REGULAR MEETING STARTS AT 6:00 PM
Mayor Dan Epperson
Vice Mayor Rodney Plamondon
Council Member Dominic Atlan
Council Member Stacy Rhoades
Council Member Diane Wratten
DUE TO THE GOVERNOR’S EXECUTIVE ORDER N-25-20, THE CITY OF IONE
WILL BE CONDUCTING ITS MEETING IN PERSON
AT 1 E. MAIN STREET, IONE, CA 95640
AND VIA ZOOM
City of Ione is inviting you to a scheduled Zoom meeting.
Join Zoom Meeting
https://zoom.us/j/2351961316?pwd=d3lWTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
One tap mobile
+16699006833,,2351961316#,,,,*95640# US (San Jose)
+12532158782,,2351961316#,,,,*95640# US (Tacoma)
Dial by your location
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
Meeting ID: 235 196 1316
Passcode: 95640
Find your local number: https://zoom.us/u/aex3ZLbqgp
Tuesday, September 6, 2022
1 E. Main Street
Ione, CA 95640
THE CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO
PROVIDING LEADERSHIP, ACCOUNTABILITY, AND FISCAL INTEGRITY
WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING
A HIGH QUALITY OF LIFE FOR OUR CITIZENS
PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov’t. Code §54954.3
The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.
Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1-5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting. 2 AGENDA
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS: None
E. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the Ione City Council.
Please be mindful of the 4-minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time?
F. CONSENT CALENDAR:
Notice to the Public: All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Council Member(s).
1. Approval of Minutes: August 2, 2022, August 16, 2022, and August 25, 2022
2. Receive and File July Finance and Treasury Reports
3. Receive and File August Warrants
G. PUBLIC HEARING: None
H. REGULAR AGENDA:
4. Consider Adopting Resolution 2022-18 Approving Adoption of the Public Agencies Post-Employment Benefts Trust (PARS)
5. Discuss and Consider authorizing the Interim City Manager to Negotiate a Host and Caretaker Agreement for Ed Hughes Arena and Howard Park with KD’s Horsemanship, LLC
6. Consider Adopting Resolution 2022-19 Designating Certain Employees as Code Enforcement Officials and adopting Safety Standards Policies
7. Discuss and Consider directing the Interim City Manager to negotiate a Lease Agreement with the Amador Central Railroad Company to lease and maintain the Train Depot Building located at the Train Depot Park on S. Mill Street. 3 I. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
J. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS
K. CLOSED SESSION:
• Pursuant to Government Code Section 54957 – Public Employee Appointment: City Manager
• Pursuant to Government Code Section 54956.8 with Real Property Negotiator: APN 004-151-012; Negotiation Parties: Helen Ninnis and Loreta Tillery; Agency Negotiator: Michael Rock, Interim City Manager • Pursuant to Government Code 54957.9 – Public Employee Performance Review – Interim City Manager
• Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code – Two (2) Cases
• Conference with Legal Counsel – Existing Litigation: Section 54956.9 of the Government Code-Amador Superior Court Case No: 21-CV-12146 Conference with Legal Counsel – Bittick v. City of Ione • Conference with Legal Counsel-Existing Litigation: Section 54956.9 of the Government Code – Amador Court Case Number 22-CV-12691 – McGraw v City of Ione
L. ADJOURNMENT
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 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, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CITY OF IONE
FINANCE AND TREASURY
REPORT
JULY 2022
CITY OF IONE
WARRANTS
AUGUST 2022
Report Criteria:
Report type: Invoice detail
Check.Type = {<>} "Adjustment"
Check Num Check Issue Date Vendor ID Payee Amount
Description
3107 08/02/2022 250 AMADOR COUNTY RECREATION AGENCY 32,110.00 MEMBERSHIP CONTRIBUTION FY 2022-23
3108 08/02/2022 425 ATT MOBILITY 2,671.34
ACCT 287309023056 - FD FIRSTNET 07/22
3110 08/02/2022 580 BIG VALLEY PRINTING 404.48
5 K #10 WINDOW ENVELOPES
3111 08/02/2022 875 CARBON COPY INC. 420.56
TONER FOR COPIER
3111 08/02/2022 875 CARBON COPY INC. 12.50
TONER FOR COPIER
3111 08/02/2022 875 CARBON COPY INC. 144.66
COPY EXPENSE - JUL 22
3111 08/02/2022 875 CARBON COPY INC. 20.32
COPY EXPENSE FD - JUL 22
3112 08/02/2022 895 CASCADE FIRE EQUIPMENT CO 131.53
RING, EXPN 1.5X1.25 (IN HOUSE HOSE REPAIRS)
3114 08/02/2022 1165 CUTTING EDGE SUPPLY 108.98
BOX SCRAPER 1-3/4 CRIMP ON SCRFIER TOOTH (ARENA
TRACTOR)
3115 08/02/2022 1220 DE LAGE LANDEN INC. 340.49
MONTHLY COPIER LEASE 08/22
3116 08/02/2022 1570 FOLKMAN JANITORIAL 330.00
EB HALL JANITORIAL SERVICE- JUN 22
3116 08/02/2022 1570 FOLKMAN JANITORIAL 165.00
EB HALL JANITORIAL SERVICE- JUL 22
3119 08/02/2022 1700 GOLDEN STATE EMERGENCY VEHICLE 1,062.10 E-5996 WINDSHIELD FD
3120 08/02/2022 1950 HUNT & SONS INC. 220.07
FUEL - FIRE
3123 08/02/2022 2105 JACKSON TIRE SERVICE INC 798.95
20-02 TIRES & BALANCE
3109 08/02/2022 565 BENNETT, JAMES 512.83
COMMUNICATION EQUIPMENT (3X TK790 RADIO, 3X KCH
14M HEADSET, 3X POWER CABLES)
3124 08/02/2022 2635 MISSION IT SOLUTIONS INC. 262.00
OFFICE 365 EMAIL HOSTING
3124 08/02/2022 2635 MISSION IT SOLUTIONS INC. 327.50
OFFICE 365 EMAIL HOSTING
3125 08/02/2022 2930 PG & E 22,821.62
3118061205-8-STREET LIGHTS EBR
3126 08/02/2022 2990 PREFERRED BENEFIT 2,186.62
VISION - PUBLIC SAFETY POLICE
3128 08/02/2022 3810 TOMMY'S GARAGE 25.00
PD TIRE REPAIR
3129 08/02/2022 4000 VOLCANO TELEPHONE COMPANY 428.27
ACCT 63360 08/22
3127 08/02/2022 2996 PRENTICE LONG PC 7,000.00
LEGAL SERVICES-JUN
3122 08/02/2022 2071 IW SOLAR LLC 9,965.87
SOLAR PRODUCED-WWTP JUN 22
3113 08/02/2022 1037 CODE 3 WEAR 496.53
POLICE DEPT UNIFORMS & PATCHES
3113 08/02/2022 1037 CODE 3 WEAR 494.25
POLICE DEPT UNIFORMS & PATCHES
3113 08/02/2022 1037 CODE 3 WEAR 236.46
FIRST DEFENSE 360 MK-4 STREAM OC AEROSOL
M = Manual Check, V = Void Check
Check Num Check Issue Date Vendor ID Payee Amount
Description
3113 08/02/2022 1037 CODE 3 WEAR 14.54
METAL NAME TAG STANDARD SIZE
3117 08/02/2022 4400 FOOTHILL FIREARM SUPPLY LLC 2,155.00 FEDERAL AE9AP AMERICAN EAGLE 9MM AMMO, CCI 5201
BLAZER BRASS 9MM AMMO
3121 08/02/2022 4685 IONE TRADING POST 3,027.76
PUBLIC WORKS - FUEL
3118 08/02/2022 4860 GOLD COUNTRY DIRECT PRIMARY CARE INC 360.00
FIT FOR DUTY PHSYSICAL EVALUATION - PD
220908 08/09/2022 3875 US BANK 126,075.47 M
US BANK ADMIN FEES FOR PERIOD 07/01/2022-06/30/2023
3130 08/10/2022 4870 FOOTHILL APPLIANCE 6,185.05 M
