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Agenda packet

Pleasant Hill City Council
April 18, 2022

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Agenda packet
Meeting
April 18, 2022
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Pleasant Hill City Council
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25
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Text extracted from the city's file for reading and search. Open the original on pleasanthillca.iqm2.com. That file is the official record.

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
APRIL 18, 2022
REGULAR MEETING – 7:00 PM

VIA TELECONFERENCING
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 833 1853 4205
Passcode: 281820
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 April 18, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
The meeting will be held via teleconference as allowed pursuant to City Council resolution. Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Public Participation Options
1) Watch the Meeting via Youtube Livestream
Watch the meeting live on YouTube at: www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments Before the Meeting
Send written comments to [email protected] (comments received by 4:00 p.m. on the day of the meeting will be provided to the City Council before the meeting). 3) If You Wish to Make a Public Comment During the Meeting When the Mayor invites the public for general comment or comments on specific agenda items, please use the "Raise hand" feature in Zoom (or press *9 if connecting via telephone only) which will alert staff that you wish to speak, and you will be invited to speak when it is your turn. Note that there may be multiple hearing items on the same agenda. There are two ways to join the meeting and make a public comment during the meeting:

City Council Meeting Agenda Page 2 April 18, 2022
a. Go to www.Zoom.us using your computer and entering the Meeting ID and Passcode provided near the top of this page. You will be placed into the meeting as an Attendee. You will not be seen or heard until it is your turn to speak.
b. Or by calling (669) 900-6833 and enter the Meeting ID and Passcode. Dial *9 to virtually “Raise Hand” in Zoom
We ask that you state your name and city of residence for the record when you start your comments.

When you are making a Public Comment during the meeting, please:
1) Try to be in a room or space without a lot of background noise. 2) Mute your microphone until it is your turn to speak, then mute your speakers while speaking. 3) Have a strong, reliable internet connection or cell phone signal.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection by contacting the City Clerk’s office at [email protected] or calling 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

1. CALL TO ORDER

2. ROLL CALL

3. PRESENTATIONS

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.) City Council Meeting Agenda Page 3 April 18, 2022

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Held via Teleconference on April 7, 2022 (B) Other Meetings Attended at City Expense

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To participate in the teleconferenced meeting, please see the Public Participation Options above.

7. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

7.1 Approve Minutes for the Regular City Council Meeting of April 4, 2022

7.2 Approve Checks Dated: April 1, 2022; April 8, 2022

7.3 Approve Appointment Recommendation to the Contra Costa Mosquito Vector Control District Board of Trustees

7.4 Adopt Resolution No. ___-22 Accepting Funds and Authorizing Expenditures from the California Supplement Law Enforcement Services Account (SLESA)

7.5 Adopt Resolution No. ___-22 Approving a $60,000 One-Time Grant to the Pleasant Hill Chamber of Commerce and Authorizing the City Manager to Execute the Grant Agreement

8. ADMINISTRATION AND FINANCE

8.1 Adopt Resolution No. ___-22 Approving Participation in the Public Agencies Post-Employment Benefits Trust Program, Establishing the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and Authorizing the City Manager to Execute an Agreement with Public Agency Retirement Services (PARS) to Establish and Administer a Section 115 Trust

8.2 Adopt Resolution No. __-22 Approving an Updated General Fund Reserve Policy

8.3 Adopt Resolution No. ___ - 22 Approving Amendments to the Annual Budget for Fiscal Year 2021/22 to Appropriate American Rescue Plan Act (ARPA) Funds and Elect the Standard Allowance Allowed by the U.S. Treasury for the Revenue Loss Category

8.4 Conduct a Discussion on City of Pleasant Hill Teleconferenced Public Meetings and Returning to In-person Meetings
City Council Meeting Agenda Page 4 April 18, 2022

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. ___-22 Approving a Preferred Land Use Alternative for the Preparation of the Update of the General Plan and Housing Element
Item is continued to the meeting of May 2, 2022

10. ADJOURNMENT
Next City Council Meeting: May 2, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

April 4, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
April 4, 2022
City Council Meeting Minutes Page 1 April 4, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on March 31, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. PRESENTATIONS

3.1 Proclamation Designating April 3 - 9, 2022 as Library Week Mayor Harris read and presented the proclamation to Patrick Remer, Senior Community Library Manager, and Laurel Burns, Teacher Librarian at Strandwood Elementary and Gregory Gardens Elementary. Mr. Remer thanked the City Council for the proclamation. Mr. Remer delivered a presentation that reported on the digital usage of library resources throughout Contra Costa County, and on virtual library events for all age groups.

Ms. Burns commented on what school libraries mean to students and the community. She expressed her support for libraries to act as safe havens for students.

Councilmember Noack commented that her son had attended Strandwood Elementary and commended Ms. Burns for her work as a teacher librarian. Councilmember Noack expressed her appreciation to Mr. Remer and Ms. Burns for their work in keeping libraries vibrant.

Councilmember Rinn requested that a copy of the proclamation be sent to the Mt. Diablo School District office to support funding for libraries.

Mayor Harris thanked Mr. Remer and Ms. Burns for their hard work.

3.2 Introduction of New Civic Action Commissioner Anthony Garcia Vice Mayor Flaherty introduced Anthony Garcia as the new Civic Action Commissioner and thanked him for volunteering to serve on the Commission. Mr. Garcia thanked the City Council for the appointment.

3.3 Update on Police Services in Pleasant Hill by Bryan Hill, Chief of Police Pleasant Hill Police Chief Bryan Hill presented a slide show on the Police Department’s 2021 Annual Report. Chief Hill summarized each of the subjects in the annual report including,

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Attachment: April 4, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 April 4, 2022
“Crime & Response,” “Professional Standards & Accountability,” “New in 2021,” and “Community Engagement.”
Chief Hill reported that property crimes and crimes against persons have decreased over a fifteen-year period. Chief Hill said that property crimes outpace violent crimes in the community. Chief Hill reported on use of force incidents and deployment of non-lethal weapons over a five-year period. He said that the Police Department is being as transparent as possible and also reported on complaints and administrative investigations. Chief Hill summarized new initiatives and programs, and community engagement events.

Mayor Harris thanked Chief Hill for the presentation and for the Police Department’s efforts in keeping the community safe and engaged.

Councilmember Carlson asked about the camera registry response rate which was answered by Chief Hill.

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, commended Chief Hill for his leadership and commitment to transparency. Ms. Catalano thanked the Pleasant Hill Police Department for their work.

Ms. Catalano expressed her appreciation to Patrick Remer, Senior Community Library Manager, and the library staff for making the temporary library relevant and useful to the community.

Ms. Catalano reported that:
 the Off the Grid food trucks will return to Pleasant Hill on Wednesday, April 6, 2022;  the 18th Annual Art, Wine & Music Festival sponsored by the Pleasant Hill Chamber of Commerce will be held on May 21 & 22, 2022; and
 the Summer Concerts by the Lake will begin on May 29, 2022.

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Councilmember Rinn reported that he, along with Councilmember Carlson and Mayor Harris, attended the League of California Cities East Bay Division meeting.

Mayor Harris reported on the content of the League of California Cities East Bay Division meeting.

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Attachment: April 4, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 April 4, 2022

5.2 Announcements from Councilmembers
Mayor Harris reported his attendance at the Candidate Forum for Contra Costa District 4 Supervisor; the Pleasant Hill Chamber of Commerce mixer held at the Homewood Suites; and the Planning Division retirement reception for employees Diane Bentley and Lori Radcliffe.

Mayor Harris reminded the public that the Mayor’s State of the City Breakfast will be held on April 5, 2022 at the Pleasant Hill Community Center.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

7. CONSENT CALENDAR
Motion (Flaherty/Noack) to Approve all consent items excluding item 7.4, which was pulled for further discussion, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.1 Approve Minutes for the Regular City Council Meeting of March 21, 2022 and the Special City Council Meeting of March 28, 2022

7.2 Approve Checks Dated: March 18, 2022; March 25, 2022

7.3 Accept Update on Contra Costa Transportation Authority and Transpac

7.5 Adopt Uncodified Ordinance No. 954 Establishing Pleasant Hill Police Department Guidelines for the Acquisition, Funding, Use and Reporting of Special or "Military Equipment" Pursuant to Assembly Bill 481

7.6 Adopt Ordinance No. 955 Adopting Amendments Related to the Citywide Residential Objective Design Standards

7.7 Adopt Ordinance No. 956 Adding Section 9.45.125 (Minimum Package Size for Little Cigars and Cigars) to Article I (Regulation of Smoking) of Chapter 9.45 (Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code

7.8 Adopt Resolution No. 20-22 Approving Continued Participation in the Stormwater Pollution Management Utility District and Authorizing the Contra Costa County Flood Control and Water Conservation District to Adopt the Fiscal Year 2022/23 Stormwater Utility Area Fee for the City of Pleasant Hill

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Attachment: April 4, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 April 4, 2022

7.9 Adopt Resolution No. 21-22 Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement for FY 2020/21-2022/23 with RSG, Inc. for Financial and Administrative Services for the Redevelopment and Housing Successor Agencies

7.4 Adopt Resolution No. 19-22 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361 and Repealing and Replacing Resolution No. 63-21- Item Pulled from Consent Vice Mayor Flaherty expressed the need to discuss the possibility of returning to in-person City Council meetings.

Janet Coleson, City Attorney, explained the guidelines for meeting attendance for the City Council, and the City’s various boards and commissions. Ms. Coleson noted the factors to consider for resuming in-person meetings including social distancing protocol and allowances for persons who do not feel comfortable with in-person meetings.

Councilmember Noack asked for clarification if the City’s boards and commission must follow the City Council’s decision regarding meeting attendance. Councilmember Noack said that if the resolution is not adopted, then all future meetings would be held in person.

Councilmember Rinn asked about the consequences of not adopting item 7.4. Ms. Coleson responded that all in person meetings would resume on April 7, 2022.

Vice Mayor Flaherty recommended that hybrid meeting options should be further explored at the next meeting.

Motion (Carlson/Flaherty) to Approve item 7.4, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8. ADMINISTRATION AND FINANCE

8.1 Adopt Resolution No. 22-22 Approving an Amendment to the Annual Budget for Fiscal Year 2021/22 for Pleasant Hill Recreation and Parks District Special Event Sponsorships
Zach Seal, Economic Development Manager, summarized the request for event sponsorship submitted by the Pleasant Hill Recreation and Park District (Rec & Park District). Mr. Seal said that the total amount requested is $10,250 and would be paid from the General Fund. He said that the sponsorship would include six ongoing events and three new events. Mr. Seal reported that the Budget Committee heard the presentation on March 15, 2022 and the Committee recommended that the sponsorship request be heard by the City Council.

Jennifer Thoits, Rec & Park District Marketing & Communications Manager, and Sheila Cotruvo, Rec & Park District Special Events Coordinator, delivered a joint presentation. Ms.

Thoits and Ms. Cotruvo discussed the importance of hosting local events to build a stronger

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Attachment: April 4, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 April 4, 2022
community. They reported on the past events sponsored by the City and asked for support for new sponsorship opportunities. Ms. Thoits and Ms. Cotruvo noted that the community is eager to resume in person activities.

Vice Mayor Flaherty thanked the Rec & Park District for their work and expressed his support for the collaborative partnership.

Councilmember Noack reported that she heard the presentation at the Budget Committee meeting and noted the importance to get the community back together. Councilmember Noack said that the Budget Committee approved the recommendation.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Motion (Noack/Carlson) to Approve item 8.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. 23-22 Approving, Authorizing, and Directing Execution of:
(1) Affordable Housing Regulatory Agreement Between the City of Pleasant Hill and The Post Preservation LP (the “Developer”) to Preserve 50% of the Units at The Post Apartments (1460 Contra Costa Blvd; APN 127-050-070-3) (the “Project”) for Low-Income Households Earning 80% or Less of Area Median Income for a Period of 10 Years; (2) Loan to the Developer in the Amount of $10,000 to Facilitate Acquisition of the Project
Ethan Bindernagel, Community Development Director/Assistant City Manager, summarized the history of The Post Apartments complex project. Mr. Bindernagel explained that the goal of the proposed project would be to preserve existing, naturally occurring affordable housing for lowincome residents of The Post Apartments. Mr. Bindernagel provided an overview of the proposal and the fiscal impact to the City. He noted that the proposal would not satisfy the terms of AB 787 for the City to receive Regional Housing Needs Allocation (RHNA) credits.

Councilmember Noack, Vice Mayor Flaherty, and Mr. Bindernagel discussed the rental rates and future increases, pre and post-closing and tenant qualifications.

Ethan Walsh, Best Best & Krieger, discussed possible rent increase scenarios.

Iman Novin, President of Novin Development Corporation and Applicant, addressed Councilmember Noack’s questions regarding rents. Mr. Novin said that the intent would be to only increase the rent modestly and at below market rates. Mr. Novin said that his company would take property off the speculative market in order to keep the nature of affordability.

