HomeMy WebLinkAboutCC_2021_11_23_Amended AgendaPacket CITY OF ATASCADERO CITY COUNCIL AMENDED AGENDA
In accordance with City Council Resolution No. 2021-069 and the
requirements of AB 361, the City Council Meeting will not be physically open
to the public and City Council Members will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment
through the Zoom platform using the link above or by calling 805-538-2888 to listen
and provide public comment via phone.
If you wish to comment but not via a live platform, please email public comments to
cityclerk@atascadero.org by 12:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be forwarded to the City Council and made a part of the
administrative record. If a comment is received after the deadline for submission but
before the close of the meeting, the comment will still be included as a part of the
administrative record of the meeting but will be forwarded to the City Council the next
business day. Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the Minutes and available for review by contacting
the City Clerk's office. All documents will be available for public inspection by appointment during
City Hall business hours.
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CITY OF ATASCADERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, November 23, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
CLOSED SESSION – REPORT (IF ANY)
a. November 9, 2021
PRESENTATIONS: None.
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately Following
Regular Session
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A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – November 9, 2021
▪ Recommendation: Council approve the November 9, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. October 2021 Accounts Payable and Payroll
▪ Fiscal Impact: $3,552,746.20
▪ Recommendation: Council approve accounts payable, payroll and payroll
vendor checks for October 2021. [Administrative Services]
3. Sunken Gardens Tree Replanting and Protection
▪ Fiscal Impact: $16,500.00
▪ Recommendation: Council authorize the Administrative Services Director to
appropriate $16,500 of General Fund Reserves for the replanting and
protection of eight trees at Sunken Gardens. [Public Works]
4. Resolution Authorizing City Manager to Execute Participation Agreements
Regarding the Settlement of the National Opioid Litigation
▪ Fiscal Impact: The fiscal impact, assuming there is 100% participation by the
counties and cities in California will be $20,584.44 per year paid to the City
from the distributors for 18 years and $10,292.22 per year from Janssen for 9
years. There will be costs incurred by the City in administering the funds to
ensure spending for authorized purposes and also costs for complying with
the reporting requirements. If the City directs the funds to the County, then
the County will spend the funds and be responsible for the reporting
requirements.
▪ Recommendation: Council adopt Draft Resolution authorizing the City
Manager to execute participation agreements regarding the settlement of the
National Opioid Litigation. [City Attorney]
5. Virtual Meetings – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation Comments made during Community Forum will not be a
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subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Comments will be allowed for the entire 30 minute period
so if the final speaker has finished before the 30 minute period has ended and a member of
the public wishes to make a comment after the Council has commenced another item, the
member should raise their hand or call 805-538-2888 within the 30 minute period and the
Council will take up that comment upon completion of the item which was commenced. Any
members of the public who have questions or need information may contact the City Clerk’s
Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470-3400, or
cityclerk@atascadero.org.)
B. PUBLIC HEARINGS:
1. SB9 Urgency Ordinance (CPP21-0095)
▪ Fiscal Impact: None.
▪ Recommendations: Council continue the public hearing to the December 14,
2021 City Council Meeting to allow additional time for drafting and review of
proposed guidance and local objective standards for the implementation of
SB9 (urban lot splits and urban dwelling units). [Community Development]
C. MANAGEMENT REPORTS:
1. Sale of Chicago Grade Landfill
▪ Fiscal Impact: None.
▪ Recommendations: Council authorize the City Manager to send a letter to
Chicago Grade Landfill, Inc. providing written consent from the City of
Atascadero for the sale of Chicago Grade Landfill to Waste Connections. [City
Manager]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
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Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN REGULAR MEETING TO CLOSED SESSION
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 9510 Calle Milano, Atascadero, CA 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Curtis J. Coleman and Julie A. Coleman
Subject of Negotiations: Price and terms of payment.
4. CLOSED SESSION – ADJOURNMENT
5. CLOSED SESSION – REPORT (IF ANY)
Announcement(s) of any reportable action(s) taken in Closed Session that occur(s) after the adjournment of
Regular Session will be made at the beginning of the next Regular City Council meeting as Closed Session is
not recorded or videotaped.
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
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ITEM NUMBER: A-1
DATE: 11/23/21
Atascadero City Council
November 9, 2021
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 9, 2021
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
COUNCIL CLOSED SESSION: 5:30 P.M.
Mayor Moreno called Closed Session to order at 5:33 p.m.
1. ROLL CALL
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk, and
Mayor Moreno
Absent: Mayor Pro Tem Newsom
Others Present: None
Staff Present: By Teleconference – Administrative Services Director Jeri Rangel,
City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara
Christensen, and IT Manager Luke Knight
2. CLOSED SESSION -- PUBLIC COMMENT
The following citizens spoke by telephone or through the webinar on this item: Jed McClure
Mayor Moreno closed the Public Comment period.
3. COUNCIL LEAVES TO BEGIN CLOSED SESSION
IT Manager Knight did not attend this portion of the meeting.
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 6 of 102
ITEM NUMBER: A-1
DATE: 11/23/21
Atascadero City Council
November 9, 2021
Page 2 of 5
4. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9 (d) (1)
Name of Case: MDL 2804 Opiate Litigation in Northern District of Ohio
(Judge Aaron Polster)
b. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 9510 Calle Milano, Atascadero, CA 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: Curtis J. Coleman and Julie A. Coleman
Subject of Negotiations: Price and terms of payment.
5. CLOSED SESSION – ADJOURNMENT
6. COUNCIL RETURNS
7. CLOSED SESSION – REPORT (IF ANY)
City Attorney Pierik reported that there was no reportable action from Closed Session on
October 26, 2021 or on Closed Session Item a (above).
He noted that more time would be needed to complete the discussion on Closed Session
Item b and that Council would be recessing Closed Session until after the close of Regular
Session.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:01 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz and Funk, and
Mayor Moreno
Absent: Mayor Pro Tem Newsom
Others Present: Treasurer Sibbach
Staff Present: By Teleconference – Administrative Services Director Jeri Rangel,
Public Works Director Nick DeBar, Police Chief Robert Masterson, City
Attorney Brian Pierik, Deputy City Manager/City Clerk Lara Christensen,
Deputy City Manager Terrie Banish, Deputy Community Development
Director Loreli Cappel and IT Manager Luke Knight
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Council Member Funk to:
1. Approve this agenda; and,
Page 7 of 102
ITEM NUMBER: A-1
DATE: 11/23/21
Atascadero City Council
November 9, 2021
Page 3 of 5
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 4:0 by a roll-call vote. Newsom absent.
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 26, 2021
Recommendation: Council approve the October 26, 2021 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Unclaimed Funds
Fiscal Impact: This action will result in recognition of General Fund revenue in
the amount of $2,825.02.
Recommendation: Council transfer unclaimed Special Funds to General Fund.
[Administrative Services]
MOTION: By Council Member Dariz and seconded by Council Member Funk
to approve the Consent Calendar.
Motion passed 4:0 by a roll-call vote. Newsom absent.
UPDATES FROM THE CITY MANAGER:
Deputy City Manager Terrie Banish gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: Peggy
O’Malley, Wendy Lewis, and Geoff Auslen
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Integrated Waste Management Authority Resolution to Remain a Member
Agency, Amendments to the Joint Powers Agreement & Memorandum of
Understanding
Fiscal Impact: IWMA-related fees are a cost to solid waste customers that are
typically reflected in the rates paid at the landfill and for garbage collection.
Recommendations: Council:
Page 8 of 102
ITEM NUMBER: A-1
DATE: 11/23/21
Atascadero City Council
November 9, 2021
Page 4 of 5
1. Adopt Draft Resolution to remain a member agency of the San Luis Obispo
County Integrated Waste Management Authority provided certain
conditions are satisfied.
2. Adopt Draft Resolution authorizing execution of the San Luis Obispo
Integrated Waste Management Authority Joint Powers Agreement
Amendment #2 and the related Memorandum of Agreement Amendment #1.
[City Manager]
Deputy City Manager Christensen gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Geoff Auslen
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Council Member
Funk to:
1. Adopt Resolution No. 2021-070 to remain a member agency of
the San Luis Obispo County Integrated Waste Management
Authority provided certain conditions are satisfied.
2. Adopt Resolution No. 2021-071 authorizing execution of the San
Luis Obispo Integrated Waste Management Authority Joint
Powers Agreement Amendment #2 and the related Memorandum
of Agreement Amendment #1.
Motion passed 4:0 by a roll-call vote. Newsom absent.
2. Updated Atascadero Chamber of Commerce Contract
Fiscal Impact: $120,000 annually in budgeted funds.
Recommendation: Council authorize the City Manager to execute a new
contract with the Atascadero Chamber of Commerce. [City Manager]
Deputy City Manager Christensen gave the report and answered questions from the Council.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Funk and seconded by Council Member
Bourbeau to authorize the City Manager to execute a new contract
with the Atascadero Chamber of Commerce amending the last
sentence of Task D.2 to read: Using targeted, trackable
strategies such as geo-fencing, a series of ads will be placed to
capture interest.
Motion passed 4:0 by a roll-call vote. Newsom absent.
Page 9 of 102
ITEM NUMBER: A-1
DATE: 11/23/21
Atascadero City Council
November 9, 2021
Page 5 of 5
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
2. SLO Regional Transit Authority (RTA)
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Dariz
1. Air Pollution Control District
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN
Mayor Moreno recessed the Regular Meeting at 7:50 p.m. and reconvened the Closed
Session Meeting at 7:51 p.m.
The meeting was adjourned at 8:07 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 10 of 102
?!?-,E1«iirr^WT9V,s&.Atascadero City CouncilStaff Report - Administrative Services DepartmentOctober 2021 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checks forOctober 2021.DISCUSSION:Attached for City Council review and approval are the following:PayrollChecks # 35263 - 35280Direct DepositsChecks #35281 -35292Direct DepositsDated 10/14/21Dated 10/28/21Accounts PayableDated 10/1/21-10/31/21 Checks # 168939 -169223& EFTs 4183-4217TOTAL AMOUNT$ 21,677.02456,718.4812,762.14326,484.112,735,104.45$ 3,552,746.20FISCAL IMPACT:Total expenditures for all funds is$ 3,552,746.20CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands.^aj'^fQ(L. ^ ^.^^J^rfF^angel ^Direptor of AdministratAdministrative ServicesATTACHMENT:October 2021 Eden Warrant Register in the amount of $ 2,735,104.45ITEM NUMBER: A-2DATE: 11/23/21Page 11 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
4183 10/01/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4184 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,141.76Payroll Vendor Payment
4185 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 29,413.40Payroll Vendor Payment
4186 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,927.13Payroll Vendor Payment
4187 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,698.33Payroll Vendor Payment
4188 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,066.24Payroll Vendor Payment