Q00011108 - EB HALL T-49-HC TRUE 54" REFIGERATOR
221608 08/16/2022 4000 VOLCANO TELEPHONE COMPANY 149.80 M ACCT 63376 08/22
3131 08/22/2022 10 8X8 INC. 770.44
VOIP PHONE GF JUN - JUL 22
3131 08/22/2022 10 8X8 INC. 103.11
VOIP PHONE GF JUL - AUG 22 FAX LINES
3132 08/22/2022 30 ACES 117.35
DUMP CHARGES
3132 08/22/2022 30 ACES 282.49
HOWARD PK BIN-08/22
3133 08/22/2022 115 ALHAMBRA 122.16
DRINKING WATER
3134 08/22/2022 140 ALLIANT INSURANCE SERVICES 20.00
ADD'L PREMIUM-AUTO INSURANCE
3135 08/22/2022 250 AMADOR COUNTY RECREATION AGENCY 13,919.08 IONE POOL MANAGEMENT-JUL 2022
3136 08/22/2022 265 AMADOR COUNTY SHERIFF'S DEPT 524.97 MO. RIMS ACCESS FEE 08/22
3136 08/22/2022 265 AMADOR COUNTY SHERIFF'S DEPT 38,332.94 DISPATCH SERV 4TH QTR FY 21-22
3137 08/22/2022 315 AMADOR WATER AGENCY 19,423.95
005018-017-POPLAR ST
3139 08/22/2022 420 AT&T CALNET 3 238.92
MO. PHONE SERV. BANK:9391064373 08/22
3139 08/22/2022 420 AT&T CALNET 3 962.02
MO. PHONE SERV. BANK:9391033961
3139 08/22/2022 420 AT&T CALNET 3 24.79
MO. PHONE SERV. BANK:9391037281 08/22
3139 08/22/2022 420 AT&T CALNET 3 71.01
MO. PHONE SERV. BAN:9391037282 08/22
3140 08/22/2022 425 ATT MOBILITY 82.86
ACCT 829264128 - 08/22
3140 08/22/2022 425 ATT MOBILITY 473.88
ACCT 287312741394 - PD FIRSTNET 07/22
3140 08/22/2022 425 ATT MOBILITY 417.13
ACCT 287314845930 - FIRSTNET 07/22
3142 08/22/2022 540 BENEFIT COORDINATORS CORPORATION 360.95 LIFE INSURANCE & AD&D BENEFITS - AUG 2022
3144 08/22/2022 875 CARBON COPY INC. 420.56
TONER FOR COPIER
3144 08/22/2022 875 CARBON COPY INC. 20.00
EMAIL SERVER
3145 08/22/2022 895 CASCADE FIRE EQUIPMENT CO 1,332.19
3 HELMETS, 1010 YELLOW DEFENDER CLEAR VISOR
3146 08/22/2022 905 CASELLE INC. 1,813.00
CONTRACT SUPPORT/MAINT - AUG 2022
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 1,022.20 D21-80268.000 IONE/CFD 2005-2 IA 3 FY 21-22
M = Manual Check, V = Void Check
Ibank Loan -
Check Num Check Issue Date Vendor ID Payee Amount
Description
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 24.70
D21-80267.000 IONE/CFD 2005-2 IA 2 FY 21-22
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 499.70
D21-80266.000 IONE/CFD 2005-2 IA 1 FY 21-22
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 571.90
D21-80266.OS IONE/CFD 2005-2 IA 1 PREPAYMENT
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 190.00
D21-80267.000 IONE/CFD 2005-2 IA 2 FY 21-22
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 1,259.70 D21-80268.000 IONE/CFD 2005-2 IA 3 FY 21-22
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 1,542.80 D21-80268.OS IONE/CFD 2005-2 IA 3 PREPAYMENT
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 380.00
D21-80269.000 IONE/FD 2006-1 FY 21-22
3149 08/22/2022 1200 DAVID TAUSSIG & ASSOC. INC 190.00
D21-80270.000 IONE/CFD 2009-3 FY 21-22
3150 08/22/2022 1335 DOOR CRAFT 85.00
REPAIR FIRE HOUSE DOOR
3151 08/22/2022 1355 EASTON'S SERVICE AND REPAIR 217.50 KUBOTA B2710HSD FIX IGNITION SWITCH
3153 08/22/2022 1375 ECO URBAN DESIGNS INC. 2,644.00
LANDSCAPE MAINT-CO GOLF COURSE 06/22
3153 08/22/2022 1375 ECO URBAN DESIGNS INC. 2,542.00
CONSULT SERV. WWTF 06/22
3153 08/22/2022 1375 ECO URBAN DESIGNS INC. 2,644.00
LANDSCAPE MAINT-CO GOLF COURSE 07/22
3153 08/22/2022 1375 ECO URBAN DESIGNS INC. 2,542.00
CONSULT/TESTING TERTIARY 07/22
3155 08/22/2022 1545 FIRST SECURITY FINANCE INC. 3,494.32 IONE-CA-2008-1 INT.-08/22
3158 08/22/2022 1815 GUY'S SAW CENTER 355.52
2 STARTER REWIND, 1 STIHL SYNTH MIX OIL
3159 08/22/2022 1950 HUNT & SONS INC. 134.45
FUEL - FIRE
3160 08/22/2022 2005 IONE ACE HARDWARE 897.70
PW - KEYKRAFTER, NOZZLE SWEEPER BRASS
3161 08/22/2022 2050 IONE PLAZA MARKET 28.00
REFRESHMENTS FOR VOLUNTEERS
3163 08/22/2022 2310 LEDGER DISPATCH 24.75
PUBLIC NOTICE- CITY MGR RECRUITMENT
3163 08/22/2022 2310 LEDGER DISPATCH 24.75
PUBLIC NOTICE- CITY MGR RECRUITMENT
3163 08/22/2022 2310 LEDGER DISPATCH 24.75
PUBLIC NOTICE- CITY MGR RECRUITMENT
3148 08/22/2022 2700 CIVICPLUS LLC 275.00
ADMIN SUPPORT FEE-06/22 - 05/23
3164 08/22/2022 3145 NAPA AUTO PARTS 1,028.37
906690 - OIL FIL, 4 GALLONS 5W40
3169 08/22/2022 3570 STAPLES BUSINESS CREDIT 128.85
201398742-0-2 FARGO PRINTER RIBBON
3171 08/22/2022 3810 TOMMY'S GARAGE 519.44
2004 DODGE RAM REPLACE NOISY DRIVERS SIDE HUB
ASSEMBLY
3171 08/22/2022 3810 TOMMY'S GARAGE 255.37
2007 FORD F150 CHECK A/C BLOWING WARM
3171 08/22/2022 3810 TOMMY'S GARAGE 67.43
14-01 LUBE, OIL, AND FILTER CHANGE
3173 08/22/2022 4125 WIN-911 SOFTWARE 165.00
WWTP SOFTWARE ANNUAL MAINT INVOICE REMAINDER
3154 08/22/2022 1405 ELLISON SCHNEIDER HARRIS & DONLAN LLP 4,124.00 IONE ENERGY ESHD #2097
M = Manual Check, V = Void Check
Check Num Check Issue Date Vendor ID Payee Amount
Description
3166 08/22/2022 2996 PRENTICE LONG PC 10,000.00
LEGAL SERVICES-JUL 2022
3157 08/22/2022 1677 GOLD COUNTRY BACKFLOW 680.00
CHECK BACKFLOW DEVICES - TERT
3162 08/22/2022 2071 IW SOLAR LLC 11,150.81
SOLAR PRODUCED-WWTP JUL 22
3172 08/22/2022 3817 TOUCH FREE EXPRESS CAR WASH 200.00 POLICE VEHICLE CAR WASH - AUG 2022
3168 08/22/2022 4680 SNG & ASSOCIATES INC. 5,945.00
CITY ENGINEERING SERVICES
3168 08/22/2022 4680 SNG & ASSOCIATES INC. 8,034.50
CITY ENGINEERING SERVICES JUNE 2022
3141 08/22/2022 4745 BENEFIT COORDINATORS CORP. 1,708.90
VISION - PUBLIC SAFTEY POLICE
3167 08/22/2022 4845 RANDIK PAPER 21.28
2 SERENADE PINE GUARD GL
3138 08/22/2022 4865 ANDRIOLA, JOE 110.77
EXPENSE REIMBURSEMENT - PRE EMPLOYMENT MEDICAL
3156 08/22/2022 4870 FOOTHILL APPLIANCE 179.80
EB HALL REFIGERATOR REPAIR
3170 08/22/2022 4875 THOMAS HUGGINS 122.10
REFUND RENTAL DEPOSIT ACCT 2805.02
3165 08/22/2022 4880 NORMAN STURGILL 122.10
REFUND RENTAL DEPOSIT ACCT 1105.02
3147 08/22/2022 4885 CHRISTOPHER RICHARDS 122.10
REFUND RENTAL DEPOSIT ACCT 2181.03
3152 08/22/2022 4890 ECKHART; WES 3,700.00
JULY 2022 ARCHITECTUAL SERVICES 17 E. MAIN ST - ARPA
3143 08/22/2022 4895 BOOKER, BECKY 197.00
SAFETY UNIFORMS - ROAD TAX
222508 08/25/2022 3870 U.S. BANK 1,711.84 M
SOUTHWEST AIRLINES - LEAGUE OF CA CITIES -
LONGBEACH
Grand Totals: 373,408.75
Dated: ______________________________________________________ Mayor: ______________________________________________________ City Council: ______________________________________________________ ______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
City Recorder: _____________________________________________________ M = Manual Check, V = Void Check
Agenda Item #4
DATE: September 6, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Chris Hancock, City Treasurer
