withdrawals made by the authorized Plan Administrator arc authorized under the Plan, and shall be entitlcd to rely upon the determination of the authorized Plan Adminisraor Oat such withdrawals are in compliance with the tcrms of the Plan.

Resolution No. 8187

01/11/2022 Item No.3.

Attschmeot 4 to Resolution No. 8187
FuMs Public Entity Investment Tru$, Trust
Agrccmcot
4,2 Wtthdrawals from Generol f,bnd. Employcr is the sole party authorized to withdraw or otherwise direct the Trustee to make disburscment of arnounts ftom the Gcneral Fund. Employer shall be authorized, based on the direction of any Authorized Represcntrtivo, as further described in Section 7,5, to make wi0rdrawals or other disbursements from tho General Fund for aoy lawful govcmmental prupose, in such amount$ as Employcrshall dctcrmioe. Employermay make withdrawals of any anilount held in thc Gcnoral Fuud at any timc upon seven (7) busincss day's written notice to the Trustec, or such othcr period as rcasouably practicable under the existing circumstances and subjcct to 0re liquidity rcquircments and resuictions sct forth within the Investment Policy Statcment. The Trustes shall not bo responsible for dercrmining whethcr withdrawals mada by Employcr are authorized by Employer, and shall bc cntitled to rely upon the dotermination of Bmployer's Authorizpd Reprcsencative such withdrawals or othcr disbusements arp in compliancc with applicable law.
4,3 Transfer of Assets from the General Fund to the Benellt Fund. Employer may, within its discretion, authorize the ransfcr of trust fund assets ftom the Gcneral Fund to ths Benefit Fund at any time. Upon rccaipt of writtcn direction from Employar for thc transfor of tntst fund assets from the General Fund o the Bcncfit Fund, the Trus0oo shall as soon as rcasonably practicablg undertake a valuation of thc asscts contained within the Gcncral Fund and, to the extcnt sufficient assets arc containcd within ths Gcneral Fund to execute thc request for transfer of funds from the Gcneral Fund to the Benefit Fund, assign or othenpisc transfer the requested arnounts from thc Gcncral Fund !o the Benefit Fund, including the allocation of any amounts to any particular sub-account as directcd by the Bmployer. The Trustce shall not bc responsible for dcrermining whether withdrawals madc by Employcr arc authorized by Brnployer, and shall be entitl€d to rely upon the determination of Employer's Authorized Representative such with&awals or other disbursemeos are in compliance with applicable law.

ASser traiisfcis frdm'6-Ce-riatrl Fu:rrdt6 tlliFBbnefirFur{-dVill gbiierall-}i be-niaIF iir EiritllnToss the Tnrstee or dclegated Investmcnt Manager dctcrmincs that assets should be liquidated prior to the transfer. Under no circumstances may asscts of the Benefil Fund be transfened to the Geoeral Fund.

ARTICLE V
INVESTMENT OF TRUST IruNDS

5.1 Separate Invesbnent f,'unds. The Trust shall cousist of two separate and distinct investment fund programs !o be known as the Benefit Fund and the General Fund. Each of thcse Funds shall be separarcly held, muraged, administcred, valued, invested, reinvested, distributed, accountod for and othenpisc dealt with, in accordance with the provisions in this Agrcement.

Rcferences !o the Trust assets shall gcncrally bc decmcd to rcfer to both the Bcnefit Fund and the General Fund,
(a) The asseb bclonging to each ofthe Benefit Fund and the General Fund shall bc charged witb the liabilities in rcspect of tlrat Fund and all cxpcnses, costs, charges aod reserves to that hrnd. Any general liabilities, expenses, costs, charges or rcs€rves of the Trust Fund which are not readily identifiable as pcrtaining to any panicular Fund shall be allocarcd and chargcd by the Trustee to and amoog cach of the Funds in such manner and on such basis as thc Trustcc in its discraion deems fair and equiable, including the proviso that unless the Investment Policy Resolution No. 818?
Page23 of 4l

01/11/2022 Item No.3.

Attechment 4 to Resolution No.8187
Futuris Public Entity Investrnent Trust Trust
Agrc€mcnt
Satement specifrcally provides othcrwisc, allocablo oxpensos of the Bcnefit Fund may be paid from asscts containcd within thc Gencral Fbnd if otherwise prudent and allowable under cxisting authority. Fach allocatioo of liabilitiost cxpenses, costs, chargcs and reserves by ttre Trustcc shall bo conclusive and binding for all purposcs.
(b) Employcr may establish a scparatc Beneflt Fund for thc obligations r.rf Bmployer under cach Plan, or may providc a singlc Bencfit Fund for all obligations of Employer under all Plans adopted by Bmployer. Employor man by wrincn direction from time to time to the Trustee, add additional separate Bcncfit Funds or combine two or more separatc Benefit Funds, provided that the Plan Adminisrator for each Plan funded by thc Bcnefit Fund(s) shall provide ia writien conscnt to any such dircction pmvided by Employer, with applicable liabilities, cxpenses, costs, chargcs or other reserves bcing allocated in the manner ser forth in subsection (a) above.
(c) A Dcfaulr Fund shall bc established within the Genoral Fund undcr conditions eet forth undcr Article III above and bas€d on invcstment guidelines cstablished within the Investment Policy Statement.

5.2 Appointnent of Investsnent Manager. Ttre Trustpe shall, in the cxcrcise of its discrction ovcr thc investment of Tnrst funds, appoint a primary Invcstmcnt Managcr, who ehall have the au*rority to invos! rcinvest, scll and hold, through a qualified cuslodiao as rcquired by applicable law, all asscts of thc Bcncfit Fund and the General Fund in accordancc with the guidclincs established hcrcin. Spacifically, the Invegtment Manager shall bc rcsponsible for assistingthe Trustee in devehoping the-lnvcstruent Policy Sts@mcnrforrcvicw and apprwal by tbo Board of Au0rority, sclccting the invastments and/or portfolio mansgers to be used to implement thc investment stratcgicrs authorized by the Invcstnent Policy Statemcnt, as well as assisting the Board of Authority in selecting asset sllocation models for the Benofit Fund and thc Gcncral Fund and reporting on the performance of investmeots held in the Trust. The duties of tbe Investrnent Manager shall be fruthcr specifred in a written agrcement to be entcred into botween the Trustee and the Invcstment Manager.

5.3 Revlew and Approval of lnvestment Policy Ststement. The Trustee shall assist in developing an lnvestrnent Policy Statement for Employer that is consisrcnt with applicablc law, which is primarily to safeguard the principal of thc funds hcld in thc Trust. then secondarily m mcet the Trust's liquidity needs and thirdly, !o achieve a renrm on thc funds held in the Trust.

The Invesrncnt Policy Statement shall bc rcviewcd and approved by the Board of Authority prior to investment of any contributions received from Employer tro fund the Trust, other than tcmporary invcsunents in short-term obligations of the Unitcd States government. The lnvestment Policy Statement shall remain in effect until amended or superscdcd in writing by the Board of Authority. The Investment Policy Siatement shall providc for the investmsnt of assets of the Benefit Fund in a rnanner appropriate to satisfy thc cxpcctcd OPEB liabilities and liquidity requiremonts of cach Plan fundcd by the Boncfit Fund, and shall provido for investment of assets of thc General Fund in a manner appropriatc for the assets held in the General Fund and in compliance with the investment requirements of applicable law.

Resolution No. 8187

01/11/2022 Item No.3.

Attachmont 4 to Rccolution No.8187
Futuris Public Entity Invcstncnt Trusl Trust
Agraommt

5.4 Monltorlng of Inveshent Manager. The Trustee, or its designatcd agcnts or other reprcscn0atives, shall be rcsponsible for monitoring thc pcrformance of thc InvestmcntManager !o assure that iovcstruent dccisions are madc by tho Investmcnt Manager, and that the scrvicos provided by thc Invcstment Manager, are in compliance with tho tprms of the Investment Policy Statcment, the investmont advisory agreomsnt bctwocn the Tnrstoc and the Invcstmont Manager and applicable law. The Trust€e shall further bc responsible for rovicwing the overall performance of the Investment Manager reladve to performancc goals and obJectives specified in the Investment Policy Statement. Thc Trustee shall promptly notify Bmployer of any actions taken by the lnvestrnent Manager that thc Trustee determines to be inconsistcnt with the lnvestmcnt Policy Statement, the invesment advisory agrcoment between the lnvcstment Manager and thc Trustee, or applicablo law, and shall take such actions as are commercially reasonable to conect or recover from such actions as are prudent on bohalf of the Trust. 5,5 Termlnation and Replacenrent of Inves0ment Msnsger. trn the event that the Trustee dctermines that the Invcstrnent Managcr is not pcrforming its duties in accordance with the Investment Policy Stalement, the investrncnt advisory agreement with the Tnrstpe or applicable law, or that the lnvestrnent Manager is not satisfactorily meeting its performancc goals and objectives, the Trustee shall have full discretion !o tenninate and replaco the lnvestmcnt Manager. Throughout aoy corresponding transition period prior to or commensuate with the selection and delegation of investment management responsibilities to a sucoessor Investment Manager, the Trustee shall ensure that the assets of the Trust continue to be invested in the maoner the Trustee deems prudcnt and most appropriate under the circumstances then- prevailing, as long as in compliance with the general terms and conditions of the lnvesuuent Policy Statement and applicable law.
-5.6 '- Gblieihl I'fdirclary'Dufiai 6f fnisf€e. trr the plrfoimance oTits investrneht rclilt-ed functions under this Agrcoment, ttre Trustee acknowlcdgcs that, !o the exlent of its role 8nd responsibilities sct forth herein, it is a fiduciary to the Trust and to Employcr. The Tnrstoe agrees that it shsl act in accordance with thc Uniform Trust Codc, ag amended, and shall act with the care, skill, prudenco, and diligence under the circurnstances thon prevailing, including, but not limitcd to, the general economic conditions and the anticipatcd nccds of the Trust and Employer, to thc extent known by the Trustee, that a prudent person acting in a like capacity and familiarity with those matters would administcr the Trust and use and excrciso reasooable care, skill and cautioo, in the administrstion of thc Tnrst and perforrrance of investment related functions with rospcct to funds of a likc characler and with like aims, to safeguard the principal and maintain the liquidity nccds of the Trust and Employer. The Board of Authority shall bc entitled to rcly upoo the actions and decisions of the in thc pcrforrrance of ic dutie,s undcr this Agreement. Subject to the forcgoing duty of ttre Trustee, the Trustee shall not be liablc for any investrnent losses suffered by the Trust.

ARTICLEVI

GENENAL POWERS OF TRUSTEE
In addition to the speciftc powerc and duties of the Trustcc set forth in Articles III, [V and V, the Trustee shall have the following lpwers:
(a) to hold assets on behalf of the Trust in the name of Trustec for the benefit of rhe Trust;
Resolution No. 8187

01/11/2022 Item No.3.

Attachment 4 to Resolution No.8lE7
Futuris Public Entity Invcstmcnt Trus!, Trust
Agrccmenl
(b) to direct the lnvestment Manager or any delcgated custodiao, as appticablc, to sell assets of the Trust to the extent necc$sary to allow an authorized Plan A.lminisrator 0o malce a withdrawal ftom the Benefit Flnd or to allow Employer !o makc a withdrawal from thc Gcncral Fund;
(c) to arbitrate, detbnd, entbrce, release or settle any claim oforagainst thc Tnrsh (d) to the extcnt that the duty to volc proxies for secuities hcld by thc Tnrst is not dolegatcd to thc Invcstment Manager, to vo!c, in person or by proxy, upon all sccurities held by thc Trust;
(e) to the extent advised by the Investment Managcr consistcnt with thc Invcstment Policy Staternent, 0o cxercise, buy or scll subscription and convorsion righb and participate on behalf of securitias hold by the Trust in reorganizadons, rccapitalizations, consolidations, rncrgcrs, exchangan, foreclosurcs, liquidations and crcditon' and bondholdcrs' agreements;
(f) to do all such acts, take all such proceedings, and cxercise all such rights and privileges, although not specifically mentioned herein, as thc Tmstce may dcem neces$ary to administer thc Trust, provided that such actions or procccdings are not inconsistent with the terms of this Trust;
(g) to employ and pay from the assets of thc Trust rcasonable cornpeusation to agents, investnrenLceunscl aoC aUoraeysr accosntant$,or otftcr.sirnilar.parties, including aDy person, partnorship, corporation or othcr cntity with which thc Trustcc may be associated, for purposcs that the Trustcc dctsrmines to bc nccessary for the administration of the Trust, as well as any other parties the Employer or Board of Authority has engaged to provide rclated scrvices pursuant to a written agrcement;
(h) to withdraw from the Trust compensation and expenses payable o the Trustee in such amounts as are agreed to betwccn Employer and the Trustco undcr any writtcn adminisrativc servico agrecmcnt or othcr similar arrangcmcnt; and (i) to cxacub and delivcr all documcnts and instruments necossary for the administration of the Trust on behalf of the Trust.
0) the Trustec may cause any or all of the assets of the Trust to be commingled, to the extent such invcstmeot and the issuance thcreof would be oxcmpt under thc provisions of Sections 2(aX36), 3(bxl) or 3(cXll) of the Invc.smcnt Company Act of 1940 or Section 3(aX2) of the Securities Act of 1933, with the assets of trusts crcat'ed by othcrs, causing such money to bE invested as pan of a common anilor collective trust frrnd.

Resolution No, 8187
Page26 of 4l

01/11/2022 Item No.3.

Attachment 4 to Recolution No.8187
Fuuris Public Entity Invcstmcnt Trust, Trus(
Agrccmcnt (Drai)

ARTICLE VN

GENERAL I'UTIES OF TRUSTEE
In addition to the spccific powcrs and duties of the Trustec set forth in Articles III, w, V and VI, the Trustcc shall have the following duties:

7.1 General. The Trustee shall, in the performance of all of its dutics on bchalf of ttrc Trust, act solely in the manner dir€cted herein and dischargc its duties hcrcundcr with the catc, skill, prudence and diligencc under thc circurnstoncos that a pnrdcnt man acdng in a likc capacity and familiar with such matters would use in such circumstgnces.

7.2 Recor&. The Trustee shall kcep accurat€ and detailcd accounts and rccords of all investments, recoipte, disbursemcnts, and other transactions, including all separate sccounts and assots contained within thc Bsnefit Fund and Gcncral Fund accounts. For purposes of accounting and administration, the records of the Trust shall be mainained on a cash basis method. The Employer and/or the Board of Authority shall have the right to review and inspect all such accounts and othcr records relating thercto at all reasooablc times, as wcll as to rcqucst an audit of all Trust fund activitias.
73 Tnrstee Reports. The Trustee shall fumish to the Board of Authority quarterly repons, as well as an annual statemcnt of account, to be dclivered within thirty (30) days after the end of each quarter and within sixty (60) days aftcr the end of each calendar year, setting forth all contributions madc to thc Trust, including an account of the specific Fund to which such contributions werc made, all withdrawals from eash Fund urd all transfers from the General Fund totfiqBencfit Fund:-Fortresapur[xrscs,-unlcssotbcrwisc scated on the Employer'c Adoptioo Agroemcnt, the Employcr's fiscal year shall be considered as the l2-month period bcginning cvcry July I to Junc 30 of the following year.

7.4 Audtts. Tnrsteo sball assist Employer with the engagement of ao indcpendcnt certificd public accountant to audit the Trust undor such time frames and parameters specified by the Employer, with the cost of such audit to bc paid for by the Trust or by Bmployor as dete,rmined by the Employor. A copy of thc report of such audit shall be furnished to Employer, Tnrstee and such othcr pefilons as Employor or Employor's Authorized Rcpresentative shall designate. 7,5 Authorlzed Representatives. Employer and the Plan Administrator shalt ioform thc Truslee immediuely in writiog of the appointnent of any Authorized Reprcscntative to whom Employer or th€ Plan Adminisrator has givcn authorization to direct thc Trustec with respect to the Trust, or any other changc in circumstqnccs that could affect the Trustee's administration or management of the Trust. Generally, the Plan Administrator shall authorizetwo or more authorized signatories who may r€qucst withdrawals on behalf of the Plan Administrator and Employer shall authori?n lwo or more authorizcd signatories who may request withdrawals on bchalf of Employer. Subjcct to any requiromcnt of proof rcquired by Ore Trustee io vcrifying the idcntity of any Authorizcd Representatives, the Trustcc may rely on such designations and foltow any instructions of such Authorized Reprosculatives, whcther vcrbal, by faosimilo or in writing as though they were Ernployer's, or the Plan Administrator's instructions, as applicable, and the Trustee's business record entry of aoy directions by any of thcm shall be conclusive Resolution No. 8187

01/11/2022 Item No.3.

Attechment 4 to Resoludon No. 8lE7
Futuris Public Entlty Invrstmcnl Tnrst, Trust
Agccmcnt (Drai)
proof of the giving of such directions. Unless the Ernployer or Plan Adminisuator specifically directs othenpise, in the abscnce of any formal ootification of any other individuals who shall bc authorized to ast on bchalf of thc Employer or Plan Administrator, the Ttustcc may accept direction from any duly appointcd mcmber of the Board of Authority. Any transactions initiatcd by thc Trustce bcfore receiving actual notico of any changc witb respcct to (a) such Authorized Represeniativc(s) or their authority, or (b) the termination of thc TruBt, shdl bc valid and binding on Emplolor, the Plan Adminisrator, or thcir Euccosson and assips, and thc Trust.

7.6 Xlduclory Bonds. Trustee shall provide to Employcr evidence of a bond, surety or security, as maintained by the Trustcc, for any cmployec of the Tnrstee who works with or on bchalf of Trustoc in carrying out is duties and responsibilities relaed to tho Trust,

1.7 Compliance with Laws. The Trust€o shall administer tho Tnrst and all asscts invqsted hereunder at all times in confonnity with all applicable prcvisions of state and federal law, including spccific application of the Califomia Govcrnrncnt Code,

ARTICLE VIII

LIABILITIES AND IMMUNITIFS

8.1 Immunity of Employer, Tbustce or Other Fldudcries. Exccpt as otherwise provided by controlling law, neither the cstablishment of the Tnrst created hereunder nor any modification hercof nor the creation of any fund or account or the payment of any benefits shall bc constnrcd as giving to any cmployee of Employer or any beneficiary hereunder any legal or equitable right against Employer, any of.ficet directorrcmployoeor agpnt of{mployer, or agtdnst theTnrstee or any fiduciary, except as provided in this Agrccmcnt.

E.2 Indemnlllcadon of ?rutee. The Trustee shall be fully protectcd and indemnified by Employer and the Plan Administrator, in rpliance upon information, dircction or instnrctions rcccived from an authorized party as provided in this Trust which instructions or directions the Trustoe reasonably believcs to be authentic and issucd by an authorizcd party. Should it become neces$ary to pcrform some act hcrcunder and there is neither direction in this Trust Agreement nor information nor instnrctions from Employer or Plsn Administrator on filc with the Trustec relating thereto, and if no such information or instructions can bo obaincd after reasonable inguiry, the Trustee shall have full power and authority to act in the Trustce'discretion, consistent with thc purposes of this Trust. In so acting or io following any instnrctions from an authorized party, the Trustec shall not be liable except to the extent that the actions of the Trusrce conscitute fraud, bad faith, willful misconduct or gro$s negligence.

ARTICLE D(

RESIGNATION, REMOVAL AND SUCCESSION OF TRUSTEE
The Board of Authority may remove the Trustee, and the Trustce may resign as Trustec of the Trust, with proper notice and undor time franes and criteria cstablished through a separatc administrative service agreoment, or other similar agreement, bcnvccn thc Board of Au&ority and the Truste€, or absent the signing of such an agresnent, at any time in thc Board of Resolution No. 8187

01/11/2022 Item No.3.

Attesbment 4 to Resoludon No. tl87
Futuris Public Eotity tnvcsttncnt Trust Trust
AEccmcnt (Drafr)
Authority's discretion with or without cause, upon sixty (60) days' prior writlen notice to $e orher parry, Upon the resignation or removal of tho Thrstpc, the Board of Authority shall appoint a succcssor Trustce who shall havo the eame powers and dutios as thosc confcrrcd upon the Trustcc herzunder. Upon acceptance of sush appoinuncnt by the successor Trustee, the Trustec shall assign, transfar, and pay over to such succcssor Trustce the funds and propertics then constituting the asscts of the Tnrsl No successor Trustec shall bc subject to any liability or responslblllty wlth rcspect to any act or omission of any prior Trustcc.

ARTICLE X

CORNECTION OF ERRORSI

10.1 Mtstake. Any mistake in any payment or in any direction, certificatc, notice or other documcnt furnished or issued by Employer or by thc Trustpe in connection hcrewith may be corrected when thc mistake becomcs known, and Employcr may direct any adjustmcnt or action that it deems practicable undcr thc circumslanccs to remedy the mistakc. The above notwithstanding, thc Trustee must be propcrly notifiod of any mistakes or othor correction requesls within prcscribed periods and time limiations as prescribed under applicablc law.

10.2 Refund of Contrlbudon Made to Ore Bcnclit Fund, No conribution made !o the Bcnefit Fund may be rpfunded to Employcr unless a contribution was made:
(a) Because of a misrake of fact; or
(b) Conditioned upon a continued favorablc looernal Revenue Service ruling and such favorable nrling is revoked or not obtained.

Any refirnd or other return of contributions undcr subscction 10.2(a) must b madc within onc (l) year ftom the darc the contribution was made and, any refund or return of conuibutions undcr subsections 10.2(b) must be made within onc (l) year from the datc of disallowance of tot qualification.

ARTICLEXI

AMENDMENT AND TERMINATION
1l.l Trust Amendments. This Agrecment may bc amendcd at any timc, in whole or in part, by thc Emptoyer, or other designatcd agcnt(s) as set forth by the Employer in writing. No such amcndmcnt shall bave the effect of diverting any portion of the Benefit Flrnd for purposcs other than thc funding of OPEB liabilities for which the aruounts held in Oe Benefit Fund has been irrevocably dcsignatcd for the exclusive benefit of the Participants. Furttrerrrore, no amendment shall be rnade or approved by the Employer that adds to or incrcasss the Trustce's duties or responsibilities without its prior written approval or consent. ll.2 Ternlnation of Trust. This Agreement may be tcnninated at any time by thc Employcr, or othar designated agent(s) as set forth by thc Employer in writing, and subject to applicable termination provisions of thc administrativo servicc agrccmcnt with the Trustee or as othenpise requirad under applicablc law. Upon such termination, the assots of tho Benefrt Fund shall Resolution No.8l87

01/11/2022 Item No.3.