4189 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,449.51Payroll Vendor Payment
4190 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,410.43Payroll Vendor Payment
4191 10/01/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,552.85Payroll Vendor Payment
4192 10/05/2021 RABOBANK, N.A.55,606.79Payroll Vendor Payment
4193 10/05/2021 EMPLOYMENT DEV DEPARTMENT 17,034.03Payroll Vendor Payment
4194 10/05/2021 EMPLOYMENT DEV. DEPARTMENT 2,613.28Payroll Vendor Payment
168939 10/07/2021 ANTHEM BLUE CROSS HEALTH 189,917.57Payroll Vendor Payment
168940 10/07/2021 LINCOLN NATIONAL LIFE INS CO 1,843.05Payroll Vendor Payment
168941 10/07/2021 MEDICAL EYE SERVICES 1,669.66Payroll Vendor Payment
168942 10/07/2021 PREFERRED BENEFITS INSURANCE 8,747.10Payroll Vendor Payment
168943 10/08/2021 13 STARS MEDIA 827.53Accounts Payable Check
168944 10/08/2021 A SUPERIOR CRANE, LLC 1,080.00Accounts Payable Check
168945 10/08/2021 AIR-LEFT HEATING & AIR CONDT.1,604.00Accounts Payable Check
168946 10/08/2021 ALL SIGNS AND GRAPHICS, INC.3,528.60Accounts Payable Check
168947 10/08/2021 JOE ALLEN 126.85Accounts Payable Check
168948 10/08/2021 ALLIANT INSURANCE SERVICES INC 478.00Accounts Payable Check
168949 10/08/2021 ALLTECH SERVICES, INC.12,160.22Accounts Payable Check
168950 10/08/2021 ALPHA ELECTRIC SERVICE 10,857.00Accounts Payable Check
168951 10/08/2021 ALTA LANGUAGE SERVICES, INC.55.00Accounts Payable Check
168952 10/08/2021 ASSN. PROPERTIES 3,396.40Accounts Payable Check
168954 10/08/2021 ATASCADERO MUTUAL WATER CO.28,178.60Accounts Payable Check
168955 10/08/2021 ATASCADERO PICKLEBALL CLUB,INC 181.50Accounts Payable Check
168956 10/08/2021 TERRIE BANISH 97.04Accounts Payable Check
168957 10/08/2021 BANK OF NEW YORK MELLON 1,925.00Accounts Payable Check
168958 10/08/2021 BATTERY SYSTEMS, INC.262.83Accounts Payable Check
168959 10/08/2021 BAY AREA DRIVING SCHOOL, INC.55.99Accounts Payable Check
168960 10/08/2021 VOID 0.00Accounts Payable Check
168961 10/08/2021 KEITH R. BERGHER 585.00Accounts Payable Check
168962 10/08/2021 JUSTIN BLACK 133.85Accounts Payable Check
168963 10/08/2021 BRANCH SMITH PROPERTIES 362.00Accounts Payable Check
168964 10/08/2021 BURKE,WILLIAMS, & SORENSON LLP 38,644.20Accounts Payable Check
168965 10/08/2021 BURT INDUSTRIAL SUPPLY 231.95Accounts Payable Check
168966 10/08/2021 CA BUILDING STANDARDS COMM.146.70Accounts Payable Check
168967 10/08/2021 CARQUEST OF ATASCADERO 325.50Accounts Payable Check
168968 10/08/2021 CASEY PRINTING, INC.4,825.67Accounts Payable Check
168969 10/08/2021 CHARTER COMMUNICATIONS 90.00Accounts Payable Check
168970 10/08/2021 BRADY CHERRY 126.84Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 12 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
168971 10/08/2021 TERI CHESTERMAN ROBERT FLORES 578.00Accounts Payable Check
168972 10/08/2021 CIO SOLUTIONS, LP 35,395.75Accounts Payable Check
168973 10/08/2021 CIRCLE GRAPHICS, INC.447.01Accounts Payable Check
168974 10/08/2021 JENNI K. CISCO 4,168.11Accounts Payable Check
168975 10/08/2021 KAREN A. CLANIN 133.00Accounts Payable Check
168976 10/08/2021 CLEVER CONCEPTS, INC.47.95Accounts Payable Check
168977 10/08/2021 COASTAL COPY, INC.334.43Accounts Payable Check
168978 10/08/2021 COBAN TECHNOLOGIES, INC.125.00Accounts Payable Check
168979 10/08/2021 CHRISTOPHER & ELIZABETH COLLINS 4,456.93Accounts Payable Check
168980 10/08/2021 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
168981 10/08/2021 MARK DARIZ 319.54Accounts Payable Check
168982 10/08/2021 SHARON J. DAVIS 91.00Accounts Payable Check
168983 10/08/2021 NICHOLAS DEBAR 300.00Accounts Payable Check
168984 10/08/2021 DEPARTMENT OF CONSERVATION 645.42Accounts Payable Check
168985 10/08/2021 DESTINATION TRAVEL NETWORK 75.00Accounts Payable Check
168986 10/08/2021 IRENE F. DONOVAN 3,873.00Accounts Payable Check
168987 10/08/2021 DOOMSDAY SKATE, LLC 285.00Accounts Payable Check
168988 10/08/2021 DRIVE CUSTOMS 4,222.85Accounts Payable Check
168989 10/08/2021 PHILIP DUNSMORE 300.00Accounts Payable Check
168990 10/08/2021 EARTH SYSTEMS PACIFIC 1,891.25Accounts Payable Check
168991 10/08/2021 ECS IMAGING, INC.12,943.00Accounts Payable Check
168992 10/08/2021 CHRISTINE EDSTROM O'HARA 4,091.60Accounts Payable Check
168993 10/08/2021 EMERGENCY VEHICLE SPECIALISTS 1,500.00Accounts Payable Check
168994 10/08/2021 EN FUEGO EVENTS 5,000.00Accounts Payable Check
168995 10/08/2021 EPIC IT SUPPORT 437.50Accounts Payable Check
168996 10/08/2021 IRIS FIGUEROA 115.68Accounts Payable Check
168997 10/08/2021 FRUTH GROUP, INC.22,897.32Accounts Payable Check
168998 10/08/2021 GARAGISTE EVENTS, INC.5,000.00Accounts Payable Check
168999 10/08/2021 GAS COMPANY 148.17Accounts Payable Check
169000 10/08/2021 GMV SYNCROMATICS 9,500.00Accounts Payable Check
169001 10/08/2021 JEREL HALEY 41.95Accounts Payable Check
169002 10/08/2021 BARRY HARDY 29.97Accounts Payable Check
169003 10/08/2021 JAMES R. HEWITT 3,873.00Accounts Payable Check
169004 10/08/2021 ANN HOCHSTETLER 60.53Accounts Payable Check
169005 10/08/2021 HOME DEPOT CREDIT SERVICES 1,757.10Accounts Payable Check
169006 10/08/2021 IRON MOUNTAIN RECORDS MGMNT 124.68Accounts Payable Check
169007 10/08/2021 JK'S UNLIMITED, INC.1,166.42Accounts Payable Check
169008 10/08/2021 JOANN HEAD LAND SURVEYING 12,759.78Accounts Payable Check
169009 10/08/2021 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
169010 10/08/2021 PATRICIA R. JOHNSTONE 4,233.00Accounts Payable Check
169011 10/08/2021 ANN JUTRAS 75.34Accounts Payable Check
169012 10/08/2021 KIRK CONSTRUCTION 64,282.18Accounts Payable Check
169013 10/08/2021 WADE KNOWLES 41.95Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 13 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
169014 10/08/2021 LENOVO (UNITED STATES) INC.2,668.73Accounts Payable Check
169015 10/08/2021 LIFE ASSIST, INC.1,251.82Accounts Payable Check
169016 10/08/2021 MADRONE LANDSCAPES, INC.401.00Accounts Payable Check
169017 10/08/2021 MARBORG INDUSTRIES 62.28Accounts Payable Check
169018 10/08/2021 CAROL MARDEN HASS 46.00Accounts Payable Check
169019 10/08/2021 VOID 0.00Accounts Payable Check
169020 10/08/2021 DELMA MEYER 60.53Accounts Payable Check
169021 10/08/2021 MICHAEL K. NUNLEY & ASSC, INC.10,193.98Accounts Payable Check
169022 10/08/2021 MINER'S ACE HARDWARE 140.76Accounts Payable Check
169023 10/08/2021 MISSION UNIFORM SERVICE 202.66Accounts Payable Check
169024 10/08/2021 MNS ENGINEERS, INC.107.50Accounts Payable Check
169025 10/08/2021 DAVE MUEHLHAUSEN 70.29Accounts Payable Check
169026 10/08/2021 MV TRANSPORTATION, INC.19,482.98Accounts Payable Check
169027 10/08/2021 NUTRIEN AG SOLUTIONS, INC.1,460.77Accounts Payable Check
169028 10/08/2021 OFFICE DEPOT INC.320.90Accounts Payable Check
169029 10/08/2021 O'REILLY AUTOMOTIVE, INC.43.21Accounts Payable Check
169030 10/08/2021 TARA ORLICK 20.53Accounts Payable Check
169032 10/08/2021 PACIFIC GAS AND ELECTRIC 62,112.76Accounts Payable Check
169033 10/08/2021 PASO ROBLES SAFE & LOCK, INC.1,183.60Accounts Payable Check
169034 10/08/2021 DAVE PAYTON 126.84Accounts Payable Check
169035 10/08/2021 PEAKWIFI, LLC 1,767.25Accounts Payable Check
169036 10/08/2021 PRAXAIR DISTRIBUTION, INC.59.86Accounts Payable Check
169037 10/08/2021 PRO TOW 380.00Accounts Payable Check
169038 10/08/2021 PROCARE JANITORIAL SUPPLY,INC.826.39Accounts Payable Check
169039 10/08/2021 PROFORCE LAW ENFORCEMENT 568.55Accounts Payable Check
169040 10/08/2021 QUINCY ENGINEERING, INC.12,510.27Accounts Payable Check
169041 10/08/2021 RAIN FOR RENT 11,215.72Accounts Payable Check
169042 10/08/2021 RAINSCAPE, A LANDSCAPE SVC CO.7,352.28Accounts Payable Check
169043 10/08/2021 JERI RANGEL 300.00Accounts Payable Check
169044 10/08/2021 READYREFRESH BY NESTLE 68.51Accounts Payable Check
169045 10/08/2021 RECOGNITION WORKS 130.51Accounts Payable Check
169046 10/08/2021 VOID 0.00Accounts Payable Check
169047 10/08/2021 MARCELES RODRIGUEZ 600.00Accounts Payable Check
169048 10/08/2021 MARK RUSSO 20.53Accounts Payable Check
169049 10/08/2021 SAM'S TREE 805, INC.22,800.00Accounts Payable Check
169050 10/08/2021 SAN LUIS POWERHOUSE, INC.1,183.98Accounts Payable Check
169051 10/08/2021 CONNIE SANCHEZ FAMILY TRUST 2019 2,279.60Accounts Payable Check
169052 10/08/2021 SCOTT SATTERTHWAITE 126.85Accounts Payable Check
169053 10/08/2021 VOID 0.00Accounts Payable Check
169054 10/08/2021 SOUZA CONSTRUCTION, INC.891,099.80Accounts Payable Check
169055 10/08/2021 SP MAINTENANCE SERVICES, INC.375.00Accounts Payable Check
169056 10/08/2021 SPECIALIZED EQUIPMENT REPAIR 1,355.02Accounts Payable Check
169057 10/08/2021 JENNIFER L. SPOTTEN 192.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 14 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
169058 10/08/2021 STANLEY CONVERGENT SECURITY 287.46Accounts Payable Check
169059 10/08/2021 SUNLIGHT JANITORIAL, INC.961.00Accounts Payable Check
169060 10/08/2021 TARGET SOLUTIONS LEARNING, LLC 93.36Accounts Payable Check
169061 10/08/2021 RONALD R. TARICA 175.60Accounts Payable Check
169062 10/08/2021 TEMPLETON UNIFORMS, LLC 15.66Accounts Payable Check
169063 10/08/2021 KARL O. TOERGE 174.00Accounts Payable Check
169064 10/08/2021 ULTREX BUSINESS PRODUCTS 105.75Accounts Payable Check
169065 10/08/2021 UNDERGROUND SERVICE ALERT OF 3,399.37Accounts Payable Check
169066 10/08/2021 UNITED RENTALS (NORTH AM), INC 6,144.39Accounts Payable Check
169067 10/08/2021 DAVID VAN SON 230.00Accounts Payable Check
169068 10/08/2021 VERDIN 8,400.40Accounts Payable Check
169069 10/08/2021 VERIZON WIRELESS 2,224.24Accounts Payable Check
169070 10/08/2021 VERIZON WIRELESS-VSAT 50.00Accounts Payable Check
169071 10/08/2021 WALLACE GROUP 1,640.26Accounts Payable Check
169072 10/08/2021 WCJ PROPERTY SERVICES 1,170.00Accounts Payable Check
169073 10/08/2021 WEST COAST AUTO & TOWING, INC.865.00Accounts Payable Check
169074 10/08/2021 WEX BANK - 76 UNIVERSL 13,503.60Accounts Payable Check
169075 10/08/2021 WEX BANK - WEX FLEET UNIVERSAL 8,415.96Accounts Payable Check
169076 10/08/2021 KAREN B. WYKE 622.50Accounts Payable Check
169077 10/08/2021 ZACHARY J YEAMAN-SANCHEZ 562.00Accounts Payable Check
169078 10/08/2021 YOUTH EVOLUTION SOCCER 4,608.00Accounts Payable Check
169079 10/08/2021 ZEE MEDICAL SERVICES CO.236.69Accounts Payable Check
169080 10/08/2021 ZOOM IMAGING SOLUTIONS, INC.986.91Accounts Payable Check
4195 10/14/2021 ANTHEM BLUE CROSS HSA 16,841.82Payroll Vendor Payment
169081 10/14/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
169082 10/14/2021 ATASCADERO POLICE OFFICERS 1,787.50Payroll Vendor Payment
169083 10/14/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
169084 10/14/2021 MASS MUTUAL WORKPLACE SOLUTION 14,040.50Payroll Vendor Payment
169085 10/14/2021 NATIONWIDE RETIREMENT SOLUTION 984.78Payroll Vendor Payment
169086 10/14/2021 NAVIA BENEFIT SOLUTIONS 3,426.85Payroll Vendor Payment
169087 10/14/2021 SEIU LOCAL 620 850.49Payroll Vendor Payment
169088 10/14/2021 VANTAGEPOINT TRNSFR AGT 106099 416.88Payroll Vendor Payment
169089 10/14/2021 VANTAGEPOINT TRNSFR AGT 304633 12,464.34Payroll Vendor Payment
169090 10/14/2021 VANTAGEPOINT TRNSFR AGT 706276 1,046.00Payroll Vendor Payment
4196 10/15/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4197 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,171.33Payroll Vendor Payment
4198 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 53,026.40Payroll Vendor Payment
4199 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,754.51Payroll Vendor Payment
4200 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,244.08Payroll Vendor Payment
4201 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,045.53Payroll Vendor Payment
4202 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,172.27Payroll Vendor Payment
4203 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,223.66Payroll Vendor Payment
4204 10/15/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 21,383.43Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 15 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
4205 10/19/2021 RABOBANK, N.A.110,389.90Payroll Vendor Payment
4206 10/19/2021 EMPLOYMENT DEV DEPARTMENT 39,038.06Payroll Vendor Payment
4207 10/19/2021 EMPLOYMENT DEV. DEPARTMENT 4,518.85Payroll Vendor Payment
169091 10/22/2021 13 STARS MEDIA 1,015.60Accounts Payable Check
169092 10/22/2021 A & M ROOFING 3,875.00Accounts Payable Check
169093 10/22/2021 A & T ARBORISTS & VEGETATION 2,800.00Accounts Payable Check
169094 10/22/2021 A SUPERIOR CRANE, LLC 2,184.42Accounts Payable Check
169095 10/22/2021 AGM CALIFORNIA, INC.3,140.00Accounts Payable Check
169096 10/22/2021 AGP VIDEO, INC.2,902.50Accounts Payable Check
169097 10/22/2021 ALLIANT INSURANCE SERVICES INC 296.00Accounts Payable Check
169098 10/22/2021 ALPHA ELECTRIC SERVICE 125.00Accounts Payable Check
169099 10/22/2021 ALTHOUSE & MEADE, INC.1,571.25Accounts Payable Check
169100 10/22/2021 AMERICAN WEST TIRE & AUTO INC 1,545.34Accounts Payable Check
