HomeMy WebLinkAboutCC_2023_12_12_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
HYBRID MEETING INFORMATION:
The City Council meeting will be available via teleconference for those who wish to participate remotely. The
City Council meeting will also be held in the City Council Chambers and in-person attendance will be available
at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel
20 in Atascadero, and listen live 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 and on the
City’s YouTube Channel. To participate remotely using the Zoom platform please visit:
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA
HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 889 2347 9018) to
listen and provide public comment via phone or via the Zoom platform using the link above.
Note that the Zoom participation option is provided to the public as a courtesy in order to facilitate participation.
The City does not, however, guarantee that meeting participation will be available via Zoom. If Zoom
participation is not enabled, or turned off, the meeting will continue with public attendance in-person only.
Written public comments are accepted at cityclerk@atascadero.org. Comments should identify the Agenda Item
Number in the subject line of the email. Such comments will be forwarded to the City Council and made a part of the
administrative record. To ensure distribution to the City Council before consideration of an item, please submit
comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council,
posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not
be read into the record. Please be aware that communications sent to the City Council are public records and are subject
to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable
law. Communications will not be edited for redactions and will be printed/posted as submitted.
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.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in
any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts),
franchises, discretionary land use permits and other entitlements if the City Council Member received more
than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the City’s decision on the agenda
item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or
their agents who have made, campaign contributions totaling more than $250 to a City Council Member since
January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures
must include the amount of the campaign contribution and identify the recipient City Council Member and may
be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
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 made a part of 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.
Page 1 of 94
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, December 12, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Dariz
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda.
2. Waive the reading in full of all ordinances appearing on this agenda; 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 14, 2023
b. November 28, 2023
c. December 4, 2023
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.)
City Council Regular Session: 6:00 P.M.
Page 2 of 94
1. City Council Draft Minutes – November 28, 2023, Regular Meeting and
December 4, 2023, Special Closed Session Meeting
▪ Recommendation: Council approve the November 28, 2023, Draft City Council
Regular Meeting Minutes and the December 4, 2023, Special Closed Session
Meeting Minutes. [City Clerk]
2. City Council 2024 Meeting Schedule
▪ Fiscal Impact: None.
▪ Recommendation: Council approve the City Council meeting schedule for
2024. [City Clerk]
3. November 2023 Accounts Payable and Payroll
▪ Fiscal Impact: $4,237,280.09.
▪ Recommendation: Council approve certified City accounts payable and payroll
vendor checks for November 2023. [Administrative Services]
4. September 2023 Investment Report
▪ Fiscal Impact: None.
▪ Recommendation: Council receive and file the City Treasurer’s report for
quarter ending September 30, 2023. [City Treasurer]
5. Contract for City Attorney Services
▪ Fiscal Impact: Monthly retainer of $13,000 for general legal work and additional
services billed at an hourly rate.
▪ Recommendation: Council approve, and authorize the City Manager to
execute, an agreement with the law firm of Richards, Watson & Gershon, in
substantial conformance with the attached draft agreement, to provide City
Attorney legal services for the City of Atascadero, and appoint David
Fleishman as City Attorney and Craig Steele as Assistant City Attorney.
[City Manager]
6. Confirm the Appointment of Police Chief
▪ Fiscal Impact: The Police Chief’s annual salary of $212,593 will be funded in
the Police Department budget.
▪ Recommendation: Council concur and confirm the appointment of Daniel
Suttles as Atascadero’s new Police Chief. [City Manager]
7. Transit Van Procurement for Atascadero Transit (Dial-A-Ride)
▪ Fiscal Impact: Expenditure of transportation funds of $107,500 plus
approximately $4,800 for outfitting.
▪ Recommendation: Council authorize the purchase of one transit van for
Atascadero Transit (Dial-A-Ride) from Model 1 Commercial Vehicles for
$107,500. [Public Works]
B. LEGISLATIVE UPDATE:
1. 2024 Federal and State Legislative Platform
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1. Receive an oral report on the 2023 Legislative Session wrap-up and a 2024
Legislative Session look ahead.
2. Approve the 2024 Federal and State Legislative Platform. [City Manager]
Page 3 of 94
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
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 alert the Clerk within the 30-minute period of their desire to make a comment
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.)
C. PUBLIC HEARINGS:
1. 2024 Community Development Block Grant Draft Recommendations
▪ Fiscal Impact: $134,205 of Community Development Block Grant funds.
▪ Recommendation: Council develop and adopt draft recommendations for the
2024 Community Development Block Grant (CDBG) funds. [Public Works]
D. MANAGEMENT REPORTS: None
E. 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 Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
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)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. Community Action Partnership of San Luis Obispo (CAPSLO)
4. Design Review Committee
5. Visit SLO CAL Advisory Committee
Page 4 of 94
Council Member Newsom
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. League of California Cities – Council Liaison
F. 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
G. ADJOURNMENT
Page 5 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, November 28, 2023
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Council Member Bourbeau led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Newsom, Mayor Pro Tem Funk, and Mayor
Moreno
Absent: Council Member Dariz
Others Present: None
Staff Present: City Manager Jim Lewis, Administrative Services Director Jeri Rangel,
Fire Chief Casey Bryson, Interim Police Chief Joe Allen, Public Works
Director Nick DeBar, Interim City Attorney Karl Berger, Deputy City
Manager/City Clerk Lara Christensen, Deputy City Manager – IT Luke
Knight, and Public Works Analyst Ryan Betz.
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem Funk to:
1. Approve this agenda.
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.
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately
following conclusion
of the City Council
Regular Session
Page 6 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
Motion passed 4:0 by a roll-call vote. [Dariz absent]
A. CONSENT CALENDAR:
1. City Council Draft Minutes – November 14, 2023
▪ Recommendation: Council approve the November 14, 2023, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. October 2023 Accounts Payable and Payroll
▪ Fiscal Impact: $4,621,070.42
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for October 2023. [Administrative Services]
3. Ordinance Amending the Definitions of “Hotels” and “Motels” in Title 9 of
the Atascadero Municipal Code
▪ Fiscal Impact: None.
▪ CEQA Determination: The proposed Ordinance is exempt from further
environmental review under the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with
certainty that there is no possibility that the enactment of this Ordinance would
have a significant effect on the environment (CEQA § 21065; CEQA
Guidelines §§ 15378(b)(5), 15061(b)(3).
▪ Recommendation: Council adopt on second reading a Draft Ordinance
entitled: “An Ordinance Amending the Definitions of ‘Hotels’ and ‘Motels’ in
Title 9 of the Atascadero Municipal Code, Entitled Planning & Zoning”, and
take such additional, related, action that may be desirable.
[Community Development]
4. Avtec Radio Console Replacement Project
▪ Fiscal Impact: $107,000.
▪ CEQA Determination: The project does not require additional environmental
review under the California Environmental Quality Act (Public Resources Code
§§ 21000, et seq.; “CEQA”) or CEQA Guidelines (14 Cal. Code Regs. §§
15000, et seq.; see CEQA Guidelines §§ 15061(b)(3) and 15378). It is
categorically exempt as a Class 1 or Class 5 project since, at best, it would
constitute a minor alteration of existing public structures involving no
expansion of use; or a minor alteration in land use limitations (see, CEQA
Guidelines §§ 15301, 15305).
▪ Recommendation: Council approve and authorize the expenditure of $107,000
for Avtec hardware, licensing, and related equipment to replace the current
radio console system for dispatching emergency services with an updated
radio console system from Applied Technology, and take such additional,
related, action that may be desirable. [Information Technology]
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to approve the Consent Calendar. (#A-3: Ordinance No. 669;
#A-4: Contract No. 2023-042)
Motion passed 4:0 by a roll-call vote. [Dariz absent]
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects, events, and issues within the City.
Page 7 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
COMMUNITY FORUM:
The following persons spoke in-person by telephone or through the webinar: None.
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Integrated Waste Management Authority – 2023 County Joinder Amendment
to Second Amended and Restated Joint Powers Agreement
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution to approve the 2023 County
Joinder Agreement to Second Amended and Restated Joint Powers
Agreement of the Integrated Waste Management Authority, and take such
additional, related, action that may be desirable. [Public Works]
Public Works Analyst Ryan Betz presented this item and answered questions from the
Council.
PUBLIC COMMENT:
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION: By Council Member Bourbeau and seconded by Mayor Pro Tem
Funk to adopt Resolution No. 2023-073 to approve the 2023 County
Joinder Agreement to Second Amended and Restated Joint Powers
Agreement of the Integrated Waste Management Authority.
Motion passed 4:0 by a roll-call vote. [Dariz absent]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
1. County Mayors Round Table
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
F. RECESS REGULAR MEETING TO CLOSED SESSION
Mayor Moreno recessed the Regular Meeting and called the Closed Session Meeting to
order at 6:29 p.m.
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION — PUBLIC COMMENT: None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
Page 8 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
3. CLOSED SESSION — CALL TO ORDER
a. Conference with Legal Counsel – Existing Litigation
Government Code § 54956.9(d)(1)
Name of Case: Newton v. City of Atascadero
San Luis Obispo Superior Court Case No. 20CV-0046
4. CLOSED SESSION — ADJOURNMENT
G. ADJOURN
Following Closed Session, the meeting was adjourned at 7:27pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 9 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
SPECIAL MEETING
ATASCADERO CITY COUNCIL
CLOSED SESSION
Monday, December 4, 2023, 1:45 P.M.
Atascadero City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
DRAFT MINUTES
COUNCIL CLOSED SESSION: 1:45 P.M.
1. ROLL CALL
Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk,
and Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Jim Lewis and Deputy City Manager/City Clerk Lara
Christensen
2. PUBLIC COMMENT: None
3. OPEN SESSION
a. Appoint Labor Negotiator
Recommendation: Council appoint City Manager James R. Lewis as labor
negotiator for Closed Session Item No. 5(b) – City Attorney
MOTION: By Mayor Pro Tem Funk and seconded by Council Member
Bourbeau to appoint City Manager James R. Lewis as labor
negotiator for Closed Session Item No. 5(b) – City Attorney.
Motion passed 5:0 by a roll-call vote.
4. COUNCIL LEAVES TO BEGIN CLOSED SESSION
5. CLOSED SESSION – CALL TO ORDER
a. Conference Regarding Public Employee Appointment
(Govt. Code Sec. 54957[b])
Position: City Attorney
Page 10 of 94
ITEM NUMBER: A-1
DATE: 12/12/23
b. Conference with Labor Negotiator
(Govt. Code Sec. 54957.6)
Negotiator: James R. Lewis, City Manager
Position: City Attorney
6. COUNCIL RETURNS
7. CLOSED SESSION – REPORT (IF ANY)
ADJOURNMENT:
Mayor Moreno adjourned the Special Closed Session Meeting at 4:45 p.m. to the next Regular
Session on December 12, 2023.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
APPROVED:
Page 11 of 94
ITEM NUMBER: A-2
DATE: 12/12/23
Atascadero City Council
Staff Report – City Manager’s Office
City Council 2024 Meeting Schedule
RECOMMENDATION:
Council approve the City Council meeting schedule for 2024.