Attachment 4 to Resolution No. 8l8Z
Futuris Public Entity Invcstmcnt Trust, Trusr
Agrccmcnt (Drnff)
continuc to bc hcld in the Trust until thc authorized Plan Adminismtor direcB the Trustec to pay such amounts in acsordance with Section 4.1 of the Trust,less any applicable resorving rcquircments as specified below. The assetc of thc Gcncral Fund shall continue to be hcld in the Trust until Employer directs thc Tnutco to pay such amounts in accordancc with Section 4.2 of thc Trust, less any applicable rcscrving requircments as specified below. In making such payrnents, thc Trustee nray reservs from thc assets in the Tlust such arnount as it shsll reasonably deem ncccssary tio provldd for any sums chargeable against thc Ttuut fur wlriuh tltc Truslcc tnay bc liable, or for payrnent of expenses in connection with thc scttlemcnt of is accounts and thc tcrmination of tbis Agreement as may be mutually agred in writiog by thc parties.

ARTICLEXU

MISCELLANEOUS
tz.l Protecdon Against Creditore. No amounts held in the Benefit Fund shall be subjcct in any way to alienation, salg uansfcr, assignmenq plcdge, attachment, gamishmeut, ex@ution or encumbrance of any kind on account of creditors of Employer, and any attempt to accomplish the sane shalt b€ void. All assets held in the Benefit Fund are held in trust irrovocably for ths sole benefit of thc eligible bencficiaries of each Plan fundcd by the Bcnefit Fund, and neither this Trust nor Employer has any equiublc or reversionary increst in the Boneftt Fund or the assets hold in thc Bencfit Fund. Employer is not a beneficiary of thc portion of tbe Trust which relates to the Benefit Fund. None of the benefits, payments, proceeds or claims of any cligible beneficiary of a Plan shall be subject to any creditors and, in particular, the same shall not bc subject to attachment or gamishment or other legal process by any crodilor, nor shall any such bcncftciirryhave ihe righi to iilicnate, urticipate, coinmutd, pled$o, cnburiber of assign any bf tlirc benefits or payments or prococds which such benoficiary may cxccpt to rpcsivc, contingcntly or otherwisg under this Trust or as otherwise rcquired under applicablc law.

12.2 Employment Not Affected. The terms of employment of any employec of Employer shall not bc affected in any way by the Trust nor shall this Tnrst be constnred in any way so as !o guarantse or extcnd thc employmcnt of any employee of Bmployor. t2,3 Corutruction of Tlust. This Trust shall bo construed and onforced according to the laws of the state of California, including applicable provisions of thc California Government Code, aod in accordance with applicable provisions of the Code. To the extent the terms of thc Trust are in conflict with the provisions of any other egrcement between the parties, thc terms of the Tnrst shall conuol.

12.4 Interual Revenue Service Determination. Thc Trustoe may submit this Agecment to tho Internal Rcvcnuc Service for a determination of its status as a tar cxempt Eust under Section I 15 ofthe Code.

12.5 Severable Provisions. If any provision of this Trust shall be held illegal or invalid for any reason, such deterrnination shall not affcct the remaining provisions of the Trust, t2.6 Headings. The headings of this Trust are for conveniencc only and are not substsntive terms of the Trust.

Resolution No. 8187

01/11/2022 Item No.3.

Attechment 4 to Resolution No.8187
Futruis Public Entity lnvcstmcnt Trust, Trust
Agrccmcnt (Draft)
lzJ Slngular snd Plurrl. Whenever ttrc singular of any t€rm is usod in this Agreement, it shall refer to the plrual of such as appropriarc under tho circumsanccs. 12,8 Notices. Noticcs to any party under this Agreement shall bc provided to such persons and at euch addrcssss as arc spccificd in thc Administrative Serviccs Agrcement betwccn Employer and theTrusrce.
t2,9 Arbitratton of Dlsputes. This Agreement contains a pre-dispute arbiuation clause and the parties agree as follows:
a) All partios to this Agrecment are giving up the right to sue each other in court, including ttre right to a trial by jury, except as provided by the rules of the arbitration forum in wNch aclaim is filed.
b) Arbination awards are gcnerally final and binding; a party's ability !o havc a court reversc or modify an arbitration award is very limitcd' c) Thc ability of the partics to obtain docum€nts, witness stalements and other discovory is generally more limitcd in arbiuation than in court proce€dings. d) The arbitrators do not have to explain the reason(s) for their award. e) The pancl of arbitrators will tlpically includs a minority of arbitrators who wcre or are affiliated with the eecurities industry.
f) The rules of some arbitration forums may impose timc limits for bringing a clairn in arbitration. In some casss, a claim that is ineligiblc for arbitration may be brought in coun.
g) Thc rulas of the arbitration forum in which the claim is filcd, and any amendments thereto, shall be incorporatod into this Agreement.

No person shall bring a putative or certificd class action to arbitration, nor seok to enforco any pre-dispute arbitration agreoment against any person who has initiated in court a Putative class action; or who is a member of a putative closs action who has not optcd out of the class with rcspect !o any claims encompassed by thc putadve class action until: (i) the class certifrcation is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the clas by the court. Such forbearancc to enforce an agrccrnent to aftiuate shall not constitute a waivcr of any rights under this Agreement except to the extent stated heroin.

With respect to conirovcrsies or disputcs which may arisc bctwecn each party (including any affiliates, as well as thc Invesuncnt Managcr, as a third party beneficiary of this Agrccmeng having thc right to enforce any of the parties' obligations heroin) under this Agrcement conccming matters involving alleged violations of thc Adviscrs Act or applicable starc investment advisory laws, it is undorstood that thc Securities and Exchangc Commission and various statc sccurities rcgulatory agencies believc that an agrocment to submit disputas to arbitration does not constitute a waivcr of any rights providcd under the Investmest Advisers Act or applicable state investment advisory laws, including the right to choose a forum, whether by arbitration or adjudication, in which to scek the resolution of disputes.

Resolution No. 8l 87

01/11/2022 Item No.3.

Attachment 4 to Rcsolutiou No. 818?
Futuris Public Entity lnvcsgncnt Trusq Trust
Agrccmcnt (Dnft)
Arblqsdon Prcvlslou:

Notwithstrndlng the prccedlng paragraph, all pertoc agreo that any end all dlsputes that may arlse betwcen each psrty (lncludlng auy afilllates, as well as thc luvcctnent Mlnager, as e thlrd.party benefldary of this Agreement wtth rigbts to enforce any of the parties' obllgatlons heruln) concernlng eny transrcdon or the constructlonr perforrnance or brcsch of thls Agreement or rny other agreement lrctwcel the prrtle.q wheller eutc&il lrr&r prlur to, on, or cubsequent to the date of thic Agrcemenf rhall 6rst be sddresscd by good laith negotiadoru between each psrty. In the event elther party determlncs that they are not sble to resolve the diepute througb negotiadoq then tbe dispute shrll be debmined by arbitration conducted bdorc, and only beforc, an srbltrction penel6et up by the American Arbitradon Assoclrdon ((AAA") in ocrordancc wlth their crbltration procedures. The parties stratl attempt to ogree upon one arbltrator 3o hcrr 3he matien If the parties ere unable 0o so agroe, cach party shall appotnt one arbitrator and the two arbltrators so appointed shall ln hrrn choose a thlrd arbitraSon If the arbitrators drosen by the pardes cannot agnoe on the choie of a thlrd arbitrator withln r period of 30 days after their nominadon, tben the third arbitrator shall be appointed by the President of lhe AAA.

Either pafty msy inidate arblbafion by nling s written claim with the AAA. Any arbltration under thls Agroement shall be conducted pursurnt to the Federal Arbitretlon Act and the Laws of the State of Ca[fornis.

Any arbitration brougbt under this socdon shall be before a single arbltrator ln Sacramcnto County, Californis.

12.10 Bindlng Effect of Adopdon Agreement This Agreement shall bc binding upon Trustee, Employer and the Ptan Administrator, as applicablg upon execution and delivory by the Board of Authority to Trustcc of a duly sigped Adoption Agrocment, together with copies of authorizing resolutions of Employer and its govcming authority thereof.

Resolution No. 8187

01/11/2022 Item No.3.

Att chmsnt 5 to Resolution No,8187
Invcstmcnt Policy Statcmcnt (Dr8n)

INVESTMENT FOLICY STATEMENT
The purpose of this lnvestrnent Policy Statemcnt is to cstablish a comprchensivc strategy for thc acceptance and accumulation of investcd assots undcr the Fbturls Public Entity Invesbrent Trust (the '"fruet"), which has bccn adopted for usc by (thc 'Employer") for, among othcr things, o assist the Employor in mecting applicablc funding rcquirements for the paymont of future retiree health and welfare obligations and othcr post- employrnent bcnefit obligations (genenlly rcfenel to as 'OPEB Ltablllt/), but m8y also be uscd to fund other purposes rplatod to excc86 funds of the Employer as allowable under applicablc law.

This Invcstment Policy Statement shall be consistcnt with thc governing law, including the Internal Revenue Code of l9E6 as amendod from time to time (thc "Code"), applicable provisions of Governrncntal Accounting Standarde Board Statsment Nos. 43 and 45, Califomia laws, including applicable provisions of thc Califomia Govemmcnt Code.

TRUST FT'NDING STATEMENT
The purposc of the Trust is to provide a uniform method of investing contributions and earnings of all conributed amounts betwcon funds depositcd within thc BcncfitFund or the Gcncral Fund, as those terms ar€ defined within the Trust. The Trust shall be funded primarily by contributions made by the Employer, but may also include other contributions rnade by any Participant as determined noceosary and appropriate undcr applicable circumstanccs and in compliance with underlying legal requirements. These contributions shall be remittcd to the Trust on a discrctionary basis, as determined by and through the direction of the Bmployer, or such delegated Trust.

BOARD OFAUTHORTTY
Thc Board of Authority (the "BOA") is dircctly rcsponsiblc for thc implcmentation and ovcrsight of this Investment Policy Statemcnt This responsibility includc.s the selcction and ongoiog evaluation of investments and/or investment manage$ in accordance with applicable laws and regulations. Howevcr, thcse investment responsibilities may be delegated to an authorized third- party trnstce. In this case, thc BOA has appointed Benefit Trust Company ("BTg') as Discrctionary Trustce and Trust asset custodiatr, who may furthcr dcsignate and delogate any corresponding hvestment Maoager responsibilities as sct forth below. On behalf of the Trusq and as approved by the BOA, BTC shall administer 0ro assets of the Trust in such a mannor that the investments are:

Resolution No. 8l 87

01/11/2022 Item No.3.

Attachment 5 to Resolulion No.8lE7
Invcstmcnt Policy Slitcm€nt (Draft)
r Pnrdenq in consideration of thc statei purpose of the Trust, any undcrlying Plan and in accordancc with Califomia Governrnent CodG Sections 53600.3 and 53622, as applicable;
o Divcrsified; among a broad rangc of invcstnent alternative$; r Permitted; in accordance with thc terms of the Trust, any applicablc Plan document and in aocordance with California Govemment Code Section 53601 and other applicable rcquiremcnts;
e Selected; for the exclusivc bcncfit of thc Plan participants as it rolatcs to the Beneftt Fund, or as othcrwise dEcmcd appropriate for thc purposcs set forth by the Trust.

The abovo Dotwithstanding, the BOA retains the rcsponsibility to ovcrsoc thc management of he Trust, including BTC's, or any su@€ssor trust@'s, rcquircment that invesEnents and assets held within the Trust continually adherc to the requircments of California Government Code Section 53600.5, that spccifics that trustec's primarily role is to preserve capital, then mainain sccondary rcsponsibilitics for investment liquidity and thirdly, to invcstment yiold.

DELEGATION OF TNVESTMENT AI)VISORY REQIITREMENTS

AND INVESTMENT MANAGER SDLECTION CRITERIA
In compliancc with applicable provisions of the Trust, the Trustee may delegato its responsibilitiss over the investment of Trust fund asscts to a primary investment manager, who shall have the authority to invest, reinvest, scll and hold, rhrough BTC or a qualified custodian as require.d by Califomia Govcmmcnt Code Section 53608, all assets of thc Bedeftt Fund and thc General Fund in accordance with the guidelincs established herein. In gcneral, subject to furthor specification hersin, the lnvestment Manager is given full discretion consistcnt with the investment objective of this portfolio. The asset aUocation of the pordolio between fixcd income and sash equivalcnts will vary according to thc Investment Manager's recomm€odations.

The selcction of an lavestment Manager, as that tprm is described in the Trust, as well as any other investment managers it shall further select, shall bc based on the following criteria:
r clearly defincd invcstment management style;
r disciplined approach to invessnent sclcction and adherence to any ststed sell discipline;
. long-termperfonnance;
o risk-adjusted performance rclative to manager$ with similar style; o analysis of invcstmcnt management expcnses with an emphasis on invcstments wittr no-loads, no rcdemption charges, and no transactions fees; and o ability to provide quality comrnunication material, including periodic performance, investment holdings, and description of investrnent sclection process.

The Investment Manager, or sny delegated investment managers, may bc lErminated and replaced under thc procedures established under Section 5.5 of thc Trust.

Resolution No.8l87

01/11/2022 Item No.3.

Attechmenl5 to Resolutiou No. 8187
Invcsuncnt Policy Ststcmcnt (Draft)

INI'ESTMENT OBJEETTVES
The Trust aurhoriz€s thc use of a broad range of invcstntcnt choiccs that have distinctly different risk and return charactsristics, with thc proviso that all investmcnts must continuo to adhore to tho undcrlying requircmcnts of California Government Codc Section 53600.5 an{ in particular, its ompharis on preservation of capital. More specifically, prescnration and protection of the Trust's capital is thc grridiog ruquiromcnt of thc Invcstmcnt Managcr, or mansgen that will manage eaoh portfolio to meet the guidclines satcd in thc California Govemment Codc 53600 and 53601, but that may also havo application of Soction 53622 as it pertains to the invo$hcnt of Benefit Fund assee.

To that end, tho primary invesdncnt objcctivc for all Trust investmeuts is:

Safetv of Prlncioal
The safety and risk associatcd with an investment refcrs to the potential loss of principal, inlerest, or a combination of these amounts. The Trust only opcrates in those investments that are considered vcry safe.

Prcservadon of Purchaslnq Power
Asset growth, exclusive of contributions and withdrawals, should excecd the rate of inflation in order to preserve the purchasing power of the Trust's assets.

The secondary, but also important invcstment objectivc is:

Growth of Capltal
Asset growth, exclugive of contributions and withdrawals, should also exceed tbe retum of the Local Agency lnvestmcnt Fund (LAIF) plus fecs on a congistpnt basis. If the investrnent policics of L,AIF should change, this objcctive will be re-evaluatod.

Asset growth, exclusive of conributions and withdrawats, should providc a rate of raturn compctitive with that of an index comprised of the tehman l-3 Year Govcmment/Corporatc Index and 90 Day Treasury Bills, while incurring similar or less risk than such inder. Growth of capital shall be expccted !o bc somewhat lces than that of a more aggrcssively structured discrctionary frxed income portfolio over time. c. Cash flow and assey'liability marching information will be made readily availablc to the Invcstment Managcr. Adequarc liquid cash should be maintained by thc Tnrst so that a forccd sale of longcr-lerm securitics at a loss is unnecessary to covcr chort-term cash needs. Thc overall program shsll be dceigned and managed with a degree of professionalism worthy of the public tnrst. losses are acceptable on a sale before maturity and should bc takcn only if the rcinvcstod procccds will earn a total retun grcater than would havc been by the old investrnent considering any capital loss or foregone intcrest on thc original investment. While active managernent of the account will be utilized to attain the highest rctums with the least amount of risk fic Invcstment Resolution No. 8187

A.

B.

01/11/2022 Item No.3.

Atttchm€nt 5 to Resolution No.8187
Invcstmcol Polioy Strtorncnt (Draft)
Manager should only buy securities that could bc held to maturity witbout loss to the Trust.

This having bccn said, the t1ryes and dtemativcs on invesunents that may be emphasized for asset allocation purpos€s rplarcd to investnrcnt of Tnrst e$sets nray be different' depending on whether the assets are invest€d in tho Benefit Fund (which contains contributed assets that are irrcvocably cornmittcd for the funding and paymcnt of OPEB Liability o eligibte participans of any underlying healttr plan) or whethcr they are held thc Gencral Fund (which contains contributed assets that have been deposited into the Trust for invesEnent purposes to bc uscd by the Employer for any lawful governmcntal purposo of thc Employcr).

In gencral, assots hcld in thc Bensfit Fund will bc for the primary purpose of mecting prescnt and future OPEB Uability obligations and may bc invcsted in accordancc with California Governmont Codc Scctions 53600 through 53622 that subject to applicable legal rcquiremcnts may provide gleater latinrde tro increase purchasing power and capital growth potential if decmed pnrdent !o do so.

However, with respcct to tho Goneral Fund, specific adhercnce must be givcn to California Govcrnment Code Scction 53@1, and any other provision of the Califomia Governmcnt Codc andor the Califomia Bducation Codc which restrict thc manner in which such funds shall be invested. In accordance with these invcstmcnt objoctivcs, asscts in thc Gencral Fund portfolio will be managcd in a morc conscrvativc manncr.

The above objectives are expocted to be achieved ovcr a minimum time horizon of 3-5 Years.

Given the cyclical nature of thc financial marksts, the success of the portfolio manager in achieving these goals should generally not bejudged in any shorter time period.

Ttrough the delegated responsibilities of the Investment Manager and, to thc cxtent necessaryl the Tnrsteo, the BOA determinos the target rcnrn that is applicable for this Trust as it relates to those asscts hcld in the Bencfit Ftrnd versus tbose held in the General Fund. The target retum may be moditied from timc to timc by amending the Appendix. Related to the investrncnts and the holding of invesunents themselves, thc Trustcc may cause any or all of thc assets of the Trust to be comrninglcd, to thc cxbnt such invostmcnt and the issuance thoroof would be exempt under the provisions of Sectioos 2(a)(36), 3(bxl) or 3(cXl l) of the Investmcnt Company Act of 1940 or Section 3(a)(2) of 0re Securities Act of 1933, with the assets of trusts created by others, causing such money to be invcsted as part of a conunon and/or collective rrust fund.

Moreover, for any investnents rcccivcd after any trading deadline, or to the cxtent the Employer fails to providc proper instructions for the allocation of any amounts to be contributed !o either tho Benefit Fund or the General Fuod, or such instructions arc inconplete or incorrect in a manner that prevents the confibutcd amount$ from bcing investcd in the desircd manner, the Trustee, or its designated sub-cusodian, if applicable, shall deposit such amounls in the Gcncral Fund, to be held in a Short-Tcrm Investment Fund (the "Default Fund"), or such other similar account comprised of cash, bank notes, corporate notcs, gov€rnment bills and othcr various short-term debt inscrumcnts as dictatcd herein or &at are deemed appropriate by the Tnrstee and/or the Investment Manager until such time as the Employer's investment direction can be properly completed. U, after a period of thirty (30) days and after reasonable attempts are made Resolution No. 8187

01/11/2022 Item No.3.

Attechment 5 to Resolution No.8187
Invcstmcnt Policy Statcrnont (Draff)
by thc Trustee to ascertain from the Employer tho conect Accounts to rcceive such contdbutions, the Trustce shall return all such previously-deposited arnounts to the Employcr, including allocated eamings therein.

PERIODIC ANALYSE AND EVALUATTON
The BOA and/or its designees shall periodically review investment performancc rcports that analyze the performance of the managers selected in each markot sector that take into consideration:
r adhcrcncc to applicablc legal constraints on capital preservation and investment prudcnce;
. consistency and adherence to stated invqstrnent managemenl stylo and discipline; o risk adjusted performance rclative to managcrs with similar style; . long-t€rm invesonent porformance rclativc to appropriate benchmarks; and r changes in investment personnel managing thc portfolio ETTIICS AT{D CONFLICT OF INIEREST
Officers, employees, utd agen6 involved in the invesunont proc€ss shall rcfrain from pcnonal business activitics that could conflict with propcr execution of thc inve.s0ncnt program, or which could impair their ability to make impartial decisions. Officerq ernployees, urd agents involved in the invesunent process strall abide by thc Califomia Govcrnmcm Codc Section 1090 et scq. and thc California Political Reform Act (Califomia Governrncnt Codc Scction 81000 et soq.)

AMENDMENT
The BOA shall have the right to amcnd this Policy, in whole or in parl at any time and from timc to time.

ADOPTION
The BOA hereby adopts the provisions of this trnvestment Policy Statement as of this -
day
of
-,2008.
(Representative of the Board of Authority) (Date)
(Representative of the Board of Authority)
Resolution No. 8187

(Datc)

01/11/2022 Item No.3.
(Rcpresentative of thc Board of Authority)
Attcchment 5 to Rcsolution No. 8187
lnvcslrncnl Policy Starcmont (Draft)
(Datc)
Resolution No. 8187

01/11/2022 Item No.3.

Attachment 5 to Resolution No. 8lE7
lnvcslmcnt Policy Strtcment (Drafi)
APPEIIIDf,K A: Torget Return
ln accordanco with the lnvcstmont Policy Stalcmcnt for thc tr\rhrrls hrblic Eudty Investnent Trust (thc 'fnr$t"), thc Benefit Fund shall ccck to achiove a long-range targct nct rcturn of %.

As statpd in the lnvestment Policy Statement, the investment options will bo cstablished to mect the diverse nceds of thc Trust and its applicable pulposes. Applicable provisioos and requirements of, in particular, the California Govemmcnt Code (speciflcally provisions under Sections 53600 through 53622, as applicablc) shall be cxamined beforc sclccting he investmcnt options.

Tho Board of Authority may, from tirne to timc, discuss with BTC the need to change invcstment options as conditions or charactcristics of the Tnrst, or applicable Fund rcquircments change. In thc cvent a change ie made, a now Appondix will be exccut€d to reflect the change.

Resolution No.8l87

01/11/2022 Item No.3.

Attecbment 6 to Resolutlon No. E18?
Fcc Schcdulc and Addcndum (DraS)
Fee Schedule and Servlce Addendum
Trustee.,9u,glojial qnd Communication Serviccs - Bcncfit Trust Company shall be compensaled for assumption of fiduciary rasponsibility, cu$todial services and for performing communication and othcr non-investrnent related serviccs, as specified in the Service Agreemeng ae follows:

Base Annual Fee $750
Asset Based Trustce Fee 0,24% (20 basis points) pcr annurn on the value of ttre assets held io uust. Asset based fecs will be assessed
monthly. At thc discrction of thc Board of Authority, fccs will be billed or collected ftom the Trust.