169101 10/22/2021 APPLIED CONCEPTS, INC.9,799.06Accounts Payable Check
169102 10/22/2021 KELLY AREBALO 473.24Accounts Payable Check
169104 10/22/2021 AT&T 1,400.85Accounts Payable Check
169105 10/22/2021 AT&T 420.81Accounts Payable Check
169106 10/22/2021 ATASCADERO HAY & FEED 3,149.73Accounts Payable Check
169107 10/22/2021 ATASCADERO HISTORICAL SOCIETY 991.00Accounts Payable Check
169108 10/22/2021 AURORA WORLD, INC.209.09Accounts Payable Check
169109 10/22/2021 AVILA TRAFFIC SAFETY 507.06Accounts Payable Check
169110 10/22/2021 BASSETT'S CRICKET RANCH,INC.971.78Accounts Payable Check
169111 10/22/2021 STEVEN N. BECK 3,396.40Accounts Payable Check
169112 10/22/2021 BERRY MAN, INC.2,154.90Accounts Payable Check
169113 10/22/2021 BURT INDUSTRIAL SUPPLY 527.27Accounts Payable Check
169114 10/22/2021 CA DEPT OF TAX AND FEE ADMIN.8,589.00Accounts Payable Check
169115 10/22/2021 CAL-COAST REFRIGERATION, INC 247.00Accounts Payable Check
169116 10/22/2021 CARQUEST OF ATASCADERO 49.60Accounts Payable Check
169117 10/22/2021 CHARTER COMMUNICATIONS 247.39Accounts Payable Check
169118 10/22/2021 CITY OF ATASCADERO 237.50Accounts Payable Check
169119 10/22/2021 CRYSTAL CRIMBCHIN 118.47Accounts Payable Check
169120 10/22/2021 CRYSTAL CREAMERY, INC.1,092.24Accounts Payable Check
169121 10/22/2021 CUESTA POLYGRAPH & INVEST. LLC 8,907.33Accounts Payable Check
169122 10/22/2021 DIVISION OF STATE ARCHITECT 46.80Accounts Payable Check
169123 10/22/2021 MONICA DOMINGUEZ 15.23Accounts Payable Check
169124 10/22/2021 DRIVE CUSTOMS 420.00Accounts Payable Check
169125 10/22/2021 ECONOMIC & PLANNING SYSTEM INC 16,051.25Accounts Payable Check
169126 10/22/2021 EMERGENCY VEHICLE SPECIALISTS 3,250.00Accounts Payable Check
169127 10/22/2021 EMI SPORTWEAR 228.16Accounts Payable Check
169128 10/22/2021 ESCUELA DEL RIO 840.00Accounts Payable Check
169129 10/22/2021 FERGUSON ENTERPRISES, LLC 129.63Accounts Payable Check
169130 10/22/2021 BRIAN FERRELL 115.44Accounts Payable Check
169131 10/22/2021 FGL ENVIRONMENTAL 855.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 16 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
169132 10/22/2021 FIRST AMERICAN TITLE CO 71,578.00Accounts Payable Check
169133 10/22/2021 FRIENDS OF TRACY AVIARY 195.16Accounts Payable Check
169134 10/22/2021 FURNITURE INSTALLATION TEAM 6,283.89Accounts Payable Check
169135 10/22/2021 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check
169136 10/22/2021 GAS COMPANY 432.33Accounts Payable Check
169137 10/22/2021 CHRISTOPHER HALL 179.00Accounts Payable Check
169138 10/22/2021 HAMNER, JEWELL & ASSOCIATES 12,176.86Accounts Payable Check
169139 10/22/2021 REBECCA HEREDIA 134.06Accounts Payable Check
169140 10/22/2021 CHRISTOPHER HESTER 179.00Accounts Payable Check
169141 10/22/2021 HIGH COUNTRY OUTDOOR, INC.400.00Accounts Payable Check
169142 10/22/2021 HUMAN PERFORMANCE TRAINING &375.00Accounts Payable Check
169143 10/22/2021 JIFFY LUBE 92.01Accounts Payable Check
169144 10/22/2021 JK2 APPAREL 1,800.95Accounts Payable Check
169145 10/22/2021 JK'S UNLIMITED, INC.12,358.83Accounts Payable Check
169146 10/22/2021 KNECHT'S PLUMBING & HEATING 95.00Accounts Payable Check
169147 10/22/2021 KPRL 1230 AM 1,120.00Accounts Payable Check
169148 10/22/2021 LANTERN PRESS 570.76Accounts Payable Check
169149 10/22/2021 LAYNE LABORATORIES, INC.2,020.58Accounts Payable Check
169150 10/22/2021 LIGHTHOUSE UNIFORM 2,632.60Accounts Payable Check
169151 10/22/2021 CRAIG C. LOWRIE 450.00Accounts Payable Check
169152 10/22/2021 MADRONE LANDSCAPES, INC.388.56Accounts Payable Check
169153 10/22/2021 NICHOLAS MCCLURE 8,676.33Accounts Payable Check
169154 10/22/2021 SAMUEL HENRY MCMILLAN, JR.325.00Accounts Payable Check
169155 10/22/2021 SAMUEL H. MCMILLAN, SR.175.00Accounts Payable Check
169156 10/22/2021 MICHAEL K. NUNLEY & ASSC, INC.1,828.77Accounts Payable Check
169157 10/22/2021 MID-COAST MOWER & SAW, INC.27.91Accounts Payable Check
169158 10/22/2021 MID-STATE CONCRETE PRODUCTS 6,434.65Accounts Payable Check
169160 10/22/2021 MINER'S ACE HARDWARE 1,549.46Accounts Payable Check
169161 10/22/2021 MATTHEW J. MIRANDA 179.00Accounts Payable Check
169162 10/22/2021 MISSION UNIFORM SERVICE 336.11Accounts Payable Check
169163 10/22/2021 MORRO BAY BUG COMPANY 3,444.64Accounts Payable Check
169164 10/22/2021 DAVE MUEHLHAUSEN 199.00Accounts Payable Check
169165 10/22/2021 MWI ANIMAL HEALTH 110.03Accounts Payable Check
169166 10/22/2021 NORTH COAST ENGINEERING INC.455.00Accounts Payable Check
169167 10/22/2021 OFFICE DEPOT INC.318.29Accounts Payable Check
169168 10/22/2021 ORANGE CO SHERIFF'S DEPARTMENT 130.00Accounts Payable Check
169169 10/22/2021 O'REILLY AUTOMOTIVE, INC.3.95Accounts Payable Check
169170 10/22/2021 PACIFIC GAS AND ELECTRIC 2,661.09Accounts Payable Check
169171 10/22/2021 PENGUIN RANDOM HOUSE, LLC 101.64Accounts Payable Check
169172 10/22/2021 PERRY'S PARCEL & GIFT 125.00Accounts Payable Check
169173 10/22/2021 PROCARE JANITORIAL SUPPLY,INC.918.68Accounts Payable Check
169174 10/22/2021 PRW STEEL SUPPLY, INC.523.39Accounts Payable Check
169175 10/22/2021 RAINSCAPE, A LANDSCAPE SVC CO.350.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 17 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
169176 10/22/2021 RAMINHA CONSTRUCTION, INC.107,904.67Accounts Payable Check
169177 10/22/2021 READYREFRESH BY NESTLE 825.99Accounts Payable Check
169178 10/22/2021 RECOGNITION WORKS 309.94Accounts Payable Check
169179 10/22/2021 JAMES STEVEN ROBINSON DVM 1,200.00Accounts Payable Check
169180 10/22/2021 SAN LUIS CUSTOMS, INC.998.10Accounts Payable Check
169181 10/22/2021 SAN LUIS POWERHOUSE, INC.165.00Accounts Payable Check
169182 10/22/2021 SCOTT O'BRIEN FIRE & SAFETY CO 250.29Accounts Payable Check
169183 10/22/2021 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check
169184 10/22/2021 SLO COUNTY SHERIFF'S OFFICE 4,600.00Accounts Payable Check
169185 10/22/2021 SLO COUNTY TAX COLLECTOR 65.92Accounts Payable Check
169186 10/22/2021 SLO COUNTY TRAINING OFFICERS 200.00Accounts Payable Check
169187 10/22/2021 JOHN C. SMALL 4,233.00Accounts Payable Check
169188 10/22/2021 SPEAKWRITE, LLC.1,349.61Accounts Payable Check
169189 10/22/2021 SPECIALIZED EQUIPMENT REPAIR 1,040.79Accounts Payable Check
169190 10/22/2021 STANLEY CONVERGENT SECURITY 637.53Accounts Payable Check
169191 10/22/2021 STAPLES CREDIT PLAN 86.78Accounts Payable Check
169192 10/22/2021 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check
169193 10/22/2021 TENT CITY BEER COMPANY 150.00Accounts Payable Check
169194 10/22/2021 TERRA VERDE ENVIRONMENTAL CONS 2,560.94Accounts Payable Check
169195 10/22/2021 TESCO CONTROLS, INC.13,300.00Accounts Payable Check
169196 10/22/2021 CHRISTOPHER DANIEL THOMAS 400.00Accounts Payable Check
169197 10/22/2021 THOMSON REUTERS - WEST 175.10Accounts Payable Check
169202 10/22/2021 U.S. BANK 27,771.74Accounts Payable Check
169203 10/22/2021 UNITED RENTALS (NORTH AM), INC 6,144.39Accounts Payable Check
169204 10/22/2021 VERITONE, INC.3,400.00Accounts Payable Check
169205 10/22/2021 VERIZON WIRELESS 57.68Accounts Payable Check
169206 10/22/2021 VINO VICE, INC.536.25Accounts Payable Check
169207 10/22/2021 VITAL RECORDS CONTROL 169.99Accounts Payable Check
169208 10/22/2021 WALLACE GROUP 25,080.36Accounts Payable Check
169209 10/22/2021 WEST COAST AUTO & TOWING, INC.335.00Accounts Payable Check
169210 10/22/2021 WHITLOCK & WEINBERGER TRANS.3,057.50Accounts Payable Check
169211 10/22/2021 WILKINS ACTION GRAPHICS 665.10Accounts Payable Check
169212 10/22/2021 WISHPETS CO.497.30Accounts Payable Check
169213 10/22/2021 DANIEL YORK 228.36Accounts Payable Check
4208 10/28/2021 ANTHEM BLUE CROSS HSA 8,996.82Payroll Vendor Payment
169214 10/28/2021 ATASCADERO MID MGRS ORG UNION 80.00Payroll Vendor Payment
169215 10/28/2021 ATASCADERO POLICE OFFICERS 1,741.50Payroll Vendor Payment
169216 10/28/2021 ATASCADERO PROF. FIREFIGHTERS 1,027.05Payroll Vendor Payment
169217 10/28/2021 MASS MUTUAL WORKPLACE SOLUTION 6,754.94Payroll Vendor Payment
169218 10/28/2021 NATIONWIDE RETIREMENT SOLUTION 1,064.50Payroll Vendor Payment
169219 10/28/2021 NAVIA BENEFIT SOLUTIONS 3,426.85Payroll Vendor Payment
169220 10/28/2021 SEIU LOCAL 620 833.82Payroll Vendor Payment
169221 10/28/2021 VANTAGEPOINT TRNSFR AGT 106099 830.13Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 18 of 102
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of October 2021
169222 10/28/2021 VANTAGEPOINT TRNSFR AGT 304633 5,349.56Payroll Vendor Payment
169223 10/28/2021 VANTAGEPOINT TRNSFR AGT 706276 785.00Payroll Vendor Payment
4209 10/29/2021 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4210 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,186.31Payroll Vendor Payment
4211 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 32,928.88Payroll Vendor Payment
4212 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,080.32Payroll Vendor Payment
4213 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,770.13Payroll Vendor Payment
4214 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,623.27Payroll Vendor Payment
4215 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,889.76Payroll Vendor Payment
4216 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,491.96Payroll Vendor Payment
4217 10/29/2021 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 14,721.79Payroll Vendor Payment
$2,735,104.45
ITEM NUMBER: A-2
DATE: 11/23/21
ATTACHMENT: 1
Page 19 of 102
ITEM NUMBER: A-3
DATE: 11/23/21
Atascadero City Council
Staff Report – Public Works Department
Sunken Gardens Tree Replanting and Protection
RECOMMENDATION:
Council authorize the Administrative Services Director to appropriate $16,500 of General
Fund Reserves for the replanting and protection of eight trees at Sunken Gardens.
DISCUSSION:
Background
On April 9, 2019, the City Council approved the Sunken Gardens Replanting Plan (Plan)
to ensure a gradual reforestation of the park. Beginning in the 1920’s, the Sunken
Gardens has featured deodar cedars, magnolias and a variety of evergreen trees and
shrubs, resulting in an inviting outdoor activity space for the community. Prior to the
adoption of the Plan, a large southern magnolia at the corner of East Mall and Palma
Avenue and a large deodar cedar on West Mall were removed because the trees were
past their lifespan. The Plan considers the following factors to ensure the park remains
the idyllic setting it is today:
Historic symmetry of the park and setting of City Hall
Viability and life expectancy of existing trees
Potential varieties of trees for ease of maintenance, shade coverage, durability and
rate of growth
Spacing of trees to allow for adequate growth and preservation of adequate
recreation space
Arborist recommendations
The Plan identifies the planting of eight trees in Sunken Gardens, including one coast live
oak in the area that once held the magnolia. Coast live oaks are considered a native tree
and typically perform well in Atascadero, as evidenced by the longevity of the trees within
and around the park that were planted shortly after the establishment of the Colony’s civic
center. The remaining magnolia, at the corner of West Mall and Palm Avenue would
remain in place until it too fails and would then be replaced with a coast live oak at that
time. As identified in Attachment 1, the Plan also calls for the planting of one deodar
cedar and six coastal redwoods. The deodar cedar will be planted near the area where
the previous tree was removed to ensure the layout of four deodar cedars surround the
fountain. The six coastal redwoods will be planted as follows:
Page 20 of 102
ITEM NUMBER: A-3
DATE: 11/23/21
Two coast redwoods, one each along West Mall and East Mall in the lawn area
between the deodar cedars nearest Palma Avenue; and
Four redwoods, two each along West Mall and East Mall in the lawn area between
the existing and the missing deodar cedars and oak trees near El Camino Real.
Staff intends to plant the trees by the end of 2021 or early January 2022, which provides
the ideal conditions for planting because of the additional moisture in the ground and
lower temperatures. In addition to the planting of the eight trees, the irrigation that
services the identified area for the coastal live oak and the existing magnolia tree needs
to be transitioned from a spray to a drip line system. This will help ensure the proper
growth and health of the young coastal live oak while providing the appropriate amount
of water to the existing magnolia tree. Staff is also recommending the installation of a
temporary protective barrier around all eight of the planted trees. The barrier will help
deter community members from disturbing the young trees until they are well established
and their root system is healthy and strong. In an effort to conserve water during the
summer months, staff will remove and replace the existing wood chips in the two planting
areas on the corners of East and West Mall and Palma Avenue with wood chips recycled
from previous tree trimming efforts.
