Agenda packet — San Luis Obispo City Council, October 15, 2024 (part 1 of 4)

City Council
AGENDA

Tuesday, October 15, 2024, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council meetings may be viewed remotely on Channel 20, the City’s YouTube Channel, and on the City’s website under the Public Meeting Agendas web page. Attendees of City Council or Advisory Body meetings are eligible to receive one hour of complimentary parking; restrictions apply, visit Parking for Public Meetings for more details.

INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline may not be processed until the following day.

Public Comment during the meeting:

Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location.

Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation must provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.

Pages

1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Andy Pease will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a ARBOR DAY PROCLAMATION
Mayor Erica A. Stewart will present a proclamation declaring November 2 as "Arbor Day" to Walter Gault on behalf of the City's Community Development Department.

3.b CITY MANAGER REPORT
Receive a brief report from City Manager Whitney McDonald.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.

5. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 5a to 5k.

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - OCTOBER 1, 2024 COUNCIL MINUTES 11 Recommendation:

Approve the minutes of the City Council meeting held on October 1, 2024.

5.c UPDATE TO TRIP REDUCTION INCENTIVE PROGRAM 19
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Trip Reduction Incentive Program,” effective January 1, 2025.

5.d CONSIDERATION OF A RESOLUTION ALLOWING PREVIOUSLY

CONTRIBUTING EMPLOYEES TO CONTINUE PARTICIPATING IN

THE FIRE RETIREE MEDICAL TRUST
33 Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, allowing previously contributing employees to continue participating in the Retiree Medical Trust through the Peace Officers Research Association of California.”

5.e AUTHORIZATION TO ADVERTISE MILL STREET SEWER
REPLACEMENT PROJECT, SPECIFICATION NO. 2000561
119
Recommendation:

Approve the project plans and specifications for Mill Street Sewer Replacement, Specification Number 2000561; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $2,400,000; and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to
$200,000.

4. 5.f CONSIDERATION OF A RESOLUTION OF INTENTION TO ABANDON

PORTIONS OF SLACK STREET TO ACCOMMODATE CAL POLY

FACULTY AND STAFF HOUSING, AS WELL AS CONSIDERATION

OF A DETACHMENT TO ADJUST CITY LIMIT BOUNDARIES NEAR
CAL POLY (STAB-0038-2024, ANNX-0219-2024)
225
Recommendation:

Adopt a Draft Resolution of Intention entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to abandon portions of Slack Street, which is proposed to accommodate Cal Poly faculty and staff housing, as well as future consideration of a detachment to adjust city limit boundaries near Cal Poly (STAB-0038-2024, ANNX-0219- 2024)”, and set a public hearing for November 12, 2024, to consider a Resolution of Abandonment and Detachment.

5.g FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
2428 PHASE 3 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE
MALVA
259
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, accepting the completed Public Improvements for Tract 2428 Phase 3; certifying the completed Private Subdivision Improvements for Tract 2428 Phase 3; releasing the securities for the completed portions of Tract 2428 Phase 3; and authorizing the Director of Public Works to release the remaining securities once all Tract 2428 Phase 3 improvements are deemed complete.”

5.h AUTHORIZATION TO RECLASSIFY ENGINEERING MANAGEMENT

CLASSIFICATIONS
307
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing an amendment to the FY 2024-25 Budget Appropriation to fund compensation changes to the Engineering Management Classifications and adopt a revised Regular and Contract Employee Salary Schedule.”

5.i AUTHORIZE WASTEWATER IMPACT FEE FUNDS AND EXECUTION

OF A CONTRACT CHANGE ORDER FOR THE BUCKLEY SEWER

LIFT STATION
321
Recommendation:

Authorize Wastewater Impact Fee Funds in the amount of
$281,358.15 to reimburse Wathen Castanos Homes for the
construction of the Buckley Lift Station; and

1. Authorize the Utilities Director and City Engineer to execute a Contract Change Order One (CCO#1) in the amount of
$281,358.15 with Wathen Castanos Homes for construction modifications made to the Buckley Lift Station.

2. 5.j ADVISORY BODY APPOINTMENT – MASS TRANSPORTATION

COMMITTEE, ASSOCIATED STUDENTS INCORPORATED (ASI)

REPRESENTATIVE
485
Recommendation:

Confirm the appointment of Emily McBride as the ASI Representative on the Mass Transportation Committee (MTC), to fill an unscheduled vacancy with a term ending August 31, 2026.

5.k APPROVE THE REVISED SCHEDULE OF CITY COUNCIL MEETINGS FOR 2024
489
Recommendation:

Approve reinstating and rescheduling the Regular City Council meeting on December 17 to December 10, 2024, as shown on the revised 2024 Regular City Council Meeting Calendar.

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT (Estimated Time: 30 Minutes)
495
Recommendation:

Conduct a public hearing to receive testimony regarding the City Council’s intention to continue the San Luis Obispo Tourism Business Improvement District and determine whether a legally sufficient protest is made; and

1. If no legally sufficient protest is made, adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the basis for and the levy of the assessment for the San Luis Obispo Tourism Business
Improvement District and affirming the establishment of the District.”

2. 6.b REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S

DECISION TO APPROVE A CONDITIONAL USE PERMIT TO
ESTABLISH A FRATERNITY (USE-0331-2023, APPL-0365-2024)
(Estimated Time: 60 Minutes)
515
Council Member Marx declared a conflict on this item. (Due to she is part of RQN)
Recommendation:

Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal and upholding the Planning Commission’s decision to approve a Conditional Use Permit to establish a fraternity for up to 24 residents at 1264 and 1264 ½ East Foothill Boulevard and 1241, 1243, 1249, and 1251 Monte Vista Place. The project includes a request to provide two (2) parking spaces in tandem on an existing driveway along East Foothill Boulevard. The project is exempt from environmental review under Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines as represented in the council agenda report and attachments dated October 15, 2024 (USE-0331-2023, APPL-0365-2024).”

7. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
Per Council direction at the August 27th Special Meeting, for the September 17, October 1, and October 15 City Council Meetings, Liaison Reports will be heard after the City Manager Report.

Mayor Stewart
• City/University Quarterly Meeting
• Regional Economic Action Coalition (REACH)
City Selection Committee (Only meets once a year in January or February)
•
• Performing Arts Center Commission
• Visit SLO County Advisory Committee
• Whale Rock Commission (Only meets once a year in May) Vice Mayor Pease
• Downtown Association Board
• County Water Resources Advisory Committee (WRAC)
• San Luis Obispo Council of Government (SLOCOG)
• San Luis Obispo Regional Transit Authority (SLORTA)
Council Member Francis
• Cal Poly Campus Planning Committee
• Community Action Partnership
• Local Agency Formation Commission (LAFCO)
• Nacimiento Water Project
Council Member Marx
• Air Pollution Control District (APCD)
• Integrated Waste Management Authority (IWMA)
• Airport Land Use
• Central Coast Clean Energy (3CE)
Council Member Shoresman
• California Men's Colony Citizens Advisory Committee
• Homeless Services Oversight Committee (HSOC)
• Zone 9 Advisory Committee
• SLO Climate Coalition Liaison

8. ADJOURNMENT
The next Regular Meeting of the City Council has been rescheduled to November 12, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo. Council approved rescheduling the November 5th Regular Meeting on November 14, 2023, during their annual review of the 2024 Council Meeting Calendar.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council meetings are televised live on Charter Channel 20 and the City's YouTube Channel: www.youtube.com/CityofSanLuisObispo. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
October 1, 2024, 5:30 p.m.

Council Chambers, 990 Palm Street, San Luis Obispo
Council Members

Present:

Council Member Jan Marx, Council Member Michelle
Shoresman, Vice Mayor Andy Pease, Mayor Erica A. Stewart Council Members

Absent:

Council Member Emily Francis
City Staff Present: Interim City Manager Whitney McDonald, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CLOSED SESSION (4:30 - 5:30 PM)

1.a CALL TO ORDER
Mayor Erica A. Stewart called the Closed Session to order at 4:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.

As published on the agenda, Council Member Francis attended the Closed Session virtually due to illness.

1.b PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
Public Comments:

None
---End of Public Comment---

1.c PUBLIC EMPLOYEE PERFORMANCE EVALUATION - GOALS
Action: Mayor Stewart indicated that no reportable action was taken on this item.

1.d ADJOURNMENT
The Closed Session adjourned at 5:40 p.m. Council Member Francis left the meeting.

Page 11 of 566 ends

2 2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on October 1, 2024 at 5:45 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart. Council Member Francis was absent for the Regular Meeting.

3. PLEDGE OF ALLEGIANCE
Council Member Michelle Shoresman led the Council in the Pledge of Allegiance.

4. PRESENTATIONS

4.a DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION
Mayor Stewart presented a proclamation declaring October as "Domestic Violence Awareness Month" to Jill LeMieux on behalf of Lumina Alliance.

4.b FIRE PREVENTION MONTH PROCLAMATION
Mayor Erica A. Stewart presented a proclamation declaring the month of October as "Fire Prevention Month" to Fire Chief Todd Tuggle on behalf of the San Luis Obispo Fire Department.

4.c NATIONAL CYBERSECURITY AWARENESS MONTH PROCLAMATION Mayor Erica A. Stewart presented a proclamation declaring the month of October as "National Cybersecurity Awareness Month" to Interim Assistant City Manager Greg Hermann on behalf of the City's Information and Technology Department.

4.d CAL POLY ENROLLMENT/HOUSING PRESENTATION
The City Council received an update on enrollment and housing from Courtney Kienow, Director of Community Relations and Economic Development; Terrance Harris, Vice President of Strategic Enrollment Management; Joe Campbell, Associate Vice President for Student Affairs; and Mike McCormick, Vice President of Facilities Management & Development.

4.e CITY MANAGER REPORT
City Manager Whitney McDonald provided a report on upcoming projects.

5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

Felicia
--End of Public Comment--

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3 6. CONSENT AGENDA
Council Member Shoresman requested that Item 6e be pulled from the Consent agenda for discussion.

Public Comments:

Fred Kelley - Item 6d
---End of Public Comment---
Motion By Vice Mayor Pease
Second By Council Member Shoresman
To approve Consent Calendar Items 6a to 6d and 6g to 6h. Item 6f was removed from the agenda prior to the meeting.

Ayes (4): Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
Absent (1): Council Member Francis
CARRIED (4 to 0)

6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

6.b MINUTES REVIEW - SEPTEMBER 17, 2024 COUNCIL MINUTES Approve the minutes of the City Council meeting held on September 17, 2024.

6.c SECOND READING AND ADOPTION OF ORDINANCE NO. 1740 (2024 SERIES) APPROVING AN AMENDMENT TO TABLE 2-1 IN TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE WITH APPROVAL

OF CONDITIONAL USE PERMIT
Adopt Ordinance No. 1740 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving amendments to Table 2-1 (Uses Allowed by Zone) in Title 17 (Zoning Regulations) to allow Cannabis Retail Storefronts to conduct retail sales by delivery with approval of a Conditional Use Permit or by amendment to an existing Conditional Use Permit. The project is exempt from environmental review (CEQA) (CODE-0401-2024).”

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4 6.d APPROVE A MILLS ACT HISTORICAL PROPERTY PRESERVATION AGREEMENT FOR THE SNYDER HOUSE AT 1406 MORRO STREET
(HIST-0386-2024)
As recommended by the Cultural Heritage Committee, adopt Resolution No. 11522 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Historic Property Preservation Agreement between the City and the owner of the Snyder House at 1406 Morro Street (Application No. HIST-0386-2024).”

6.f AMENDMENT TO COMMUNITY WORKFORCE AGREEMENT FOR

PRADO ROAD INTERCHANGE AND PUBLIC SAFETY CENTER

PROJECTS
This item was pulled by staff and continued to a date uncertain.

6.g SECOND READING AND ADOPTION OF ORDINANCE NO. 1741 (2024

SERIES) TO AMEND QUALIFICATION FOR CONSTRUCTION BOARD

OF APPEALS
Adopt Ordinance No. 1741 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Section

15.04.020, Subsection N, of the San Luis Obispo Municipal Code,” which will remove the local requirement to maintain an Accessibility Board of Appeals pursuant to Health and Safety Code 19957.5.

6.h SECOND READING AND ADOPTION OF ORDINANCE NO. 1742 (2024

SERIES) TO ESTABLISH AN IMPACT FEE DEFERRAL PROGRAM FOR

ELIGIBLE AFFORDABLE FOR-RENT RESIDENTIAL PROJECTS
Adopt Ordinance No. 1742 (2024 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending section

4.56.050 (Payment of Fees) of the Municipal Code to establish a development impact fee deferral program for eligible affordable housing projects.”
Item 6e pulled by Council Member Shoresman

6.e AMENDMENT NO. 1 TO GRANT AGREEMENT WITH SAN LUIS

OBISPO REPERTORY THEATRE
Public Comments:

Kevin Harris
---End of Public Comment---

Page 14 of 566 ends

5 Motion By Council Member Shoresman
Second By Council Member Marx
Approve Amendment No. 1 to Grant Agreement between the San Luis Obispo Repertory Theatre and the City of San Luis Obispo to provide grant funding in the additional amount of $2,760,000 and authorize the Mayor to execute the agreement with the following amendment made to the Agreement:
 Section 9 of the Agreement - The quarterly reports should begin when construction begins on the building.

Ayes (4): Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
Absent (1): Council Member Francis
CARRIED (4 to 0)

7. PUBLIC HEARING AND BUSINESS ITEMS

7.a 2023-24 ANNUAL REPORT OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT (Estimated Time: 20 Minutes)
Economic Development & Tourism Manager Molly Cano, Tourism & Community Promotions Manager Jacqui Clark-Charlesworth and TBID Chair Lydia Bates provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Motion By Vice Mayor Pease
Second By Mayor Stewart

1. To receive and approve the TBID Board’s annual report for FY 2023-24; and

2. Adopt Resolution No. 11523 (2024 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring its intention to continue the San Luis Obispo Tourism Business Improvement District, to continue the basis for and to levy the assessment for the district, and to set a date for the Public Hearing on the district and the assessment for 2024-25.”

Page 15 of 566 ends

6 Ayes (4): Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
Absent (1): Council Member Francis
CARRIED (4 to 0)

7.b ANNUAL UPDATE ON IMPLEMENTATION OF THE ECONOMIC
DEVELOPMENT STRATEGIC PLAN (Estimated Time: 30 Minutes) Deputy City Manager Greg Hermann, Economic Development & Tourism Manager Molly Cano and Economic Development Analyst McKenzie Taffe provided an in-depth staff report and responded to Council questions.

Public Comments:

Rachel Whalen
Shana Paulson
---End of Public Comment---
Motion By Council Member Marx
Second By Council Member Shoresman
Receive and file the annual update on the implementation status of the Economic Development Strategic Plan (EDSP).

Ayes (4): Council Member Marx, Council Member Shoresman, Vice Mayor Pease, and Mayor Stewart
Absent (1): Council Member Francis
CARRIED (4 to 0)

7.c FISCAL YEAR 2023-24 YEAR END BUDGET REPORT (Estimated Time:
90 Minutes)
Finance Director Emily Jackson and Principal Budget Analyst Riley Kuhn provided an in-depth staff report and responded to Council questions.

Public Comments:

None
---End of Public Comment---
Action: By consensus, the Council directed staff to receive and file the FY 2023-24 Year End Budget Report; and the Revised Long-Term Forecast, 2025-27 Financial Plan calendar and community outreach survey in preparation for the 2025-27 financial planning process.

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7 8. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart
 City/University Quarterly Meeting – met two weeks ago and discussed housing on campus and off campus, an update on the Master Plan, the purchase of Harvest Lofts.
 Regional Economic Action Coalition (REACH)
 City Selection Committee – no update
 Performing Arts Center Commission – no update
 Visit SLO County Advisory Committee – no update
 Whale Rock Commission – no update
 Student City Liaison Committee – met and discussed housing and St.

Patrick’s Day and the SCLC goals
 Countywide Mayor’s Monthly meeting – met and had a speaker from the Fire Safe Council presented on home hardening and what this organization is ding regarding home insurance.

Vice Mayor Pease
 Downtown Association Board
 County Water Resources Advisory Committee (WRAC) – next meeting October 2
 San Luis Obispo Council of Government (SLOCOG) – next meeting October 2
 San Luis Obispo Regional Transit Authority (SLORTA)
 Recycled Water Subcommittee – met three times to discuss Council Member Francis - Absent at this meeting
 Cal Poly Campus Planning Committee
 Community Action Partnership
 Local Agency Formation Commission (LAFCO)
 Nacimiento Water Project

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8 Council Member Marx
 Air Pollution Control District (APCD) – Council Member Francis attended for Council Member Marx.
 Integrated Waste Management Authority (IWMA) – met and entered into an agreement to purchase a new building for their Administrative Offices and started to look at the upcoming budget.
 Airport Land Use – no items related to the City at this time.  Central Coast Clean Energy (3CE) – attended the annual meeting in Aptos.

Council Member Shoresman
 California Men's Colony Citizens Advisory Committee – no meeting  Homeless Services Oversight Committee (HSOC) – met and discussed the staff’s recommendation to conduct an RFP process for organization to manage a Safe Parking Program. She also announced that there are seats up for appointment for the HSOC.
 Zone 9 Advisory Committee – no meeting
 SLO Climate Coalition Liaison – no meeting

9. COUNCIL COMMUNICATIONS
Vice Mayor Pease requested a brief update on the Community Workforce Agreement.

10. ADJOURNMENT
The meeting was adjourned at 9:14 p.m. The next Regular City Council Meeting is scheduled for October 15, 2024 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/2024

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Item 5c
Department: Human Resources
Cost Center: 3001
For Agenda of: 10/15/2024
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Kate Auslen, Risk and Benefits Manager
SUBJECT: UPDATE TO TRIP REDUCTION INCENTIVE PROGRAM

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the Trip Reduction Incentive Program,” effective January 1, 2025.

POLICY CONTEXT
The Trip Reduction Incentive Program (TRIP) encourages City employees to use sustainable transportation by providing an incentive in the form of increased time off for participation, as well as resources and options to consider in reducing the number of commute trips, such as compressed work schedules and a guaranteed ride home. The TRIP was approved by the City Council in 2002, and is consistent with the City’s Conservation and Open Space Element of the General Plan (Policy 2.2.5), Land Use Element (Policy 9.4), Circulation Element (2.2.2), Climate Action Plan, Lead by Example Plan, and Active Transportation Plan (Policy 6.7). This update clarifies past practices in administration of the program, institutes new requirements for commute tracking to support the City’s sustainability efforts, and revises elements of the program to simplify administration of the increased time off incentive.

DISCUSSION
Previous Council or Advisory Body Action
A pilot Trip Reduction Incentive Program (TRIP) was implemented in 1997 to reduce commutes by individual employees utilizing single occupancy vehicles. After an update in 1999 and demonstrated success of the program, the City Council approved it on an ongoing basis in 2002. After more than twenty years, the City’s Human Resources and Sustainability teams are proposing modifications to bring the program up to date (Attachment A).

The proposed TRIP policy update incorporates changes that support a series of policies adopted by City Council related to climate action.
 April 2014 – Council adopted the Conservation and Open Space Element of the General Plan, which included:

Page 19 of 566 ends

Item 5c
o Policy 2.2.1 (Atmospheric Change) -- City actions shall seek to minimize undesirable climate changes and deterioration of the atmosphere’s protective functions that result from the release of carbon dioxide and other substances.
o Policy 2.2.5 (Model City) -- the City will be a model of pollution control efforts. It will manage its own operations to be as pollution free as possible.

The City will work with other agencies and organizations to help educate citizens in ways to prevent air pollution.
 December 2014 – Council adopted an update to the Circulation Element of the General Plan, which included:
o Policy 1.6.1.8 -- Reduce the need for travel by private vehicle through land use strategies, telecommuting, creative transportation demand management, and compact work weeks.
o Policy 1.7.1.1 -- Increase the use of alternative forms of transportation and depend less on the single‐occupant use of vehicles including mode split objectives of 50% by motor vehicle, 12% by transit, 20% by bike, and 18% by walking, carpool, and other forms of transportation. o Policy 2.1.3 -- The City shall encourage employers within the City limits and work with the county to work with employers outside of the City limits to participate in trip reduction programs.
o Policy 2.1.4 -- Within the Downtown the City shall establish and promote programs aimed at reducing congestion in a way that supports the long‐ term economic viability of the downtown.
o Policy 2.2.2 -- The City shall maintain and where cost effective improve a trip reduction plan for City employees.
o Policy 7.1.1 -- The City shall cooperate with County and State government to institute programs that reduce the levels of peak‐hour and daily vehicle traffic.
 August 2020 – Council adopted Resolution 11159 (2020 Series), which approved the Climate Action Plan for Community Recovery with the goal of community carbon neutrality by 2035 and a sub-goal of carbon neutral municipal operations by 2030.
 February 2021 – Council adopted the Active Transportation Plan, which is the City’s first comprehensive plan for bicycling and walking and provides a blueprint for creating a safe, connected, and efficient citywide active transportation network.

The Plan included the following policy:
o Policy 6.7 -- The City should continue providing incentives for employees to commute to work by walking and bicycling and encourage local businesses to do the same.
 July 2021 – Council adopted Resolution 11263 (2021 Series), which approved the Lead by Example Plan with a goal of carbon neutral municipal operations by 2030 and specifically having the City’s employee commute substantially exceed the General Plan Mode Split Objectives by 2030, reducing single-occupancy commute miles 25% by 2025 and 50% by 2030, and of the remaining single occupancy commute miles achieving 25% via electric vehicles by 2025 and 50% via electric vehicle by 2030. Employee Commute action 1.2 directs staff to “Update TRIP

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Item 5c
program to reflect current Council priorities and contemporary issues such as work from home, DEI, and electric vehicles.”
 December 2022 – Council adopted Resolution No. 11381 (2022 Series), which reaffirmed the City’s climate action goals and created a work program for fiscal years 2023-27, including Leadership 1.1.A, which directs staff to, “Implement the 2023-25 actions in the Lead by Example municipal carbon neutrality.” Current Employee Commute Trends
The 2024 City of San Luis Obispo (SLO) Employee Commute Survey found that 77% of respondents drive alone to their workplace. City employees commuting to and from work generate the third largest source of inventoried municipal emissions (15%). Between 2019 and 2022, it is estimated that employee vehicle miles traveled rose substantially (65%). This is in large part due to a growing work force with employees commuting from the broader region including from Atascadero, Arroyo Grande, Los Osos, and Paso Robles. The 65% increase in employee vehicle miles traveled is a step backward from Council’s adopted goal to decrease single-occupancy commute miles by 25% by 2025 and by 50% by 2030.

As the TRIP Program is the only existing City-operated program that aims to influence employee commutes, it is an important lever to getting back on track. The 2024 City of SLO Employee Commute Survey revealed that employees see financial incentives or prize drawings as the most impactful action to encourage them to use alternative transportation to get to work. The proposed TRIP update is responsive to employee feedback.

Recommended Program Updates
Commuter Club
In the current program, employees are asked to provide a calendar noting the days they used sustainable transportation along with their request for increased time off. There was no specific format specified. The proposed TRIP update would require participating City employees to track their trips using San Luis Obispo Council of Governments (SLOCOG’s) Commuter Club program to qualify for the Increased Time Off incentive.

This will replace the previous requirement. The City requires certain businesses within the City limits to establish a transportation plan and utilize the Commuter Club to track commute patterns. Therefore, to lead by example, City employees who participate in TRIP will be required to use the same program. Utilizing this program will provide employees an easy and consistent way to track the frequency and method of alternative transportation they are using. As an added benefit, the Commuter Club has its own incentives, not provided by City, that employees will be able to take advantage of (e.g. drawing prizes, finding a carpool match, reimbursement for emergency rides home, etc).

This program will also allow City representatives access to reporting capabilities such as how many trips or miles are being saved each year which will help provide more accurate numbers to Council when reporting on the City’s Climate Action Plan.

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Item 5c
Eligibility Expanded to Include Limited-Term, Contract Employees Historically, the TRIP policy was only available to full- and part-time regular employees.

The recommended update to the program expands eligibility to limited-term, contract employees1, which increases the number of employees eligible for the program and its potential ability to reduce employee commute vehicle trips and reduce climate pollution.

Active Employment Required for Increased Time Off Incentive The current program does not address proration for employees leaving employment prior to the end of the program year and/or processing of the increased time off incentive. The proposed update clarifies and documents past practice. For employees who participate and submit the required documents to earn increased time off, the earned vacation hours will be provided on the last paycheck in January following the program year. Employees must still be actively employed by the City when hours are provided to their leave banks.

If an employee’s termination date is prior to the issuance of the last paycheck in January, they will not receive the additional vacation hours.