DISCUSSION:
The City Council, pursuant to Chapter 2, Section 1.01 of the Atascadero Municipal Code,
meets the second and fourth Tuesday of each month. On occasion, the Council will hold
special study sessions and/or joint meetings with one or both of the Commissions on a
fifth Tuesday. Generally, in the summer months, the Council meets once a month and
avoids conflicts with major holidays. Staff has prepared the attached schedule for the
year 2024 to help in the coordination of these meetings with personal schedules.
FISCAL IMPACT:
None.
ATTACHMENT:
1. City Council 2024 Meeting Schedule
Page 12 of 94
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
12/12/23
1
City of Atascadero
Office of the City Clerk
Atascadero City Council 2024 Meeting Schedule
MEETING DATE TYPE OF MEETING
January 9
January 23
Regular
Regular
February 13
February 27
Regular
Regular
March 12
March 26
Regular
Regular
April 9
April 23
Regular
Regular
May 14
May 28
Regular
Regular
June 11
June 25
Regular
Regular
July 9
Regular
August 13
Regular
September 10
September 24
Regular
Regular
October 8
October 22
Regular
Regular
November 12
Regular
December 10
Regular
Meetings are held at 6:00 p.m.
6500 Palma Avenue, Atascadero, CA 93422
(805) 470-3400
Page 13 of 94
ITEM NUMBER: A-3 DATE: 12/12/23Page 14 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176234 11/01/2023 ANTHEM BLUE CROSS HEALTH 209,952.95Payroll Vendor Payment
176235 11/01/2023 BENEFIT COORDINATORS CORP 9,115.00Payroll Vendor Payment
176236 11/01/2023 FIDELITY SECURITY LIFE INS CO 1,751.00Payroll Vendor Payment
176237 11/01/2023 LINCOLN NATIONAL LIFE INS CO 1,979.88Payroll Vendor Payment
176238 11/02/2023 NIELSEN,MERKSAMER,PARRINELLO,8,313.60Accounts Payable Check
176239 11/03/2023 2 MEXICANS, LLC 1,914.00Accounts Payable Check
176240 11/03/2023 A & T ARBORISTS & VEGETATION 204,340.16Accounts Payable Check
176241 11/03/2023 ACTIVE 911, INC.645.00Accounts Payable Check
176242 11/03/2023 AGP VIDEO, INC.2,350.00Accounts Payable Check
176243 11/03/2023 ALL SIGNS AND GRAPHICS, INC.71.78Accounts Payable Check
176244 11/03/2023 ALLIANT INSURANCE SERVICES INC 335.00Accounts Payable Check
176245 11/03/2023 ALPHA ELECTRIC SERVICE 5,085.00Accounts Payable Check
176246 11/03/2023 AMERICAN WEST TIRE & AUTO INC 233.62Accounts Payable Check
176247 11/03/2023 KELLY AREBALO 586.92Accounts Payable Check
176248 11/03/2023 AT&T 267.98Accounts Payable Check
176249 11/03/2023 AT&T 757.59Accounts Payable Check
176250 11/03/2023 BEE RIGHT THERE HEATING & AIR 89.00Accounts Payable Check
176251 11/03/2023 BELL'S PLUMBING REPAIR, INC.150.00Accounts Payable Check
176252 11/03/2023 KEITH R. BERGHER 427.50Accounts Payable Check
176253 11/03/2023 BOUND TREE MEDICAL, LLC 162.99Accounts Payable Check
176254 11/03/2023 CASEY BRYSON 103.00Accounts Payable Check
176255 11/03/2023 BURT INDUSTRIAL SUPPLY 26.09Accounts Payable Check
176256 11/03/2023 CENTRAL COAST ECONMIC FORECAST 2,500.00Accounts Payable Check
176257 11/03/2023 CG VISUAL SOLUTIONS CORP.458.58Accounts Payable Check
176258 11/03/2023 CHARTER COMMUNICATIONS 4,016.16Accounts Payable Check
176259 11/03/2023 MELISSA CHAVEZ 525.52Accounts Payable Check
176260 11/03/2023 CITY OF ATASCADERO 18.36Accounts Payable Check
176261 11/03/2023 CLEVER CONCEPTS, INC.49.95Accounts Payable Check
176262 11/03/2023 COLOR CRAFT PRINTING 656.52Accounts Payable Check
176263 11/03/2023 CRISP IMAGING 566.20Accounts Payable Check
176264 11/03/2023 GREG C. CUNNINGHAM 168.00Accounts Payable Check
176265 11/03/2023 DAN BIDDLE PEST CONTROL SERVIC 135.00Accounts Payable Check
176266 11/03/2023 SHARON J. DAVIS 515.90Accounts Payable Check
176267 11/03/2023 NICHOLAS DEBAR 300.00Accounts Payable Check
176268 11/03/2023 JOE DEBRUIN, PH.D.180.00Accounts Payable Check
176269 11/03/2023 DOOMSDAY SKATE, LLC 348.00Accounts Payable Check
176270 11/03/2023 PHILIP DUNSMORE 300.00Accounts Payable Check
176271 11/03/2023 EARTH SYSTEMS PACIFIC 509.60Accounts Payable Check
176272 11/03/2023 EXECUTIVE JANITORIAL 4,250.00Accounts Payable Check
176273 11/03/2023 FAST PASS TRAILERS 12,327.41Accounts Payable Check
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 15 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176274 11/03/2023 FENCE FACTORY ATASCADERO 871.20Accounts Payable Check
176275 11/03/2023 ROBERTA FONZI 506.03Accounts Payable Check
176276 11/03/2023 FORNIDA LLC 3,561.57Accounts Payable Check
176277 11/03/2023 FRAME PERFECT MEDIA 200.00Accounts Payable Check
176278 11/03/2023 GAR'S TRANSMISSIONS 8,152.18Accounts Payable Check
176279 11/03/2023 GAS COMPANY 383.82Accounts Payable Check
176280 11/03/2023 GHS PARTS, INC.172.38Accounts Payable Check
176281 11/03/2023 GRAINGER 402.05Accounts Payable Check
176282 11/03/2023 TRISTAN M. GUILLORY 224.00Accounts Payable Check
176283 11/03/2023 JEREL HALEY 3,000.00Accounts Payable Check
176284 11/03/2023 HANSEN BRO'S CUSTOM FARMING 17,954.88Accounts Payable Check
176285 11/03/2023 ZACHARIAH JACKSON 128.00Accounts Payable Check
176286 11/03/2023 JK'S UNLIMITED, INC.4,619.63Accounts Payable Check
176287 11/03/2023 JOEBELLA COFFEE ROASTERS 87.50Accounts Payable Check
176288 11/03/2023 KENNEDY ATHLETIC CLUB OF ATASC 55.00Accounts Payable Check
176289 11/03/2023 KENNEDY CLUB FITNESS 85.00Accounts Payable Check
176290 11/03/2023 LEE WILSON ELECTRIC CO. INC 1,428.00Accounts Payable Check
176291 11/03/2023 JAMES R. LEWIS 300.00Accounts Payable Check
176292 11/03/2023 LEXIPOL, LLC 4,749.05Accounts Payable Check
176293 11/03/2023 LIFE ASSIST, INC.104.62Accounts Payable Check
176294 11/03/2023 LINDE GAS & EQUIPMENT INC.65.64Accounts Payable Check
176295 11/03/2023 SHANDI LOCKE 176.14Accounts Payable Check
176296 11/03/2023 MADRONE LANDSCAPES, INC.391.50Accounts Payable Check
176297 11/03/2023 MARBORG INDUSTRIES 84.78Accounts Payable Check
176298 11/03/2023 MARIACHI MEXICANISIMO 925.00Accounts Payable Check
176299 11/03/2023 SAMUEL HENRY MCMILLAN, JR.100.00Accounts Payable Check
176300 11/03/2023 MEDINA LIGHT SHOW DESIGNS 1,650.00Accounts Payable Check
176301 11/03/2023 MID-COAST GEOTECHNICAL, INC.500.00Accounts Payable Check
176302 11/03/2023 MID-COAST MOWER & SAW, INC.52.26Accounts Payable Check
176303 11/03/2023 MINER'S ACE HARDWARE 373.44Accounts Payable Check
176304 11/03/2023 MATTHEW J. MIRANDA 69.00Accounts Payable Check
176305 11/03/2023 MISSION UNIFORM SERVICE 360.00Accounts Payable Check
176306 11/03/2023 ODP BUSINESS SOLUTIONS, LLC 1,090.57Accounts Payable Check
176307 11/03/2023 PACIFIC CNTRL COAST HLTH CTRS 780.00Accounts Payable Check
176308 11/03/2023 PACIFIC GAS AND ELECTRIC 22,616.33Accounts Payable Check
176309 11/03/2023 PASO ROBLES FORD LINCOLN MERC 170.00Accounts Payable Check
176310 11/03/2023 PASO ROBLES SAFE & LOCK, INC.382.93Accounts Payable Check
176311 11/03/2023 PECKHAM & MCKENNEY 13,500.00Accounts Payable Check
176312 11/03/2023 PERRY'S PARCEL & GIFT 25.00Accounts Payable Check
176313 11/03/2023 PROCARE JANITORIAL SUPPLY,INC.1,728.49Accounts Payable Check
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 16 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176314 11/03/2023 PRW STEEL SUPPLY, INC.256.65Accounts Payable Check
176315 11/03/2023 RAINSCAPE, A LANDSCAPE SVC CO.1,619.22Accounts Payable Check
176316 11/03/2023 JERI RANGEL 300.00Accounts Payable Check
176317 11/03/2023 RECOGNITION WORKS 11.15Accounts Payable Check
176318 11/03/2023 BRIAN S. RICKS 732.00Accounts Payable Check
176319 11/03/2023 RODMAN REPAIR & FABRICATION 330.00Accounts Payable Check
176320 11/03/2023 SALVADOR ROLDAN 1,166.35Accounts Payable Check
176321 11/03/2023 ROLSON MUSIC & SOUND 750.00Accounts Payable Check
176322 11/03/2023 JOHN ROSSETTI 510.77Accounts Payable Check
176323 11/03/2023 CORBIN J. ROSSI 252.00Accounts Payable Check
176324 11/03/2023 SAN LUIS POWERHOUSE, INC.195.00Accounts Payable Check
176325 11/03/2023 SCHAAF & WHEELER 20,670.00Accounts Payable Check
176326 11/03/2023 SCOTT O'BRIEN FIRE & SAFETY CO 173.63Accounts Payable Check
176327 11/03/2023 RANDY D. SMART, JR.168.00Accounts Payable Check
176328 11/03/2023 SOUTH COAST EMERGENCY VEH SVC 926.61Accounts Payable Check
176329 11/03/2023 JENNIFER L. SPOTTEN 480.00Accounts Payable Check
176330 11/03/2023 BRUCE ST. JOHN 444.60Accounts Payable Check
176331 11/03/2023 SUNBELT RENTALS, INC.1,362.01Accounts Payable Check