At their April 2019 meeting, when the replanting plan was discussed, Council directed
staff to incorporate these costs in the upcoming 2021-23 Budget. However, these costs
were overlooked as part of the budget process and are now being requested to be paid
from the City’s General Fund. Staff is recommending that Council appropriate $16,500
of General Fund reserves for the replanting and p rotection of eight trees at Sunken
Gardens.
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
Sec. 15378. The grant application will include the required environmental report, which
will be conducted by the Planning Department.
FISCAL IMPACT:
The total cost to purchase and install eight trees, irrigation upgrades and temporary
protective barriers is $16,500.
ALTERNATIVES:
Council may choose not to appropriate the funding to implement the Sunken Gardens
Tree Replanting Plan. Should the Council choose this alternative, staff recommends to
request the funding as part of the 2023-25 Budget.
ATTACHMENT:
Sunken Gardens Tree Replanting Plan
Page 21 of 102
ITEM NUMBER: A-3
DATE: 11/23/21
ATTACHMENT: 1
Page 22 of 102
ITEM NUMBER: A-4
DATE: 11/23/21
Atascadero City Council
Staff Report - City Attorney
Resolution Authorizing City Manager to Execute Participation
Agreements Regarding the Settlement of the
National Opioid Litigation
RECOMMENDATION:
Council adopt Draft Resolution authorizing the City Manager to execute participation
agreements regarding the settlement of the National Opioid Litigation.
DISCUSSION:
I. OVERVIEW
The national opioid crisis created by opioid manufacturers, distributors, and dispensers
has been well-documented over the last decade as communities have struggled to
address its devastating impacts. Since 2018, numerous jurisdictions across the country
have been engaged in a multi-jurisdictional lawsuit against some of the principal parties
responsible for creating the crisis. After years of Court-supervised negotiations, the
parties reached a resolution of the case against several defendants.
The settlement with these defendants allows non-litigating parties, such as the City of
Atascadero, to join the National Opioid Settlements with opioid distributors
AmerisourceBergen, Cardinal Health and McKesson (the “Distributors”) and one of the
manufacturers, Janssen Pharma (“Janssen”) (collectively the “Settlement Agreements”)
and release any potential claims the City has against these defendants in exchange for the
payment of opioid abatement funds and injunctive relief guarding against future unlawful
business practices. Johnson and Johnson is the parent company of Janssen. Cities and
counties with at least a 10,000 population as of the 2019 Census count can join in the
settlement. The Distributors are funding about 80% of the settlement to be paid out over
18 years and Janssen is funding 20% of the settlement to be paid out over about 9 years.
The amount that will be received by counties and cities in California will depend upon the
number of counties and cities which agree to the proposed settlement. The maximum
amount the City of Atascadero will receive is $463,150 which assumes 100% participation
in the proposed settlement. In regard to the annual amount that would be received by
the City over time, here are the numbers. 80% of $463,150 is $370,520 divided by 18
years = $20,584.44 per year from the Distributors. 20% of $463,150 is $92630 divided
by 9 years = $10,292.22 per year from Janssen.
Page 23 of 102
ITEM NUMBER: A-4
DATE: 11/23/21
If the Settlement Agreements are approved, settlement funds could begin to flow to
jurisdictions as early as April of 2022.
II. BACKGROUND
A national multi-district litigation regarding the opioid crisis is being adjudicated in federal
court by Judge Dan Aaron Polster in the Northern District of Ohio and is referred to as:
MDL 2804 Opiate Litigation. On July 21, 2021, an agreement on the proposed terms of
a nationwide settlement to resolve all opioid litigation brought by various states and local
political subdivisions against the “Distributors” and Janssen. The Settlement Agreements
are highly complex, spanning more than 700 pages. Copies of the agreements, as well
as helpful flowcharts and FAQs, can be accessed at the following website:
www.nationalopioidsettlement.com.
The settlement requires the Distributors to pay up to $21 billion and Janssen to pay up to
$5 billion. Roughly $2.6 billion of the two settlements are expected to be directed to
California and its subdivisions. Although the settlement was reached in July, each
participating state had to then reach an intrastate allocation agreement to determine how
to apportion and distribute the settlement funds among the various entities. After several
months of negotiating the allocation agreements were reached at the end of Octobe r.
III. DETAILS ON SETTLEMENT ALLOCATION
The General structure for the intrastate allocation agreement for distributing the roughly
$2.6 billion coming to California is as follows:
- 15% will be given to the State,
- 70% will be made available to Cities and Counties (that have greater than 10,000
in population). This is referred to as the “Abatement fund.” These funds can be
paid directly to the local agencies, if the agency elects. The default is that the
money will be directed to the County, unless an entity elects for the direct payment.
Local subdivisions have the ability to change their election regarding the direct
payments
- 15% will be given to the litigating entities to defray costs they have expended in
the litigation to this point. It was noted in the webinar that this group of litigating
entities is rather large by representation. It reportedly includes agencies which
represent 86% of the population of the state.
If an entity does not join in the settlement, then the money apportioned to that su bdivision
will be directed to the state.
IV. USES OF THE SETTLEMENT FUNDS
Under the Settlement Agreements, all of the proceeds received by non -litigating entities
such as the City of Atascadero must be spent on activities to abate the impacts of the
opioid crisis, such as providing matching funds for operating costs for substance use
disorder (SUD) facilities, creating new or expanded SUD treatment infrastructure,
addressing the needs of communities of color and vulnerable populations that are
disproportionately impacted by SUD, preventing addiction in vulnerable youth, dispensing
Narcan, etc.
Page 24 of 102
ITEM NUMBER: A-4
DATE: 11/23/21
Attached as Exhibit E from the Settlement Agreement is a List of Opioid Remediation
Uses which identifies the permitted uses for the expenditure of settlement fu nds.
The City’s allocated amount will be delivered to the City on a yearly basis. Note that
receiving the funds is accompanied by reporting requirements where the City will need to
file reports with the State documenting how the money is spent.
If the City elects to receive the funds directly, the City will be required to prepare written
reports at least annually regarding the use of those funds, until those funds are fully
expended and for one year thereafter. The City will have to certify that all funds received
through the settlement have been used in compliance with the Settlement Agreements.
The report will be in a form determined by the California Department of Health Care
Services (“DHCS”). The forms have not been specified at this time. However, at a
minimum the City will have to track all deposits and expenditures, which are otherwise
subject to the normal budgetary and expenditure process.
Instead of accepting direct payment, participating entities can choose to have their funds
directed to the County for abatement purposes. Based on the language in the Settlement
Agreements, the City could change its mind even after it has made an election provided
that the change is communicated at least 60 days prior to the next payment due date .
For example, the City could elect to have its funds directed to the County for the first five
years, but then elect to receive direct payment thereafter so long as the City is able to
meet the funding requirements.
V. NEXT STEPS/PARTICIPATION
To participate in the settlement each non-plaintiff local subdivision such as the City of
Atascadero has to first register with the National Opioid Settlement website, this ensures
that the City will receive all information and documents in order to formally join in the
settlement. City of Atascadero has already completed registration.
The next step will be to decide whether to join in the settlement, and then complete the
participation agreements for both settlements. City of Atascadero will then have to
complete the participation agreement and timely submit it prior to the January 2, 2022
deadline.
FISCAL IMPACT:
The fiscal impact, assuming there is 100% participation by the counties and cities in
California will be $20,584.44 per year paid to the City from the distributors for 18 years
and $10,292.22 per year from Janssen for 9 years. There will be costs incurred by the
City in administering the funds to ensure spending for authorized purposes and also costs
for complying with the reporting requirements. If the City directs the funds to the County,
then the County will spend the funds and be responsible for the reporting requirements.
Page 25 of 102
ITEM NUMBER: A-4
DATE: 11/23/21
ALTERNATIVES:
Decide not to join the proposed National Opioid Settlement
ATTACHMENTS:
1. Draft Resolution
2. Exhibit E: List of Opioid Remediation Uses
3. Distributors Agreement
4. Distributors Signature Block
5. Janssen Agreement
6. Janssen Signature Block
Page 26 of 102
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
11/23/21
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING CITY MANAGER TO
EXECUTE PARTICIPATION AGREEMENTS REGARDING THE
SETTLEMENT OF THE NATIONAL OPIOID LITIGATION
WHEREAS, a national multi-district lawsuit regarding the opioid crisis is being
adjudicated in federal court by Judge Dan Aaron Polster in the Northern District of Ohio and is
referred to as MDL 2804 Opiate Litigation; and
WHEREAS, on July 21, 2021 the National Prescription Opiate Litigation Multi-District
Litigation (MDL) Plaintiffs’ Executive Committee, several State Attorneys General, and four
major defendants announced agreement on terms of a proposed nationwide settlements to resolve
all Opioids litigation brought by various states and local political subdivisions against the three
largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen
(“Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson
& Johnson (collectively, “J&J”); and
WHEREAS, the settlement requires the Distributors to pay up to $21 billion and Janssen
to pay up to $5 billion, and that roughly $2.6 billion of this settlement is to be directed to the State
of California and its subdivisions, subject to the State Attorney General and political subdivisions
reaching an allocation agreement to determine how to apportion and distribute the settlement funds
directed to California; and
WHEREAS, In October 2021, an allocation agreement was reached, whereby 70% of the
total settlement funds sent to California will be allocated to the political subdivisions of the State
who elect to participate in the settlement and, consequently, release their own potential claims
against the defendants; and
WHEREAS, in order for the City of Atascadero to participate, the City must elect to
participate by January 2, 2022, by completing the participation agreements; and
WHEREAS, in participating, if the entity elects to participate and wants to receive direct
payments, it must notify the Settlement Distributor Administrator, otherwise, the funds will be
directed to the County.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
that the foregoing recitals are true and correct, and they are hereby incorporated by reference into
this Resolution.
BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero hereby
resolves as follows:
1. Authorize the City Manager to execute the Settlement Agreements and any other
necessary documents, in a form approved by the City Attorney, required to join the Settlement
Agreements, and
Page 27 of 102
ITEM NUMBER: A-4
DATE:
ATTACHMENT:
11/23/21
1
2. Authorize the City Manager to take all necessary actions to join in the settlements
in the National Opioid Litigation and to release any potential claims against the identified
defendants, Distributors and J&J and accept payment based on the terms and conditions set forth
in the Settlement Agreements.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 23rd day
of November, 2021.
On motion by _____________ and seconded by ________________, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
____________________________________
Brian A. Pierik, City Attorney
Page 28 of 102
% .1
' DISTRffiUTORS' 9.18.21
EXHIBIT UPDATES
DISTRIBUTOR SETTLEMENT
AGREEMENT
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 2
Page 29 of 102
DISTRBUTORS' 9.18.21
EXHIBIT UPDATES
Table of Contents
Page
I. Definitions
II. Participation by States and Condition to Preliminary Agreement 13
III. Injunctive Relief. 13
IV. Settlement Payments 13
V. Allocation and Use of Settlement Payments 28
VI. Enforcement 34
VII. Participation by Subdivisions 40
VIII. Condition to Effectiveness of Agreement and Filing of Consent Judgment 42
IX. Additional Restitution 44
X. Plaintiffs' Attorneys' Fees and Costs 44
XL Release 44
XII. Later Litigating Subdivisions 49
XIII. Reductions/Offsets 53
XIV. Miscellaneous 54
EXHIBIT A Alleged Harms A-1
EXHIBIT B Enforcement Committee Organizational Bylaws B-1
EXHIBIT C Litigating Subdivisions List C-1
EXHIBIT D Later Litigating Subdivision Suspension and Offset Determinations D-1
EXHIBIT E List of Opioid Remediation Uses E-1
EXHIBIT F List of States and Overall Allocation Percentages F-1
EXHIBIT G Subdivisions Eligible to Receive Direct Allocations from the Subdivision
Fund and Default Subdivision Fund Allocation Percentages G-1
EXHIBIT H Participation Tier Determination^ H-1
EXHIBIT I Primary Subdivisions I-l
i
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EXHBIT UPDATES
EXHBIT J Settling Distributors' Subsidiaries, Joint Ventures, and Predecessor Entities J-1
EXHBIT K Subdivision Settlement Participation Form K-1
EXHBIT L Settlement Fund Administrator L-1
EXHBIT M Settlement Payment Schedule M-1
EXHBIT N Additional Restitution Amount Allocation N-1
EXHBIT 0 Adoption of a State-Subdivision Agreement 0-1
EXHBIT P Injunctive Relief P-1
EXHBIT Q Illustrative Examples of Prepayments Q-1
EXHBIT R Agreement on Attorneys' Fees, Expenses and Costs R-1
EXHBIT S Agreement on the State Outside Counsel Fee Fund S-1
EXHBIT T Agreement on the State Cost Fund Administration T-1
EXHBIT U ABC IRS Form 1098-F U-1
EXHBIT V Cardinal IRS Form 1098-F V-1
EXHBIT W McKesson IRS Form 1098-F W-1
EXHBIT X Severity Factors X-1
11
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 2
Page 31 of 102
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
EXHIBIT E
List of Qpioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies ("Core
Strategies")}^
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE QPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (''MAT')
DISTRIBUTION AND OTHER OPIQID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
M As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing programs.
E-1
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EXHIBIT UPDATES
C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment ("SBIRT') services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder ("GUD") and other
Substance Use Disorder ("iS'UD")/Mental Health disorders
for iminsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-aroimd services to individuals
with DUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME CWAA'T
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
E-2
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 2
Page 33 of 102
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar
to the FDA's "Real Cost" campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in
pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals
to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases. .
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHTN THF. STATE
B-3
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 2
Page 34 of 102
DISTRIBUTORS' 9.18.21
EXHIBIT UPDATES
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (CUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
TREAT OPIOID USE DISORDER fOUDl
Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use
Disorder or Mental Health {"SUD/MH") conditions through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:'^
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment {"MAT')
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine {"ASAM') continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support,
and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs {"OTPs") to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD {e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members {e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD
and any co-occurring mental health conditions.