Regional Use of Electric Vehicles Added as a Qualifying Mode of Sustainable Transportation
In alignment with the City’s climate goals, the City would like to incentivize regional use of fully electric vehicles (EV’s) to commute. Accordingly, the updated TRIP policy will enable employees who live outside of the City of San Luis Obispo to log EV trips part of the TRIP program. This qualifying mode of sustainable transportation is proposed to be newly added as a pilot for one year, and after analyzing the data from employee trip logs, will be re-evaluated. Use of hybrid vehicles will not be eligible, because a plug-in hybrid could be driven exclusively in fuel-only mode, which does not meet the standard of sustainable transportation. It is recommended that EV trips from within City of San Luis Obispo limits not be eligible because employees living in City limits are able to walk, bike, or use SLO Transit, without cost, to commute. Employees living outside the City limits have fewer options for sustainable transportation.

Compressed Work Schedule Guidelines
Compressed work schedules allow employees to work the same number of hours in a fewer number of days per pay period, thereby reducing the number of commutes between home and work (e.g. working 4 x 10-hour days rather than 5 x 8-hour days). While related to the goals of TRIP, employee work schedules have broader implications on employment. Therefore, the detailed guidelines have been relocated to a separate document and future updates to the guidelines will be approved by the City Manager. The option for compressed work schedules is still briefly mentioned in the TRIP policy.

Delegation of Authority to City Manager
Since this is an employee-oriented program, it is recommended that the Council delegate authority to the City Manager to make future administrative updates to the program, including, but not limited to, changes to eligibility or qualifying modes of sustainable

1 Limited-term, contract employees are hired into positions that are needed for more than six months but generally less than two years.

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Item 5c
transportation. Any changes to the programs that trigger the City's obligation to meet and confer with represented employee groups will be satisfied prior to obtaining City Manager approval.

CONCURRENCE
Human Resources staff consulted with the Office of Sustainability and the Mobility Services Division when developing the update. They concur with the recommended changes. In addition, staff fulfilled meet and confer obligations with all represented employee groups over the proposed changes to the TRIP policy.

ENVIRONMENTAL REVIEW
The TRIP consists of an administrative program that encourages City employee use of sustainable transportation. The continued application of TRIP and its proposed updates are intended to result in benefits to the environment because of decreased commuter trips by City employees, increased participation in carpooling, and use of EV’s, for example. Therefore, the proposed program is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(3) because there is no possibility that the actions anticipated to occur as a result of TRIP and its proposed updates may have a significant effect on the environment, and these activities are covered by the common sense exemption that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment.

FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: N/A
There is no direct fiscal impact to this request. However, employees who receive the increased time off incentive may choose to cash out their vacation time in accordance with their applicable Memorandum of Understanding or Resolution. Therefore, there is a potential indirect cost associated with the incentive. Over the last three program years, an average of 61 employees qualified for the incentive and received vacation hours valued at $35,377 per year, which was paid out of department staffing budgets. The proposed updates to this program expand eligibility and add eligible modes of transportation. Therefore, the indirect cost of the program may increase.

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Item 5c
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:

Total $0 $0 $0 $0

ALTERNATIVES
Council could decide not to approve the updated program. This action is not recommended by staff because the updates to this program support the City’s major city goal of Climate Action, Open Space & Sustainable Transportation.

Council could request amendments to the program prior to the effective date. If Council approves the TRIP pending Council amendments, those changes will be incorporated into the policy prior to the January 1, 2025 effective date of the program, with final approval delegated to the City Manager.

ATTACHMENTS
A - Draft Resolution Amending the Trip Reduction Incentive Program B - Exhibit 1 - Draft TRIP Reduction Incentive Program

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R ______
RESOLUTION NO. _____ (2024 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, AMENDING THE TRIP REDUCTION INCENTIVE

PROGRAM
WHEREAS, the City of San Luis Obispo has offered a Trip Reduction Incentive Program to City employees since 1997; and
WHEREAS, the City Council desires to continue making progress toward its sustainability goals as stated in the City’s General Plan, Climate Action Plan, Lead by Example Plan and Active Transportation Plan; and
WHEREAS, the Trip Reduction Incentive Program supports these goals; and WHEREAS, the City Manager has oversight of all citywide operations, leads City employees in accomplishing City Council objectives and ensuring the delivery of day-today core responsibilities and public service.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City Council hereby adopts the amended Trip Reduction Incentive Program, effective January 1, 2025, attached hereto as Exhibit 1.

SECTION 2. The City Council hereby delegates authority to the City Manager to make administrative changes to the Trip Reduction Incentive Program, including but not limited to, changes to eligibility or the qualifying modes of sustainable transportation. Any changes to the programs that trigger the City's obligation to meet and confer with represented employee groups will be satisfied prior to obtaining City Manager approval.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2024. ___________________________
Mayor Erica A. Stewart

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Resolution No. _____ (2024 Series) Page 2
R ______
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

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Exhibit 1
Revised 10/15/2024 Page 1 of 6

TRIP REDUCTION INCENTIVE

PROGRAM (TRIP)
Continued if needed
PURPOSE ................................................................................................................................. 2 INCREASED TIME OFF ............................................................................................................ 2 Eligibility ................................................................................................................................. 2 Incentive................................................................................................................................. 2 Procedures............................................................................................................................. 2 Definitions .............................................................................................................................. 3 GUARANTEED RIDE HOME..................................................................................................... 4 Purpose.................................................................................................................................. 4 Eligibility ................................................................................................................................. 4 Procedures............................................................................................................................. 4 Use of Vehicles ...................................................................................................................... 4 OTHER ACTIVITIES.................................................................................................................. 4 QUESTIONS?............................................................................................................................ 5 APPROVAL AUTHORITY ......................................................................................................... 6

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Exhibit 1
City of San Luis Obispo – TRIP Reduction Incentive Program (TRIP) Revised 10/15/2024 Page 2 of 6

PURPOSE
The Trip Reduction Incentive Program (TRIP) is a voluntary program for the City’s workforce, with the following objectives:
 Support achievement of long-term goals of the General Plan, Active Transportation Plan, and Climate Action Plan of reducing traffic levels, reducing greenhouse gas emissions, and preserving the environment and the quality of life in San Luis Obispo.  “Lead by Example” by incentivizing sustainable transportation methods that could be adopted by other public and private-sector employers to achieve similar results throughout the community.
 Encourage employees to use sustainable transportation to travel to and from work or reduce the number of work trips, thereby incrementally reducing the use of motor vehicles and associated climate pollution.

This program identifies a variety of potential benefits to City employees who use sustainable transportation to travel to and from work.

INCREASED TIME OFF
Eligibility
All regular and limited-term contract City employees.

Incentive
Employees who use sustainable transportation to travel to and from work will be eligible for increased time off as follows:
 Employees who use alternative transportation at least one (1) day per work week throughout a calendar year (average weekly use) will receive four (4) hours of additional paid vacation.
 Employees who use alternative transportation at least two (2) days per work week throughout a calendar year (average weekly use) will receive eight (8) hours of additional paid vacation.
 Employees who use alternative transportation at least three (3) days per work week throughout a calendar year (average weekly use) will receive twelve (12) hours of additional paid vacation.
 Employees who use alternative transportation at least four (4) days per work week throughout a calendar year (average weekly use) will receive sixteen (16) hours of additional paid vacation.
 56-hour workweek employees will receive additional paid vacation time based on the percentage of days they use alternative transportation.

Procedures
To participate in this program, interested employees must do the following:
 Enroll in the Commuter Club via iRideshare.org.
 Use sustainable transportation and log your trips on the iRideshare.org website throughout the program year.

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Exhibit 1
City of San Luis Obispo – TRIP Reduction Incentive Program (TRIP) Revised 10/15/2024 Page 3 of 6
 By the end of the first pay period in January of each year, submit the certification form linked below and attach a report from iRideshare.org showing the days sustainable transportation was used during the program year. The supervisor will verify participation.

The Human Resources Department will notify Payroll of the employees who have earned increased time off. Additional paid vacation hours will appear on the last paycheck in January. If an employee begins work for the City part way through the program year, they will be eligible for a prorated amount of paid vacation hours based on the number of full months they participated.

If an employee separates from City employment prior to issuance of the last paycheck in January, they will not be eligible for any amount of increased time off. This program is designed to provide the eligible employee vacation hours to be used starting in the calendar year following program participation.

Certification Forms: TRIP Program: Increased Time Off Form Definitions
 Sustainable transportation: Riding the bus, riding a bicycle, walking, ridesharing (vanpools or carpools), other forms of active transportation, regional electric transportation and/or a combination of these modes of transportation.

Carpooling/vanpooling does not have to be with another City employee. Remote work and compressed work schedules are not considered sustainable transportation for the purpose of this policy.
 Regional electric transportation: Driving a battery electric vehicle where the commute’s origin point begins outside San Luis Obispo city limits. Hybrid and plug-in hybrid vehicles are not considered regional electric transportation for the purpose of this policy.

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Exhibit 1
City of San Luis Obispo – TRIP Reduction Incentive Program (TRIP) Revised 10/15/2024 Page 4 of 6

GUARANTEED RIDE HOME
Purpose
In cases of personal emergencies or unplanned (but approved) changes in work schedules, City employees who use sustainable transportation to travel to and from work will have access to a guaranteed ride home through iRideshare.org, or may also use a City-owned passenger vehicle to get home. This program is also available to members of carpools when designated drivers must unexpectedly leave work and other pool members may find themselves without a ride.

This program is not available to employees who must leave work early to attend a scheduled appointment or other planned engagement. The purpose is to provide peace of mind to employees who use sustainable transportation that, if an emergency does occur while they are at work, they will have available transportation to return home quickly.

Eligibility
All regular and contract City employees who use sustainable transportation are eligible to participate.

Procedures
If an employee must leave work during normal business hours, or extend their workday beyond normal business hours due to an unplanned but approved work schedule change, the following steps should be taken:

1. The employee tells their supervisor that they need to leave work or work beyond their regular schedule, and the reason. If needed, the employee may request help with transportation.

2. The employee may use one of the following options:
a. Arrange for a ride-sharing service or public transportation. b. Request a ride from another employee.
c. Use a City-owned passenger vehicle (More information below).

Use of Vehicles
City-owned passenger vehicles are normally available at each work site, but the employee is responsible for checking their availability.
 City-owned passenger vehicles available for this program shall be:
o Used only for trips to and from the employee’s home and work site and not for personal use.
o Operated only by an employee with a valid California Driver’s License. o Returned to City operation as soon as possible.
 If employee is unable to promptly return the vehicle, the City may arrange for the vehicle to be retrieved from employee’s home. Employee shall ensure access and keys to the vehicle for this purpose.
 Used in compliance with the City’s Vehicle Use Policy.  At no point shall an employee, while in the possession of a City vehicle pursuant to this program, consume or be under the influence of alcohol, drugs, or medication not prescribed by a medical professional.

OTHER ACTIVITIES

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Exhibit 1
City of San Luis Obispo – TRIP Reduction Incentive Program (TRIP) Revised 10/15/2024 Page 5 of 6
In addition to the incentive portion of this program, the City encourages use of sustainable transportation and reduction of work commute trips in the following ways:
 Compressed Work Schedules:
o With supervisor approval and based on operational need, City employees may work a compressed work schedule, such as a 09/80 or a 4/10, that reduces their quantity of workdays per pay period, therefore reducing the number of trips taken to and from work. Please refer to the Compressed Work Schedule guidelines for more information.
 Telework
o With supervisor approval, remote work from a location other than the employee’s primary City work site may be available for certain positions. Please refer to the Telework Policy for more information.
 Free rides on City busses using a Downtown Access Pass. Contact the Transit division at 805.781.7012 or [email protected] for moreinformation.  Bike parking at City work sites where feasible.
 Commute programs and services through SLO Regional Rideshare, including:
o Vanpools
o Carpool Ride Match
o Guaranteed ride home
o Various other innovative transportation solutions
 The City owns Hybrid and Electric Vehicles that City employees may use for City business.
 The City also encourages the personal purchase and use of Electric Vehicles (EV’s) by City employees. Information about rebates and tax credits for electric vehicles is available at https://ev.3ce.org/.
 The City owns electric bicycles that City employees may use for City business.

For more information about these programs, visit www.rideshare.org

QUESTIONS
Contact the Human Resources office at 805.781.7250 or the Active Transportation Manager in Public Works at 805.781.7590.

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Exhibit 1
City of San Luis Obispo – TRIP Reduction Incentive Program (TRIP) Revised 10/15/2024 Page 6 of 6
APPROVAL AUTHORITY: The City Council has delegated authority to the City Manager for administrative updates to this program.

Responsible Department(s): Human Resources and Administration Approved By: City Council
Date Adopted: May 1997 (trail program), February 2002 (ongoing program) Date Revised: October 15, 2024
For questions regarding this policy or to discuss a particular situation, please contact the Human Resources Department at (805) 781-7250.

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Item 5d
Department: Human Resources
Cost Center: 3001
For Agenda of: 10/15/2024
Placement: Consent
Estimated Time: N/A
FROM: Nickole Domini, Human Resources Director
Prepared By: Nicole Vert, Business Analyst
SUBJECT: RESOLUTION ALLOWING PREVIOUSLY CONTRIBUTING EMPLOYEES

TO CONTINUE PARTICIPATING IN THE FIRE RETIREE MEDICAL
TRUST

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, allowing previously contributing employees to continue participating in the Retiree Medical Trust through the Peace Officers Research Association of California.”

POLICY CONTEXT
The Council has approved the establishment of a Retiree Medical Trust (RMT) for Fire bargaining unit employees as incorporated in their Memorandum of Understanding. This recommendation will allow employees who previously contributed to the Trust as bargaining unit employees and that have either promoted or transferred out of the bargaining unit to continue participating in the RMT.

DISCUSSION
Background
In 2020, the City and the International Association of Firefighters, Local 3523 (“Fire bargaining unit”), began participating in a retiree medical plan administered by the Peace Officers Research Association of California (PORAC) Retiree Medical Trust (the “RMT” or the “Trust”). The City’s obligation related to the RMT is to withhold a mandatory employee contribution of $100 semi-monthly (24 pay periods per year) for each employee represented by the Fire bargaining unit, on a pre-tax basis subject to applicable federal tax laws, and to submit the contributions, along with a detail report, to PORAC. The City does not contribute to the RMT. After eligible participants retire, the Trust provides reimbursement benefits toward the cost of medical expenses, insurance premiums, and payments toward long-term care insurance premiums.

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Item 5d
Discussion
When a Fire bargaining unit member promotes or transfers out of the bargaining unit, they are currently no longer eligible to participate in the RMT. However, the draft resolution would allow certain fulltime employees, who have previously participated in the RMT as a Fire bargaining unit member, to continue participation in the RMT through mandatory employee contributions after their promotion or transfer. Currently, there is one such employee promoted out of the Fire bargaining unit, and that employee has expressed interest in continuing their participation.

In December 2023, a consent agenda item was approved by Council that included a successor Memorandum of Understanding between the City and the Fire bargaining unit and authorization for the Director of Human Resources to sign a Special Agreement with PORAC to allow these eligible former Fire bargaining unit members to continue contributing to RMT. After the consent item was approved, staff was made aware that the Special Agreement was not enforceable absent a Resolution from Council, even though it was initially approved by PORAC. Staff has continued conversations with PORAC and were able to come to mutual agreement on language. In place of the Special Agreement, PORAC requires approval from the governing board to remain in compliance with IRS regulations.

Staff and the RMT Chairperson recommend the effective date of the resolution be retroactive to December 21, 2023, which aligns the first day of the pay period for the first payday in January 2024. This effective date will allow the one eligible employee to make a single payment reflecting the sum of the pre-tax contributions for the 2024 calendar year that would have been otherwise made to the Trust.

Previous Council or Advisory Body Action
On December 5, 2023, Council authorized the Director of Human Resources to sign a Special Agreement with PORAC. However, on March 1, 2024, a memo was issued to notify Council of the inability to reach agreement on the Special Agreement.

Public Engagement
This item is on the agenda for the October 15, 2024 City Council meeting and will follow all required postings and notifications. The public will have an opportunity to comment on this item at or before the meeting.

CONCURRENCE
The Fire Chief and the Fire bargaining unit is supportive of this addition and the draft resolution has been reviewed by the City Attorney’s Office.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Section 15378.

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Item 5d

FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:

Total $0 $0 $0 $0
There are no fiscal impacts associated with this recommendation. Upon approval, the City’s only obligation will be to transfer mandatory employee contributions for eligible nonbargaining unit Fire employees in accordance with the terms outlined in the draft resolution.

ALTERNATIVES
Council could decide not to approve the resolution. This action is not recommended by staff because of the benefit to eligible current and future employees and that there is no fiscal impact to the City.

ATTACHMENTS
A - Draft Resolution allowing previously contributing employees to continue participating in the Retiree Medical Trust through PORAC
B - Exhibit A to Draft Resolution - Trust Agreement
C - Exhibit B to Draft Resolution – Restated Plan and Plan Amendments

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R ______
RESOLUTION NO. _____ (2024 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, ALLOWING PREVIOUSLY CONTRIBUTING

EMPLOYEES TO CONTINUE PARTICIPATING IN THE RETIREE

MEDICAL TRUST THROUGH THE PEACE OFFICERS RESEARCH

ASSOCIATION OF CALIFORNIA
WHEREAS, the Peace Officers Research Association of California (PORAC) has established an employee benefit trust called the PORAC Retiree Medical Trust (the “Trust”), governed by the “Trust Agreement Governing the PORAC Retiree Medical Trust” restated effective December 21, 2023, and as amended thereafter (hereafter, the “Trust Agreement”), which is administered by a Board of Trustees (“Trustees”); and WHEREAS, the Trust provides medical expense reimbursement benefits for retired members of bargaining units represented by PORAC Associations, who are parties to a bargaining agreement that requires contributions to the Trust, pursuant to the Trust’s “Medical Expense Reimbursement Plan,” restated effective December 21, 2023 (incl.

Plan Amendment Nos. 1-21) (Dr. 11/1/21), and as amended thereafter, (hereafter, the “Plan”); and
WHEREAS, the City of San Luis Obispo (hereafter, “Employer” or “City”) makes contributions to the Trust on behalf of employees in the following bargaining unit: The International Firefighters Association, Local 3523 (hereafter, “Association”) pursuant to a Memorandum of Understanding dated December 5, 2023 (hereafter, “MOU”); and WHEREAS, certain fulltime employees of the City, who have previously participated in the plan as a member of the Association, but have promoted out of the bargaining unit represented by the Association, have requested to continue participation in the Plan through mandatory employee contributions after their promotion; and WHEREAS, in order to comply with applicable federal tax rules, the Trust does not allow participation in the Trust by individual employee election, but allows participation only on a nonelective basis (see Section 4 hereof); and WHEREAS, under the MOU, the City is required to withhold a mandatory employee contribution for transfer to the Trust for all participating employees in the Association.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Receipt of Documents. Employer acknowledges receipt of the Trust Agreement of the Trust.

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Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 2. Definitions.
a) “Non-Bargaining Unit Employees” or “NBUs” means active employees of the Employer:
i) For whom contributions were previously made to the Trust on their behalf when they were represented by an Association; and ii) Who are not currently in a bargaining unit due to the nature of their position, e.g., they have promoted out of a bargaining unit into management, or they were reassigned or hired into a non-bargaining unit position.
b) “Association” means a labor organization allowed to participate in the Trust.

SECTION 3. Participation.
a) The Employer agrees to contribute to the Trust on behalf of all NBUs, by adopting this Resolution, as the compensation arrangement for all NBUs (referred to as a subscription agreement in the Trust Agreement and qualifies as a Special Agreement under the Plan), pursuant to Article V, Section 3 of the Trust Agreement.
b) The Trust has agreed to the participation of all NBUs of the Employer in the Plan, pursuant to the terms of this Resolution.

SECTION 4. Contributions: Payroll and Transfer of Salary/Sick Leave. a) The Employer shall transfer a mandatory pre-tax employee contribution to the Trust for each and every NBU, in the same amount and on the same schedule that the Employer is transferring for each employee in the bargaining unit represented by the Association pursuant to the MOU between the Employer and the Association (i.e., currently $100 semi-monthly (24 pay periods per year)). There shall neither be an election for NBUs to opt in or out of employee contributions, nor to determine the amount of the contribution. b) If the rate or schedule changes for the Association members, the Employer will contribute the changed amount on the NBUs at the same time. c) With each payment, the Employer shall also submit employee data to identify the amounts paid on behalf of each covered employee, and any other information necessary for the administration of the Trust and Plan. d) Except as otherwise stated in Sections 3 and 4 hereof, all aspects of the Plan contributions for NBUs, including the timing, manner, and reporting of the contributions will be determined according to the terms of the Association MOU with the City, as amended from time to time.

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Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 5. Certification of Mandate for all NBU Employees. a) No Individual Election. The Employer hereby certifies that mandatory employee pre-tax contributions will be made to the Trust on behalf of all NBUs of the Employer. There shall neither be an election for NBUs to opt in or out of mandatory pre-tax employee contributions, nor to determine the amount of such contribution;
b) Eligibility. The Employer hereby certifies that all NBUs reported to the Trust meet the definition of “Employee” in Section 1.11 of the PORAC Retiree Medical Trust Plan, as follows:
i) “Employee means an individual employed by a Participating Employer on or after the Employee’s Effective Date, who is a member of an Association that represents public safety employees, and on whose behalf the required Contributions are made to the Trust Fund pursuant to a Memorandum of Understanding or Special Agreement, for all periods of Active Service after the Effective Date. The term ‘Employee’ includes any individual who works on a part-time contract basis for any Participating Employer.”
SECTION 6. Reporting and Audit Rules. The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and transferring the required contributions set forth above.
a) Demographic Information Report and Updates.
i) Initial Report. Employer shall electronically provide an initial report of demographic information, which shall include: Social Security Number (or unique identifier), first name, last name, gender, address (city, state, zip code), contact information (email address and phone number), birth dates, and hire dates, for all participating employees, including NBUs. ii) Updates. Employer shall send updates to this information to the Trust Office whenever the Employer has notice of changes to the information.

Employer shall also provide notice to the Trust when an employee is promoted, or otherwise becomes an NBU, and when an NBU is terminated.
iii) Deadline. The Employer shall send the Demographic Information Report under this Section 6.a within 15 days of the first contribution to the Trust.

The Employer shall send updates to this report within 15 days of receipt of the updates to the information included in the Demographic Information Report or within 15 days of a promotion, transfer, or termination. This Demographic Information Report shall be furnished in the format that the Trust Office requests.

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Resolution No. _____ (2024 Series) Page 2
R ______
b) Regular Contribution Report. The Employer shall electronically submit to the Trust Office a Regular Contribution Report with each transfer of contributions to the Trust. This Regular Contribution Report shall be sent in the format requested by the Trust, and received by the Trust Office within five (5) days of each receipt of contribution funds. This Regular Contribution Report shall include the data that the Trust Office requests concerning employees and contributions, including at least:
i) Leave funds. Identify the employees receiving a transfer of leave funds to the Trust and the amount received on behalf of each employee; and ii) Promotions and Terminations. The reason that an employee was dropped off of the Regular Contribution Report, e.g., involuntary termination, voluntary termination, retirement, resignation, leave without pay, and the date that an employee was promoted, became an NBU, or terminated employment.
c) Failure to Provide Reports. The Employer hereby acknowledges that the Trust may refuse to accept contributions or take other legally permissible actions with respect to the Employer’s contributions and employees’ benefits from the Trust if the Employer does not comply with the Trust Office’s rules regarding the aforementioned contribution reports.
d) Payroll Audit. The Employer hereby acknowledges receipt of the Trust Agreement governing the Trust and will cooperate with the Trust in allowing a payroll audit for the purpose of ascertaining if the proper amount of contributions have been made. The Employer shall timely cooperate with the Trust Office’s audit rules and any requests made or authorized by the Trust’s auditor.

SECTION 7. Effective Date. The effective date of this Resolution is December 21, 2023. Each eligible NBU will be required to make a single payment reflecting the sum of the contributions that would have been made to the Trust on behalf of the NBU during the 2024 calendar year. If contributions are made retroactive to the effective date of the MOU, the Trust may charge for lost interest through loss of the appropriate number of Active Service Units.

SECTION 8. Notices. Any notice related to this Resolution shall be sent to the Trust at: PORAC Retiree Medical Trust c/o Vimly Benefit Solutions Inc, PO Box 6, Mukilteo, WA 98275, and to the Employer, c/o: Nickole Domini at the following address: 990 Palm Street, San Luis Obispo, CA 93401.

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Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 9. Termination. This Resolution shall remain in effect unless terminated by the Council. The Resolution will automatically terminate effective on the termination date of contributions to the Trust pursuant a termination of contributions in the Memorandum of Understanding between the Employer and the Association. The Employer acknowledges that the Trust may terminate coverage effective the first of any month after two months of the Employer’s failure to remit contributions when due. Written notice of termination must be received by the other party at least ten (10) days prior to the first day of the month in which coverage is to be terminated, or contributions will be due for that month.