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Attachment: April 4, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 6 April 4, 2022
Vice Mayor Flaherty and Mr. Novin discussed the ability to obtain reliable income information from current tenants and the need for capital reserves for repairs and upgrades.

Councilmember Carlson asked about partnership with the Trinity Center which was answered by Mr. Novin.

Leslie Gleason, Trinity Center, explained the Trinity Center’s role as the nonprofit partner.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Vice Mayor Flaherty, Mr. Bindernagel, Mr. Novin, and Mr. Walsh engaged in a discussion about revising the housing element and the deed restriction to qualify for RHNA credits.

Suzy Kim, RSG Consulting, said that it would be difficult to get RHNA credit for preservation projects. Ms. Kim explained the various ways to apply for RHNA credits.

Motion (Carlson/Noack) to Approve item 9.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 9:27 p.m. The next regular meeting will be held on Monday, April 18, 2022, beginning at 7:00 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: April 4, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: APRIL 1, 2022; APRIL 8, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Approved by: Erick Cheung, Finance Manager

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Vice Mayor Tim Flaherty, Chair
Councilmember Ken Carlson
DATE: April 18, 2022
SUBJECT: Approve Appointment Recommendation to the Contra Costa Mosquito Vector Control District Board of Trustees
The City Council is requested to approve the following recommendation for appointment:

CITY BOARDS/COMMITTEES/

COMMISSIONS
TERM
Contra Costa Mosquito Vector Control
District Board of Trustees
Jennifer Hogan (reappointment) Four-year term through March 2026

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CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING FUNDS AND

AUTHORIZING EXPENDITURES FROM THE CALIFORNIA

SUPPLEMENT LAW ENFORCEMENT SERVICES ACCOUNT (SLESA)

SYNOPSIS
The purpose of this item is to authorize the acceptance of grant funds in the amount of $100,000 from the California Supplemental Law Enforcement Services Account (SLESA), formerly known as “Supplemental Law Enforcement Services Fund (SLESF).”

DISCUSSION
Background
In 1996, California state legislation (AB 3229) created the Citizens Options for Public Safety (COPS) program allocating $100,000 to eligible local governments yearly for front line law enforcement services. These funds are distributed through the SLESA. The funds cannot be used to supplant resources, but instead must be used to supplement existing resources or funding.

SLESA funds can be used for salaries, services, supplies, equipment, and administrative overhead.

SLESA funds cannot be diverted into an entity’s general fund and must be used for the aforementioned front line law enforcement services. Additionally, administrative overhead costs may not exceed .05 percent of the total award. The size of the total award to each recipient is proportionate to population with the minimum award for all entities set at $100,000 yearly.

The award for Pleasant Hill for the 2021 to 2022 fiscal year is $100,000. Enabling legislation specifies a city council must appropriate funds as specified in the written request of the entity’s Chief of Police. Funds are distributed from the State to the County, which then distributes the funds to the City on a monthly basis.

Analysis
The Police Department’s proposed use of these funds in fiscal year 2021-22 will go toward funding the following items:

7.4 Packet Pg. 32
Automated License Plate Reader ($29,487)
Expansion of the current Automated License Plate Reader (ALPR) program. ALPR captures digital images of vehicle license plates as they pass the reader camera. Any license plate matched to a license plate in the system’s database is reported in real time to law enforcement. This information enables officers to take action based on the type of data received. ALPR systems are very effective in locating and recovering stolen vehicles, alerting law enforcement officers to vehicles wanted in connection with other crimes, and obtaining investigative data that assist law enforcement in investigating and solving criminal cases. This technology is one of many programs designed to keep the City of Pleasant Hill safe and prevent property crimes.

Dispatch Supervisor Position ($20,000):

Until 2019, the supervision of the professional staff in the Support Services Division fell to a single civilian supervisor, but because of the ongoing changes and significant increased work requirements, it was no longer feasible to have a single supervisor oversee the numerous employees and job functions. Consequently, this led to a reorganization of the Services Division and the recommendation for a new Dispatch Supervisor position. The Police Department requests a commitment of $20,000 from SLESA funds to offset the cost for this position.

Replace Taser Electronic Control Device Inventory ($50,513) The Police Department’s current inventory of Taser electronic control devices were purchased in 2006 and require replacement. Updated Taser devices are more effective at detaining violent and actively resistant individuals. The Police Department requests a commitment of $50,009 from SLESA funds to offset the cost of replacing this vital public safety equipment.

FISCAL IMPACT
No general fund fiscal impact is anticipated. By statute, funds from SLESA may not be combined with general fund accounts. The use and administration of SLESA grant funds require minimal staff time to manage.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council adopt the proposed resolution accepting the grant and the proposed use of funds.

7.4 Packet Pg. 33

ALTERNATIVES TO RECOMMENDED ACTION
Council could direct staff to not accept the grant, or revise the list of recommended items.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Matt Kristic
Operations Division Lieutenant
Reviewed by: Bryan Hill
Chief of Police
Approved by: June Catalano
City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE CALIFORNIA

SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA)
WHEREAS, the State of California, has authorized a grant of $100,000 to the Pleasant Hill Police Department under the Citizens Options for Public Safety (COPS) program to be distributed through the Supplemental Law Enforcement Services Account (SLESA) administered by the Contra Costa County Supplemental Law Enforcement Oversight Committee; and WHEREAS, as a condition of receiving the grant funds, state law requires the City Council to authorize the expenditure of grant funds for specific purposes related to “front line law enforcement”; and
WHEREAS, the Pleasant Hill Police Department recommends that the grant funds be spent on a portion of the cost of the Department’s Dispatch Supervisor position, the purchase of new Automated License Plate Readers, and the purchase of replacement Taser electronic control devices; and
WHEREAS, the City Council held a hearing on April 18, 2022, to review and consider the proposed expenditures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill authorizes the acceptance of funds from the California SLESA and the expenditure of the grant funds for a portion of the cost of the Department’s Dispatch Supervisor position, the purchase of new Automated License Plate Readers, and the purchase of replacement Taser electronic control devices; and
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (SLESA Grant)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING A $60,000 ONE-TIME

GRANT TO THE PLEASANT HILL CHAMBER OF COMMERCE AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT

AGREEMENT

SYNOPSIS
On December 22, 2021, the Pleasant Hill Chamber of Commerce (“Chamber”) submitted a letter (attached) requesting a one-time grant of $60,000 in American Rescue Plan Act (ARPA) funds.

The letter also included an offer to support City staff with the implementation of the City’s ARPA-funded Small Business Economic Stimulus Initiative (“Small Business Initiative”).

The Budget Committee discussed the funding request letter at its February 2, 2022 meeting and reached consensus on recommending that the Chamber receive a one-time $60,000 grant and assist staff with elements of the Small Business Initiative.

DISCUSSION
Based on the funding request letter provided to the City by the Chamber, subsequent City staff conversations with the Chamber, as well as feedback from the Budget Committee, the Grant Agreement (attached) includes a provision for the Chamber to assist the City on an as-needed and mutually agreeable basis to implement elements of the Small Business Initiative that may include:
 Coordinating with City staff to make in-person business visits to register merchants for the City’s e-Gift Card Program (a.k.a Pleasant Hill Perks).  Disseminating information about Small Business Initiative programs  Assisting businesses to fill out and submit Small Business Initiative forms, such as grant applications and reimbursement forms.

FISCAL IMPACT
The $60,000 one-time grant payment would be paid from American Rescue Plan Act funds.

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PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Consider adoption of the resolution to approve a one-time $60,000 grant to the Chamber, and authorize the City Manager to execute the Grant Agreement.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to adopt the attached Resolution to provide a one-time $60,000 grant to the Chamber and authorize the City Manager to execute the Grant Agreement.

ATTACHMENT(S):
 Proposed Resolution
 Grant Agreement
 Chamber of Commerce Funding Request Proposal Letter
Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

7.5 Packet Pg. 37
1 RESOLUTION NO. ___-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING A $60,000 ONE-TIME GRANT TO THE PLEASANT HILL CHAMBER OF

COMMERCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT

AGREEMENT
WHEREAS, on December 22, 2021, the Pleasant Hill Chamber of Commerce (“Chamber”) submitted a funding request letter (“Letter”) to the City requesting a one-time payment of $60,000 in American Rescue Plan Act (ARPA) funds; and
WHEREAS, the Chamber has experienced revenue losses due to the cancellations of the 2020 and 2021 Art, Wine & Music Festivals as a result of COVID-related restrictions on outdoor special events; and
WHEREAS, on February 2, 2022, the City Council Budget Committee reviewed the Letter and recommended that the Chamber receive a one-time $60,000 grant and provide assistance to the City in implementing elements of its Small Business Economic Stimulus Initiative.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. The Chamber of Commerce shall receive a one-time $60,000 grant from the City using American Rescue Plan Act funds, and the City Manager is authorized to execute the Grant Agreement.

2. The Chamber shall assist City staff with the implementation of the City’s Small Business Economic Stimulus Initiative.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.5.a
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Attachment: Proposed Resolution (Chamber Grant)
1 SERVICE AGREEMENT
This Service Agreement, dated _______________, is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as the “City,” and the Pleasant Hill Chamber of Commerce, a California non-profit corporation, hereinafter referred to as the “Chamber,” collectively referred to as the “Parties.”

RECITALS
A. On December 22, 2021, the Chamber submitted a funding request letter (“Letter”) to the City requesting a one-time payment of $60,000 in American Rescue Plan Act (ARPA) funds in exchange for assistance with the City’s implementation of the ARPA-funded Small Business Economic Stimulus Initiative by providing in-person business outreach.

B. On February 2, 2022, the City Council Budget Committee discussed the Letter and reached consensus on recommending that the Chamber receive a one-time $60,000 grant with conditions to include providing assistance to the City in implementing elements of the Small Business Economic Stimulus Initiative, namely by making in-person visits to businesses to help them register for the City’s upcoming eGift Card Program.

E. The Parties hereto acknowledge and agree that the aforementioned recitals are true and accurate and are hereby incorporated into this Agreement.

AGREEMENT
Now, therefore, the Parties agree as follows:

1. Small Business Economic Stimulus Initiative Support. Chamber shall assist the City on an asneeded and mutually agreeable basis to implement elements of the Small Business Economic Stimulus Initiative (SBESI), such as coordinating with City staff to make in-person business visits to register merchants for the City’s e-Gift Card Program (a.k.a Pleasant Hill Perks), disseminating information about SBESI programs, and assisting businesses to fill out and submit SBESI forms, such as grant applications and reimbursement forms.

2. Term. Upon the execution of this Agreement by the Parties, this Agreement shall be effective as of April 18, 2022 (“Effective Date”) and continue for one year until April 17, 2023 (“Term”).

3. E-Gift Card In-Person Merchant Visits. Chamber shall track its e-Gift Card merchant visits on a shared electronic list, such as Excel, that will be remotely accessible and updated on a timely basis by both the Chamber and City.

4. Disbursement of Funds. City shall disburse a payment of $60,000 upon the execution of this Agreement.

5. Indemnity. Chamber agrees to defend, indemnify, and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages,

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Attachment: Grant Agreement (Chamber Grant)
2 injuries, and liability, direct or indirect (including related costs and expenses), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

8. Addresses for purpose of giving notice are as follows:

To City:

City Manager
100 Gregory Lane
Pleasant Hill, CA 94523
To Chamber:

Chairperson
91 Gregory Ln, STE 11
Pleasant Hill, CA 9452
IN WITNESS THEREOF, the Parties hereto have executed this AGREEMENT on the dates below their signatures.

City of Pleasant Hill
By____________________________________
____________________________________
(print name)
Title:__________________________________
Date:_________________________________
Pleasant Hill Chamber of Commerce
By_______________________________________
____________________________________
(print name)
Title:__________________________________
Date:_________________________________

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Attachment: Grant Agreement (Chamber Grant)
12/22/2021
City of Pleasant Hill
Zach Seal
Economic Development Manager
100 Gregory Lane
Pleasant Hill, CA 94523
Dear Zach,
As discussed, the Pleasant Hill Chamber of Commerce is submitting a proposal to assist city staff with the implementation of the proposed ARPA funding projects.

Project 1: Gift card program
Project 2: Website/Social Media support
Project 2: Wayfinding sign program in downtown
During our Economic Development committee meetings, we all agreed that these projects will require significant outreach efforts. While email, mail, and social media campaigns will be a catalyst, we agree that in-person visits will be necessary.

The Pleasant Hill Chamber of Commerce would like to help in these efforts and is seeking $60,000 in funding to support the above projects. As you know, manpower at the Chamber is currently in short supply, but with financial support, we can provide some of the “legwork” needed to implement successful campaigns.