SUBJECT: Adopt Resolution No. 2022-18 authorizing participation in Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program to be administered by PARS and U.S. Bank, appointing the Interim City Manager as the City of Ione’s Plan Administrator, and authorizing the Plan Administrator, or his or her designee to execute the document to implement the Program.
RECOMMENDED ACTION:
1. Approve the City’s establishment of the PARS Post-Employment Trust Program
2. Adopt a Resolution authorizing the establishment of the PARS Section 115 PostEmployment Benefits Trust Program which can be used to pre-fund pension and retiree health care (OPEB) obligations.
3. Authorize the Interim City Manager, subject to the review and approval of the City Attorney, to sign all necessary documents.
FISCAL IMPACT:
An initial investment of $10,000 from the General Fund into the PARS 115 Trust which was approved in the FY 2022/23 budget.
BACKGROUND:
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting and Financial Reporting for Pensions. GASB 68 requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a Net Pension Liability on their balance sheet, which is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 (which replaces the requirements of GASB 27) became effective for fiscal years starting after June 15, 2014.
In 2015, the Government Accounting Standards Board (GASB) issued Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. GASB 75 requires the City to report costs and obligations for post-employment healthcare and other postemployment benefits (called “OPEBs”) much like the current accounting requirement to report pension obligations. Similar to GASB 68, the City must also report its net OPEB liability (difference between the total OPEB liability and assets accumulated in an irrevocable trust) on its Financial Statements. GASB 75 (which replaces the requirements of GASB 45) will become effective for fiscal years beginning after June 15, 2017.
In an effort to help public agencies address and manage their GASB 68 and 75 liabilities, PARS has sought and received approval from the IRS in the form of a Private Letter Ruling on its PostEmployment Benefits Trust Program. PARS has assembled leading professionals to provide the City with the necessary services required under one program to pre-fund both pension and retiree health care liabilities.
This would provide the City with an alternative to CalPERS for discretionary funds that will allow for greater local control over assets, investment by a professional fund management team monitored by the City, with contributions and distributions from the trust determined at the discretion of the City.
The program has been established as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs. The trust permits the City, under federal and state law, to invest in a more diversified array of investments to maximize investment returns long term and reduce the City’s liabilities.
To date, more than 490+ public agencies have adopted the PARS 115 Trust to reduce their liabilities including local agencies such as cities of Angels Camp, Elk Grove, Galt, Lodi, Stockton, West Sacramento, counties of Amador, Calaveras, and San Joaquin. Also included are special districts such as Calaveras County Water District, Rancho Murieta Community Services District, Sacramento Area Flood Control Agency, and San Andreas Sanitary District.
Expected benefits offered by the PARS Post-Employment Benefits Trust Program to the City include:
• Contributions placed in an exclusive benefit trust can offset unfunded liabilities, which will lower the City’s Net OPEB Liability and address the City’s Net Pension Liability. • Investment flexibility with Section 115 Trust compared to restrictions on general fund investments
• Increased risk diversification of plan assets through professional asset management • Investments can be tailored to the City’s unique demographics • Oversight and control of fund management selection, monitoring of performance and ability to replace fund management based on performance criteria • Increased flexibility on use of trust assets (i.e., trust assets can be accessed at any time as long as the assets are used to fund the City’s pension and OPEB obligations and defray reasonable expenses associated therewith)
• Potential for positive rating agency and investor consideration.
ATTACHMENTS:
• Resolution Approving the Adoption of the Public Agencies Post-Employment Benefits Trust Administered by Public Agency Retirement Services (PARS) • Sample Agreement with Exhibits
• Sample Trustee Investment Fee Schedule
• PARS 115 Trust Presentation
RESOLUTION NO. 2022-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IONE APPROVING THE ADOPTION OF THE
PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of pre-funding pension obligations and/or OPEB obligations; and
WHEREAS, the City of Ione (“City”) is eligible to participate in the Program, a taxexempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ione does hereby resolve as follows:
1. The City Council hereby adopts the PARS Public Agency Post-Employment Benefits Trust.
2. The City Council appoints the Interim City Manager or his/her designee as the City’s Plan Administrator for the Program.
3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participations in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.
Resolution 2022-18
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on this 6 th day of September, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
________________________
Dan Epperson, Mayor
Attest:
______________________________
Janice Traverso, City Clerk
AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2022, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the [Agency Name] (“Agency”).
WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of pre-funding pension obligations and/or Other Post-Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.
NOW THEREFORE, the parties agree:
1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.
2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.
3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.
4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.
5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the
Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.
7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.
12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.
Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title] Notices shall be deemed given on the date received by the addressee.