SECTION 10. Change of Law. This Resolution will be modified as necessary in order to ensure that contributions will not be treated as taxable income, according to the Internal Revenue Code and guidance pursuant thereto (e.g., PLR 201345020) concerning participation in employee benefit plans.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2024. ___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
___________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. __________________________
Teresa Purrington, City Clerk

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TRUST AGREEMENT

GOVERNING THE
PORAC

RETIREE MEDICAL TRUST
Restated Effective January 1, 2022
(Dr. 11/11/21 including Ams. 1-3)

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TABLE OF CONTENTS
SECTION 1. DECLARATION OF TRUST................................................................................1

1.1 Name........................................................................................................................1

1.2 Purpose.....................................................................................................................1

1.3 Duration of the Trust................................................................................................2

1.4 Term of Trust Agreement. .......................................................................................2 SECTION 2. DEFINITIONS ........................................................................................................2

2.1 “Beneficiary” ...........................................................................................................2

2.2 “Benefit Plan” or “Employee Welfare Benefit Plan” ..............................................2

2.3 “Collective bargaining agreement”..........................................................................2

2.4 “Contributions” ........................................................................................................2

2.5 “Participating Employee” ........................................................................................2

2.6 “Participating Employer”.........................................................................................2

2.7 “Participating labor organization” ...........................................................................3

2.8 “Related trust fund” .................................................................................................3

2.9 “Signatory parties”...................................................................................................3

2.10 “Subscription agreement” ........................................................................................3

2.11 “Trustees” or “Board of Trustees”...........................................................................3

2.12 “Trust” or “Trust Fund” ...........................................................................................3

2.13 “Welfare benefits” or “employee welfare benefits” ................................................3 SECTION 3. THE TRUSTEES ....................................................................................................3

3.1 The Board of Trustees..............................................................................................3

3.2 Statutory Capacities of Trustees. .............................................................................3

3.3 Agents for Service of Process..................................................................................3

3.4 Number and Term of Trustees. ................................................................................4

3.5 Requirement to be a Participant in the Trust. ..........................................................4

3.6 Appointment of Successor Trustees.........................................................................4

3.7 Individuals Disqualified from Serving as Trustees..................................................4

3.8 Acceptance of Appointment by Trustees.................................................................4

3.9 Term of Appointment. .............................................................................................4

3.10 Termination of Appointment by Appointing Entity. ...............................................4

3.11 Termination of Appointment for Failure to Attend Meetings. ................................5

3.12 Termination of Appointment for Conviction of a Crime.........................................5

3.13 Termination of Appointment for Mental Incapacity................................................5

3.14 Resignation of Appointment....................................................................................5

3.15 Vacancies. ................................................................................................................5

3.16 Return of Books and Records. .................................................................................5

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SECTION 4. TRUST FUND ADMINISTRATION....................................................................6

4.1 Manner of Voting.....................................................................................................6

4.2 Constitution of a Quorum. .......................................................................................6

4.3 Motions. ...................................................................................................................6

4.4 Prohibition of Proxies. .............................................................................................6

4.5 Regular Meetings.....................................................................................................6

4.6 Special Meetings......................................................................................................6

4.7 Action Without a Formal Meeting...........................................................................6

4.8 Arbitration of Deadlocked Issues.............................................................................7

4.9 Election of Chairman and Secretary. .......................................................................7

4.10 Duties of Chairman and Secretary. ..........................................................................7

4.11 Authorized Signatures..............................................................................................8

4.12 Compensation and Expenses....................................................................................8

4.13 Benefits to Trustees Not Prohibited.........................................................................8 SECTION 5. PARTICIPATION ..................................................................................................8

5.1 Bargaining Units Entitled to Participate. .................................................................8

5.2 Other Bargaining Units............................................................................................9

5.3 Non-Bargaining Unit Employees of Participating Employers.................................9

5.4 Unauthorized Participation. .....................................................................................9 SECTION 6. TRUSTEE RESPONSIBILITES.........................................................................10

6.1 General Duty – Receipt of Contributions and Creation and Administration of Benefit Plans. .........................................................................................................10

6.2 Compliance with Internal Revenue Code. .............................................................10

6.3 Basis of Payments To and From Trust Fund. ........................................................10

6.4 Application of Trust Fund Assets. .........................................................................10

6.5 Fiduciary Standards. ..............................................................................................10

6.6 Deposits..................................................................................................................11

6.7 Investments. ...........................................................................................................11

6.8 Specifically Permitted Investments........................................................................11

6.9 Title to Investments and Other Assets. ..................................................................11

6.10 Fidelity Bond. ........................................................................................................12

6.11 Records. .................................................................................................................12

6.12 Annual Audit..........................................................................................................12

6.13 Plan Description.....................................................................................................12

6.14 Annual Report........................................................................................................13

6.15 Documents to be Examined or Furnished..............................................................13

6.16 Procedure for Review of Denied Benefit Claims. .................................................13

6.17 Privacy Rule...........................................................................................................13

6.18 Whistleblower Policy.............................................................................................14 SECTION 7. ALLOCATION OR DELEGATION OF TRUSTEE RESPONSIBILITIES .14

7.1 Allocation of Responsibilities to Committees. ......................................................14

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7.2 Delegation of Investment Responsibilities. ...........................................................14

7.3 Delegation of Other Responsibilities.....................................................................15

7.4 Review of Performance..........................................................................................15 SECTION 8. TRUSTEE POWERS............................................................................................15

8.1 General Powers. .....................................................................................................15

8.2 Specific Powers Discretionary...............................................................................15

8.3 Benefit Plans Currently Being Provided................................................................16

8.4 Additional Benefit Plans........................................................................................16

8.5 Design of the Benefit Plans....................................................................................16

8.6 Means of Providing Benefits. ................................................................................16

8.7 Facility of Payment................................................................................................16

8.8 Self Payments by Employees.................................................................................17

8.9 Administrative Agent.............................................................................................17

8.10 Banking Services. ..................................................................................................17

8.11 Other Professional and Non-Professional Help. ....................................................17

8.12 Obtaining of Necessary Premises, Equipment and Supplies. ................................18

8.13 Insurance................................................................................................................18

8.14 Borrowing Money..................................................................................................18

8.15 Reserve Funds........................................................................................................18

8.16 Payment of Taxes...................................................................................................18

8.17 Refunds of Contributions Erroneously Paid. .........................................................18

8.18 Prosecution of Legal Actions or Claims. ...............................................................19

8.19 Defense of Legal Actions or Claims......................................................................19

8.20 Compromise of Legal Actions or Claims. .............................................................19

8.21 Penalties for False or Withheld Information..........................................................19

8.22 Correction of Errors. ..............................................................................................19

8.23 Subscription Agreements.......................................................................................20

8.24 Participating in Certain Non-pPofit Organizations................................................20

8.25 Participation in Non-Profit Educational Organizations. ........................................20

8.26 Reciprocity.............................................................................................................20

8.27 Coordinated Administration...................................................................................21

8.28 Mergers. .................................................................................................................21

8.29 Interpretation and Application of Documents........................................................21 SECTION 9. CONTRIBUTIONS AND COLLECTIONS.......................................................21

9.1 Contribution Reporting Forms...............................................................................21

9.2 Contribution Due Date...........................................................................................21

9.3 Delinquent Contributions.......................................................................................21

9.4 Audit of Employer Books and Records. ................................................................22

9.5 Protection of Employees in Cases of Employer Delinquency...............................22

9.6 Coordination with Provisions in Collective Bargaining Agreements....................22

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SECTION 10. CLAIMS AND APPEAL PROCEDURES .......................................................22

10.1 Procedures to be Followed.....................................................................................22

10.2 Exhaustion of Administrative Remedies. ..............................................................23 SECTION 11. LIMITATIONS...................................................................................................23

11.1 Liabilities and Debts of Trust Fund. ......................................................................23

11.2 Liabilities and Debts of Participating Parties.........................................................23

11.3 Personal Liabilities of Trustees..............................................................................23

11.4 Judgments Against Trust Fund. .............................................................................24

11.5 Participating Parties’ Rights. .................................................................................24

11.6 Cessation of Participation. .....................................................................................24

11.7 Protection of Trust Fund, Contributions, and Benefits..........................................24

11.8 Reliance Upon Written Documents. ......................................................................24

11.9 Agents of Trust Fund. ............................................................................................25 SECTION 12. MISCELLANEOUS ...........................................................................................25

12.1 Trust Fund Offices. ................................................................................................25

12.2 Applicable Laws and Regulations. ........................................................................25

12.3 Service in More than One Fiduciary Capacity.......................................................25

12.4 Notices. ..................................................................................................................25

12.5 Severability. ...........................................................................................................26

12.6 Titles and Words....................................................................................................26 SECTION 13. AMENDMENTS AND TERMINATION.........................................................26

13.1 Amendments. .........................................................................................................26

13.2 Termination............................................................................................................26

13.3 Allocation Upon Termination................................................................................26 EXECUTION ...............................................................................................................................27

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TRUST AGREEMENT

GOVERNING THE

PORAC RETIREE MEDICAL TRUST

PREAMBLE
WHEREAS the Peace Officers Research Association of California (“PORAC”) wishes to create an employee welfare benefit trust fund to hold contributions for a post-retirement medical trust fund for retirees from bargaining units represented by PORAC member associations; and WHEREAS the PORAC seeks to grant administration of the trust fund to a Board of Trustees as set forth in this Trust Agreement; and
WHEREAS, the signatory parties adopted the “Trust Agreement Governing the PORAC Retiree Medical Trust”, effective June 1, 2008; and
WHEREAS, PORAC and the Board of Trustees subsequently amended the Trust Agreement in Amendments No. 1-3.

NOW, THEREFORE, the Board of Trustees does hereby adopt this restated Trust Agreement governing the PORAC Retiree Medical Trust effective January 1, 2022.

SECTION 1. DECLARATION OF TRUST

1.1 Name.

The signatory parties hereby declare the establishment of a Trust Fund, named the PORAC Retiree Medical Trust
The Trustees may hold property, enter into contracts, and in all matters act in behalf of the Trust Fund in such name.

1.2 Purpose.

The purpose of the Trust Fund is to provide an entity to which contributions from participating employers, participating labor organizations, and participating employees can be paid, and through which the Trustees can create and administer one or more employee welfare benefit plans for the participating employees on whose behalf the contributions have been paid, and their beneficiaries.

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1.3 Duration of the Trust.

The Trust Fund shall continue in existence on an indefinite basis, contemporaneously with the terms of this Trust Agreement.

1.4 Term of Trust Agreement.

This Trust Agreement shall be effective as of January 1, 2022, and shall continue indefinitely until such time as it may be terminated in accordance with the provisions of Section 13 hereof.

SECTION 2. DEFINITIONS
The following definitions shall govern this Trust Agreement:

2.1 “Beneficiary” – any participating employee, spouse (or domestic partner per applicable law) or child (as defined in Internal Revenue Code Section 152(f)(1)) of a participating employee or surviving spouse, surviving domestic partner or surviving child of a participating employee, who is entitled to benefits, as defined in a benefit plan.

2.2 “Benefit Plan” or “Employee Welfare Benefit Plan” – any lawful employee welfare benefit plan created and administered by the Trustees.

2.3 “Collective bargaining agreement” – a written agreement such as a Memorandum of Understanding between a participating employer and a participating labor organization and any supplement, amendment, continuation, or renewal thereof, by the terms of which the employer or its employees are obligated to make contributions for the types of benefit plans administered by the Trustees.

2.4 “Contributions” – the payments required of a participating employer, or of participating employees, pursuant to the terms of a collective bargaining agreement, or special agreement, for the purpose of providing employee welfare benefits to the employees covered by said agreements and their beneficiaries, including the selfpayments made by participating employees pursuant to any self-payment rules adopted by the Trustees.

2.5 “Participating Employee” – any individual employed by a participating employer who is covered by a collective bargaining agreement, or special agreement, and for whom contributions are made to the Trust Fund, and any individual who may have been so employed but is subsequently laid off, terminated, or retired.

2.6 “Participating Employer” - any public employer that is party to a collective bargaining agreement and that satisfies the requirements of Section 5 hereof.

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2.7 “Participating labor organization” – the labor organizations named in Section 5 hereof and any other lawful labor organizations (also known as Associations) that represent employees in collective bargaining with employers and that satisfy the requirements of Section 5 hereof.

2.8 “Related trust fund” – any employee welfare benefit trust fund, other than this Trust Fund, to which participating employers make contributions as required by a collective bargaining agreement with participating labor organizations.

2.9 “Signatory parties” – the parties who have created this Trust Agreement and whose signatures appear on the last page hereof (or their successors).

2.10 “Subscription agreement” – a written agreement by which a labor organization or participating employer acknowledges its obligation to make contributions to the Trust Fund and subscribes to the terms and provisions of this Trust Agreement.

2.11 “Trustees” or “Board of Trustees” – the Trustees of the Trust Fund and their successors.

2.12 “Trust” or “Trust Fund” – the entity created by this Trust Agreement, and all property and money held by such entity, including all contract rights and records.

2.13 “Welfare benefits” or “employee welfare benefits” – the benefits provided in an employee welfare benefit plan.

SECTION 3. THE TRUSTEES

3.1 The Board of Trustees.

The Trust Fund and the employee welfare benefit plans shall be administered by a Board of Trustees.

3.2 Statutory Capacities of Trustees.

For purposes of complying with the various provisions of the Employee Retirement Income Security Act of 1974, the Trustees shall be considered as “named fiduciaries,” “fiduciaries,” and the “plan administrator,” as those terms are used in the Act.

3.3 Agents for Service of Process.

Each Trustee shall be considered as an agent of the Trust Fund for the purpose of accepting service of legal process; provided that the Trustees may designate their administrative agent, or another person, as agent of the Trust Fund for this purpose.

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3.4 Number and Term of Trustees.
(a) Number and Election. There shall be five Trustees, one elected from each of the four Regions of PORAC, if available, and one appointed by the President of PORAC. If there is a PORAC Region without a PORAC member Association participating in the Trust, then the President of PORAC shall appoint a Trustee from that Region to fill the vacancy, until the end of the term pursuant to 4b hereof. Elections and appointments shall be conducted according to the PORAC Bylaws.
(b) Term. The term of a Trustee shall be for two years, beginning on January 1 following the PORAC convention at which the Trustee was appointed or elected.

3.5 Requirement to be a Participant in the Trust.

Subject to Section 3.4(a), each person elected as a Trustee must be a participant in the Trust (or have retired from a participating association that is currently participating in the Trust). All Trustees must be either active or retired members of PORAC. Active employees shall be nonmanagement employees. Generally, non-management employees are employees below the rank of commander. The Trustees shall have the discretion to determine if an employee qualifies as a non-management employee.

3.6 Appointment of Successor Trustees.

In the event of the termination of appointment, resignation, or death of a Trustee, a successor Trustee shall be selected according to PORAC Bylaws for filling a vacancy on a PORAC Board.

3.7 Individuals Disqualified from Serving as Trustees.

No individual who has been convicted of any of the crimes listed in Section 411(a) of the Employee Retirement Income Security Act of 1974 shall serve as a Trustee during the period of disqualification specified in the statute.

3.8 Acceptance of Appointment by Trustees.

Each Trustee shall sign a document accepting his position as Trustee and agreeing to abide by the terms and provisions of this Trust Agreement. Alternatively, acceptance will be deemed to occur by attendance at two Trustee meetings.

3.9 Term of Appointment.

Each Trustee shall serve until termination of appointment, resignation, or death.

3.10 Termination of Appointment by Appointing Entity.

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The appointment of a Trustee may be terminated at any time by the entity which originally made the appointment, according to such entity’s internal rules, procedures, or practices.

The termination of a Trustee’s appointment shall be effective upon the termination date specified in a written notice of termination, addressed to the Chairman and Secretary of the Trustees, prepared by the appointing entity.

3.11 Termination of Appointment for Failure to Attend Meetings.

The appointment of a Trustee shall be automatically terminated if such Trustee fails to attend three (3) consecutive meetings of the Trustees, without being excused from attendance by specific action of the remaining Trustees noted in the minutes.

3.12 Termination of Appointment for Conviction of a Crime.

The appointment of a Trustee shall be automatically terminated if such Trustee is convicted of any of the crimes listed in Section 411(a) of the Employee Retirement Income Security Act of 1974.

3.13 Termination of Appointment for Mental Incapacity.

The appointment of a Trustee shall be automatically terminated if such Trustee is declared mentally incompetent by court decree.

3.14 Resignation of Appointment.

A Trustee may resign his appointment at any time subject to applicable law. Such resignation shall be effective upon the resignation date specified in a written notice of resignation addressed to the Chairman and Secretary of the Trustees.

3.15 Vacancies.

No vacancy in the position of Trustee shall impair the power of the remaining Trustees to administer the affairs of the Trust Fund so long as a quorum exists as specified in Section 4.2 hereof.

3.16 Return of Books and Records.

In the event of the termination of appointment, resignation, or death of a Trustee, the Trustee (or his legal guardian, heirs, or personal representative) shall, upon the request of the Chairman or the Secretary of the Trustees, forthwith turn over to the Chairman or Secretary any and all records, books, documents, monies, and other property in the possession of the Trustee, or under his control, that belong to the Trust Fund or that were received by him in his capacity as Trustee.

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SECTION 4. TRUST FUND ADMINISTRATION

4.1 Manner of Voting.

Any action to be taken by the Trustees shall be determined by majority vote of the total number of Trustees in attendance at the meeting, with abstentions deemed not to be votes.

4.2 Constitution of a Quorum.

To constitute a valid regular or special meeting of the Trustees, a quorum must be present.

A quorum exists if there are present at a meeting a majority of the number of Trustee positions pursuant to Section 3.4 hereof, even if all positions are not filled.

4.3 Motions.

Any Trustee, including the Chairman or Secretary, may offer or second any motion or resolution presented for the Trustees’ consideration.

4.4 Prohibition of Proxies.

To encourage full attendance at meetings of the Trustees and due consideration of the matters being voted upon, there shall be no proxies. A Trustee must be present in person, or by telephonic conference, to cast a vote.

4.5 Regular Meetings.

The Trustees shall hold regular periodic meetings consistent with the needs of Trust Fund business, provided that there shall be at least two (2) regular meetings held during each calendar year. The Trustees shall determine the time and place of all such meetings.

4.6 Special Meetings.

Either the Chairman or the Secretary or any two (2) Trustees may call a special meeting of the Trustees by giving written notice to all the other Trustees of the time and place of such meeting at least ten (10) days before the date set for the meeting, provided that ten (10) days’ advance notice shall not be necessary if all Trustees are agreeable to an earlier meeting.

4.7 Action Without a Formal Meeting.

The Trustees may take action without a formal meeting by means of (a) a conference telephone call, arranged by the Secretary or the administrative agent, in which all Trustees participate; (b) the presentation of a written motion or resolution sent to all Trustees by the Secretary or the administrative agent and the subsequent obtaining of Trustee votes on the motion or resolution in telephone calls placed to each Trustee by the Secretary or the administrative agent; or (c) the presentation of a written motion or resolution sent to all Trustees by the Secretary or the

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administrative agent and the subsequent obtaining of Trustee votes on the motion or resolution in letters sent by each Trustee to the Secretary or the administrative agent.

Any such action shall be reported in the minutes of the next formal meeting.

4.8 Arbitration of Deadlocked Issues.

In the event the Trustees should deadlock on any matter submitted for their concurrence, the dispute may be referred by either group of Trustees to an impartial arbitrator in accordance with the labor arbitration rules of the American Arbitration Association. A deadlock shall be deemed to occur when there is a tie vote on any motion before the Trustees.

The Trustees shall attempt to agree on the joint submission of a statement of the issue in dispute. However, if the Trustees cannot jointly agree upon such a statement, each group of Trustees shall submit to the arbitrator, in writing, its version of the issue in dispute. As part of his award, the arbitrator shall state his determination as to the exact issue.

The expenses of any such arbitration, including any court proceedings relating thereto, the fee of the arbitrator, and the reasonable attorney and witness fees of the parties shall be chargeable to the Trust Fund.

The decision and award of the arbitrator shall be final and binding upon the Trustees and upon all parties whose interests are affected thereby.

The procedure specified in this Section shall be the sole and exclusive procedure for the resolution of deadlocked issues.

4.9 Election of Chairman and Secretary.

The Trustees shall elect one of the Trustees as Chairman and one of the Trustees as Secretary.

The Chairman and the Secretary shall each hold office indefinitely so long as the person is a Trustee, provided that, when a particular Chairman or Secretary has held office for two (2) years or at any time thereafter, any Trustee may obtain, on request, a new election of that officer.

A Chairman or Secretary may resign his office at any time. Such resignation shall be effective upon the resignation date specified in a written notice of resignation addressed to the remaining Trustees. In case of the resignation, death, or termination of appointment of either the Chairman or the Secretary, there shall be a new election of both offices.

4.10 Duties of Chairman and Secretary.

The Chairman shall chair the meetings of the Trustees, shall appoint all committees, and shall carry out such other duties as the Trustees may assign to him.

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The Secretary, in the absence of the Chairman, shall act in the place of the Chairman and perform the Chairman’s duties. The Secretary shall also advise the Trustees as to all correspondence and financial reports pertaining to the Trust Fund and shall keep minutes or records of all meetings, proceedings, and actions of the Trustees, provided that these particular responsibilities may be delegated to the administrative agent or to the other of the professional or non-professional help retained by the Trustees.

4.11 Authorized Signatures.

The Chairman and the Secretary or any two authorized Trustees shall sign all negotiable instruments, certificates, contracts, government reports, and other legal documents on behalf of the Trust Fund, provided that the authority for signing negotiable instruments may be delegated to the administrative agent, corporate trustee (if any), depository bank, or custodian bank. All persons doing business with the Trust Fund may rely on such signatures.

If the Trust Fund issues benefit checks to participating employees or their beneficiaries, the signatures of the Chairman and Secretary may be affixed thereto by a facsimile signature device, under safeguards determined by the Trustees.

4.12 Compensation and Expenses.

No Trustee shall receive any compensation from the Trust Fund for services as a Trustee except as may be allowed under the Employee Retirement Income Security Act of 1974, and as may be authorized by the Trustees.

Each Trustee shall be reimbursed out of the Trust Fund for all expenses properly and actually incurred by him in the administration of the Trust Fund.

The Trustees shall establish the conditions for the payment of compensation (if any) and for the reimbursement of expenses.

4.13 Benefits to Trustees Not Prohibited.

Nothing in this Trust Agreement shall prohibit a Trustee from receiving any benefits under the terms of a benefit plan, if he is otherwise eligible for the same as a participating employee or as a beneficiary of a participating employee.

SECTION 5. PARTICIPATION

5.1 Bargaining Units Entitled to Participate.

The following labor organizations (or their successors), and the employees in the bargaining units represented by such labor organizations, shall be allowed to participate in the Trust Fund:

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Member Associations of PORAC

5.2 Other Bargaining Units.

Subject to approval by the Board of Directors of PORAC, the Trustees shall have the authority to permit labor organizations (other than those specified above), and the employees in a bargaining unit covered by a collective bargaining agreement, to participate in the Trust Fund.

The participation of such bargaining units shall be entirely discretionary with the Trustees and shall be subject to whatever terms and conditions they may impose.

The Trustees have the authority to decline or terminate the participation of a particular bargaining unit if (a) the labor organization and the employer fail to provide the Trustees with a copy of their collective bargaining agreement; (b) the language of the contribution provisions in the collective bargaining agreement does not meet the requirements established by the Trustees (if any); (c) the labor organization fails to submit a subscription agreement binding it to this Trust Agreement, if required; (d) the negotiated contribution rate is lesser, or greater, than the contribution rate supporting a particular benefit plan then being administered by the Trustees, provided that the Trustees, in their discretion, may accept the different contribution rate and establish different eligibility rules or benefit formulas for the employees affected; or (e) there exist other facts and circumstances that, in the Trustees’ discretion, justify a declination or termination of participation.

5.3 Non-Bargaining Unit Employees of Participating Employers.

The Trustees shall have the authority to enter into subscription agreements directly with participating employers, who are contributing for their bargaining unit employees, by the terms of which such an employer agrees to make contributions to the Trust Fund so that the non-bargaining unit employees of the employer can be covered by the benefit plans provided through the Trust Fund.

The acceptance of such subscription agreements shall be entirely discretionary with the Trustees and shall be subject to applicable law and whatever terms and conditions they may impose.