The fund request above is a one-time ask from the City of Pleasant Hill’s ARPA budget specifically to assist with these projects. Having said this; the Chamber will not be hiring additional staff in 2022 as we continue to regroup from the deficit of

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Attachment: Chamber Funding Request Letter (Chamber Grant) losses in revenue from the Art, Wine & Music festival. This means we will rely on the CEO’s efforts to continue to support the membership and the city at-large.

These efforts are in-line with the Chamber’s mission and will help our members with their economic recovery during the pandemic. We hope that you agree and will assist us with this one-time funding request.

Best Regards,
Margaret Manzo
CC: Susan Hurl
June Catalano

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Attachment: Chamber Funding Request Letter (Chamber Grant)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING PARTICIPATION IN

THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST

PROGRAM, ESTABLISHING THE CITY OF PLEASANT HILL

PENSION RATE STABILIZATION PROGRAM FUNDING AND

WITHDRAWAL POLICY, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE AN AGREEMENT WITH PUBLIC AGENCY

RETIREMENT SERVICES (PARS) TO ESTABLISH AND ADMINISTER
A SECTION 115 TRUST

SYNOPSIS
The proposed resolution grants authorization for the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to establish a Section 115 Trust. The Section 115 Trust would provide another tool to assist the City in prefunding pension costs while maintaining local control over these funds. This would also authorize an initial contribution of $1 million into the Section 115 Trust and establish the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy. The Budget Committee has reviewed the proposed actions and is forwarding a recommendation for approval.

DISCUSSION
Background
The City provides its permanent employees with a defined benefit pension through the California Public Employees’ Retirement System (CalPERS). A number of changes in recent years at CalPERS have increased the City’s required payments to the pension plan and decreased the plan’s funded status. Those changes that CalPERS has enacted are designed to increase the financial stability of its pension program, but result in higher City contributions. The City previously assessed options to help address the increased pension costs and their volatility with the assistance of an outside actuarial firm, Bartel Associates, in order to understand costs and options. At that time, the City’s options were to issue bonds to pay the unfunded liability or establish a trust with contributions from fund balance to help fund future costs. Bartel Associates performed an analysis and recommended the City proceed with establishing a trust.

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Analysis
Public Agency Retirement Services (PARS) Section 115 Trusts Section 115 Irrevocable Trusts have been in existence for many years. In the past several years, they have been adopted as a mechanism for pre-funding public agencies’ Other Post-Employment Benefit (OPEB) liabilities (non-pension liabilities). Most recently, they have become a popular tool for pre-funding pension liabilities as a method to address unfunded liabilities and variances in annual pension contributions. In an effort to help public agencies address and manage their pension liability, PARS developed the PARS Post- Employment Benefits Trust Program. This program allows cities to pre-fund pension and retiree health care liabilities through an IRS reviewed program. 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. PARS has partnered with U.S. Bank and its sub-adviser HighMark Capital Management Inc., as trustee to provide investment services for the program. To date, 259 California public agencies have adopted the Pension Rate Stabilization Program through PARS, including 125 cities and towns.

PARS provides full services to administer the City’s Section Trust Program with a dedicated Senior Consultant to ensure client satisfaction; a Client Services Coordinator to monitor contributions, process disbursements and coordinate annual reviews, and an Investment Management Team to assist with developing an Investment Policy Statement and conduct periodic onsite review of investment performance and market conditions.

In May 2021, Public Agency Retirement Services (PARS) presented the benefits of establishing a Section 115 irrevocable trust to assist in prefunding pension costs to the Budget Committee. The benefits for the City to prefund through a Section 115 Trust are the following:
a. Complete Local Control over Assets - City has complete control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments
b. Pension Rate Stabilization - Assets can be transferred to the retirement system at the City’s direction, potentially reducing fluctuations in employer contribution amounts c. Rainy Day Fund - Can be an emergency source of funds when employer revenues are strained in difficult budgetary or economic times since the trust can be used for ongoing pension costs
d. Diversification - Allows for flexibility and offers the potential for assets to earn greater returns than the General Fund; spread the risk vs. sending additional money to CalPERS The process was delayed due to the uncertainty of the financial impact of COVID-19. Last March, staff followed up with the Budget Committee to proceed with establishing a Section 115 Pension Trust with PARS. PARS and HighMark Capital provided an update, while staff provided some needed information to proceed to the next step. The Budget Committee provided the following direction:
a. Establish the Section 115 Pension Trust with PARS
b. Proceed with the moderate conservative investment strategy. The strategy can be changed

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and will be reviewed annually with the Budget Committee c. The City Treasurer and the Finance Manager will serve as the Plan Administrators d. The City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy will include contributions based on the higher of $50K or 10% percentage of annual unassigned General Fund balance to be transferred to the Section 115 Trust e. Initial deposit of $1 million from the General Fund Reserve Policy On April 6th, staff updated the information based on the direction from the Budget Committee and included the PARS services trust agreements. The Budget Committee recommended proceeding to City Council with the Section 115 Trust, adopting the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and an initial deposit of $1 million from the General Fund Reserve. If City Council approves the Section 115 Trust, the process to implement the trust will take 30 to 60 days after receiving signed documents.

FISCAL IMPACT
Adoption of the proposed resolution and execution of the proposed agreement will result in a $1.0 million contribution to the PARS Section 115 Trust with a modification to the General Fund Reserve.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution authorization for the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to establish a Section 115 Trust as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolution and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - PARS Services and Trust Agreement
Exhibit 2 - Pension Rate Stabilization Program Funding and Withdrawal Policy Prepared by: Erick Cheung, Finance Manager
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AUTHORIZING THE CITY MANGAGER TO EXECUTE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES TO ESTABLISH A SECTION 115 TRUST AND

ADOPT THE CITY OF PLEASANT HILL PENSION RATE STABILIZATION PROGRAM

FUNDING AND WITHDRAWAL POLICY
WHEREAS, the City provides its permanent employees with a defined benefit pension through the California Public Employees’ Retirement System (CalPERS); and WHEREAS, CalPERS has made a number of changes in recent years which have increased the City’s required payments to the pension plan and decreased the plan’s funded status. Those changes that CalPERS has enacted are designed to increase the financial stability of its pension program, but result in higher City contributions; and
WHEREAS, City had an actuarial firm, Bartel Associates, review the City’s funding options to manage the pension liability and recommended establishing a Section 115 Trust; and WHEREAS, a Section 115 Trust is a tool to pre-fund pension liabilities through an IRS reviewed program; and
WHEREAS, Public Agency Retirement Services (PARS) has developed this program 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; and WHEREAS, PARS has partnered with U.S. Bank and its sub-adviser HighMark Capital Management Inc., as trustee to provide investment services for the program. To date, 259 California public agencies have adopted the Pension Rate Stabilization Program through PARS, including 125 cities and towns; and
WHEREAS, the Budget Committee, at its meeting of April 6, 2022, approved the recommendation to proceed with the Section 115 Trust with PARS, an initial contribution of $1 million and adopt the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:

1. Approve the PARS Services and Trust Agreement attached as Exhibit 1.

2. Approve an initial contribution of $1.0 million to be deposited into the Section 115 Trust.

3. Adopt the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy attached as Exhibit 2.

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Attachment: Proposed Resolution (PARS Approval)
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.1.a
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Attachment: Proposed Resolution (PARS Approval)

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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 City of Pleasant Hill (“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. PARS shall indicate to Agency the time in which to deliver the Data so it can perform the Services. Unless specified in Exhibit 1A, PARS

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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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.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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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 the County of Contra Costa.

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: City of Pleasant Hill; 100 Gregory Lane, Pleasant Hill, CA 94523; Attention: City Manager
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 April 18, 2022 and ending April 17, 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.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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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:

June Catalano
TITLE: City Manager
DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE: 4/14/2022

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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EXHIBIT 1A

SERVICES
PARS will provide the following services for the City of Pleasant Hill 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.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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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.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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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.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT

ADOPTION AGREEMENT
for the
POST-EMPLOYMENT SECTION 115 TRUST
A.1.1. Trust agreement with U.S. Bank National Association (the “Bank”) (the “Trust Agreement”):

Post-Employment Section 115 Trust. Public Agencies Post-Employment Benefits—Trust Agreement, effective November 5, 2014
A.1.2. OPEB Plan: Public Agencies Post-Employment Health Care Plan The plan document for the OPEB Plan is the Public Agencies PostEmployment Health Care Plan—Master Plan Document, effective as of November 5, 2014 (the “Plan Document”).

A.1.3. Pension Plan:

A.1.4. Pension Plan’s
effective date:
□ (Check if applicable) Additional Pension Plans (and their respective effective dates) are listed on an exhibit attached hereto.

A.2.1. Employer:

Name: City of Pleasant Hill
U.S. mail address: 100 Gregory Lane, Pleasant Hill, CA 94523 Phone number: (925) 671-5270
EIN: 94-1527260
Fiscal year end: June 30

A.2.2. Plan Administrators:

Position at Employer: Finance Manager Interim City Treasurer Incumbent: Erick Cheung Andrew Kalinowski
U.S. mail address: 100 Gregory Lane, Pleasant Hill, CA 94523 Phone number: (925) 671-5231 (925) 671-5267
Email address: [email protected] [email protected]

8.1.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT A.3.1 Adoption. The Employer hereby:

A.3.1.1. Adopts the Trust Agreement as part of the (Check one or both of the following boxes.):
□ OPEB Plan
□ Pension Plan
(each such plan separately, the “Plan”) and agrees to be bound by the Trust Agreement’s terms, effective as of the Employer’s signature date below and subject to the investment approach selected below.

A.3.1.2.The following provisions apply if and only if the OPEB Plan box above is checked: (i) Adopts the Plan Document and agrees to be bound by the Plan Document’s terms, effective as of the Employer’s signature date below and (ii) acknowledges that the determination of Eligible Employees and Eligible Beneficiaries is finally and conclusively made by the Employer according to the Employer’s applicable policies and collective bargaining agreements and without reference to the Trust Agreement.

A.3.1.3. Ratifies, affirms, and approves Employer’s appointment of Phase II Systems as Trust Administrator and represents and warrants that attached hereto is a fully-executed original of Employer’s Agreement for Administrative Services with Phase II Systems, d/b/a Public Agency Retirement Services (PARS).

A.3.1.4. Agrees that capitalized terms used herein but not defined herein shall have the same meaning attributed to them as in the Trust Agreement or Plan Document, as the case may be.

A.4.1. The Employer hereby represents and warrants that:

A.4.1.1. Authorizing Law. Employer has reviewed with its legal counsel and has determined that Employer is authorized to establish and maintain the Plan and to establish a financialinstitution trust (separate and apart from the state) for the Plan, including the authority to adopt the Trust Agreement.

A.4.1.2. Authorizing Resolution. Attached hereto is a certified copy of a resolution of the Employer’s governing body authorizing the adoption of the Trust Agreement as part of the Plan and authorizing the appointment of the Plan Administrator designated by position of employment at the Employer to act on the Employer’s behalf in all matters relating to the trust.

A.4.1.3. Tax Status. The Plan is a “governmental plan” as defined in Section 414(d) of the Internal Revenue Code of 1986, as amended; is a “Section 401(a)(24) governmental plan” as defined in Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan’s governing document expressly provides that it is irrevocably impossible for any part of the corpus or income of the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their beneficiaries. The Pension Plan is a qualified plan under Code Section 401(a). (In addition, the Employer hereby acknowledges that the Plan is prohibited from assigning any part of its equity or interest in the trust.)

8.1.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT A.4.2. Investment Approach.

A.4.2.1. The following provisions apply if and only if the OPEB Plan box above is checked:

OPEB Account. OPEB Account assets are invested in the discretion of (check one and only one of the following boxes):

Discretionary investment approach:
□ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto.

Directed investment approach:
□ The Plan Administrator.
□ The following registered investment adviser, bank (other than the Bank), or insurance company (a “Third-Party Manager”):
___________________________________________________________. The Employer hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager.

A.4.2.2. The following provisions apply if and only if the Pension Plan box above is checked:

Pension Account. Pension Account assets are invested in the discretion of (check one and only one of the following boxes):

Discretionary investment approach:
□ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto.

Directed investment approach:
□ The Plan Administrator.
□ The following registered investment adviser, bank (other than the Bank), or insurance company (a “Third-Party Manager”):
___________________________________________________________. The Employer hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager.

A.4.3. It is intended that any references to GASB pronouncements and/or statements in the Public Agencies Post-Employment Health Care Plan and Trust Agreement shall incorporate any applicable successor pronouncements and/or statements.
[signature page follows]

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

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EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT

CITY OF PLEASANT HILL

By:

Erick Cheung
Its: Finance Manager

Date:

By:

Andrew Kalinowski
Its: Interim City Treasurer

Date:

Accepted by: PHASE II SYSTEMS, DBA PUBLIC AGENCY

RETIREMENT SERVICES (PARS)
By:

Daniel Johnson
Its: President
Date:

U.S. BANK NATIONAL ASSOCIATION
By:

Susan M. Hughes
Its: Vice President and Relationship Manager
Date:

8.1.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

PUBLIC AGENCIES

POST-EMPLOYMENT BENEFITS

TRUST AGREEMENT
(Effective November 5, 2014)

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

ARTICLE I

DEFINITIONS

1.1 "Adoption Agreement" shall have the meaning given to such term in Section 2.3.

