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RESOLUTION NO. 09 -293 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> PROVIDING FOR: (1) ADOPTION OF A TRUST TO FUND POST EMPLOYMENT <br /> BENEFITS OTHER THAN PENSION BENEFITS (OPEBs); (2) APPOINTMENT OF A <br /> TRUSTEE FOR THE TRUST; AND, (3) APPROVAL OF ASSET TRANSFER TO THE <br /> TRUST <br /> WHEREAS, the City of Pleasanton provides post employment benefits other than <br /> pension benefits, including retiree health benefits (collectively, "OPEBs to eligible retirees and <br /> their eligible dependents and survivors; and <br /> WHEREAS, the City Council wishes to establish a trust "Trust to fund OPEBs; and <br /> WHEREAS, establishment of the Trust is authorized under sections 53201, 53206, and <br /> 53622 of the California Government Code, and section 5 of article XIIIB of the California <br /> Constitution; and <br /> WHEREAS, the City Council intends that the Trust qualify as a trust for purposes of <br /> Governmental Accounting Standards Board "GASB Statement 43, pursuant to paragraph 4 of <br /> GASB 43, so that amounts held under the Trust will be treated as offsetting the unfunded OPEB <br /> liability that must be reported on the City's financial statements under GASB 45; and <br /> WHEREAS, the City Council further intends that contributions and transfers to, and <br /> earnings under, the Trust be exempt from taxes to the maximum extent permitted by law; and <br /> WHEREAS, the City Council wishes to appoint the City's Director of Finance as the <br /> Trust's trustee to hold Trust assets, and to invest Trust assets in accordance with the directions <br /> of the City Council or a committee appointed by the City Council; <br /> WHEREAS, the City has set aside monies in two Internal Service Funds intended to pay <br /> OPEBs, but because the Funds do not qualify as a trust under GASB, those monies will not be <br /> counted as offsetting, or "pre- funding," the unfunded OPEB liability reported on the City's <br /> financial statements; and <br /> WHEREAS, the City Council wishes to begin pre fundng the City's OPEB liability by <br /> transferring an amount not to exceed $7.7 million from that account to the Trust. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, AND DETERMINE AND ORDER THE <br /> FOLLOWING: <br /> SECTION 1. That the City Council hereby adopts the Trust, substantially in the form <br /> attached as Exhibit A, which Trust generally provides for the following: <br /> the Trust will qualify as a trust for purposes of Governmental Accounting <br /> Standards Board Statement 43 "GASB 43 pursuant to Paragraph 4 of GASB <br /> #43; <br /> the Trust will be tax exempt to the maximum extent allowed under section 115 of <br /> the Internal Revenue Code and applicable state and local law; <br />