Rclationship Based Discount Based upon the vslue of the accounts hcld in 0rc Trust, a reduction in the asset based fse will be availablc to rpducc the trustec feo and applicd as follows (with such fee
assessmonts to beginning in the immediarcly following
month in which such asset volumes are accumulated):

Total Assets in Trust Asset Bascd.,Hee
>$10,000,000 0,18% (18 basis points)
>$25,000,000 0.16% (16 basis points)
>$50,000,000 O.l2Eo (12 basis points)
>$75,000,000 As negotiated, but in no event
grcater lhanA.l2%
Additional trustee and/or custodid scrvices may be provided as further specified below:

Services
N/A
Aoplicable Feo
Investment Managcment Fee: 0.175% (17.5 basis points) per annum on the value of the assets h€ld in trust. Asset based fecs will be assessed monthly. At the discretion of the Board of Authority, fees will bc billed or collected from the tnrst.

Resolution No. 8187

01/11/2022 Item No.3.

Attachment 6 to Resolution No.8187
Fcc Schcdulc and Addcndum (Dnft)
Cgmmon eDC/gr 9ollectivc Funds: 0.03% (3 basis pornts) pcr annum on the value of the assets hcld in trust to covor lhe costs of unitizing and administc,ring thc funds, plus a variable accounting fcc not cxpected to exceed 0.Ol7o (l basis point) per
annum on thc value of the assets held in trrust.

Resolution No. 8187

01/11/2022 Item No.3.

This page is intentionally left blank.

01/11/2022 Item No.3.
i,ili..'^i,lYl
Folsom City Council
Staff

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends the City Council approve Resolution No. 10781 - A Resolution Authorizing the Police Department to Accept a Sacramento Regional Office of Homeland Security Grant in the Amount of $149,820 and Appropriation of Funds.

BACKGROUND / ISSUE
Since 2016, the number of terrorist incidents involving vehicles driven into crowds has increased. Many terrorist organizations have advised followers to use whatever means possible to inflict damage including driving vehicles into crowded areas. The civil unrest and protests during 2020 and 2021 also gave rise to vehicle born attacks. To help curb the ability for vehicles to enter closed areas where pedestrians are gathered, concrete and water-filled barriers have been utilized. These barriers are cumbersome to put in place and are unable to completely stop vehicles.

The Sacramento Regional Office of Homeland Security for Domestic Preparedness receives federal funding for Urban Area Security Initiative (UASI) groups. The Sacramento UASI group has been allocated funding to purchase portable antivehicle barriers which will be deployed throughout the region to be used during events to limit the ability for vehicles to enter closed areas. The local UASI group has identified the City of Folsom to receive 16 of these barriers and a trailer to transport them. These barriers are more effrcient than concrete and water- fi lled barricades.
1 MEETING DATE: Ult12022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10781 - A Resolution Authorizing the Police Department to Accept a Sacramento Regional Office of
Homeland Security Grant in the Amount of $149,820 and
Appropriation of Funds
F'ROM: Police Department

01/11/2022 Item No.4.

The barriers offered through the Homeland Security grant could be utilized during any event where streets will be closed and pedestrians will be present (including but not limited to the California International Marathon, Folsom Live, and Christmas Tree Lighting events). The Sacramento Police Department has identified Better Barriers as the sole source vendor for the Meridian Defense Group Archer 1200 Anti-Vehicle Barrier System.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, supplies, equipment, services, and construction with a value of $62,657 or greater shall be awarded by City Council.

ANALYSIS
Having access to this type of vehicle barrier system allows regional public safety agencies the ability to rapidly deploy and set up safety areas during special events and road closures. Once on scene, this platform provides the ability to reduce vehicular assaults in a manner of minutes.

The City of Folsom currently utilizes Type II and Type III banicades, and water-filled barriers during special events. These items do not have the stopping power of the Archer 1200 Anti- Vehicle Barriers.

The City of Folsom would save $150,000 by acquiring these barriers through this grant instead of purchasing them with our own funding. The Folsom Police Department continually seeks funding opportunities to keep the citizens of our community and region safe. We have sought funding opportunities in the past to acquire these barriers but have thus far not been successful.

There are numerous potential terrorist targets both within and surrounding the City of Folsom.

Working with our regional partners, the Folsom Police Department would be able to deploy the 16 barriers to help prevent loss of life and property during both large- and small-scale events.

FINANCIAL IMPACT
There is no negative fiscal impact to the city as the Sacramento Regional Office of Homeland Security is granting the full $ 149,820 to the City of Folsom for the barriers and transport trailer.

An additional appropriation will be required in the Police Department Operating Budget in the General Fund (Fund 010) for these improvements and the grant revenue in the amount of $149,820.

ENVIRONMENTAL REVIEW
2 N/A.

01/11/2022 Item No.4.

ATTACHMENTS

1. Resolution No. 10781 - A Resolution Authorizing the City Manager to execute a grant agreement with the Sacramento Regional Office of Homeland Security for $149,820 to purchase sixteen (16) Archer 1200 Barriers, an Archer Field Tow Bar, 2 Archer Haulers, and an eight (8) Barrier Drop Deck Trailer

2. Meridian Rapid Defense Group Quote
Submitted,
Richard D. Hillman, Chief of Police
J

01/11/2022 Item No.4.

ATTACHMENT 1

01/11/2022 Item No.4.

RESOLUTION NO. 10781

A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT A

SACRAMENTO REGIONAL OF'F'ICE OF HOMELAND SECURITY GRANT IN THE AMOUNT OF $149,820 AND APPROPRTATION OF'F'UNDS
WHEREAS, the Sacramento Regional Office of Homeland Security has funds available to help local agencies upgrade infrastructure in response to terrorist and national security events; and
WHEREAS, since 2016 there has been an increase in attacks utilizing vehicles as weapons; and
WHEREAS, vehicle barriers deployed prior to special events and road closures can help slow/stop vehicles and significantly reduce the number of injured persons; and WHEREAS, the Meridian Archer 1200 Anti-Vehicle Barrier System has been approved as part of the 2002 Support Anti-terrorism by Fostering Effective Technologies Act (SAFETY Act); and
WHEREAS, the Archer 1200 Anti-Vehicle Barrier System can be quickly and easily deployed to manage risks associated with an act of terrorism; and WHEREAS, staff is requesting an additional appropriation to be added to the Fiscal Year 2021-22 Police Department in the General Fund (Fund 010) in the amount of $149,820 for this grant; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREF'ORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the Police Department to Accept a Sacramento Regional Offrce of Homeland Security Grant in the amount of $149,820; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate an additional $149,820 to the Fiscal Year 2021-22 Budget in the General Fund (Fund 010) in the Police Department as expense and grant revenue.

PASSED AND ADOPTED this llth day of January 2022, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10781
Page I of I
Keni M. Howell, MAYOR

01/11/2022 Item No.4.

ATTACHMENT 2

01/11/2022 Item No.4.

Quote177 E. Colorado Blvd, Suite 200
Pasadena,CA 91105
+1 8186414431
B Fields@me ridian-barrier.com
ot
MERItIIAN
RAPII) l}IFEIIST BRt]UP
Schedule 84
to,llrat: 4 TQSlVl I 9000 I t
OUOTE#
12102021-FPD

ADDRESS
Lieut Chris Emery
Folsom Police Department
46 Natoma St
Folsom, CA 95630
DATE
iinotzozt

SHIP TO
Lieut Chris Emery
Folsom Police Department
46 Natoma St
Folsom, CA 95630

QTYPRODUCT
I BanierTraller l$
Archer 1200 Banler
Archer Hauler
Archer &Banier Drop
D,eckTnller
Arrfier Fleld Tow Bar
Archer 1200 Banler
Archer Hauler
ln'Fleld ln*allation & Cerilfled
Trainlng
FrelghUShlpplng

DESCRIPTION
8 Barrier Trailer Kit
Archer 1200 Anti-Vehicle Barrier
Archer HaulerrM
Archer 8-Barrier Drop Deck Trailer
Archer Field Tow Bar
Archer 1200 Anti-Vehicle Barrier
Archer HaulerrM
ln-Field lnstallation & Certified Training
FreighUShipping to customers location
1 8
1 1
2 I
1 1
RATE
76,989.00
6,750.00
1,995.00
19,995.00
499.00
6,750,00
1,995.00
795.00
AMOUNT
76,988.00
54,000.007
1,995,007
795.007
PAYMENT TERMS:

Due to high demand levels, your delivery date will be
guaranteed with your 50o/. deposit so that your protection starts when you need it.

Accepted By

SUBTOTAL
TAX
TOTAL
Accepted Date
1 5,265.00 5,265,007
139,043.00
10,775.83
usD 149,919.93

01/11/2022 Item No.4.

This page is intentionally left blank.

01/11/2022 Item No.4.

Folsom City Council
Staff Re rt
MEETING DATE: utt/2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10782 - A Resolution Approving the Name of Prospector Park, Formerly Known as Neighborhood Park #3 in the Folsom Plan Area
F'ROM: Parks and Recreation Department

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council approve Resolution No. 10782 - A Resolution Approving the Name of Prospector Park, Formerly Known as Neighborhood Park #3 in the Folsom Plan Area.

BACKGROUND / ISSUE
Neighborhood Park #3 (NP3) is in the Folsom Plan Area (FPA) south of Hwy 50 on Mangini Parkway. It is located adjacent to Mangini Ranch Elementary School, which was recently completed. NP3 will be the first park designed and built in the FPA. Through a planning process that included input from the public, and approval by the Parks & Recreation Commission, a Preferred NP3 Park Master Plan was developed and subsequently approved by the Parks and Recreation Commission on September 22,2021, and City Council on October 12,2021.

Design development is currently underway for NP3 and it is the intent of the Parks and Recreation Department, Parks and Recreation Commission, and City Council, to establish a rulme for the park at this time.

The City of Folsom City Council approved a new park naming policy established by Resolution No. 10696, on September 14,2021 (Attachment 2). Resolution No. 10696 is a Resolution that rescinds and replaces the prior park naming Resolutions No. 5177 and No. 395l,by creating a new park and facility naming policy. The new policy provides more clarity and specific guidelines around name selection.

I

01/11/2022 Item No.5.

A call for names was issued in September 2020 and 16 rurmes were submitted. (Attachment 3) The Parks and Recreation Commission created an Ad-Hoc Park Naming Committee to evaluate the names with the intent to return to the full Commission with a recommendation.

The Ad-Hoc Committee met twice in October 2020 and had concerns with the existing guidelines as outlined in Resolution No. 3951 and Resolution No. 5177. Through many meetings with the Ad-Hoc Committee, the full Parks and Recreation Commission, and ultimately the City Council, the new Resolution No. 10696 was approved.

More recently, a call for names was issued in October 2021 and 12 names were received (Attachment 3). The rurmes from the September 2020 solicitation and the October 2021 were considered in the evaluation. In addition, staff submitted an additional 9 names that reflected the park theming, oogold rush/mining", which was approved by the City Council during the approval of the NP3 Preferred Park Master Plan.

POLICY / RULE
The Park Naming Policy, as adopted by Resolution No. 10696 - A Resolution to Rescind and Replace Resolution No. 5177 and Resolution No. 3951 to Create a New Park and Facility Naming Policy (Attachment 2).

ANALYSIS
The Ad-Hoc Subcommittee met on November 23,2021, to review the eligible list of names and arrived at a suggested name for NP3 with two options they felt appropriate for additional consideration by the full Parks & Recreation Commission. The prefened name presented to the full Parks & Recreation Commission was Tailings Park. The other names for consideration are Prospector Park and Diggings Park.

Tailings Park was submitted by a member of the community during the October 2021call for rurmes with the premise that this name had local historic significance. Prospector Park was a name that Commissioner Morales suggested during the Ad-Hoc Subcommittee meeting on November 23,2021. Prospector Park was meant as an homage to the gold prospectors who traveled to the area during the Gold Rush. Diggings Park was also a name provided by staff and is a shortened version of ooRhoades's Diggings Mining District", which was an area in the Folsom Plan Area where many miners found rich gold deposits. While Rhoades' Diggings was named after John Pierce Rhoades, a Missouri farmer who traveled to the Sacramento area in 1846, the Ad-Hoc Committee felt that this neighborhood park shouldn't be named after an individual in keeping with the new park naming policy. The name Diggings Park, however, is considered appropriate since the general area was claimed by many miners.

Staff presented the 3 park names at the December 7,2021 Parks and Recreation Commission meeting with Tailings Park identified as the preferred name. After some discussion, Tailings Park was not the preferred name as expressed by several on the Commission. Ultimately, the Parks and Recreation Commission voted and chose Prospector Park as the preferred name for NP3.
2 Page 86
01/11/2022 Item No.5.

FINANCIAL IMPACT
There is no financial impact to this decision.

ENVIRONMENTAL REVIEW
This action does not constitute a project requiring review under the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. Resolution No. 10782 - A Resolution Approving the Name of Prospector Park, Formerly Known as Neighborhood Park #3 in the Folsom Plan Area.

2. Resolution No. 10696 - A Resolution to Rescind and Replace Resolution No. 5177 and Resolution No. 3951 to Create a New Park and Facility Naming Policy

3. ParkName Submittals
Submitted,
Lorraine Poggione, Parks and Recreation Director
J Page 87
01/11/2022 Item No.5.

ATTACHMENT NO. 1

01/11/2022 Item No.5.

RESOLUTION NO. 10782

A RESOLUTION APPROVING THE NAME OF PROSPECTOR PARK, FORMERLY KNOWN AS NEIGHBORIIOOD PARK #3IN THE FOLSOM PLAN AREA
WHEREAS, Resolution No. 10696 created a new policy for how parks and facilities are to be named; and
WHEREAS' the Parks & Recreation Department solicited for potential park names in October 2020 and September 2021; and
WHEREAS, 28 names were submitted and an additional 9 were suggested by city staff; WHEREAS, the Parks & Recreation Commission, at its meeting on December 7,2021, approved and forwarded a recommendation to the City Council for approval.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby approves the naming of Neighborhood Park #3 as Prospector Park; and PASSED AND ADOPTED this 11th day of January,2022, by the following roll-call vote:
and
AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10782
Page I of I Page 89
01/11/2022 Item No.5.

ATTACHMENT NO.2

01/11/2022 Item No.5.

RESOLUTION NO. T0696

A RESOLUTION TO RESCIIYD AND REPLACE
RESOLUTION NO.5177 AI\D RESOLUTION NO.3951 TO CREATE
A I\EW PARK AND FACILITY NAMING POLICY
WIIEREAS, ResolutionNo. 3951, apark-naming policy was adopted by CE Council on Febnrary 9,1993: and
WHEREAS, Resolution No. 5177, City Council adopted a modification to the park' naming policy on August 27,1996;md
WIIEREAS, Parks and Recreation Commission has forwarded their recommendation to the City Council to rescind and replace the existing park naming policy included in Resolution No. 3951 and5177 to reflect desired shanges expressed by the Community to expand naming options; clariff naming oonventions; specifically include language for the naming of facilities, and allow for funding and sponsorship opportunities for entire parks and facilities and/or assets within them;
NOW THEREI'ORE, BE IT RESOLVED the City Council of the City of Folsom hereby rescinds and replaces Resolution No. 3951 and No. 5177 and adopts the following new policy:

PARK NAMING CRITERIA

1. Community ParkslFieldsffacilities should be named after (Community Parks are typically 20-50 acres in size):
a. Individuals/Tamilies (see below)

2. Neighborhood Parks (typically 7 to l0 acres in size) should be named after:
a. Individual who donated land or large financial confribution to a specific facility or park; or
b. Site-Specific Names
i, Geographicallocation
ii. Outstanding feature, design, or theme of the park, whether natural geographical or manmade
iii. Native plants & wildlife
iv. Historical significance, such as event, BrouP, culture, or place

3. Losal Parks (typically l-3 acres in size) should be namod after:
^,
Adjacent streets or subdivision in which they are looatod; or b. Individuals who donated land or largo furanoial contribution to a speoific facility or park
If Naming after Indlvlduals or Famlllcs:

1. Preference is for an individual to be deceased

2. Only the last name to be used for the formal narne

3. Preference is for individual to have left public service for a minimum of 6 years

4. Considerations:
a. Donation of land or large financial contibution to a specific facility b. Died or disabled in the line of duty as part of City service c. Contributed substantially and improved the quality of life in Folsom Resolution No. 10696
Page I of3

01/11/2022 Item No.5.
i. 10+ years of accomplishment
ii. Vohurtary work (beyond the normal course of employment) iii. Resume can include: service clubs, civic organizations, school community, elected/appointed positions, non-profit gtoups, youth sports

5. If named after a family, 1-4 above should apply to 2+ people Snonsorshlng for Exlsths snd X'uture ParkslFacilities
This policy allows for sponsorship opportunities to firnd amenities within a park or facility as well as fund a portion of a park or facility. Recognition would be commenstuate with said donations or funding. Such recognition could be plaques, signage, and/or other name recognition opportunities within the park or facility.

Process for Namine of Parks and Facilities:

1. Staffopens up the nomination period - this is done on an as-needed basis 2a. Nomination of an individuaVfamily name
a. A public nomination must be submitted in writing with justification. The request should include the proposed name, naming justification, letters of support, requestor contact information, and any other relevant items of support. b. Staffand P&R Commission may submit names
c. Letters of support should be from non-related individuals d. Names will remain on the list for a period of 5 years, at which point they will need to be resubmitted to be considered
2b. Nomination of site-specific name
e. Nominations may be submittpd in writing withjustification f. Staff will provide site-specific relevant information about each puk including but not limited to information about history, groups/individuals, botany/wildlife.

These nalnes may be recycled if not chosen.
g. Parks & Recreation Commission may submit names

3. If not already active, a new Ad-Hoc Park Naming Subcommittee will be formed to review and recommend a primary name to the Parks & Recreation Commission, with two alternate names or choices

4. Parks & Recreation Commission recommends a name to the Folsom City Council

5. Folsom City Council formally adopts a name
Resolution No, 10696

01/11/2022 Item No.5.

PASSED AI\[D ADOPTED this 146 day of September2l2l,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councibnember(s):

Councilmember(s):

Councilmember(s):

Councitnember(s):

Aquino, Chalamcherla, Rodriguea Kodowski
Howell
None
None
l/NDzL
Michnol D. Kodows[!$AYoR
ATTEST:

Resolution No. 10696

Freemantle, CLERK

01/11/2022 Item No.5.

ATTACHMENT NO. 3

01/11/2022 Item No.5.
1 Jack Fallon Neighborhood Park
2 Folsom State Prison Recreational Park
3 Folsom Prison Elues Recreational Park
4 Ferrier Family
5 Joseph G. O'Neill
6 Stan Gisler
7 Dr. Rlchard Cantor
8 Miguel Delgado Park
9 Gail Furness De Pardo
10 Lynn LePage Park
11 NancyAtchleyPark
12 LeidesdorffPark
13 Goodell Family Park
14 Kerri Howell Park
15 Will Kempton Park
16 Paul Romero Park
1 Tyler Andrews Park
2 Prosperity Park
Alan FarebrotherParkl
Farebrother Fleld/
3 Farebrother Park
4 Drury Butler
5 Jacks Park
6 Kelsey Park
7 World Peace Park
8 Tailings Park
9 RG Smlth Park
10 Yuan Park
11 Alder Mine Park
12 Goodell Family Park
Robert Fratini
Steve Getz
Steve Getz
Joe Ferrier
Kathleen
Barbara Gisler
Laura Cantor & Brady Cantor
Christine, Erica, Nathan and Adam
Loretta Hettinger
Leann Schummer
Ruth Anderson
Srinidhi Nagunuri
James Goodell
The Morales team
Michelle Gallegos
Zachary Zamarripa
Roberta Long
Spencer
Elicia Masztal
Patricia Wood
Mark Vaccaro
Pam Smith larvis
Phei Saw
Linus Maxino
Darrell Singleton
Bernett and Lindsay Goodell

01/11/2022 Item No.5.

F'(lLFt{}ll,fl
?-tft 4l
Dtatt*tt-:a( DY ItT-Ec
Park Name Suggestlons from Staff/Ad-Hoc Subcommlttee
Ocfohar'19 2ll24
Bucket Line Park (type of dredge used in Folsom)
Miners Park
Diggings Park
Gold Panning Park
AU Park (Periodic symbol for gold)
Golden Era Park
Artifact Park
Pony Express Park
Pioneer Village Park
Additional thoughts and ideas generated at Ad-Hoc Subcommittee Meeting

11.22.21 Tailings Park
Goodell Park
Rhoades Diggings
Miners Park
Diggings Park
Prospector Park
Tailings Park
November 22,2021
Park Naming Ad-Hoc Subcommittee Mtg.

NP3 Naming Final List (prioritized)
1 . Tailings Park

2. Prospector Park

3. Diggings Park
go Hatoma $treet
Folrum, Culifornin g56$o
ul uru..foI*rHlL co.urPage 96
01/11/2022 Item No.5.

Folsom City Council
Staff Re ort

RECOMMENDATION / CITY COUNCIL ACTION
It is recommended that the City Council approve Resolution No. 10783 - A Resolution of the City Council of the City of Folsom Appointing a Director and an Alternate Director to the Northern California Cities Self Insurance Fund Board of Directors.

BACKGROUND / ISSUE
The City of Folsom is a party to the Joint Exercise of Powers Agreement for the Northern California Cities Self Insurance Fund (NCCSIF). NCCSIF, is an association of municipalities formed to protect member resources by stabilizing risk costs in a reliable and economical manner while providing members with broad coverage and quality services in risk and claims management. The JPA provides medium-sized northern California cities with a mechanism to self-fund alayer of workers' compensation insurance, as well as to obtain the advantages of group purchase for excess insurance. Formed in 1979,NCCSIF was one of the first pooled municipal insurance programs in Califomia.

Pursuant to the Joint Exercise of Powers Agreement, each member agency of NCCSIF is required to appoint a Director and an Alternate Director to represent the member agency on the NCCSIF Board of Directors. Representatives to the Board of Directors are also authorized to serve on the NCCSIF Executive Committee.

I
MEETING DATE: UtU2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10783 - A Resolution of the City Council of the City of Folsom Appointing a Director and an Alternate Director to the Northern California Cities Self Insurance Fund
Board of Directors
FROM: City Clerk's Department

01/11/2022 Item No.6.

The City of Folsom was previously represented on the NCCSIF Board of Directors by Human Resources Director Susan Walter as the Primary Director and City Attorney Steve Wang as the Alternate Director. Human Resource Director Susan Walter has recently retired and has been replaced by Human Resources Manager Allison Garcia as the department head for the Human Resources Department.

Staff is requesting that Human Resources Manager Allison Garcia be appointed to serve as Folsom's Primary Director on the NCCSIF Board of Directors.