1.2 "Agency Account" shall have the meaning given to such term in Section 2.4.

1.3 "Agreement for Administrative Services" shall mean the agreement executed between the Employer and the Trust Administrator which authorizes the Trust Administrator to perfonn specific duties of administering the Agency Account of the Employer.

1.4 "Assets" shall have the meaning given to such term in Section 2.5.

1.5 "Code" shall mean the Internal Revenue Code of 1986 as amended from time to time.

1.6 "Delegatee" shall mean an individual or entity, appointed by the Plan Administrator or Employer to act in such matters as are specified in the appointment.

1. 7 "Effective Date" shall mean the date first written above, the date the Trust was established, and with respect to each Employer, the Effective Date shall be the date on which the Employer executes the Adoption Agreement.

1.8 "Eligible Beneficiary" shall mean any person who, due to his or her relationship to an Eligible Employee, is entitled to post-employment benefits pursuant to the Employer's Pension Plan or OPEB Plan, including but not limited to the Eligible Employee's current or former spouse or domestic partner, child, dependent, or survivor.

1.9 "Eligible Employee" shall mean any employee of an Employer who is entitled to post-employment benefits pursuant to the Employer's Pension Plan or OPEB Plan. Unless the context otherwise requires, the term "Eligible Employee" as used herein shall include any Eligible Beneficiaries.

1.10 "Employer" shall mean a public agency that executes the Adoption Agreement, thereby adopting the provisions of this Trust Agreement, provided that such agency is a state, a political subdivision of a state, or an entity the income of which is excludible from gross income under Section 115 of the Code.

1.11 "GASB" shall mean the Governmental Accounting Standards Board.

1.12 "Omnibus Account" shall mean an account, established for record keeping purposes only, to aggregate the balances of the Assets credited to the Agency Accounts. The Trust Administrator shall maintain and reconcile, at the Agency Account level ( and subaccount level), the investments of the Agency Accounts

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) and will provide reports to the Plan Administrator with respect to such investments. The Trustee will maintain a record of the aggregate balance (principal and earnings) for all Agency Accounts. The Trust Administrator will in the ordinary course of business maintain a record of the name, address, taxpayer identification number, account number and amount of funds, including earnings, of each Employer. On periodic valuation dates (no less frequently than monthly) to be established by the Trust Administrator, the Trustee and Trust Administrator will reconcile the aggregate balance infonnation maintained by the Trustee with the Agency Account level records maintained by the Trust Administrator pursuant to this Trust Agreement.

1.13 "OPEB" shall mean "other post-employment benefits," such as medical, dental, vision, life insurance, long-term care and other similar benefits provided to retirees, other than pension benefits.

1.14 "OPEB Obligation" shall mean an Employer's obligation to provide OPEB to its Eligible Employees in accordance with the Employer's OPEB Plan.

1.15 "OPEB Plan" shall mean the Public Agencies Post-Employment Health Care Plan, as adopted by the Employer under the Adoption Agreement.

1.16 "Pension Obligation" shall mean an Employer's obligation to contribute to the Pension Plan's Qualified Trust and shall not, for example, mean an Employer's Obligation to provide retirement benefits under the Pension Plan to the Empl~yer's Eligible Employees.

1.17 "Pension Plan" shall mean an Employer's defined-benefit pension plan or plans, each of which is (i) qualified under Section 401(a) of the Code, (ii) sponsored by the Employer in order to provide retirement benefits to its Eligible Employees, and (iii) partly or wholly funded by the Employer's contributions to a Qualified Trust.

1.18 "Plan Administrator" shall mean the individual designated by pos1t10n of employment at the Employer to act on its behalf in all matters relating to the Employer's participation in the Trust.

1.19 "Qualified Trust" shall mean a trust which (i) is separate and apart from the Trust, (ii) constitntes a qualified trust under Code Section 401 (a), and (iii) funds retirement benefits provided under an Employer's Pension Plan to the Employer's Eligible Employees.

1.20 "Trust" shall mean the Public Agencies Post-Employment Benefits trust arrangement.

1.21 "Trust Administrator" shall mean Public Agency Retirement Services or any successor trust administrator appointed by the Employers as provided herein. TI1e Trust Administrator shall serve as trust administrator to the Trust established

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) pursuant to this Trust Agreement until such Trust Administrator resigns or is removed as provided in Article III.

1.22 "Trust Agreement" shall mean this Public Agencies Post-Employment Benefits trust document adopted by each Employer upon execution of an Adoption Agreement, as amended from time to time.

1.23 "Trustee" shall mean U.S. Bank National Association, or any successor trustee appointed by the Employers as provided herein. The Trustee shall serve as trustee of the Trust established pursuant to the provisions of this Trust Agreement until such Trustee resigns or is removed as provided in Article III.

ARTICLE II

THE TRUST

2.1 Multiple Employer Trust
The Trust is a multiple employer trust arrangement established to provide economies of scale and efficiency of administration to public agencies that adopt it to hold the assets used to fund the agency's OPEB Obligation or Pension Obligation or both. The Trust is divided into Agency Accounts to hold the Assets of each Employer as described in Section 2.4.

2.2 Purpose
The Trust is established with the intention that it qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Code and any regulations issued thereunder and as a tax-exempt trust under the provisions of the relevant state's statutory provisions of each Employer. This Trust Agreement shall be construed and the Trust shall be administered in a manner consistent with such intention. The fundamental purpose of the Trust is to fund the Employer's OPEB Obligation or Pension Obligation or both. It is intended that adopting Employers retain an interest in the underlying securities held in the Trust on their behalf, rather than in the Trust itself.

The Employer hereby represents and warrants that the assets held hereunder (including the Assets) are not assets of any qualified plan under Code Section 40l(a), regardless of the character of such assets once distributed. The Employer hereby acknowledges that the Trust does not constitute a qualified trust under Code Section 401(a).

2.3 Employers
Any public agency may, by action of its governing body in writing accepted by the Trustee, adopt the provisions of the Trust Agreement. Executing an adoption instrument for the Trust ("Adoption Agreement"), in the form attached hereto as Exhibit "A" (or such other form as may be approved by the Trustee), shall

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) constitute such adoption, unless the Trustee requires additional evidence of adoption. In order for such adoption to be effective, the public agency must also execute an Agreement for Administrative Services with Public Agency Retirement Services, the Trust Administrator, pursuant to Section 3.6 of this Trust Agreement. Such adopting Employer shall then become an Employer of the Trust.

Each such Employer shall, at a minimum, furnish the Trust Administrator with the following documents to support its adoption of the Trust:
(a) a certified copy of the resolution(s) of the governing body of the Employer authorizing the adoption of the Trust Agreement and the appointment of the Plan Administrator for such Employer;
(b) an original of the Adoption Agreement executed by the Plan Administrator or other duly authorized Employer employee;
(c) an original of the Agreement for Administrative Services with Public Agency Retirement Services executed by the Plan Administrator or other duly authorized Employer employee and Public Agency Retirement Services; ( d) an address notice; and
( e) such other documents as the Trustee may reasonably request. (f) Any action taken by the Plan Administrator for an Employer shall be deemed to have been taken by such Employer. Any notice given to or delivered by the Plan Administrator for an Employer shall be deemed to have been given to or delivered by such Employer.

2.4 Agency Accounts
(a) Upon an Employer's adopting the Trust Agreement, as provided in Section 2.3, a separate "Agency Account" shall be established under the Trust for that Employer, and all Assets of the Trust attributable to that Employer shall be held in that Employer's Agency Account.
(b) An Employer's Agency Account comprises three subaccounts: a "Pension Account", an "OPEB Account", and a "Suspense Account". The Assets of the Trust that are held in the Employer's Pension Account will be available only to fund the Employer's Pension Obligation and defray the reasonable expenses associated with the same. The Assets of the Trust that are held in the Employer's OPEB Account will be available only to fund the Employer's OPEB Obligation and defray the reasonable expenses associated with the same. (c) The Assets of the Trust that are held in an Employer's Agency Account shall not be available to pay any obligations incurred by any other Employer as provided in Section 2.8.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) ( d) All contributions and transfers received by the Trust on behalf of the Employer will be held in the Employer's Agency Account and will be allocated to the subaccounts under the Agency Account as follows:
(1) If the Employer maintains a Pension Account or OPEB Account (and not both a Pension Account and an OPEB Account), all contributions and transfers received by the Trust on the Employer's behalf will be allocated to that subaccount.
(2) If the Employer maintains both a Pension Account and an OPEB Account, contributions and transfers received by the Trust on the Employer's behalf will be allocated to either the Pension Account or OPEB Account, as directed by the Plan Administrator. To the extent the Plan Administrator does not provide such direction, the Employer hereby directs the Trustee to allocate such contributions and transfers to the Suspense Account and to use the assets of the Suspense Account to purchase a position in the sweep vehicle identified on an exhibit hereto or, if none is identified, to hold such assets un-invested. The Plan Administrator may at any time direct the reallocation of cash from the Suspense Account to either the Pension Account or the OPEB Account. (3) Once allocated to the Pension Account or the OPEB Account, amounts under the Trust may not subsequently be transferred to the other subaccount.

2.5 Assets of Agency Account
The assets held in an Agency Account shall consist of all contributions and transfers received by the Trust on behalf of the Employer, together with the income and earnings from such contributions and transfers, and any increments accruing to the Agency Account, net of any investment losses, benefits, expenses or other costs ("Assets"). All contributions or transfers shall be received by the Trustee in cash or in other property acceptable to the Trustee. The Trustee shall manage and administer the Assets held in Agency Accounts without distinction between principal and income. The Trustee and the Trust Administrator shall have no duty to compute any amount to be transferred or paid to the Agency Account by the Employer, and the Trustee and the Trust Administrator shall not be responsible for the collection of any contributions or transfers to the Agency Account.

2.6 Aggregate Balance for Investment and Administration The balances of the Assets of more than one Agency Account may be aggregated by the Trustee in one or more Omnibus Accounts for investment and administrative purposes, to provide economies of scale and efficiency of administration to the Agency Accounts. The responsibility for Agency Account level accounting (including subaccount-level accounting within each Agency Account) within this Omnibus Account(s) shall be that of the Trust Administrator.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

2.7 Trustee Accounting
The Trustee shall be responsible only for maintaining records and maintaining accounts for the aggregate assets of the Trust. The responsibility for accounting and subaccounting for each Agency Account, based upon the Omnibus Account(s), shall be that of the Trust Administrator.

2.8 No Diversion of Assets
The Assets in each Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. The Assets in each Agency Account shall not be used for or diverted to, any other purpose, including, but not limited to, the satisfaction of any other Employer's Pension Obligation or OPEB Obligation.

2.9 Type and N aturc of Trust
Neither the full faith and credit nor the taxing power of each Employer is pledged to the distribution of amounts hereunder. Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of any Employer, but are payable solely from the Assets held in such Employer's Agency Account, as more fully described herein. No employee of any Employer or beneficiary may compel the exercise of the taxing power by any Employer.

Distributions of Assets from any Agency Account are not debts of any Employer within the meaning of any constitutional or statutory limitation or restriction.

Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of an Employer's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of each Plan and the Trust set aside for distributions. Neither the members of the governing body of any Employer nor its officers, employees, agents or volunteers are liable hereunder.

2.10 Loss of Tax-Exempt Status as to Any Employer
If any Employer participating in the Trust receives notice from the Internal Revenue Service that the Trust as to such Employer fails to satisfy the requirements of Section 115 of the Code, or if any Employer consents to the Internal Revenue Service's determination that the Trust fails to meet such requirements, Assets having a value equal to the funds then held in such Employer's Agency Account shall be segregated and placed in a separate trust by the Trustee for the exclusive benefit of such Employer's Eligible Employees within a reasonable time after the Trust Administrator notifies the Trustee of the Internal Revenue Service's determination. Each Employer participating in the Trust agrees to immediately notify the Trust Administrator upon receiving such

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) notice or giving such consent. TI1e separate trust provided for in this Section 2.10 shall thereafter be considered as a separate trust containing all of the provisions of this Trust Agreement until terminated as provided in this Trust Agreement.

ARTICLE III

ADMINISTRATIVE MATTERS

3.1 Appointment of Trustee
The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as the trustee of this Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trustee of the Trust. If the Trustee is removed or resigns pursuant to Section 3 .2, the Employers shall appoint a successor Trustee in accordance with the voting requirements set forth in this Section 3.1.