5.4 Unauthorized Participation.

The only individuals who shall be entitled to participate in and receive benefits from the Trust Fund shall be those employees who are within the bargaining units described in Sections 1 and 2 or who are within the group described in Section 3 above. It is expected that participating employers will submit contributions only on behalf of such employees. The receipt by the Trust Fund of contributions which may be submitted on behalf of individuals who are not eligible to participate shall not estop the Trustees from declining or terminating the participation of such individuals nor shall it constitute a waiver of any of the provisions of this Section or of the benefit plans.

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SECTION 6. TRUSTEE RESPONSIBILITES

6.1 General Duty – Receipt of Contributions and Creation and Administration of Benefit Plans.

It shall be the general duty of the Trustees to receive the contributions from participating employers and the contributions from participating employees (if any) and any other income or assets that they may receive and, with such, to create and administer one or more employee welfare benefit plans for the participating employees and their beneficiaries.

Additionally, the Trustees shall have the specific duties set forth in this Trust Agreement and such other duties as are imposed upon them by the Employee Retirement Income Security Act of 1974 and other applicable laws.

6.2 Compliance with Internal Revenue Code.

The Trustees shall administer the Trust Fund and the benefit plans so that, to the extent allowed in the Internal Revenue Code, employer contributions are tax deductible, the Trust Fund is tax exempt, and the value of the employee welfare benefits is excludable from the recipients’ taxable income.

6.3 Basis of Payments To and From Trust Fund.

The basis on which contributions of participating employers and contributions of participating employees (if any) are made shall be as specified in the underlying collective bargaining agreement or subscription agreement. The basis on which benefits are paid out of the Trust Fund shall be as specified in the employee welfare benefits plans.

6.4 Application of Trust Fund Assets.

As required by Section 403(c)(1) of the Employee Retirement Income Security Act of 1974, the assets of the Trust Fund shall never inure to the benefit of any participating employer and shall be held for the exclusive purposes of providing benefits to participating employees and their beneficiaries and defraying reasonable expenses of administering the plan.

6.5 Fiduciary Standards.

As required by Section 404(a)(1)(A) and (B) of the Employee Retirement Income Security Act of 1974, the Trustees shall discharge their duties and administer the Trust Fund assets solely in the interest of the participating employees and their beneficiaries and for the exclusive purpose of (a) providing benefits to participating employees and their beneficiaries and (b) defraying reasonable expenses of benefit plan administration.

In carrying out the duties, the Trustees shall act 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 a like character and with like aims.

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6.6 Deposits.

The contributions or any other monies which the Trustees may receive shall be deposited in one or more banks or similar financial institutions supervised by the United States or a state, pending the allocation of such monies for the payment of current benefits and expenses or for investment. Such monies may be commingled, on a temporary basis, with monies belonging to other related trust funds.

6.7 Investments.

The Trustees shall invest all contributions or other monies not required for the payment of current benefits and expenses. The Trustees may invest and reinvest in bank accounts, savings and loan accounts, securities, mortgages, deeds of trust, notes, commercial paper, real estate, insurance contracts, and in such other property, real, personal, or mixed, as they deem prudent provided that, in making of investments, the Trustees shall diversify such investments as required by Section 404(a)(1)(C) of the Employee Retirement Income Security Act of 1974 so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so.

Further, no investment shall be made which would constitute a “prohibited transaction” within the meaning of Section 406 of such Act, provided that the Trustees shall have the authority to apply to the Secretary of Labor for a conditional or unconditional exemption from any of the “prohibited transaction” rules, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

6.8 Specifically Permitted Investments.

In the event the Trustees designate one or more banks or similar financial institutions supervised by the United States or a state to serve as custodian of the trust assets, or as a corporate trustee, or in another fiduciary capacity, the monies belonging to the Trust Fund may be invested in the accounts of such bank or institution, provided that such accounts bear a reasonable interest rate.

Further, the monies of the Trust Fund may be invested in (a) a common or collective trust fund or pooled investment fund, maintained by a bank or trust company supervised by the United States or a state or (b) in a pooled investment fund of an insurance company, even though such bank, trust company, or insurance company is a party-in-interest as that terms is designated in Section 3(14) of the Employee Retirement Income Security Act of 1974, provided that the bank, trust company, or insurance company receives not more than reasonable compensation for managing such an investment.

6.9 Title to Investments and Other Assets.

Title to all investments or other assets of the Trust Fund shall be maintained in the name of the Trust Fund, provided that, for convenience in transferring stocks, bonds, or other negotiable securities, title to such securities may be held in the name of the Trust Fund’s custodian bank or of its nominee.

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Except as may be authorized by regulation of the Secretary of Labor, the indicia of ownership of all investments and other assets of the Trust Fund shall not be maintained outside the jurisdiction of the district courts of the United States.

6.10 Fidelity Bond.

The Trustees shall procure a fidelity bond in the amount required by Section 412(a) of the Employee Retirement Income Security Act of 1974 covering each Trustee or other person who receives, handles, disburses, or otherwise exercises custody or control of any of the funds or other property of the Trust Fund. The cost of such bond shall be chargeable to the Trust Fund, provided that, if such bond covers persons other than the Trustees or the employees (if any), and if there is an additional premium for the coverage for such other persons, the additional premium shall be chargeable to such other persons.

6.11 Records.

The Trustees shall maintain records of their administration of the Trust Fund, including records of all receipts and disbursements, all investments purchased or sold, the texts of all benefit plans, all employee eligibility listings, all minutes of Trustee meetings, and all correspondence.

No such record shall be destroyed except upon the specific action of the Trustees, and destruction shall not be directed until a period of eight (8) years has elapsed from the date the record was created.

6.12 Annual Audit.

The Trustees shall engage, on behalf of the participating employees and their beneficiaries, an independent qualified public accountant and shall authorize such accountant to conduct an annual financial examination of the Trust Fund, as required by Section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974. The cost of such examination shall be chargeable to the Trust Fund.

A statement of the results of each such examination shall be submitted to the Trustees for their review and, further, shall be made part of the Trust Fund’s annual report.

6.13 Plan Description.

The Trustees shall prepare a plan description, a summary plan description, and any modifications or changes in the information contained in such description, as required by Section 102 of the Employee Retirement Income Security Act of 1974.

The Trustees shall also furnish to participating employees and to each beneficiary receiving benefits, copies of the summary plan description and copies of any modifications or changes in the information in such description, as required by Section 104(b)(1) of such Act.

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6.14 Annual Report.

The Trustees shall prepare and file with the Department of Labor an annual report, as required by Section 103 of the Employee Retirement Income Security Act of 1974. The Trustees shall also furnish to participating employees and to each beneficiary receiving benefits portions of the annual reports as required by Section 104(b)(3) of such Act.

6.15 Documents to be Examined or Furnished.

The Trustees shall make copies of (a) this Trust Agreement; (b) the plan description; (c) the latest annual report; (d) the applicable collective bargaining agreement; and (e) any other contracts or instruments under which a benefit plan is established or operated available for examination by participating employees or their beneficiaries in the Trust Office, as required by Section 104(b)(2) of the Employee Retirement Income Security Act of 1974.

The Trustees shall, upon written request by a participating employee or his beneficiary, furnish to the participating employee or beneficiary a copy of (a) this Trust Agreement; (b) the plan description; (c) the latest updated summary plan description; (d) the latest annual report; (e) any terminal report; (f) the applicable collective bargaining agreement; and (g) any other contracts or instruments under which a benefit plan is established or operated, as required by Section 104(b)(4) of such Act. Such copies shall be furnished within thirty (30) days of the request.

The Trustees may impose a reasonable charge for such copies as may be allowed by regulation of the Secretary of Labor.

6.16 Procedure for Review of Denied Benefit Claims.

The Trustees shall establish administrative procedures whereby participating employees or their beneficiaries whose claims for benefits are denied are notified, in writing, of the reasons for such denial and which afford such a participating employee or beneficiary a reasonable opportunity for a full and fair review, as required by Section 503 of the Employee Retirement Income Security Act of 1974. Such procedures shall include the hearing and appeal provisions set forth in Section 10 hereof.

6.17 Privacy Rule.

The Trustees shall provide certification to the Trust Fund that they agree to not use or disclose Protected Health Information (“PHI”) other than as permitted or required by the Plan document(s) or as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its corresponding regulations titled the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule). The Trustees shall have the authority to implement policies and procedures and take any other action that may be required in order to comply with HIPAA and the Privacy Rule. Any omissions or oversights in the use and/or disclosure of PHI will be resolved in accordance with the applicable law and its regulation(s).

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6.18 Whistleblower Policy.

The Trustees shall discharge their duties and administer the Trust Fund in such a manner as to comply with Section 510 of the Employee Retirement Income Security Act of 1974, ‘Interference with Rights Protected under Act.’
SECTION 7. ALLOCATION OR DELEGATION OF TRUSTEE

RESPONSIBILITIES

7.1 Allocation of Responsibilities to Committees.

The Trustees may allocate to one or more committees of Trustees all or part of the following responsibilities, with full Power to act: (a) the responsibility for managing the Trust Fund investments (if not otherwise delegated to a qualified investment manager); (b) the responsibility for reviewing and determining benefit claims of participating employees and their beneficiaries; (c) the responsibility for conducting hearings and issuing determinations as provided for in Section 10.2 hereof; (d) the responsibility for resolving questions or problems that may be encountered in connection with payroll auditing activities; (e) the responsibility for resolving questions or problems that may be encountered in connection with payroll auditing activities; (f) the responsibility for resolving questions or problems that may be encountered in connection with the collection of delinquent employer accounts; (g) the responsibility for resolving questions or problems that may be encountered in connection with the day-to-day work of the administrative agent; (h) the responsibility for reviewing the performance of the qualified investment manager (if any), and of the other professional persons retained by the Trustees.

In the event the Trustees elect to allocate any of the stated responsibilities, they shall do so by the adoption of a motion or resolution calling for the appointment of a committee of Trustees and specifying the particular responsibility that is being allocated. With respect to the responsibility that is allocated, the committee shall have all the powers of the full Board of Trustees. Any action to be taken by the committee shall be determined according to the voting formula contained in Section 4.1 hereof. If the committee members deadlock on any matter submitted for their concurrence, such matter shall be referred to the full Board of Trustees for review and action.

Nothing contained herein shall in any way limit the authority of the Trustees to create additional committees for the purpose of assisting with or expediting the affairs of the Trust Fund, provided that any such committee shall be empowered only to make recommendations with respect to the matters referred to it.

7.2 Delegation of Investment Responsibilities.

The Trustees may delegate all or part of their responsibilities for the management of the Trust Fund investments to one or more qualified investment managers, as that term is defined in Section 3(38) of the Employee Retirement Income Security Act of 1974, i.e., (a) an investment adviser registered as such under the Investment Advisers Act of 1940; (b) a bank as defined in that

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Act; or (c) an insurance company qualified to manage, acquire, or dispose of employee benefit plan assets under the laws of more than one state.

In the event the Trustees elect to delegate investment responsibility they shall do so by the adoption of a motion or resolution making the delegation to a designated investment manager. The delegation shall be effective when the investment manager accepts the delegation and acknowledges in writing his status as a fiduciary with respect to the Trust Fund.

7.3 Delegation of Other Responsibilities.

The Trustees may delegate all or part of their responsibilities with respect to the administration of the Trust Fund or the benefit plans (except investment responsibilities) to their administrative agent or to any other person whom they may designate for such purpose.

In the event the Trustees elect to delegate a particular responsibility they shall do so by the adoption of a motion or resolution making the delegation to a designated person. The delegation shall be effective when the designated person accepts the delegation. If the delegation involves a responsibility other than one which is ministerial in nature, the designated person shall also acknowledge in writing his status as a fiduciary with respect to the Trust Fund.

7.4 Review of Performance.

In the event the Trustees elect to allocate or delegate Trustee responsibilities they shall periodically review the performance of the persons to whom such responsibilities have been allocated or delegated.

SECTION 8. TRUSTEE POWERS

8.1 General Powers.

Except as may be expressly limited by the terms of this Trust Agreement, Trustees shall have full and exclusive authority to control and administer the Trust Fund and the employee welfare benefit plans which they create.

The authority of the Trustees not only encompasses the specific powers recited in the various paragraphs of this Trust Agreement but also includes the general power to do all things and take all actions, including the expenditure of Trust Fund monies, which they may deem necessary to carry out the purpose of this Trust Agreement. The Trustees may implement their powers through the adoption of appropriate motions, resolutions, or administrative rules and regulations.

8.2 Specific Powers Discretionary.

The recitation of specific powers in this Trust Agreement shall not be interpreted as compelling the exercise of any such power. The exercise of specific powers is discretionary with the Trustees.

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8.3 Benefit Plans Currently Being Provided.

The employee welfare benefit plan (or plans) presently being administered through this Trust Fund is (are) described as follows:

Medical Expense Reimbursement Plan (Ef. June 1, 2008)
The Trustees shall have the authority to amend such benefit plan (or plans), or any plans hereafter adopted, including amendments that expand, restrict, or terminate all or part of the rules relating to eligibility for benefits, or to the amount and nature of such benefits, as they may determine. Amendments may be made on a prospective or retroactive basis.

8.4 Additional Benefit Plans.

The Trustees shall have the authority to create and administer additional medical expense reimbursement plans, but not including traditional health insurance plans, as may be lawful under Section 3(1) of the Employee Retirement Income Security Act of 1974, provided that such plans are supported by employer or employee contributions.

8.5 Design of the Benefit Plans.

The Trustees shall have the authority to determine the details of the benefit plans, including the determination of the rules under which participating employees shall be eligible for benefits and the nature and amount of such benefits. The Trustees shall also have the authority to determine whether benefits shall be extended to beneficiaries of participating employees and, if so, to determine which class or classes of beneficiaries shall be eligible for benefits, the eligibility rules which will apply to such class or classes of beneficiaries, and the nature and amount of such benefits. If there are different contribution rates, the Trustees may establish different eligibility rules, or benefit formulas, for the participating employees and their beneficiaries who are affected thereby.

8.6 Means of Providing Benefits.

The Trustees shall have the authority to provide the benefits, in whole or in part, directly from the Trust Fund, or to contract with an insurance carrier, or other entity, to underwrite the risk of the reimbursement benefits.

8.7 Facility of Payment.

The Trustees shall have the authority to adopt rules by the terms which benefit payments owing to minors or incompetents may be paid instead to a person or institution providing care or other services to such minor or incompetent, even though a legal guardianship does not exist.

Benefit payments made under any such rules shall fully discharge the Trust Fund’s obligation to the minor or incompetent.

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8.8 Self Payments by Employees.

The Trustees shall have the authority to include provisions in the benefit plans by the terms of which participating employees, during periods of active employment, strikes, lockouts, employer delinquencies, leaves of absence, disabilities, layoffs, termination, or retirement may be permitted to make contributions in their own behalf.

8.9 Administrative Agent.

The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more administrative agents to assist the Trustees in the day-to-day administration of the Trust Fund and the benefit plans. Such assistance may include the receipt and recording of contributions, the processing of delinquent accounts, the preparation of employee eligibility listings, the processing of benefit applications, the payment of benefits, the maintenance of financial records, and the handling of routine communications.

The administrative agent may be a contract administrator or a salaried administrator. In the event the Trustees employ a salaried administrator they shall also have the authority to employ such additional administrative staff personnel as may be necessary.

The Trustees shall periodically review the performance of the administrative agent.

8.10 Banking Services.

The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more banks or similar financial institutions supervised by the United States or a state, to perform depository or custodial services, or to serve as corporate trustee or co-trustee, on behalf of the Trust Fund.

The Trustees shall periodically review the performance of the banks which they have retained to perform banking services.

8.11 Other Professional and Non-Professional Help.

The Trustees shall have the authority to retain, at the expense of the Trust Fund, one or more accountants, actuaries, attorneys, employee benefit plan consultants, investment managers, payroll auditors, and other professional or non-professional help, as they may deem necessary in the administration of the Trust Fund and the benefit plans. Unless limited by the Employee Retirement Income Security Act of 1974, the retention of any such professional or nonprofessional help may be on a contract or salaried basis.

The Trustees shall periodically review the performance of their professional and nonprofessional help.

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8.12 Obtaining of Necessary Premises, Equipment and Supplies.

The Trustees shall have the authority to purchase or lease suitable premises and equipment and to purchase materials and supplies, at the expense of the Trust Fund, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

8.13 Insurance.

The Trustees shall have the authority to purchase policies of insurance (liability, property damage, casualty, and errors and omissions) to protect the Trust Fund and to protect themselves and their employees (if any) with respect to their activities on behalf of the Trust Fund as they may deem necessary. The cost of such insurance policies shall be chargeable to the Trust Fund, provided that, if such insurance policies cover persons other than the Trustees or their employees (if any), and if there is an additional premium for coverage for such other persons, the additional premium shall be chargeable to such other persons.

Any policy of errors and omissions insurance which covers the Trustees individually shall contain a recourse clause as required by Section 410(b)(1) of the Employee Retirement Income Security Act of 1974, provided that nothing herein shall prevent a Trustee (or an employer, employer association, or labor organization acting on his behalf) from purchasing for the Trustee a waiver of the recourse clause or a separate policy insuring against such recourse.

8.14 Borrowing Money.

The Trustees shall have the authority to borrow money for the Trust Fund, with or without security, as they may deem necessary in the administration of the Trust Fund and the benefit plans.

8.15 Reserve Funds.

The Trustees shall have the authority to maintain reasonable reserve funds for future contingencies as they may deem necessary in the administration of the Trust Fund and the benefit plans.

8.16 Payment of Taxes.

The Trustees shall have the authority to pay, at the expense of the Trust Fund, all real and personal taxes, and other taxes and assessments of any kind that may be lawfully levied or assessed against the Trust Fund.

8.17 Refunds of Contributions Erroneously Paid.

The Trustees shall have the authority to adopt rules by the terms of which refunds of contributions may be made to a participating employer or employee where the employer or employee has paid such contributions in error, provided that employer refunds shall be made only as permitted by Section 403(c) of the Employee Retirement Income Security Act of 1974.

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8.18 Prosecution of Legal Actions or Claims.

The Trustees shall have the authority to originate and maintain any legal actions or claims involving potential legal actions, at the expense of the Trust Fund, as they may deem necessary in the administration of the Trust Fund and the benefit plans. All such actions and claims shall be prosecuted in the name of the Trust Fund or in the name of an assignee.

8.19 Defense of Legal Actions or Claims.

The Trustees shall have the authority to defend all legal actions, claims involving potential legal actions, and investigatory proceedings initiated against the Trust Fund or against one or more of the Trustees, former Trustees, administrative agents, or against one or more of the employees of the Trust Fund (if any) that relate to the administration of the Trust Fund or the benefit plans.

Except as stated below, the defense of such actions, claims, and proceedings shall be at the expense of the Trust Fund.

If the final court decree establishes personal liability on the part of specified Trustees, administrative agents, or employees (if any) for breach of their fiduciary responsibilities, as permitted by Section 409(a) of the Employee Retirement Income Security Act of 1974, and orders that the specified persons are to bear the expenses of their own defense, their attorney fees shall not be chargeable to the Trust Fund. If attorney fees and costs have already been charged to the Trust Fund, the specified persons shall be obligated to repay the Trust Fund for the pro-rate share of such fees and costs.

8.20 Compromise of Legal Actions or Claims.

The Trustees shall have the authority to compromise, settle, or release all legal actions or claims involving potential legal actions, in favor of or against the Trust Fund, on such terms and conditions as they may determine.

8.21 Penalties for False or Withheld Information.

The Trustees shall have the authority to adopt rules and regulations by the terms of which reasonable penalties or forfeitures may be imposed upon participating employees or beneficiaries who (a) falsify any information requested of them in the administration of the Trust Fund and the benefit plans; or (b) fail to provide requested information within a reasonable time.

8.22 Correction of Errors.

It is recognized and acknowledged by all parties that the Trustees will provide eligibility credits or benefits to participating employees and their beneficiaries based on Trust Fund records.

It is also recognized and acknowledged that such records could be incorrect due to (a) incomplete records; (b) employees or beneficiaries submitting incorrect or false benefit applications; (c) recording or computation errors by the administrative agent; (d) computer errors; or (e) other similar circumstances. The Trustees shall have the authority to correct the Trust Fund records

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whenever errors are discovered and to terminate participation, adjust eligibility credits or benefits, or seek the recovery of benefit overpayments, as they may determine.

8.23 Subscription Agreements.

The Trustees shall have the authority to create and distribute subscription agreements, at the expense of the Trust Fund, by the terms of which a participating employer or labor organization acknowledges its obligation to make contributions to the Trust Fund and subscribes to the terms and provisions of this Trust Agreement.

8.24 Participating in Certain Non-pPofit Organizations.

The Trustees shall have the authority to participate in non-profit foundations, corporations, councils, committees, or other organizations that have as their purpose (a) the alleviation of physical or mental disease, or of other conditions or hazards that require the care or service being paid for through the benefit plans administered by the Trustees; or (b) the improvement in the availability of, and quality of, medical care, or of other care or service being paid for through the benefit plans, or the reduction in the costs of such care or services. If the Trustees act to participate in any such non-profit organization, the membership or participation fees of the organization shall be chargeable to the Trust Fund.

Further, to the extent that such is not prohibited by the Employee Retirement Income Security Act of 1974, the Trustees may make loans, grants, or donations to any such nonprofit organization, in reasonable amounts, out of the uncommitted reserves of the Trust Fund.

8.25 Participation in Non-Profit Educational Organizations.

The Trustees shall have the authority to participate in non-profit foundations, corporations, committees, or other organizations which sponsor educational programs or provide educational materials pertaining to the administration of trust funds of this nature and of employee benefit plans. If the Trustees act to participate in any such non-profit organization, the membership or participation fees of the organization shall be chargeable to the Trust Fund.

The Trustees shall also have the authority to purchase educational materials and to provide for the attendance of the Trustees, or of such of their employees (if any), as they may designate, at educational conferences and meetings. The costs of such materials and attendance shall be chargeable to the Trust Fund.

8.26 Reciprocity.

The Trustees shall have the authority to enter into reciprocal agreements with other Retiree Medical Trust funds providing similar benefits to those provided through the Trust Fund, for the exchange of eligibility credits or monies or for the payment of pro-rata benefits, in order to protect employees who may terminate their participation in the Trust Fund and begin participation in a reciprocal trust fund and vice versa.

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8.27 Coordinated Administration.

The Trustees shall have the authority to coordinate the administration of the Trust Fund and of the benefit plans with the administration of related Retiree Medical Trust funds and benefit plans, to such extent as they may determine.

8.28 Mergers.

It is recognized that at some time or times in the future, the Trustees may deem it in the best interest of the Trust Fund and of the participating employers, employer associations, labor organizations, and employees to accept the merger of another employee welfare benefit trust fund into the Trust Fund or to merge the Trust Fund into another employee welfare benefit trust fund.

In the event that another employee welfare benefit trust fund is to be merged into the Trust Fund, the Trustees shall have the authority to negotiate the terms of the merger, enter into an appropriate merger agreement, and carry out the steps necessary to consummate the merger. In the event that the Trust Fund is to be merged into another employee welfare benefit trust fund, the Trustees shall have the authority to negotiate the terms of the merger and enter into an appropriate merger agreement, subject to written approval from the Board of Directors of PORAC. Pursuant to the terms of the merger agreement, the Trustees shall have authority to terminate the Trust Fund subject to Section 13.2 hereof, and to transfer the remaining monies, assets, and liabilities to the other trust fund.”

8.29 Interpretation and Application of Documents.

The Trustees shall have the authority to interpret and apply the provisions of this Trust Agreement, or of the benefit plans, or of their own motions, resolutions, and administrative rules and regulations, or of any contracts, instruments, or writings that they may have adopted or entered into.

SECTION 9. CONTRIBUTIONS AND COLLECTIONS

9.1 Contribution Reporting Forms.

The Trustees may create and make available, at their discretion, contribution reporting forms.

9.2 Contribution Due Date.

The Trustees shall have the authority to fix a due date for all contributions.

9.3 Delinquent Contributions.

A participating employer shall be considered to be delinquent in the payment of contributions if it (a) fails to submit a contribution reporting form, and the contributions detailed therein, by the close of business on the due date; or (b) fails to submit contributions on behalf of

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all the employees for whom contributions are required by the underlying collective bargaining agreement or Special Agreement; or (c) fails to compute properly the contributions according to the required contribution formula specified in the underlying collective bargaining agreement or Special Agreement.

The Trustees shall undertake reasonable efforts, at the expense of the Trust Fund, to collect known delinquent contributions and related claims.

9.4 Audit of Employer Books and Records.

The Trustees shall have the authority, at the expense of the Trust Fund, to audit the payroll books and records of a Participating Employer, either directly or through a qualified public accountant, as they may deem necessary in the administration of the Trust Fund. Such payroll audit may be undertaken pursuant to a routine payroll audit program or on an individual basis. If the auditor reports underreporting of more than 10% of the amount due, the Trustees may seek to recover audit costs from the employer.