176332 11/03/2023 SUNLIGHT JANITORIAL, INC.1,650.00Accounts Payable Check
176333 11/03/2023 SUNSET SERVICE CENTER 397.70Accounts Payable Check
176334 11/03/2023 SWCA, INC.749.25Accounts Payable Check
176335 11/03/2023 TARGET SOLUTIONS LEARNING, LLC 1,538.56Accounts Payable Check
176336 11/03/2023 WILLIAM L. TEDONE 280.00Accounts Payable Check
176337 11/03/2023 KARL O. TOERGE 144.00Accounts Payable Check
176338 11/03/2023 TRI-COUNTY OFFICE FURNITURE 8,467.05Accounts Payable Check
176339 11/03/2023 U.S. POSTAL SERVICE 3,000.00Accounts Payable Check
176340 11/03/2023 ULTREX BUSINESS PRODUCTS 50.95Accounts Payable Check
176341 11/03/2023 USA BLUE BOOK 341.23Accounts Payable Check
176342 11/03/2023 HANNAH VAN DEN EIKHOF 207.58Accounts Payable Check
176343 11/03/2023 DAVID VAN SON 103.00Accounts Payable Check
176344 11/03/2023 VERDIN 5,625.00Accounts Payable Check
176345 11/03/2023 VERIZON WIRELESS 3,255.45Accounts Payable Check
176346 11/03/2023 VERNON CO.24,221.96Accounts Payable Check
176347 11/03/2023 VINO VICE, INC.172.00Accounts Payable Check
176348 11/03/2023 WALLACE GROUP 51,782.27Accounts Payable Check
176349 11/03/2023 WEST COAST AUTO & TOWING, INC.128.68Accounts Payable Check
176350 11/03/2023 WEX BANK - BUSINESS UNIVERSAL 15,133.11Accounts Payable Check
176351 11/03/2023 WEX BANK - WEX FLEET UNIVERSAL 10,699.59Accounts Payable Check
176352 11/03/2023 ZOOM IMAGING SOLUTIONS, INC.1,135.97Accounts Payable Check
4947 11/09/2023 ANTHEM BLUE CROSS HSA 9,187.43Payroll Vendor Payment
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 17 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
4948 11/09/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
176353 11/09/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
176354 11/09/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment
176355 11/09/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
176356 11/09/2023 EMPOWER ANNUITY INS CO 8,706.05Payroll Vendor Payment
176357 11/09/2023 IAFF MERP 1,900.00Payroll Vendor Payment
176358 11/09/2023 MISSIONSQUARE 9,253.57Payroll Vendor Payment
176359 11/09/2023 MISSIONSQUARE RETIREMENT 125.00Accounts Payable Check
176360 11/09/2023 NATIONWIDE RETIREMENT SOLUTION 981.79Payroll Vendor Payment
176361 11/09/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment
4957 11/13/2023 SEIU LOCAL 620 845.32Payroll Vendor Payment
4949 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,837.32Payroll Vendor Payment
4950 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 37,819.21Payroll Vendor Payment
4951 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,756.82Payroll Vendor Payment
4952 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,926.53Payroll Vendor Payment
4953 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Payroll Vendor Payment
4954 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,339.15Payroll Vendor Payment
4955 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,927.94Payroll Vendor Payment
4956 11/14/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 24,636.95Payroll Vendor Payment
4958 11/14/2023 RABOBANK, N.A.69,248.00Payroll Vendor Payment
4959 11/14/2023 EMPLOYMENT DEV DEPARTMENT 20,676.82Payroll Vendor Payment
4960 11/14/2023 EMPLOYMENT DEV. DEPARTMENT 2,712.73Payroll Vendor Payment
176362 11/17/2023 2 MEXICANS, LLC 1,171.00Accounts Payable Check
176363 11/17/2023 JAKE ABBOTT 299.50Accounts Payable Check
176364 11/17/2023 ADAMSKI,MOROSKI,MADDEN,462.50Accounts Payable Check
176365 11/17/2023 AGP VIDEO, INC.3,032.50Accounts Payable Check
176366 11/17/2023 AKA ENGINEERING COMPANY 4,896.00Accounts Payable Check
176367 11/17/2023 ALL SIGNS AND GRAPHICS, INC.591.88Accounts Payable Check
176368 11/17/2023 ALLIANT INSURANCE SERVICES INC 185.00Accounts Payable Check
176369 11/17/2023 ALPHA ELECTRIC SERVICE 6,466.22Accounts Payable Check
176370 11/17/2023 ALTHOUSE & MEADE, INC.2,776.59Accounts Payable Check
176371 11/17/2023 AMERICAN WEST TIRE & AUTO INC 1,108.41Accounts Payable Check
176372 11/17/2023 KELLY AREBALO 417.48Accounts Payable Check
176373 11/17/2023 ASSC. OF ZOOS & AQUARIUMS 8,937.00Accounts Payable Check
176374 11/17/2023 AT&T 805.11Accounts Payable Check
176375 11/17/2023 ATASCADERO HAY & FEED 2,278.44Accounts Payable Check
176377 11/17/2023 ATASCADERO MUTUAL WATER CO.30,373.20Accounts Payable Check
176378 11/17/2023 BASSETT'S CRICKET RANCH,INC.627.93Accounts Payable Check
176379 11/17/2023 BATTERY SYSTEMS, INC.20.82Accounts Payable Check
176380 11/17/2023 BAUER COMPRESSORS 166.83Accounts Payable Check
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 18 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176381 11/17/2023 BAY AREA DRIVING SCHOOL, INC.34.99Accounts Payable Check
176382 11/17/2023 BERRY MAN, INC.1,595.50Accounts Payable Check
176383 11/17/2023 ANTONY C. BILLES 346.50Accounts Payable Check
176384 11/17/2023 TERRI RECCHIA BLEDSOE 280.00Accounts Payable Check
176385 11/17/2023 BRANCH SMITH PROPERTIES 386.00Accounts Payable Check
176386 11/17/2023 BRENDLER JANITORIAL SERVICE 955.00Accounts Payable Check
176387 11/17/2023 BREZDEN PEST CONTROL, INC.276.00Accounts Payable Check
176388 11/17/2023 BURKE,WILLIAMS, & SORENSON LLP 16,134.00Accounts Payable Check
176389 11/17/2023 CA ASSC OF ZOOS & AQUARIUMS 1,300.00Accounts Payable Check
176390 11/17/2023 CHARTER COMMUNICATIONS 99.99Accounts Payable Check
176391 11/17/2023 CRISP IMAGING 1,134.68Accounts Payable Check
176392 11/17/2023 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
176393 11/17/2023 CUESTA SPRINGS ICE COMPANY INC 28,999.82Accounts Payable Check
176394 11/17/2023 CULLIGAN SANTA MARIA 205.07Accounts Payable Check
176395 11/17/2023 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
176396 11/17/2023 JOE DEBRUIN, PH.D.180.00Accounts Payable Check
176397 11/17/2023 EARTH SYSTEMS PACIFIC 195.00Accounts Payable Check
176398 11/17/2023 ESCUELA DEL RIO 900.00Accounts Payable Check
176399 11/17/2023 FERRELL'S AUTO REPAIR 206.16Accounts Payable Check
176400 11/17/2023 FILIPPIN ENGINEERING, INC.121,686.11Accounts Payable Check
176401 11/17/2023 GARAGISTE EVENTS, INC.15,000.00Accounts Payable Check
176402 11/17/2023 GAS COMPANY 239.24Accounts Payable Check
176403 11/17/2023 ABBY GETAHUN 347.06Accounts Payable Check
176404 11/17/2023 GHS PARTS, INC.251.28Accounts Payable Check
176405 11/17/2023 KELLY GLEASON 31.17Accounts Payable Check
176406 11/17/2023 HAMON OVERHEAD DOOR CO, INC.357.51Accounts Payable Check
176407 11/17/2023 HANSEN BRO'S CUSTOM FARMING 28,070.00Accounts Payable Check
176408 11/17/2023 HARRIS STAGE LINES, LLC 900.00Accounts Payable Check
176409 11/17/2023 HIGH COUNTRY OUTDOOR, INC.450.00Accounts Payable Check
176410 11/17/2023 INTEGRATED TACTICAL CONCEPTS 2,800.00Accounts Payable Check
176411 11/17/2023 INTERWEST CONSULTING GROUP INC 3,655.19Accounts Payable Check
176412 11/17/2023 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
176413 11/17/2023 LEASEQUERY 3,600.00Accounts Payable Check
176414 11/17/2023 LIN LI 18.00Accounts Payable Check
176415 11/17/2023 LIFE ASSIST, INC.1,470.01Accounts Payable Check
176416 11/17/2023 JACKSON LIGHT 850.00Accounts Payable Check
176417 11/17/2023 EBONY LUCIEN 125.00Accounts Payable Check
176418 11/17/2023 WADE MCKINNEY 162.17Accounts Payable Check
176419 11/17/2023 GREGG T. MEYER 90.00Accounts Payable Check
176420 11/17/2023 MICHAEL K. NUNLEY & ASSC, INC.4,364.63Accounts Payable Check
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 19 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176421 11/17/2023 MID-COAST MOWER & SAW, INC.262.65Accounts Payable Check
176422 11/17/2023 MIG 35,560.98Accounts Payable Check
176423 11/17/2023 MINER'S ACE HARDWARE 567.29Accounts Payable Check
176424 11/17/2023 MISSION UNIFORM SERVICE 45.00Accounts Payable Check
176425 11/17/2023 MOBILE SMALL ENGINE REPAIR 400.00Accounts Payable Check
176426 11/17/2023 MV TRANSPORTATION, INC.13,501.93Accounts Payable Check
176427 11/17/2023 KYLE NAKAZAWA 425.00Accounts Payable Check
176428 11/17/2023 NORTH COUNTY BACKFLOW 660.00Accounts Payable Check
176429 11/17/2023 NORTHERN CALIFORNIAS EMERGENCY 20,965.59Accounts Payable Check
176430 11/17/2023 CINTIA B. NUTTALL 117.60Accounts Payable Check
176431 11/17/2023 ANJANETTE ORDONEZ 52.00Accounts Payable Check
176432 11/17/2023 RON OVERACKER 47.00Accounts Payable Check