Staff is also requesting that City Attorney Steve Wang continue to serve as the Alternate Director.

ATTACHMENT
Resolution No. 10783 - A Resolution of the City Council of the City of Folsom Appointing a Primary Director to the Northern California Cities Self Insurance Fund Board of Directors Submitted,
Christa Freemantle, CMC
City Clerk
2 Page 98
01/11/2022 Item No.6.

RESOLUTION NO. 10783

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLSOM

APPOINTING A DIRECTOR AND AN ALTERNATE DIRECTOR TO THE

NORTHERN CALIF'ORNIA CITIES SELF INSURANCE F'UND

BOARD OF DIRECTORS
WHEREAS, the City of Folsom (the *CiW") is a party to the Joint Exercise of Powers Agreement for the Northern Califomia Cities Self Insurance Fund (the "Joint Exercise of Powers Agreement"), and, as such, is a tbunding Member Agency of the Northem Calitbrnia tjities Self Insurance Fund ('NCCSIF"), as that term is defined in the Joint Exercise of Powers Agreement, and
WHEREAS' pursuant to the Joint Exercise of Powers Agreement, each Member Agency of NCCSIF is required to appoint a Director and an Altemate Director to act in the Director's absence, to represent the City as if the City itself were present and acting on the NCCSIF Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the NCCSIF Executive Committee; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby appoints Human Resources Manager Allison Garcia to serve as its Primary Director on the NCCSIF Board of Directors to act on behalf of the City, a Member Agency of NCCSIF, on all matters to come before the Board of Directors, as if the City itself were present and acting at such meeting, and for such Director to be eligible for serving on the NCCSIF Executive Committee; and appoints City Attorney Steve Wang to serve as Alternate Director in the absence of the Director.

BE RESOLVED FURTHER, that the City Clerk shall inform the Secretary of NCCSIF of the above appointment by sending a certified copy of this resolution to NCCSIF's business office.

PASSED AND ADOPTED this 1lft day of January 2022, by the following roll-call vote AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10783
Page I ofl

01/11/2022 Item No.6.

This page is intentionally left blank.

01/11/2022 Item No.6.
it"' {_t l-, td t}rqg
(, Fr,rctl.t lr rtt! rl
Folsom City Council
Staff
MEETING DATE: Utl12022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10784 - A Resolution Authorizing the City Manager to Execute an Agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Delivery Reliability Project and Appropriation of Funds and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of
Costs for the Project
F'ROM: Environmental and Water Resources Department

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends the City Council pass and adopt Resolution No. 10784 - A Resolution Authorizing the City Manager to Execute an Agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Delivery Reliability Project and Appropriation of Funds and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of Costs for the Project.

BACKGROUND / ISSUE
Presently, San Juan Water District (SJWD), the City of Roseville (Roseville), and the City of Folsom (Folsom), through an existing 84-inch intake pipeline and associated pumping plant, can take raw water from Folsom Lake near the main concrete dam at Folsom Reservoir. This intake also provides raw water to Folsom State Prison. The existing raw water system has been operated without major intemrption or outages. Since there is not a current backup system in place for raw water supply, the three water agencies, the Bureau of Reclamation (Reclamation), and the United States Army Corps of Engineers (USACE) completed a Project Alternatives Solutions Study (PASS) in2006 to identifr potential redundant systems that could bring raw water to the agencies if unplanned outages were to occur again. 1

01/11/2022 Item No.7.

The Folsom Pumping Plant and existing 84-inch raw water pipeline are auxiliary features of the Folsom Dam Project and are operated and maintained by Reclamation. The PASS Team developed 14 altematives and narrowed the list to four conceptual projects to further evaluate.

Each of the four alternatives were further evaluated on cost, reliability, and benefit. One of the four alternatives, the River Pump Station, could be built downstream of Folsom Dam and not rely on a fixed water surface elevation in Folsom Reservoir for raw water deliveries and could be operated in any water year type. A second of the four alternatives, the South Side Pump Stationwith New Intake in New Auxiliary Spillway, could be built near the Auxiliary Spillway built by USACE. This facility would be built upstream of the Auxiliary Spillway and would be limited by the surface water elevation in Folsom Reservoir and could only be operated in certain water year types.

This resolution will avthoize the City Manager to execute an agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Reliability Project and Appropriation of Funds for a not-to-exceed amount of $269,710 and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of Costs for the Project.

POLICY / RULE
In accordance with Chapter 2.36 of lhe Folsom Municipal Code. supplies, equipment, services, and construction with a value of $62,657 or greater shall be awarded by City Council.

ANALYSIS
In order to accomplish the goals described above and determine the best course of action, the Cities of Folsom and Roseville and the San Juan Water District wish to conduct a planning and feasibility study to identity the following:
. Working with each agency to determine the relative demands for sizing the facility . Review of historic storage and hydrologic conditions to evaluate how often each facility under the different altematives can be used
. Identifr pros and cons of each alternative, including operations and maintenance requirements if the facility is Reclamation owned and operated or agency owned and operated
. Identiff power supply options for each alternative
. Identifr the environmental requirements for each option (CEQA and/or NEPA) . Develop a schedule for any environmental requirements for each option . Include drawings (profile not needed) of the layouValignment and probable construction costs for each alternative
. Include probable engineering design and specification development costs for each alternative
2 Page 102
01/11/2022 Item No.7.

Work with each agency and Reclamation to determine if the agencies need to include a new point of diversion in their contracts with Reclamation for the use of new diversion facilities
IdentiS any regulatory requirements and include a description of what the requirements might be for each altemative
Discussions with Reclamation and the agencies about operations and maintenance /ownership of the facility
Include an overall project schedule for each alternative that includes design, environmental and construction
Identiff other potential alternatives to be further discussed On September 7 ,2021, the Environmental and Water Resources Department issued a Request for Proposals for engineering consulting services for the Folsom Reservoir Raw Water Delivery Reliability Project with proposals due to the City of Folsom on November 5, 202I.

The Cities of Folsom and Roseville, San Juan Water District, and the Reclamation staff, together the Technical Committee, evaluated the consultant submittal based on relevant project experience, the consultant's understanding of the background and requirements of the project, qualifications and experience of the consultant's design team, previous work with public water agencies and Reclamation, and proposal costs.

Stantec Consulting Services, Inc. was the only team to submit a proposal. Five other consulting firms contacted the City and indicated that they would not be submitting a proposal due to current workload or not having specific experience in one of the areas outlined above. Stantec's proposal meets all of the necessary qualifications and experience requested by the three agencies and the three agencies agree the proposal is responsive. Stantec Consulting Services, Inc. also has several projects and studies they completed with the Bureau of Reclamation and the three agencies. The estimated cost of the study was $250,000.

This resolution will authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Reliability Project and Appropriation of Funds for a not-to-exceed amount of $269,710 and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of Costs for the Project.

F'ISCAL IMPACT
The Folsom Reservoir Raw Water Delivery Reliability Project was not included in the FY 202I-22 budget. Therefore, an appropriation will be needed for the evaluation and review costs, and staff is requesting an appropriation of $269,710. The appropriation will be in the Water Operating Fund (Fund 520) for $134,855 and Water Impact Fee Fund (Fund 456) for $134,855, and funds are currently available for this appropriation. The Cities of Folsom and Roseville and San Juan Water District will enter into a Memorandum of Agreement (MOA) regarding the sharing of costs for the study. Each agency will pay for one-third the costs of the study. The City of Folsom will be responsible for administering the contract for the services a
a
a
a
a
a
-t Page 103
01/11/2022 Item No.7.
of Stantec Consulting Services,Inc. and the City of Roseville and San Juan Water District will reimburse the City for their one-third share of the total contract costs.

ENVIRONMENTAL REVIEW
This project is a study and therefore is categorically exempt from environmental review under the California Environmental Quality Act as noted in Title 14 - Califomia Code of Regulations, Chapter 3 - Guidelines for Implementation of the Califomia Environmental Quality Act, Article 19 - Categorical Exemptions, Section 15301 - Existing Facilities.

ATTACHMENTS

1. Resolution No. 10784 - A Resolution Authorizing the City Manager to Execute an Agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Delivery Reliability Project and Appropriation of Funds and Authorizing the City Manager to Execute a Memorandum of Agreement Regarding Sharing of Costs for the Project

2. Memorandum of Agreement Regarding the Sharing of Costs for the Folsom Reservoir Raw Water Delivery Reliability Project
Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
4 Page 104
01/11/2022 Item No.7.

ATTACHMENT 1

01/11/2022 Item No.7.

RESOLUTION NO. 10784

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STANTEC CONSULTING SERVICES,INC. FOR

ENGINEERING CONSULTING SERVICES FOR THE FOLSOM RESERVOIR RAW

WATER DELIVERY RELIABILITY PROJECT AND APPROPRIATION OF FUNDS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF'

AGREEMENT REGARDING SHARING OX'COSTS FOR THE PROJECT
WHEREAS, the Cities of Folsom and Roseville and San Juan Water District identified that the planning and feasibility study for this project is critical to ensuring raw water delivery to our agencies for treatment and delivery to all water customers; and WHEREAS, a Technical Committee made up of the Cities of Folsom, San Juan Water District, and the Bureau of Reclamation evaluated the proposals based on relevant project experience, the consultant's understanding of the background and requirements of the project, qualifications and experience of the consultant's design team, previous work with public water agencies and Reclamation, and proposal costs; and
WHEREAS, Stantec Consulting Services, Inc., by reason of their past experience and abilities for performing these types of services, are qualified to perform the required engineering consulting services for the project; and
WHEREAS, The City of Folsom will be responsible for administering the contract for the services of Stantec Consulting Services, Inc. and the City of Roseville and San Juan Water District will reimburse the City for their one-third share of the total contract costs; and WHEREAS, sufficient funds are available in the Water Operating Fund (Fund 520) and the Water Impact Fee Fund (Fund 456), however an appropriation in the amount of $269,710 is needed for the analysis and review; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Stantec Consulting Services, Inc. for Engineering Consulting Services for the Folsom Reservoir Raw Water Reliability Project and Appropriation of Funds for a not-to-exceed amount of $269,710.

BE IT FURTHER RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Memorandum of Agreement Regarding the Sharing of Costs for the Folsom Reservoir Raw Water Delivery Reliability Project.

BE IT FURTHER RESOLVED that the Finance Director is directed to appropriate $269,710 for this agreement. The appropriation will be from the Water Operating Fund balance in the amount of $134,855 and the Water Impact Fee Fund (Fund 456) in the amount of $134,855, both of which are currently available.

Resolution No. 10784
Page I of2 Page 106
01/11/2022 Item No.7.
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED AND ADOPTED this llft day of January 2022, by the following roll-call Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Kerri M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10784
Page2 ofZ Page 107
01/11/2022 Item No.7.

ATTACHMENT 2

01/11/2022 Item No.7.

MEMORANDUM OF AGREEMENT REGARDING SHARING OF COSTS FOR THE

FOLSOM RESERVOIR RAW WATER DELIVERY RELIABILITY PROJECT THIS MEMORANDUM OF AGREEMENT ("MOA") is entered into, effective ,2022 by and among San Juan Water District ("SJWD"), the City of Roseville ("Roseville"), the City of Folsom ("Folsom").

RECITALS
WHEREAS, the above-named agencies (hereinafter referred to collectively as the "parties," or each individually as a ooparty") have been working together to identifu potential raw water supply reliability alternatives;
WHEREAS, the objective of the Folsom Reservoir Raw Water Supply Reliability .planning and feasibility study is to valuate potential raw water supply alternatives to the parties from the United States Department of Interior, Bureau of Reclamation (hereinafter ooBureau"); WHEREAS, the parties believe it in their best interest, as well as the public's best interest, to enter into a contract with a Consultant(s) to develop a planning and feasibility study for the Folsom Reservoir Raw Water Delivery Reliability Project.

NOW THEREFORE, in consideration of the mutual obligations set forth herein, the parties agree as follows:

1. Technical Committee. The Parties hereby form a Technical Committee consisting of one representative of each of the Parties. A representative may, from time to time or permanently, designate an individual to act on the representative's behalf. A representative from the Bureau will also be included on the Technical Committee. Meetings of the Technical Committee may be attended by anyone authorized by any representative. The purpose of the I

01/11/2022 Item No.7.

Technical Committee will be to review and comment on the attached scope of services (Exhibit A). The Technical Committee shall meet as necessary at locations agreed upon by the Technical Committee, including remote meeting platforms.

2. Decisions of the Technical Committee. The Parties expect and intend that decisions of the Technical Committee will be made by consensus. In the event of disagreement over any decision, the representatives will vote to resolve the disagreement, with each representative having one vote, and the vote of the majority of representatives will be the decision of the committee. Should such voting not result in a majority, then the voting will proceed on a weighted basis with each agency representative being assigned a number of votes equal to their costs sharing percentage as defined in number oo4" below, and the vote of the majority of the total number of votes so assigned shall be the decision of the committee.

3. Coordination with Consultant. The City of Folsom will act as the lead agency in contracting with the Consultant to complete the Project.

4. Cost-Sharing. The City of Folsom will be responsible for administering the contract for the services of the Consultant. It is understood and agreed the Parties shall each pay a percentage of the total contract as follows:

City of Roseville -33.33%
San Juan Water District -33.33%
City of Folsom- 33.34%
Upon receipt of an invoice from Consultant, the City of Folsom will forward a copy of the invoice to the other Parties, who within forty-five (45) days of the date of said invoice shall remit their percentage share of said invoice, as shown above to the City of Folsom for payment to the Consultant. In the event one or more parties believes an invoice should not be paid n 2

01/11/2022 Item No.7.
whole or in part, the dispute shall be resolved by the Technical Committee as set forth herein.

The Parties agree to exercise good faith and diligence in the resolution of any disputed invoice amounts; provided however, that notwithstanding any provision respective contained herein, the City of Folsom shall be reimbursed by each of the other Parties for their respective percentage share of any and all money ultimately paid to the Consultant by the City of Folsom.

5. Price Ceiling. In no case shall the total value of goods and services procured pursuant to this MOA exceed $269,710, except by Amendment to this MOA.

6. Cooperation and Further Documents. The Parties shall cooperate in executing any further documents that are reasonably necessary to implement this MOA's terms.

8. Term of MOA. This MOA shall be effective as of the date first written above and shall remain in fuIl force until all services and contracts covered by this MOA have been completed and performed, and all payments required under this MOA have been made.

9. Notices. Any invoice, payment, notice or written communication where required or permitted by this MOA will be provided by U.S. Mail, or by electronic mail transmission, with confirmation of receipt, as follows:

J

01/11/2022 Item No.7.

SAN JUAN WATER DISTRICT
Paul Helliker
General Manager
9935 Aubum FolsomRoad
Granite Bay, CA 95746
[email protected]

CITY OF ROSEVILLE
Richard Plecker
Environmental Utilities Director
2005 Hilltop Circle
Roseville, CA 95747
[email protected]

CITY OF FOLSOM
Marcus Yasutake
Environmental and Water Resources Director
50 Natoma Street
Folsom, CA 95630
myasutake@folsom. ca. us

10. Amendments. Any amendments to this MOA must be in writing and executed by all parties.

11. Countemarts. This MOA may be executed by the parties in separate counterparts; each of which when so executed and delivered to Folsom shall constitute an original. All such counterparts shall together constitute one and the same instrument.

12. General Provisions. There is no agency relationship between the parties.

Furthermore, notwithstanding anything contained herein, the employees of each party shall continue to be entirely and exclusively under the direction, supervision and control of the employing pat'V.

Any internal, in-house or administrative costs or expenses incurred by any party related to such party's obligations under this MOA shall be the sole responsibility of such party incurring said costs and expenses.

This instrument and any attachments hereto constitute the entire agreement among the parties concerning the subject matter hereof.
4

01/11/2022 Item No.7.

WHEREFORE, the parties execute this Memorandum of Agreement effective the first date written above.

IN WITNESS WHEREOF, the City of Folsom, a municipal corporation, has authorized the execution of this Agreement in duplicate b its City Manager and attested to by its City Clerk under the authority of Resolution No. _, adopted by the City Council of the City of Folsom on the 1lth day of January 2022, and SJWD and Roseville has caused this Agreement to be executed.

SAN ruAN WATER DISTzuCT, a Community Services District
Date Paul Helliker, General Manager

ATTEST ORIGINAL APPROVED AS TO FORM
Teri Grant, Board Secretary Date , District Attorney Date CITY OF ROSEVILLE, a Municipal Corporation
Date
ATTEST:

Dominick Casey, City Manager
FUNDING AVAILABLE:

Sonia Orozco, City Clerk Date
ORIGINAL APPROVED AS TO CONTENT:

Dennis Kauffman, CFO Date
OzuGINAL APPROVED AS TO FORM:

Richard Plecker,
Environmental Utilities Director
Date Michelle Sheidenberger, City Attorney Date
5

01/11/2022 Item No.7.

CITY OF FOLSOM, A Municipal Corporation:

Date
ATTEST:

Elaine Andersen, City Manager
FTINDING AVAILABLE:

Christa Freemantle, CiW Clerk Date Stacey Tamagni, Finance Director Date OzuGINAL APPROVED AS TO CONTENT: ORIGINAL APPROVED AS TO FORM:

Steven W*9, City Attorney DateMarcus Yasutake, Date
Environmental & Water Resources Director
6

01/11/2022 Item No.7.
ffi
it"'{-0L&ldrF}g
u iit.rOtlrl ii tIl\.:ll
Folsom City Council
Staff Re ort

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends the City Council pass and adopt Resolution 10785 - A Resolution Authorizing the City Manager to Execute an Agreement with McGuire and Hester for the Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project and Appropriation of Funds.

BACKGROUND / ISSUE
The Environmental and Water Resources Department identifies sewer infrastructure rehabilitation and replacement projects through sewer master plans and ongoing sewer condition assessment programs. As a condition of the City's State permit for its wastewater collection system, the Environmental and Water Resources Department is required to perform ongoing condition assessments on the wastewater system and correct any defects/deficiencies identified through this process.

Through these efforts, portions of the water and wastewater system in the City have been identified as needing rehabilitation or replacement (R&R). A comprehensive plan has been developed for the R & R of these aging or failing systems, and much of this work has been completed in recent years. The next phase of the R & R program includes the replacement and relocation of sewer lines within the Persifer and Mormon Alleys, between Stafford Street and Coloma Street.

I
MEETING DATE: U1U2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution 10785- A Resolution Authorizing the City Manager to Execute an Agreement with McGuire and Hester for the Design- Assist and Construction of the Natoma Alley Sewer
Rehabilitation Project and Appropriation of Funds
F'ROM: Environmental and Water Resources Department

01/11/2022 Item No.8.

This project will rehabilitate approximately 4,750 feet of sewer infrastructure along the Persifer and Mormon Alleys between Stafford and Coloma as well as relocating private sewer laterals.

Through the City's sewer condition assessment program, City staff has had to perform continual maintenance in this area in order to sustain operations of these systems. These pipes are beyond their serviceable life and require rehabilitation and replacement.

This resolution will authorize the City Manager to execute an agreement with McGuire and Hester for the Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project and Appropriation of Funds.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code" supplies, equipment, services, and construction with a value of $62,657 or greater shall be awarded by City Council.

ANALYSIS
The Natoma Alley Sewer Rehabilitation Project includes finalizing the project plans though a Design-Assist process followed by construction to replace and rehabilitate portions of the sewer systems in the older areas of the City that are encountering ongoing maintenance problems. The Natoma Alley Sewer Rehabilitation Project consists of installing approximately 28 sanitary sewer laterals, 33 property line cleanouts, and reconnecting 42 existing sanitary sewer laterals all located on private property. Due to the complexity and unknown elevations of the existing private sanitary sewer services involved without significant pre-construction work and access to private property, the design-assist delivery method was selected for this project. The design-assist method will allow the selected Contractor and design engineer, Bennett Engineering, to collaborate with the City on the design and construction ideas to advance the existing 70 percent plans to constructable, 100 percent plans utilizing field investigations and existing utility potholing information gathered during the design-assist portion of the project.

The Design-Assist portion of the Natoma Alley Sewer Rehabilitation Project will include field investigation including potholing, obtaining right-of-entry (ROE) forms, and evaluating project constraints in order to develop sewer alignment alternatives. The contractor will assist the designer and City staff to advance the plans from 70 percent to 100 percent and after selecting a preferred alternative, construction services will commence.

The Request for Proposals (RFP) for the Design-Assist and Construction of the Natoma Alley Sewer Project consisted of two, separate parts. Part I of the RFP was the Technical Proposal which required each proposer to establish minimum qualifications, project understanding, references, and individual contractor staff experience. Part 2 of the RFP was the Sealed Proposal which was to be sealed and included in a separate envelope. In Part 2 the contractor was to include a statement of total proposed construction costs and proprietary bid documents.

Part 1 of the proposals was evaluated and scored for all proposals prior to Part2 being reviewed and scored.
2 Page 116
01/11/2022 Item No.8.

The City issued the RFP on September 14,202I, for the Design-Assist and Construction of Natoma Alley Sewer Rehabilitation Project. The City received a total of three proposals submitted from C&D Contractors, Inc., BRCO Constructors, Inc., and McGuire and Hester.

C&D Contractors, Inc. did not include the required forms, which were outlined and included in the RFP, in the Part 1 - Technical Proposal. Therefore, their proposals were considered to be materially non-responsive. Due to Part 1 of C&D Contractors, Inc. proposal being materially non-responsive, any evaluation of C&D Contractors, Inc. proposal is not included in this staff report for consideration by the City Council.

BRCO Constructors, Inc. and McGuire and Hester provided responsive proposals. Below is a ranking of the proposals prior to reviewing costs.

Comnanv Part 1 Score (out of75)
BRCO Constructors. Inc. 55
McGuire and Hester 63
Table L Contractor rankingfor Part I - Technical Proposal without costs, After reviewing the proposals based on the contractor's project understanding, project approach, the contractor's qualifications, the project manager's qualifications, EWR staff reviewed total project costs. Proposal costs from each consultant were required to be submitted under a separate sealed envelope. A table showing BRCO Constructors,Inc. and McGuire and Hester's fees is shown below.

Company Desien-Assist Costs Construction Costs Total Fee BRCO Constructors,Inc. $185,000 $3.415.000 $3.600.000
McGuire and Hester $275,000 $3"502.000 $3.777.000
Table 2. Contractor project costs associated with the RFP, Based on the technical scores from the proposal Part I and the cost scores from the proposal Part2, the total proposal scores are shown in Table 3 below.

Company Part I Score
(out of 75)
Part2 Score
(out of25)
Total Score
(out of 100)
BRCO Constructors,Inc 55 25 80
McGuire and Hester 63 24 87
Table 3. Total contractor rankingfor the RFP including costs.