16. Term of Agreement. This Agreement shall remain in effect for the period beginning _______________, 2022 and ending _____________, 2025 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.
18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.
AGENCY:
BY:
Plan Administrator Name
TITLE:
DATE:
PARS:
BY:
Tod Hammeras
TITLE: Chief Financial Officer
DATE:
EXHIBIT 1A
SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies PostEmployment Benefits Trust:
1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.
EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:
An annual asset fee shall be paid from Plan assets based on the following schedule:
For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.
EXHIBIT 1C
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms
2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.
PENSION OPEB HM MANAGED
FEESCH 103 11.20.2017
Discretionary Trustee Fee Schedule
PARS Pension / OPEB Trust Program
This document is entered into by client and U.S. Bank National Association (“U.S. Bank”), as trustee.
Discretionary Trustee Fees
Discretionary Trustee Fees are based on the Investment Strategy you select. Following is a list of the Discretionary Trustee Fees applicable to each Investment Strategy:
■ Liquidity – First American U.S. Treasury Money Market – Fund level fees only (see prospectus) ■ Liquidity – First American Prime Obligation Fund Class Z – Fund level fees only (see prospectus) ■ Diversified Portfolios (Conservative, Moderately Conservative, Moderate, Balanced, Capital Appreciation, Custom) Per Annum Charges*
.35% on the first $5,000,000
.25% on the next $5,000,000
.20% on the next $5,000,000
.15% on the next $35,000,000
.10% on all over $50,000,000
*Waived for plan assets invested in First American Funds.
Other Fees
First American Funds (see prospectus)
Payment of Fees
■ Market values used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities and/or other timing issues. ■ Fees are calculated and charged to the account monthly. If account cannot be charged after 30 days, fees not paid will be subject to a late charge of 1% per month on the unpaid balance. ■ Changes to this Fee Schedule may be made at any time by U.S. Bank upon a sixty (60) days notice.
Acknowledged and Approved
Public Agencies Post-Employment Benefits Trust
Name of Plan/Trust Name of Employer
Print Name of Authorized Signer for Employer Title of Authorized Signer for Employer Signature of Authorized Signer for Employer Date
U.S. Bank and its representatives do not provide tax or legal advice. Each client’s tax and financial situation is unique. Clients should consult their tax and/or legal advisor for advice and information concerning their particular situation.
SAMPLE
City of ione
PARS 115 Trust – OPEB Prefunding Program & Pension Rate Stabilization Program (PRSP) September 6, 2022
City of ione 2
Contacts
Mitch Barker
Executive Vice President
(800) 540-6369 x116
[email protected]
(Fiddletown Resident)
Kevin O’Rourke
Senior Municipal Consultant
(707) 249-5356
[email protected]
City of ione 3
Pars 115 Trust Team
Trust Administrator & Consultant
38 Years of Experience
(1984-2022)
2,000+
Plans under
Administration
1,000+
Public Agency
Clients
$6.1B
Assets under
Administration
Investment Manager
• Investment sub-advisor to trustee U.S. Bank
• Investment policy assistance
• Uses open architecture
• Active and passive platform options
• Customized portfolios (with minimum asset level)
103
Years of Experience
(1919-2022)
$20.2B
Assets under
Management &
Advisement
Trustee
• 5th largest commercial bank and one of the
nation’s largest trustees for Section 115 trusts
• Safeguard plan assets
• Oversight protection as plan fiduciary
• Custodian of assets
159
Years of Experience
(1863-2022)
$5.0T
Assets under
Administration
490+
115 Trust Clients
• Serves as record-keeper, consultant,
and central point of contact
• Sub-trust accounting
• Coordinates all agency services
• Monitors plan compliance
(IRS/GASB/State Government Code)
• Processes contributions/disbursements
• Hands-on, dedicated support teams
500 K+
Plan Participants
City of ione 4
490+ PARS 115 Trust clients Updated August 2022
Regional Client Agencies Include:
Cities
City of Angels Camp
City of Elk Grove
City of Galt
City of Lodi
City of Stockton
City of West Sacramento
Counties
Amador County
Calaveras County
Placer County
San Joaquin County
Special Districts
Calaveras County Water District
Rancho Murieta Community Services District
Sacramento Area Flood Control Agency
San Andreas Sanitary District
South Placer Fire District
City of ione 5
Subaccounts
OPEB and Pension assets are
individually sub-accounted,
and can be divided by dept.,
bargaining group, or cost center
Assets in the PARS Section 115
Combination Trust can be used
to address unfunded liabilities.
Financial Stability
Allows separate investment
strategies for OPEB and
Pension subaccounts.
Flexible Investing
OPEB and Pension assets
aggregate and reach lower fees
on tiered schedule sooner –
saving money!
Anytime Access Economies-of-Scale
Trust funds are available
anytime; OPEB for OPEB
and Pension for Pension.
No set-up costs, no minimum
annual contribution amounts,
and no fees until assets are added.
No Set Up Cost or Minimums
Retiree Medical Benefits
Prefund OPEB GASB 75
OPEB
Reimburse agency; or
Pay benefits provider
Pension Rate Stabilization Program
Prefund Pension (PRSP) GASB 68
Pension
Reimburse agency; or
Pay retirement system
Assets can be used to: Assets can be used to:
prefund
either or both
General Fund
PARS IRS-Approved Section 115 Trust
City of ione 6
OPEB Actuarial Results
Data from GASB 75
Actuarial Valuation
Valuation Date: July 1, 2019
Pay-as-you-Go
Discount Rate: 4.00% Percent Change Prefunding Discount Rate: 7.00% Actuarial Accrued
Liability (AAL) $1,238,165 30-36%▼ ?
Actuarial Value of Assets $0 -- $0
Unfunded Actuarial
Accrued Liability (UAAL) $1,238,165 30-36%▼ ?
Actuarially Determined
Contribution
(ADC) for FY 2019-20
$208,021 30-36%▼ ?
Annual Benefit Payments
with Implied Subsidy
(Pay-as-you-Go)
for FY 2019-20
$35,965 -- $35,965
Rule of thumb: For every one percent increase in the discount rate, the unfunded liability is lowered by 10-12%.
City of ione 7
PARS Pension Rate
Stabilization Program
for prefunding pension obligations
The
City of ione 8
• Since 2015, GASB 68
has required disclosing
Net Pension Liability on financial
statements as a line item on the
balance sheet
• Before the concept of pension
prefunding, the only way to
reduce retirement system
unfunded liabilities was to send
additional contributions in
excess of annual required
employer contributions
• Pension trust prefunding
assets can be transferred to
the retirement system at the
Agency’s direction, which can
help offset future rate increases
(i.e., pension rate stabilization).
Background – Pension
CalPERS Changes
CalPERS has announced changes directly
affecting unfunded liability amounts and
employer contributions:
Lowering of Discount Rate 1
CalPERS lowered the
discount rate from 7.0% to 6.8%.
The impact is reflected in the
June 30, 2021 valuation reports.
Shortened Amortization Period 2
New actuarial liabilities are
amortized over 20 years instead of
30, increasing required annual
employer contribution amounts*
7.0%
6.8%
30 years
20 years
2 5-year ramp up in payments beginning
FY 15-16 with full impact in FY 19/20.
1 Contributions from policy changes beginning
FY 23-24.
