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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. 1 of 102 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 2 of 102 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 3 of 102 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) 4 of 102 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. 5 of 102 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 30 of 102 DISTRBUTORS' 9.18.21 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 32 of 102 DISTRIBUTORS' 9.18.21 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 35 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 36 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 37 of 102 DISTRIBUTORS' 9.18.21 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 DATE: 11/23/21 ATTACHMENT: 2 Page 38 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 39 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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. E-9 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 40 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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: E-10 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 41 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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. E-11 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 42 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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. E-12 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 43 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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 E-13 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 44 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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. E-14 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 45 of 102 DISTRIBUTORS' 9.18.21 EXHIBIT UPDATES 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. E-15 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 2 Page 46 of 102 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 47 of 102 2 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 48 of 102 3 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 49 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 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 50 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 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 51 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 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 ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 52 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 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. ITEM NUMBER: A-4 DATE: 11/23/21 ATTACHMENT: 3 Page 53 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 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. Page 73 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 74 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 75 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 76 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 77 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 78 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 79 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 80 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 81 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 82 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 83 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 84 of 102 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 1 Page 85 of 102 City of Atascadero Chicago Grade Landfill Presentation November 23, 2021 1 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 86 of 102 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 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 87 of 102 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 Page 88 of 102 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 ATTACHMENT: 2 Page 89 of 102 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 ATTACHMENT: 2 Page 90 of 102 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 Page 91 of 102 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 Page 92 of 102 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. ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 93 of 102 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 Page 94 of 102 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 Page 95 of 102 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 Page 96 of 102 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 Page 97 of 102 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 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 98 of 102 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 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 99 of 102 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 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 100 of 102 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 ATTACHMENT: 2 Page 101 of 102 17 ITEM NUMBER: C-1 DATE: 11/23/21 ATTACHMENT: 2 Page 102 of 102