15 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing programs.
E-4
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ATTACHMENT: 2
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8. Provide training on MAT for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instractors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or
underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Dmg Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MAT for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service-Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service for Medication-
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1.Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
E-5
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DATE: 11/23/21
ATTACHMENT: 2
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4. Provide access to housing for people with GUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-appfoved mediation with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with CUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with GUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with GUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from GUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with GUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from GUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
GUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
GUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CAREl
Provide connections to care for people who have—or are at risk of developing—GUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
E-6
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EXHIBIT UPDATES
1. Ensure that health care providers are screening for CUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MAT, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide fimding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
E-7
ITEM NUMBER: A-4
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14. Support assistance programs for health care providers with GUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with CUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative ("PAAIU");
2. Active outreach strategies such as the Drug Abuse Response Team
CDARr) model;
3. "Naloxone Plus" strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion ("LEAD") model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including MAT,
and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
E-8
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4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with GUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with CUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions ("CTT"), particularly for individuals living with
dual-diagnosis GUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with GUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES. INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with GUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome ("NAS"\ through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT,
recovery services and supports, and prevention services for pregnant women—or
women who could become pregnant—^who have GUD and any co-occurring
SUD/MH conditions, and other measures to educate and provide support to
families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with GUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of GUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies
and their families.
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5.
7.
8.
10.
Provide txaining to health care providers Avho work with pregnant or parenting
women on best practices for compliance with federal requirements that children
bom with NAS get referred to appropriate services and receive a plan of safe care.
Provide child and family supports for parenting women with DUD and any co-
occurring SUD/MH conditions.
Provide enhanced family support and child care services for parents with OUD
and any co-occurring SUD/MH conditions.
Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
Provide support for Children's Services—^Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs i^'PDMPs"), including, but not limited to, improvements that:
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1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affumative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
Funding community anti-drug coalitions that engage in drug prevention efforts.5
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration ("SAMHSA").
7. Engaging non-profits and faith-based communities as systems to support
prevention.
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8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION!
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
Mends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with CUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
LEADERSHIP. PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
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intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid
abatement programs.
K. TRAINING
In addition to the tra:ining referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances {e.g., Hawaii HOPE and
Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring ("ADAM"') system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including smveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with
treatment engagement and treatment outcomes.
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1
Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Distributor Settlement
1. Introduction
Pursuant to the Distributor Settlement Agreement, dated as of July 21, 2021, and any revision
thereto (the “Distributor Settlement Agreement”), including Section V and Exhibit O, the State
of California proposes this agreement (the “CA Distributor Allocation Agreement”) to govern
the allocation, distribution, and use of Settlement Fund payments made to California pursuant to
Sections IV and V of the Distributor Settlement Agreement.1 For the avoidance of doubt, this
agreement does not apply to payments made pursuant to Sections IX or X of the Distributor
Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Distributor Settlement Agreement, acceptance of this
CA Distributor Allocation Agreement is a requirement to be an Initial Participating Subdivision.
2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a
Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or
greater than 10,000. For the avoidance of doubt, eligible CA Participating
Subdivisions are those California subdivisions listed in Exhibit C (excluding
Litigating Special Districts) and/or Exhibit I to the Distributor Settlement Agreement.
b) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July
21, 2021, and any revision thereto.
c) Litigating Special District means a school district, fire protection district, health
authority, health plan, or other special district that has filed a lawsuit against an
Opioid Defendant. Litigating Special Districts include Downey Unified School
District, Elk Grove Unified School District, Kern High School District, Montezuma
Fire Protection District (located in Stockton, California), Santa Barbara San Luis
Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San
Joaquin, and LA Care Health Plan.
d) Plaintiff Subdivision means a Subdivision located in California, other than a
Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or
through an official of the Subdivision on behalf of the People of the State of
California, against one or more Opioid Defendants prior to October 1, 2020.
1 A parallel but separate agreement (the “CA Janssen Allocation Agreement”) will govern the
allocation, distribution, and use of settlement fund payments under the Janssen Settlement
Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement
or the Janssen Settlement, or in both.
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e) Opioid Defendant means any defendant (including but not limited to Johnson &
Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc.,
AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit
seeking damages, abatement, or other remedies related to or caused by the opioid
public health crisis in any lawsuit brought by any state or local government on or
before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Distributor Settlement Agreement, as well as
applicable law, and the Distributor Settlement Agreement governs over any inconsistent
provision of this CA Distributor Allocation Agreement. Terms used in this CA Distributor
Allocation Agreement have the same meaning as in the Distributor Settlement Agreement unless
otherwise defined herein.
Pursuant to Section V(D)(1) of the Distributor Settlement Agreement, (a) all Settlement Fund
payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the
Distributor Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund
payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,2 pursuant to the Distributor Settlement Agreement,
shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and
15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from
the Settlement Fund shall be combined pursuant to this CA Distributor Allocation Agreement,
and 15% of that total shall be allocated to the State of California (the “State of California
Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts
Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).
A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by
the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA
Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be
2 For purposes of clarity, use of the term “California” refers to the geographic territory of
California and the state and its local governments therein. The term “State” or “State of
California” refers to the State of California as a governmental unit.
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allocated based on the allocation model developed in connection with the proposed
negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as
adjusted to reflect only those cities and counties that are eligible, based on population or
litigation status, to become a CA Participating Subdivision. The percentage from the CA
Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in
Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For
the avoidance of doubt, Litigating Special Districts and California towns, cities, and
counties with a population less than 10,000 are not eligible to receive an allocation of CA
Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its
Local Allocation share as of the date on which it becomes a Participating Subdivision,
and will receive payments as provided in the Distributor Settlement Agreement.
c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share
as of the date on which it becomes a Participating Subdivision. The Local Allocation
share for a city that is a CA Participating Subdivision will be paid to the county in which
the city is located, rather than to the city, so long as: (a) the county is a CA Participating
Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it
requests direct payment at least 60 days prior to a Payment Date. A Local Allocation
share allocated to a city but paid to a county is not required to be spent exclusively for
abatement activities in that city, but will become part of the county’s share of the CA
Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of
CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA
Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct
payment at any time, and it may also elect direct payment of only a portion of its share,
with the remainder going to the county, by providing notice to the Settlement Fund
Administrator at least 60 days prior to a Payment Date. For purposes of this CA
Distributor Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San
Jose and Eureka will be deemed to have elected direct payment if they become
Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund
that is attributable to a county or city that is eligible to become a CA Participating
Subdivision, but that has not, as of the date of that payment to the Settlement Fund,
become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered
within five years of receipt and in accordance with the Distributor Settlement Agreement
and this CA Distributor Allocation Agreement shall be transferred to the State; provided
however, that CA Participating Subdivisions have seven years to expend or encumber CA
Abatement Accounts Funds designated to support capital outlay projects before they must
be transferred to the State. This provision shall not apply to the Cost Reimbursement
Funds, which shall be controlled by Appendix 2.
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ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or
more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to
the Distributor Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA
Participating Subdivision from the Abatement Accounts Fund in each calendar year will
be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities
within the Behavioral Health Continuum Infrastructure Program;
(2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
(3) addressing the needs of communities of color and vulnerable populations (including
sheltered and unsheltered homeless populations) that are disproportionately impacted
by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by
providing training and resources to first and early responders (sworn and non-sworn)
and implementing best practices for outreach, diversion and deflection, employability,
restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.
c) The California Department of Health Care Services (“DHCS”) may add to this list (but
not delete from it) by designating additional High Impact Abatement Activities. DHCS
will make reasonable efforts to consult with stakeholders, including the CA Participating
Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Distributor Settlement
Agreement and applicable law, CA Participating Subdivisions may form agreements or
ventures, or otherwise work in collaboration with, federal, state, local, tribal or private
sector entities in pursuing Opioid Remediation activities funded from the CA Abatement
Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for
Opioid Remediation consistent with the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement, a county and any cities or towns within the county
may agree to reallocate their respective shares of the CA Abatement Accounts Funds
among themselves, provided that any direct distribution may only be to a CA
Participating Subdivision and any CA Participating Subdivision must agree to their share
being reallocated.
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iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds
must prepare and file reports annually regarding the use of those funds. DHCS may
regularly review the reports prepared by CA Participating Subdivisions about the use of
CA Abatement Accounts Funds for compliance with the Distributor Settlement
Agreement and this CA Distributor Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement
Accounts Funds is inconsistent with the Distributor Settlement Agreement or this CA
Distributor Allocation Agreement, whether through review of reports or information from
any other sources, DHCS shall send a request to meet and confer with the CA
Participating Subdivision. The parties shall meet and confer in an effort to resolve the
concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the
Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to
meet and confer, unless the parties mutually agree in writing to extend the meet and
confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court
where the State has filed its Consent Judgment to resolve the concern or otherwise
enforce the requirements of the Distributor Settlement Agreement or this CA Distributor
Allocation Agreement. However, in no case shall any audit be conducted, or motion be
brought, as to a specific expenditure of funds, more than five years after the date on
which the expenditure of the funds was reported to DHCS, in accordance with this
agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or
constitutional authority of any state or local agency or official to conduct audits,
investigations, or other oversight activities, or to pursue administrative, civil, or criminal
enforcement actions.
C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA
Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the
Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used,
subject to any limits imposed by the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement, to fund future Opioid Remediation and reimburse past
opioid-related expenses, which may include fees and expenses related to litigation, and to
pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
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The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s
reasonable fees and expenses in accordance with the procedures and limitations set
forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating
Subdivisions that have been awarded Costs, as defined by and in accordance with the
procedures and limitations set forth in Appendix 2 to this document.
c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50%
of the total CA Subdivision Fund received in any year pursuant to Appendix 2,
Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating
Subdivisions, in relative proportion to the Local Allocation. These funds shall be used
to fund future opioid-related projects and to reimburse past opioid-related expenses,
which may include fees and expenses related to litigation against any Opioid
Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio,
Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the
National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee
agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its
contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Distributor
Settlement Agreement and, if applicable, the Janssen Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay
for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”),
pursuant to Exhibit R, section I(R), of the Distributor Settlement Agreement and the MDL Fees
Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total
gross recovery of the Plaintiff Subdivision pursuant to the Distributor Settlement, and if
applicable, the Janssen Settlement, inclusive of contingency fees from the national Attorney Fee
Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses
from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first
seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the
Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement. Further,
private counsel may only seek reimbursement for litigation fees and costs that have not
previously been reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of
Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California
Office of the Attorney General. The California Office of the Attorney General shall, upon the
request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and
its private counsel if it is in the form of Appendix 3. The California Office of the Attorney
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General will also consider requests from Plaintiff Subdivisions to execute and enter into
agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or
enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any
duty or obligation on the State of California or any of its agencies or officers, including without
limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the
settlement until those funds are fully expended and for one year thereafter. These reports
will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement
will prepare written reports at least annually regarding the use of those funds, until those
funds are fully expended and for one year thereafter. These reports will also include a
certification that all funds that the CA Participating Subdivision has received through the
settlement have been used in compliance with the Distributor Settlement Agreement and
this CA Distributor Allocation Agreement. The report will be in a form reasonably
determined by DHCS. Prior to specifying the form of the report DHCS will confer with
representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts
Funds will track all deposits and expenditures. Each such subdivision is responsible
solely for the CA Abatement Accounts Funds it receives. A county is not responsible for
oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city
within that county that receives direct payment. Unless otherwise exempt, Subdivisions’
expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will
be subject to the normal budgetary and expenditure process of the Subdivision.
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and
expenditures, as required by the Distributor Settlement Agreement and this CA
Distributor Allocation Agreement. Among other things, Plaintiff Subdivisions using
monies from the CA Subdivision Fund for purposes that do not qualify as Opioid
Remediation must identify and include in their annual report, the amount and how such
funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation
costs. Pursuant to Section V(B)(2) of the Distributor Settlement Agreement, such
information must also be reported to the Settlement Fund Administrator and the
Distributors.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to
discuss the annual report and the Opioid Remediation activities being carried out by the
State and Participating Subdivisions.
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6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court
where the State has filed its Consent Judgment to enforce the requirements of this CA
Distributor Allocation Agreement. Before filing such a motion or action the State will
meet and confer with any CA Participating Subdivision that is the subject of the
anticipated motion or action, and vice versa.
b) Except as provided in the Distributor Settlement Agreement, this CA Distributor
Allocation Agreement is not enforceable by any party other than the State and the CA
Participating Subdivisions. It does not confer any rights or remedies upon, and shall not
be enforceable by, any third party.
c) Except as provided in the CA Distributor Allocation Agreement, if any provision of this
agreement or the application thereof to any person, entity, or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this agreement, or the application of
such provision to persons, entities, or circumstances other than those as to which it is
invalid or unenforceable, will not be affected thereby, and each other provision of this
agreement will be valid and enforceable to the fullest extent permitted by law.
d) Except as provided in the Distributor Settlement Agreement, this agreement shall be
governed by and interpreted in accordance with the laws of California.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 3
Page 54 of 102
The undersigned, Atascadero city, ACKNOWLEDGES acceptance of this Proposed California
State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor
Settlement is a requirement to be an Initial Participating Subdivision in the Distributor
Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding
Distribution and Use of Settlement Funds - Distributor Settlement.
I swear under penalty of perjury that I have all necessary power and authorization to
execute this Election and Release on behalf of the Governmental Entity.
Signature:/signer_1/
Name:/name_1/
Title:/title_1/
Date:/date_1/
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 4
Page 55 of 102
1
Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Janssen Settlement
1. Introduction
Pursuant to the Janssen Settlement Agreement, dated as of July 21, 2021, and any revision
thereto (the “Janssen Settlement Agreement”), including Section VI and Exhibit O, the State of
California proposes this agreement (the “CA Janssen Allocation Agreement”) to govern the
allocation, distribution, and use of Settlement Fund payments made to California pursuant to
Sections V and VI of the Janssen Settlement Agreement.1 For the avoidance of doubt, this
agreement does not apply to payments made pursuant to Sections X or XI of the Janssen
Settlement Agreement.