City of ione 9
Combined Miscellaneous
& Safety Groups *
Valuation as of
June 30, 2020
Valuation as of
June 30, 2021
Change
Actuarial Liability $10.1 M $10.6 M 4.4% ↑
Assets $7.0 M $8.3 M 19.0% ↑
Unfunded Liability $3.1 M $2.2 M 28.5% ↓
Funded Ratio 69.1% 78.9% 14.1% ↑
Employer Contribution Amount $0.4 M $0.5 M 6.7% ↑
(FY 21-22) (FY 22-23)
Employer Contribution Amount – Projected *
---
$0.4 M 10.7% ↓
(FY 28-29)
Pension Funding Status
As of June 30, 2021, City of Ione’s CalPERS pension plan is funded as follows:
* Data through 2028-29 from Agency’s latest CalPERS actuarial valuation.
City of ione 10
Why Prefund Pension Obligations?
Complete Local Control over Assets
Agency has complete control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments
1. Pension Rate Stabilization
Assets can be transferred to the retirement system at the Agency’s direction, potentially reducing/eliminating large fluctuations in employer contribution amounts
2. Rainy Day Fund
Emergency source of funds when employer revenues are strained in difficult budgetary or economic times
3. Diversification
Allows for investment flexibility and offers the potential for assets to earn greater returns than the general fund; spread the risk vs. sending additional money to CalPERS
4. City of ione 11
1. Input Phase
– Target discount rate
– Risk tolerance
– Investment philosophy
– Asset allocation
– Timing on use of funds
2. Model Portfolios
3. Dedicated Portfolio Manager
– Makes recommendation
– Fiduciary responsibility
– Drafts investment policy
– Annual on-site reviews
– Cell phone access
Strategy Equity 10-Yr
Returns*
Capital Appreciation 65-85% 8.03%
Balanced 50-70% 6.90%
Moderate 40-60% 6.01%
Moderately Conservative 20-40% 4.32%
Conservative 5-20% 3.05%
Simple Investment Approach
*As of June 30, 2022
City of ione 12
Sample Funding Policies
1. Contribute 50% of a given year’s realized year
end surplus to address pension liability
2. Contribute full amount of annual PERS employer cont., allowing anytime access to trust assets
3. Contribute funds to stabilize PERS employer
Misc. and Safety rates through FY 23-24
4. “One equals five plan” - $1M contribution for 5 years will save taxpayers $5M over 25 years
5. Contribute Employer contribution equal to the 2.8%
discount rate, with difference going into the Section 115 Trust
6. Contribute the annual savings realized from Reduction in UAL payment resulting from Pension Obligation Bonds issuance
7. Earmark a portion of a local sales tax to be set
aside for unfunded pension liabilities
8. Use ongoing savings from prepaying CalPERS
unfunded liability vs. higher monthly payments
9. Use one-time revenue source and lower the
minimum General Fund Reserve level (30% → 20%)
Alameda/Solana Beach
City of Brea
City of Healdsburg
City of Huntington Beach
City of Sausalito
City of Placentia
City of Fountain Valley
City of Pasadena
City of Glendale
City of ione 13
Plan Set-Up Fee: Ongoing Fees:
None 0.35% for assets under $5 million
0.25% for assets $5-10 million
0.20% for assets $10-15 million
0.15% for assets $15-50 million
0.10% for assets over $50 million
Program Fees
Plan Set-Up Fee: Ongoing Fees:
None 0.25% for assets $0-10 million
0.20% for assets $10-15 million
0.15% for assets $15-50 million
0.10% for assets over $50 million
* PARS does not receive any compensation from the investments or any commissions, back-end loads, or any other forms of compensation. ** Subject to change due to rebalancing, as fees are waived for plan assets in First American Funds (money market) Trust Administration/Consulting Fees*
Discretionary Trustee/Investment Management Fees**
As of August 31, 2022
City of ione 14
Why take this step?
1. Smooths out pension rate volatility
2. Offer hedge against inflation
3. Provides a fiscal tool in your financial toolbox
4. Prepares today for tomorrow’s pension realities
Questions?
Agenda Item #5
DATE: September 6, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Julie Millard, Management Analyst
SUBJECT: Discuss and Consider authorizing the Interim City Manager to negotiate a Lease Agreement with KD’s Horsemanship, LLC for Howard Park Caretaker / Ed Hughes Memorial Arena Host operations
RECOMMENDED ACTION:
1. Consider accepting Option A and authorize the Interim City Manager to negotiate a Lease Agreement with KD’s Horsemanship, LLC for Howard Park Caretaker / Ed Hughes Memorial Arena operations.
FISCAL IMPACT:
The fiscal impact associated with this item will come when an agreement is awarded.
The Lease Agreement will be a revenue sharing agreement so the impact to the City is a revenue gain to be determined after one year of operation with KD’s Horsemanship.
ALTERNATIVES:
Council could choose not to accept this proposal and recommend staff release a new RFP/RFQ. This alternative will result in a delay in getting a permanent host for the arena. The fiscal impact of this alternative is that the City has fixed costs associated with arena operations that are not currently being offset by revenues through a joint venture with an arena host.
BACKGROUND:
On June 21, 2022 (Item 6), City Council briefly discussed the past history of Howard Park onsite caretakers as well as the Ed Hughes Memorial Arena management vacancy. Council agreed that having a Howard Park caretaker would benefit the City and that having an Ed Hughes Memorial Arena host/manager is needed. The Council also directed staff to present the matter to the Parks & Recreation Commission for input and recommendation.
On June 28, 2022 (Item 1a), staff discussed the management vacancy related to Ed Hughes Memorial Arena and the need for an onsite caretaker at Howard Park with the Parks and Recreation Commission (Commission). Staff also presented the Commission with a draft Request for Qualifications (RFQ) for these services and requested input from the Commission. Finally, staff asked the Commission to consider making a recommendation to City Council to direct staff to release the RFQ.
On July 5, 2022 (Item 5), City Council directed staff to release the RFQ as recommended by the Commission. On Friday, July 8, 2022, staff released the RFQ with an August 10, 2022 deadline for submittals. The City received one proposal from KD’s Horsemanship, LLC which has been evaluated by management and deemed acceptable for meeting the City’s needs as outlined in the RFQ. KD’s Horsemanship, LLC has provided two options in their proposal. These options are briefly outlined below:
Option A: Option A would require payment in the amount of $1,300 per month to KD’s Horsemanship for their services for both the caretaker and hosting jobs as well as for six (6) days of free full use of the arena each year for hosting private equine events/clinics.
Option B: Option B only covers the arena host duties and is a shared revenue proposal where KD’s Horsemanship, LLC is requesting 20% of all revenue per month with a $400/month minimum. There are other provisions that are outlined in more detail in the proposal.
KD’s Horsemanship, LLC will bring an enormous amount of equine experience with them as well as experience with equipment maintenance, groundskeeping, business management, handyman/repair experience and a list of personal equipment and tools for use at the arena or within Howard Park.
On August 23, 2022 (Item 1a), staff presented KD’s Horsemanship, LLC’s proposal to the Commission. Staff recommended the Commission accept Option A and to direct staff to make a recommendation to City Council to enter into contract negotiations with KD’s Horsemanship, LLC. With some minor provisions, the Commission accepted Option A.
Staff is recommending the City Council accept Option A and direct the Interim City Manager to enter into contract negotiations with KD’s Horsemanship, LLC for custodian oversight for Howard Park and Ed Hughes Memorial Arena hosting. If so directed, staff will provide the proposed agreement to the Commission, per its request, and then present it to City Council at a future meeting. The date of this meeting is dependent upon lease negotiations.