9.5 Protection of Employees in Cases of Employer Delinquency.

To protect participating employees and beneficiaries in situations where participating employees may be denied eligibility credits or benefits because their employer is delinquent in the payment of contributions, the Trustees shall have the authority to extend eligibility credits to such employees or to direct the payment of benefits to them, or to their beneficiaries, in whole or in part, as they may determine.

9.6 Coordination with Provisions in Collective Bargaining Agreements.

In the event the underlying collective bargaining agreement contains provisions relating to delinquencies that specify additional remedies or obligate the delinquent employer to greater amounts of liquidated damages, interest, or attorney fees than those set forth herein, the Trustees, at their option, may pursue the additional remedies or impose the greater charges.

The Trustees shall not be obligated, however, to pursue the collection of delinquent accounts through the grievance-arbitration procedures (if any) provided for in the underlying collective bargaining agreement.

SECTION 10. CLAIMS AND APPEAL PROCEDURES

10.1 Procedures to be Followed.

The Trustees and the participating employees and their beneficiaries shall have the authority to set claims and appeal procedures in regard to the benefit plans. Such procedures shall be set forth in the plan(s) adopted by the Trustees, or in the related summary plan description.

Such procedures, together with any written hearing procedures adopted by the Trustees, shall be the exclusive procedures available to a participating employee who is dissatisfied with an

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eligibility determination or benefit award, or who is otherwise adversely affected by any action of the Trust Office.

10.2 Exhaustion of Administrative Remedies.

A Beneficiary must exhaust the Claims and Appeal Procedures adopted by the Trustees prior to bringing an action in federal court pursuant to ERISA Section 502(a).

SECTION 11. LIMITATIONS

11.1 Liabilities and Debts of Trust Fund.

No signatory party or Trustee and no participating employer, employer association, labor organization, employee, or beneficiary shall be responsible for the liabilities or debts of the Trust Fund.

11.2 Liabilities and Debts of Participating Parties.

No participating employer, employer association, or labor organization shall become responsible by reason of their participation in the Trust Fund for the liabilities or debts of any other participating employer, employer association, or labor organization.

Except for any obligation to make contributions to the Trust pursuant to a Special Agreement or Subscription Agreement, a Participating Employer shall have no obligation to provide benefits to which its employees may be entitled under a collective bargaining agreement to the extent that those benefits are provided under a plan funded through the Trust. A Participating Employer shall not be a fiduciary of the Trust or any employee benefit plan funded through the Trust, and shall have no responsibility or liability for Trust investments or the income tax treatment of Trust earnings or benefits provided under such plan.

11.3 Personal Liabilities of Trustees.

No Trustee shall incur any personal liability in connection with the administration of the Trust Fund or the benefit plans, except for such liability that may be established in accordance with Section 409(a) of the Employee Retirement Income Security Act of 1974.

Except as may be required by applicable provisions of such Act, no Trustee shall be held personally liable for any breach of fiduciary responsibilities in connection with the administration of the Trust Fund or the benefit plans where it is established (a) that the responsibilities at issue were lawfully allocated or delegated to other Trustees or fiduciaries; or (b) that, in carrying out the responsibilities at issue, the Trustee reasonably relied upon the advice given by the administrative agent or by one or more of the advisers retained by the Trustees.

No Trustee shall be personally liable for a breach of fiduciary responsibilities if such breach was committed before he became a Trustee or after he ceased to be a Trustee.

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11.4 Judgments Against Trust Fund.

Any money judgment against the Trust Fund shall be enforceable only against the Trust Fund entity and shall not be enforceable against any Trustee or other person, unless liability against the Trustee or other person, in his individual capacity, is established in accordance with Section 409(a) of the Employee Retirement Income Security Act of 1974.

11.5 Participating Parties’ Rights.

Except as specifically provided for in this Trust Agreement or in the benefit plans, no participating employer, employer association, labor organization, or employee, nor any beneficiary of a participating employee shall have any right, title, or interest in or to the Trust Fund, or in or to the contributions, or in or to the benefits provided.

No participating employee shall be entitled to receive any part of the contributions in lieu of the benefits provided through a benefit plan, nor shall a participating employee who does not qualify for benefits, or his employer, have any claim to the contributions which may have been paid on his behalf.

11.6 Cessation of Participation.

In the event a participating employer, employer association, or labor organization, or groups thereof should cease participation in the Trust Fund, there shall be no division or allocation of any of the monies or assets of the Trust Fund, except as may be required by law.

11.7 Protection of Trust Fund, Contributions, and Benefits.

No part of the Trust Fund (including the contributions) or the benefits payable under the benefit plans shall be subject in any manner, by a participating employee or beneficiary, to anticipation, alienation, sale, transfer, assignment, encumbrance, or charge, and any such attempt shall be null and void, provided that the Trustees may recognize assignments of benefits from a participating employee or beneficiary to a doctor, hospital, or other person or institution that has treated or cared for, or provided services or goods to, the participating employee or beneficiary.

Further, no part of the Trust Fund (including the contributions) or the benefits payable under the benefit plans shall be liable for the debts of a participating employee or beneficiary, nor be subject in any manner to garnishment, attachment, lien, charge, or any other legal process brought by any person against a participating employee or beneficiary, and any such attempt shall be null and void.

11.8 Reliance Upon Written Documents.

The Trustees may act upon any written letter, report, certificate, instrument, or other document submitted to them by any participating employer, labor organization, employee, or beneficiary, or by any other person, where such document appears to be genuine and to be signed

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by the proper person or persons, and the Trustees shall be under no duty to make any investigation or inquiry as to any statement contained in any such document.

11.9 Agents of Trust Fund.

The Trust Fund is an entity separate and apart from the participating employers, employer associations, and labor organizations. Accordingly, unless authorized in a motion or resolution of the Board of Trustees, no participating employer, employer association, or labor organization, nor any individual employed thereby, shall have any authority to act or function for or on behalf of the Trust Fund or as an agent thereof.

Likewise, unless authorized in a motion or resolution of the Board of Trustees no individual Trustee shall have any authority to act or function for or on behalf of the Trust Fund or as an agent thereof.

SECTION 12. MISCELLANEOUS

12.1 Trust Fund Offices.

The Trust Fund shall maintain a principal office and sub-offices, where necessary, in such locations as the Trustees may determine.

12.2 Applicable Laws and Regulations.

This Trust Agreement shall be interpreted, and the Trust Fund shall be administered, in accordance with the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the regulations pertinent thereto, and other applicable statutes and regulations, as such statutes and regulations presently exist or as they may hereafter be amended.

References herein to particular sections of the above-mentioned statutes shall include any regulations pertinent to such sections and any subsequent amendments to such sections or regulations.

12.3 Service in More than One Fiduciary Capacity.

Any Trustee or other person who is a fiduciary may serve the Trust Fund in more than one fiduciary capacity.

12.4 Notices.

Any written notice permitted or required by this Trust Agreement shall be personally delivered to the person for whom it is intended or sent to such person at his residence or business address by first class mail or prepaid telegram.

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{14032/A0657311.1}

12.5 Severability.

If any provision of this Trust Agreement, or of the benefit plans, is held to be illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining portions of the Trust Agreement or of the benefit plans.

12.6 Titles and Words.

The titles of the various articles and sections of this Trust Agreement are inserted solely for convenience of reference and are not a part of, nor shall they be used to construe, any term or provision hereof. Whenever any words are used herein in the masculine gender, they shall be construed as though they were used in the feminine gender, and words in singular form shall be construed as though they were used in the plural form, in all cases where they would so apply.

SECTION 13. AMENDMENTS AND TERMINATION

13.1 Amendments.

This Trust Agreement may be amended by action of the PORAC’s Board of Trustees, after thirty (30) days advance written notice to the Board of Directors, which notice shall be sent to the PORAC President with the proposed Amendment attached to the Notice.

13.2 Termination.

This Trust Agreement may be terminated at any time by action of the PORAC Board of Directors on its own accord after fifteen (15) days’ advance written notice to the Trustees; or by action of the Trustees after thirty (30) days’ advance written notice to the PORAC. Notice may be waived by the party entitled to notice.

In any event, this Trust Agreement shall be automatically terminated upon the expiration of all Memoranda of Understanding, special agreements, and subscription agreements requiring the payment of contributions to the Trust Fund, and upon completion of the termination process.

Provided that for purposes of this provision a Memorandum of Understanding or special agreement shall not be deemed to have expired in a strike or impasse situation, unless said strike or impasse continues for more than twelve (12) months.

As part of the termination process, the Trustees may arrange for retention of an independent Trustee to administer the wasting trust.

13.3 Allocation Upon Termination.

Upon the termination of this Trust Agreement, the Trustees shall wind up the affairs of the Trust Fund. Any and all monies remaining in the Trust Fund, after the payment of expenses, shall be allocated among the participating employees and beneficiaries as specified in Section 501, et seq., of the Internal Revenue Code and related authority.

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AMENDMENT NO. 4
TO THE

TRUST AGREEMENT

GOVERNING THE

PORAC RETIREE MEDICAL TRUST
{14032/A0796178.5}
Dr. 11/12/23
The Board of Trustees of the PORAC Retiree Medical Trust does hereby amend the Trust Agreement Governing the PORAC Retiree Medical Trust, restated effective January 1, 2022, and as amended thereafter (Dr. 11/11/21 including Ams. 1-3) (the “Trust Agreement”). Legal counsel for the Trustees gave notice by email to the Board of Directors of the Peace Officers Research Association of California (“PORAC”) through its President Brian Marvel and legal counsel Robert Bonsall on August 1, 2023. This Amendment No. 4 shall be effective on December 1, 2023.

Trust Discretion to Terminate Participation of a member Association and Participating Employer. In order to affirm the right of the Board of Trustees of the PORAC Retiree Medical Trust (the “Trust”) to terminate the participation of any bargaining unit or other group that participates in the Trust, the following changes are made to Section 5:
a. The last paragraph of Section 5.2 is deleted; and
b. A new Section 5.5 is added, as follows:
“5.5 Termination of Participation.

The Trustees have the authority to decline or terminate the participation of any bargaining unit or other group of employees (e.g., Non-Bargaining Unit Employees under Section 5.3) that participate in the Trust Fund as described in Section 5 hereof, if: (a) the labor organization and the employer fail to provide the Trustees with a copy of their collective bargaining agreement; (b) the language of the contribution provisions in the collective bargaining agreement does not meet the requirements established by the Trustees (if any); (c) the labor organization fails to submit a subscription agreement binding it to this Trust Agreement, if required; (d) the negotiated contribution rate is lesser, or greater, than the contribution rate supporting a particular benefit plan then being administered by the Trustees, provided that the Trustees, in their discretion, may accept the different contribution rate and establish different eligibility rules or benefit formulas for the employees affected; (e) the Participating Employer fails to provide the Trustees with census data and/or contribution reports that meet the requirements established by the Trustees; or (f) there exist other facts and circumstances that, in the Trustees’ discretion, justify a declination or termination of participation.”
Approved by the Board of Trustees on January 22, 2024, and effective as stated above.

For the BOARD OF TRUSTEES, Receipt Acknowledged: For the PORAC Retiree Medical Trust PORAC BOARD OF DIRECTORS
______________/ s / ___________________ ______________/ s /___________________ Trustee Date For the Board of Directors
______________/ s /____________________ ____________________________________ Trustee Date Print Name Date
____________________________________
Title

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AMENDMENT NO. 24
TO THE

MEDICAL EXPENSE REIMBURSEMENT PLAN
OF THE

PORAC RETIREE MEDICAL TRUST
{14032/A0774983.4}
Dr. 04/26/23
The Board of Trustees of the PORAC Retiree Trust (the “Trust”) does hereby amend the Medical Expense Reimbursement Plan, restated effective January 1, 2022 (incl. Plan Amendments No. 1-21) (Dr. 11/1/21), and as amended thereafter (the “Plan”), as follows:

1. The Plan’s Right to Reimbursement for Overpaid Benefit Payments. Section 3.1(e) is revised as follows:
“(e) Recoupment of Overpaid Benefits. If the Trust overpays benefits in regard to a Beneficiary, the Trust Office, as directed by the Trustees, shall request repayment of the overpayments from the Beneficiary. If the Beneficiary fails to repay the Trust for the amount of the overpayment, the Trust Office, as directed by the Trustees, shall recoup the overpaid amount from the Beneficiary’s future benefit payments. The Beneficiary will be obligated to repay the Trust for overpaid benefits, as requested by the Trustees. This section will be administered as allowed by law.”

2. Timing for Trust Office’s Claim Decision. Section 4.2 is deleted and revised to read as follows:
“4.2 Acceptance or Denial of Claims by the Trust Office (a) Standard Claim Decision – Timing. The Trust Office shall consider each claim for Plan benefits and determine whether to grant or deny coverage under the Plan. Subject to Sections 4.2(b) and 4.2(c) below, the Trust Office shall send written notification of its decision to a Beneficiary not later than thirty (30) days after receipt of the Beneficiary’s claim. This thirty (30) day period shall commence upon the Trust Office’s receipt of any piece of claim documentation or information from the Beneficiary, irrespective of whether the Beneficiary has provided all of the documentation and information necessary for it to determine the claim. If coverage is granted, the Beneficiary shall receive payment as stated in Section

3.6(d). If the claim is denied, the Beneficiary has the right to appeal the claim, pursuant to Section 4.3 hereof and the Plan’s “Appeal Procedures,” if any, available from the Trust Office. The denial notification shall include the following information:
(1) The specific reason(s) for such denial;
(2) Specific reference to the Plan provisions upon which the denial is based;
(3) A statement that the Beneficiary is entitled to receive, upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the Beneficiary’s claim for benefits;

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Amendment No. 24 to the
Medical Expense Reimbursement Plan of the
PORAC Retiree Medical Trust

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{14032/A0774983.4} 2
(4) A description of any additional material or information necessary for the Beneficiary to perfect the claim and an explanation of why such material or information is necessary;
(5) A statement identifying any internal rules, guidelines, protocols, or other similar criteria relied upon in the denial, copies of which will be provided free of charge to a Beneficiary upon request;
(6) An explanation of the Plan’s “Appeal Procedures,” if any, with respect to the denial of benefits and a statement of the Beneficiary’s right to bring an action under ERISA Section 502(a) after exhausting the Plan’s appeal procedures; and
(7) A description of the Plan’s limitation period for filing a lawsuit against the Plan for benefit payments, as stated in Section 4.4(b) hereof. (b) Extension of Time – Special Circumstances. If the Trust Office determines that special circumstances require an extension of time for processing the claim, written notice of the extension shall be furnished to the Beneficiary prior to the termination of the initial thirty (30) day period referenced in Section 4.2(a) hereof.

The Trust Office’s extension notice shall: (i) inform the Beneficiary that it needs the extension; (ii) explain the special circumstances that require the extension; (iii) identify any additional information it may need from the Beneficiary (if the extension is needed due to insufficient information); and (iv) confirm the date by which the Trust Office expects to render a benefit determination. In no event shall such extension exceed a period of fifteen (15) days from the end of the initial 30- day period.
(c) Extension of Time to Submit Claim Information and Documentation. If the Beneficiary fails to submit all necessary information and documentation to allow the Trust Office to decide the claim, the period of time for the Trust Office to make a benefit determination may be extended for one 15-day extension period, pursuant to Section 4.2(b) hereof, and may not further extend the time for making its decision on the claim unless the Beneficiary agrees in writing to further extend the deadline.

The Beneficiary shall be allowed at least forty-five (45) days from his or her receipt of the Trust Office’s request for additional information within which to provide the Trust Office with the additional information requested. In such case, the 15-day extension period, and any remaining portion of the initial 30-day period, for the Trust Office to decide the claim is tolled from the date on which the request for additional information is sent to the Beneficiary. This tolling period shall expire on the earlier of: (i) the date that the Trust Office receives a response from the Beneficiary, without regard to whether the Beneficiary’s response provides all of the information and documentation requested and necessary for the Trust Office to decide the claim; or (ii) the date of the deadline established by the Trust Office for

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AMENDMENT NO. 26
TO THE

MEDICAL EXPENSE REIMBURSEMENT PLAN
OF THE

PORAC RETIREE MEDICAL TRUST
{14032/A0802463.14}
Dr. 08/16/23
The Board of Trustees of the PORAC Retiree Medical Trust (the “Trust”) does hereby amend the Medical Expense Reimbursement Plan, restated effective January 1, 2022 (incl. Plan Amendments No. 1-21) (Dr. 11/1/21), and as amended thereafter (the “Plan”), as follows:

1. Section 1.7(a)(3) is revised to clarify that the Trust’s pooled account may receive investment earnings and losses on Employee Account assets received by the Trust Office, prior to the Trust Office transferring such Employee Account assets to the investment portfolio selected by the Account Beneficiary. Therefore, the second sentence of Section 1.7(a)(3) is revised as follows, effective September 1, 2023:
“The pooled account is a common investment account for monthly Pooled Contributions.

The pooled account will also include, and be credited or debited with, investment gains and losses from Contributions intended for an Employee Account prior to the Trust Office transferring those Contributions to the investment portfolio selected by the Account Beneficiary.”

2. Section 3.5(a)(3) is revised to clarify that the Plan will not credit investment gains and losses on Contributions to an Account Beneficiary’s Employee Account balance until the Trust Office transfers those new Contributions intended for an Account Beneficiary’s Employee Account to the investment portfolio selected by the Account Beneficiary, as indicated on the Account Beneficiary’s portfolio selection form. Therefore, Section 3.5(a)(3) shall read as follows, effective September 1, 2023:
“(3) Investment gains and losses on the Employee Account balance, net of any applicable investment fees or expenses, which shall be credited to, or deducted from, the Employee Account balance only on funds that the Trust Office has transferred to the investment portfolio selected by the Account Beneficiary, pursuant to rules established by the Trustees. Investment gains and losses earned on the Contributions intended for an Account Beneficiary’s Employee Account balance prior to the Trust Office transferring those Contributions to the investment portfolio selected by the Account Beneficiary will be credited to or debited from the Trust’s pooled account, and the Account Beneficiary has no right to these investment gains, nor does the Trust have any right to recoupment of these investment losses from the Account Beneficiary’s Employee Account.”

3. A new Section 3.5(b) is added as follows, effective retroactive to January 1, 2022, and the remaining Subsections of Section 3.5 are renumbered accordingly and references thereto are adjusted throughout the Plan.
“(b) Selection of Investments for Employee Account. In accordance with the rules set by the Trustees, Employees, Eligible Retirees, or Contributory Retirees may select an investment portfolio for the balance of their Employee Account only during the following periods, either: (1) upon the initial establishment of the Employee Account; or (2) during the annual investment selection period, provided the selection is made within the deadline

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Amendment No. 26 to the
Medical Expense Reimbursement Plan of the
PORAC Retiree Medical Trust

Page 2 of 2 ends

{14032/A0802463.14} 2
included in the investment selection packet. The investment selected during these two periods will remain in place until the next annual investment selection period.

Employees, Eligible Retirees, and Contributory Retirees may not select an investment option for their Employee Account during any other period (e.g., no change in investment selection when the Employee Account receives additional funding).” Approved by the Board of Trustees on November 15, 2023, and effective as stated above.

For the BOARD OF TRUSTEES,
PORAC Retiree Medical Trust
________________/ s /_________________ _________________/ s / ________________ Trustee Trustee
____________________________________ ____________________________________ Print Name Print Name

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AMENDMENT NO. 27
TO THE

MEDICAL EXPENSE REIMBURSEMENT PLAN
OF THE

PORAC RETIREE MEDICAL TRUST
{14032/A0820434.3}
Dr. 11/3/23
The Board of Trustees of the PORAC Retiree Medical Trust (the “Trust”) does hereby amend the Medical Expense Reimbursement Plan, restated effective January 1, 2022 (incl. Plan Amendments No. 1-21) (Dr. 11/1/21), and as amended thereafter (the “Plan”), as follows:

1. Clarification of Surviving Spouse Benefits. The Board of Trustees amends the Plan to clarify that Surviving Spouses includes Surviving Spouses of Employees, not only Surviving Spouses of Eligible Retirees, who meet the requirements for eligibility for benefits, except for attainment of age 55 and separation from employment with a Participating Employer, and that the Surviving Spouse of an Employee or Eligible Retiree who has not yet attained the age of eligibility for benefits, shall receive benefits under the Plan for up to twenty-four months, prior to the date that the Surviving Spouse attains age 55. Therefore, the second sentence of Section 1.22 is revised as follows, effective retroactive to September 1, 2008:
“1.22 ‘Surviving Spouse’ means the lawful spouse, as defined in the Internal Revenue Code, who was in that status at least 12 months on the date of the Eligible Retiree’s death. Also, the Surviving Spouse of an Employee who satisfies Sections 2.1(a)(1), 2.1(a)(2), and

2.1(a)(3) shall be considered a Surviving Spouse.”
Additionally, Section 3.4(b) is revised to read as follows, effective retroactive to September 1, 2008:
“(b) Surviving Spouse and Surviving Children. The coverage of a Surviving Spouse of an Employee or Eligible Retiree who dies prior to the Eligible Retiree’s or Employee’s age 55 shall terminate after benefits have been paid for a period of twenty-four (24) consecutive months starting in the month after the death, and shall resume in the month that the Surviving Spouse attains the eligibility age of the deceased Employee, and continue until the Surviving Spouse’s death. The coverage under the Plan of Surviving Children shall terminate on the date that the last Surviving Child no longer meets the definition of a Child in Section 1.5 hereof.”

2. Update to Plan Section References. Effective retroactive to July 1, 2023, the reference to Section 1.8(a) and 1.8(b), as stated under Plan Amendment No. 25 is revised to Section 1.9(a) and

1.9(b) to reflect that Plan Amendment No. 25 amended the Sections 1.9(a) and 1.9(b) under the definition of “Covered Expenses.”
Approved by the Board of Trustees on November 15, 2023, and effective as stated above.

For the BOARD OF TRUSTEES,
PORAC Retiree Medical Trust
_____________/ s /____________________ ______________/ s /___________________ Trustee Trustee
____________________________________ ____________________________________ Print Name Print Name

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AMENDMENT NO. 28
TO THE

MEDICAL EXPENSE REIMBURSEMENT PLAN
OF THE

PORAC RETIREE MEDICAL TRUST
{14032/A0852817.8}
Dr. 4/25/24
The Board of Trustees of the PORAC Retiree Medical Trust (the “Trust”) does hereby amend the Medical Expense Reimbursement Plan, restated effective January 1, 2022 (incl. Plan Amendments No. 1-21) (Dr. 11/1/21), and as amended thereafter (the “Plan”), as follows:

1. Definition of Association. The Board of Trustees amends the Plan to provide that the definition of Association includes labor organizations outside of California that meet the out-of-state limited membership requirements of PORAC. Therefore, the Section 1.2 is revised as follows, effective when an Association from a fourth state commences contributions to the Trust:
“ ‘Association’ means: (a) A lawful labor organization located in California that is a member association in PORAC, represents Employees, and is party to a Memorandum of Understanding with a Participating Employer; or (b) A lawful labor organization that represents Employees who are employed in states outside of California and that meet the requirements to be out-of-state limited member associations in PORAC, provided that participation of that organization in the Trust is approved by the Board of Trustees; or (c) Any rational class of employees of a participating employer that is the subject of a Special Agreement, provided that participation of that employee class in the Trust is approved according to rules set by the Board of Trustees.”

2. Rate of Leave Transfers for Management Associations. The Board of Trustees amends the Plan to provide that the percentage rate of accrued leave transfer that the Plan will accept for Associations of management employees cannot exceed the percentage of accrued leave transfer for non-management employees at the same employer. However, Associations of management employees who, prior to January 22, 2024, had MOU language providing for transfer of a higher percentage of accrued leave to the Plan than non-management employees at the same employer shall be permitted to maintain that MOU language in future MOUs. Therefore, effective for all other Associations of management employees on or after January 22, 2024, the following new sentences are added to the end of Section 1.7(b):
“The percentage rate of allowable Leave Transfers for Associations of management Employees under this Plan shall not exceed the percentage rate of Leave Transfer set forth in the MOU of the non-management Employees at the same employer. I.e., the Plan shall not accept Leave Transfers for management Employees at a rate higher than for the nonmanagement Employees at the same employer.”

3. Deposits of Leave Transfers The last two sentences (not including the addition in Section 2 above) are deleted from Section 1.7(b), effective May 9, 2024 (i.e., the following sentences are deleted):
“Leave transfers shall be deposited, at least initially, into Individual Accounts. Under certain circumstances, Leave Transfers may be moved later to the Trust’s pooled account, as set forth in Sections 2.2(c) and 3.5(a) herein.”