Pursuant to Exhibit O, Paragraph 4, of the Janssen Settlement Agreement, acceptance of this CA
Janssen Allocation Agreement is a requirement to be an Initial Participating Subdivision.
2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a
Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or
greater than 10,000. For the avoidance of doubt, eligible CA Participating
Subdivisions are those California subdivisions listed in Exhibit C (excluding
Litigating Special Districts) and/or Exhibit I to the Janssen Settlement Agreement.
b) Distributor Settlement Agreement means the Distributor Settlement Agreement dated
July 21, 2021, and any revision thereto.
c) CA Litigating Special District means a Litigating Special District located in
California. CA Litigating Special Districts include Downey Unified School District,
Elk Grove Unified School District, Kern High School District, Montezuma Fire
Protection District (located in Stockton, California), Santa Barbara San Luis Obispo
Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin,
and LA Care Health Plan.
d) Plaintiff Subdivision means a Subdivision located in California, other than a CA
Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or
through an official of the Subdivision on behalf of the People of the State of
California, against one or more Opioid Defendants prior to October 1, 2020.
e) Opioid Defendant means any defendant (including but not limited to Johnson &
Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc.,
1 A parallel but separate agreement (the “CA Distributor Allocation Agreement”) will govern the
allocation, distribution, and use of settlement fund payments under the Distributor Settlement
Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement
or the Janssen Settlement, or in both.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 56 of 102
2
AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit
seeking damages, abatement, or other remedies related to or caused by the opioid
public health crisis in any lawsuit brought by any state or local government on or
before October 1, 2020.
3. General Terms
This agreement is subject to the requirements of the Janssen Settlement Agreement, as well as
applicable law, and the Janssen Settlement Agreement governs over any inconsistent provision
of this CA Janssen Allocation Agreement. Terms used in this CA Janssen Allocation Agreement
have the same meaning as in the Janssen Settlement Agreement unless otherwise defined herein.
Pursuant to Section VI(D)(1) of the Janssen Settlement Agreement, (a) all Settlement Fund
payments will be used for Opioid Remediation, except as allowed by Section VI(B)(2) of the
Janssen Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund
payment amounts will be used solely for future Opioid Remediation.
4. State Allocation
The Settlement Fund payments to California,2 pursuant to the Janssen Settlement Agreement,
shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and
15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from
the Settlement Fund shall be combined pursuant to this CA Janssen Allocation Agreement, and
15% of that total shall be allocated to the State of California (the “State of California
Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts
Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).
A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by
the State for future Opioid Remediation.
B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA
Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be
allocated based on the allocation model developed in connection with the proposed
negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as
adjusted to reflect only those cities and counties that are eligible, based on population or
litigation status, to become a CA Participating Subdivision. The percentage from the CA
2 For purposes of clarity, use of the term “California” refers to the geographic territory of
California and the state and its local governments therein. The term “State” or “State of
California” refers to the State of California as a governmental unit.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 57 of 102
3
Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in
Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For
the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and
counties with a population less than 10,000 are not eligible to receive an allocation of CA
Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its
Local Allocation share as of the date on which it becomes a Participating Subdivision,
and will receive payments as provided in the Janssen Settlement Agreement.
c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share
as of the date on which it becomes a Participating Subdivision. The Local Allocation
share for a city that is a CA Participating Subdivision will be paid to the county in which
the city is located, rather than to the city, so long as: (a) the county is a CA Participating
Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it
requests direct payment at least 60 days prior to a Payment Date. A Local Allocation
share allocated to a city but paid to a county is not required to be spent exclusively for
abatement activities in that city, but will become part of the county’s share of the CA
Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of
CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA
Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct
payment at any time, and it may also elect direct payment of only a portion of its share,
with the remainder going to the county, by providing notice to the Settlement Fund
Administrator at least 60 days prior to a Payment Date. For purposes of this CA Janssen
Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and
Eureka will be deemed to have elected direct payment if they become Participating
Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund
that is attributable to a county or city that is eligible to become a CA Participating
Subdivision, but that has not, as of the date of that payment to the Settlement Fund,
become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered
within five years of receipt and in accordance with the Janssen Settlement Agreement and
this CA Janssen Allocation Agreement shall be transferred to the State; provided
however, that CA Participating Subdivisions have seven years to expend or encumber CA
Abatement Accounts Funds designated to support capital outlay projects before they must
be transferred to the State. This provision shall not apply to the Cost Reimbursement
Funds, which shall be controlled by Appendix 2.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 58 of 102
4
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or
more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to
the Janssen Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA
Participating Subdivision from the Abatement Accounts Fund in each calendar year will
be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities
within the Behavioral Health Continuum Infrastructure Program;
(2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure;
(3) addressing the needs of communities of color and vulnerable populations (including
sheltered and unsheltered homeless populations) that are disproportionately impacted
by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by
providing training and resources to first and early responders (sworn and non-sworn)
and implementing best practices for outreach, diversion and deflection, employability,
restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth.
c) The California Department of Health Care Services (“DHCS”) may add to this list (but
not delete from it) by designating additional High Impact Abatement Activities. DHCS
will make reasonable efforts to consult with stakeholders, including the CA Participating
Subdivisions, before adding additional High Impact Abatement Activities to this list.
d) For the avoidance of doubt, and subject to the requirements of the Janssen Settlement
Agreement and applicable law, CA Participating Subdivisions may form agreements or
ventures, or otherwise work in collaboration with, federal, state, local, tribal or private
sector entities in pursuing Opioid Remediation activities funded from the CA Abatement
Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for
Opioid Remediation consistent with the Janssen Settlement Agreement and this CA
Janssen Allocation Agreement, a county and any cities or towns within the county may
agree to reallocate their respective shares of the CA Abatement Accounts Funds among
themselves, provided that any direct distribution may only be to a CA Participating
Subdivision and any CA Participating Subdivision must agree to their share being
reallocated.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 59 of 102
5
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds
must prepare and file reports annually regarding the use of those funds. DHCS may
regularly review the reports prepared by CA Participating Subdivisions about the use of
CA Abatement Accounts Funds for compliance with the Janssen Settlement Agreement
and this CA Janssen Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement
Accounts Funds is inconsistent with the Janssen Settlement Agreement or this CA
Janssen Allocation Agreement, whether through review of reports or information from
any other sources, DHCS shall send a request to meet and confer with the CA
Participating Subdivision. The parties shall meet and confer in an effort to resolve the
concern.
c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the
Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to
meet and confer, unless the parties mutually agree in writing to extend the meet and
confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court
where the State has filed its Consent Judgment to resolve the concern or otherwise
enforce the requirements of the Janssen Settlement Agreement or this CA Janssen
Allocation Agreement. However, in no case shall any audit be conducted, or motion be
brought, as to a specific expenditure of funds, more than five years after the date on
which the expenditure of the funds was reported to DHCS, in accordance with this
agreement.
e) Notwithstanding the foregoing, this Agreement does not limit the statutory or
constitutional authority of any state or local agency or official to conduct audits,
investigations, or other oversight activities, or to pursue administrative, civil, or criminal
enforcement actions.
C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA
Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the
Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used,
subject to any limits imposed by the Janssen Settlement Agreement and this CA Janssen
Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-
related expenses, which may include fees and expenses related to litigation, and to pay
the reasonable fees and expenses of the Special Master as set forth in Appendix 2.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 60 of 102
6
The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s
reasonable fees and expenses in accordance with the procedures and limitations set
forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating
Subdivisions that have been awarded Costs, as defined by and in accordance with the
procedures and limitations set forth in Appendix 2 to this document.
c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50%
of the total CA Subdivision Fund received in any year pursuant to Appendix 2,
Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating
Subdivisions, in relative proportion to the Local Allocation. These funds shall be used
to fund future opioid-related projects and to reimburse past opioid-related expenses,
which may include fees and expenses related to litigation against any Opioid
Defendant.
D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio,
Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the
National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee
agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its
contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Janssen
Settlement Agreement and, if applicable, the Distributor Settlement Agreement.
A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay
for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”),
pursuant to Exhibit R, section I(R), of the Janssen Settlement Agreement and the MDL Fees
Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total
gross recovery of the Plaintiff Subdivision pursuant to the Janssen Settlement, and if applicable,
the Distributor Settlement, inclusive of contingency fees from the national Attorney Fee Fund
and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a
State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek
contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Janssen
Settlement Agreement and, if applicable, the Distributor Settlement Agreement. Further, private
counsel may only seek reimbursement for litigation fees and costs that have not previously been
reimbursed through prior settlements or judgments.
To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of
Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California
Office of the Attorney General. The California Office of the Attorney General shall, upon the
request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and
its private counsel if it is in the form of Appendix 3. The California Office of the Attorney
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 61 of 102
7
General will also consider requests from Plaintiff Subdivisions to execute and enter into
agreements presented in other forms.
For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or
enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any
duty or obligation on the State of California or any of its agencies or officers, including without
limitation the Attorney General.
5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the
settlement until those funds are fully expended and for one year thereafter. These reports
will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement
will prepare written reports at least annually regarding the use of those funds, until those
funds are fully expended and for one year thereafter. These reports will also include a
certification that all funds that the CA Participating Subdivision has received through the
settlement have been used in compliance with the Janssen Settlement Agreement and this
CA Janssen Allocation Agreement. The report will be in a form reasonably determined
by DHCS. Prior to specifying the form of the report DHCS will confer with
representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts
Funds will track all deposits and expenditures. Each such subdivision is responsible
solely for the CA Abatement Accounts Funds it receives. A county is not responsible for
oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city
within that county that receives direct payment. Unless otherwise exempt, Subdivisions’
expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will
be subject to the normal budgetary and expenditure process of the Subdivision.
d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and
expenditures, as required by the Janssen Settlement Agreement and this CA Janssen
Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from
the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must
identify and include in their annual report, the amount and how such funds were used,
including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant
to Section VI(B)(2) of the Janssen Settlement Agreement, such information must also be
reported to the Settlement Fund Administrator and Janssen.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to
discuss the annual report and the Opioid Remediation activities being carried out by the
State and Participating Subdivisions.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 62 of 102
8
6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court
where the State has filed its Consent Judgment to enforce the requirements of this CA
Janssen Allocation Agreement. Before filing such a motion or action the State will meet
and confer with any CA Participating Subdivision that is the subject of the anticipated
motion or action, and vice versa.
b) Except as provided in the Janssen Settlement Agreement, this CA Janssen Allocation
Agreement is not enforceable by any party other than the State and the CA Participating
Subdivisions. It does not confer any rights or remedies upon, and shall not be
enforceable by, any third party.
c) Except as provided in the CA Janssen Allocation Agreement, if any provision of this
agreement or the application thereof to any person, entity, or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this agreement, or the application of
such provision to persons, entities, or circumstances other than those as to which it is
invalid or unenforceable, will not be affected thereby, and each other provision of this
agreement will be valid and enforceable to the fullest extent permitted by law.
d) Except as provided in the Janssen Settlement Agreement, this agreement shall be
governed by and interpreted in accordance with the laws of California.
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 5
Page 63 of 102
The undersigned, Atascadero city, ACKNOWLEDGES acceptance of this Proposed California
State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen
Settlement is a requirement to be an Initial Participating Subdivision in the Janssen Settlement
and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution
and Use of Settlement Funds - Janssen Settlement.
I swear under penalty of perjury that I have all necessary power and authorization to
execute this Election and Release on behalf of the Governmental Entity.
Signature:/signer_1/
Name:/name_1/
Title:/title_1/
Date:/date_1/
ITEM NUMBER: A-4
DATE: 11/23/21
ATTACHMENT: 6
Page 64 of 102
ITEM NUMBER: A-5
DATE: 11/23/21
Atascadero City Council
Staff Report - City Manager
Virtual Meetings – AB 361 Requirements
RECOMMENDATION:
Council adopt Draft Resolution making findings consistent with the requirements of
AB 361 to continue to allow for the conduct of virtual meetings.
DISCUSSION:
On March 4, 2020, Governor Newsom declared a state of emergency due to the novel
coronavirus COVID-19. That declaration is still in effect. Since March 12, 2020,
Executive Orders from the Governor relaxed various Brown Act meetin g requirements
relating to teleconferencing rules, temporarily suspending the Brown Act provisions
requiring the physical presence of council, board and commission members at public
meetings. The most recent extension of those Orders expired on September 30, 2021.
On Friday, September 17, 2021, the Governor signed AB 361 . AB 361 amends
Government Code section 54953 to provide more clarity on the Brown Act’s rules and
restrictions surrounding the use of teleconferencing to conduct meetings. The newly
enacted Government Code Section 54953(e) creates alternate measures to protect the
ability of the public to appear before local legislative bodies.
With the passage of AB 361, local agencies are allowed to continue to conduct virtual
meetings during a declared state of emergency, provided local agencies comply with
specified requirements. The City Council previously adopted Resolution No. 2021-066
on September 28, 2021, finding that the requisite conditions exist for the legislative
bodies of the City of Atascadero to conduct remote teleconference meetings in
compliance with AB 361. (Government Code Section 54953(e).) AB 361 requires the
City Council to reconsider the circumstances of the state of emergency not later than 30
days after teleconferencing for the first time pursuant to AB 361 and every 30 days
thereafter in order to continue to conduct remote teleconference meetings. The City
Council previously adopted Resolution No. 2021-069 on October 26, 2021, making the
requisite findings to continue remote teleconferencing.
In order to continue remote teleconferencing, the City Council must make the following
findings (Gov. Code § 52953(e)(3)):
The City Council has reconsidered the circumstances of the state of emergency.
Page 65 of 102
ITEM NUMBER: A-5
DATE: 11/23/21
Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the
members to meet safely in person.
o State or local officials continue to impose or recommend measures to
promote social distancing.
On August 31, 2021, County Health Officer issued Order No. 6 requiring face coverings
in all public indoor settings and this order continues to remain in effect. Additionally, the
City remains subject to the State Occupational Safety and Health Administration
(CalOSHA) regulations which, among other requirements, obligate an employer to
provide training to employees on COVID-19 transmission and risk reduction, including
“The fact that particles containing the virus can travel more than six feet, especially
indoors, so physical distancing, face coverings, increased ventilation indoors, and
respiratory protection decrease the spread of COVID-19, but are most effective when
used in combination.” (CCR Section 3205(c)5(D).)