City staff evaluated the proposals based on the contractor's project understanding, project approach, the contractor's qualifications, the project manager's qualifications, and the proposed project costs. EWR staff identified McGuire and Hester as being the most qualified, had the most relevant experience, and would provide the best value to the City and proposes to utilize McGuire and Hester for this project.

J

01/11/2022 Item No.8.

F'INANCIAL IMPACT
The Environmental and Water Resources Department recommends that the contract be awarded to McGuire and Hester for $3,777,000 with the project budgeted for this agreement inthe amount of $4,154,700 which will include al|o/o contingency inthe amount of $377,700.

Approximate project costs to date, which include pre-design, design and construction administration services, total approximately $240,000. The Natoma Alley Sewer Rehabilitation Project was included in the FY 2021-22 Capital Improvement Plan with a total projectbudgetof$3,141,457. Staffisnowprojectingthetotalprojectcoststobeapproximately $4,930,000. With this new projection of costs an additional appropriation will be needed. Staff is requesting an appropriation of $1,788,543 for the total project budget of $4,930,000. This appropriation will be in the Sewer Operating Fund (Fund 530) and funds are available for this appropriation.

ENVIRONMENTAL REVIEW
This project is replacement and/or improvement of existing infrastructure with negligible or no expansion of use and therefore is categorically exempt from environmental review under the Califomia Environmental Quality Act as noted in Title 14 - California Code of Regulations, Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act, Article 19 - Categorical Exemptions, Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and/or 15304 (Minor Alterations to Land).

ATTACHMENT
Resolution 10785 - A Resolution Authorizingthe City Manager to Execute an Agreement with McGuire and Hester for the Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project and Appropriation of Funds
Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
4 Page 118
01/11/2022 Item No.8.

RESOLUTION NO. 10785

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH MCGUIRE HESTER F'OR THE DESIGN-ASSIST AND

CONSTRUCTION OF THE NATOMA ALLEY SEWER REHABILITATION PROJECT

AND APPROPRIATION OF' T'UNDS
WHEREAS, the City is currently implementing its Sewer System Management Plan (SSMP) which consists of condition assessment, as well as operation and system improvements; and
WHEREAS, the City has identified this project as a priority to maintain integrity and operation of the sanitary sewer collection system; and
WHEREAS, the project is categorically exempt from environmental review under the California Environmental Quality Act; and
WHEREAS, the Environmental and Water Resources Department issued a Request for Proposals on September 14,2021 for the Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project; and
WHEREAS, McGuire and Hester by reason of their past experience, abilities for performing these types of services, and overall best value for these services, is qualified to perform the required Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project; and
WHEREAS, the Design-Assist and Construction of the Natoma Alley Sewer Rehabilitation Project was included FY 2021-22 Capital Improvement Plan with a project budget of $3,141,457 staff is now projecting the project costs will be $4,930,000; and WHEREAS, an additional appropriation of funds in the amount of $1,778,543 is needed for a revised project budget of $4,930,000 and sufficient funds are available in the Sewer Operating Fund (Fund 530); and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with McGuire and Hester for the Design- Assist and Construction of the Natoma Alley Sewer Rehabilitation Project for a not-to-exceed amount of $3,777,000 with the budgeted amount to include a lUYo contingency for a total of $4,154,700.

BE IT FURTHER RESOLVED that the Finance Director is directed to appropriate $1,778,543 for this agreement. The appropriation will be from the Sewer Operating Fund (Fund 530) balance in the amount of $1,778,543,for atotal project budget of $4,930,000.

Resolution No. 10785
Page I of2 Page 119
01/11/2022 Item No.8.

PASSED AND ADOPTED this lltr day of January 2022, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10785
Page2 of2 Page 120
01/11/2022 Item No.8.
u {-bLg{l-$}5.

Folsom City Council
Staff Re ort

RECOMMENDATION / CITY COUNCIL ACTION
Staff requests that the City Council adopt Resolution No. 10786 - A Resolution Amending ResolutionNo. 10296 to Enact the Annual lnflationary Adjustment for the Housing Trust Fund Fee

BACKGROUND / ISSUE
In May 2006,the City council adopted ResolutionNo. 7812 which established new city impact and connection fees for law enforcement, fire suppression, general facilities, vehicles and equipment, park improvement, Humbug-Willow Creek, housing trust, water, sanitary sewer, transportation improvement, drainage, and light rail. Resolution No. 7812 also approved an annual infl ationary adjustment.

POLICY / RULE
Folsom Municipal Code
The Folsom Municipal Code sets impact fees in code section 03.690.010 for the Housing Trust Fee.
1 MEETING DATE: lltU2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10786 - A Resolution Amending Resolution No 10296 to Enact the Annual Inflationary Adjustment for the Housing Trust Fund Fee
F'ROM: Finance Department

01/11/2022 Item No.9.

ANALYSIS
In accordance with Resolution No. 78 12, adopted May 23 ,2006, Staff has calculated proposed fee schedule to be effective February 1,2022 for the Housing Trust Fund Fee. The annual inflationary adjustment to be applied is L64%. This percentage adjustment is based on the Engineering News Record Construction Cost Index for January through December 2020. The proposed fee schedule was derived by applying the annual inflationary adjustment to the current fee.

The proposed February 1,2022, fee schedule is included in Attachment I and the Construction Cost Index obtained from the Engineering News Record is included in Attachment2.

FINANCIAL IMPACT
The financial impact to the Housing Trust Fund will be minimal. The fee is only applied to new commercial development in the City which has been down since the pandemic started.

ATTACHMENTS
1 . Resolution No. 10786 - A Resolution Amending Resolution No. 10296 and Enacting the Annual Inflationary Adjustment for the Housing Trust Fund Fee

2. Engineering News Record Construction Cost Index
Submitted,
Stacey Tamagni, Finance Director
2 Page 122
01/11/2022 Item No.9.

ATTACHMENT 1

01/11/2022 Item No.9.

RESOLUTION NO. 10786
A RESOLUTION AMENDING RESOLUTION 10296 AND ENACTING THE ANNUAL

INFLATIONARY ADJUSTMENT FOR THE CITY HOUSING TRUST F'EE WHEREAS, the Folsom Municipal code set impact fees for the Housing Trust fee in Section 03.90.010; and
WHEREAS, Resolution No. 7812 adopted by the Folsom City Council on May 23,2006, allowed for an inflationary adjustment to selected City Impact and Connection fees each fiscal year; and
WHEREAS, the annual inflationary adjustment for the Housing Trust fund fee to be effective February I2022 is based on the Engineering News Record Construction Cost Index for January through December 2020 andthe annual adjustment to be appliedis 1.64% and attached to this resolution.

NOW' THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom amends Resolution No. 10296 and enacts the Annual Inflationary Adjustment for the Housing Trust Fund Fee.

PASSED AND ADOPTED this 1lth day of January,2l22,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10786
Page I of2 Page 124
01/11/2022 Item No.9.

City of Folsom
Impact and Connection Fee Schedule As of February 112022

FEE DESCRIPTION BASIS FEE
lt0U202t
Proposed
Annual
Inflation
Adiustment
2019 Annual CPI1
FEE
u0u2022
Proposed
Housins Trust rrllc r.go.orot
Office
Retail
Light Industrial
Heavy Industrial/IManufacturing
Light Industrial/I4anufacturing
Sq. Ft.

Sq. Ft.

Sq. Ft.

Sq. Ft.

Sq. Ft.
$
$
$
$
$
1 1
I
I
I
73 73
73 73
73 $
$
$
$
$

0.028

0.028

0.028

0.028

0.028
$
$
$
$
$
1 1
I
I
I
76 76
76 76
76

01/11/2022 Item No.9.

ATTACHMENT 2

01/11/2022 Item No.9.

Construction Cost Index History - As of May 2021
HOW ENR BUILDS THE INDEX: 200 hours of common labor at the 20-city average of common labor rates, plus 25 cwt of standard structural steel shapes at the mill price prior to 1996 and the fabricated 2}-city price from I 996, plus 1 .1 28 tons of portland cement at the 2}-city price, plus 1,088 board ft of 2 x 4 lumber at the 20-city price.

ENR'S CONSTRUCTION COST rNDf,X HISTORY (190E-2021)
2021
2020
2019
2018
2017
2016
201s
2014
2013
2012
20ll
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
t999
1998
1997
1996
1995
1994
1993
11627.94
11392
11206
l 0878
10542
10132
9972
9664
9437
9t76
8938
8660
8549
8090
7880
7660
7297
6825
6581
6462
6281
6130
6000
5852
5765
5523
5443
5336
5071
I 1698.8
t1396
tt2t3
r 0889
10559
l0l8l
9962
968 I
9453
9r98
8998
8672
8533
8094
7880
7689
7298
6862
6640
6462
6272
6160
5992
5874
5769
5532
5444
5371
5070
l 1849.31
tL4t2
1t228
10971
10678
10279
9992
9750
9484
9273
9027
8677
8528
8l l2
7865
7695
7355
70t7
6635
6480
6286
6201
6008
5883
5799
5550
5432
5405
5r67
11989.91
I 1418
t1230
1 1013
10692
10315
9975
9796
9516
9290
9035
8761
8574
8l4l
7942
7691
7398
7065
6642
6512
6288
6233
6006
588 l
5837
5572
5433
5405
5262
11436
rt268
I 1069
10703
t0337
10039
9800
9542
9291
9053
8805
8578
8185
7939
7700
74t5
7 t09
6694
6532
63 l8
6238
6039
5895
5860
5597
5432
5408
5260
11439
11293
lll16
10789
10379
10037
9835
9552
9324
9080
8844
8566
8293
7959
7721
7422
7126
6695
6605
6404
6225
6076
5921
5863
5617
s484
5409
5252
11539
n326
11183
10817
10434
10128
9886
9689
9376
9t47
8921
8596
8623
8045
7883
7563
7314
6771
6579
6397
6259
6134
5986
5848
5719
5511
5437
5264
1t579
I l38l
11184
10870
10442
10092
9912
9666
9398
9t73
895 I
8592
8602
8092
79ll
7630
7312
6794
6578
6410
6266
6127
5995
5838
5'140
5519
5439
5278
tt626
l r38l
I1186
10873
10530
t0152
9936
9668
9412
9r72
8952
8641
855 1
8089
7888
7647
7308
6782
6563
6390
6283
6t27
5991
5858
5744
5524
5439
5310
11465.67
I l28l
11062
10737
I 0338
10035
9806
9547
9308
9070
8799
8570
83 l0
7966
7751
7446
7l15
6694
6538
6343
6221
6059
5920
5826
5620
5471
5408
5210
11749.75
11397
11228
10959
10667
10242
9972
9702
9456
9268
901 l
8671
8534
8109
7856
7692
7309
6957
6627
6502
6279
6202
5986
5875
5759
5537
5435
538 I
5r06
I 1455 11499
ll3ll l13ll
ttt24 I I 170
10826 10823
10385 10403
10039 10065
9846 9870
9545 9552
9351 ' g34l
9088 9l16
8837 8836
8564 8586
8362 8557
8007 8050
7722 7763
7479 7540
7188 7298
6733 674t
6s92 6589
6389 6391
6233 6224
6091 6t28
5929 5963
5854 5851
5652 isog:
5506 5491
5424 5437
5230 5255

01/11/2022 Item No.9.

This page is intentionally left blank.

01/11/2022 Item No.9.

Folsom City Council
Staff Re ort

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends that the City Council pass and adopt Resolution No. 10787 - A Resolution Authorizing the City Manager to Execute an Agreement with Always Paving, Inc. DBA General Construction for Construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and Appropriation of Funds.

BACKGROUND / ISSUE
The Environmental and Water Resources (EUIR) Department maintenance crews routinely repair water and sewer pipelines throughout the city. After repairing the pipelines, the maintenance crews patch the trenches with temporary asphalt pavement. These temporary pavement patches require permanent repairs for restoration of the surfaces removed, damaged, or displaced by the repairs made to the underground utilities. To minimize the unit cost for this work, the EWR Department maintains a database of trench locations that require restoration and bids these locations as a project instead of as individual locations. In addition, this project will also include one year of additional on-call trench repair asphalt paving restoration.

The City currently has approximately 15,000 square feet of paving needs. In addition, the City expects to have approximately a total of 7,000 square feet of paving needs due to water and I
MEETING DATE: UtU2022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10787 - A Resolution Authorizing the City Manager to Execute an Agreement with Always Paving, Inc.

DBA General Construction for Construction of the
Environmental and Water Resources Department On-Call
Trench Repair Asphalt Paving Restoration Project and
Appropriation of Funds
FROM: Environmental and Water Resources Department

01/11/2022 Item No.10.
sewer pipeline repair over the next two fiscal years. This number is an estimate based on past needs and is subject to change.

This resolution will authorize the City Manager to execute an Agreement with Always Paving, Inc. DBA General Construction for construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and appropriation of funds.

POLICY / RULE
In accordance with Chapter 236 of Folsom Munici equipment, services, and construction with a value of $62,657 or greater shall be awarded by City Council.

ANALYSIS
The City completed specifications for this project and publicly advertised for bids on December 7,2021. In addition, the City provided these documents to several area builders' exchanges and the City's website. The EWR Department received the following bids on December 21,2021for construction of the On-Call Trench Repair Asphalt Paving Restoration Project:

Contractor Bid Amount
Always Paving, Inc. DBA General Construction $457,s00.00 Doug Veerkamp $467,400.00
Central Valley Engineering & Asphalt,Inc $564,000.00
B&M Builders $66s,000.00
Staff has reviewed the bids submitted and has determined that Always Paving, Inc. DBA General Construction is the lowest responsible and responsive bidder who meets the requirements and specifications set forth in the invitation for bids. The engineer's estimate for this project was $650,000.

FINANCIAL IMPACT
The EWR Department requests that the contract be awarded to the lowest responsible and responsive bidder, Always Paving, Inc. DBA General Construction for $457,500, with the project budget for this agreement in the amount of $503,250 which will include a l0%o contingency. Staff is requesting an additional appropriation in the amount of $47,000 from the Fiscal Year 2021-22 Water Operating Fund (Fund 520) budget for this agreement. There are suffrcient funds budgeted and available for the remaining$456,250 for the agreement. Funds for the agreement will be split between the Water Operating Fund (Fund 520) and the Sewer Operating Fund (Fund 530).
2 Page 130
01/11/2022 Item No.10.

ENVIRONMENTAL REVIEW
This project is a rehabilitation project of existing infrastructure and therefore is categorically exempt from environmental review under the California Environmental Quality Act as noted in Title 14 - California Code of Regulations, Chapter 3 - Guidelines for Implementation of the California Environmental quality Act, Article 19 - Categorical Exemptions, Section 15302 - Replacement or Reconstruction.

ATTACHMENT
Resolution No. 10787 - A Resolution Authorizing the City Manager to Execute an Agreement with Always Paving, Inc. DBA General Construction for Construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and Appropriation of Funds.

Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 131
01/11/2022 Item No.10.

RESOLUTION NO. 10787

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALWAYS PAVING,INC. DBA GENERAL CONSTRUCTION

FOR CONSTRUCTION OF THE ENVIRONMENTAL AND WATER RESOURCES

DEPARTMENT ON-CALL TRENCH REPAIR ASPHALT PAVING RESTORATION

PROJECT AND APPROPRIATION OF F'UNDS
WHEREAS, the City of Folsom has identified this project as a priority to maintain integrity and operation of the water and sanitary sewer collection system; and WHEREAS, specifications have been prepared for this work and publicly advertised for on December 7,2021; and
WHEREAS, on December 21, 2021, the Environmental and Water Resources Department received bids for construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and Appropriation of Funds; and
WHEREAS, Always Paving, Inc. DBA General Construction was the lowest responsible, responsive bidder with a bid of $457,500; and WHEREAS, the budgeted amount for this agreement will include a contingency in the amount of l0% or $45,750; and
WHEREAS, sufficient funds are budgeted and available in the Water Operating Fund (Fund 520) and Sewer Operating Fund (Fund 530) in the amount of $456,250; and WHEREAS, an appropriation in the amount of $47,000 will be required in the FY 202I- 22Watq Operating Fund (520) Budget; and
WHEREAS, the project is categorically exempt from environmental review under the California Environmental Quality Act; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Always Paving, Inc. DBA General Construction for Construction of the Environmental and Water Resources Department On-Call Trench Repair Asphalt Paving Restoration Project and Appropriation of Funds for a not-to- exceed amount of $457,500, with the budgeted amount to include a I0%o contingency for a total budgeted amount of $503,250.

BE IT FURTHER RESOLVED that the Finance Director is directed to appropriate $47,000 for this agreement. The appropriation will be from the FY 2021-22 Water Operating Resolution No. 10787
Page I of2 Page 132
01/11/2022 Item No.10.

Fund (Fund 520) balance in the amount of $47,000, which is currently available.

PASSED AND ADOPTED this Ilft day of January 2022, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10787
Page2 of2 Page 133
01/11/2022 Item No.10.

This page is intentionally left blank.

01/11/2022 Item No.10.

Folsom City Council
Staff Re rt

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends the City Council approve Resolution No. 10788 - A Resolution Opposing SB 262 (Hertzberg) Bail.

BACKGROUND / ISSUE
Current law requires the superior courtjudges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail. Superior court judges consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint. SB 262 is being proposed as one of the latest in series of bail reform efforts and follows the rejection of Proposition 25 (2020) and sB 10 (2018).
sB 10 (2018)
In 2018, the California State Legislature approved SB 10 to eliminate the (then) current bail system. Democrats (67 out of 81) supported SB 10, while only one of 39 Republican supported the legislation. SB l0 was designed to make California the first state to end the use of cash bail for all detained suspects awaiting trials. SB 10 would have replaced the state's cash bail system with risk assessments to determine whether a detained suspect should be granted pretrial release and under what conditions release would be granted. (Then) Califomia Gov. Jerry Brown signed SB 10 on August 28,2018. At that time, three ACLU executives expressed disappointment in the signing of SB 10, noting that SB 10 was not the model for pretrial justice and racial equity that Califomia should strive for.

I
MEETING DATE: Utt12022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10788 - A Resolution OpposingSB 262 (Hertzbery) Bail
FROM: Police Department

01/11/2022 Item No.11.

Proposition25 Q020)
A veto referendum (which is a type of citizen-initiated ballot measure that asks voters whether to uphold or repeal a law that has been passed by the state legislature ) to overturn SB l0 was filed the day after SB 10 was signed by the Governor. This veto referendum would later become Proposition2l. In the 2020 General Election, voters rejected Proposition 25 (thereby rejecting SB 10) by over 560/o. sB 262 Q02t)
In January 2021, SB 262 was introduced by Senators Hertzberg and Skinner (coauthored by Assembly Member Bonta and Senators Bradford and Wiener) to require bail to be set at $0 for all offenses except, among others, serious or violent felonies, violations of specified protective orders, battery against a spouse, sex offenses, and driving under the influence.

SB 262 would require the Judicial Council to prepare, adopt, and annually revise a bail schedule for the exempt offenses. The bill would state the intent of the Legislature to enact further changes to current law to ensure that a defendant is not detained pending trial simply due to an inability to pay for the amount of bail in the statewide schedule. The bill would prohibit costs relating to conditions of release on bail from being imposed on persons released on bail or on their own recognizance. The bill would require the sheriff, police, and court employees to approve and accept bail in the amount fixed by the bail schedule.

ANALYSIS
SB 262 will make ZeroBail permanent throughout California and will make many crimes eligible for automatic release from jail. In addition, this bill sets strict terms for release on a suspect's ability to pay, meaning many arrested for crimes - including hate crimes, gun crimes and drug dealing - will be out on the streets wtthZero Bail. SB 262would require the court, prior to setting bail, to consider whether nonfinancial conditions will reasonably protect the public and the victim and reasonably assure the arrestee's presence attrial.

California's experiment with "Zero Bail" during the coronavirus pandemic had disastrous results as many defendants were arrested, released back on the streets, committed new crimes within hours, and were then rearrested the same day. Currently, California is experiencing a dangerous crime wave as homicides increased by 31 percent in2020, resulting in the deadliest year since 2007 according to the California Department of Justice. Furthermore, a University of California study of San Francisco's court system-which utilizes a model similar to SB 262-concluded that 55 percent of individuals released before trial allegedly committed new crimes while free and one-sixth of individuals committed a violent offense.

Small businesses are particularly vulnerable to crime because they often lack the resources to prevent criminal activity; the average cost per robbery was more than $800 in20l9, according to the National Retail Federation.
2 Page 136
01/11/2022 Item No.11.

It is important to note that SB 262 violates the constitutional separation of powers because Califomia's constitution vests the power to set bail exclusively with the county courts and not the Legislature. This bill attempts to overturn the will of the voters by attempting to pass legislation previously defeated via a referendum.

The Califomia Police Chiefs Association opposes SB 262, as does the Association of Califomia Cities Allied with Public Safety. The League of California Cities has currently taken a"watch" position on the bill.

ATTACHMENT
Resolution No. 10788 - A Resolution Opposing SB 262 (Hertzberg) Bail Submitted,
Richard D. Hillman, Chief of Police
J Page 137
01/11/2022 Item No.11.

RESOLUTION NO. 10788
A RESOLUTION OPPOSING SB 262 (HERTZBERG) BArL
WHEREAS, current law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail. Superior court judges consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint; and WHEREAS, in 2018, the California State Legislature approved SB 10 to eliminate the (then) current bail system. SB 10 was designed to make California the first state to end the use of cash bail for all detained suspects awaiting trials and would have replaced the state's cash bail system with risk assessments to determine whether a detained suspect should be granted pretrial release and under what conditions release would be granted; and WHEREAS, a veto referendum to overturn SB 10 was filed the day after SB 10 was signed by the Governor. This veto referendum would later become Proposition25; and WHEREAS, in the 2020 General Election, voters rejected Proposition 25by over 560/o WHEREAS, SB 262 is now being proposed by the California State Legislature as one of the latest in series of bail reform efforts and follows the rejection of Proposition 25 (2020); and WHEREAS, California's experiment with ooZeto Bail" during the coronavirus pandemic had disastrous results as many defendants were arrested, released back on the streets, committed new crimes within hours, and were then rearrested the same day; and WHEREAS, SB 262 will make Zerc BaiI permanent throughout California and will make many crimes eligible for automatic release from jail; and WHEREAS, SB 262 sets strict terms for release on a suspect's ability to pay, meaning many arrested for crimes - including hate crimes, gun crimes and drug dealing - will be out on the streets withZero Bail; and
WHEREAS' California is experiencing a dangerous crime wave as homicides increased by 31 percent in2020, resulting in the deadliest year since 2007 according to the California Department of Justice; and
WHEREAS' a University of California study of San Francisco's court system-which utilizes a model similar to SB 262---concluded that 55 percent of individuals released before trial allegedly committed new crimes while free and one-sixth of individuals committed a violent offense; and
Resolution No. 10788
Page I of2 Page 138
01/11/2022 Item No.11.