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Item 5e
Department: Public Works
Cost Center: 6102
For Agenda of: 10/15/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Hai Nguyen Senior Civil Engineer
SUBJECT: AUTHORIZATION TO ADVERTISE MILL STREET SEWER
REPLACEMENT PROJECT, SPECIFICATION NO. 2000561

RECOMMENDATION

1. Approve the project plans and specifications for Mill Street Sewer Replacement, Specification Number 2000561; and

2. Authorize staff to advertise for bids; and

3. Authorize the City Manager to award the Construction Contract pursuant to Section

3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $2,400,000; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget and any amended budget subsequently approved by the City Manager up to $200,000.

POLICY CONTEXT
The City Council approved the Wastewater Collection System Infrastructure Renewal Strategy in January 2016. The plan identified a strategy for prioritizing pipeline replacement in the wastewater collection system to serve existing customers and future development in the City.

On May 17, 2022, Council approved a Purchasing Policy Update to the Financial Management Manual that requires Council approval for Public Projects that cost over $200,000.

DISCUSSION
Background
Replacement and rehabilitation of wastewater collection (sewer) pipes is part of an ongoing program to maintain aging and deteriorating infrastructure. This program has several objectives: 1) ensure reliable removal of wastewater; 2) reduce the need for emergency repairs; 3) reduce the need for preventative maintenance; and 4) ensure uninterrupted wastewater flow without health or environmental hazards from wastewater leakage. This project will accomplish these objectives for a portion of the City’s wastewater collection system.

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Item 5e
The Project
The project plans (Attachment A) and specifications (Attachment B) propose to replace 3,595 linear feet of sewer mains on Morro Street, Mill Street, Toro Street and Santa Rosa Street. The existing sewer pipes planned for replacement work have been video inspected and confirmed to have reached the end of their useful life.

Previous Council or Advisory Body Action
This Project was identified in the 2021-23 Financial Plan that was approved by Council with a budget of $1,620,000. Council approved an additional $253,000 in the 2023-25 Financial Plan. Council also adopted the FY 2024-25 Supplement Budget and approved an additional $1,100,000 for the project on June 4, 2024.

Public Engagement
Public engagement was conducted during the initial identification of this project to be included in the 2021-23 and 2023-25 Financial Plans. In addition, public comment was open at the Council Meeting when the 2024-25 Supplemental Budget was approved.

CONCURRENCE
This project has the concurrence of the Utilities Department.

ENVIRONMENTAL REVIEW
The project consists of replacement of existing sewer mains within existing streets, and a portion of the project site is located within a potentially archaeologically sensitive zone.

Based on the scope and location of the project, it is consistent with previously adopted Initial Study/Mitigated Negative Declaration (IS/MND) ER10-07 and no subsequent or supplemental environmental review is warranted. Mitigation measures approved through IS/MND ER10-07 are included in the project’s specifications and will be followed by the City’s contractor, consistent with the requirements of the California Environmental Quality Act (CEQA).

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-23
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Sewer Fund: $2,769,714 $2,769,714 $0 N/A
Total $2,769,714 $2,769,714 $0 N/A

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Item 5e
Mill Street Sewer Replacement (2000561)
Construction Estimate $2,400,000
Contingencies $350,000
Material Testing $10,000
Archaeological Monitoring $9,214
Printing $500
Total Cost of Project $2,769,714
Total Available Funding $2,769,714
Remaining Balance $0
Sewerline improvements identified in this project are described in the 2021-23 Financial Plan. Funding for this project is available in the Project Account (2000561) which has a current balance $2,769,714 and will provide sufficient funding to support the project costs.

ALTERNATIVES
Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as the sewer mains included in this project has reached the end of useful life and pose a high risk of catastrophic failure, requiring expensive repairs.

ATTACHMENTS
A - Project Plans (Spec. 2000561)
B - Project Specifications (Spec. 2000561)

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index to plans
sheet no. description
san luis obispo county, california
SPECIFICATION NO. DATE SHEET
2000561 FILE NO./LOCATION 1 of 9

MILL STREET

SEWER REPLACEMENT
SEPTEMBER 2024

DEAD OR UNUSED SEWER LATERAL, VERIFY
CONDITION. ABANDON IN PLACE IF DEAD,
UNUSED, OR CAPPED.

CONNECT SEWER LATERALS AND MARK TOP OFCURB WITH THE LETTER "S" PER ENG. STD. 6810.

DS DS
SS SS

1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR PERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT U.S.A." TOLL FREE AT 1-800-227-2600 FORTY-EIGHT (48)

HOURS PRIOR TO START OF CONSTRUCTION, FOR LOCATION OF POWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUND FACILITIES. CONTRACTOR OR PERMITEE SHALL ALSO CONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OF CABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUND FACILITIES.

2. THE CONTRACTOR SHALL POSSESS A CLASS "A" OR "C-34" LICENSE AT THE TIME OF BID OPENING.

3. TIE OUT CENTERLINE MONUMENTS BEFORE WORK AND REPLACE IF DISTURBED IN ACCORDANCE WITH THE LAND SURVEYORS ACT, AND SECTION 5-1.36E, REPLACE MONUMENT AND WELL PER ENG. STD. 9020.

4. THE CONTRACTOR MUST REPLACE ALL PAVEMENT STRIPES, MARKINGS, AND MARKERS DISTURBED DURING CONSTRUCTION. ALL PAVEMENT STRIPES AND MARKINGS WITHIN 5 FEET OF THE DISTURBED AREA MUST BE REPLACED. ALL STRIPING IS PER STATE STANDARD PLANS AND PER PER ENGINEERING STANDARD SPECIFICATION 84-1.01A.

5. SEWER MAIN WITH LESS THAN 1% SLOPE MUST BE INSTALLED WITH FLOAT ROCK AS BEDDING AND INITIAL BACKFILL. SEE ENG. STD. 6020, NOTE 10 FOR ADDITIONALREQUIREMENTS.

6. CONNECT EXISTING VCP SEWER MAIN TO NEW MANHOLE WITH 3 FOOT PVC STUB AND STRONG BACK RC COUPLINGS.

7. CONNECT EXISTING HDPE SEWER MAIN TO NEW MANHOLE WITH 3 FOOT HDPE STUB AND FUSED COUPLINGS OR BUTT FUSION.

8. CONNECT EXISTING PVC SEWER MAIN TO NEW MANHOLE WITH 3 FOOT PVC STUB AND PVC COUPLINGS.

9. ALL PVC AND HDPE PIPE CONNECTIONS MUST BE MADE WITH POLY-CAM SERIES 731 COUPLINGS OR APPROVED EQUAL.

10. ALL PIPE LENGTHS ARE APPROXIMATE. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL PIPE LENGTHS.

11. APPROXIMATE LOCATION OF LATERALS ARE SHOWN ON PLANS. LOCATING LATERALS IS

THE RESPONSIBILITY OF THE CONTRACTOR AND ANY DAMAGE TO A LATERAL MUST BE REPAIRED IMMEDIATELY AND AT NO COST TO THE CITY.

12. ALL NEW MANHOLE MUST BE COATED PER SECTION 77-3.03D OF THE PROJECT SPECIAL PROVISIONS.

Reference Documents:

City Standard Specifications - 2020 EditionCity Engineering Standards - 2020 Edition 1 2
3 4
56 7
89 COVER SHEET

MORRO STREETMILL STREETMILL STREETMILL STREETMILL STREET

TORO STREET

SANTA ROSA STREETSANTA ROSA STREET
SEWER MANHOLE FLOW DIAGRAMSCHEMATIC. TROUGH VARIES WITH PIPE LAYOUT. ARROWS INDICATE FLOW DIRECTION.
(E) STORM DRAIN(E) SEWER(E) WATER(E) GAS(E) OIL
SD SD
SS SS
W W
G GO O
(E) TELEPHONE(E) FIBER OPTIC

ABANDONED SEWERABANDONED WATER
T T
FO FO
AS AS
AW AW
Project Locations

APPROVED BY
No. C 79870
BRIAN A. NELSON

C I V I L
Brian A. Nelson, City Engineer R.C.E. C79870 Approved Date

SIZE & INV

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230
235
240
245
250
255
230235240245250255
9+75 10+00 10+25 10+50 10+75 11+00 11+25 11+50 11+75 12+00 12+25 12+50 12+75 13+00 13+25 13+50 13+75 (N) 360' - 8" HDPE SEWER, S = 3.42% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER STA. 9+89.20
(E) SSMH K09-11
RIM = 235.94'
8" IN 229.50' (NW)8" OUT 229.40' (SW)
STA. 13+48.88
(N) SSMH K09-1
RIM = 249.42'
8" IN 241.90' (NE)
8" OUT 241.80' (SE)

CONNECT TO (E)SEWER MANHOLE
PER ENG. STD. 6610
(E) TELE
(E) TELE
(E) TELE
(E) 10" PVC WATER
(E) TELE
(E) FIRE

SERVICE
(E) ELECTRIC
(E) TELE
(E) ELECTRIC
(E) ELECTRIC (E) TELE
(E) TELE

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S SS

SS SS SS SS SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS
S

SS SS SSSD SD SD SD
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SD
W
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T
T T

T T T T T T T T T T T T T T T T T T T T T T T T T T
T
T
T
T
T
T
T
T
T
T
T
T
T

T T T T T T
T
T
T
T
T
T

T T T T T T T T T T T T T T T T T T T T T T T T T

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T

T T T T T T T T T T
T

T T T T T T T T T T T T T T T T T T T T T T T T

T T T T T T T T T T

T T T T T T T T

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W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W

WWWWWWWWWW

AW AW AW AW AW AW AW AW AW

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW W

WWWWWWWW

AW AW AW AW AW AW AW
W
WW

W W W W W W W
W W
W
WWWWW
WWWW
WWWWW
WW

W W W W W W W
W
W
W
W
W W
W

T T T T T T T
E
E
E
E
E
E
EEE

E E E E E E E E E E
DU
SS
SS SS
DU DU
SS SS
SS
SS
DU DU
DU DU
DU

SS SS SS

DU DU DU
GGG
G

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T TTTT
T
T
T
T
T
T
T
T
T
T
T
T

E E E E E E E E E E E E E E

E E E E E E E E E E E E E E E E E
T
T
TT
TT
E
E
E
T
T
T
T
T
T
E E
E
C
C
E
E
E
E
C
E
C
E
T
TT
E
T
E
E E
EE
EEEE
EEE
T
E
E
T
W W
10 + 00 11+00 12 +00 13 + 00 14 +00
(N) 360' - 8" HDPE SEWER
STA 9+89.20
(E) SSMH K09-11
RIM = 235.94'
STA 13+48.88
(N) SSMH K09-1
RIM = 249.42'
34'
7' 4' 7'

MORRO ST

PALM ST
(E) 8" PVC WATER (2006)
ABANDONED (E) 8" CI WATER
(E) 2" GAS(E) TELEPHONE(E) TELEPHONE

MILL ST
00 + 20 00
(N) 341' - 8" HDPE SEWER
(E) 8" PVC SEWER
(E) 8" PVC SEWER
(E) 8" PVC SEWER
(N) 360' - 8" HDPE SEWER
(E) 8" PVC WATER (2006)
ABANDONED (E) 8" CI WATER
(E) TELEPHONE
(E) TELEPHONE
(E) 8" PVC WATER (1982)
ABND (E) 6" CI WATER
(E) 2" GAS
(E)2" GAS (E)2" GAS
(E) 10" PVC WATER
(E) 10" TELEPONE
4' 12'
(E) TELEPHONE (E) TELEPHONE
(E) 2" GAS
ABANDONED (E) 8" CI WATER
(E) 8" PVC WATER(E) 8" TELEPHONE
(E) 10" DIP WATER
ABANDONED (E) 6" CI WATER
(E) 2" GAS
(E) SSMH K09-11
8" IN 229.50
8" OUT 229.40

REMOVE AND REPLACE
SSMH K09-1
PER ENG. STD. 6610
8" IN 241.90
8" IN 229.80
(E) TELEPHONE
(E) 10" PVC WATER
0 SCALE IN FEET
20 40

MORRO STREET
2 HORIZ1" = 20'
VERT 1" = 4'
SEE SHEET 3
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX

Page 124 of 566 ends

STA. 19+94.01
(N) SSMH K09-1
RIM = 249.42'
8" IN 241.90' (NE)
8" OUT 241.80' (SE)
STA. 23+35.22
(N) SSMH K08-42
RIM = 253.78'
8" IN 247.10' (NE)
8" OUT 247.00' (SW)
(N) 341' - 8" HDPE SEWER, S = 1.49% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (N) 498' - 8" HDPE SEWER, S = 1.36% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (E) TELE
(E) 8" WATER
(E) TELE
(E) FIRE

SERVICE
(E) TELE
(E) TELE
(E) FIRE

SERVICE
(E) TELE
(E) TELE
(E) GAS
(E) TELE
(E) 10" DIP WATER
(E) TELE
GG
GGGG
GG

G G G G G G G G G G G G G G G G G G G G G G G
GG
GG
GG
GGG
G

G G G G G G G G G G G G G G G G G G G G G G G G G G G G G GG
G
G
GG
G
G

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS
S

SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS
SS
SS
SS
W
TTTT
T
T
T
T
T
T
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T T T T T T T T T T T T T T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
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TT
TTT
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TTTTTTTTT
W
W
WW
W
WW
W

W W W W

AW AW AW

AW AW AW AW AW AW AW AW AW AW AW AW AW AW
AW
T
T
T
T
T
T

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T

W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW

W W W W W W W W W W W W W W W W

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW W
WWWWW
WWW

W AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW W W W W W W W W W W W W W W W W W
WW
WW
WW
WWW
WWWW
W
W
T
TT
TTT
T
E E E
WW
W
W
DU DU
DU
DU
DU
SS
SS
DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS
SS
SS

DU DU DU
W
DU
DU

DU DU DU

SS SS SS

DU DU DU

SS SS SS T T T T T T T T T T T T T T T
TTT
TTT
T
T
T
T
GG
GGGG
G
TTTT

TTTTTTT
TTTTTT
T
TTT
TT
TTT
TT

T T T T T T T T T T T T T T T T T T T T
T
TTT
TT
T T
T
T
T
T
T
T
T
T
TT
T
T
T
T
T
T

T T T T T T T
T
T
T
T
T
T
T
T
T
T

T T T T T T T T T T T T T T T T T T T
EEE
EEE
EE

EEEEEEE
EE
T
T
T
T
T
T
T
T

T T T T T T T T T T T
T
E
C
T
T
TS
T
T
T
T
T
T
T
STA 23+35.22
(N) SSMH K08-42
RIM = 253.78'
(N) 341' - 8" HDPE SEWER
STA 19+94.01
(N) SSMH K09-1
RIM = 249.42'
20 + 00 21+ 00 22 + 00 23 +00 24 +00 25 +00

MILL ST

MORRO ST

OSSO ST
(E) 8" PVC WATER (1982)
ABANDONED (E) 6" CI WATER
(E) 2" GAS(E) TELEPHONE
40'
18' 13'
40'
17' 13'
(N) 341' - 8" HDPE SEWER

MILL ST
(N) 360' - 8" HDPE SEWER
(E) TELEPHONE
ABANDONED (E) 8" CI WATER
(E) 8" PVC WATER (2006)
(E) 8" PVC WATER (1982)
ABND (E) 6" CI WATER
(E) 2" GAS(E) TELEPHONE
(N) 498' - 8" HDPE SEWER
(E) 8" PVC WATER (1982)
(E) TELEPHONE
(E) 2" GAS
(E) TELEPHONE
(E) TELEPHONE
(E) 8" PVC WATER
(E) 8" TELEPHONE
ABANDONED (E) 8" CI WATER
(E) 2" GAS
5' 4'
(E) 2" GAS (E) 2" GAS
(E) 10" DIP WATER (1982)
(E) 10" DIP WATER (1982)
7'
ABANDONED (E) 4" WATER ABANDONED (E) 4" WATER
3'

REMOVE AND REPLACE
SSMH K08-42
PER ENG. STD. 6610
8" OUT 247.00 8" IN 247.10

REMOVE AND REPLACE
SSMH K09-1
PER ENG. STD. 6610
8" IN 241.90
8" OUT 229.80

TAKE PRECAUTION

PROTECT (E) CONDUITS

PROTECT
(E) TELE MH

REPLACE WATER WELL AND
COVER PER ENG. STD. 6340
19+75 20+00 20+25 20+50 20+75 21+00 21+25 21+50 21+75 22+00 22+25 22+50 22+75 23+00 23+25 23+50 23+75 24+00 24+25 24+50 24+75 25+00 25+25 240
245
250
255
260
265
270
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX
0 SCALE IN FEET
20 40
3 HORIZ1" = 20'
VERT 1" = 4'
MATCHLINE - STA. 25+25.00: SEE SHEET 4
SEE SHEET 2
MATCHLINE - STA. 25+25.00: SEE SHEET 4

MILL STREET

Page 125 of 566 ends

STA. 28+33.49
(N) SSMH K08-34
RIM = 262.92'
8" IN 254.00' (NE)
8" IN 254.00' (NW)
8" OUT 253.90' (SW)
(N) 498' - 8" HDPE SEWER, S = 1.36% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (N) 511' - 8" HDPE SEWER, S = 1.49% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (E) FIRE SERVICE
(E) TELE
(E) TS
(E) ELECTRIC (E) 8" DIP WATER (E) 10" GAS
(E) TS
(E) FIRE SERVICE

G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G W
WW
W
W
WW
W
W

SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS
WW
W

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T

W W W W W W W W W W W W W W W W W W

W W W W W W W W W

W W W W W W W W W W W W W W W W W W W W W W W W W

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW

AW AW AW AW AW AW AW AW
W
W
W
W
W
W
W
W
W

AW AW AW AW AW AW AW AW W
WW
W
W
W
W
W
W
W
W
WW
WW
W
W
W
WW
WW
SS

DU DU DU
SS
DU
SS
SS
DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU
DU
DU

DU DU DU
DU
DU
SS
DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS
G
G
G
GG
G
GG
G
G
G
GG
GG
G
G
G

G G G G G G G G G G G G G G G G G G G G
T
T
T
T
T
T
T
T

T T T T T T T T T T T T T T T T T T T T T T T T
TT
T
TT

TS TS TS TS TS

TS TS TS TS TS TS TS TS TS TS

TS TS TS TS TS TS TS TS

TS TS TS TS TS TS TS
TS

TS TS TS
TS
TS
TS TS

W W W W W
SS SS
T
TT
T
TT
TT
TT
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
E
GGG
GG
GG
GGGG
G
G
GG
G
G

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T
T
T
T
T
E
T
W
WW
T
T

T T T T T T T T T T T T T T T T T T T T T T T T T
(N) 498' - 8" HDPE SEWER
STA 28+33.49
(N) SSMH K08-34
RIM = 262.92'
26 +00 27 + 00 28 + 00 29 +00 30 + 00 31+

MILL ST

SANTA ROSA
(E) 8" PVC WATER (1982)
ABANDONED (E) 6" CI WATER
(E) 2" GAS(E) TELEPHONE
40'
10' 20'
3'
7'
40'

15.7' 14.7' 9.6'

MILL ST
(N) 511' - 8" HDPE SEWER(E) 6" CI WATER (1943)(E) 2" GAS(E) TELEPHONE (E) 8" DIP WATER (1978)
(E) 10" GAS
(E) 8" HDPE SEWER
(E) 8" GAS
(E) 8" DIP WATER (1978)
ABANDONED (E) 4" WATER ABANDONED (E) 4" WATER ABANDONED (E) TS LOOPS (E) TS CONDUIT REMOVE AND REPLACE SSMH K08-34 PER ENG. STD. 6610 8" IN 254.00
8" IN 254.00
8" OUT 253.90

TAKE PRECAUTION

PROTECT (E) CITY CONDUITS

REPLACE CITY COMM
MH PER ENG. STD. 9030
25+25 25+50 25+75 26+00 26+25 26+50 26+75 27+00 27+25 27+50 27+75 28+00 28+25 28+50 28+75 29+00 29+25 29+50 29+75 30+00 30+25 30+50 30+75 31+00 240
245
250
255
260
265
270
275
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX
0 SCALE IN FEET
20 40
4 HORIZ1" = 20'
VERT 1" = 4'
MATCHLINE - STA. 31+00.00: SEE SHEET 5
MATCHLINE - STA. 25+25.00: SEE SHEET 3
MATCHLINE - STA. 31+00.00: SEE SHEET 5
MATCHLINE - STA. 25+25.00: SEE SHEET 3

MILL STREET
SEE SHEET 8

Page 126 of 566 ends

STA. 33+44.60
(N) SSMH K08-27
RIM = 268.66'
8" IN 261.70' (NE)
8" IN 261.70' (NW)
8" OUT 261.60' (SW)
STA. 36+35.76
(N) SSMH K08-23
RIM = 275.13'
8" IN 267.80' (NE)
8" OUT 267.70' (SW)
(N) 291' - 8" HDPE SEWER, S = 2.06% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (N) 511' - 8" HDPE SEWER, S = 1.49% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (N) 195' - 8" HDPE SEWER S = 4.73%, BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (E) TELE
(E) TELE
(E) 2" GAS (E) 8" PVC WATER
GG
GGGGG
GG

G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G GGG
GGG
GG

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W
W W

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T

W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WWW
WWWWWW

AW AW AW AW AW AW AW AW W
WWWWWW
WW

AW AW AW AW AW AW AW

W W W W W W W W W W W W W W W W W W W W W W W W

SS SS SS SS SS SS SS SS SS SS W
W
WW
WW

WWWWWWW
W
W
W
W
W
W
W
W
W
W
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TTTT
TTT
TTT
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TTTT
TT
T
T
T
T
TT
TTTT
T
T
T
T
T
TT
TTTT
T
TT
TTT
TTT
TT
DU
SS
SS
DU
SS
DU

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

SS SS SS
DU
SS
SS
DU
SS
SS
SS
DU

DU DU DU
DU

DU DU DU

G G G G G G G G G G G G G G G G G G G G G G
G
GG
G
G
GG
G
GGGGG
G
GGG
G
GG
G
GG
GG
G
GG
G
G
GG
G
G
GG
G
GG GG

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T (N) 511' - 8" HDPE SEWER
STA 33+44.60
(N) SSMH K08-27
RIM = 268.66'
STA 36+35.76
(N) SSMH K08-23
RIM = 275.13'
(N) 291' - 8" HDPE SEWER
+ 00 32 + 00 33 + 00 34 + 00 35 + 00 36 + 00
(E) 6" CI WATER (1943)(E) 2" GAS
(E) TELEPHONE

MILL ST

TORO ST
(E) 6" CI WATER (1943)(E) 2" GAS(E) TELEPHONE
40'
10' 19' 7' 4'
40'
10' 19' 7' 4'

MILL ST
(E) TELEPHONE
(E) TELEPHONE
(E) 2" GAS
(N) 288' - 8" HDPE SEWER
(E) 8" PVC WATER (2009)
ABANDONED (E) 10" CI WATER
(E) TELEPHONE
(E) 2" GAS
(E) 8" PVC WATER (2009)
ABANDONED (E) 10" CI WATER

REMOVE AND REPLACE
SSMH K08-27
PER ENG. STD. 6610
8" IN 261.70
8" IN 261.70
8" OUT 261.60
(N) SSMH K08-23
PER ENG. STD. 6610
8" OUT 267.70 8" IN 267.80

TAKE PRECAUTION

PROTECT (E) CITY CONDUITS

TAKE PRECAUTION

PROTECT (E) CITY CONDUITS
31+00 31+25 31+50 31+75 32+00 32+25 32+50 32+75 33+00 33+25 33+50 33+75 34+00 34+25 34+50 34+75 35+00 35+25 35+50 35+75 36+00 36+25 36+50 36+75 250
255
260
265
270
275
280
285
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX
0 SCALE IN FEET
20 40
5 HORIZ1" = 20'
VERT 1" = 4'
MATCHLINE - STA. 36+75.00: SEE SHEET 6
MATCHLINE - STA. 31+00.00: SEE SHEET 4
MATCHLINE - STA. 36+75.00: SEE SHEET 6
MATCHLINE - STA. 31+00.00: SEE SHEET 4
SEE SHEET 7

MILL STREET

Page 127 of 566 ends

STA. 38+30.31
(N) SSMH K08-18
RIM = 285.05'
8" IN 277.10' (NE)
8" OUT 277.00' (SW)
(N) 195' - 8" HDPE SEWER, S = 4.73% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (N) 492' - 8" HDPE SEWER, S = 2.01% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER (E) TELE (E) TELE (E) 2" GAS (E) 6" CI WATER

G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G GG
GGG
GGG
G
SS
SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