ATTACHMENTS:
KD’s Horsemanship, LLC Proposal
Agenda Item #6
DATE: September 6, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
John Alfred, Police Chief
SUBJECT: Adoption of Resolution Designating Certain Employees as Code Enforcement Officials and Adopting Safety Standards Policy for Code Enforcement Officials
RECOMMENDED ACTION:
It is recommended that the City Council adopt Resolution 2022-19 designating certain employees as Code Enforcement Officials and Safety Standards Policy for Code Enforcement Officials
FISCAL IMPACT:
None.
BACKGROUND:
The proposed Resolution (Attachment 1) will update the designated employees to reflect current City staffing and organization structure in 2022. Furthermore, “EXHIBIT A” to the Resolution contains new safety standards for Code Enforcement Officials that are being adopted pursuant to Senate Bill No. 296. SB 296 (Attachment 2) was approved by the Governor in 2021 and amended the Penal Code to create a state-mandated local program requiring each local jurisdiction that employs code enforcement officers to develop safety standards for them.
In 2021 the State Legislature found and declared in SB 296 that code enforcement officers are disproportionately at risk for threat, assault, injury and homicide due to the nature of their obligations. The new safety standards emphasize situational awareness, avoiding conflict and communication. It also identifies training beneficial to Code Enforcement. SB 296 permits jurisdictions to retain the control to design and implement training and safety protocols consistent with the dynamics and needs of their own community.
ATTACHMENTS:
1. Proposed Resolution
2. Senate Bill No. 296
RESOLUTION NO. 2022-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE,
CALIFORNIA, DESIGNATING CERTAIN EMPLOYEES AS C O D E
E N F O R C E M E N T O F F I C I AL S A N D AD O P T I N G SAFETY
STANDARDS POLICY FOR CODE ENFORCEMENT OFFICIALS
WHEREAS, on December 3, 2019, the City Council enacted Ordinance No. 515 establishing Section 15.24.101 “ENFORCEMENT” in Chapter 15.24 of the Municipal Code which prescribes a procedure for enforcing the City’s adopted Codes and Ordinances; and
WHEREAS, Section 15.24.100 of Chapter 15.24 in the Municipal Code requires the City Council to adopt a Resolution designating certain City employees as authorized to enforce the City Municipal Code and issue citations for violations of the City Municipal Code and Ordinances; and
WHEREAS, on October 7, 2021, the Governor signed into law Senate Bill SB 296 which amended the Penal Code to create a state-mandated local program requiring that each local jurisdiction that employs Code Enforcement Officers to develop safety standards for them; and
WHEREAS, the State Legislature found and declared in SB 296 that Code Enforcement Officers are disproportionately at risk for threat, assault, injury and homicide due to the nature of their obligations and that safety training would be of benefit to help Code Enforcement Officers with the City achieve safe outcomes; and WHEREAS, the purpose and intent of this Resolution is to comply with Section 2- 321(a) by officially designating certain employees as Code Enforcement Officers which are identified as Code Enforcement Officials within the Ione Municipal Code of the City of Ione and SB No. 296 by adopting Code Enforcement Officer Safety Standards for the City’s Code Enforcement Officials; and
WHEREAS, the City has prepared and attached as “EXHIBIT A” Code Enforcement Officer Safety Standards for the City of Ione; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Ione designates as follows:
SECTION 1. The foregoing recitals are incorporated herein and made a part hereof.
SECTION 2. The following City of Ione employees are hereby designated as Code Enforcement Officials of the City of Ione and shall have all of the authorities, responsibilities, and powers granted in Chapter 2 of the Municipal Code for the City of Ione:
1. The person(s) holding the office or position of Code Enforcement Officer, or any successor office or job position established by the City; and
2. The person(s) holding the office or positions of Building Official, Building Inspector, or job position established by the City; and
3. The person(s) holding the office or positions of Water Quality Manager, Water Quality Inspector, or any successor office or job position established by the City; and
4. The person(s) holding the office or position of Planning Manager, City Planner, or any successor office or job position established by the City; and
5. The person(s) holding the office or position of Community Services Director, Public Works Supervisor, Public Works Technician, or any successor office or job position established by the City; and
6. The person(s) holding the office or position of City Engineer, Engineering Technician, or any successor office or job position established by the City; and
7. Any active sworn Police Officer of the City of Ione.
SECTION 3. Prior to issuing any citations pursuant to Chapter 2 of the Municipal Code, a Code Enforcement Official shall obtain any and all certifications and/or training required by federal, state, or local laws in order to issue said citations including but limited to the PC 832 Arrest and Firearms Course.
APPROVED AND ADOPTED by the City Council of the City of Ione at a regular meeting on the 6th day of September, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Dan Epperson
Mayor
ATTEST:
_________________________________________
Janice Traverso
City Clerk
Exhibit A Resolution No. 2022-19
CITY OF IONE
CODE ENFORCEMENT OFFICERS: SAFETY STANDARDS
I. MISSION.
Code Enforcement’s mission is to preserve and enhance the livability, health,safety, and general welfare of all residents, businesses, and visitors that are served within the City of Ione.The Ione Municipal Code refers and CodeEnforcement Officers as Code Enforcement Officials.
II. PURPOSE.
The purpose of this document is to develop safety standards appropriate for the Code Enforcement Officers employed in the City of Ione (hereafter “safety standards”) is to provide guidelines for:
▪ Safety Concerns
▪ Communication Procedures
▪ Incident Reporting
▪ Equipment, Training, and Continuing Education
III. CODE ENFORCEMENT PHILOSOPHY AND CONSIDERATIONS.
The goal of code enforcement is to achieve voluntary compliance by focusing on customer service. However, not all encounters have an equal degree of resolution and in rare occasions, officer safety concerns may arise. The intent of these safety standards is to allow the level of code enforcement that best fits the type and circumstances of the code violation(s), environment, and to maximize available resources.
IV. BACKGROUND.
California State Senate Bill No. 296 was approved by Governor Gavin Newsom after the California State Legislature found and declared that code enforcement officers are disproportionately at risk for threat, assault, injury, and even homicide due to the nature of their obligations. On October 07, 2021, Section 829.7 was added to the Penal Code, relating to code enforcement officers and required each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed within their jurisdiction. Although there is no set standard for code enforcement officers locally, statewide, or nationally, each jurisdiction is required to develop safety standards to ensure that the best interest of the officers performing these types of duties are considered.
V. ROLE OF CODE ENFORCEMENT OFFICERS.
Code Enforcement Officers are not sworn law-enforcement personnel nor have special authority to exercise powers granted to sworn law-enforcement personnel outlined in the California Penal Code. Code Enforcement Officers are not required to have specific training or certifications like their law enforcement counterparts. Non-sworn code enforcement officers without proper training, experience, or authority should use reasonable efforts to avoid situations where physical combat techniques may be required.
Exhibit A Resolution No. 2022-19
This written procedure is not intended to be used as a use of force policy or authorization to enforce regulations not intended for code enforcement personnel.
Typically, code enforcement officers enforce local and adopted ordinances outlined in the jurisdiction’s regulations. In all circumstances where an officer feels a sense of danger, they should immediately leave the area and notify a supervisor.
VI. SAFETY PROCEDURES.
A. Safety Concerns
Code enforcement officers face inherently dangerous and high risk below are listed duties and suggested courses of action:
Type Concerns Safety Measures
Interior Housing Inspection Assault &
Battery, Dog
Attack
Verify animal secured
and home vacant prior
to onsite inspection
Substandard Structures Tripping, Falling
Material, Dust,
Mold
Appropriate shoes,
Hard Hat, Flashlight,
Face Mask
Task Force Irate & combative
people
Coordinated plan
amongst task force
members including
Ione Police Dept.