176434 11/17/2023 PACIFIC GAS AND ELECTRIC 44,772.59Accounts Payable Check
176435 11/17/2023 SCOTT E. PIPAN 90.00Accounts Payable Check
176436 11/17/2023 PLANETERIA MEDIA, LLC 13,640.00Accounts Payable Check
176437 11/17/2023 PORTER CONSTRUCTION, INC.7,150.00Accounts Payable Check
176438 11/17/2023 PROCARE JANITORIAL SUPPLY,INC.858.21Accounts Payable Check
176439 11/17/2023 RAINSCAPE, A LANDSCAPE SVC CO.350.00Accounts Payable Check
176440 11/17/2023 RAMINHA CONSTRUCTION, INC.10,100.00Accounts Payable Check
176441 11/17/2023 READYREFRESH BY NESTLE 16.33Accounts Payable Check
176442 11/17/2023 SANTA CLARA COUNTY PUBLIC 350.00Accounts Payable Check
176443 11/17/2023 SCHINDLER ELEVATOR CORP 490.11Accounts Payable Check
176444 11/17/2023 SOUTH COAST EMERGENCY VEH SVC 1,453.45Accounts Payable Check
176445 11/17/2023 SOUZA CONSTRUCTION, INC.1,417,559.44Accounts Payable Check
176446 11/17/2023 SPECIALIZED EQUIPMENT REPAIR 4,455.00Accounts Payable Check
176447 11/17/2023 SUPERION, LLC 62,719.51Accounts Payable Check
176448 11/17/2023 MADELINE M. TAYLOR 249.30Accounts Payable Check
176449 11/17/2023 THOMSON REUTERS - WEST 201.99Accounts Payable Check
176450 11/17/2023 KARL O. TOERGE 144.00Accounts Payable Check
176451 11/17/2023 TRIPEPI SMITH AND ASSC., INC.5,895.00Accounts Payable Check
176456 11/17/2023 U.S. BANK 39,307.56Accounts Payable Check
176457 11/17/2023 ULTREX BUSINESS PRODUCTS 61.74Accounts Payable Check
176458 11/17/2023 UNDERGROUND SERVICE ALERT OF 12,171.61Accounts Payable Check
176459 11/17/2023 VANIR CONSTRUCTION MANAGEMENT 8,376.77Accounts Payable Check
176460 11/17/2023 VERDIN 31,183.38Accounts Payable Check
176461 11/17/2023 VERIZON WIRELESS 64.29Accounts Payable Check
176462 11/17/2023 VERNON CO.642.55Accounts Payable Check
176463 11/17/2023 VINO VICE, INC.301.00Accounts Payable Check
176464 11/17/2023 VISIT SLO CAL 106,227.18Accounts Payable Check
176465 11/17/2023 WEST COAST AUTO & TOWING, INC.307.50Accounts Payable Check
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 20 of 94
Check
Number Check Date Vendor DescripƟon Amount
City of Atascadero
Disbursement LisƟng
For the Month of November 2023
176466 11/17/2023 KAREN B. WYKE 987.60Accounts Payable Check
4961 11/22/2023 ANTHEM BLUE CROSS HSA 9,287.43Payroll Vendor Payment
176467 11/22/2023 ROBERT GOODMAN 10,000.00Accounts Payable Check
176468 11/22/2023 ATASCADERO MID MGRS ORG UNION 40.00Payroll Vendor Payment
176469 11/22/2023 ATASCADERO POLICE OFFICERS 2,249.75Payroll Vendor Payment
176470 11/22/2023 ATASCADERO PROF. FIREFIGHTERS 1,151.80Payroll Vendor Payment
176471 11/22/2023 EMPOWER ANNUITY INS CO 8,231.99Payroll Vendor Payment
176472 11/22/2023 IAFF MERP 1,900.00Payroll Vendor Payment
176473 11/22/2023 MISSIONSQUARE 9,595.73Payroll Vendor Payment
176474 11/22/2023 NATIONWIDE RETIREMENT SOLUTION 942.55Payroll Vendor Payment
176475 11/22/2023 NAVIA BENEFIT SOLUTIONS 1,338.86Payroll Vendor Payment
4962 11/27/2023 STATE DISBURSEMENT UNIT 283.84Payroll Vendor Payment
4963 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,521.50Payroll Vendor Payment
4964 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 36,765.56Payroll Vendor Payment
4965 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,960.56Payroll Vendor Payment
4966 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,837.45Payroll Vendor Payment
4967 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,866.70Payroll Vendor Payment
4968 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,718.32Payroll Vendor Payment
4969 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,817.35Payroll Vendor Payment
4970 11/27/2023 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 25,075.34Payroll Vendor Payment
4971 11/27/2023 SEIU LOCAL 620 845.32Payroll Vendor Payment
4972 11/28/2023 RABOBANK, N.A.80,276.20Payroll Vendor Payment
4973 11/28/2023 EMPLOYMENT DEV DEPARTMENT 24,792.04Payroll Vendor Payment
4974 11/28/2023 EMPLOYMENT DEV. DEPARTMENT 2,713.33Payroll Vendor Payment
$ 3,415,097.43
ITEM NUMBER: A-3
DATE: 12/12/23
ATTACHMENT: 1
Page 21 of 94
September 2023
September 2023 Investment Report
RECOMMENDATION:
REPORT IN BRIEF:
Cash and Investments
Checking 5,835,219$
Zoo Credit Card Deposit Account 35,410
Certificates of Deposit 17,915,773
Government Securities 19,262,458
Supranational Securities 2,010,994
Municipal Securities 8,402,201
LAIF 16,121,054
Cash with Fiscal Agents 2,813,153
Cash in Banks at September 30, 2023 72,396,262$
Deposits in Transit 350,664
Timing Differences (1,204,740)
Cash and Investments at September 30, 2023 71,542,186$
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
07/18/23 HSBC Bank USA
McLean, VA
Certificate of
Deposit
$ 234,924 07/06/28
07/19/23 Northeast Community Bank
White Plains, NY
Certificate of
Deposit
145,600 08/20/25
07/24/23 BankUnited
Miami Lakes, FL
Certificate of
Deposit
237,000 07/23/24
07/26/23 Park State Bank
Duluth, MN
Certificate of
Deposit
249,000 07/26/28
07/31/23 Medallion Bank
Salt Lake City, UT
Certificate of
Deposit
249,000 07/31/28
08/03/23 Federal Home Loan Bank
CUSIP #310AWN63
Government
Security
492,809 06/30/28
08/16/23 New York Trans. Financial Auth
CUSIP #64971XBN7
Government
Security
785,009 08/01/28
Atascadero City Council
Council receive and file the City Treasurer's report for quarter ending September 30, 2023.
Staff Report - City Treasurer
Page 1 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 22 of 94
Securities Purchased (continued):
Purchase Date Description Type Cost Maturity Date
09/07/23 Discover Bank
Greenwood, DE
Certificate of
Deposit
$ 244,000 09/05/28
09/13/23 United Fidelity Bank FBS
Evansville, IN
Certificate of
Deposit
249,000 08/17/28
09/13/23 Optum Bank
Draper, UT
Certificate of
Deposit
244,000 09/13/28
09/21/23 Merrick Bank
South Jordan, UT
Cerificate of
Deposit
249,000 09/21/28
09/26/23 US Treasury Bills
CUSIP #91279FS1
Government
Security
96,366 06/13/24
09/27/23 Legacy Bank & Trust
Mountain Grove, MO
Cerificate of
Deposit
249,000 09/27/28
09/27/23 Enterprise Bank
Omaha, NE
Certificate of
Deposit
223,070 06/05/26
09/27/23 First Financial Bank
Dakota Dunes, SD
Certificate of
Deposit
236,540 06/24/26
09/27/23 FAMCA
CUSIP #31422XPS5
Government
Security
446,595 11/17/26
09/28/23 Morgan Stanley Bank
Salt Lake City, UT
Certificate of
Deposit
243,619 04/06/28
09/29/23 Star Bank
Maple Lake, MN
Cerificate of
Deposit
244,000 09/29/28
09/29/23 American National Bank
Baxter, MN
Certificate of
Deposit
248,000 12/29/25
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
07/31/23 International Finace Corp
CUSIP #45950KCP3
Supranational
Security
$ 499,425 $ 500,000
07/31/23 Medallion Bank
Salt Lake City, UT
Certificate of
Deposit
245,000 245,000
08/01/23 Discover Bank
Wilmington, DE
Certificate of
Deposit
245,000 245,000
09/26/23 MidSouth Bank
Lafayette, LA
Certificate of
Deposit
245,000 245,000
09/27/23 Int'l Bank for Recon & Devel
CUSIP #459058GL1
Supranational
Security
509,790 500,000
09/27/23 Nicolet National Bank
Green Bay, WI
Certificate of
Deposit
245,000 245,000
09/29/23 Alma Bank
Astoria, NY
Certificate of
Deposit
245,000 245,000
Investment Activity (continued)
Page 2 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 23 of 94
Securities Sold Prior to Maturity:
None
Other Reportable Activities:
None
Page 3 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 24 of 94
CITY OF ATASCADERO
TREASURER'S REPORT
CASH & INVESTMENTS ACTIVITY SUMMARY
for the quarter ending September 30, 2023
CHECKING FISCAL
ACCOUNTS INVESTMENTS AGENT TOTALS
Balance per Banks at
July 1, 2023 $ 6,409,009 $ 71,406,881 $ 2,336,228 80,152,118$
Receipts 7,919,228 189,423 30,780 8,139,431
Recognition of Premiums &
Discounts - 24,647 - 24,647
Disbursements (15,258,324) - (661,606) (15,919,930)
Transfers In 13,275,000 5,366,533 1,107,751 19,749,284
Transfers Out (6,474,284) (13,275,000) - (19,749,284)
Balance per Banks at
September 30, 2023 $ 5,870,629 $ 63,712,484 $ 2,813,153 72,396,266
Deposits in Transit 350,664
Timing Differences (1,204,740)
Adjusted Treasurer's Balance $ 71,542,190
Page 4 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 25 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/COST OF MARKET UNREALIZED
DATE (ISSUER)DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT)INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
Funds Managed by City
n/a
Local Agency Invest.