3.2 Resignation or Removal of Trustee
The Employers may act to remove the Trustee, provided that such action must satisfy the voting requirements set forth in Section 3 .1 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trustee may also resign at any time by giving at least ninety (90) days prior written notice to the Trust Administrator and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trustee may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trustee hereunder without the Trustee's consent. The Trustee shall, upon the appointment and acceptance of a successor trustee, transfer and deliver the Assets and all records relating to the Trust to the successor, after reserving such reasonable amount as it shall deem necessary to provide for its fees and expenses and any sums chargeable against the Trust for which it may be liable. The Trustee shall do all acts necessary to vest title of record in the successor trustee.

3.3 Withdrawal of Employer
An Employer may elect to withdraw from the Trust by giving at least thirty (30) days prior written notice to the Trustee and the Trust Administrator. If an Employer so elects to withdraw, Assets having a value equal to the funds held in such Employer's Agency Account shall be segregated by the Trustee and, as soon as practicable, shall be transferred to one or more trusts maintained by the Employer, provided that (i) for Assets transferred from the OPEB Account, any such trust shall satisfy the requirements of Section 115 of the Code, (ii) for Assets

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) transferred from the Pension Account, any such trust shall satisfy the requirements of either Section 115 or 40l(a) of the Code, and (iii) all assets held by any such trust and previously held in the Employer's Pension Account or OPEB Account shall qualify as "plan assets" within the meaning of GASB Statement No. 68 (Accounting and Financial Reporting for Pensions-An Amendment of GASB Statement No. 27) or GASB Statement No. 45 (Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions), respectively, in each case as reasonably determined by the Employer and certified in writing by the Employer to the Trust Administrator. The Employer shall appoint a trustee for such Employer's separate trust and, upon the trustee's acceptance of that appointment, the trustee will be vested with title to the transferred Assets.

3.4 The Plan Administrator
The governing body of each Employer shall have plenary authority for the administration and investment of such Employer's Agency Account pursuant to any applicable state laws and applicable federal Jaws and regulations. Each Employer shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument the Plan Administrator shall be deemed to have authority to act on behalf of the Employer in all matters pertaining to the Employer's participation in the Trust and in regard to the Agency Account of the Employer. Such appointment of a Plan Administrator shall be effective upon receipt and acknowledgment by the Trustee and the Trust Administrator and shall be effective until the Trustee and the Trust Administrator are furnished with a resolution of the Employer that the appointment has been modified or terminated.

3.5 Failure to Appoint Plan Administrator
If a Plan Administrator is not appointed, or such appointment lapses, the Employer shall be deemed to be the Plan Administrator. As used in this document the term "Plan Administrator" shall be deemed to mean "Employer" when a Plan Administrator has not been appointed for such Employer.

3.6 Delegatee
The Plan Administrator, acting on behalf of the Employer, may delegate certain authority, powers and duties to a Delegatee to act in those matters specified in the delegation. Any such delegation must be in a writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the authority and duties delegated, is executed by the Plan Administrator, is acknowledged in writing by the Delegatee, and is certified as required in Section 3. 7 to the Trust Administrator. Such delegation shall be effective until the Trustee and the Trust Administrator are directed in writing by the Plan Administrator that the delegation has been rescinded or modified.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

3.7 Certification to Trustee
The governing body of each Employer, or other duly authorized official, shall certify in writing to the Trustee and the Trust Administrator the names and specimen signatures of the Plan Administrator and Delegatee, if any, and all others authorized to act on behalf of the Employer whose names and specimen signatures shall be kept accurate by the Employer acting through a duly authorized officer or governing body of the Employer. The Trustee and the Trust Administrator shall have no liability if they act upon the direction of a Plan Administrator or Delegatee that has been duly authorized, as provided in Section 3 .6, if that Plan Administrator or Delegatee is no longer authorized to act, unless the Employer has informed the Trustee and the Trust Administrator of such change.

3.8 Directions to Trustee
All directions to the Trustee from the Plan Administrator or Delegatee must be in writing and must be signed by the Plan Administrator or Delegatee, as the case may be. For all purposes of this Trust Agreement, direction shall include any certification, notice, authorization, application or instruction of the Plan Administrator, Delegatee or Trustee appropriately communicated. The above notwithstanding, direction may be implied if the Plan Administrator or Delegatee has knowledge of the Trustee's intentions and fails to file written objection.

The Trustee shall have the power and duty to comply promptly with all proper directions of the Plan Administrator or Delegatee, appointed in accordance with the provisions of this Trust Agreement. In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek written instructions from the Plan Administrator, the Employer or the Delegatee on such matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust and/or the applicable Agency Account which may include not taking any action. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence of timely direction or clarification, or if the Trustee considers any direction to be a violation of the Trust Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction.

3.9 Appointment of Trust Administrator
The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as Trust Administrator of the Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trust Administrator of

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) the Trust. If the Trust Administrator is removed or resigns pursuant to Section 3 .13, the Employers shall appoint a successor Trust Administrator in accordance with the voting requirements set forth in this Section 3 .9.

3.10 Trust Administrator
The Trust Administrator's duties involve the performance of the following services pursuant to the provisions of this Trust Agreement and the Agreement for Administrative Services:
(a) Performing periodic accounting of each Agency Account (including subaccount-level accounting within each Agency Account) and reconciling such Agency Account balances with the Trust/Omnibus Account; (b) Directing the Trustee to make distributions from the appropriate subaccount under an Agency Account in accordance with Section 5.9. ( c) Allocating contributions, earnings and expenses to each Agency Account and the underlying subaccounts;
( d) Directing the Trustee to pay the fees of the Trust Administrator and to do such other acts as shall be appropriate to carry out the intent of the Trust; (e) Such other services as the Employer and the Trust Administrator may agree in the Agreement for Administrative Services pursuant to Section 2.3.

The Trust Administrator shall be entitled to rely on, and shall be under no duty to question, any direction and/or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this Trust Agreement. The Trust Administrator shall not have any duty to compute contributions made to the Trust, determine or inquire whether contributions made to the Trust by the Plan Administrator or other duly authorized entity are adequate to meet an Employer's Pension Obligation or OPEB Obligation as may be detennined under any applicable GASB pronouncement; or determine or inquire whether contributions made to the Trust are in compliance with the Employer's OPEB Plan or Pension Plan. The Trust Administrator shall not be liable for nonperformance of duties if such nonperformance is directly caused by erroneous, and/or late delivery of, directions or data from the Plan Administrator, or other duly authorized entity.

3.11 Additional Trust Administrator Services
The Plan Administrator may at any time retain the Trust Administrator as its agent to perform any act, keep any records or accounts and make any computations which are required of the Employer or the Plan Administrator by this Trust Agreement or by the Employer's policies and/or applicable collective bargaining agreements. The Trust Administrator shall be separately compensated

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) for such service and such services shall not be deemed to be contrary to the Trust Agreement.

3.12 Trust Administrator's Compensation
As may be agreed upon from time to time by the Employer and Trust Administrator, the Trust Administrator will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the perfonnance of duties with respect to such Employer's Agency Account and to the Trust.

3.13 Resignation or Removal of Trust Administrator
The Employers may act to remove the Trust Administrator, provided that such action must satisfy the voting requirements set forth in Section 3.9 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trust Administrator may also resign at any time by giving at least one hundred and twenty (120) days prior written notice to the Trustee and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trust Administrator may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trust Administrator hereunder without the Trust Administrator's consent. l11e Trust Administrator shall, upon the appointment and acceptance of a successor trust administrator, transfer all records relating to the Trust to the successor.

ARTICLE IV

THE TRUSTEE

4.1 Powers and Duties of the Trustee
Except as otherwise provided in Article V and subject to Article VI, the Trustee shall have full power and authority with respect to property held in the Trust to do all such acts, take all proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this document, as could be done, taken or exercised by the absolute owner, including, without limitation, the following:
(a) To invest and reinvest the Assets or any part hereof in any one or more kind, type, class, item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class or item of obligation, secured or unsecured; or in any combination of them (including those issued by the Trustee of any of its affiliates, to the extent permitted by applicable law), and to retain the property for the period of time that the Trustee deems appropriate;

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) (b) To acquire and sell options to buy securities ("call" options) and to acquire and sell options to sell securities ("put" options);
(c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral leases), exchange and in any other manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for cash or credit and upon any reasonable terms and conditions;
( d) To make deposits, with any bank or savings and loan institution, including any such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of interest;
(e) To invest and reinvest the Assets, or any part thereof in any one or more collective investment trust funds, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Code, that are maintained by the Trustee or an affiliate thereof. The declaration of trust or plan of operations for any such common or collective fund is hereby incorporated herein and adopted into this Trust Agreement by this reference. The combining of money and other assets of the Trust with money and other assets of other nonqualified trusts in such fund or funds is specifically authorized. Notwithstanding anything to the contrary in this Trust Agreement, the Trustee shall have full investment responsibility over Assets of the Trust invested in such commingled funds. If the plan and trust for any reason lose their tax exempt status, and the Assets have been commingled with assets of other tax exempt trusts in Trustee's collective investment funds, the Trustee shall within 30 days of notice of such loss of tax exempt status, liquidate the Trust's units of the collective investment fund( s) and invest the proceeds in a money market fund pending investment or other instructions from the Plan Administrator. The Trustee shall not be liable for any loss or gain or taxes, if any, resulting from said liquidation; (f) To place uninvested cash and cash awaiting distribution in one or more mutual funds and/or commingled investment funds maintained by or made available by the Trustee or any of its affiliates, and to receive compensation from the sponsor of such fund( s) for services rendered, separate and apart from any Trustee's fees hereunder. The Trustee or its affiliate may also be compensated for providing investment advisory services to any mutual fund or commingled investment funds;
(g) To borrow money for the purposes of the Trust from any source with or without giving security; to pay interest; to issue promissory notes and to secure the repayment thereof by pledging all or any part of the Assets; (h) To take all of the following actions: to vote proxies of any stocks, bonds or other securities; to give general or special proxies or powers of attorney with or

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) without power of substitution; to exercise any conversion privileges, subscription rights or other options, and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Trust;
(i) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(j) To raze or move existing buildings; to make ordinary or extraordinary repairs, alterations or additions in and to buildings; to construct buildings and other structures and to install fixtures and equipment therein; (k) To pay or cause to be paid from the Trust any and all real or personal property taxes, income taxes or other taxes or assessments of any or all kinds levied or assessed upon or with respect to the Trust;
(I) To exercise all the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under applicable federal or state laws, as amended from time to time, it being intended that, except as herein otherwise provided, the powers conferred upon the Trustee herein shall not be construed as being in limitation of any authority conferred by law, but shall be construed as consistent or in addition thereto.

4.2 Additional Trustee Powers
In addition to the other powers enumerated above, the Trustee in any and all events is authorized and empowered:
(a) To invest funds pending required directions in any type of interest-bearing account, including, without limitation, time certificates of deposit or interestbearing accounts issued by the Trustee, or any mutual fund or short term investment fund ("Fund"), whether sponsored or advised by the Trustee or any affiliate thereof); the Trustee or its affiliates may be compensated for providing such investment advice and providing other service to such Fund, in addition to any Trustee's fees received pursuant to this Trust Agreement; (b) To cause all or any part of the Trust to be held in the name of the Trustee (which in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the name of any nominee, and to acquire for the Trust any investment in bearer form, but the books and records of the Trust shall at all times show that all such investments are a part of the Trust and the Trustee shall hold evidences of title to all such investments;

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) (c) To serve as custodian with respect to the Trust Assets; ( d) To employ such custodians, agents and counsel as may be reasonably necessary in managing and protecting the Assets and to pay them reasonable compensation from the Trust; to employ any broker-dealer or other agent, including any broker-dealer or other agent affiliated with the Trustee, and pay to such broker-dealer or other agent, at the expense of the Trust, its standard commissions or compensation; to settle, compromise or abandon all claims and demands in favor of or against the Trust; and to charge any premium on bonds purchased at par value to the principal of the Trust without amortization from the Trust, regardless of any law relating thereto;
( e) In addition to the powers listed herein, to do all other acts necessary or desirable for the proper administration of the Trust, as though the absolute owner thereof;
(f) To prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Trust; and to tender its defense to the Employer in any legal proceeding where the interests of the Trustee and the Employer are not adverse;
(g) To exercise and perform any and all of the other powers and duties specified in this Trust Agreement or the Plan;
(h) To permit such inspections of documents at the principal office of the Trustee as are required by law, subpoena or demand by a United States agency; (i) To comply with all requirements imposed by applicable provisions oflaw; (j) To seek written instructions from the Plan Administrator or other fiduciary on any matter and await their written instructions without incurring any liability.