Business Compliance Inspections Irate people,
runners
Pair up staff if it looks
/ feels sketchy
Vacant Property Vectors,
vegetation,
unsafe pools,
squatters
Coordinated plan with
Vector Control for
vectors, Building &
Safety for securing
site, Ione Police
Dept. for squatters
Water Quality Inspections Slipping, wet
roads, muddy
sites, weather,
construction
Wear appropriate
weather gear, wear
vest, appropriate
shoes and hard hat on
construction sites
Unpermitted Work Inspections Unsafe
construction,
exposed trench
or wires
Coordinate with
Building & Safety to
access site, wear
safety vest and
helmet, be aware of
surroundings
Exhibit A Resolution No. 2022-19
Vehicle / Parking Enforcement Motorists, irate &
combative
people,
homeless
Wear safety vest and
be aware of
surroundings,
coordinated plan with
Ione Police Dept.
Administrative Warrants Threats of
litigation, irate
people, dogs off
leash
Coordinated plan
amongst the City
Attorney, OCFA, OC
Health, and Ione
Police Dept. as
needed
It is strongly recommended that a case history be reviewed prior to visiting any property or place of business. The use of case history and documentation is vital to safety. Utilizing local law enforcement property history is highly recommended.
To maintain safety for all Code Enforcement Officials, whether in the field or in the office, all Code Enforcement Officials in Ione shall use the BASE Rule (Be Alert Scan for Warning Signs Evacuate), best practices include:
3) Code Enforcement Officials should ACT WITH PURPOSE. It establishes confidence, commands presence and can act as a deterrent to an attack. 4) Code Enforcement Officials should eliminate distractions. Officials should not do anything that will preoccupy them from safely making observations and interacting with the public.
5) During field interviews, Code Enforcement Officials shall ensure that they:
• Are in a position of advantage or have an escape route readily available. • Are alert for warning signs of aggression from both people and animals on the property.
• When contacting an individual, attempt to determine if there are other people or animals on the property. Ask for any hazards on the property such as failed septic systems, hazardous electrical, etc. • Be alert for weapons. If an Official observes what they think is a weapon, the preferred option shall be to end the conversation and leave the area safely and immediately.
4. Code Enforcement Officials shall exhibit care when dealing with animals a. All animals encountered in the field shall be treated with caution. Watch for aggressive or threatening behavior and respond accordingly. b. Have a responsible party secure any animals which may be hostile to a Code Enforcement Officials during the inspection.
5. Inspecting Vacant Buildings/Structures
Exhibit A Resolution No. 2022-19
a. Code E n f o r c e m e n t O f f i c i a l s s h a l l N O T e n t e r a non - residential building/structure that appears to be currently occupied. If a building or structure has indications of being occupied the Code Enforcement Officials shall attempt to contact a responsible party to determine occupancy and safely contact any individual that may be inside the building/structure.
b. In addition to safety concerns, a sign of current occupancy will usually trigger the need to obtain consent or a warrant to continue the inspection. c. Code Enforcement Officials should knock loudly and announce their presence when conducting inspections. Wait for a response and continue to look for signs of current occupancy.
d. If the Code Enforcement Official is unable to contact a responsible party, law enforcement may be contacted to ensure that the inspection of the building/structure can be made safely.
Expectations
1. When in the field, Code Enforcement Officials are expected to know their approximate location to be able to report it in the case of an emergency.
2. Code Enforcement Officials are expected to strive to maintain a “professional face” when interacting with upset or angry individuals so that they can remain detached enough to safely observe the actions of the individual and assess any possible threats or hazardous situations.
3. Code Enforcement Officials are expected to make note of suspicious activity or hazards for reporting to the appropriate agency.
4. Code Enforcement Officials are never expected to knowingly put themselves into dangerous or harmful situations.
a. When a Code Enforcement Official may face potentially dangerous or harmful situations, staff shall consult with a supervisor to address the hazards. Such measures to address the hazards could include taking a second official or contacting Ione Police Department, or performing the inspection only after law enforcement has mitigated the hazard. b. If a Code Enforcement Official observes a hazard which constitutes an immediate threat to life or property, the Code Enforcement Official shall immediately take steps to ensure their safety and make the necessary notification to 911 and/or other first responders. Immediately after this notification, the Code Enforcement Official shall contact their supervisor or designee when it is safe to do so.
5. The most important thing to do if the area does not appear to be safe is to ACT by leaving the area. The best response for a Code Enforcement Official when confronted with a direct threat is to safely and immediately leave.
Exhibit A Resolution No. 2022-19
Threats, Assaults and Batteries
All threats, assaults and batteries directed at Code Enforcement Officials are serious and shall be reported to supervision, management, and/or law enforcement, immediately (as soon as it is safe). Code Enforcement Officials should obtain as much information as safely possible about the subject making the threat, assault or battery, including their intent, ability and desire to carry out their actions, and include this information in the report to law enforcement and their immediate supervisor(s).
Avoiding Conflict
The use of body language, choice of words, and tone should all be employed to de-escalate a potentially hostile situation. Use these techniques if it is safe to do so to try and complete an assignment. Conflict resolution training may be available and recommended for all Code Enforcement Officials.
If de-escalation is not effective, Code Enforcement Officials should end the communication and leave the area. This applies to both hostile subjects and hostile animals.
Use of Force
In the rare case of immediate and direct threat to life, Code Enforcement Officials may use the minimum reasonable amount of force necessary to mitigate the threat and allow for evacuation or escape from the area. The preferred method is to leave the area. If a Code Enforcement Official needs to use force for self-defense (i.e., either physically or by visually displaying pepper spray or other equipment), then such action shall be reported immediately (as soon as it is safe) to law enforcement and their immediate supervisor.
The exercise of good judgment at all times when force is necessary. Each situation explicitly requires the use of force to be reasonable and only that force which reasonably appears to be necessary may be used to mitigate a direct threat. Mere verbal threats of violence, verbal abuse, or hesitancy by the person in following commands do NOT, in and of themselves, justify the use of physical force WITHOUT additional facts or circumstances which, taken together, pose a threat of harm to the Code Enforcement Official or others. Code Enforcement Officials must be prudent when applying any type of use of force.
Unreasonable application of force on a person is a violation of California and federal law, which may result in the criminal prosecution of the Code Enforcement Official and/or civil liability for the Code Enforcement Official.
Unreasonable application of physical force on an animal is a violation of California Humane Law (California Penal Code 597), which may result in criminal prosecution and/or civil liability of the Code enforcement Official.
Code Enforcement Officials should clearly understand that the standard for determining whether the force applied was reasonable is that conduct which a Exhibit A Resolution No. 2022-19
reasonable Code Enforcement Official would exercise based upon the information the Code Enforcement Official had when the conduct occurred.
The decision to use physical force places a tremendous responsibility on the Code Enforcement Official. There is no one capable of advising the Code Enforcement Official on how to react in every situation that may occur. Ideally, all situations should require only verbalization. Code Enforcement Officials must be able to escalate or de-escalate the response that reasonably appears to be necessary to control a situation.
B. Reporting
Code Enforcement Officials are required to immediately report all Official/staff safety issues to a supervisor. This includes the mere display of officer safety equipment or pepper spray.
After a verbal notification of an Officer/staff safety issue, the supervisor shall require Code Enforcement Official to submit a written report of the situation to Human Resources.