Fund (LAIF)n/a State Investment Fund n/a n/a 3.53%16,121,054$ n/a 16,121,054$ 15,876,473$ (244,581)$
n/a Broker Money Market n/a Money Fund n/a n/a Vary - n/a - - -
10/13/23 Luther Burbank Savings
Santa Rosa, CA
10/14/22 Certificate of Deposit n/a 4.05%4.05%240,000 n/a 240,000 239,858 (142)
11/06/23 Federal Farm Credit Bank
CUSIP #3133EJQ85
11/06/18 Government Security n/a 3.05%3.06%500,000 (4) 499,996 498,795 (1,201)
11/08/23 Morgan Stanley Private Bank
New York, NY
11/08/18 Certificate of Deposit n/a 3.55%3.55%245,000 n/a 245,000 244,463 (537)
12/08/23 Federal Home Loan Bank
CUSIP #3130AAHE1
04/30/20 Government Security n/a 2.50%0.39%640,000 2,556 642,556 636,538 (6,018)
01/30/24 First Premier Bank
Sioux Falls, SD
01/30/19 Certificate of Deposit n/a 2.95%2.95%245,000 n/a 245,000 242,922 (2,078)
02/22/24 Bank of Delight
Delight, AR
02/22/19 Certificate of Deposit n/a 2.85%2.85%245,000 n/a 245,000 242,503 (2,497)
03/08/24 Federal Home Loan Bank
CUSIP #3130AB3H7
03/07/19 Government Security Aaa 2.38%2.58%750,000 (664) 749,336 739,890 (9,446)
03/27/24 First National Bank
East Lansing, MI
03/27/19 Certificate of Deposit n/a 2.75%2.75%245,000 n/a 245,000 241,781 (3,219)
04/26/24 Mainstreet Bank
Fairfax, VA
05/01/19 Certificate of Deposit n/a 2.60%2.60%245,000 n/a 245,000 240,989 (4,011)
05/13/24 Federal Farm Credit Bank
CUSIP #3133EKLB0
05/13/19 Government Security Aaa 2.31%2.32%500,000 (21) 499,979 490,440 (9,539)
05/16/24 Enterprise Bank
Allison Park, PA
05/16/19 Certificate of Deposit n/a 2.60%2.60%245,000 n/a 245,000 240,580 (4,420)
06/01/24 Tulare County Pension Bond
CUSIP #899154AW8
09/28/20 Municipal Security A1 3.56%0.79%120,000 2,195 122,195 118,282 (3,913)
06/13/24 US Treasury Bills
CUSIP #912797FS1
09/26/23 Government Security F-1+
(Aaa equivalent)
0.00%5.25%100,000 (3,579) 96,421 96,291 (130)
06/26/24 Commerce Bank
Geneva, MN
06/26/19 Certificate of Deposit n/a 2.30%2.30%245,000 n/a 245,000 239,140 (5,860)
07/23/24 BankUnited
Miami Lakes, FL
07/24/23 Certificate of Deposit n/a 5.30%5.30%237,000 n/a 237,000 236,280 (720)
07/26/24 Abacus Federal Savings
New York, NY
07/26/19 Certificate of Deposit n/a 2.00%2.00%245,000 n/a 245,000 237,844 (7,156) Page 5 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 26 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
08/01/24 Federal Farm Credit Bank
CUSIP 3133EJM55
07/24/19 Government Security Aaa 3.25% 1.92% 427,000$ 4,663$ 431,663$ 418,738$ (12,925)$
08/19/24 CF Bank
Worthington, OH
08/19/19 Certificate of Deposit n/a 1.85% 1.85% 245,000 n/a 245,000 236,932 (8,068)
08/28/24 Genoa Banking Company
Genoa, OH
08/28/19 Certificate of Deposit n/a 1.80% 1.80% 245,000 n/a 245,000 236,582 (8,418)
08/28/24 Int'l Bank for Recon & Develop
CUSIP #459056HV2
10/18/19 Supranational Security Aaa 1.50% 1.62% 500,000 (533) 499,467 481,765 (17,702)
08/30/24 Preferred Bank
Los Angeles, CA
08/30/19 Certificate of Deposit n/a 1.85% 1.85% 245,000 n/a 245,000 236,638 (8,362)
09/10/24 Peoples Bank
Rock Valley, IA
03/23/20 Certificate of Deposit n/a 1.50% 1.50% 100,000 n/a 100,000 96,154 (3,846)
09/20/24 Bank Deerfield
Deerfield, WI
09/20/19 Certificate of Deposit n/a 1.70% 1.70% 245,000 n/a 245,000 235,749 (9,251)
09/25/24 Grand River Bank
Grandville, MI
03/25/20 Certificate of Deposit n/a 1.00% 1.00% 245,000 n/a 245,000 233,963 (11,037)
10/15/24 Federal National Mortgage Assn
CUSIP #3135G0W66
03/13/20 Government Security Aaa 1.63% 0.81% 500,000 4,228 504,228 480,735 (23,493)
11/08/24 Raymond James Bank
St. Petersburg, FL
11/08/19 Certificate of Deposit n/a 1.80% 1.80% 245,000 n/a 245,000 234,879 (10,121)
11/18/24 Federal Farm Credit Bank
CUSIP #3133ENZ94
11/23/22 Government Security Aaa 4.50% 4.70% 400,000 (905) 399,095 395,952 (3,143)
12/13/24 Federal Home Loan Bank
CUSIP #3130A3GE8
03/13/20 Government Security Aaa 2.75% 0.84% 500,000 11,431 511,431 484,450 (26,981)
01/15/25 Int'l Bank for Recon & Develop
CUSIP #459058HT3
01/16/20 Supranational Security Aaa 1.63% 1.66% 500,000 (249) 499,751 476,265 (23,486)
01/20/25 Live Oak Banking Company
Wilmington, NC
01/24/20 Certificate of Deposit n/a 1.85% 1.85% 245,000 n/a 245,000 233,247 (11,753)
01/24/25 Baycoast Bank
Swansea, MA
01/24/20 Certificate of Deposit n/a 1.70% 1.70% 245,000 n/a 245,000 232,769 (12,231)
02/12/25 Federal Home Loan Mtge Corp
CUSIP #3137EAEP0
03/13/20 Government Security Aaa 1.50% 0.79% 500,000 4,837 504,837 475,260 (29,577)
03/03/25 Federal Farm Credit Bank
CUSIP #3133ELQY3
03/04/20 Government Security Aaa 1.21% 0.88% 500,000 2,305 502,305 471,535 (30,770)
03/26/25 Evergreen Bank Group
Oak Brook, IL
03/26/20 Certificate of Deposit n/a 1.00% 1.00% 245,000 n/a 245,000 228,769 (16,231)
Page 6 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 27 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
03/27/25 Bank of Romney
Romney, WV
03/27/20 Certificate of Deposit n/a 1.15% 1.15% 245,000$ n/a 245,000$ 229,266$ (15,734)$
03/27/25 First Jackson Bank
Stevenson, AL
03/27/20 Certificate of Deposit n/a 1.15% 1.15% 245,000 n/a 245,000 229,266 (15,734)
04/01/25 El Cajon Taxable Pension Obl
CUSIP 282659AX9
01/27/21 Municipal Security Aa 1.18% 0.70% 650,000 4,653 654,653 605,644 (49,009)
04/28/25 First National Bank
McGregor, TX
04/28/20 Certificate of Deposit n/a 1.35% 1.35% 245,000 n/a 245,000 229,175 (15,825)
04/29/25 Flagstar Bank
Troy, MI
03/26/20 Certificate of Deposit n/a 1.15% 1.15% 245,000 n/a 245,000 228,590 (16,410)
05/01/25 Corona California Pension
CUSIP #21969AAD4
04/12/23 Municipal Security AA+ 1.13% 4.50% 450,000 (22,903) 427,097 419,809 (7,288)
05/15/25 Tennessee Valley Authority
CUSIP #880591EW8
11/09/22 Government Security Aaa 0.75% 4.77% 205,000 (12,738) 192,262 190,291 (1,971)
06/30/25 US Treasury Notes
CUSIP #912828XZ8
04/13/22 Government Security Aaa 2.75% 2.61% 500,000 1,128 501,128 480,080 (21,048)
07/01/25 Northern Calif Power Agency
CUSIP #664845FN9
04/13/22 Municipal Security Aa3 2.39% 3.04% 305,000 (3,365) 301,635 288,841 (12,794)
07/01/25 University of California
CUSIP #91412GU94
10/22/20 Municipal Security Aa2 3.06% 0.81% 300,000 11,762 311,762 289,095 (22,667)
08/18/25 Federal National Mortgage Assn
CUSIP #3136G4M75
01/09/22 Government Security Aaa 0.52% 4.70% 280,000 (20,870) 259,130 256,662 (2,468)
08/20/25 Northeast Community Bank
White Plains, NY
07/19/23 Certificate of Deposit n/a 0.45% 4.99% 160,000 (13,086) 146,914 145,600 (1,314)
09/01/25 San Bernardino Successor Agency
Swansea, MA
10/22/20 Municipal Security Aa 4.00% 0.71% 175,000 10,978 185,978 174,584 (11,394)
09/12/25 Federal Home Loan Bank
CUSIP #3130A6C70
10/04/22 Government Security Aaa 2.63% 4.13% 570,000 (15,918) 554,082 543,210 (10,872)
10/01/25 Folsom Cordova School District
CUSIP #34440PCN9
11/10/20 Municipal Security Aa- 3.00% 1.00% 400,000 15,840 415,840 381,968 (33,872)
11/07/25 Federal National Mortgage Assn
CUSIP #3135G06G3
12/14/20 Government Security Aaa 0.50% 0.42% 500,000 838 500,838 454,690 (46,148)
11/15/25 Tulare Sewer Revenue
CUSIP 899124MF5
12/11/20 Municipal Security Aa 1.46% 0.58% 400,000 7,365 407,365 367,040 (40,325)
12/11/25 BMW Bank North America
Salt Lake City, UT
12/11/20 Certificate of Deposit n/a 0.50% 0.50% 245,000 n/a 245,000 219,709 (25,291)
Page 7 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 28 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
12/18/25 Third Federal Savings & Loan
Cleveland, OH
12/18/20 Certificate of Deposit n/a 1.46% 1.46% 245,000$ n/a 245,000$ 219,265$ (25,735)$
12/29/25 American Nat'l Bank
Baxter, MN
09/29/23 Certificate of Deposit n/a 5.00% 5.00% 248,000 n/a 248,000 245,210 (2,790)
01/15/26 First Reliance Bank
Florence, SC
01/15/21 Certificate of Deposit n/a 0.30% 0.30% 245,000 n/a 245,000 217,477 (27,523)
01/22/26 ConnectOne Bank
Englewood Cliffs, NJ
01/22/21 Certificate of Deposit n/a 0.45% 0.45% 245,000 n/a 245,000 218,074 (26,926)
01/22/26 Luana Savings Bank
Luana, IA
01/22/21 Certificate of Deposit n/a 0.40% 0.40% 245,000 n/a 245,000 218,033 (26,967)
02/09/26 First United Bank & Trust
Durant, OK
03/16/23 Certificate of Deposit n/a 4.25% 4.81% 120,000 (1,500) 118,500 116,657 (1,843)
02/11/26 Ind'l & Com'l Bank of China
New York, NY
02/22/21 Certificate of Deposit n/a 0.45% 0.45% 245,000 n/a 245,000 217,751 (27,249)
02/24/26 Eaglebank
Bethesda, MD
03/16/23 Certificate of Deposit n/a 4.25% 4.25% 244,000 n/a 244,000 237,170 (6,830)
03/02/26 Federal Farm Credit Bank
CUSIP #3133EFH91
03/03/21 Government Security Aaa 2.22% 0.75% 876,000 30,818 906,818 821,793 (85,025)
03/27/26 Federal Agriculture Mtge Corp
CUSIP #31422XDX7
03/30/21 Government Security n/a 0.83% 0.87% 500,000 (468) 499,532 453,210 (46,322)
04/23/26 Malaga Bank
Palos Verdes Peninsula, CA
04/23/21 Certificate of Deposit n/a 0.55% 0.55% 245,000 n/a 245,000 216,178 (28,822)
04/24/26 Federal National Mortgage Assn
CUSIP #3135G0K36
04/26/21 Government Security Aaa 2.13% 0.77% 500,000 17,206 517,206 466,360 (50,846)
05/19/26 Eaglemark Savings Bank
Reno, NV
05/19/21 Certificate of Deposit n/a 0.70% 0.70% 245,000 n/a 245,000 216,668 (28,332)
05/31/26 US Treasury Notes
CUSIP #91282CCF6