If at any time the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust; (k) To compensate such executive, consultant, actuarial, accounting, investment, appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal firms, personnel and other employees or assistants as are engaged by the Plan Administrator in connection with funding the Employer's OPEB Obligation or Pension Obligation or both and to pay from the Trust the necessary expenses of such firms, personnel and assistants, to the extent not paid by the Plan Administrator;

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) (1) To act upon proper written directions of the Plan Administrator or Delegatee, including directions given by photostatic transmissions using facsimile signature, and such other forms of directions as the parties shall agree; (m) To pay from the Trust the expenses reasonably incurred m the administration of the Trust;
(n) To maintain insurance for such purposes, in such amounts and with such companies as the Plan Administrator shall elect, including insurance to cover liability or losses occurring by reason of the acts or omissions of fiduciaries but only if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary.

ARTICLEV

INVESTMENTS

5.1 Discretionary Versus Directed Investment
For the Pension Account and the OPEB Account under the Agency Account, the Employer shall elect either a discretionary or directed investment approach. The Employer may elect the same or different investment approaches for those two subaccounts. The Employer hereby elects a directed approach for the Suspense Account. If the Employer elects a discretionary investment approach for a subaccount, the Employer shall further elect between the various investment strategies offered and the Trustee, in accordance with Article IV, shall have absolute discretion over the investment of the Assets held in such subaccount under the Employer's Agency Account. If the Employer elects a directed investment approach for a subaccount, the Trustee shall direct the investment of the Assets of such subaccount under the Employer's Agency Account in accordance with the direction provided by such Employer.

5.2 Trustee Fees
As may be agreed upon, in writing, between the Plan Administrator and Trustee, the Trustee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the applicable Agency Account or the Trust.

5.3 Contributions
Eligible Employees are not permitted to make contributions to the Trust. The Plan Administrator shall, on behalf of the Employer, make all contributions to the Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a contribution that is not in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust Agreement. The Trustee shall not have any duty to determine or inquire whether any contributions

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) to the Trust made to the Trustee by any Plan Administrator are in compliance with the Employer's Pension Plan or OPEB Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any Plan Administrator; nor shall the Trustee be responsible for the collection or adequacy of the contributions to meet an Employer's Pension Obligation or OPEB Obligation. The contributions received by the Trustee from each Employer shall be held and administered pursuant to the terms hereof without distinction between income and principal.

5.4 Records
(a) The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the Trust level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. The Trustee shall, at the direction of the Trust Administrator, submit such valuations, reports or other information as the Trust Administrator may reasonably require.
(b) The Assets of the Trust shall be valued at their fair market value on the date of valuation, as determined by the Trustee based upon such sources of information as it may deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as to valuation of assets which are not readily determinable on an established market. The Trustee may rely conclusively on such valuations provided by the Plan Administrator and shall be indemnified and held harmless by the Employer with respect to such reliance. If the Plan Administrator fails to provide such values, the Trustee may take whatever action it deems reasonable, including employment of attorneys, appraisers or other professionals, the expense of which will be an expense of administration of the Trust. Transactions in the account involving such hard to value assets may be postponed until appropriate valuations have been received and Trustee shall have no liability therefore.

5.5 Statements
(a) Periodically as specified, and within sixty days after December 31, or the end of the Trust's fiscal year if different, Trustee shall render to the Trust Administrator as directed, a written account showing in reasonable summary the investments, receipts, disbursements and other transactions engaged in by the Trustee during the preceding fiscal year or period with respect to the Trust. Such account shall set forth the assets and liabilities of the Trust valued as of the end of the accounting period.
(b) The Trust Administrator may approve such statements either by written notice or by failure to express objections to such statements by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Trust Administrator. Upon approval, the Trustee shall be released and discharged as to all matters and items set fmih in such statement as if such

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) account had been settled and allowed by a decree from a court of competent jurisdiction.

5.6 Wire Transfers
The Trustee shall follow the Plan Administrator's, Delegatee's, or Trust Administrator's wire transfer instructions in compliance with the written security procedures provided by the party providing the wire transfers. The Trustee shall perform a telephonic verification to the Plan Administrator, Trust Administrator, or Delegatee, or such other security procedure as selected by the party providing wire transfer directions, prior to wiring funds or following facsimile directions as Trustee may require. The Plan Administrator assumes the risk of delay of transfer if Trustee is unable to reach the Plan Administrator, or in the event of delay as a result of attempts to comply with any other security procedure selected by the directing party.

5. 7 Exclusive Benefit
The Assets of an Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same and shall not be used for or diverted to any other purpose. No party shall have authority to use or divert the Assets of an Agency Account of an Employer for the satisfaction of any other Employer's Pension Obligation or OPEB Obligation or any other Employer's expenses.

5.8 Delegation of Duties
The Plan Administrator, Delegatee, or Trust Administrator, may at any time retain the Trustee as its agent to perform any act, keep any records or accounts and make any computations that are required of the Plan Administrator, Delegatee or Trust Administrator by this Trust Agreement or by the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust Agreement.

5.9 Distributions
(a) The Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the OPEB Account to the insurers, third party administrators, service providers or other entities providing benefits or services under the OPEB Plan, or to Eligible Employees and Eligible Beneficiaries for reimbursement of OPEB Plan premiums (or other payments for OPEB Plan benefits) paid by the Eligible Employee or Eligible Beneficiary, or to the Employer for reimbursement of OPEB Plan benefits and expenses paid by the Employer, in such manner in such form(s), in such amounts and for such purposes as may be specified in such directions.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) (b) In addition, the Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the Pension Account directly to (i) the Qualified Trust as employer contributions, (ii) any insurers, third party administrators, service providers or other entities providing services in connection with determining the Employer's Pension Obligation, or (iii) the Employer as reimbursement for the Employer's payment of amounts described in this Section 5.9(b)(i) and (ii). (c) In no event shall the Trustee have any responsibility respecting the application of distributions from the Assets of the Trust, or for determining or inquiring into whether such distributions are in accordance with the Employer's OPEB Plan, Pension Plan, policies, or applicable collective bargaining agreements.

ARTICLE VI

FIDUCIARY RESPONSIBILITIES

6.1 More Than One Fiduciary Capacity
Any one or more of the fiduciaries with respect to the Trust Agreement or the Trust may, to the extent required thereby or as directed by the Plan Administrator pursuant to this Trust Agreement, serve in more than one fiduciary capacity with respect to the Trust Agreement and the Trust.

6.2 Fiduciary Discharge of Duties
Except as otherwise provided by applicable law, each fiduciary shall discharge such fiduciary's duties with respect to the Trust Agreement and the Trust:
(a) solely in the interest of the Eligible Employees and for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same; and (b) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims.

6.3 Limitations on Fiduciary Responsibility
To the extent allowed by the laws of the state of each Employer:

No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) No fiduciary shall be liable for a breach by another fiduciary except as provided bylaw.

No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate.

6.4 Indemnification of Trustee by Employer
The Trustee shall not be liable for, and Employer shall (to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section

6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Employers hannless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Employer's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.5 Indemnification of Employer by Trustee
The Employer shall not be liable for, and Trustee shall (to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section

6.8 of this Trust Agreement), and hold the Employer (including its officers, agents, employees and attorneys) and other Employers harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.6 Indemnification of Trustee by Trust Administrator
The Trustee shall not be liable for, and Trust Administrator shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.7 Indemnification of Trust Administrator by Trustee
The Trust Administrator shall not be liable for, and Trustee shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trust

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.8 Indemnification Procedures
Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel reasonably satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them.

The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent.

The indemnification procedures of this Trust Agreement shall survive the termination of the Trust, any Employer's participation in the Trust and/or this Trust Agreement.

6.9 No Joint and Several Liability
This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Employer shall be responsible for any contributions, costs or distributions of any other Employer.

ARTICLE VII

AMENDMENT, TERMINATION AND MERGER

7.1 No Contractual Obligation
An Employer's participation in the Trust does not create, and is not intended to create, any contractual obligation to Eligible Employees. Therefore, no Employer is contractually obligated to Eligible Employees solely due to its participation in

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) the Trust to continue providing benefits under its Pension Plan or OPEB Plan or to make contributions to the Trust.

7.2 Amendment of Trust
(a) The Trust Agreement may be amended only by the approval of two-thirds (2/3) or more of the Employers then participating in the Trust. Any such amendment by the Employers shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators not less than one hundred and eighty (180) days before the effective date of such amendment; provided, however, that any party may waive in writing such 180-day requirement with respect to any amendment (and such waiver shall not constitute a waiver with respect to any other amendment); and provided, further, that a waiver in writing of such 180-day requirement by twothirds (2/3) or more of the Plan Administrators of the Employers participating in the Trust as of the date the amendment is adopted shall constitute a waiver of such 180-day requirement by all of the Employers then participating in the Trust. In addition, the Trust Administrator or the Trustee shall have the right to amend this Trust Agreement from time to time (without the requirement of a vote of Employers) solely for the purpose of keeping the Trust Agreement in compliance with the Code and applicable state law. Any such amendment by the Trust Administrator or the Trustee shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators promptly as each is made.
(b) Any amendment of the Trust Agreement may be current, retroactive or prospective, provided, however, that no amendment shall:
(1) Cause the Assets of any Agency Account to be used for or diverted to purposes other than for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same.
(2) Permit the Assets of any Agency Account to be used for the benefit of any other Employer.

7.3 Termination of Employer's Obligation to Provide Pension Benefits or OPEB A termination of the Employer's obligation to provide benefits under the Employer's Pension Plan or OPEB Plan for which the Employer's Agency Account was established shall not, in itself, effect a termination of the Agency Account. Upon a termination of the Employer's obligation to provide benefits under its Pension Plan or OPEB Plan, the Assets of the Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.3. From and after the date of such termination and until final distribution of all Assets under the Employer's Agency Account, the Trustee shall continue to have all the powers

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan or OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.

7.4 Fund Recovery Based on Mistake of Fact
Except as hereinafter provided or in accordance with Section 7.3, the Assets of the Trust shall never inure to the benefit of the Employer. The Assets shall be held for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. However, in the case of a contribution which is made by an Employer because of a mistake of fact, that portion of the contribution relating to the mistake of fact ( exclusive of any earnings or losses attributable thereto) may be returned to the Employer, provided such return occurs within two (2) years after discovery by the Employer of the mistake. If any repayment is payable to the Employer, then, as a condition to such repayment, and only if requested by Trustee, the Employer shall execute, acknowledge and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless from all claims, actions, demands or liabilities arising in connection with such repayment.

7.5 Termination of Trust
(a) The Trust and this Trust Agreement may be terminated by the unanimous agreement of all Employers, which action must be in writing and delivered to the Trustee and Trust Administrator. Upon termination of the Trust under this Section

7.5(a), the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.5(a). From and after the date of such termination and until final distribution of all Assets under each Employer's Agency Account, the Trustee shall continue to have all the powers provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan and OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
(b) Contributions to the Trust are conditioned on initial qualification of the Trust under Section 115 of the Code. If the Trust receives an adverse determination with respect to its initial qualification, then the Trust and this Trust Agreement will automatically terminate without any action by any Employer or other parties. After such termination, the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be returned by the Trustee to the Employer as directed by the Plan Administrator in accordance with this Section

7.5(b) to the extent permitted by law and consistent with the requirements of Section 115 of the Code. This Section 7.5(b) will cease to apply upon the Trust's receipt of a favorable determination with respect to its initial qualification. ( c) The Trust and this Trust Agreement may be terminated only as described in this Section 7.5. In no case will the assets of the Trust be distributed on termination to an entity that is not a state, a political subdivision of a state or an entity the income of which is excluded from gross income under Section 115 of the Code.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

8.1 Non alienation
Eligible Employees do not have an interest in the Trust. Accordingly, the Trust shall not in any way be liable to attachment, garnishment, assignment or other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of an Eligible Employee or any other party.

Trust Assets shall not be subject to the claims of any Employer or the claims of its creditors.

8.2 Saving Clause
In the event any provision of this Trust Agreement is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust Agreement, but this instrument shall be construed and enforced as if said provision had never been included.

8.3 Applicable Law
This Trust Agreement and the Trust shall be construed, administered and governed under the Code and the law of the State of California. To the extent any Page23 of25

8.1.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) of the provrn10ns of this Trust Agreement are inconsistent with the Code or applicable state law, the provisions of the Code or state law shall control. In the event, however, that any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with the Trust Agreement being a tax-exempt trust within the meaning of the Code.

8.4 Joinder of Parties
In any action or other judicial proceedings affecting this Trust Agreement, it shall be necessary to join as parties only the Trustee, the Plan Administrator or Delegatee. No participant or other persons having an interest in the Trust or any Agency Account shall be entitled to any notice or service of process unless otherwise required by law. Any judgment entered in such a proceeding or action shall be binding on all persons claiming under this Trust Agreement; provided, however, that nothing in this Trust Agreement shall be construed as to deprive a participant of such participant's right to seek adjudication of such participant's rights under applicable law.