C. Communication
The goal of Ione Code Enforcement is always to educate the public first by using a respectful attitude, proper tone, and effective communication. While there are attacks on code enforcement officers that have occurred; preventative measures and awareness are key to avoiding the probability of escalation or a confrontation with members of the public.
While the need for safety is essential, Code Enforcement Officials shall utilize deescalation techniques, crisis intervention tactics, and other alternatives when it is safe and feasible to do so. Code Enforcement Officials should obtain training and guidance on when and how to use communication, de-escalation, and crisis intervention strategies to defuse and resolve encounters
Code Enforcement Officials are encouraged to consider the following:
I. Communication should be the first option, if the situation safely allows the time and distance for communication to occur. Officials should maintain communication throughout any encounter under such circumstances.
II. How to approach, greet, engage, adapt, repair, and close the event in an effective manner; III. Tactical methods not limited to time, distance, cover, and concealment; IV. The impact of volume, tone, pace, and demeanor on communication; V. Giving respect and dignity;
VI. Active listening;
VII. Ability to give and receive constructive feedback; Exhibit A Resolution No. 2022-19
VIII. Mindful attention;
IX. Providing a voice to others and the value of allowing people to “vent”; X. Non-verbal communication and behavioral cues;
XI. Questioning strategies: open vs closed-ended;
XII. Persuasion strategies: rational, personal, or ethical appeals; XIII. Dealing with difficult or dominating people;
XIV. Inappropriate communication;
XV. WAIT Strategy – “Why Am I Talking?”
XVI. Officers should consider whether an individual’s non-compliance may be due to a medical condition, m e n t a l i m p a i r m e n t , s u b s t a n c e i n t e r a c t i o n , d e v e l o p m e n t a l o r p h y s i c a l disabilities, or other considerations that may be beyond the individual’s control. If safe and feasible, officers should use de-escalation techniques, or alternative resources (such as calling in additional trained personnel)
ADDITIONAL CONSIDERATIONS
Ione Code Enforcement Officials like all code enforcement officers are ordinary citizens with lives, homes and families. In the 21st Century the availability of information makes it relatively easy for bad actors to plan an attack or commit other unlawful acts against a Code Enforcement Official or their family. While Code Enforcement Officers are not specifically listed in VC 1808.4, some Code Enforcement Officers can be considered as qualifying for confidentiality under the specified conditions of VC 1808.4. The most common of these is VC 1808.4 (a) (19) “An active or retired CITY enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances” (emphasis added). Ione’s Code Enforcement Officials routinely deal with the enforcement of Municipal Code Parking Ordinances that regulate lawn cars, vehicle advertising, inoperable vehicles, oversized commercial vehicles and recreational vehicles and trailers on a regular basis. To maintaining safety for all Ione Code Enforcement Officials in Ione and Code Enforcement Official engaging in the enforcement of vehicles can request on their department’s letterhead and signed by a City Supervisor authorized to/capable of verifying employment and qualification, for DMV confidentiality pursuant to VC 1808.4, along with INV 32 forms, Request for Confidentiality of Home Address, from the Department of Motor Vehicles, Investigation Division, Confidential Records Unit, P.O. Box 825389 M/S N227, Sacramento, CA 94232-3890. The Letter making the request shall state the VC 1808.4 subsection/reasons under which the employees qualify for confidentiality and the number of forms requested (one per employee). Then simply fill out the INV 32 forms and return them to the DMV.
Exhibit A Resolution No. 2022-19
SUGGESTED EQUIPMENT
SUGGESTED TRAINING
Equipment Reason
Uniforms Proper Identification of code enforcement personnel:
• Shirt/Polo
• Metal Badge
• Identification Badge Card
• Business Cards
• Hat
Vehicles Identification of City Personnel
Personal Protective
Equipment
Hazardous conditions:
• Mask/Face Cover
• Goggles
• Shoe Covers
• Respirators (proper fitting)
• Gloves
• Hard Hat
• Ear Plugs / Ear Protection
• Sanitizer
• Sanitizer Spray
First-Aid Kit Triage field injury
Telephone Contact / Summon assistance
Oleoresin Capsicum (Pepper
Spray)
Defensive purposes when protecting oneself from personal injury and/or to stop further physical injury to oneself or to others
Training Reason Provider
PC 832 - Course Citation Authority Training Academies
Minimum content and
hourly requirements
Hazmat Airborne pathogens ICC / CACEO
Report Writing Documentation ICC / CACEO
Hoarding Airborne
pathogens/Inspection Safety
ICC / CACEO
Joint Enforcement Warrants ICC / CACEO
Compliance Inspections Basic Safety protocols ICC / CACEO Drug Awareness Situational awareness ICC / CACEO
Mental Illness Situational awareness ICC / CACEO
Mold Airborne pathogens ICC / CACEO
Pest Infestation Airborne pathogens ICC / CACEO
Situational Awareness Situational awareness ICC / CACEO Effective Communication De-escalation techniques ICC / CACEO Code Official Safety
Specialist (COSS)
Officer Safety ICC / CACEO
Exhibit B Resolution No. 2022-19
Senate Bill No. 296
CHAPTER 637
An act to add Section 829.7 to the Penal Code, relating to code enforcement officers. [ Approved by Governor October 07, 2021. Filed with Secretary of State October 07, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 296, Limón. Code enforcement officers: safety standards.
Existing law defines the term “code enforcement officer” as a person who is not a peace officer, who has enforcement authority for health, safety, and welfare requirements, and who is authorized to issue citations or file formal complaints, as specified.
This bill would require each local jurisdiction that employs code enforcement officers to develop safety standards appropriate for the code enforcement officers employed in their jurisdiction. By imposing new duties on local jurisdictions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Exhibit B Resolution No. 2022-19
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature finds and declares that code enforcement officers are disproportionately at risk for threat, assault, injury, and even homicide due to the nature of their obligations.
SEC. 2.
Section 829.7 is added to the Penal Code, immediately following Section 829.5, to read:
829.7.
Each local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Agenda Item #7
DATE: September 6, 2022
TO: Mayor Epperson and City Council
FROM: Michael Rock, Interim City Manager
Julie Millard, Management Analyst
SUBJECT: Discuss and Consider directing the Interim City Manager to negotiate a Lease Agreement with the Amador Central Railroad Company to lease and maintain the Train Depot Building located at the Train Depot Park RECOMMENDED ACTION:
The Council direct staff to negotiate a Lease Agreement for the Amador Central Railroad Company (ACRC) to lease and maintain the Train Depot Building.
FISCAL IMPACT:
There is no direct fiscal impact associated with this item. Possibly some long-term savings to the City by having ACRC maintain the Train Depot Building.
BACKGROUND:
Over the last two Parks and Recreation Committee meetings in July and August of this year the ACRC has requested the possibility of leasing and maintaining the Train Depot Building located at the Train Depot Park. The Train Depot Building is not part of the construction of the brand-new Train Depot Park.
ACRC has a keen interest in preserving the building for both historical and educational purposes and envisions a Train Museum and Educational Center as the centerpiece of a restored Train Depot Building.
Attached are photographs of other Train Depots in California that have been restored by similar type organizations to ACRC or volunteers within these communities.
Trains are an important part of Ione’s history as Ione was a trading post and a strategic City for the movement of goods and services during the Gold Rush and beyond.
ACRC feels that this history should not be lost on future generations and that the history can be displayed in a museum and students and residents alike can benefit from a fully restored Train Depot building.
ATTACHMENTS:
ACRC photographs of restored Train Depot Buildings in California