11/23/22 Government Security Aaa 0.75% 4.15% 500,000 (42,478) 457,522 449,045 (8,477)
06/01/26 Golden St TOB
CUSIP #38122NC59
05/10/23 Municipal Security A 2.16% 4.52% 150,000 (8,812) 141,188 136,182 (5,006)
06/05/26 Enterprise Bank
Omaha, NE
09/27/23 Certificate of Deposit n/a 0.85% 4.99% 249,000 (25,855) 223,145 220,460 (2,685)
06/24/26 First Financial Bank
Dakota Dunes, SD
09/27/23 Certificate of Deposit n/a 3.15% 5.11% 249,000 (12,425) 236,575 234,526 (2,049)
06/30/26 UBS Bank USA
Salt Lake City, UT
05/19/21 Certificate of Deposit n/a 0.90% 0.90% 245,000 n/a 245,000 216,634 (28,366)
Page 8 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 29 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
07/01/26 New York Community Bank
Hicksville, NY
06/29/21 Certificate of Deposit n/a 0.85% 0.85% 245,000$ n/a 245,000$ 216,563$ (28,437)$
07/22/26 Toyota Financial Savings Bank
Henderson, NV
07/22/21 Certificate of Deposit n/a 0.95% 0.95% 245,000 n/a 245,000 216,676 (28,324)
08/01/26 Rancho Adobe Fire Protection
CUSIP #752096AE7
10/14/21 Municipal Security Aa 1.43% 1.25% 260,000 1,297 261,297 233,514 (27,783)
08/13/26 Synchrony Bank
Draper, UT
08/13/21 Certificate of Deposit n/a 0.90% 0.90% 245,000 n/a 245,000 215,855 (29,145)
09/24/26 Federal National Mortgage Assn
CUSIP #3135G0Q22
09/24/21 Government Security Aaa 1.88% 0.80% 500,000 15,877 515,877 459,165 (56,712)
09/29/26 First Bank Richmond
Richmond, IN
09/29/21 Certificate of Deposit n/a 0.55% 0.55% 245,000 n/a 245,000 212,493 (32,507)
10/01/26 California Infrastructure Bonds
CUSIP #13034AL73
10/05/22 Municipal Security AAA 1.04% 4.69% 155,000 (15,709) 139,291 137,394 (1,897)
10/01/26 Manteca Redevelopment Bonds
CUSIP #56453RBA1
10/05/22 Municipal Security AA 2.04% 4.81% 115,000 (8,814) 106,186 103,917 (2,269)
10/31/26 US Treasury Notes
CUSIP #912828YQ7
11/23/22 Government Security Aaa 1.63% 4.07% 250,000 (17,563) 232,437 227,480 (4,957)
11/17/26 Capital One Bank
Glen Allen, VA
11/17/21 Certificate of Deposit n/a 1.10% 1.10% 245,000 n/a 245,000 215,154 (29,846)
11/17/26 Capital One National
McLean, VA
11/17/21 Certificate of Deposit n/a 1.10% 1.10% 245,000 n/a 245,000 215,154 (29,846)
11/17/26 Federal Agricultural Mtge Corp
CUSIP #31422XPS5
09/27/23 Government Security n/a 1.15% 4.86% 500,000 (53,294) 446,706 445,715 (991)
12/21/26 Federal Home Loan Bank
CUSIP #3130AQF65
12/30/21 Government Security Aaa 1.25% 1.26% 500,000 (117) 499,883 446,480 (53,403)
12/28/26 Federal Farm Credit Bank
CUSIP #3133EJ4E6
01/18/22 Government Security Aaa 3.13% 1.58% 200,000 9,726 209,726 189,576 (20,150)
12/31/26 Bank Kremlin
Kremlin, OK
12/31/21 Certificate of Deposit n/a 1.05% 1.05% 245,000 n/a 245,000 213,579 (31,421)
01/15/27 San Joaquin Hills Trans Agency
CUSIP # 798111HF0
01/19/22 Municipal Security A2 2.15% 1.88% 500,000 4,270 504,270 452,710 (51,560)
02/10/27 Federal Agriculture Mtge Corp
CUSIP #31422XTX0
02/17/22 Government Security n/a 1.60% 1.96% 550,000 (6,423) 543,577 495,891 (47,686)
02/17/27 Beal Bank USA
Las Vegas, NV
02/23/22 Certificate of Deposit n/a 1.90% 1.90% 245,000 n/a 245,000 219,108 (25,892)
Page 9 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 30 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
02/23/27 Sallie Mae Bank
Salt Lake City, UT
10/13/22 Certificate of Deposit n/a 2.20% 4.17% 184,000$ (11,417)$ 172,583$ 166,238$ (6,345)$
03/01/27 Sonoma Marin Area Rail Transit
CUSIP #835588BA1
12/07/22 Municipal Security AA 1.73% 4.45% 500,000 (42,700) 457,300 445,450 (11,850)
03/12/27 Federal Home Loan Bank
CUSIP #3130A3DU5
03/17/22 Government Security Aaa 3.00% 2.20% 500,000 13,197 513,197 470,770 (42,427)
03/16/27 American Express Nat'l Bank
Sandy, UT
03/16/22 Certificate of Deposit n/a 2.00% 2.00% 245,000 n/a 245,000 219,491 (25,509)
03/17/27 Beal Bank
Plano, TX
03/23/22 Certificate of Deposit n/a 2.00% 2.00% 245,000 n/a 245,000 218,307 (26,693)
04/14/27 Comenity Capital Bank
Draper, UT
04/14/22 Certificate of Deposit n/a 2.65% 2.65% 245,000 n/a 245,000 223,964 (21,036)
04/30/27 US Treasury Notes
CUSIP # 91282CEN7
01/18/23 Government Security Aaa 2.75% 3.64% 1,000,000 (29,769) 970,231 935,120 (35,111)
05/01/27 LA Unified School District
CUSIP # 544646A77
05/11/22 Municipal Security Aa3 5.72% 3.81% 500,000 31,835 531,835 502,365 (29,470)
05/15/27 US Treasury Notes
CUSIP #912828X88
05/24/22 Government Security Aaa 2.38% 2.87% 500,000 (8,354) 491,646 461,095 (30,551)
06/09/27 Federal Home Loan Bank
CUSIP #3130A5JU4
06/22/22 Government Security Aaa 3.04% 3.43% 200,000 (2,658) 197,342 188,096 (9,246)
06/11/27 Federal Home Loan Bank
CUSIP #3130ASGU7
06/22/22 Government Security Aaa 3.50% 3.41% 200,000 653 200,653 191,162 (9,491)
06/15/27 Federal Farm Credit Bank
CUSIP #3133EHNR0
06/22/22 Government Security Aaa 2.58% 3.43% 480,000 (14,033) 465,967 443,486 (22,481)
07/01/27 Sequoia CA Union High
CUSIP #817409N50
05/10/23 Municipal Security AA1 1.95% 4.20% 350,000 (27,037) 322,963 313,355 (9,608)
07/16/27 Federal Farm Credit Bank
CUSIP #3133EAXT0
07/26/22 Government Security Aaa 2.75% 2.98% 135,000 (1,099) 133,901 125,327 (8,574)
08/01/27 Corona Norco Ca Unif Sch Dist
CUSIP # 219764SB4
08/04/22 Municipal Security AA- 2.30% 3.63% 250,000 (11,824) 238,176 224,723 (13,453)
08/01/27 Escondido CA Unif Sch Dist
CUSIP # 2963871UV7
08/05/22 Municipal Security AA2 1.13% 3.53% 100,000 (8,532) 91,468 86,209 (5,259)
08/01/27 Martinez CA Uni Sch Dist
CUSIP # 573428MN6
08/04/22 Municipal Security AA 1.26% 3.43% 250,000 (19,311) 230,689 216,637 (14,052)
08/01/27 San Marcos CA Uni Sch Dist
CUSIP # 798755GC2
08/05/22 Municipal Security AA 2.31% 3.68% 185,000 (8,974) 176,026 166,994 (9,032)
Page 10 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 31 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
08/01/27 Southwestern Comm College
CUSIP # 845389LS2
08/04/22 Municipal Security AA- 1.53% 3.53% 155,000$ (11,010)$ 143,990$ 135,999$ (7,991)$
08/26/27 Federal Agriculture Mtge Corp
CUSIP #31422XF23
09/02/22 Government Security n/a 3.20% 3.49% 500,000 (5,263) 494,737 470,735 (24,002)
09/15/27 Luminate Bank
Minnetonka, MN
09/15/22 Certificate of Deposit n/a 3.40% 3.40% 245,000 n/a 245,000 228,776 (16,224)
09/15/27 Ponce de Leon Fed Bank
Bronx, NY
09/15/22 Certificate of Deposit n/a 3.50% 3.50% 245,000 n/a 245,000 229,651 (15,349)
09/15/27 University of Pittsburgh
CUSIP # 798755GC2
09/15/22 Municipal Security AA+ 3.18% 3.81% 500,000 (11,503) 488,497 465,750 (22,747)
10/08/27 Federal National Mortgage Assn
CUSIP #3135G05Y5
10/12/22 Government Security Aaa 0.75% 4.12% 1,000,000 (123,836) 876,164 855,130 (21,034)
10/31/27 US Treasury Notes
CUSIP # 91282CAU5
11/09/22 Government Security Aaa 0.50% 4.31% 600,000 (84,888) 515,112 507,540 (7,572)
11/15/27 Tulare CA Sewer Rev
CUSIP #899124MH1
04/12/23 Municipal Security AA 1.93% 4.47% 325,000 (30,816) 294,184 284,069 (10,115)
11/15/27 US Treasury Notes
CUSIP # 9128283F5
12/07/22 Government Security Aaa 2.25% 3.79% 500,000 (29,121) 470,879 454,725 (16,154)
12/15/27 Forbright Bank
Potomac, MD
12/15/22 Certificate of Deposit n/a 4.00% 4.00% 245,000 n/a 245,000 233,358 (11,642)
12/16/27 Community West Bank NA
Goleta, CA
12/16/22 Certificate of Deposit n/a 4.00% 4.00% 245,000 n/a 245,000 233,348 (11,652)
01/12/28 Inter-American Dev Bank
CUSIP # 4581X0EH7
01/19/23 Supranational Security Aaa 4.00% 3.70% 1,000,000 11,776 1,011,776 969,430 (42,346)
02/10/28 First National Bk of Michigan
Kalamazoo, MI
02/10/23 Certificate of Deposit n/a 3.70% 3.70% 249,000 n/a 249,000 233,804 (15,196)
02/15/28 Belmont Bank & Trust
Chicago, IL
02/15/23 Certificate of Deposit n/a 3.75% 3.75% 249,000 n/a 249,000 234,242 (14,758)
02/15/28 US Treasury Notes
CUSIP # 9128283W8
02/01/23 Government Security Aaa 2.75% 3.64% 500,000 (17,936) 482,064 462,420 (19,644)
02/17/28 Vision Bank
St. Louis, MN
02/17/23 Certificate of Deposit n/a 3.75% 3.75% 249,000 n/a 249,000 234,222 (14,778)
03/10/28 Federal Home Loan Bank
CUSIP # 3130ATS57
03/15/23 Government Security Aaa 4.50% 3.90% 600,000 14,610 614,610 596,772 (17,838)
03/17/28 Affinity Bank
Covington, GA
03/17/23 Certificate of Deposit n/a 4.90% 4.90% 245,000 n/a 245,000 241,367 (3,633)
Page 11 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 32 of 94
MATURITY DESCRIPTION PURCHASE INVESTMENT INVESTMENT STATED FACE PREMIUM/ COST OF MARKET UNREALIZED
DATE (ISSUER) DATE TYPE RATING % RATE YIELD VALUE (DISCOUNT) INVESTMENT VALUE GAIN / (LOSS)
CITY OF ATASCADERO
INVESTMENT REPORT
September 30, 2023
03/20/28 Bank Five Nine
Oconomowoc, WI
03/20/23 Certificate of Deposit n/a 4.65% 4.65% 245,000$ n/a 245,000$ 238,922$ (6,078)$
04/01/28 California State Bonds-Taxable
CUSIP #13063DGC6
04/12/23 Municipal Security AA 3.50% 3.98% 150,000 (2,921) 147,079 140,850 (6,229)
04/01/28 California State Bonds-GO
CUSIP #13063DGC6
04/12/23 Municipal Security AA 3.50% 3.98% 525,000 (10,224) 514,776 492,975 (21,801)
04/06/28 Morgan Stanley Bank
Salt Lake City, UT
09/28/23 Certificate of Deposit n/a 4.65% 4.69% 244,000 (380) 243,620 237,927 (5,693)
05/12/28 Central Bank
Little Rock, AR
05/12/23 Certificate of Deposit n/a 3.85% 3.85% 249,000 n/a 249,000 235,952 (13,048)