8.5 Employment of Counsel
The Trustee may consult with legal counsel (who may be counsel for the Trustee, the Trust Administrator or any Employer) with respect to the interpretation of this Agreement or the Trustee's duties hereunder or with respect to any legal proceedings or m1y questions of law and shall be entitled to take action or not to take action in good faith reliance on the advice of such counsel and charge the Trust and, as applicable, one or more Agency Accounts.

8.6 Gender and Number
Words used in the masculine, feminine or neuter gender shall each be deemed to refer to the other whenever the context so requires; and words used in the singular or plural number shall each be deemed to refer to the other whenever the context so reqmres.

8.7 Headings
Headings used in this Trust Agreement are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text.

8.8 Counterparts
This Trust Agreement may be executed in an original and any number of counterparts by the Plan Administrator (executing an Adoption Agreement), the Trust Administrator and the Trustee, each of which shall be deemed to be an original of the one and the same instrument.

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption Agreement), the Trustee and the Trust Administrator have executed this Trust Agreement by their duly authorized agents on the Effective Date.

U.S. BANK NATIONAL ASSOCIATION
::rustee" ~
Susan M. Hughes
Typed or printed name
Its: Vice President & Relationship Manager

PUBLIC AGENCY

RETIREMENT SERVICES
::ru~
Daniel Johnson
Typed or printed name
Its: President

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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) City of Pleasant Hill
Pension Rate Stabilization Program
(PRSP)
Funding Policy

8.1.c
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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 1 Purpose and Introduction
The purpose of this Pension Rate Stabilization Program (PRSP) Funding Policy (“Policy”) is to establish a methodology and a process for funding current and future costs associated with the City’s contractual obligations to provide pension benefits as set forth in the City’s labor agreements.

Adoption and Implementation
The City Council is responsible for adopting the Pension Rate Stabilization Program (PRSP) and for approving any significant revision. The designated Plan Administrators are responsible for developing administrative procedures, as needed, to implement the Policy. In this role, the Plan Administrators are authorized to make minor administrative changes in the Policy as long as they are intended to carry out the purpose of this Policy and will not have any significant policy impact. The City Council will review and approve this policy via resolution, as needed, to ensure it meets the current and future needs of the City.

Initial Set Up
The City shall establish an Internal Revenue Service Code Section 115 approved irrevocable trust to achieve a higher rate of return on investments than that earned in LAIF.

Once the City transfers funds into such a trust, they can only be utilized for payment of employee pension costs.

The following outlines the governance and administration of the proposed Trust:

City Council has the authority to establish the Trust and define policies for the administration of the Trust funds.

The Plan Administrator will have overall responsibility for the Trust funds and will develop and manage procedures in accordance with the City Council’s adopted policies. The City Council will designate the City Treasurer and the Finance Manager as the Plan Administrators.

Trust Administrator, Public Agency Retirement Services (PARS), keeps plan documents current to ensure that they reflect the substantive plan and provides ongoing consulting, reporting and plan accounting records.

Trustee, currently US Bank, will be the plan’s trustee and custodian and will safeguard the assets in the Trust, hold the investment securities for safekeeping and make disbursements on request.

8.1.c
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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 2 Investment Manager, currently Highmark Capital Management, will recommend investment portfolio allocations based upon the Pension Trust Funds’ adopted investment policies and manage those assets accordingly.

Trust Administrator
PARS has established a multiemployer irrevocable trust in compliance with the requirements of Section 115 of the Internal Revenue Code. While it is a multi-employer trust, each employer’s contributions benefit only its own employees. There is no sharing of either liability or investment earnings, and separate employer accounts are maintained.

PARS serves as the administrator of the Trust.

Trustee
Any contributions made to the program are held and invested by a trustee. The trustee duties include:

1. Safeguarding assets for the benefit of retirees;

2. Providing oversight protection of the investments;

3. Custodian of the assets; and

4. Disbursing funds to pay for pension costs.

Investment Manager
Investment Manager assists the City with selecting investment strategy depending on what rate of return the City expects to earn and level of risk tolerance the City is willing to take. Investment Manager provides annual review of the investment portfolio and asset allocation as well as takes on fiduciary responsibility for the City’s pension asset management.

Asset Allocation Investment Strategy
PARS provides flexibility to the City in the selection of the investment strategy for its funds in the Trust, giving the City control on target yield and level of risk on its investments. The City has the ability to select one of five Investment Options that best suits its desired or expected return on its investments in the Trust. Each Investment Option allocates the assets in varying investment combinations of equity, fixed income, and cash. With each Investment Option, as the expected rate of return increases, so does the assumed risk.

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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 3 The Asset Allocation Strategies and the corresponding Investment Options currently available are:

Equity Fixed Income Cash
Conservative 5% - 20% 60% - 95% 0% - 20%
Moderately Conservative 20% - 40% 50% - 80% 0% - 20%
Moderate 40% - 60% 40% - 60% 0% - 20%
Balanced 50% - 70% 30% - 50% 0% - 20%
Capital Appreciation 65% - 85% 10% - 30% 0% - 20%
The City Council will select the most appropriate investment option in the Trust.

This Policy recognizes that there will be investment market place volatility and that actual economic and demographic experience will differ from assumed experience. Accordingly, this Policy is intended to provide flexibility to smooth such volatility and experience in a reasonable, systematic and financially sound manner.

Contributions
To begin the funding of the Trust, the City will make a one-time contribution of $1.0 million to the Trust utilizing General Fund resources.

The City will consider making additional contributions to the Trust based on the net position of the General Fund recommended by the City Manager and Finance Manager. The amount will be based on unassigned General Fund Balance when revenues exceed costs (not including Measure K funds) in the audited financial statements. The contribution amount will be based on the annual excess audited unassigned General Fund Balance (not including Measure K). The recommended contribution amount will be based on the higher of 10% or $50,000 of the excess unassigned General Fund Balance.

Withdrawals
In order to establish a procedure for withdrawals of the funds:
a. City Manager will make recommendations to City Council during the budget process.
b. If needed immediately, City Manager will bring City Council Agenda Item for approval.

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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __-22 APPROVING AN UPDATED

GENERAL FUND RESERVE POLICY

SYNOPSIS
The City first established a General Fund reserve in 2002 to ensure that the City had adequate financial resources to maintain basic municipal services in the event of a significant revenue shortfall or unanticipated expenditure. Since then, the City has periodically reviewed and modified its General Fund reserve, as expressed in the General Fund Reserve Policy, to respond to changing circumstances. City staff is updating the General Fund Reserve Policy to include the Pension Rate Stabilization Reserve with the intent to deposit funds into the Section 115 Pension PARS Trust.

Staff is requesting the City Council adopt the proposed resolution to update the General Fund Reserve Policy as recommended by the Budget Committee.

DISCUSSION
Background
Definition of Fund Balance
The City and all other public agencies account for their financial assets and liabilities using a system called governmental fund accounting, which is required by the Governmental Accounting Standards Board (GASB). A fund is an account established to keep track of all of the assets and liabilities related to a particular City activity or program. The General Fund is the fund that receives all of the City’s general tax revenues (e.g., sales tax, property tax, etc.) and from which the majority of the City’s expenditures are paid. Resources in the General Fund can be expended for many different purposes. At any given time, all funds, including the General Fund, have a fund balance, which is simply the difference between all of the assets and liabilities in the fund. Fund balance can contain several components which are summarized below:
a. Restricted – consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation. b. Committed – consists of amounts that are subject to a purpose constraint imposed by a

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formal action of the government’s highest level of decision-making authority before the end of the fiscal year, and that require the same level of formal action to remove the constraint.
c. Assigned – consists of amounts that are subject to a purpose constraint that represents an intended use established by the government’s highest level of decision-making authority, or by their designated body or official. The purpose of the assignment must be narrower than the purpose of the general fund, and in funds other than the general fund. Assigned fund balance represents the residual amount of fund balance. d. Unassigned – represents the residual classification for the government’s general fund, and could report a surplus or deficit. In funds other than the general fund, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted, committed, or assigned.

The current General Fund Reserve is classified as Assigned Fund Balance in the financial statements since the reserve is set by City Council through an approved resolution.

General Fund Reserve History
The City Council first created a General Fund reserve in 2002 (Resolution No. 44-02) when it directed that a portion of unrestricted General Fund balance be set aside for cash flow, revenue shortfalls, natural or manmade calamities, and unanticipated expenditures. The reserve was initially set at $5.0 million beginning on July 1, 2002. The Council modified the reserve in 2003 (Resolution No. 54-03) by increasing it to $8.0 million and directing that the reserve increase by 2% every July 1st thereafter. The City again modified the reserve in 2006 (Resolution No. 35-06) by specifying that $6.0 million be used for cash flow (working capital) and $2.3 million held for unforeseen emergencies, and by removing the direction to increase the reserve annually. In 2014, the City updated the reserve (Resolution No. 31-14) when it established a General Fund Reserve Policy that required a Reserve for Working Capital - $5 million, Reserve for Economic Uncertainty - $2 million, Reserve for Catastrophic Event - $1 million, and a Reserve for Umpqua Bank Loan - $890,000. The City most recently updated the reserve in 2019 (Resolution No. 9-19) by requiring a $10 million reserve (Reserve for Working Capital of $5 million and Reserve for Budget Stabilization of $5 million).

Analysis
Public Agency Retirement Services (PARS) Section 115 Pension Trust The Budget Committee and staff have been working on establishing a Section 115 Pension Trust with PARS. This would be a new tool to the City to assist in prefunding pension liabilities. The benefits for the City to prefund through a Section 115 Trust are the following:
a. Complete Local Control over Assets – City has complete control over assets, including contributions, disbursements and the timing, amount, and risk tolerance level of investments
b. Pension Rate Stabilization – Assets can be transferred to the retirement system at the City’s

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direction, potentially reducing fluctuations in employer contribution amounts c. Rainy Day Fund – Can be an emergency source of funds when employer revenues are strained in difficult budgetary or economic times since the trust can be used for ongoing pension costs
d. Diversification – Allows for flexibility and offers the potential for assets to earn greater returns than the General Fund; spread the risk vs. sending additional money to CalPERS The Budget Committee recommended modifying the General Fund Reserve Policy to initially fund the Section 115 Trust at $1 million along with a policy on future contributions and withdrawals.

The Section 115 Trust would earn interest income over the years and could provide assistance to fund pension costs. This amendment establishes the Reserve for the Pension Rate Stabilization with the initial contribution and would hopefully increase in value as interest income is earned.

Also, the funds in the trust are legally restricted for pension costs and would be treated as “Restricted General Fund Balance.” Finally, the Section 115 Trust serves as a mechanism to assist in pre-funding pension costs but one of the advantages is that the fund could still be used in a fiscal emergency as defined above as part of the “Rainy Day Fund” description.

The revised General Fund Reserve Policy would consist of the following:
a. $5 million Reserve for Working Capital
b. $4 million Reserve for Budget Stabilization
c. $1 million initial contribution to the Reserve for Pension Rate Stabilization (amount will change over time due to interest income, market value of the portfolio, and/or contributions to the trust)

FISCAL IMPACT
The fiscal impact is the amendment to reclassify and deposit $1 million into the Section 115 Trust.

If necessary, these funds can be used for pension related costs at any time.

PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, in the City Clerk’s office, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page and are available in the City Clerk’s Office.

RECOMMENDED CITY COUNCIL ACTION
Adopt a resolution approving the proposed updated General Fund Reserve Policy as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the resolution updating the General Fund Reserve Policy and provide direction to staff.

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ATTACHMENT(S):

Proposed Resolution
Exhibit 1: General Fund Reserve Policy
Prepared by: Erick Cheung
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

ADOPTING AN UPDATED GENERAL FUND RESERVE POLICY
WHEREAS, the City Council first established a General Fund reserve in 2002 to ensure that the City had adequate financial resources to maintain basic municipal services in the event of a significant revenue shortfall or unanticipated expenditure; and WHEREAS, since then, the City has periodically reviewed and modified its General Fund reserve, as expressed in the General Fund Reserve Policy, to respond to changing circumstances; and
WHEREAS, City is establishing a Section 115 Trust with an initial contribution of $1 million to assist in prefunding pension liability which can also be used as a contingency reserve; and
WHEREAS, the Budget Committee recommended updating the General Fund Reserve Policy to incorporate the a Reserve for Pension Rate Stabilization, as expressed in the General Fund Reserve Policy attached hereto as Exhibit 1; and
WHEREAS, the Budget Committee, at its meeting of April 6, 2022, approved the update proposed by staff and forwarded it to the City Council with a recommendation to approve.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that the General Fund Reserve Policy attached as Exhibit 1 is hereby approved and shall be implemented by City staff.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (General Fund Reserve Policy Update)

CITY OF PLEASANT HILL

GENERAL FUND RESERVE POLICY
EFFECTIVE APRIL 2022

INTRODUCTION
This General Fund Reserve Policy (" Policy" or "Reserve Policy") of the City of Pleasant Hill has been designed in accordance with guidelines of the Government Finance Officers Association (GFOA) and all applicable laws.