WHEREAS, SB 262violates the constitutional separation of powers because California's constitution vests the power to set bail exclusively with the county courts and not the Legislature. As such, SB 262 is an unconstitutional attempt to overturn the will of the voters by attempting to pass legislation previously defeated via a referendum; and NOW, THEREFORE BE IT RESOLVED that the City of Folsom opposes SB 262 (Hertzberg) Bail.

PASSED AND ADOPTED on this 1lft day of January 2022, by the following roll-call vote
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
Christa Freemantle, CITY CLERK
Resolution No. 10788
Page2 of2 Page 139
01/11/2022 Item No.11.

This page is intentionally left blank.

01/11/2022 Item No.11.
ffi
r,;'{}L$l {-t sg.
l, 6lltGllra &. rIt( !l
Folsom City Council
Staff rt

RECOMMENDATION / CITY COUNCIL ACTION
It is recommended that the City Council conduct the second reading and move to adopt the following ordinances:

Ordinance No. 1321 - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 3 within the City. of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
I
MEETING DATE: Utt12022
AGENDA SECTION: Consent Calendar
SUBJECT: City of Folsom Community Facilities District No. 23 (Folsom Ranch) Amended Improvement AreaNo. 3 and Improvement
Area No. 7
i. Ordinance No. l32l - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 3 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
ii. Ordinance No. 1322 - An Uncodified Ordinance Levying Special Taxes for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 7 within the City of Folsom Community Facilities District No, 23 (Folsom Ranch) (Second Reading and Adoption)
FROM: Finance Department

01/11/2022 Item No.12.

Ordinance No. 1322 - An Uncodified Ordinance Levying Special Taxes for the Fiscal Year 202I-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 7 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)

BACKGROUND / ISSUE
The Folsom Plan Area Specific Plan Public Facilities Financing Plan ("PFFP"), approved by the City Council on January 28, 2014, via Resolution 9298, is an $877 million plan that describes the backbone infrastructure and facility requirements, presents a comprehensive financing strategy, and sets forth the estimated time horizon for the development of the Folsom Plan Area ("FPA").

Landowners within the FPA previously requested to form the City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch) ("CFD No. 23"), including six separate Improvement Areas, designated as Improvement Area No. I through Improvement Area No. 6. The City Council previously approved the Resolution of Formation (Resolution No. 10435) onMay 26, 2020 to form CFD No. 23, designate Improvement Area No. 3, authorize a special tax to finance the acquisition and construction of certain public facilities and certain public services, authorize the issuance of debt to finance the public facilities, and establish the appropriations limit and maximum bonded indebtedness for Improvement AreaNo. 3.

The landowners within Improvement Area No. 3 have requested to amend the boundaries of Improvement Area No. 3 to exclude property expected to be developed into traditional market rate single family residences, to amend the Rate and Method of Apportionment to adjust the maximum special tax rates based on the planned development of remaining property within Improvement Area No. 3, and amend the appropriations limit and maximum bonded indebtedness for Improvement AreaNo. 3. Further, the landowners have requested to designate a new Improvement Area No. 7 to include the property expected to be developed into traditi<inal market rate single family residences that is being excluded from Improvement Area No.3.

The proposed development plan for the amended Improvement Area No. 3 includes 91 9 active adult units zoned as single-family/single-family high density. The proposed development plan for Improvement Area No. 7 includes 2lI traditional market rate units all zoned as single- family/single-family high density.

On November 9, 202I this City Council considered to amend the boundaries, amend the Rate and Method of Apportionment, and amend the appropriations limit and maximum bonded indebtedness within Improvement Area No. 3 by passage of Resolution No. 10747. On that same date, this City Council approved a proposed boundary map, designated Improvement Area No. 7, and authorized the City to levy special taxes within the Improvement Area No. 7 by passage of Resolution No. 10748 and this City Council declared the necessity for incurring bonded indebtedness in and for Improvement Area No. 7 by passage of Resolution No. 10749. 2 Page 142
01/11/2022 Item No.12.

A Public Hearing and landowner election was conducted December 14, 202I. At that time, the following resolutions were approved by the Council:

ResolutionNo. 10767 - A Resolution of the City Council of the City of Folsom Calling Special Mailed Ballot Election Related to Change Proceedings for Improvement Area No. 3 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) Resolution No. 10768 - A Resolution of Change of the City Council of the City of Folsom Relating to Improvement Area No. 3 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch)
Resolution No. 10769 - A Resolution of the City Council of the City of Folsom to Designate Improvement Area No. 7 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) and to Levy Special Taxes therein Resolution No. 10770 - A Resolution of the City Council of the City of Folsom Deeming it Necessary to Incur Bonded Indebtedness within Improvement Area No. 7 of City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch) ResolutionNo. 10771 - A Resolution ofthe City Council of the City of Folsom Calling Special Mailed Ballot Election in the City of Folsom Community Facilities DistrictNo. 23 (Folsom Ranch) Improvement Area No. 7
Resolution No. 10772 - A Resolution of the City Council of the City of Folsom Declaring Election Results in the City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 7
The results of the landowner elections were as follows:

Improvement Area No. 3 : 241 votes in favor of the ballot measure and zero opposed Improvement Area No. 7: 61 votes in favor of the ballot measrue and zero opposed

POLICY / RULE
Chapter 5 of the Folsom Plan Area Public Facilities Financing Plan authorizes the formation of CFDs to finance the construction, acquisition, and servicing of FPA backbone infrastructure and public facilities
Section 2.5.3 of the First Amended and Restated Tier 1 Development Agreement authorizes the formation of infrastructure CFDs
Resolution No. 9282 - A Resolution of the City Council of the City of Folsom Approving Goals and Policies for Community Facilities Districts
Mello-Roos Community Facilities Act of 1982

ANALYSIS
CFD No. 23 is structured as an extended-term CFD and will provide the necessary funding to help fund all or a portion of the project's share of PFFP backbone infrastructure and facilities, a
a
O
o
a
3 Page 143
01/11/2022 Item No.12.
including related environmental mitigation obligations. The PFFP backbone infrastructure and facilities will be financed using both bond proceeds and PAYGO special tax revenues. The extended-term CFD structure is proposed to help to meet the challenge of high-cost infrastructure and facilities while also aligning the timing of future funding availability with the need for such funding.

The approved amendment to Improvement Area No. 3 will exclude property expected to be developed into traditional market rate single family residences, leaving only property that is expeeted to be developed into active-adult single-family residences. Further, amendments to the Rate and Method of Apportionment for Improvement Area No. 3 will adjust the maximum special tax rates based on the active-adult planned development within the amended Improvement Area No. 3. The special tax revenue generated from taxable parcels within the amended Improvement Area No. 3 will be comprised of a special tax to fund facilities and a special tax to fund services. The amended 2021122 maximum facilities special tax rates and maximum services special tax rates, for each developed land use category, are provided in the table below:

The approved Improvement Area No. 7 will include the property excluded from the amended Improvement Area No. 3 and is expected to be developed into traditional market rate single- family residences. The special tax revenue generated from taxable parcels within Improvement Area No. 7 will be comprised of a special tax to fund facilities and a special tax to fund services. 4 Land Use Category
Residential
Floor Area
(square
footage)
202U22
Maximum
Facilities
Special Tax
Rate
202U22
Maximum
Services
Special Tax
Rate Per
Single-Family Detached Property -
SF/SFHD Zonins
> 2,200 $890 $100 Unit
Single-Family Detached Property -
SF/SFHD Zonine 2,000 -2,199 790 100 Unit
Single-Family Detached Property -
SF/SFHD Zoning 1,800 - 1,999 690 r00 Unit
Single-Family Detached Property -
SF/SFHD Zonins
1 ,799 590 100 Unit
Single-Family Detached Property -
MLD Zoning N/A 490 100 Unit
MMD Multi-Family Attached
Property N/A 30,000 500 Acre
MHD Multi-Family Attached
ProperW N/A 11,700 1,000 Acre
Non-Residential Property N/A 11,700 1,000 Acre

01/11/2022 Item No.12.

Land Use Category
Residential
Floor Area
(square
footaee)
2021122
Maximum
Facilities
Special Tax
Rate
202U22
Maximum
Services
Special Tax
Rate Per
Zone l: Single-Family Detached
Property - SF/SFHD Zoning > 2,900 $2,450 $r77 Unit
Zone l: Single-Family Detached
Property - SF/SFHD Zoning
2,700 -
2,899 2,390 177 Unit
Zone I: Single-Family Detached
Property - SF/SFHD Zoning 2,699 2,350 t77 Unit
Zone 2: Single-Family Detached
Property - SF/SFHD Zoning > 3,325 3,075 177 Unit
Zone 2: Single-Family Detached
Property - SF/SFHD Zoning
3,000 -
3,324 2,950 177 Unit
Zone 2: Single-Family Detached
Property - SF/SFHD Zoning <2,999 2,845 177 Unit
Single-Family Detached Property -
MLD Zoning N/A 2,350 177 Unit
MMD Multi-Family Attached
Property N/A 30,000 s00 Acre
MHD Multi-Family Attached
ProperE N/A 11,700 1,000 Acre
Non-Residential Property N/A 11,700 1,000 Acre
The 2021122 maximum facilities special tax rates and maximum services special tax rates, for each developed land use category, are provided in the table below:

The facilities special tax can be levied and collected through Fiscal Year 2079180 for each Improvement Area. Each fiscal year, commencing wth 2022123, the maximum facilities special taxrute will be increased by 2% annually. The services special tax can be levied and collected in perpetuity for each Improvement Area. Each fiscal year, commencing with 2022123, the maximum services special tax rate will be increased by the June annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area, not to exceed 4%o.

Ordinance No. 1321 authorizes the special tax to be levied on CFD No. 23 Improvement Area No. 3 for the FY202l-22 and all subsequent years. Ordinance No. 1322 authorizes the special tax to be levied on CFD No. 23 Improvement Area No .7 for theFY202l-22 and all subsequent years. These ordinances were introduced for first reading December 14,2021. No changes have been made to the ordinance since the first reading. 5 Page 145
01/11/2022 Item No.12.

FINANCIAL IMPACT
There is no direct General Fund impact on the City of Folsom. The Improvement Area No. 3 amendment, designation of a new Improvement Area No. 7 and expenses are solely the responsibility of Improvement Area No. 3 and Improvement Area No. 7. The General Fund is not impacted by the Improvement Area No. 3 Amended Rate and Method of Apportionment and Improvement Area No. 7 Rate and Method of Apportionment.

ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration prepared for the Folsom Plan Area Backbone Infrastructure Project were previously prepared for, and adopted by the City Council on February 24,2015, in accordance with the requirements of the California Environmental Quality Act. Pursuant to CEQA Guidelines section 15378(c), the term "project" does not mean each separate govemmental approval for an approved activity which may be subject to several discretionary approvals by governmental agencies. Additionally, the creation of government funding mechanisms which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment is not defined as a o'project" under CEQA. CEQA Guidelines Section 15378(bX4) and 15061(b)(3).

ATTACHMENTS
1 . Ordinance No. I 321 - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement Area No. 3 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)

2. Ordinance No. 1322 - An Uncodified Ordinance Levying Special Taxes for the Fiscal Year 2021-22 and Following Fiscal Years Solely within and Relating to Improvement AreaNo. 7 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
Submitted,
Stacey Tamagni
Finance Director
I
6 Page 146
01/11/2022 Item No.12.

ATTACHMENT 1

01/11/2022 Item No.12.

ORDINANCE NO. 1321

AN UNCODIFIED ORDINANCE LEVYING A SPECIAL TAX FOR THE F'ISCAL YEAR 202I-2022 AND F'OLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO IMPROVEMENT AREA NO. 3 WITHIN THE CITY OF'FOLSOM coMMUNrrY FACILTTIES DTSTRTCT NO.23 (FOLSOM RANCH)
The City Council of the City of Folsom, State of California ordains as follows:

SECTION 1 PURPOSE
The City Council of the City of Folsom hereby finds, determines and declares based on the record before it that:
l. The City is authorized to establish a community facilities district pursuant to the terms of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Division 2 of Title 5 of the California Govemment Code, commencing with Section 53311 (the "Act"); and

2. Pursuant to Section 53350 of the Act, the City is authorized to designate improvement areas within the community facilities district; and

3. Pursuant to Govemment Code section 53340 and Resolution No. 10435, adopted by the City Council (the "City Council") of the City of Folsom (the "City") on May 26,2020 (the "Resolution of Formation"), the City Council formed its Community Facilities District No. 23 (Folsom Ranch) (the "Community Facilities District") and a rate and method of apportionment of the special tax (as amended, the "Special Tax") for Improvement Area No. 3 established therein was approved by an election of the qualified electors within the Community Facilities District on such date; and

4. Pursuant to Resolution No. 10747, adopted by the City Council on November 9, 2021 (he "Resolution of Consideration") and Resolution No. 10768 adopted by the City Council on December 14, 2021 (the o'Resolution of Change and, collectively with the Resolution of Formation and the Resolution of Consideration, the "Resolutions"), the City Council approved an Amended Rate and Method of Apportionment for City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 3 (the "Amended Rate and Method"), which changes were approved by an by an election of the qualified electors within the Community Facilities District on such date; and

5. The Resolutions proposed the establishment of an appropriations limit for the Improvement Area (each an ooAppropriations Limit"); and

6. The City Council desires to levy and impose the Special Tax and to take other related actions.

Ordinance No. 1321
Page I of4 Page 148
01/11/2022 Item No.12.
1 2
SECTION 2

NOW, THEREFORE, THE CITY COUNCTL OF THE CITY OF FOLSOM
RESOLVES:

The recitals set forth in Section I are true and correct.

A special tax is hereby levied on all Taxable Property (as defined in the Amended Rate and Method) within Improvement Area No.3 for the 2021-22 fiscal year and for all subsequent fiscal years in the amount of the maximum authorized tax, provided that this amount may be adjusted annually, subject to the maximum authorized special tax limit, by resolution of the City Council.

The Finance Director of the City of Folsom or designee thereof (the "CFD Administrator") is authorized and directed, to determine each year, without further action of the City Council, the Special Tax, to prepare the annual Special Tax ro11 in the amount of the Special Tax in accordance with the related exhibit and, without further action of the City Council, to provide all necessary and appropriate information to the Sacramento County Auditor-Controller's Office (the "County") in proper form, and in proper time, necessary to effect the correct and timely billing and collection of the Special Tax on the secured property tax roll of the County; provided, that as provided in the Resolutions and Section 53340 of the California Government Code, the City has reserved the right to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City of Folsom (the "City"), including but not limited to, direct billing by the City to the property owners and supplemental billing.

The appropriate officers and agents of the City are authorized to make adjustments to the Special Tax roll prior to the final posting of the Special Tax to the County tax ro11 each fiscal year, as may be necessary to achieve a correct match of the Special Tax levy with the assessor's parcel numbers finally utilized by the County in sending out property tax bills.

The City agrees that, in the event the Special Tax for the Improvement Area is collected on the secured tax roll of the County, the County may deduct its reasonable and agreed charges for collecting the Special Tax from the amounts collected, prior to remitting the Special Tax collections to the City.

Taxpayers who have requested changes or corrections of the Special Tax pursuant to Section I of the Amended Rate and Method and who are not satisfied with the decision of the CFD Administrator (whether the CFD Administrator disagrees with the taxpayer or concludes that the City is not authorizedto consider the change requested), may appeal to the City Council. The appeal must be in writing, fully explain the grounds of appeal and must be based solely on the correction of mistakes in the levy based upon the status of the property, and no other appeals will be allowed. The CFD Administrator shall schedule the appeal for consideration within a reasonable time at aCity Council meeting.

Ordinance No. 1321

aJ
4 5
6

01/11/2022 Item No.12.

SECTION 3 SEVERABILITY
If for any cause any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this ordinance, and the application of the Special Tax to the remaining parcels, shall not be affected.

SECTION 4 EFFECTM DATE; EFFECT ON ORDINANCE NO. 1305
This ordinance shall take effect and be in force as a tax measure thirty (30) days following its second reading and adoption at a meeting of the City Council; and before the expiration of twenty (20) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the District.

Ordinance No. 1305 adopted by the City Council on June 9, 2020, shall be superseded, solely with respect to Improvement Area No. 3, to the extent it is inconsistent with this ordinance, upon the date that this ordinance takes effect, as described in the immediately preceding paragraph.
{. {. ,r
Ordinance No. 1321

01/11/2022 Item No.12.

This ordinance was introduced and the title thereof read atthe regular meeting of the City Council on December 14,2021 and the second reading occurred at the regular meeting of the City Council on January 11,2022.

On a motion by second by the foregoing ordinance
was passed and adopted by the City Council of the City of Folsom, State of California, this 1lth day of January,2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Ordinance No. l32l

01/11/2022 Item No.12.

ATTACHMENT 2

01/11/2022 Item No.12.
1 2
ORDINANCE NO. 1322

AN UNCODIF'IED ORDINANCE LEVYING SPECIAL TAXES
F'OR THE FISCAL YEAR 202I.22 AND FOLLOWING FISCAL YEARS SOLELY WITHIN AND RELATING TO IMPROVEMENT AREA NO. 7 WITHIN

THE CITY OF'F'OLSOM
COMMUNITY FACILITIES DISTRICT NO. 23
(FOLSOM RANCH)
The City Council of the City of Folsom hereby ordains as follows:

SECTION 1 PURPOSE
The City Council of the City of Folsom hereby finds, determines and declares based on the record before it that:

The City is authorized to establish a community facilities district pursuant to the terms of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Division 2 of Title 5 of the California Government Code, commencing with Section 53311(the "Act"); and Pursuant to Section 53350 of the Act, the City is authorized to designate improvement areas within the community facilities district; and
On December 14, 2021, the City Council adopted its Resolution No. 10769 (the "Resolution of Designation") designating Improvement Area No. 7 (the oolmprovement Area") within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (the "District") pursuant to the Act; and In accordance with the Rate and Method of Apportionment for City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 7, the Resolution of Designation approved the annual levy, subject to voter approval, of a special tax in connection with the Improvement Area (the "Special Tax"); and The Resolution of Designation proposed the establishment of an appropriations limit for the Improvement Area (the "Appropriations Limit"); and
On December 14,2021, the City Clerk, as elections official, conducted an election of the landowners of the Improvement Area (the "Election"); and On December 14,2021, the City Council adopted its Resolution No. 10772 certiffing that, atthe Election, the landowners of the Improvement Area approved the Special Tax and the Appropriations Limit relating to the Improvement Area; and 8 The City Council desires to levy and impose the Special Tax and to take other related actions.

Ordinance No. 1322
Page I of3
aJ
4 5

6. 7

01/11/2022 Item No.12.
)
J
4 5
6 SECTION 2

NOW, THEREX'ORE, THE CITY COUNCIL OF THE CITY OF FOLSOM RESOLVES:

1. The recitals set forth in Section 1 are true and correct.

A special tax is hereby levied on all Taxable Property (as defined in the rate and method of apportionment of special tax for the Improvement Area) within Improvement Area No. 7 for the 202I-22 fiscal year and for all subsequent fiscal years in the amount of the maximum authorized tax, provided that this amount may be adjusted annually, subject to the maximum authorized special tax limit, by resolution of the City Council.

The Finance Director of the City of Folsom or designee thereof (the "CFD Administrator") is authorized and directed, to determine each year, without further action of the City Council, the Special Tax, to prepare the annual Special Tax roll in the amount of the Special Tax in accordance with the related exhibit and, without further action of the City Council, to provide all necessary and appropriate information to the Sacramento County Auditor- Controller's Office (the "County") in proper form, and in proper time, necessary to effect the correct and timely billing and collection of the Special Tax on the secured property tax roll of the County; provided, that as provided in the Resolution of Designation and Section 53340 of the California Government Code, the City has reserved the right to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of the City of Folsom (the "City"), including but not limited to, direct billing by the City to the property owners and supplemental billing.

The appropriate officers and agents of the City are authorized to make adjustments to the Special Tax roll prior to the final posting of the Special Tax to the County tax roll each fiscal year, as may be necessary to achieve a correct match of the Special Tax levy with the assessor's parcel numbers finally utilized by the County in sending out property tax bills.

The City agrees that, in the event the Special Tax for the Improvement Area is collected on the secured tax roll of the County, the County may deduct its reasonable and agreed charges for collecting the Special Tax from the amounts collected, prior to remitting the Special Tax collections to the City.

Taxpayers who have requested changes or corrections of the Special Tax pursuant to Section I of the Rate and Method of Apportionment for the Improvement Area and who are not satisfied with the decision of the CFD Administrator (whether the CFD Administrator disagrees with the taxpayer or concludes that the City is not authorized to consider the change requested), may appeal to the City Council. The appeal must be in writing, fully explain the grounds of appeal and must be based solely on the correction of mistakes in the levy based upon the status of the property, and no other appeals will be allowed. The CFD Administrator shall schedule the appeal for consideration within a reasonable time at aCity Council meeting.

Ordinance No. 1322
Page2 of3 Page 154
01/11/2022 Item No.12.

SECTION 3 SEVERABILITY
If for any cause any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel by a court of competent jurisdiction, the balance of this ordinance, and the application of the Special Tax to the remaining parcels, shall not be affected.

SECTION 4 EF'F'ECTIVE DATE
This ordinance shall take effect and be in force as a tax measure thirty (30) days following its second reading and adoptionata meeting of the City Council; and before the expiration of twenty (20) days after its passage the same shall be published, with the rurmes of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the District.

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on December 14,2021, and the second reading is to occur at the regular meeting of the City Council on January 11,2022.

On a motion by Council Member seconded by Council
Member the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this l lthday of January, 2022by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
Christa Freemantle, CITY CLERK
Ordinance No. 1322

01/11/2022 Item No.12.

This page is intentionally left blank.