05/16/28 CIBC Bank
Chicago, IL
05/16/23 Certificate of Deposit n/a 4.35% 4.35% 244,000 n/a 244,000 234,752 (9,248)
05/16/28 Univest Bank & Trust
Souderton, PA
05/16/23 Certificate of Deposit n/a 4.40% 4.40% 249,000 n/a 249,000 240,001 (8,999)
05/30/28 Idaho First Bank
McCall, ID
05/30/23 Certificate of Deposit n/a 4.20% 4.20% 245,000 n/a 245,000 242,080 (2,920)
05/31/28 Customers Bank
Phoenixville, PA
05/31/23 Certificate of Deposit n/a 4.45% 4.45% 244,000 n/a 244,000 241,116 (2,884)
06/09/28 Federal Home Loan Bank
CUSIP #3130AEB25
06/20/23 Government Security AA+ 3.25% 4.03% 170,000 (5,600) 164,400 159,708 (4,692)
06/30/28 Federal Home Loan Bank
CUSIP #3130AWN63
08/03/23 Government Security Aaa 4.00% 4.33% 500,000 (7,015) 492,985 485,400 (7,585)
07/06/28 HSBC Bank USA
McLean, VA
07/18/23 Certificate of Deposit n/a 3.30% 4.57% 249,000 (13,564) 235,436 227,173 (8,263)
07/26/28 Park State Bank
Duluth, MN
07/26/23 Certificate of Deposit n/a 4.45% 4.45% 249,000 n/a 249,000 240,098 (8,902)
07/31/28 Medallion Bank
Salt Lake City, UT
07/31/23 Certificate of Deposit n/a 4.40% 4.40% 249,000 n/a 249,000 239,543 (9,457)
08/01/28 New York City Transitional Fin Auth
CUSIP #64971XBN7
08/16/23 Municipal Security Aa1 4.90% 4.90% 850,000 (63,540) 786,460 774,826 (11,634)
08/17/28 United Fidelity Bank FBS
Evansville, IN
09/13/23 Certificate of Deposit n/a 4.50% 4.50% 249,000 n/a 249,000 240,507 (8,493)
09/05/28 Discover Bank
Greenwood, DE
09/07/23 Certificate of Deposit n/a 4.55% 4.55% 244,000 n/a 244,000 236,148 (7,852)
09/13/28 Optum Bank Inc
Draper, UT
09/13/23 Certificate of Deposit n/a 4.55% 4.55% 244,000 n/a 244,000 236,124 (7,876)
Page 12 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 33 of 94
ITEM NUMBER: A-4
DATE: 12/12/23
Page 34 of 94
City of Atascadero
Investments by Type
September 2023
Investment September 2023
LAIF 16,121,054$
Certificates of Deposit 17,915,773
Government Securities 19,262,458
Supranational Securities 2,010,994
Municipal Securities 8,402,201
Cash with Fiscal Agent 2,813,153
66,525,633$
LAIF
24%
Certificates of
Deposit
27%
Government
Securities
29%
Supranational
Securities
3%
Municipal
Securities
13%Cash with
Fiscal Agent
4%
Page 14 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 35 of 94
City of Atascadero
Investments by Maturity *
September 2023
Investment September 2023
On Demand 16,121,054$
Within One Month 240,000
One Month to One Year 7,063,613
One to Five Years 40,287,813
63,712,480$
* Cash with fiscal agent is not included in the totals for this graph because the amounts are restricted based on
bond covenants, and therefore, the City doesn't retain the option to liquefy these funds at will.
On Demand
25%
Within One Month
1%One Month to One
Year
11%
One to Five Years
63%
Page 15 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 36 of 94
City of Atascadero
Investments by Custodial Agent
September 2023
Custodial Agent September 2023
State of California 16,121,054$
Union Bank 47,591,426
Bank of New York 2,813,153 Other
66,525,633$
State of California
24%
Union Bank
72%
Bank of New York
4%
Page 16 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 37 of 94
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Quarter Ended September 30, 2023
City Yield
2-Yr
Treasury
Weighted
Portfolio
Yield
September 2021 1.14% 0.86%
December 2021 1.08% 0.99%
March 2022 1.12% 1.49%
June 2022 1.36% 2.05%
September 2022 1.73% 2.45%
December 2022 2.19% 2.63%
March 2023 2.53% 2.93%
June 2023 2.68% 3.17%
September 2023 2.75% 2.58%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
City Yield 2-Yr Treasury Weighted Portfolio Yield
Page 17 of 17
ITEM NUMBER: A-4
DATE: 12/12/23
Page 38 of 94
ITEM NUMBER: A-5
DATE: 12/12/23
Atascadero City Council
Staff Report - City Manager
Contract for City Attorney Services
RECOMMENDATION:
Council approve, and authorize the City Manager to execute, an agreement with the law
firm of Richards, Watson & Gershon, in substantial conformance with the attached draft
agreement, to provide City Attorney legal services for the City of Atascadero, and
appoint David Fleishman as City Attorney and Craig Steele as Assistant City Attorney.
DISCUSSION:
On November 27, 2007, the City Council approved retaining the law firm of Burke,
Williams & Sorensen to provide City Attorney services and appointed Brian Pierik, a
partner in the Burke firm, to serve as the City Attorney. After 16 years of service to the
City, Mr. Pierik advised that he was reducing the scope of his legal practice and the City
would need to appoint a new City Attorney. On October 10, 2023, the City Council
appointed Karl Berger a partner in the Burke firm, to serve as Interim City Attorney,
effective immediately, and authorized the City Manager to issue a Request for
Proposals for City Attorney Services.
Following the close of the RFP, the City Council interviewed three qualified firms on
December 4, 2023. At the conclusion of the interviews, the Council directed the City
Manager to negotiate a contract with Richards, Watson & Gershon (RWG) for City
Attorney legal services with David Fleishman to serve as the City Attorney.
David Fleishman has over 30 years of experience in public agency representation and
his practice has focused on the representation of public agencies in an advisory role as
city attorney or general counsel, as well as in public entity defense litigation, including
writs and appeals, civil rights, Fair Labor Standards Act, wrongful termination,
employment investigations, public contracting, tort claims, and code enforcement. He
currently serves as City Attorney for the City of Pismo Beach and the City of Solvang.
RWG is a statewide leader in providing legal services to municipalities and other public
agencies throughout California. The firm has five offices in the state, including a local
office in San Luis Obispo. RWG has been an established public law presence in San
Luis Obispo County and the Central Coast since 2001. They are a full-service law firm
and currently serve as City/Town Attorney to 25 California municipalities, and general or
special counsel to local and regional public agencies across the state. RWG has
expertise in all areas of municipal law including specialized areas such as land use,
environmental law, CEQA, real estate, municipal finance, and code enforcement.
Page 39 of 94
ITEM NUMBER: A-5
DATE: 12/12/23
The attached agreement appoints David Fleishman as City Attorney and Craig Steele
as Assistant City Attorney.
FISCAL IMPACT:
Monthly retainer of $13,000 for general legal work and additional services billed at an
hourly rate. This is within the budget for City Attorney services.
ATTACHMENT:
1. Draft City Attorney Agreement
2. Dave Fleishman Bio
3. Craig Steele Bio
Page 40 of 94
CITY OF ATASCADERO
CONTRACT FOR
Richards, Watson & Gershon
for
CITY ATTORNEY SERVICES
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 41 of 94
rev 5/1/06 1
792119.3
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
RICHARDS, WATSON & GERSHON
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation (“City”) and Richards, Watson & Gershon (“Consultant”). City and
Consultant agree as follows:
1. SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at all times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 42 of 94
2
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person’s race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE:
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A.
4. COMPENSATION:
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager’s
designee (hereinafter “City Manager” shall include the City Manager’s designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City’s express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager’s request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant’s performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 43 of 94
3
C. APPOINTMENT OF CITY ATTORNEY AND ASSISTANT CITY ATTORNEY. David
Fleishman is appointed as the City Attorney, and General Counsel to other City agencies and
authorities. Craig Steele is appointed as Assistant City Attorney, and Assistant General Counsel
to other City agencies and authorities. City Attorney and Assistant City Attorney shall serve at
the pleasure of the Legislative body of City, and may be replaced at any time, with or without
cause, by the Legislative body, without amending this Agreement. The City Attorney, or
approved successor, shall be responsible for providing or causing to be provided the Scope of
Work identified in Exhibit A. The parties understand and agree that Consultant may utilize other
attorneys within Consultant’s firm to assist Mr. Fleishman and Mr. Steele in the performance of
legal services.
D. APPROVAL OF STAFF. Consultant shall make every reasonable effort to maintain
the stability and continuity of Consultant’s staff assigned to perform the services required under
this Contract. Consultant shall notify City of any changes in Consultant’s staff to be assigned to
perform the services required under this Contract.