PURPOSE
The purpose of the General Fund Reserve Policy is to ensure that the City maintains adequate financial resources to continue to provide basic municipal services in the event of a significant revenue shortfall or unanticipated expenditure.

DEFINITION
The City shall establish a separate account in the financial system to reserve funds intended to meet the purpose above. This account and the funds contained therein shall be referred to as the General Fund reserve.

RESERVE LEVELS AND INITIAL FUNDING
The City's General Fund reserve shall contain a Reserve for Working Capital, Budget Stabilization Reserve and a Pension Rate Stabilization Reserve. This policy establishes that the City shall endeavor to hold $5 million in the Reserve for Working Capital, $4 million in the Budget Stabilization Reserve, and a Pension Rate Stabilization Reserve with an initial deposit of $1 million. Upon approval of this Policy, the City shall maintain a General Fund reserve of $5 million for the Reserve for Working Capital and $4 million for the Budget Stabilization Reserve. The Reserves for Working Capital and Budget Stabilization are considered assigned fund balances, and the Pension Rate Stabilization Reserve is considered restricted fund balance for the purpose of financial reporting per the standards of Generally Accepted Accounting Principles (GAAP).

AUTHORITY OVER AND USE OF RESERVES
Funds held in the Budget Stabilization Reserve can only be appropriated by a majority vote of the Council to address exceptional circumstances specifically related to a significant revenue shortfall, unanticipated expenditure, or other budget stabilization issue. Funds in the Reserve for Working Capital may not be appropriated for expenditure, as the specific purpose of these funds is to be retained to ensure adequate liquidity for the City's normal financial transactions. Funds for the Pension Rate Stabilization Reserve can only be appropriated for pension related costs. Please refer to the Pension Rate Stabilization Program Funding and Withdrawal Policy for additional information.

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Attachment: Exhibit 1 - General Fund Reserve Policy (General Fund Reserve Policy Update)

REPLENISHMENT OF RESERVES
If the reserve funds are appropriated and expended, the City Council will endeavor to replenish them to the full amounts noted above as part of the adoption of the subsequent biennial budget, if not sooner.

POLICY REVIEW
This Policy shall be reviewed by the City Council periodically to ensure its consistency with current law and the City's current needs.

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Attachment: Exhibit 1 - General Fund Reserve Policy (General Fund Reserve Policy Update)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___ - 22 APPROVING AMENDMENTS TO THE ANNUAL BUDGET FOR FISCAL YEAR 2021/22 TO

APPROPRIATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS AND
ELECT THE STANDARD ALLOWANCE ALLOWED BY THE U.S.

TREASURY FOR THE REVENUE LOSS CATEGORY

SYNOPSIS
The City of Pleasant Hill received an allocation of $8.3 million through the American Rescue Plan Act (ARPA). ARPA is administered by the United States Department of Treasury (U.S.

Treasury) and has recently updated guidance on allowable expenditures and required reporting that the City needs to complete by April 30, 2022. The Budget Committee recommended the City Council be provided an update on ARPA and provide direction to staff.

DISCUSSION
Background
On March 11, 2021, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law a $1.9 trillion stimulus bill to assist with the impacts of COVID-19. Among other things, ARPA established a State and Local Fiscal Recovery Fund which provides $130 billion for local governments to enable them to continue to support the public health response and assist with economic recovery. The City of Pleasant Hill’s received an ARPA allocation for $8.3 million, which is paid in two tranches. The City received the first tranche last July for $4.17 million and the second funding tranche is expected in July 2022. Eligible costs must be expended between March 3, 2021 and December 31, 2026, and obligated by December 31, 2024.

On May 17, 2021, the U.S. Treasury initially released the Interim Final Rule (IFR) which provided preliminary guidance on expenditures to assist with the following needs by public and government agencies:

1. Support urgent COVID-19 response to decrease the spread of the virus and bring the pandemic under control

2. Replace lost public sector revenue

3. Support immediate economic stabilization for households and businesses

4. Address systemic public health and economic challenges

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The U.S. Treasury initially planned to receive feedback from agencies and stakeholders from across the county and amend the plan a few months later with the “Final Rule.” The Final Rule was delayed after receipt of over 1,500 questions/comments, hundreds of stakeholder meetings, and correspondence from various government agencies.

On January 6, 2022, the U.S. Treasury issued the Final Rule containing the major provisions for use and reporting of Coronavirus State & Local Fiscal Recovery Funds (aka ARPA funds). The Final Rule addresses many of the concerns communities raised with the Interim Final Rule and increased the flexibility for local governments while simplifying the program. The Final Rule took effect on April 1, 2022 and allows funds to be used consistent with the Final Rule prior to that date. A summary of the major provisions follow:
• Replacing Lost Revenue - The final rule offers a one-time standard allowance election for revenue loss of up to $10 million, enabling the City to select to use the full allocation for government services (defined as services traditionally provided by the recipient government agency) with streamlined reporting requirements. • Public Health and Economic Impacts - The final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. The set of households and communities that are presumed to be impacted by the pandemic as well as the set of uses was also expanded. The final rule also allows for a broader set of uses to restore and support government employment. • Premium Pay - The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.
• Water, Sewer & Broadband Infrastructure - The final rule significantly broadens eligible broadband infrastructure investments and adds additional eligible water and sewer infrastructure investments.

On February 28, 2022, the U.S. Treasury released “Compliance and Reporting Guidance” to local agencies. They informed municipalities that additional information would be coming for agencies that are considered “Non-Entitlement Units” (NEU). NEUs are defined as municipalities with a population less than 50,000 people. The ARPA funding for NEUs were sent to the respective states to allocate based on population compared to non-NEUs which received the funding directly from the U.S. Treasury.

On March 21, 2022, the U.S. Treasury provided an update for NEUs and outlined what would be required to be reported on or before the first reporting deadline of April 30, 2022.

ARPA Past Activities
The City submitted the required documentation to the State of California last summer to receive the initial first tranche of ARPA funds. The funds were deposited into a new fund in the financial system to easily track revenues and expenditures. Staff has held eight public meetings

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with the Budget Committee to keep them appraised of all the updates from the U.S. Treasury since May 2021. City Council has proceeded with the following recommendations from the Budget Committee:

1. $0.2 million on 6/21/21 – Audio Visual & Broadcast System in Council Chambers

2. $1.5 million on 10/4/2021 – Gregory Garden Storm Drain Project

3. $0.5 million on 11/1/2021 – Business Grants and Assistance (i.e. Gift Card Program) ARPA Analysis
The U.S. Treasury has now released the Final Rule and the reporting compliance requirements that the City will need to complete by April 30, 2022. The Budget Committee and staff wanted to provide the City Council an update on the ARPA activities and request approval of the following items:

1. Elect the $10 million Standard Allowance Revenue Loss Category since the City is receiving less than the standard allowance. This selection will simplify the reporting and administrative requirements by the City.

2. Approve an appropriation and transfer of up to $0.25 million for expenses incurred for safety. The majority of the expenses are for additional cleaning required of City facilities and police vehicles and supplies from masks to COVID-19 tests.

One other item has been reviewed and recommended by the Budget Committee and will be coming to City Council in the near future. Allocation of $0.35 million for costs related to Digital Documentation Accessibility Project. This project will allow easier access to staff and the public to search and find files electronically.

FISCAL IMPACT
Appropriate and transfer up to $250,000 of ARPA funds to reimburse the City for safety expenditures otherwise these funds would need to be covered by the City’s General Fund.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution as recommended by the Budget Committee at their meeting of April 6th.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to adopt the proposed resolution that would add additional costs and administration to track ARPA funds. Also, the project and safety costs would need to be funded by the General Fund.

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Prepared by: Erick Cheung, Finance Manager
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADOPTING AMENDMENTS TO THE ANNUAL BUDGET FOR FISCAL YEAR 2021/22 TO APPROPRIATE $250,000 IN ARPA FUNDS FOR SAFETY RELATED EXPENSES AND

SELECT THE REVENUE LOSS STANDARD ALLOWANCE ALLOWED BY ARPA WHEREAS, the City Council adopted the FY 2021/22 budget on June 22, 2021; and WHEREAS, the City of Pleasant Hill received an allocation for $8,334,229 in American Rescue Plan Act 2021 (ARPA) funds; and
WHEREAS, the City of Pleasant Hill received the first half of the allocation for $4,167,115 and deposited it into a new fund (ARPA Fund) in the financial system for tracking of revenues and expenditures; and
WHEREAS, the City Council has approved three allocations of ARPA funds for the Gregory Garden Strom Drain Project for $1,500,000, Audio Visual & Broadcast System in Council Chambers for $145,951, and Business Grants and Assistance for $500,000; and WHEREAS, on January 6, 2022 the U.S. Department of the Treasury issued the Final rule containing the major provisions for the use and reporting of the Coronavirus State & Local Fiscal Recovery Funds, and for small business grants and other programs that benefit small businesses; and
WHEREAS, the Final Rule offers a standard allowance for revenue loss of up to $10 million, enabling the City to select to use the full award for government services with streamlined reporting requirements; and
WHEREAS, the City of Pleasant Hill continues to incur costs related to COVID-19 safety items from cleaning of city facilities and vehicles, safety supplies, and COVID-19 testing kits; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that a $250,000 budget adjustment for FY 2021/22 is hereby adopted for safety related expenses and eligible for transfer from the ARPA Fund to the General Fund for actual costs incurred; and BE IT FURTHER RESOLVED that the City Council herby authorizes staff to select the standard allowance for revenue loss up to the City’s allocation of $8,334,229.

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Packet Pg. 100 Attachment: Proposed Resolution (ARPA Update) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.3.a
Packet Pg. 101 Attachment: Proposed Resolution (ARPA Update)

CITY COUNCIL STAFF REPORT
Meeting Date: April 18, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: CONDUCT A DISCUSSION ON CITY OF PLEASANT HILL
TELECONFERENCED PUBLIC MEETINGS AND RETURNING TO INPERSON MEETINGS

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. On October 4, 2021, the City Council adopted Resolution No. 63-21 approving continued teleconferencing of the meetings of all of the City’s legislative bodies pursuant to the provisions of AB 361; since then, the City Council has continuously affirmed the resolution within the 30-day deadline to continue teleconferencing under AB 361. The City Council most recently adopted Resolution No.19-22 approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.

The City Council has asked to discuss and consider the safety and procedural issues involved in continuing to hold teleconferenced meetings or returning to in-person meetings.

DISCUSSION
AB 361 temporarily authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting during: 1) a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.

The State of California emergency declaration regarding COVID-19 remains in effect, and both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing, to help stop the spread of COVID-19. Contra Costa Health Services

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(CCHS) continues to strongly recommend teleconferencing since online meetings present the lowest risk of spreading the coronavirus.1If in-person meetings are held, CCHS recommends the following:
 Offer hybrid meetings whenever possible. Offering telephone or online options give those at higher risk of and/or higher concern about COVID-19 the opportunity to attend the meeting remotely.
 Develop and follow a written safety protocol.
 Require social distancing – room layouts should allow everyone (elected, staff and members of the public) to easily maintain at least a six-foot distance from one another at all practicable times.
 Require face masking of all attendees.
 Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces.  Consider symptom checks – this may screen out individuals with other COVID-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
 Consider a voluntary attendance sheet with names and contact information to assist in contact tracing any cases linked to a public meeting.

Even though CCHS continues to recommend fully virtual meetings, the Council could decide to not adopt an AB 361 resolution. This would mean that all public meetings, including council meetings and meetings of the City’s boards, commissions and committees, would need to be held in-person and under the non-emergency Brown Act provisions.

Should the City Council desire to continue to conduct fully virtual or hybrid (meaning partially inperson and partially virtual) meetings, it must adopt an AB 361 resolution making specific findings in support of continuing teleconferenced/hybrid meetings every 30 days. Adoption of an AB 361 resolution allows for the needed flexibility to ensure all of the City’s public meetings are held in a safe manner. Pursuant to AB 361, the legislative body must make findings by majority vote on the circumstances of the applicable state of emergency and find that the state of emergency continues to directly impact the ability of its members to safely meet in person, State or local officials continue to impose or recommend measures to promote social distancing, and available meeting facilities may not allow for social distancing such that in-person meetings could occur. A teleconferenced/hybrid meeting also allows any member or multiple members of any of the legislative bodies to participate remotely.

Staff therefore seeks City Council discussion and direction on the preferred format for City Council and City commission, board, and committee meetings (fully virtual, hybrid, or in-person only) and provide direction to staff. If the Council directs staff to bring back an appropriate AB 361 resolution, consideration of this resolution will be placed on the May 2nd City Council meeting.

1 https://cchealth.org/covid19/pdf/recommendations-for-safe-public-meetings.pdf.

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FISCAL IMPACT
There is no anticipated fiscal impact.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Discuss and provide direction to staff.

ATTACHMENT(S):

None
Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Man

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