01/11/2022 Item No.12.
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Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Move to Adopt Resolution No. 10780 - A Resolution to Approve a Small-Lot Vesting Tentative Subdivision Map and Minor Administrative Modification for the Toll Brothers at Folsom Ranch Phase 2 Subdivision Project

BACKGROUND / ISSUE
On March 10,2020, the City Council approved a General Plan Amendment, Specific Plan Amendment, Small-Lot Vesting Tentative Subdivision Map, Development Agreement Amendments, Planned Development Permit, and Inclusionary Housing Plan for development of a 1,225-unit active adult and traditional single-family residential subdivision (Toll Brothers at Folsom Ranch Subdivision) on a 314-acre site located at the northwest corner of the intersection of East Bidwell Street and White Rock Road within the Folsom Plan Area. The 1,225 approved residential units associated with the Toll Brothers at Folsom Ranch Subdivision included 590 residential units (tentative map approved) within Phase 1 of the active adult community, 42I residential units (no map approved) within Phase 2 of the active adult community, and 214 single-family residential units (tentative map approved) within a traditional subdivision.
1 MEETING DATE: utl12022
AGENDA SECTION: Public Hearing
SUBJECT: Toll Brothers at Folsom Ranch Phase 2 Subdivision - Northwest corner of White Rock Road and East Bidwell Street in the Folsom Plan Area (PN 20-267)
i. Resolution No. 10780 - A Resolution to Approve a Small- Lot Vesting Tentative Subdivision Map and Minor
Administrative Modification for the Toll Brothers at
Folsom Ranch Phase 2 Subdivision Proiect
F'ROM: Community Development Department

01/11/2022 Item No.13.

All of the entitlements referenced above apply to the entire Toll Brothers at Folsom Ranch Subdivision project (Phase 1 and Phase 2 of active adult community and the traditional subdivision). However, it is important to point out that the Phase 2 portion of the active adult community was not mapped previously, which is why the applicant has submitted the subject Small-Lot Vesting Tentative Subdivision Map application. As described previously, Phase 2 of the Toll Brothers at Folsom Ranch active adult community was approved for development with 42I unmapped residential units. However, based on a number of site constraints (topography, property shape, etc.) associated with the subject property, the applicant is only proposing developmentof 329 residential units within Phase 2,92units less thanwas originally anticipated.

One of the entitlements approved with the Toll Brothers at Folsom Ranch Subdivision project was a Planned Development Permit. The Planned Development Permit established specific development standards and architectural designs for the active adult portion of the Toll Brothers at Folsom Ranch Subdivision. Approved modifications to the development standards, which were tailored to meet the specific needs of the active adult community, included increasing the maximum allowable lot coverage, reducing the minimum required garage setbacks, and reducing the minimum required rear yard setbacks. In relation to architecture and design, five different product lines with three single-story master plans were approved for the Toll Brothers at Folsom Ranch Subdivision. The approved master plans feature four distinct architectural themes that were chosen from the traditional heritage of California home styles including Italian Villa, Spanish Colonial, Modern Craftsman, and Modern Farmhouse.

On October 7,2020, the Planning Commission approved a Design Review application for development of an 18,600-square-foot single-story clubhouse building with associated recreational amenities on a S-acre site located within the Phase I portion of the Toll Brothers at Folsom Ranch Subdivision. In terms of recreational amenities, the approved clubhouse facility included an indoor swimming pool, an outdoor swimming pool, a spa, a fitness center, a social hall, multipurpose rooms, pickle ball courts, bocce ball courts, a putting green, and lounge areas.

The applicant, Toll Brothers Inc., is requesting approval of a Small-Lot Vesting Tentative Subdivision Map and Minor Administrative Modification for development of a 329-unit single-family residential subdivision on a64.7-acre site located at the northwest corner of the intersection of East Bidwell Street and White Rock Road within the Folsom Plan Area.

The proposed Small-Lot Vesting Tentative Subdivision Map will result in the creation of a total of 348lots including329 residential lots, 14landscape lots,3 open space lots, I dog park lot, and I private recreation lot. The proposed subdivision includes an attached townhome product with lots that are 43' x 80' (3,440 SF) in size, and a detached single-family product with lots that are 50' x 90' (4,500 SF), 55' x95' (5,225 SF), and 65' x95' (6,175 SF) in size respectively. A land use summary and the proposed Small-Lot Vesting Tentative Subdivision Map is shown on the following pages.
2 Page 158
01/11/2022 Item No.13.

TABLE 1: LAND USE SUMMARY
Land use Summary
GP SP OwnorCrlp,
Malntonsnce
DrYolllng
Unlt!
Acro!
Gro$
Acrer Not
Land U$
(Aclir€ Adult)
(Aclivs Adull)
SFHD SP-sFHD.PD Hom€own€r SingleFamily High Density Resid€nti6l 71 100
86 55.7 51.7 5.0
4ii'x8o' (Acti\€ Adult)
MLD SP-MLD.PD Homewoner Multi-Family Low Density Residential Townhomes
72 8.2 8.2 8.8
Lot A SFHD SP€FHD.PD HOA Pri\atg Rocre€tion 0.0 1.2
Lot I SFHD SP€FHD+D HOA Doo Perk 0.0 0.5
L€ndscao€ SFHD SP€FHD,PD HOA Landscap€ 0.0 2.3
0S/Landscaoo os sPos HOA Op€n Space / Landscap€ (Measuro W) 0.3 0.3 opon Spaco (Lot S) SFHD SPSFHD-PD Citv Ooon SDace o01 0.01 ROW 0_5
329 u.7 u.l
3 Page 159
01/11/2022 Item No.13.

FIGURE I: SMALL-LOT VESTING TENTATIVE SUBDIVISION MAP
Primary vehicle access to the project site is provided by Regency Parkway, which will connect to East Bidwell Street to the east and Mangini Parkway to the north. Internal vehicle circulation is proposed to be provided by a series of residential streets, all of which directly or indirectly tie into Regency Parkway. Bicycle and pedestrian circulation are provided by a combination of detached sidewalks, attached sidewalks, Class I bicycle trails, Class II bicycle lanes, and connections to nearby future Class I bicycle trails. Parking will be accommodated by two-car off-street garages associated with each ofthe residential units and on-street parking.

Additional site improvements include underground utilities, site lighting, site landscaping, retaining walls, sound walls, fencing, and project identification signs. Off-site improvements include construction of two off-site hydromodification basins (Basins No. 5 and No. 16) located to the west and north of the project site respectively. The Master Plan Exhibit for the Toll Brothers at Folsom Ranch Subdivision and the proposed street sections are shown on the 4 tl.ll
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01/11/2022 Item No.13.
following pages.

FIGURE 2: TOLL BROTHERS AT FOLSOM RANCH MASTER PLAN EXHIBIT ll(;lllcY Al KtBoil lallol
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5 Page 161
01/11/2022 Item No.13.

FIGURE 3: REGENCY PARKWAY STREET SECTION
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01/11/2022 Item No.13.

A Minor Administrative Modihcation is also proposed to transfer 92 allocated dwelling units from the project site to other locations within the Folsom Plan Area Specific Plan. The Minor Administrative Amendment Exhibit is shown in Figure.5 below.

FIGURE 5: MNOR ADMINISTRATIVE AMENDMENT EXHIBIT
The applicant's request for approval of a Small-Lot Vesting Tentative Subdivision Map and Minor Administrative Modification was considered by the Planning Commission at its December I,2021 meeting. At this meeting, the Planning Commission discussed a number of issues associated with the proposed project including drought tolerant landscaping, private park amenities and usage, tree preservation, and the transfer of allocated dwelling units. With respect to drought tolerant landscaping, the Commission engaged in a lengthy discussion as to whether turf should be permitted in the front yards of the homes within the subdivision due to current drought conditions and also because of the increased amount of water and maintenance that lawns require as compared to other drought tolerant landscape materials. In response to this concern, the applicant stated that they are already required to comply with all local and state water regulations in relation to water consumption and the installation of front yard landscaping within the subdivision. In addition, the applicant commented that it was important to them to retain the option to plant turf in the front yards of the homes to accommodate future 7 t& a,agQ:e
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01/11/2022 Item No.13.
homeowner requests and market demand. The Commission concluded that restricting the use of turf in the front yards of homes is an important topic, however, the Commission stated that issue has broader public policy implications and should be addressed globally by decision makers rather than on a project-by-project basis.

In relation to private park amenities, the Commission had questions regarding the maintenance responsibilities and operational characteristics of the two proposed private park amenities (0.5- acre dog park and 1.2- acre grass amphitheater) within the subdivision. In response to these questions, the applicant indicated that the homeowners association would be responsible for maintenance of the two private park amenities. In addition, the applicant responded that homeowners association would be in charge of determining the operation characteristics of the two private parks including the ability to rent out all or a portion of the amenities for private functions.

With regard to tree preservation, the Commission expressed gratitude to the applicant for their concerted effort to preserve oak trees within the subdivision. In particular, the Commission was pleased that the applicant is preserving a 35-inch diameter oak tree located at one of the project's main entrances at the intersection of Mangini Parkway and Regency Parkway. The Commission was also supportive of the applicant's decision to pursue planting of oak trees within the subdivision as a means to satisffing their oak tree mitigation requirements associated with removal of oak trees within the subdivision.

Lastly, the Commission had questions regarding transfer of allocated dwelling units from the project site to other locations within the Folsom Plan Area. Specifically, the Commission wanted to verifu that the dwelling units were being transferred to other residential-designated properties within the Folsom Plan Area that had the capacity to accommodate the dwelling units. City staff confirmed that the transfer of the 92 allocated dwelling units from the project site to other locations within the Folsom Plan Area was consistent with all of the Minor Administrative Modification requirements established by the Folsom Plan Area Specific Plan including the requirement that the allocated units be transferred to parcels designated for residential land use and that there be no net increase in overall residential units. The Planning Commission expressed their support for the project and adopted a motion (6-1-0-0) to recommend approval of the proposed project to the City Council, subject to the findings included with this report.

POLICY / RULE
The Folsom Municipal Code GMO requires that applications for Tentative Subdivision Maps be forwarded to the City Council for final action. City Council actions regarding Tentative Subdivision Maps are covered under Section 16.16.080 of the Folsom Municipal Code. 8 Page 164
01/11/2022 Item No.13.

ANALYSIS
The following sections provide an analysis of the applicant's proposal A. General Plan and Zoning Consistency
B. Small-Lot Vesting Tentative Subdivision Map
C. Traffi c/Access/Circulation
D. Parking
E. Noise Impacts
F. Walls/Fencing
G. Measure W and Open Space
H. Private Park Amenities
I. Oak Tree Preservation and Removal
J. Inclusionary Housing Plan
K. MinorAdministrative Modification
This section also includes a discussion of the project's performance with relation to relevant policies in the Folsom General Plan and the Folsom Plan Area Specific Plan:

L. Conformance with Relevant Folsom General Plan Folsom Plan Area Specific Plan Objectives and Policies
A. General Plan and ZoningConsistency
The 64.7-acre project site has General Plan land use designations of SFHD (Single-Family High Density), MLD (Multi-Family Low Density), and OS (Open Space) and Specific Plan designations of SP-SFHD-PD (Specific Plan-Single-Family High Density- Planned Development Permit District), SP-MLD-PD (Specific Plan-Multi-Family Low Density-Planned Development District), and SP-OS (Specific Plan-Open Space). The project is consistent with both the General Plan and the Specific Plan land use designations, as single- family attached and single-family detached residential units are identified as permitted land uses within the Folsom Plan Area Specific Plan (FPASP, Table A.1). The proposed project, which will be developed with 5.0 (SFHD) and 8.8 (MLD) dwelling units per acre respectively, is also consistent with the allowable density ranges (4 to 7 artdT to 12 dwelling units per acre) established by the General Plan (Table LU-l: Residential Designations) and the FPASP. In addition, the proposed project is consistent with the development standards established for the Toll Brothers at Folsom Ranch Subdivision.
9 Page 165
01/11/2022 Item No.13.

B. Small-Lot Vesting Tentative Subdivision Map
As described in the project description, the proposed project includes a request for approval of a Small-Lot Vesting Tentative Subdivision Map to create of a total of 348 lots including 329 residential lots, 14 landscape lots, 3 open space lots, I dog park lot, and I private recreation lot. The proposed residentials lots would be of varying dimensions and sizes as described in the table below:

TABLE 2: TOLL BROTHERS PHASE 2 SUBDIVISION LOT DISTRIBUTION TABLE All roadways (streets and courts) within the Toll Brothers at Folsom Ranch Phase 2 Subdivision project are proposed to be private streets and are consistent with the street standards established by the Folsom Plan Area Specific Plan. Staff recommends that public utility easements be provided for all public utilities located within the private streets to the satisfaction of the Community Development Department. Condition No. 6 is included to reflect this requirement.

Staff has determined that the proposed Small-Lot Vesting Tentative Subdivision Map complies with all City requirements, as well as with the requirements of the State Subdivision Map Act.

C. Traflic/Access/Circulation
The Folsom Plan Area Specific Plan established a series of plans and policies for the circulation system within the entire Plan Area. The FPASP circulation system was designed with a sustainable community focus on the movement of people and provides a number of mobility alternatives such as walking, cycling, carpooling, and viable forms of public transportation in addition to vehicular circulation. The circulation plan evaluated regional travel, both in terms of connectivity and capacity as well as local internal connections and access.

The 2011 Folsom Plan Area Specific Plan Environmental Impact Report/Environmental Impact Statement included not only a detailed analysis of traffrc-related impacts within the Plan Area, but also an evaluation of traffic-related impacts on the surrounding communities.

In total, there are fifty-five (55) traffic-related mitigation measures associated with development of the FPASP which are included as conditions of approval for the Toll Brothers at Folsom Ranch project. Many of these mitigation measures are expected to reduce traffrc impacts to East Bidwell Street. Included among the mitigation measures are requirements to; fund and construct roadway improvements within the Plan Area, pay fair-share contribution Toll Brothers at Folsom Ranch Phase 2 Subdivision Lot Distribution Product
Type
GP
Designation
SP Designation Dwelling
Units
Lot
Dimensions
Lot
Sizes
Sinsle-Family SFHD SP-SFHD-PD 89 50'by 95' 4,500 sF
Sinsle-Family SFHD SP-SFHD-PD 98 55'by 95' 5,225 SF
Sinele-Family SFHD SP-SFHD-PD 70 65'by 95' 6,175 SF
Townhome MLD SP-MLD-PD 72 42'by 80' 3,440 SF
l0Page 166
01/11/2022 Item No.13.
for construction of improvements north of U.S. Highway 50, participate in the City's Transportation System Management Fee Program, and Participate in the U.S. Highway 50 Corridor Transportation Management Association. The Toll Brothers at Folsom Ranch Phase 2 Subdivision project is subject to all traffic-related mitigation measures required by the 2011 FPASP EIR/EIS.

On November 11, 2019, T.KEAR Transportation Planning & Management completed a Transportation Impact Study for the previously approved Toll Brothers at Folsom Ranch Subdivision project to determine whether additional impacts would occur that were not previously identified and addressed by the20l1 FPASP EIR/EIS and the 2015 Westland-Eagle Specific Plan Addendum to the FPASP EIR/EIS. This Study analyzedtraffic operations at 19 intersections, three arterial roadway segments, and the U.S. Highway 50 Freeway under four scenarios: Existing Conditions, Existing Plus Project Conditions, Existing Plus Planned and Approved Projects Conditions (EPPAP), Existing Plus Planned and Approved Projects Plus Project Conditions (EPPAP Plus Project). In addition, a cumulative analysis was prepared to evaluate the ultimate lane and geometry requirements at street intersections internal and adjacent to the project site.

The Study determined that the Toll Brothers at Folsom Ranch project (including all1,225 +l- dwelling units in Regency Phase 1, Regency Phase 2, and Future Traditional Subdivision) would generate approximately 6,716 daily vehicle trips including 439 vehicle trips during the weekday AM peak hour and 557 vehicle trips during the weekday PM peak hour. The Study also determined that, with planned street and intersection improvements, the project would not create any new significant impacts under Existing Plus Project Conditions or EPPAP Plus Project Conditions when compared to the FPASP EIR/EIS and the Westland-Eagle Specific Plan Amendment Addendum. In addition, all arterial and freeway study segments were found to operate at acceptable levels of service both with and without the project under all study scenarios.

The Study also concluded that with the proposed improvements, the project does not create any new significant deficiencies under Existing Plus Project Conditions or EPPAP Plus Project Conditions. Table 5 and Figure 10 summarize required on-site and off-site street intersection improvements and associated timing of those improvements. No new mitigation measures are needed, although the 2019 Study includes recommendations that phase the ultimate improvements originally identified in the traffrc analysis for the FPASP. The Figure on the following page includes the locations and a summary of the required roadway improvements associated with the approved Toll Brothers at Folsom Ranch Subdivision project. 11Page 167
01/11/2022 Item No.13.

I

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FIGURE 6: LOCATIONS AND SUMMARY OF REQUIRED ROADWAY

IMPROVEMENTS
As mentioned in the project description section of this staff report, primary vehicle access to the Toll Brothers at Folsom Ranch Phase 2 Subdivision site will be provided by Regency Parkway, which will connect to East Bidwell Street to the east and Mangini Parkway to the north. Internal vehicle circulation is proposed to be provided by a series of residential streets, all of which directly or indirectly tie into Regency Parkway. Bicycle and pedestrian circulation are provided by a combination of detached sidewalks, attached sidewalks, Class I bicycle trails, Class II bicycle lanes, and connections to nearby future Class I bicycle trails.

A majority of the required roadway improvements associated with the overall Toll Brothers at Folsom Ranch Subdivision will be constructed with development of the first phase (Phase l) of the Toll Brothers at Folsom Ranch Subdivision. However, there are still a number of required roadway improvements that will need to be constructed with the proposed project (Phase 2) including the following:
t2Page 168
01/11/2022 Item No.13.

Regency Parkway (Segment 2)
o Construct Regency Parkway as a two-lane roadway from Street F to the planned bridge over creek at the western edge of the Regency Phase 1 Small-Lot Vesting Tentative Subdivision Map.

Regency Parkway (Segment 3)
o Construct Regency Parkway as a two-lane roadway from the eastern edge of the planned bridge over the creek bisecting the project site to Mangini Parkway.

Mangini Parkway/Regency Parkway (Driveway 3)
o Construct driveway as shown in (Figure 47 of the November 20,2019 Transportation Impact Study):

East Bidwell Street/Regency Parkway (Driveway 6)
o Modifu driveway as shown in (Figure 51 of the November 20,2019, Transportation Impact Study), unless intersection has been signalized:

Regency Phase 2Internal Stop Control
. Stop Control shall be installed at arty intemal Regency Phase 2 intersections with four (or more) legs as directed by the City Engineer. Roundabouts may replace stop control at intemal intersections with authorization from the City Engineer.

East Bidwell Street/Mangini Parkway
o Expand the intersection and update signal configuration as follows (Figure 57 of the November 20, 2019 Transportation Impact Study) :

East Bidwell St/Alder Creek Parkway
o Reconstruct and modifr signal at the East Bidwell Street/Alder Creek Parkway intersection as shown in Figure 59 of the November 20, 2019, Transportation Impact Study:

East Bidwell Street/Savannah Parkway
o Reconstruct the East Bidwell Street/Savannah Pkwy intersection with the following geometry (Figure 61 of the November 20,2019, Transportation Impact Study):

The aforementioned roadway improvements are included as conditions of approval for development of the proposed project (Condition Nos. 19-26).

D. Parking
The Folsom Plan Area Specific Plan requires that single-family residential units located within a Single-Family High Density (SFHD) designated area provide two covered parking spaces per unit. The FPASP does not require a specific amount of on-street guest parking spaces for single-family residential units within an SFHD designated area. The Folsom Plan Area Specific Plan also requires that single-family residential units (townhome product) located t3Page 169
01/11/2022 Item No.13.
within a Multi-Family Low Density (MLD) designated area provide two covered parking spaces per unit. The FPASP also requires that single-family residential units located within an MLD designated area provide a minimum of 0.8 guest parking spaces per unit.

Each of the single-family residential units within the SFHD designated areas and each of the single-family units (townhome product) within the MLD designated areas will include an attached two-car garage, thus meeting the covered parking requirement of the FPASP. In addition, the project (includes combination of single-family units and townhome units) provides a minimum of 0.8 on-street guest parking spaces, thus meeting the on-street guest parking requirement established by the FPASP.

E. Noise Impacts
A supplemental Environmental Noise Assessment was previously prepared by Bollard Acoustical in order to verifr that there would be no new noise-related impacts associated with the To11 Brothers at Folsom Ranch Subdivision project that were not contemplated and addressed by the 20ll FPASP EIR/EIS and the 2015 Westland-Eagle Specific Plan Amendment Addendum.

The purpose of the supplemental Noise Assessment was to quantifu future noise levels at the Toll Brothers at Folsom Ranch project site which would be generated by trafftc on nearby existing and proposed roadways and by construction occurring within the Toll Brothers site, and to compare those noise levels against the noise standards established by the Noise Element in the City's General Plan.

In addition, the Assessment evaluated compliance of the proposed project with the FPASP EIR/EIS noise mitigation measures. The Assessment determined that portions of the proposed Toll Brothers project located adjacent to major roadways will be exposed to future traffic noise levels in excess of the City of Folsom exterior (60 Dba) noise level standard. To achieve compliance with the required exterior noise level standard, staff recommends that the following measures be implemented:

Solid noise barriers or similar natural features (earthen berms, etc.) shall be constructed adjacent to Oak Avenue Parkway, Mangini Parkway, White Rock Road, and East Bidwell Street to reduce future trafhc noise levels to below the City of Folsom exterior criteria of 60 dB Ldn at the proposed residential backyards. Barrier heights are specified relative to backyard elevations, and vary from 6 feet to 8 feet in height as shown in Figure 4 of the Noise Assessment (and as shown in Figure 7 on the following page).

Mechanical ventilation (air conditioning) shall be provided for all residences within the Toll Brothers project to allow the occupants to qlose doors and windows as desired to achieve compliance with the applicable interior noise level criteria. a
l4Page 170
01/11/2022 Item No.13.

FIGURE 7: NOISE MITIGATION LOCATION MAP
The Assessment also determined that the proposed project complies and is consistent with the noise requirements established by the FPASP EIR/EIS and that there would not be an increase in the severity of noise-related impacts compared to the significance determination contained in the FPASP EIR/EIS. In addition to the noise measures recommended above, the proposed project is subject to the noise mitigation measures identified within the 2011 FPASP EIR/EIS and the 2015 Westland-Eagle Specific Plan Amendment Addendum.

F. Walls/Tencing
The applicant is proposing to secure and screen the project site with a combination of walls and fences as shown in Figure 8 on the following page. A split-face block wall is proposed around the perimeter of the project, generally six feet in height but increasing up to 8 feet in height to implement recommended noise reductions measures (see the discussion of Noise, earlier in this report).

Private yard areas for the individual residential lots are proposed to be screened by a combination of wood fencing, open-view fencing, and masonry walls. The wood fencing will be utilized for the interior side yards, street side yards, and rear yards ofthe residential lots.