T T T T T T T T T T T T T T T T
T
T
T
T
T
T
T
T
TT

TTTTTTT
TT

W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W

W W W W W W W W W W W W W W W W W W
WWWWW
WWWWWW

WWWWWWW
WWW
W
W

W W W W W W
W
W
W W
WWW
WW
WW
WW
WW
WW
DU
SS
SS
DU
SS
DU

DU DU DU

SS SS SS DU DU DU

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

DU DU DU
SS
SS
SS
SS
SS
SS
SS
SS
SS
DU
DU
G
GGG
GGGG
GG
GG
GG
GG
G
GG
G
G
GG
G
GGGG
TT
TT
T

T T T T T T T T T T T T T T T T T T
T
T
T
T
T

T T T T T T T T T T T T T T
T
T
(N) 195' - 8" HDPE SEWER
STA 38+30.31
(N) SSMH K08-18
RIM = 285.05'
(N) 492' - 8" HDPE SEWER
37 + 00 38 + 00 39 + 00 40 + 00 41+ 00 42 + 00

JOHNSON AVE
(E) 4" CI WATER (1941)(E) 2" GAS
40'
10' 19' 6' 5' (E) 6" CI WATER (1943) (E) 2" GAS (E) TELEPHONE 40'
10' 20'

MILL ST
10'
(E) TELEPHONE
(E) 4" CI WATER (1941)
(E) 2" GAS
(E) 6" CI WATER (1943)
(E) TELEPHONE

REMOVE AND REPLACE
SSMH K08-18
PER ENG. STD. 6610
8" OUT 277.00 8" IN 277.10

TAKE PRECAUTION

PROTECT (E) CITY CONDUITS
265
270
275
280
285
290
295
300
36+75 37+00 37+25 37+50 37+75 38+00 38+25 38+50 38+75 39+00 39+25 39+50 39+75 40+00 40+25 40+50 40+75 41+00 41+25 41+50 41+75 42+00 42+25 42+50 CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX
0 SCALE IN FEET
20 40

MILL STREET
6 HORIZ1" = 20'
VERT 1" = 4'
MATCHLINE - STA. 42+50.00: SEE SHEET 7
MATCHLINE - STA. 36+75.00: SEE SHEET 5
MATCHLINE - STA. 42+50.00: SEE SHEET 7
MATCHLINE - STA. 36+75.00: SEE SHEET 5

Page 128 of 566 ends

STA. 43+21.83
(N) SSCO K08-12
RIM = 292.98'
8" OUT 287.00' (SW)
(N) 492' - 8" HDPE SEWER, S = 2.01% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER

G G G G G G G G G G
G
G
G
G
G
G
G
G
G
G
GG
G
GG
G

SS SS SS SS SS SS
W W
W
W
W
W
W
W
W
W
W
W
W
W

W W W W W W W W W W W
W
WW

SS SS SS
SS
SS
STA 43+21.83
(N) SSCO K08-12
RIM = 292.98'
43 + 00

PEPPER ST
40'

10.2' 20.5' 9.3'

MILL ST
(N) 492' - 8" HDPE SEWER
(E) 4" CI WATER (1941)(E) 2" GAS

REMOVE AND REPLACE
SSCO K08-12
PER ENG. STD. 6710
8" OUT 287.00
260
265
270
275
280
260265270275280
49+75 50+00 50+25 50+50 50+75 51+00 51+25 51+50 51+75 52+00 52+25 52+50 52+75 53+00 STA. 49+91.01
(N) SSMH K08-27
RIM = 268.66'
8" IN 261.70' (NE)8" IN 261.70' (NW)8" OUT 261.60' (SW) (N) 288' - 8" HDPE SEWER, S = 1.66% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER STA. 52+79.40
(N) SSCO K08-21
RIM = 272.45'
8" OUT 266.50' (SE)
(E) 6" CI
WATER
(E) 2" GAS
(E) TELEPHONE
42+50 42+75 43+00 43+25 43+50
280
285
290
295
300
305

G G G G
GGGGG
GGGGG

G G G G G G G G G G G G G G G G G G G G G G G G G G G G

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS T T T T T T T T T T T T T T T T T W W W W W W W W W W W W AW AW AW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW W W W W W W W W WSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T
T T T
T T
T
T
T
T

T T T T T T T T T T T T T T T T T T T T T T T T T T T
W
W
WWW

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T DU

SS SS SS

DU DU DU

SS SS SS
DU
DU
SS
SS
DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

SS SS SS

DU DU DU

DU DU DU
DU

DU DU DU
GGGGGG
GG

G G G G
G
GGG
GG
GG
GGGG
G

G G G G

T T T T T T

TTTTTTT
TTTTT

TTTTTTTT
TTTTT
T
T
WW
TTT
TTTT
TTT
TTTT
TTT
T
+ 33 00
+ 34 00
(N) 288' - 8" HDPE SEWER
(E) 8" PVC WATER (2009)
ABANDONED (E) 10" CI WATER
(E) 2" GAS(E) TELEPHONE
40'

15.8' 13.8' 3.4' 7.0'

TORO ST
50 + 00 51+00 52 +00 53 +00
(N) 288' - 8" HDPE SEWER STA 49+91.01 (N) SSMH K08-27
RIM = 268.66'
STA 52+79.40
(N) SSCO K08-21
RIM = 272.45'

MILL ST
(E) TELEPHONE(E) TELEPHONE
(E) 8" PVC WATER (2009)
ABANDONED (E) 10" CI WATER
(E) 2" GAS

REMOVE AND REPLACE
SSMH K08-27
PER ENG. STD. 6610
8" IN 261.70
8" OUT 261.60
8" IN 261.70

REMOVE AND REPLACE
SSCO K08-21
PER ENG. STD. 6710
8" OUT 266.50
(N) 511' - 8" HDPE SEWER (N) 291' - 8" HDPE SEWER REPLACE (E) CROSS GUTTER PER ENG. STD. 4310 CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

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HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX
0 SCALE IN FEET
20 40

TORO STREET
7 HORIZ1" = 20'
VERT 1" = 4'
MATCHLINE - STA. 42+50.00: SEE SHEET 6 MATCHLINE - STA. 42+50.00: SEE SHEET 6 SEE SHEET 5 SEE SHEET 5
0 SCALE IN FEET
20 40

Page 129 of 566 ends

240
245
250
255
260
265
270
240245250255260265270
57+00 57+25 57+50 57+75 58+00 58+25 58+50 58+75 59+00 59+25 59+50 59+75 60+00 60+25 60+50 (N) 289' - 6" HDPE SEWER, S = 3.29% BY OPEN TRENCHING & REMOVE (E) 6" VCP SEWER STA. 9+90.53
(E) SSMH K08-43
RIM = 252.07'
6" IN 243.50' (NW)6" OUT 243.40' (SW)
STA. 12+78.66
(N) SSCO K08-38
RIM = 261.12'
6" OUT 253.00' (SE)

CONNECT TO (E)

SEWER MANHOLE
PER ENG. STD. 6610
(E) TS
(E) TELE
(E) 10" PVC
WATER

W W W W W W W W W W W W W W W W W W W W W W W W W W W W W GG
GG
GG
G

G G G G G G

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W
W
WW
WW
WW
W

AW AW AW AW AW AW AW AW
W
W
W
W
W
W
W

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW

G G G G G G G G G G G G G G G G G G G G G G G G G G G
W W W

AW AW AW AW AW

T T T T T T T T T T T T T T T T T T T T T T T T T T T T T
T T

TS TS TS TS TS
W
W
WWWWW
WWWWW
WWWWW
SS SS
SS SS
SS SS
DU DU
SS SS
DU DU

DU DU DU DU

SS SS SS SS

DU DU DU DU

SS SS SS SS

DU DU DU DU
W
TS
TS
TS
TS
TS
TS

E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E

E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E G
TTTTT
T
T
T
T
T
T
T

T T T T
T
TT
T
T
T
T
TS
E CATV
TEL
E
TEL
CATV
E
E
CATV
E T
E
T
T
TS TS
E
E
E
E
E
E
E
E
E
TS
T E T
T
T
T
T
T
T

TS TS TS TS TS TS

TS TS TS TS TS TS
+ 00 58 + 00 59 + 00 60 + 00
(E) 8" DIP WATER (1978)
(E) 10" GAS
ABANDONED (E) 4" WATER
(E) 8" DIP WATER (1978)
(E) 10" GAS
ABANDONED (E) 4" WATER
64'
24'
(E) 10" PVC WATER (1993)
ABANDONED (E) 8" CI WATER
16' 12' 12'
(E) 8" CI WATER
(E) 6" VCP SEWER
(E) 10" PVC WATER (1993)
(E) 6" PVC SEWER
(N) 289' - 6" HDPE SEWER (N) 289' - 6" HDPE SEWER
STA 12+78.66
(N) SSCO K08-38
RIM = 261.12'
STA 9+90.53
(E) SSMH K08-43
RIM = 252.07'

SANTA ROSA ST

PALM ST
(E) ABANDONED 8" CI WATER

REMOVE AND REPLACE
SSCO K08-38
PER ENG. STD. 6710
6" OUT 253.00
(E) SSMH K08-43
6" OUT 244.90
6" OUT 245.00
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

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SEPTEMBER 2024
2000561
9 APPROVED: XXXX

SANTA ROSA STREET
8 HORIZ1" = 20'
VERT 1" = 4'
0 SCALE IN FEET
20 40
MATCHLINE - STA. 60+50.00: SEE SHEET 9
SEE SHEET 4

Page 130 of 566 ends

220
225
230
235
240
245
250
220225230235240245250
60+50 60+75 61+00 61+25 61+50 61+75 62+00 62+25 62+50 62+75 63+00 63+25 63+50 63+75 64+00 64+25 64+50 STA. 60+85.57
(N) SSCO K08-48
RIM = 247.89'
8" OUT 240.00' (SE)
(N) 12" DIP
STORM
(N) 334' - 8" HDPE SEWER, S = 6.92% BY OPEN TRENCHING

CONNECT TO (E)

SEWER MANHOLE
PER ENG. STD. 6610
(E) 15" PVC SEWER
STA. 64+18.95
(E) SSMH K09-7
RIM = 226.85'
8" IN 216.92' (NW)8" IN 216.92' (SW)
15" IN 216.92' (NE)15" OUT 216.82' (SE)

ABANDON
(E) SSMH
(E) TELE
(E) TELE
(E) TS
(E) TELE
(E) 2" GAS
(E) 8" PVC
WATER
G
G
G
G
G
G
G
G
G
G
G

G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G

SS SS SS

SS SS SS SS
W W
W

SS SS SS

SS SS SSSD SD SD
SD
SD

SD SD SD SD SD SD
SD
SD
D

SS SS SS SS

SS SS SS SS SS SS SS SS SS
SS
SS

SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS

SS SS SS SS SS SS SS TS TS
TS
TS
TS
TS
TS

TS TS TS TS TS TS TS

TS TS TS TS TS
TS
T
T
T
T
T
T T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
TT
T
T
E E E
E
E
E
E
E
E
E
E
E
E
E
E

E E E E
E
E
E
E
E
EE

E E E E E E E E
E

W W W W W W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W

W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W

AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW AW W
W
W
W
W W
W
W
W
W
G
G
G
G
G
G
G

T T T T T T T T T T T T T T T T T T T T T T T T T T
T

T T T T T T
WWWWW
DU

DU DU DU

SS SS SS

DU DU DU

SS SS SS

E E E E E E E E E E E E E E E E E E E E E E E E E E E E E

E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E GGG
G

TTTTTTTTTTTT

TTTTTTT
TS
TT E
T T
61+ 00 62 + 00 63 + 00 64 + 00
STA 60+85.57
(N) SSCO K08-48
RIM = 247.89'

SANTA ROSA ST

MONTEREY ST
15' 24' 25'
64'
(E) 10" PVC WATER (1993)(E) 10" GAS
ABANDONED (E) 8" CI WATER
(N) 334' - 8" HDPE SEWER
(E) PG&E CONDUITS
(N) 12" DIP (27 LF)
(E) 18" RCP
(E) 18" RCP
(E) TELEPHONE
(E) TELEPHONE
(E) 10" PVC WATER
(E) 15" PVC SEWER
(E) TELELPHONE
(E) 2" GAS
(E) 8" PVC WATER
(E) 8" PVC SEWER
(E) 15" PVC WATER
REMOVE
(E) SSMH
STA 64+18.95
(E) SSMH K09-7
RIM = 226.85'
ABANDON (E) 6" VCP SEWER
(E) 10" PVC WATER (1993)
ABANDONED (E) 8" CI WATER
ABANDON (E) 8" PVC SEWER
S=8.0%
2 1
2 RIM 227.27 INV 221.73
RIM 227.27
INV 224.30

REMOVE AND REPLACE
SSCO K08-48
PER ENG. STD. 6710
8" OUT 240.00
(E) SSMH K09-7
8" IN 216.92
8" IN 216.92 15" OUT 216.82
15" IN 216.92
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION HN

MILL STREET SEWER REPLACEMENT
HN
MB
BN
SEPTEMBER 2024
2000561
9 APPROVED: XXXX

SANTA ROSA STREET
9 HORIZ1" = 20'
VERT 1" = 4'
0 SCALE IN FEET
20 40

CONSTRUCTION NOTES
REMOVE (E) 22"X13" CMP AND INSTALL (N) 12" DIP STORM. TRENCH BACKFILL WITH 1 SACK SLURRY CONNECT TO (E) STORMDRAIN STRUCTURE PER ENG. STD. 3540
1 2
MATCHLINE - STA. 60+50.00: SEE SHEET 8

Page 131 of 566 ends

Page 132 of 566 ends

SPECIAL PROVISIONS
FOR

CITY OF SAN LUIS OBISPO
Mill Street Sewer Replacement
Specification No. 2000561
September 2024

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200

Page 133 of 566 ends

Mill Street Sewer Replacement
Specification No. 2000561
Approval Date: October 15, 2024
Hai Nguyen
October xx, 2024
Brian Nelson
October xx, 2024

Page 134 of 566 ends

TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION........................................................................................................................ II QUALIFICATIONS .................................................................................................................................... III AWARD .................................................................................................................................................... IV ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A BID ITEM LIST FOR MILL STREET SEWER REPLACEMENT, SPECIFICATION NO. 2000561 ........... A LIST OF SUBCONTRACTORS ................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION .......................................................................................................... F BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G QUALIFICATIONS .................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 1 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 1 8 PROSECUTION AND PROGRESS ................................................................................................... 2 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 2 14 ENVIRONMENTAL STEWARDSHIP ............................................................................................... 2 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 2 39 ASPHALT CONCRETE .................................................................................................................... 2 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 3 77 LOCAL INFRASTRUCTURE ............................................................................................................ 3 DIVISION IX TRAFFIC CONTROL DEVICES........................................................................................... 6 84 MARKINGS ....................................................................................................................................... 6 DIVISION XIII APPENDICES .................................................................................................................... 6 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 APPENDIX B – PROJECT MITIGATION MEASURES ................................................... 3 APPENDIX C – GEOTECHNICAL REPORTS ................................................................ 4

Page 135 of 566 ends

NOTICE TO BIDDERS
i

NOTICE TO BIDDERS

BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo California, 93401 until 11:00 a.m. on November 21, 2024
at which time they will be publicly opened and read aloud. Public bid opening may be accessed via Microsoft Teams video conference and conference call. In person attendance will be permitted. Attendees are encouraged to wear face masks and practice social distancing. Use the following link:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_MzdjYjU1N2ItMTIyMy00YTBiLWExODktYTcyNmM0NGM5NGE3% 40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9- 330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727- acd5a57b58ec%22%7d
or join by phone with this number: 1 (209) 645-4165 with Conference ID: 387 397 674# Submit bid in a sealed envelope plainly marked:

Mill Stret Sewer Replacement, Specification No. 2000561 Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid.

All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.

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NOTICE TO BIDDERS

NOTICE TO BIDDERS
ii
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals No printed copies are available for purchase at the City office.

Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.

All questions must be submitted through Bidsync and if the City determines that a response is required, the City will post an addendum on Bidsync. Contact the project manager, Hai Nguyen at 805-781-7108 or the Public Works Department at (805) 781- 7200 prior to bid opening to verify the number of addenda issued.

You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals.

PROJECT INFORMATION
In general, the project consists of the replacement of existing sewerlines by open trenching.

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NOTICE TO BIDDERS

NOTICE TO BIDDERS
iii
The project estimated construction cost is $2,400,000.

Contract time is established as 70 working days.

The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.

In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

QUALIFICATIONS
You must possess a valid Class A or C34 Contractor's License at the time of the bid opening.

You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.

Provide two referenced projects completed as the prime contractor and one referenced project completed as either the prime or subcontractor. All referenced projects must have been completed within the last SEVEN years from this project’s bid opening date.

All referenced projects must have installed a minimum of 1,500 linear feet of sewerline by open trenching including sewer lateral connections within Public Roadways under contract with a City, County, State or Federal government agency.

Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive.

The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.

The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the

1. knowledge

2. experience,

3. or is otherwise not responsible

Page 138 of 566 ends

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iv
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.

Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.

It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.

Protests must be filed no later than five working days after either:

1. bid opening date

2. notification of rejected bid.

Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.

Valid protests must contain the following information:

1. the reasons for the protest

2. any supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.

The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.

If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.

Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request.

AWARD
The lowest bidder will be determined using the BID TOTAL As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.

Page 139 of 566 ends

NOTICE TO BIDDERS

NOTICE TO BIDDERS
v
You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263.

ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Allie Genard at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781- 7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.

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A

BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together.

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

3. read the accompanying instructions to bidders
and propose to furnish all:

4. materials

5. labor
to complete all the required work satisfactorily in compliance with

6. plans

7. specifications

8. special provisions
for the prices set forth in the bid item list:

BID ITEM LIST FOR MILL STREET SEWER REPLACEMENT, SPECIFICATION NO. 2000561
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 7 TRAFFIC CONTROL PLAN AND
IMPLEMENTATION LS 1 ---------------
2 77 POTHOLING LS 1 ---------------
3 84 REPLACE TRAFFIC STRIPING &
MARKERS LS 1 ---------------
4 7 COMPLY WITH OSHA LS 1 ---------------
5 14
COMPLY WITH MITIGATION
MEASURES AND

ARCHAEOLOGICAL
MONITORING PLAN
LS 1 ---------------
6 77 ABANDON SEWERLINE,
MANHOLES AND FACILITIES LS 1 ---------------
7 77 SEWER BYPASS PUMPING LS 1 ---------------
8* 19 ROCK EXCAVATION CY 100
9 5,15 REPLACE MONUMENT AND
WELL EA 2
10 77
REMOVE EXISTING SEWERLINE
AND INSTALL NEW 8" HDPE
SEWERLINE BY OPEN

TRENCHING
LF 3595
11 77 INSTALL NEW MANHOLE EA 6

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BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 12 77 INSTALL COATING ON NEW
MANHOLE EA 8
13 77 REMOVE EXISTING MANHOLE EA 7
14 77 REMOVE EXISTING AND INSTALL
NEW CLEANOUT EA 4
15 77 CONNECT EXISTING SEWER
LATERAL TO SEWER MAIN EA 77
16 73 REPLACE CROSS GUTTER PER
ENG. STD. 4310 SQFT 30
17 77 REPLACE WATER WELL AND
COVER PER ENG. STD. 6340 LF 1
18 77
REMOVE EXISTING AND INSTALL
CITY COMM MANHOLE PER
ENG. STD. 9030
EA 1
19 77 REMOVE EXISTING AND INSTALL
NEW 12" DIP STORMDRAIN LF 27
20 77 CONNECT TO (E) STORMDRAIN
STRUCTURE PER ENG. STD. 3540 EA 2
21 77 CONNECT TO (E) SEWER
MANHOLE PER ENG. STD. 6610 EA 3
22* 77 RE‐GRADE SEWER LATERAL
BEYOND 5 FEET LF 100
23* 39, 96 PAVING GRID SQYD 100
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.
* Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted regardless of the final bid item quantity.
.

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BID FORMS
C

LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.

For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.

NOTE: If there are no subcontractors, write “NONE” and submit with bid.

Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid

Attach additional sheets as needed.

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BID FORMS

BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.

LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is

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BID FORMS

BID FORMS
E
under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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BID FORMS

BID FORMS
F

NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____

Notary Public
Company Name:____________________

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BID FORMS
G

BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.

Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .

The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City.

Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:

Business Name (DBA):

Owner/Legal Name:

Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers:

Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date

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BID FORMS
H

QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.

Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Did this project install a minimum of
1,500 LF of sewerline by open
trenching within public roadways?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Date project completed:

Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Date project completed:

Was this contract for a public agency?
Yes □ No □

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BID FORMS
I

ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:

That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.

Bidder Principal:

Signature Date
Title:

Surety:

Bidder's signature is not required to be notarized. Surety's signature must be notarized.

Equivalent form may be substituted
(Rev. 6-30-14)

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SPECIAL PROVISIONS
1 SPECIAL PROVISIONS

ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:

The work must be done in compliance with the City of San Luis Obispo, Department of Public Works:

1. Mill Street Sewer Replacement Special Provisions

2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition

3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of San Luis Obispo’s Standard Specifications.

Failure to comply with the provisions of these sections is a material breach of contract:

1. Sections 5 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:

Comply with the provisions of Sections 5, 7, 14, 15, 19, 39, 73, 77, 84 and 96 for general, material, construction, and payment specifics.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan All other work must be completed during normal working hours of Monday through Friday 7:00 a.m. to 4:00 p.m.

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SPECIAL PROVISIONS

SPECIAL PROVISIONS
2 No full width street closures will be permitted. Traffic control plans should consider any lane closures based on the following list of priorities (in order of most desired to least desired option):

1. Restrict parking on one or both sides as necessary in order to maintain two-way traffic circulation with minimum 10’ travel lanes

2. Two-way circulation with flaggers and minimum 10’ travel lane Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.

Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:

Provide a Level 1 schedule for this work.

DIVISION II GENERAL CONSTRUCTION
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-2.03A ARCHAEOLOGICAL RESOURCES, General Archaeological monitoring will be required due to proximity to archaeological sensitive areas. Monitoring will be performed by a consultant hired by the City. The contractor must comply with the Project Mitigation Measures approved through ER 10-07 and Archaeological monitoring plan (Appendix B). If archaeological cultural resources are identified during monitoring, the monitor will be empowered to halt construction. No additional payment will be made to the contractor for right of way delays. Full compensation for conforming to the requirements of this section shall be included in the lump sum price and no additional compensation will be allowed, therefore.

DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Add to Section 39-1.02B MATERIALS, Tack Coat
All vertical edges and surfaces to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges.

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SPECIAL PROVISIONS

SPECIAL PROVISIONS
3 Replace Section 39-1.02F MATERIALS, Reclaimed Asphalt Pavement (RAP) with:

Asphalt concrete with 25% RAP may be used for paving operations.

DIVISION VIII MISCELLANEOUS CONSTRUCTION
77 LOCAL INFRASTRUCTURE
Add to Section 77-1.03A(3) Groundwater
Float rock may be substituted for initial backfill when ground water is present per Engineering Standard 6020. Full compensation for removing water or dewatering excavations and backfilling with float rock is included in the payment for other bid items unless a bid item of work is shown on the Bid Item List.

Add to Section 77-1.03B(1) TRENCH CONSTRUCTION, General All abandoned waterlines encountered partially or entirely within the trench section for the new waterline must be removed and disposed of. The active/abandoned status of all waterlines has been shown on the plans. The Contractor must notify the City immediately if any waterline shown as abandoned is found to be active.

If, at any point during the project, a trench is excavated within 5 feet of the wall of the trench, of an active utility such as a waterline, or any other utility that could potentially break, the Contractor must provide shoring as necessary to prevent movement of existing lines.

Add to Section 77-1.03D Surface Restoration
Geotechnical borings and potholing of existing utilities indicate that the following streets are paved with AC over PCC and must be repaired with AC/PCC per Engineering Standard 4110 & 6020.
 Intersection of Santa Rosa and Mill
 Intersection of Santa Rosa and Palm
 Intersection of Santa Rosa and Monterey
 Mill Street (Santa Rosa to Pepper)
Morro and Toro are paved with 4 inches to 6 inches of AC. Repair trench paving must be with 6 inches of AC.

All other streets are paved with 4 inches to 10 inches of AC. Repair trench paving must be with 10 inches of AC.

Streets which contain a reinforcement fabric or grid must be “tee cut” with the width of the AC cut extending one foot beyond each side of the trench. A new layer of pavement reinforcing grid must be installed to match the existing pavement section.

Add to Section 77-3.02A(5) Sewer Lateral Pipe
Sewer lateral wyes must be fused HDPE. All PVC and HDPE pipe connections must be made with POLY-CAM Series 731 transition couplings. All VCP and HDPE pipe

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SPECIAL PROVISIONS

SPECIAL PROVISIONS
4 connections must made with POLY-CAM Series 731 transition couplings and Strong Back RC couplings.

Add to Section 77-3.03A(3) HDPE Pipe Joint
HDPE pipes jointed by heat fusion welding must be internally debeaded prior to installation.