Adoption of the Draft Resolution reaffirms the Health Officer Order and CalOSHA
requirements as the basis for continuing to meet virtually. Additionally, adoption of the
Draft Resolution does not prohibit the conduct of a traditional or hybrid meeting if the
circumstances of the declared health emergency change.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 66 of 102
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
11/23/21
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
PROCLAIMING THE CONTINUING NEED TO MEET BY
TELECONFERENCE PURSUANT TO
GOVERNMENT CODE SECTION 54953(e)
WHEREAS, all meetings of the City of Atascadero legislative bodies are open and public
as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963); and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, Government Code section 54953(e) was added by AB 361, signed by
Governor Newsom on September 17, 2021; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a
result of the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City of Atascadero declared a State of Emergency as
a result of the COVID-19 pandemic; and
WHEREAS, such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of City of Atascadero
residents; and
WHEREAS, the Delta variant is highly transmissible in indoor settings and breakthrough
cases are becoming more common; and
WHEREAS, local officials have imposed or recommended measures to promote social
distancing to include the wearing of masks indoors, regardless of vaccination status; and
WHEREAS, the City Council previously adopted Resolution No. 2021-066 on
September 28, 2021, and Resolution No. 2021-069 on October 26, 2021, finding that the requisite
conditions exist and continue to exist for the legislative bodies of the City of Atascadero to conduct
remote teleconference meetings in compliance with Government Code Section 54953(e); and
WHEREAS, Government Code Section 54953(e) requires that the City Council must
reconsider the circumstances of the state of emergency every 30 days in order to continue to
conduct remote teleconference meetings in compliance with AB 361.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
Page 67 of 102
ITEM NUMBER: A-5
DATE:
ATTACHMENT:
11/23/21
1
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by this reference.
SECTION 2. Findings. The City Council does hereby find that:
1. The City Council has reconsidered the circumstances of the state of emergency
declared as a result of the COVID-19 pandemic.
2. The COVID-19 pandemic continues to directly impact the ability of the members to
meet safely in person whereby holding legislative body meetings in person will present
imminent risk to the health and safety of attendees.
3. State or local officials continue to impose or recommend measures to promote social
distancing.
SECTION 3. Compliance with Government Code Section 54953(e). The City Council and
other legislative bodies will continue to meet by teleconference in accordance with Government
Code section 54953(e).
SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately
upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of
this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance
with Government Code section 54953(e)(3) to extend the time during which the legislative bodies
of the City of Atascadero may continue to teleconference without compliance with paragraph (3)
of subdivision (b) of section 54953.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ______
day of _______________, 2021.
On motion by Council Member ____ and seconded by Council Member ____, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 68 of 102
ITEM NUMBER: B-1
DATE: 11/23/21
Atascadero City Council
Staff Report - Community Development Department
SB9 Urgency Ordinance
(CPP21-0095)
RECOMMENDATION:
Council continue the public hearing to the December 14, 2021 City Council Meeting to
allow additional time for drafting and review of proposed guidance and local objective
standards for the implementation of SB9 (urban lot splits and urban dwelling units).
DISCUSSION:
On September 16, 2021, the Governor signed into law Senate Bill 9 (the California
Housing Opportunity and More efficiency (HOME) Act) aimed at addressing the
statewide housing crisis. SB9 allows for urban lot splits and the construction of urban
dwelling units (a different kind of second unit) on single-family zoned parcels within
designated urbanized areas. The law goes into effect on January 1, 2022.
Staff and the City Attorney’s Office are working on draft language to establish guidance
and objective standards related to the implementation of SB9 to ensure that public
health and safety goals are maintained and that objective standards are identified to
promote orderly development once the law goes into effect.
The Public Hearing was legally noticed for review by the City Council at the November
23, 2021 meeting. Staff is requesting the City Council open the Public Hearing and
continue to a date certain, December 14, 2021, to allow staff additional time to complete
the drafting and review of the proposed amendments.
FISCAL IMPACT:
None. Staff expects minimal fiscal impact from the adoption of the proposed urgency
ordinance.
ATTACHMENTS:
None.
Page 69 of 102
ITEM NUMBER: C-1
DATE: 11/23/21
Atascadero City Council
Page 70 of 102
Staff Report – City Manager’s Office
Sale of Chicago Grade Landfill
RECOMMENDATION:
Council authorize the City Manager to send a letter to Chicago Grade Landfill, Inc.
providing written consent from the City of Atascadero for the sale of Chicago Grade
Landfill to Waste Connections.
DISCUSSION:
Chicago Grade Landfill (CGL) first opened in 1970 and has been accepting solid waste
for Atascadero residents for over 50 years. In 2000, CGL and the City of Atascadero
entered into an agreement for the exclusive depositing of City waste collections into CGL.
Two extensions of the original agreement were executed, and that agreement was set to
expire in 2019. A new agreement was negotiated and entered into effective
December 1, 2018. The current agreement has a 10-year term with the option to extend
up to an additional five years.
Over the past 21 years, contracting with CGL has ensured minimal cost increases for hauled
waste disposal to the residents and businesses in Atascadero. Local economic benefits from
the operation of CGL are projected to be in excess of $3 million annually. Key provisions of
the agreement are:
Landfill Rate: $46.15 per ton ($47.70 effective January 1, 2022)
Tipping Fee Paid to City: $ 1.31 per ton ($1.35 effective January 1, 2022)
Term: 10 years with option to extend up to 5 additional years
City guaranteed lowest “per ton” disposal rate for compacted solid waste delivered
to the site in Atascadero Waste Alternatives (AWA) compactor trucks.
CPI adjustments (70% of current CPI) annually on January 1
Terms Related to Collection:
All solid waste collected, within City limits, by City’s franchised waste hauler must
be delivered to CGL.
Contracted landfill rate applies to City and City’s franchised waste hauler only.
Any waste deposited by franchised waste hauler not kept, accumulated, or
generated in the City is charged at the disposal site per ton fee.
ITEM NUMBER: C-1
DATE: 11/23/21
In September 2017, CGL notified the City of a pending sale of the landfill to Allos
Environmental, Inc. (Allos). CGL. may not sell or otherwise delegate its authority to
perform any obligations under its agreement with the City without prior written consent of
the City Council. After review and presentation of the pending sale to the City Council in
November 2017, the Council directed the City Manager to notify CGL of its consent of the
sale. The sale of Chicago Grade to Allos became effective January 2018.
In October of this year, CGL again notified the City of a pending sale of the landfill to
Waste Connections, Inc. (WCN). Should the City authorize the sale or delegation of
authority under the agreement, the provisions of the agreement inure to the benefit of and
are binding on the successors and permitted assigns of the parties. While the City Council
cannot unreasonably withhold consent, certain information regarding the sale and the
buyer will be important to the Council’s authorization.
WCN has entered into a definitive agreement to purchase the stock of CGL and the Santa
Maria Transfer Station. The transaction is anticipated to close on December 1, 2021.
Since this is a stock transaction, there will be no assignment or transfer of any permits or
assets and the legal entities, which own and operate CGL, will remain intact.
WCN is the third largest solid waste company in North America and is publicly traded on
the New York Stock Exchange. WCN does business in 44 states and 6 Canadian
provinces, employing approximately 19,000 people, with roughly $14 billion in assets
including several here in SLO County. WCN’s presence in SLO County began in 2002
with the purchase of the San Luis Hauling Companies, Cold Canyon Landfill and Cold
Canyon Processing Facility. WCN provides services in SLO County through six related
solid waste companies: Cold Canyon Landfill, Coastal Rolloff, Mission Country Disposal,
Morro Bay Garbage, San Luis Garbage, and South County Sanitary Services.
According to information provided by WCN, both local and regional executives have
extensive experience in the solid waste industry, including substantial landfill operations,
and the local leadership team is comprised of experienced solid waste professionals that
have worked and lived in SLO County for over 30 years. WCN represents that the
company believes in local autonomy and a decentralized business model providing low -
overhead and a highly efficient operational structure in order to empower local
employees. WCN has noted the company’s commitment to supporting its local
managers, the communities in which they operate and meeting the environmental needs
of their customers.
City staff met with both the manager of CGL and representatives of WCN in October to
discuss the pending transaction. At that meeting, both CGL and WCN reported that there
are no plans to substantively change the operations of CGL, thereby this transaction will
have little to no impact on the City, its residents, businesses or contractors. According to
WCN and CGL, all local on-site management and employees of CGL will be retained and
Jeff Clarin, a SLO County resident and professional engineer with over 23 years of
experience in all aspects of the solid waste industry will oversee the operations of CGL.
CGL remains committed to the community and will continue to participate in local events
and supporting local causes. Additionally, staff and management at CGL have discussed
the possibility of amending the current contract to address additional needs of the City
and increase services being offered.
Page 71 of 102
ITEM NUMBER: C-1
DATE: 11/23/21
The current life of CGL is through 2039 with potential expansion opportunities beyond
that date. CGL also exceeds all State and Federal financial assurance requirements.
When CGL first opened, there were no financial assurances in place. Financial
assurances were created and have grown, since 1999, to include a corrective action
reserve, insurance, a closure fund, and the establishment of an environmental
contingency. With the sale of CGL holdings to Allos, financial assurances grew to $25.55
million, including a $550,000 corrective action reserve, $10 million insurance policy, $10.5
million closure fund and a $4 million environmental contingency. There will be no change
to this assurance package with the sale to WCN.
CGL is one of three landfills in San Luis Obispo County. Like CGL, Cold Canyon Landfill
and Paso Robles Landfill are permitted full-service landfills accepting both waste for
disposal and recyclables from municipal waste haulers as well as customers such as local
contractors with self-hauled waste, rolloff construction/demolition haulers, agriculture and
farm waste producers, and the general public. There is also the Santa Maria Transfer
Station, which is a fully permitted 500-ton per day facility that accepts non-hazardous
solid waste. Waste is deposited onto a concrete floor, sorted, and then reloaded into
larger trailers and trucked up to CGL. This facility also accepts both waste for disposal
and recyclables from municipal waste haulers as well as the public. Additionally, for C&D
Recycling, green waste from the public, and commingled recyclables from curbside
hauling programs there is North County Recycling.
Public rates for CGL and the Santa Maria Transfer Station are market driven and there is
a flat rate for loads under 1,000 pounds. As noted above , Cold Canyon Landfill is owned
and operated by WCN. These rates are market driven and include a flat rate for loads
under 1,160 pounds. Located off Highway 46 East, the Paso Robles Landfill is owned
and operated by the City of Paso Robles. Fees for this landfill are adopted by City Council
Resolution though management does retain the right to quote specific prices or reject an
item whether an applicable rate is listed or not. Paso Robles Landfill also has a flat rate
for loads under 1,000 pounds.
Considering the presence of WCN in SLO County, the experience of WCN’s local
leadership team, financial and community assurances provided by WCN, and the
recommendation from current management at CGL, staff does not anticipate this sale
having negative impacts on CGL operations and expects an overall benefit to the
community at large.
ALTERNATIVES:
Council cannot unreasonably withhold consent to the sale transaction but can direct staff
to gather additional information regarding the sale and/or Waste Connections, Inc.
FISCAL IMPACT:
None. City revenues from landfill tipping fees will not be affected by the sale.
Page 72 of 102
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENTS:
1. Agreement with Chicago Grade Landfill
2. Slides provided by Waste Connections, Inc.
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City of Atascadero
Chicago Grade Landfill Presentation
November 23, 2021
1
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DATE: 11/23/21
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Waste Connections Local Presence
2
•Waste Connections Presence
•Began with the purchase of the San Luis Hauling Companies, Cold Canyon Landfill and Cold
Canyon Processing Facility in 2002
•The San Luis Obispo companies were one of Waste Connections early first purchases
•San Luis Hauling Companies (San Luis Garbage, Morro Bay Garbage, South County Sanitary, Mission Country Disposal and Coastal Roll -off)
•Operated since the early 1950s
•San Luis Garbage first in California to implement curbside recycling service
•Exclusive organic feedstock rights for only Anaerobic Digester in SLO County (HZI KompoGas)
•Cold Canyon Landfill
•Operated since 1965
•Class III MSW Landfill with about 800 tons per day disposal
•Cold Canyon Processing Facility
•Processes all the recyclables (blue bin) in SLO County
•City of Atascadero recyclables began shipping in January 2021
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DATE: 11/23/21
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Why Waste Connections ?
3
•Local Autonomy
•Belief in decentralized model providing low-overhead, highly efficient operational structure
with idea of empowering local employees
•Economy of Scale
•Benefits of regional support functions with Legal, Human Resources, Payroll, Engineering, etc
•National purchasing influence
•Local Leadership Team
•Experienced leadership team that have been in the SLO County community for over 28 years
•John Ryan, since 1989 (Cold Canyon Processing Facility Manager)
•Jeff Clarin, since 1993 (San Luis Hauling Companies and Cold Canyon Landfill Manager)
•Keeping existing leadership team at Chicago Grade Landfill
•Dannette Fieguth, living in the SLO County community since 1989, leading the Chicago
Grade team since 2003 (Chicago Grade Landfill Manager)
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Waste Connections Team
4
Organization Chart
Division Vice President
Sue VanDelinder
Region Vice President
Dan Schooler
District Manager
Cold Canyon LF/San Luis
Garbage
Jeff Clarin
Chicago Grade Landfill
Division Controller
Jeff Stevens
District Controller
Tiffany German
Site Manager
Cold Canyon LF
Carlos Ramirez
District Manager
Chicago Grade LF
Dannette Fieguth
Operations Manager
Ken Fieguth
Site Manager
Cold Canyon
Processing Facility
John Ryan
ITEM NUMBER: C-1
DATE: 11/23/21
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Waste Connections Team
5
DAN SCHOOLER –Region Vice President
Dan Schooler has been the Western Region Vice President for Waste Connections since February 2018, with oversite for eighty-six companies
within eight states including Alaska, Washington, Oregon, California, Nevada, Idaho, Montana and Western Wyoming.