The open-view fencing will be utilized for the rear yards on residential lots located adjacent to open space areas (where noise mitigation is not required). Masonry walls will be installed at various locations throughout the project site to minimize potential noise and privacy concerns. -
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01/11/2022 Item No.13.

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G. Measure W and Open Space
In2004,the City of Folsom electorate voted in favor of Measure W, which was an amendment to the City Charter regarding local control of the Folsom Plan Area south of U.S. Highway 50.

Measure W included seven major components including: water supply, transportation, open space, schools, development plan, public notice, and implementation.

The Folsom Plan Area Specific Plan complied with each of the aforementioned components through the provision of at least 30% open space, adoption of a transportation infrastructure funding and phasing plan, identification and securing of a water source, submission of a funding and construction plan for school facilities to the FCUSD, adoption of a General Plan Amendment for the Plan Area, conducting a comprehensive series of public meetings and hearings, and adoption of the required documents (including CEQA) to approve the FPASP.

The approved Toll Brothers at Folsom Ranch Subdivision project increased the amount of Measure W open space from 83.9 acres to 86.1 acres, and is consistent with the FPASP, and thus is in compliance with the requirements of Measure W. The proposed Toll Brothers at Folsom Ranch Phase 2 Subdivision project will not result in any changes with respect to Measure W open space.
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H. Private Park Amenities
As shown on the Small-Lot Vesting Tentative Subdivision Map, the Toll Brothers at Folsom Ranch Phase 2 Subdivision includes two private park amenities. The first private park amenity is a 0.5-acre dog park which is located on the north side of Regency Parkway in the eastem portion of the project site. The second private park amenity, which is a 1.2-acre park areathat will feature alarge grass amphitheater, is located on the south side of Regency Parkway in the western portion of the project site. The applicant is proposing to construct the dog park prior to issuance of the 640th building permit and the amphitheater park prior to issuance of the 830th building permit for the overall Toll Brothers at Folsom Ranch Subdivision.

I. Oak Tree Preservation and Removal
As required by the City of Folsom Charter, the Folsom Plan Area Specific Plan preserves thirty percent of the Plan Area in perpetual open space that will encompass valuable natural resources such as oak woodlands. The FPASP uses the California Oak Woodland Conservation Act of 2001 definition of oak woodlands as "oak stands with a greater than llYo canopy cover." The oak woodlands, isolated oak tree canopy, and individual oak trees within the Plan Area are exclusively located in the western section (west of East Bidwell Street) and consist of 642- acres of oak woodland habitat with a canopy cover of 249-acres (approximately 39Yo canopy cover). Additionally, the Plan Area contains l0-acres of isolated oak tree canopy that is not classified as oak woodlands because it has less than 10% canopy cover. Figure 9 on the following page illustrates the location of the blue oak woodlands and individual oak trees within the Folsom Plan Area and also within the boundaries of the project site. t7Page 173
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FIGURE 9: FPASP OAK WOODLAND PRESERVE EXHIBIT
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The FPASP includes a number of oak woodlands and isolated oak tree mitigation objectives and policies to ensure the preservation of large expanses of oak woodlands within the Folsom Plan Area. However, the FPASP also recognizes that required infrastructure to accommodate development will result in unavoidable impacts to oak woodlands and isolated oak trees. In particular, the FPASP identified approximately l2l-acres of unavoidable oak woodland impacts for construction of Plan Areabackbone infrastructure. In addition, approximately I 14- acres of potential oak woodland impacts were identified by the FPASP in conjunction with construction on residential and non-residential parcels in the Plan Area. Lastly, the FPASP identified approximately 8.41-acres of isolated oak tree canopy that may be impacted by construction of backbone infrastructure as well as development on residential and non- residential parcels in the Plan Area.

As mentioned previously, the overall Toll Brothers at Folsom Ranch Subdivision includes oak woodland, isolated oak tree canopy, and individual oak trees that are scattered throughout the grassland community. As part of approval of the To11 Brothers at Folsom Ranch Subdivision project, the open space (included oak woodland) boundary in the central portion of the project site was adjusted resulting in an overall increase of open space from 83.9 acres to 86.1 acres.

Figure 10 on the following page shows the approved Tree Preservation/Removal Plan for the Toll Brothers at Folsom Ranch Subdivision.
t8Page 174
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FIGURE IO: TREE PRESERVATION/REMOVAL PLAN
The Toll Brothers at Folsom Ranch Phase 2 Subdivision project site features a total of 27 oak trees including 14 oak trees which are proposed to be removed due to excessive cut and fill conditions (+l- 5 feet), 8 oak trees which are proposed to be removed due to poor health and structure, and 5 trees which are proposed to be preserved. The proposed Tree Preservation/Tree Removal Plan is shown in Figure 1l on the following page. o
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t9Page 175
01/11/2022 Item No.13.

FIGURE 11: TREE PRESERVATION/REMOVAL PLAN
As described earlier within this report, the topography of the project site is quite varied with slopes varying between 0 percent and 15 percent and elevations ranging ftom326 feet to 399 feet above sea level. As a result, a significant amount of grading is required within the development areas with cuts of up to 51 feet and fills up to 34 feet, making it challenging to preserve oak trees throughout many portions of the project site. That being said, City staff worked closely with the applicant in an effort to preserve as many oak trees as possible on the project site. A direct result of this coordination is the preservation of 5 oak trees including a prominent 35-inch diameter oak tree (Tree No. 62) which will be located in a landscape median at the project entrance off of Mangini Parkway. A photograph of this 35-inch diameter oak tree is shown on the following page:
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20Page 176
01/11/2022 Item No.13.

FIGURE 12: PHOTOGRAPH OF OAK TREE AT PROJECT ENTRANCE
As required by the FPASP EIR/EIS (Mitigation Measure 3A.3-5), the applicant is required to submit an Oak Tree Mitigation Plan consistent with the approved Oak Tree Mitigation and Monitoring Plan for the FPASP to mitigate for impacts to the individual oak trees and isolated oak tree canopy areas located on the project site. To mitigate for the impact to the individual or isolated oak trees, staff recommends that the following measure be implemented (Condition No.49):
o A Tree Permit Application containing an application form, justification statement, site map, preservation progftrm, and arborist's report shall be submitted to the City of Folsom by the owner/applicant for issuance of a Tree Permit prior to commencement of any grading or site improvement activities.

A Mitigation Plan shall be prepared by the owner/applicant to mitigate for the removal of the protected Isolated Oak Trees within the development site. The Mitigation Plan for the Isolated Oak Trees shall consist of replacement trees and/or payment of "In-Lieu" fees on a diameter inch bases consistent with 10-14, l0-15 of the FPASP. Replacement trees may be located within the boundaries of the development parcel, a natural parkway, landscape corridor or passive or preserve open space zone, preferably within the Folsom Plan Area. a
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The Mitigation Plan for the Isolated Oak Trees shall be subiect to review and approval by the City.

The Conservation Areas shall be fenced prior to construction. In addition, oak trees to be preserved within the Passive Recreation Open Spaces shall be fenced with high visibility fencing prior to starting construction. The fencing shall be installed outside the tree preservation zone ofoak trees, and shall surround the entirety ofthe tree preservation zone area. Parking of vehicles, equipment, or storage of materials is prohibited within the Tree Protection Zone of Protected Trees at all times. Signs shall be posted on exclusion fencing stating that the enclosed trees are to be preserved. Signs shall state the penalty for damage to, or removal of, the protected tree.

The owner/applicant shall retain an ISA certified project arborist for implementation of the project. The project arborist shall be responsible for overseeing onsite tree removal and tree preservation. Oak trees located adjacent to construction areas that may be indirectly impacted due to work within or near the Tree Protection Zone shall be identified and tagged by the project arborist during construction activities. The indirectly impacted trees shall be monitored by the project arborist for five years in accordance with the Conceptual Oak Plan and FPASP EIR/EIS Mitigation Measure 3A.3-5. Trees that appear to be dead or dying within five years of project implementation will be replaced as per the requirements of this Plan.
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J. Inclusionary Housing Plan
As permitted by the City's Inclusionary Housing Ordinance, the applicant is proposing to meet their inclusionary housing requirement by providing an in-lieu fee payment (Attachment 14).

The in-lieu fee payment is calculated by multiplying one percent of the lowest priced for-sale residential unit within the proposed subdivision by the total number of for-sale residential units within the proposed subdivision. The in-lieu fee is payable at the time of the building permit on a per-unit basis.

Staff recommends that the Final Inclusionary Housing Plan be approved by the City Council and that subsequently the Inclusionary Housing Agreement be approved by the City Attomey and executed prior to recordation of the Small-Lot Final Subdivision Map. Condition No. 55 is included to reflect these requirements.

K. Minor Administrative Modification
The proposed project includes a request for approval of a Minor Administrative Modification (Attachment 13) for the transfer of development rights to move 92 allocated dwelling units from the project site (Parcels 172A and l72B) to four other parcels (Parcels 19B.,26,27, and 58) located within the Folsom Plan Area Specific Plan.

The FPASP permits flexibility in making minor adjustments to land use locations and parcel boundaries and also with regard to transferring residential unit allocations to reflect changing 22Page 178
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market demand. With respect to transferring residential unit allocations, the FPASP states that "the City shall approve residential dwelling unit allocation transfers or density adjustments between any Plan Area resident land parcel or parcels, provided the following conditions are mettt:

The transferor and transferee parcel or parcels are located in the Plan Area and are designated for residential use.

The transferor and transferee parcel or parcels conform to all applicable development standards contained in Appendix A - Development Standards.

The transfer of units does not result in increased impacts beyond those identified in the FPASP EIR/EIS.

The transfer of units does not adversely impact planned infrastructure, roadways, schools, or other public facilities; affordable housing agreements; or fee programs and assessment districts; unless such impacts are reduced to an acceptable level through project-specific mitigation measures.

Based on staff s review, the proposed reallocation of 92 residential units from the project site to other parcels within the Folsom Plan Area, meets all of the required criteria mentioned above.

Conformance with Relevant General Plan and Folsom Plan Area Specific Plan Objectives and Policies
The following is a summary analysis of the project's consistency with the Crty's General Plan and with key policies of the Folsom Plan Area Specific Plan.

GP and SP OBJECTIVE H-l (Housins)
To provide an adequate supply of suitable sites for the development of a range of housing types to meet the housing needs of all segments of the population.

GP and SP LICY H-l.1
The City shall ensure that sufficient land is designated and zoned in a range of residential densities to accommodate the City's regional share ofhousing.

Analysis: The City provides residential lands at a variety of residential densities as specified in the General Plan and in the Folsom Municipal Code. The Folsom Plan Area Specific Plan includes specialized zoning (Specific Plan Designations) that are customized to the Plan Area as adopted in 2011 and as Amended over time. The FPASP provides residential lands at densities ranging from 1-4 dwelling unit per acre (SF), 4-7 dwelling units per acre (SFHD), 7-12 dwelling units per acre (MLD),12-20 dwelling units per acre (MMD), 20-30 dwelling units per acre (MHD), and 9-30 dwelling units per acre (MU).
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The Toll Brothers at Folsom Ranch Phase 2 Subdivision project, which is designated SFHD, MLD, and OS in the General Plan, is proposed to be developed at residential densities of 5.0 units per acre (SFHD) and 8.8 units per acre (MLD) respectively, which is consistent with the allowable density ranges (SFHD: 4-7 DUlAcre, MLD: 7-l2DUlAcre) established by the General Plan (Table LU-l: Residential Designations)
SP POLICY 4.I
Create pedestrian-oriented neighborhoods through the use of a grid system of streets where feasible, sidewalks, bike paths and trails. Residential neighborhoods shall be linked, where appropriate, to encourage pedestrian and bicycle travel.

Analysis: The Toll Brothers at Folsom Ranch Phase 2 Subdivision project is based on a roadway system that provides connectivity between the residential, open space, and private recreation land uses within the project area. Biking and walking within the project area is facilitated by a series of Class I bicycle trails, Class II bicycle lanes, street-separated sidewalks and street-attached sidewalks.

The overall Toll Brothers at Folsom Ranch Subdivision project has an extensive planned trail system that is linked to and consistent with the overall trail system within the Folsom Plan Area Specific Plan The planned trail system was previously reviewed and approved by the Parks and Recreation Commission and by the City Council. The proposed Toll Brothers at Folsom Ranch Phase 2 Subdivision project is not making any modifications to the previously approved trail system for the subdivision.

SP POLICY 4.3
Residential neighborhoods that are directly adjacent to open space shall provide at least two defined points of pedestrian access into the open space area.

Analysis: The Toll Brothers at Folsom Ranch Phase 2 Subdivision project includes multiple pedestrian access points to the open space areas within the project. In addition, trail connections will be provided to Mangini Parkway, East Bidwell Street, and White Rock Road, as well as to internal roadways within the project.

SP POLICY 4.4
Provide a variety of housing opportunities for residents to participate in the home- ownership market.

Analysis: The Folsom Plan Area Specific Plan provides home ownership opportunities within the SF (Single-Family), SFHD (Single-Family High Density), and MLD (Multi-Family Low Density) land use designated areas.

Residential development in the MLD (Multi-Family Low Density), MMD (Multi-Family Medium Density), MHD (Multi-Family High Density) and MU (Mixed-Use) land use categories may provide 'for rent' opportunities; however, 24Page 180
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home ownership may also be accommodated in'for sale' condos, townhomes, etc. at the time of development of these particular parcels.

The Toll Brothers at Folsom Ranch Phase 2 Subdivision project is consistent with this policy in that it will provide home ownership opportunities and potential rental opportunities within the SFHD and MlD-zoned parcels.

SP POLICY 4.6
As established by the Folsom Plan Area Specific Plan, the total number of dwelling units for the Plan Area shall not exceed ll,46l. The number of units within individual land use parcels may vary, so long as the number of units falls within the allowable density range for a particular land use designation.

Analysis: There have been a number of Specific Plan Amendments approved by the City Council within the Folsom Plan Area, which has generally led to an increase in residentially zoned land and a decrease in commercially zoned land.

As a result, the number of residential units within the Plan Area increased from 10,210 to ll,46l. The various Specific Plan Amendment EIRs and Addenda analyzedimpacts fromthe conversionofthe commercial landsto residential lands; impacts and associated mitigations measures can be found in the individual project-specific environmental documents. The increase in population was analyzed and can be accommodated in the excess capacity of the school sites provided in the Plan Area.

The proposed project does not result in any change in total dwelling units in the FPASP. The reallocation of the 92 dwelling units associated with the proposed Minor Administrative Modification to other parcels within the Folsom Plan Area will not exceed the allowable density for any of the impacted parcels.

SP POLICY 4.9
Subdivisions of 200 dwelling units or more not immediately adjacent to a neighborhood or community park are encouraged to develop one or more local parks as needed to provide convenient resident access to children's play areas, picnic areas, and unprogrammed turf areas. If provided, these local parks shall be maintained by a landscape and lighting district or homeowners association and shall not receive or provide substitute park land dedication uedit for parks required by the FPASP.

Analysis: At the time that the FPASP was adopted in 2011, the City Council directed that there be fewer but larger parks in the FPASP so that it would be more effrcient for the City to progrurm and maintain these parks (as opposed to smaller parks dispersed throughout the Plan Area). To that end, the FPASP was approved with two (2)large community parks approximately 20-50 acres in size that have a general service radius of 1.0 mile (Community Park West and Community Park East). Additionally, six (6) neighborhood parks were provided which are approximately 7-10 acres in size and have a service radius of 0.5 miles. 25Page 181
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The previously approved Toll Brothers at Folsom Ranch Subdivision project included amendments to the FPASP to shift approximately ten acres of public parkland to other parts of the Specific Plan because the Toll Brothers project is proposed as a gated, private community. A total of 7.5-acres of private park and recreation facilities will be provided within the Toll Brothers project which would be open to residents of the project but would not be available to the general public. (Approximately 86 acres of Measure W open space, traversed by public trails, would also be provided within the Toll Brothers project.). The Toll Brothers at Folsom Ranch Phase 2 Subdivision project includes a l.5-acre private park amenity and a O.2-acre dog park amenity, both of which are included in the 7.5- acres of private park amenities referenced above.

SP POLICY 4.15
Thirty percent (30%) of the Plan Area shall be preserved and maintained as natural open space, consistent with Section 7.08C of the Folsom City Charter.

Analysis: The Folsom Plan Area Specific Plan (FPASP) provides one of the largest natural open space areas in the Sacramento Region with over 1,067-acres of open space, which equates to approximately 30.3% of the overall Plan Area. The FPASP open space plan exemplifies the SACOG Smart Growth Principals not only in protecting and preserving natural resources in the Plan Area, but also ensuring that these resources can be used to provide outdoor recreational and educational opportunities for Plan Area residents. The FPASP open space plan preserves wetlands, Alder Creek and its tributaries, oak woodlands, and cultural features for the use and benefit of all Folsom residents. The FPASP includes two distinct open space zoning categories within the open space land use designation.

The first zone, Preserve Open Space (SP-OS1), is more restrictive of the two and is intended to preserve and protect wetlands, vernal pools, ponds, and creeks. The second zone, Passive Open Space (SP-OS2), is less restrictive than the first and is intended to provide passive recreational uses including walking, hiking, and bicycling on designated paved and unpaved trails.

The overall Toll Brothers at Folsom Ranch Subdivision project was allocated 83.9 acres of Measure W open space by the FPASP; the approved project resulted in a

2.2-acre increase (83.9-acres to 86.1-acres) in Measure W open space. The proposed Toll Brothers at Folsom Ranch Phase 2 Subdivision project does not result in any changes to the Measure W open space referenced above.

SP OBJECTIVE 7.1 (Circulation)
Consistent with the California Complete Streets Act of 2008 and the Sustainable Communities and Climate Protection Act (SB 375), ueate a safe and effrcient circulation system for all modes of travel.
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SP POLICY 7.I
The roadway network in the Plan Area shall be organized in a grid-like pattern of streets and blocks, except where topography and natural features make it infeasible, for the majority of the Plan Area in order to create neighborhoods that encourage walking, biking, public transit, and other altemative modes of transportation.

Analvsis: Consistent with the requirements ofthe Califomia Complete Streets Act, the FPASP identified and planned for hierarchy of connect oocomplete streets" to ensure that pedestrian, bike, bus, and automobile modes are travel are designed to have direct and continuous connections throughout the Plan Area. Every option, from regional connector roadways to arterial and local streets, has been carefully planned and designed. Recent Califomia legislation to reduce greenhouse gas emissions (AB 32 and SB 375) has resulted in an increased market demand for public transit and housing located closer to service needs and employment centers.

In response to these changes, the FPASP includes a regional transit corridor that will provide public transportation links between the major commercial, public, and multi-family residential land uses in the Plan Area.

As shown in the various exhibits attached to this staff report, the To11 Brothers at Folsom Ranch Phase 2 Subdivision project has been designed with multiple modes of transportation options consistent with the approved FPASP circulation plan.

SP OBJECTIVE 10.5 (Oak Woodlands and Isolated Oak Trees) Preserve oak woodlands and isolated oak trees in residential and non-residential development parcels wherever practical.

SP POLICY 10.15
Oak trees included in residential and non-residential development parcels are encouraged to be preserved wherever practical, provided preservation does not:
o Cause a reduction in the number of lots or a significant reduction in the size of residential lots
o Require mass grading that eliminates level pads or requires specialized foundations
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Require the use of retaining walls or extended earthen slopes greater than 4-feet in height
Require the preservation of any tree certified by an arborist to be dead or in poor or hazardous or non-correctable condition or trees that pose a safety risk to the public
Cost more to preserve the tree than to mitigate for its lossa 27Page 183
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Analysis: As shown on the submitted Tree Preservation/Removal Plan (Attachment l2), a concerted effort was made by the applicant to protect and preserve as many oak trees as possible. Specifically, the applicant is proposing to preserve 5 individual Oak trees on the project site including a notable 35-inch diameter Oak tree which will be prominently featured at the driveway entrance off of Mangini Parkway. As described earlier within this report, the topography of the project site is quite varied with slopes varying between 0 percent and 15 percent and elevations ranging from 326 feet to 399 feet above sea level. As a result, a significant amount of grading is required within the development areas with cuts of up to 51 feet and fills up to 34 feet, making it difficult to preserve additional oak trees throughout many portions of the project site. Based on this information, staff has determined that the applicant has made every effort to preserve oak trees on the project site wherever practical as recommended by this policy. In addition, the applicant is required to mitigate for project-related impacts to oak woodland preserve, isolated oak tree canopy, and isolated oak trees per the requirements of the FPASP.

FINANCIAL IMPACT
No financial impact is anticipated with approval of the Toll Brothers at Folsom Ranch Phase 2 Subdivision project as the project will not result in any change in the total number of residential units within the Folsom Plan Area.

ENVIRONMENTAL REVIEW
An Addendum to the Folsom Plan Area Specific Plan EIR/EIS was previously adopted by the City Council on March I0,2020 for the Toll Brothers at Folsom Ranch project in accordance with the California Environmental Quality Act (CEQA). The applicant prepared an environmental memorandum (Attachment 16) for the Toll Brothers at Folsom Ranch Phase 2 Subdivision project that demonstrates that no new or substantially more adverse impacts would occur through implementation of the proposed project. As a result, no new environmental document is required, consistent with State CEQA Guidelines Section 15162(b).

ATTACHMENTS
l. Resolution No. 10780 - A Resolution to Approve a Small-Lot Vesting Tentative Subdivision Map and Minor Administrative Modification for the Toll Brothers at Folsom Ranch Phase 2 Subdivision Project

2. Planning Commission Staff Report, dated December 1,2021

3. Minutes from December 1, 202I Planning Commission Meeting

4. Vicinity Map

5. Illustrative Master Plan Exhibit, dated August 31,2020

6. Small-Lot Vesting Tentative Subdivision Map, dated September 17,2027

7. Preliminary Grading and Drainage Plan, dated September 17,2021

8. Preliminary Utility Plan, dated September 17,2021
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9. Preliminary Landscape Plan and Details, dated January 24,2020

10. Preliminary Entry Exhibit, dated April28,202l

11. Preliminary Wall and Fence Exhibit, dated April28,202l

12. Preliminary Tree Preservation/Removal Exhibit, dated October 13,2021

13. Minor Administrative Modification Exhibit, dated July,2020

14. Inclusionary Housing Letter, dated November 16,2020

15. Project Na:rative, dated September 16,2021

16. Environmental Memorandum, dated September 7,2021

17. Site Photographs
Submitted,

PAM JOHNS
Community Development Director
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Attachment 1
Resolution No. 10780 - A Resolution to Approve a
Small-Lot Vesting Tentative Subdivision Map and Minor
Administrative Modification for the Toll Brothers at
Folsom Ranch Phase 2 Subdivision Project