Add to Section 77-3.03C Bypass Pumping
The Contractor must provide for the flow of sewage around the section or sections of pipe designated for repair. The pump(s) and bypass line(s) must be of adequate capacity to accommodate a sewage flow of 100,000 gallons per day.

Add Section 77-3.03D Manhole Coating
The existing manholes are coated and must be sand blasted and removed prior to the application of the new coating system.

Coating manholes shall include the following activities:
• Cleaning the manhole and prepare the manhole for one of the approved coating systems.
• Applying one of the approved coating systems, as specified herein. • Testing the finished surface coating, as required herein. • Other related activities, as noted herein.

Where designated in the plans, manholes must be coated with an approved corrosion protective coating applied to their interior surfaces, as specified herein. The approved coating system (as specified herein) shall be applied to all exposed brick, concrete, grout, mortar, and cementitious surfaces within the manhole, including unlined concrete pipes within the manhole, bench-to-pipe transitions, bench, risers, cones, adjusting rings, etc.

Coating of the metallic manhole frame and cover shall not be required.

The Contractor shall coat all manholes marked on the plans with a high-build polyurethane elastomer such as SANCON 100 or approved equal. The minimum thickness of 80 mils of elastomeric polyurethane must be applied. The Contractor is responsible for inspecting the existing manholes for leaks or concrete failures. The Contractor shall repair manhole prior to coating by patch or chemical grouting in accordance with coating manufacture recommendation and as directed by the Engineer.

Coating shall stop at the top of the cone or as directed by the Engineer. All pipe liner installation shall be completed prior to commencing any coating of manholes.

The Contractor shall provide a smooth transition and tight seal without any annular gaps between the completed manholes and the completed sewer pipe. The Contractor shall Spark Test the new manhole per NACE RP0274 standards. Spark Test shall be witnessed by the Engineer.

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SPECIAL PROVISIONS

SPECIAL PROVISIONS
5 The Contractor shall terminate the coating at the spring line of the channel with a 1/4" cut groove.

Materials shall be delivered to the site in factory sealed and labeled containers. Date of manufacture shall appear on each container. Materials shall be handled and stored according to the strictest requirements of the manufacturer and in accordance with all local, state and federal laws and regulations.

At each manhole, the Engineer shall inspect and accept the work completed to-date at the completion of each of milestones listed below before the Contractor shall commerce work on the next milestone:
 Completion of the cleaning and surface preparation activities required by these specifications.
 Completion of all void-filling activities and underlayment application, prior to surface coating application.
 Completion of the surface coating installation prior to testing.  Spark testing of the final surface coating as required by these specifications.  Final clean-up and inspection.

The Contractor shall provide a written warranty to cover workmanship and materials for each manhole coated with an approved corrosion protective coating for a period of not less than five (5) years from the date of final acceptance of the project. The warranty shall be delivered to the City prior to and as a condition of final acceptance for this project.

By executing this contract, the Contractor certifies and agrees that any testing performed by the City during construction (e.g., spark testing, adhesion testing and/or other testing) shall not in any way modify the warranty, nor relieve the Contractor for responding to defects during the warranty period.

Replace Section 77-3.03E Sewer Laterals with:

The Contractor must locate all existing sewer laterals and re-establish all live sewer lateral connections. Contractor must test all laterals using dye testing to confirm which laterals are in service (active) and which are dead. Dead or unused sewer laterals must be abandoned per Engineering Standard 6050. No payment shall be made for laterals that are determined to be out of service.

The Contractor must provide portable restrooms, one per lateral closed unless an agreement is reached between the Contractor and affected resident or business that a portable restroom is not necessary. All agreements must be in writing and a copy given to the Engineer. Portable restrooms must be placed at a location preferred by the affected resident or business, and they must be sanitized and cleaned as directed by the Engineer.

All portable restrooms must be removed from the public right away or private property at the end of each working day. The Contractor must immediately notify residents after their active sewer laterals are opened. Laterals must be put back into service the same day they are taken out of service.

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SPECIAL PROVISIONS

SPECIAL PROVISIONS
6 The Contractor must notify affected residents and businesses a minimum of 7 calendar days prior to installation and give a 24-hour reminder prior to installation. The Contractor must state in the notification that the owner must not use the sewer system, length of time the sewer will be unavailable, the contact person, and that a portable restroom with a hand washing station will be provided for their use during construction. The notification must state that an ADA accessible restroom will be provided upon request.

Payment for all work necessary to reconnect live sewer laterals to the new sewer line including re-grading of existing sewer laterals within 5 horizontal feet of point of connection to new sewer line shall be included in the contract price per connection for bid item “Connect Existing Sewer Lateral to Sewer Main.” The work necessary to re-grade existing sewer laterals to align with the new wye, in excess of 5 horizontal feet from the point of connection to the (N) sewer line, shall be paid by the lineal foot contract price for bid item “Re-grade Sewer Lateral Beyond 5 Feet.”

DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Add to Section 84-2.03C Application of Stripes and Markings:

Preformed thermoplastic is not allowed.

DIVISION XIII APPENDICES
Add 100-1.01 Appendices

1. Appendix A - Form of Agreement

2. Appendix B – Project Mitigation Measures

3. Appendix C - Geotechnical Reports

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APPENDIX

APPENDIX
0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).

WITNESSETH:

That the Owner and the Contractor for the consideration stated herein agree as follows:

ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.

It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.

ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:

Item
No.

Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)

1. 2.

3. BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.

Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.

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APPENDIX

APPENDIX
1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

3. Special Provisions, any Addenda, Plans and Contract Change Orders

4. Caltrans Standard Specifications and Standard Plans 2015

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Public Contract Code Sections 10285.1 Statement

8. Public Contract Code Section 10162 Questionnaire

9. Public Contract Code Section 10232 Statement

10. Labor Code Section 1725.5 Statements

11. Bidder Acknowledgements

12. Qualifications

13. Non-collusion Declaration

14. Agreement and Bonds

15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In

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APPENDIX

APPENDIX
2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.

CITY OF SAN LUIS OBISPO
A Municipal Corporation

__________________________________
Whitney McDonald, City Manager

APPROVED AS TO FORM CONTRACTOR:

Name of Company
________________________________

By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):

By:________________________________
Name of Corporate Officer
Its: ____________________

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APPENDIX

APPENDIX
3 APPENDIX B – PROJECT MITIGATION MEASURES

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Mill Street Sewer Replacement Project
Cultural Resources Monitoring Plan
prepared for
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, California 93401
prepared by
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
July 2024

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Please cite this Plan as follows:

Gonzalez, Matthew, Ken Victorino, Christopher Duran
2024 Mill Street Sewer Replacement Project Cultural Resources Monitoring Plan, San Luis Obispo, California. Rincon Consultants Project No. 24-16377. Report on file at Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, California 93001.

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Table of Contents
Cultural Resources Monitoring Plan i
Table of Contents
1 Introduction....................................................................................................................................1 Background .........................................................................................................................1 Project Location and Description........................................................................................1 IS-MND Mitigation Measure ...............................................................................................2 Archaeological Resource Preservation Program Guidelines...............................................3 Cultural Resource Sensitivity ..............................................................................................4 2 Monitoring Procedures...................................................................................................................7 Archaeological Construction Monitoring Requirements....................................................7 3 Archaeological Resources Discovery Plan.......................................................................................9 Discovery of Archaeological Resources ..............................................................................9 Discovery of Human Remains.......................................................................................... 10 4 Reporting of Monitoring Results and Curation of Finds.............................................................. 11 Reporting of Archaeological Monitoring Results............................................................. 11 Curation of Archaeological Finds..................................................................................... 11 5 Contacts....................................................................................................................................... 12 6 References................................................................................................................................... 13 Figures
Figure 1 Regional Location Map .......................................................................................................0 Figure 2 Aerial Map...........................................................................................................................1 Appendices
Appendix A Figures

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City of San Luis Obispo
Mill Street Sewer Replacement Project
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City of San Luis Obispo
Mill Street Sewer Replacement Project
Cultural Resources Monitoring Plan 1
1 Introduction
Rincon Consultants, Inc. (Rincon) was retained by the City of San Luis Obispo (City) to prepare a Cultural Resources Monitoring Plan (CRMP) in support of the Mill Street Sewer Replacement Project (project) in San Luis Obispo, California. The project proposes to replace existing sewer lines in downtown San Luis Obispo, which is an area designated as archaeologically sensitive (Figure 1 and 2: Appendix A). Therefore, this CRMP includes a records search conducted through the California Historical Resources Information System (CHRIS) Central Coast Information Center (CCIC) located at the Santa Barbara Museum of Natural History and a vibration assessment.

Background
An Initial Study – Mitigated Negative Declaration (IS-MND) Environmental Checklist form was completed in 2007 for trenching projects that would occur within the City’s public streets that are located within the City’s Archaeologically Sensitive Areas (City of San Luis Obispo 2007). The City’s Archaeological Resource Preservation Program Guidelines (ARPPG) define Archaeologically Sensitive Areas as those locations inside, or within 200 feet of, the boundaries of a known archaeological site; properties within 200 feet of the top of banks of major creeks; and areas inside a designated Historical District as shown on the City’s archaeological sensitivity maps on file at the Community Development Department (City of San Luis Obispo 2009). As a result of the IS-MND mitigation measures, specifically Cultural Resources Mitigation Measure 2, the City requires a CRMP to be developed for all trenching projects within these archaeologically sensitive areas, consistent with the City’s ARPPG (City of San Luis Obispo 2009). The current project is located between Old Garden/Brizzolara creek and San Luis Obispo creek, and partially within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts. Therefore, this CRMP summarizes the CHRIS CCIC records search for the project.

In addition, because the current project is located within the narrow rights-of-ways (ROWs) partially within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts, a vibration assessment was conducted to assist the City in protecting the historic-period buildings located immediately adjacent to the project. A brief summary of the vibration assessment is provided below.

The CRMP will outline the procedures and protocols for archaeological monitoring required by Cultural Resources Mitigation Measure 2 from the 2007 IS-MND, and will be consistent with the City’s ARPPG (City of San Luis Obispo 2007, 2009) for archaeological monitoring activities.

Project Location and Description
The project is located in downtown San Luis Obispo, between Old Garden/Brizzolara creek and San Luis Obispo creek, partially within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts. Specifically, the project is located within Township 30 South, Range 12 East, Section 26 of the San Luis Obispo, California United States Geological Survey (USGS) 7.5-minute topographic map (Figure 1: Appendix A).

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City of San Luis Obispo
Mill Street Sewer Replacement Project
2 The project will install approximately 0.75 mile of sewer lines within the Morro Street, Mill Street, Toro Street, and Santa Rosa Steet ROWs in downtown San Luis Obispo (Figure 2: Appendix A). The proposed project excavations for the sewer lines will reach depths between 5 and 10 feet. Most, if not all of the excavations will occur within soils which were previously disturbed during the installation of the existing sewer lines. During construction, the following equipment would be used:
excavator, backhoe, jumping jacks, roller, dump trailer, and a jackhammer. Rollers (assumed to be vibratory rollers) and large earthmoving equipment (such as an excavator and backhoe).

IS-MND Mitigation Measure
Cultural Resources a) b) c) d) Evaluation
The 2007 IS-MND for Utility Trenching in projects in the City of San Luis Obispo states:

Although projects may be in archaeologically sensitive areas as defined by the City’s Historical Preservation Program Guidelines [now ARPPG], the installation and replacement of utility within City streets will affect only previously disturbed and paved areas. Because the roadways are completely paved, no archaeological artifacts or features will be observable during pedestrian surveys. Although segments of trenching for utilities potentially pass by significant historical structures, construction will be limited to the roadbed and will not impact these buildings. Thus, no architectural evaluations or assessments are required for specific projects. Through archival research [and] the proximity of the creek these areas are considered to have an elevated potential for buried cultural deposits. Although it is unlikely that the remains of previous structures are present within the roadbed, the land the Historical Archaeological District (Downtown Core) and within 200 feet of the top of San Luis Obispo, Stenner, Brizzolara, Acacia, Old Garden, Prefumo and Froom Creeks, have been subject to human activity for at least 130 years. Moreover, prehistoric sites are typically found near water sources. Trenching in undisturbed soils would markedly increase the likelihood that archaeological remains would be encountered during utility installation.

It is recommended that all trenching projects in designated archaeological sensitive areas be monitored during utility line trenching and construction (City of San Luis Obispo 2007).

Cultural Resources Mitigation Measure 2
Cultural Resources Mitigation Measure 2 of the 2007 IS-MND states:

Areas within the Historical Archaeological District and 200 feet of the top of San Luis Obispo, Stenner, Brizzolara, Acacia, Old Garden, Prefumo and Froom Creeks are designated as archaeologically sensitive and shall be monitored during utility line trenching and construction projects. The Applicant shall submit an archaeological monitoring plan [CRMP] to the Community Development Director prior to Encroachment Permit issuance for these projects, consistent with the requirements of the City’s Archaeological Resource Preservation Guidelines.

The plans shall cover both the demolition/excavation and installation aspects of the projects.

Plans must identify the qualified historical archaeologist who will conduct the monitoring and include recommendations for specific procedures for responding to the discovery of archaeological resources during the demolition and construction of the project. If Native American artifacts or human remains are discovered within the project area, then the qualified Native American tribal representative or cultural community advisor shall be included as project monitors. The project archaeologist shall review the final engineering plans for the project to

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Mill Street Sewer Replacement Project
Cultural Resources Monitoring Plan 3
determine the exact impact and recommend if further studies are required as part of implementation of the plan (City of San Luis Obispo 2007).

Archaeological Resource Preservation Program
Guidelines
City of San Louis Obispo Archaeological Resources Preservation Program Guidelines: Monitoring of Construction Activities
Section 4.40.3.2: Archaeological Discoveries During Construction Site security: Site security shall be maintained by fencing and a resident caretaker or private professional security personnel, or other appropriate method to protect the resources from unauthorized collection to the Community Development Director’s (Director) approval. Site security measures shall be provided at the project applicant’s expense (City of San Luis Obispo 2009).

Section 4.40.3.3: Discovery of Human Remains
If human remains are exposed, there shall be no further excavation or site disturbance in the area likely to contain human remains until:

A. The County Coroner has been informed and determined that no investigation of cause of death is required; and
B. If remains are likely to be of Native American origin, the Coroner has contacted the NAHC, which will designate a Most Likely Descendant (MLD). The MLD may recommend the most appropriate disposition of the human remains and associated grave goods to the landowner or other responsible party, as provided in Health and Safety Code Section 7052 and 7050.5, and as provided in Public Resources Code Section 5097.98 and Section 15064.5(e) of the CEQA Guidelines.

C. Remains and grave goods uncovered must be documented as required by state law, or to the approval of the Director.

D. Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject further subsurface disturbance:
i. The NAHC is unable to identify a MLD, or the MLD failed to make a recommendation within 24 hours after being notified by the NAHC;
ii. The MLD identified fails to make a recommendation; or iii. The landowner or authorized representative rejects the recommendation of the MLD and mediation by the NAHC fails to provide measures acceptable to the landowner.

Section 4.60.1. Notification
If during the course of a project, archaeological materials are identified by the project archaeologist, archaeological monitor, tribal representative, City staff member, the project applicant or his/her representative or employee, all construction activities that may disrupt those materials shall cease.

The Director shall be notified immediately of the discovery of archaeological materials. Refer to Section 4.40.3.3 on Discovery of Human Remains (City of San Luis Obispo 2009).

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City of San Luis Obispo
Mill Street Sewer Replacement Project
4 Section 4.60.2. Field Study
Under most circumstances, the project applicant will be directed to retain a qualified professional archaeologist to immediately visit the site, evaluate the materials recovered and provide a written report to the Director recommending the appropriate course of action (City of San Luis Obispo 2009).

Section 4.60.3. Mitigation
If significant archaeological resources are present, the archaeologist shall propose specific mitigation measures in writing. The Director may approve, approve with changes or reject the mitigation proposal. The project applicant shall implement the proposal, to the satisfaction of the Director. A copy of the archaeologist's recommendations and the Director's decision will be forwarded to the Cultural Heritage Committee (CHC) (City of San Luis Obispo 2009).

Cultural Resource Sensitivity
The project site is located in the historic downtown area of the City, partially within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts, less than 150 meters (490 feet) from the Mission San Luis Obispo de Tolosa, and in between Old Garden/Brizzolara creek and San Luis Obispo creek. The presence of the creeks, previously recorded archaeological resources (see below), and the proximity of historical buildings increases the likelihood of encountering archaeological deposits within the project site. Given the project is within areas determined to be sensitive for archaeological resources, archaeological monitoring during construction will be required in accordance with Cultural Resources Mitigation Measure 2 of the 2007 IS-MND (City of San Luis Obispo 2007).

Cultural Resources Records Search
The CHRIS CCIC completed an in-house records search of the project site and a 1/8-mile radius surrounding it on June 28, 2024. The primary purpose of the records search was to identify previously recorded archaeological and built environment resources known to exist within or near the project site. The CHRIS CCIC records search also revealed the nature and extent of cultural resources studies previously conducted within the project site and its vicinity.

The CHRIS CCIC records search identified 139 previously recorded cultural resources consisting of two prehistoric archaeological sites, two multicomponent archaeological sites, five historic-period archaeological sites, and 130 historic-period built environment resources within the 1/8-mile radius.

Based on the site boundaries depicted on the CHRIS CCIC records search maps, two of these 139 previously recorded resources (CA-SLO-30 and CA-SLO-1424) are located within the project site and are described further below.

The CHRIS CCIC records search also revealed that 68 previously conducted cultural resources studies within the 1/8-mile radius of the project site. Seven of these studies (SL-02651, SL-03934, SL-05033, SL-05333, SL-05797, SL-06082, and SL-07078) include portions of the project site. However, none of these studies identified any cultural resources within the project site.

CA-SLO-30
Resource CA-SLO-30 was originally recorded on June 7, 1948, by A.R Pilling as four burials and shell/Pismo Clam exposed during excavations for the “new Pacific Telephone building.” According to

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City of San Luis Obispo
Mill Street Sewer Replacement Project
Cultural Resources Monitoring Plan 5
this recording, the remains were moved to the Sheriff’s office. It is also mentioned that the bodies may be associated with the Mission San Luis Obispo de Tolosa. Resource CA-SLO-30 is believed to have been completely destroyed by the construction activities. Even though the resource boundary provided by the CHRIS CCIC depicts CA-SLO-30 within the project site, due to the poor quality maps included with CA-SLO-30 site record, it is unknown if this resource was actually located within the project site, or adjacent to it.

CA-SLO-1424
Resource CA-SLO-1424 was originally recorded on May 17, 1973, by Jay Von Werlhof as an occupational site containing extensive midden, large deposits of Pismo Clam and whole abalone shells, metates, rubbing stones, a mortar, game ball, mano, and an anvil. Resource CA-SLO-1424 is believed to have been completely destroyed by “construction and cultivation.” Even though the resource boundary provided by the CHRIS CCIC depicts CA-SLO-30 within the project site, due to the poor quality maps associated with CA-SLO-1424, it is unknown if this resource was actually located within the project site, or adjacent to it.

Vibration Assessment
Due to the narrow ROWs in which the project is located, and because most of the project is located at least partially within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts, a vibration assessment (Pritchard and Carman 2024) was conducted to assist the City in protecting the historic-period buildings located immediately adjacent to the project. The City has not adopted quantitative thresholds to assess vibration impacts during construction or operational activities. Therefore, the vibration impact assessment criteria outlined in the Federal Transit Administration’s (FTA’s) Transit Noise and Vibration Impact Assessment Manual (FTA 2018) were used to evaluate potential construction vibration impacts to nearby sensitive historical receptors in the vicinity of the project site.

Historic-period structures are considered vibration-sensitive receptors due to their increased sensitivity to vibration, which may cause damage and degradation. Therefore, the vibrationsensitive receptors for the project include various historic-period structures along the project route within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts, which may be subjected to excessive vibration impacts during construction. Based on the project plans, these structures are located as close as 14 feet to the proposed construction work area.

The vibration assessment found that vibration impacts would be considered significant if vibration levels at surrounding historical structures were to exceed 0.12 inches per second (in/sec) peak particle velocity (PPV), which is the limit where vibration levels may cause damage to fragile or historic buildings. To present a conservative analysis of potential impacts, all buildings in the vicinity of the project site were considered potentially historic and vibration-sensitive receptors, especially those within the boundaries of the Downtown, Chinatown, and Mill Street Historic Districts, and were evaluated to the 0.12 in/sec PPV threshold.

During construction, the following equipment would be used: excavator, backhoe, jumping jacks, roller, dump trailer, and a jackhammer. Rollers (assumed to be vibratory rollers) and large earthmoving equipment (such as an excavator and backhoe) would produce the highest vibration levels. These types of equipment typically produce PPV between 0.089 and 0.21 in/sec vibrations at a reference distance of 25 feet. The use of this equipment during construction for the project would be used as close as approximately 14 feet to nearby buildings along the project route. At this distance, vibratory rollers would generate a vibration level of approximately 0.560 in/sec PPV, while

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City of San Luis Obispo
Mill Street Sewer Replacement Project
6 large earthmoving equipment would generate a vibration level of 0.237 in/sec PPV. At these closest distances, both equipment types could produce levels of vibration at nearby sensitive structures that exceed the FTA’s thresholds. In order to reduce project-generated vibration during construction, the following measures should be implemented by the construction contractor:
▪ Construction activities involving the use of a vibratory roller within 37 feet of a nearby historic building/structure shall be conducted using a static/pneumatic roller in lieu of the vibratory roller.
▪ Construction activities involving the use of earthmoving equipment (excavator, backhoe, etc.) within 21 feet of a nearby historic building/structure shall be conducted with offroad equipment limited to 100 horsepower (hp) or less.

Implementation of the above measures would reduce vibration produced by rollers and earthmoving equipment to levels below the FTA’s limit of 0.12 in/sec PPV threshold for potential architectural damage to historic buildings/structures. Use of a static/pneumatic roller would reduce vibration levels to 0.119 in/sec PPV at a distance of 14 feet (the minimum distance from the project to vibration-sensitive receptors). Similarly, use of small offroad equipment rated at 100 hp or less would reduce vibration levels to 0.007 in/sec PPV at a distance of 14 feet. Therefore, vibration impacts to sensitive buildings/structures in the vicinity of the project site would be below the limits established by the FTA for potential architectural damage to fragile and historic buildings/structures.

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City of San Luis Obispo
Mill Street Sewer Replacement Project
Cultural Resources Monitoring Plan 7
2 Monitoring Procedures
Archaeological Construction Monitoring
Requirements
In accordance with Cultural Resources Mitigation Measure 2 of the 2007 IS-MND, archaeological monitoring is required for all project-related ground disturbance in designated archaeological sensitive areas (City of San Luis Obispo 2007). Archaeological monitoring shall be conducted under the direction of a qualified professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historic archaeology (National Park Service [NPS] 1983; hereafter, Qualified Archaeologist). The archaeological monitoring will be conducted under the direction of Rincon Principal Investigator Ken Victorino, MA, RPA, and Principal in Charge Christopher Duran, MA, RPA. Both Mr. Victorino and Mr. Duran exceed the meet the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historic archaeology. The monitoring methods provided in this plan are designed to comply with Cultural Resources Mitigation Measure 2 of the 2007 IS-MND and the City’s ARPPG-4.60-1, 4.60-2, and 4.60-3 (City of San Luis Obispo 2007, 2009).

Archeological Monitoring Duties
An archaeological monitor shall be onsite during project-related earthmoving activities.

Earthmoving activities include, but are not limited to, vegetation removal, asphalt/concrete removal that extends into underlying soils, grading, boring, excavation, trenching, and all other excavation activities. The archaeological monitor does not need to be present during the utility pipe installation or backfilling. During monitoring, the monitor(s) shall examine the work areas for the presence of prehistoric artifacts (e.g., chipped stone tools and production debris, stone milling tools), historicperiod debris (e.g., metal, glass, housewares, ceramics, construction materials), and/or soil discoloration that might indicate an archaeological deposit or feature.

Daily Archaeological Monitoring Log
The archaeological monitor shall maintain a daily log documenting ground disturbing activity, work locations, soils descriptions, depths of ground disturbances, description and provenience of any archaeological discoveries (if any), and any necessary action items for monitoring. The monitoring forms shall be submitted to the City as an attachment to an archaeological construction monitoring report that will be prepared and submitted to the City subsequent to completion of all projectrelated earthmoving activities.

Archaeological Construction Monitoring Report
An Archaeological Construction Monitoring Report (ACMR) that outlines the methods and results of the archaeological construction monitoring effort will be prepared under the direction of the Qualified Archaeologist. The report will include maps, photographs and will include the daily monitoring logs completed by the construction archaeological monitor consistent with the ARPPG (City of San Luis Obispo 2009).

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San Luis Obispo City CouncilOctober 15, 2024

San Luis Obispo City Council
October 15, 2024