From November 2008 to that date, Mr. Schooler served as Division Vice President with responsibility for multiple companies in Wa shington
State from 2008 to 2011, multiple companies in the State of New York from 2011 to 2013 and multiple companies again in Washington State
from 2013 to 2018.
From June 2001 to November 2008, Mr. Schooler managed a large hauling, transfer and recycling operation in Vancouver, Washington.Mr.
Schooler joined Waste Connections in September, 1999 as a controller managing the finances of several companies in Oregon and
Washington, with a focus on day to day operations and mergers and acquisitions.
Prior to joining Waste Connections, Mr. Schooler held various operations and controller positions and has over 32 years of experience in the
solid waste industry.He holds a B.S degree in Accounting from Valparaiso University.
ITEM NUMBER: C-1
DATE: 11/23/21
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Waste Connections Team
6
SUE VANDELINDER–Division Vice President
Sue VanDelinder has over 30 years of experience in the Solid Waste Industry. She is Vice President of Waste Connection’s Coastal Sierra
Division, with operations in Tehama, Ukiah, Clear Lake, Lake County, Mono, Inyo and El Dorado County as well as the San Luis Obispo region
and has been employed with Waste Connections since 2006. Through her experience, she has learned that Waste Connections customer
service must be second to none and that safety must be a guiding principle in all operations. She has been highly successful in leading
successful acquisitions, landfill cell development, contract transitions, cart, recycling, and green waste service startups, and Material Recovery
Facility enhancements in diversion in small and large markets throughout California. This can be attributed to her focus on listening to the
voice of the municipalities she serves and developing real connections in a community in order to understand its needs.
She has received the praise of municipal customers such as the City of Placerville, where she successfully started up and rolled out a three-
cart program in 2008. In 2014, she co-authored a new contract with El Dorado County (over 15,000 residents/businesses), providing for a
three cart program, rolled out to every resident subscribing along with a myriad of other programs and enhancements, in addition to the food
waste and organics programs for commercial businesses and multifamily complexes wishing to participate. A pioneer for rural counties trying
to meet diversion requirements, Sue and her team, in 2006, helped El Dorado County to be recognized by the State of Californi a (CIWMB) as
one of only a few counties to meet the 50% diversion goal on time.
Prior to working at WCN, she was a District Manager and Controller for BFI, where she was responsible for solid waste operations in the
greater Sacramento market and medical waste and portable services throughout Northern California. She holds a Bachelor of Science degree
in Finance from San Jose State University in California.
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Waste Connections Team
7
JEFF CLARIN, P.E. –District Manager San Luis Hauling Companies, Cold Canyon Landfill
Jeff Clarin is a California registered professional engineer with over 23 years experience in all aspects of the Solid Waste industry. Currently, he
oversees the San Luis Hauling Division and Cold Canyon Landfill for Waste Connections. The San Luis Hauling division consis ts of over 145 staff that
provide refuse, recycling and organic collections from San Simeon to Nipomo through San Luis Garbage, Mission Country Disposal, South County
Sanitary, Morro Bay Garbage and Coastal Roll-off. Cold Canyon Landfill in San Luis Obispo is an 800 ton per day landfill with 15 staff that accepts
similar material to Chicago Grade Landfill.
Prior to the San Luis Hauling and Cold Canyon Landfill, Mr. Clarin served as the Region Engineer for Waste Connections from A pril 2018 to January
2020 providing capital and compliance support for the 6 California landfills operated and/or owned by Waste Connections. Th ese included Chiquita
Canyon Landfill, Avenal Regional Landfill, John Smith Road Landfill, Tehama Landfill, Potrero Hills Landfill and Cold Canyon Landfill.
Prior to Waste Connections, Mr. Clarin served as the Solid Waste Manager responsible for all aspects of the City of Santa Mar ia’s hauling and landfill
operations from July 2006 to May 2015. Mr. Clarin was promoted to Deputy Director/Utilities Manager from May 2015 to April 2018 overseeing the
City’s solid waste, water and wastewater operations. During his time in Santa Maria, he was able to permit a brand new land fill site. In addition, he
was successful in increasing existing landfill site life by 10 years with the implementation of a curbside greenwaste collections program, introduction of
a recycling park for mainly construction and demolition material, redesign of landfill slopes, improved survey control and in novative operational landfill
techniques.
From August 2005 to April 2006, Mr. Clarin served as a Project Manager for a solid waste engineering consultant firm Tetra Te ch doing various
compliance programs and engineering designs mainly for Vandenberg Air Force Base. From August 2000 to July 2005, Mr. Clarin was the Site
Engineer/Site Manager for Cold Canyon Landfill, which at that time operated a composting facility. Mr. Clarin was there whe n Waste Connections
purchased Cold Canyon Landfill in 2002. Mr. Clarin got his first start in the Solid Waste industry working for the San Luis Obispo Integrated Waste
Management Authority (IMWA) in December 1997 which included staffing and operational support for the Household Hazardous Wast e (HHW)
collection facilities at Cold Canyon Landfill and Chicago Grade Landfill.
Mr. Clarin holds B.S degree in Environmental Engineering from Cal Poly, San Luis Obispo.
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Waste Connections Team
8
JOHN RYAN –Site Manager Cold Canyon Processing Facility
John Ryan’s primary responsibility at CCPF is to insure that single stream -comingled recyclables are processed and sent to market in a safe and
equitable way. These curbside recyclables are coming from our Central Coast / San Luis Obispo Region and must be processed in accordance with
State and local policies and requirements. Maintaining a safe and efficient work environment for all site employees and third party haulers is our
primary core value. John Ryan oversees all personnel needs at this site to include selecting, mentoring, disciplining, compen sation, and promotion.
Safety and Servant Leadership are core values that are routinely a part of the culture at this site.
John Ryan is responsible for the marketing all commodities generated at this site, for both export and domestic markets. He i s also responsible for
maintaining the Processor relationship that CCPF and all of the San Luis Division has with Cal Recycle, State of California.
John Ryan, a transplant from Colorado, has worked in the solid waste industry since 1989. Initially, John Ryan was employed b y San Miguel Garbage.
In 1990, Mr. Ryan was hired by San Luis Garbage Company to start and manage their AB-939 mandated recycling program. This program has grown to
a 32,000 ton per year program. Mr. Ryan has developed, over the years, substantial and successful relationships with the Stat e and those at Cal
Recycle as well as the local governmental agencies he serves.
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DATE: 11/23/21
ATTACHMENT: 2
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Waste Connections Officers
9
RONALD J. MITTELSTAEDT
Ronald J. Mittelstaedt has been Executive Chairman of Waste Connections since July 2019. From the company’s formation in 1997 to that
date, he served as Chief Executive Officer of Waste Connections. Mr. Mittelstaedt has served as a director of Waste Connections since its
formation, and was elected Chairman in January 1998. Mr. Mittelstaedt also served as President of Waste Connections from its formation
through August 2004. Mr. Mittelstaedt has more than 30 years of experience in the solid waste industry. Mr. Mittelstaedt serves as a director
of SkyWest, Inc. Mr. Mittelstaedt holds a B.A. degree in Business Economics with a finance emphasis from the University of California at Santa
Barbara.
WORTHING F. JACKMAN
Worthing F. Jackman has been President and Chief Executive Officer of Waste Connections since July 2019. From July 2018 to that date, he
served as President of Waste Connections. Mr. Jackman served as Executive Vice President and Chief Financial Officer of Waste Connections
from September 2004 to July 2018. From April 2003 to September 2004, Mr. Jackman served as Vice President –Finance and Investor
Relations of Waste Connections. Mr. Jackman held various investment banking positions with Alex. Brown & Sons, now Deutsche Bank
Securities, Inc., from 1991 through 2003, including most recently as a Managing Director within the Global Industrial & Environmental
Services Group. In that capacity, he provided capital markets and strategic advisory services to companies in a variety of sectors, including
solid waste services. Mr. Jackman serves as a director for Quanta Services, Inc. He holds a B.S. degree in Finance from Syracuse University
and an M.B.A. from the Harvard Business School.
DARRELL W. CHAMBLISS
Darrell W. Chambliss has been Executive Vice President and Chief Operating Officer of Waste Connections since October 2003. From October
1, 1997, to that date, Mr. Chambliss served as Executive Vice President –Operations of Waste Connections. Mr. Chambliss has more than 30
years of experience in the solid waste industry. Mr. Chambliss holds a B.S. degree in Business Administration from the University of Arkansas.
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Chicago Grade Landfill Summary
10
•Chicago Grade Landfill (CGL) opened in 1970 and has accepted solid waste from
Atascadero for 50+ years
•Exclusive depositing of City waste agreement executed in 2018
•Agreement expires December 1, 2028. Thereafter, if mutually agreed, an
extension of up to five years may be made at the discretion of the City Manager
•CGL pays the City a percentage of disposal fees and accepts Atascadero’s sewage
sludge at no cost as part of the agreement
•Additional services include C&D, white goods, tire recycling, HHW collection and E-
Waste recycling services
•The current life of CGL is through 2039 with potential expansion opportunities
beyond that
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Waste Connections Financial Capacity
11
WCN is the third largest solid waste company in the United States, with annual revenues that exceeded $5.445 billion in 2020.WC
has approximately $13.9 billion in total assets.
WCN’s debt-to-equity ratio, total equity, and debt rating is superior to the industry’s leading competitor, offering the City mi nimized
risk.As of December 31, 2020, Waste Connections debt-to-equity ratio was 0.69 with an average of 0.644 over the last five (5)
years.In contrast, Waste Management’s and Republic Services’ debt-to-equity ratios over the last five (5) years were 1.750 and
1.048 respectively. According to the WCN’s 2020 Annual Report, WCN’s total equity exceeded $6.8 billion.
WCN’s common shares are traded on the New York Stock Exchange and the Toronto Stock Exchange under the ticker symbol WCN.
WCN is subject to all of the rules and regulations of the U.S. Securities and Exchange Commission (the “SEC ”), and WCN’s public
filings with the SEC can be found at: https://www.sec.gov/edgar/browse/?CIK=1318220&owner=exclude. All of WCN’s public
financial information is also available at the “Investors” section of its website: https://investors.wasteconnections.com/.
As part of its regulatory filing requirements with the SEC, WCN files a description of all material legal proceedings on an annual and
quarterly basis. WCN’s most recent Form 10-Q filing is on the SEC’s EDGAR website
(https://www.sec.gov/ix?doc=/Archives/edgar/data/1318220/000155837021013672/wcn-20210930x10q.htm) and contains all
material litigation matters impacting WCN and/or its subsidiaries. WCN has several immaterial workers compensation, labor and
employment, personal injury and auto liability claims currently pending against it. Additional information regarding the status of
these claims is available upon request.
Neither WCN nor Chicago Grade has any criminal proceedings pending against it.
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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Sale Of CGL To Waste Connections
12
•Waste Connections, Inc. (“WCN”), through a wholly-owned subsidiary, has entered into a definitive
agreement to purchase the stock of Chicago Grade Landfill (“CGL”) and the Santa Maria Transfer Station
•Since this is a stock transaction, the legal entity that owns and operates Chicago Grade Landfill, Inc.
(“Chicago Grade”), will remain intact and will not result in the assignment or transfer of any permits or
assets
•We are currently scheduled to close the transaction on approximately December 1, 2021 (the
“Closing”)
•All local on-site management and employees are being retained
•WCN remains committed to the community and will continue participating in local events and
supporting local causes through its various charitable giving programs. For more information, please
see page 44-49 of our 2021 Sustainability Report.
https://investors.wasteconnections.com/sustainability
•Upon the Closing, Chicago Grade will have the full financial backing of WCN. Following the Closing,
Chicago Grade and its various affiliates operating in the County of San Luis Obispo will continue to
invest capital into its business through purchases of recycling equipment, carts, containers, trucks and
equipment.These purchases will allow Chicago Grade and its affiliates to continue to improve
efficiencies, safety, and keep abreast of the latest technology in all areas
ITEM NUMBER: C-1
DATE: 11/23/21
ATTACHMENT: 2
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WASTE CONNECTIONS: AT A GLANCE
13
•Third largest solid waste
company in North America
•Publicly Trade on NYSE: WCN
and TSX: WCN-T
~19,000 employees
~$5.445 billion revenue
~$14 billion assets
Footprint across 44 U.S. states and 6 Canadian provinces
Revenues: 87% U.S. and 13% Canada
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WASTE CONNECTIONS: AT A GLANCE
14
Footprint across 44 U.S. states and 6
Canadian provinces
*2021e based on August 2021 outlook; see
appendix for non-GAAP reconciliation tables.
~19,000 employees
Substantial Footprint
Culture Matters
Culture is either accidental or
intentional
Servant Leadership: holding leaders
accountable to those they serve
Engagement drives Relationships /
Relationships = Results
Winning at Human Capital drives
superior long term performance
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DATE: 11/23/21
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SUSTAINABILITY: ESG TARGETS*
15-Year ESG TargetsESG efforts consistent with long-term value creation
$500 million commitment towards achievement of long-term
targets
Targets reflect sustainability priorities, including:
Increased offsets to emissions through greater resource
recovery
Expanded recycling and biogas generation
Reduced reliance on third-party leachate disposal
Further improvements in safety, employee engagement
and retention
15*To learn more, please visit:
https://www.wasteconnections.com/sustainability
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TECHNOLOGY AND SUSTAINABILITY INITIATIVES
16
ENVIRONMENTAL SOCIAL
ROBOTICS EVAPORATORS ELECTRIC VEHICLESCONNECTIVITYEMPLOYEE DEVELOPMENT Environmental-focused Technology
Employee-focused Technology
Robotics at recycling facilities
On-site landfill leachate treatment
Evaluating electric vehicles (EV)
Safety
AI-driven “next-generation”
truck camera systems
Enhanced safety features in
fleet design
Employee Engagement
Company-wide connectivity
Learning Management
System (LMS) for training &
development
CAMERA TELEMATICS ITEM NUMBER: C-1
DATE: 11/23/21
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