6. TERMINATION:
A. 30 DAYS NOTICE. The City or Consultant, upon thirty (30) days written notice, may
terminate this Contract, without cause, at any time. In the event of such termination, Consultant
shall be compensated for non-disputed fees under the terms of this Contract up to the date of
termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
7. CHANGES:
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant’s compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant’s
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
8. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Consultant shall have no property right
therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the
materials prepared by the Consultant if used for purposes other than those expressly set forth
in the Intended Use of Consultant’s Products and Materials section of this Contract. Consultant
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 44 of 94
4
required by government agencies to enable Consultant to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may be
provided by court order. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all files and other such materials and property of the City as may have been prepared or
accumulated to date by the Consultant in performing this Contract. Consultant will be allowed
to retain copies of all deliverables to the City. If City does not accept any physical copies of
Consultant’s files within a reasonable time following Consultant’s offer to transfer, Consultant
may destroy such files following notice to City.
9. CONFLICTS OF INTEREST:
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant’s performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party, including the non-releasing party’s
attorney’s fees and disbursements, including without limitation expert’s fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant’s right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 45 of 94
5
11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City’s sole cost and
expense.
12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor’s license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 46 of 94
6
15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant’s profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties') from and against any and all losses, liabilities,
damages, costs and expenses, including attorneys’ fees and costs to the extent same are
caused by any negligence or wrongful act, error or omission of Consultant, willful misconduct,
or recklessness of its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional services
under this agreement.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest,
defense costs, and expert witness fees), to the extent the same arise out of, are a consequence
of, or are in any way attributable to the performance of this Agreement by Consultant or by any
individual or entity for which consultant is legally liable, including but not limited to officers,
agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each
and every subconsultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this agreement. In the event consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on
the successor, assigns or heirs of Consultant and shall survive the termination of this agreement
or this section.
17. INSURANCE:
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 47 of 94
7
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In
performing this Contract, the parties shall not discriminate or grant preferential treatment on the
basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin,
and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal
laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys’ fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and
capability of the persons and entities that will fulfill the duties and obligations imposed upon
Consultant by this Contract. In recognition of that interest, neither any complete nor partial
assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted,
or added to without the prior written consent of City which consent shall not be unreasonably
withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and
constitute a material breach of this Contract entitling City to any and all remedies at law or in
equity, including summary termination of this Contract. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 48 of 94
8
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
J. NOTICES. All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be in
writing and shall be deemed to have been given if delivered personally or enclosed in a properly
addressed envelope and deposited in a United States Post Office for delivery by registered or
certified mail addressed to the parties (deemed to have been received three (3) business days
after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Consultant Richards, Watson & Gershon
David Fleishman
847 Monterey Street, Suite 206
San Luis Obispo, California 93401
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 49 of 94
9
Effective to this ______ day of __________, 2023 by the parties as follows.
Richards, Watson & Gershon
__________________________________
Craig A. Steele, President
CITY OF ATASCADERO
__________________________________
James R. Lewis, City Manager
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 50 of 94
10
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions, if applicable, before commencing the performance of the work of this contract. (Cal.
Labor C. §§1860, 1861.)
Richards, Watson & Gerson
_____________________________
Craig A. Steele, President
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
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A-1
EXHIBIT A
Scope of Work
Consultant will provide legal services that assist the City in carrying out its mission in providing
effective and efficient municipal services for the community while preserving its quality of life
and small-town character in a 21st century environment. Consultant will provide services to the
City in a professional, responsible, and unbiased manner at all times. The extent of
Consultant’s onsite presence will be set and structured in consultation with the City Manager.
Specifically, Consultant will assist the City by:
• Providing clear and concise solution-oriented legal advice and consultation on a daily
basis, as requested by members of the City Council, the City Manager, City
Commissions, or City staff;
• Attending City Hall office hours at the times and days established between the City
Attorney and City Manager;
• Attending City Council and Planning Commission meetings, as well as any other
meetings as requested;
• Providing guidance concerning requirements of the Brown Act, Conflicts of Interest, the
Political Reform Act, the Public Records Act, CEQA, land use and zoning, tort liability
and risk, due process and other legal requirements;
• Providing trainings to elected and appointed officials and City staff, including but not
limited to: AB 1234 Ethics Training, Ralph M. Brown Act Training, Public Records
Request contracts/agreements, and other legal-related trainings as-needed;
• Preparing, reviewing, and revising staff reports, resolutions, ordinances, legal opinions,
contracts, deeds, leases, and all other legal documents as needed by the City;
• Assisting with land use, property acquisitions, property disposals, public improvements,
easements, dedications, and right-of-way vacations to help the City promote orderly
development;
• Providing legal advice on land use and planning matters and compliance with CEQA for
public and private projects;
• Coordinating and/or advising the City in litigation matters including litigation not covered
by the City’s general liability or worker’s compensation insurance or otherwise handled
by outside legal counsel;
• Representing the City in litigation matters when assigned to the City Attorney by the City
Council;
• Preparing quarterly status reports briefly summarizing the status of litigation matters as
well as advising the City Council and City Manager of significant developments in such
litigation;
• Representing the City in inter-agency projects and other legal matters;
• Coordinating with and managing outside legal counsel on City litigation and providing
oversight of the City’s risk management program and general liability claims;
• Providing legal advice and assistance to the City Manager and all operating
departments in a collaborative and solution-oriented manner;
• Reviewing compliance with public records for public records requests, records
destruction, and assist with contract development;
• Counseling the City regarding taxes, assessments, fees, and other financial advice,
including budget and ACFR review and long-term financing options;
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
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• Drafting and updating the City’s General Plan, Specific Plans, Municipal Code, and
Zoning Code, including regulations related to state and federal housing legislation;
• Monitoring pending and current state and federal legislation and court decisions, as
appropriate, and providing written updates on those that have the potential to affect the
City, along with suggested action or changes in operations or procedures to assure
compliance;
• Providing counsel on personnel matters including disciplinary actions and training; and
• Generally, overseeing and managing the legal affairs of the City and ensuring
compliance with all applicable laws.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
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EXHIBIT B
Compensation and Method of Payment
Services will be conducted on a time and material basis not to exceed the City’s annual budget
for legal services. Any reimbursable costs and annual rate adjustments, beginning on July 1,
2025, will be included in the total legal services budget.
Rates
Services will be provided on a retainer rate structure with a discounted rate for a block of 50
hours each month. Under this rate structure, the City will be billed $13,000 per month for the
first 50 hours of “General Services” time defined below (the equivalent of $260 per hour). If the
City requires fewer than 50 hours of General Services in a calendar month, the unused
balance of such hours shall be credited first to any Special Services and next to any Litigation
Services rendered that month to ensure that the City obtains the full economic benefit of the
initial 50 hour discounted General Services rate in a calendar month. If the City requires more
than 50 hours of General Services in a month, the additional hours will be billed to the City at a
rate of $275 per hour.
Special Services, Litigation Services, Third-Party Services, Paralegal Services, and Bond
Counsel Services would be compensated on an hourly fee basis. The rates for each of these
categories are listed in the table below, and the categories are described in detail in Exhibit A.
General Services. General Services are defined to include all services that are not otherwise
defined herein as Special Services, Litigation Services, Third-Party Services, Paralegal
Services, or Bond Counsel Services. General Services include, without limitation, the following
services unless performed in regard to services defined as other than General Services:
1. In-person attendance by the City Attorney or Assistant City Attorney to City Council
meetings unless excused by the City Manager;
2. In-person attendance by the City Attorney or Assistant City Attorney to Planning
Commission meetings at the designation of the City Manager;
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DATE: 12/12/23
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3. Office hours or other communications with City staff and legal services provided to the
City.
4. Attendance at Executive Team meetings, City staff meetings, and any other meetings of
Commissions and Committees on an as needed basis as directed by the City Manager;
5. Legal research and legal advice, opinions, assistance, and consultation related to
municipal law issues to the City Council and Planning Commission, and their various
committees and sub-committees, the City Manager, and City staff;
6. Preparation and review of legal opinions, staff reports, ordinances, resolutions,
agreements, forms, notices, certificates, deeds, leases/licenses, and other documents
for the City Council or Planning Commission as requested;
7. Oversight of legal matters handled by outside counsel;
8. Legal services for entities created by the City Council;
9. Advice to the City Council, Commissioners, and City staff related to the Brown Act, AB
1234, conflicts of interest, the Political Reform Act, meeting parliamentary procedures,
and other legal requirements imposed by statute, including periodic training as specified
above;
10. Written updates to new state or federal legislation or judicial decisions and suggest
action or procedures to ensure compliance; and
11. Such other similar legal services as may be directed by the City Council or City
Manager from time to time.
General Services will be billed to, and compensated by, the City as described in Exhibit A, in a
retainer arrangement for the first 50 General Services hours, and then on an hourly basis
above that.
Special Services. Special Services are defined to include the following advisory (non-
litigation) services:
1. Real Estate matters;
2. Labor and Employment matters involving hearings before arbitrators/hearing officers;
3. Environmental Law Services, including but not limited to, Hazardous Waste, Clean Air
Act, and Clean Water Act issues;
4. Advisory services in connection with complex land use matters, which are defined to
mean negotiation, drafting, and related CEQA and/or NEPA work on (a) development
agreements and related entitlements, (b) entitlements for land use projects of twenty
(20) or more residential units or commercial or mixed use projects in excess of two (2)
acres;
5. Housing legal services on tasks or projects requiring ten (10) or more hours;
6. Successor agency advisory matters;
7. Water and water rights law advisory matters;
8. Telecommunications matters;
9. Taxes, fees, and, charges matters (e.g. Proposition 218 & Mitigation Fee Act); and
10. Advisory services related to public bidding and construction disputes;
Special Services will be billed to, and compensated by, the City at a composite hourly rate of
$290 per hour for all attorneys. Travel time incurred for Special Services would be
compensated at the Special Services rate, although we do not anticipate incurring any
significant travel time for special services.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
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Litigation Services. Litigation Services are defined as the representation of the City in all
aspects of the initiation, advancement, or defense of claims in litigation, arbitration, or
mediation. Additionally, Litigation Services include representation of the City in administrative
proceedings before other public agencies. Litigation Services shall be billed to, and
compensated by, the City at composite hourly rates of $325 per hour for all attorneys, except
as to services for Pitchess Motions and Code Enforcement, which shall be billed to, and
compensated by, the City at a discounted composite hourly rate of $245 per hour for all
attorneys. Travel time incurred for Litigation Services would be compensated at the Litigation
Services rates.
Third-Party Services. Legal services that the City elects to have reimbursed by third-parties
shall be compensated at a 10% discount from the Firm’s then-standard hourly rates. Travel
time incurred for Third-Party Services would be compensated at the Third-Party Services
rates.
Paralegal Services. Services performed by paralegals shall be billed to, and compensated by,
the City at a composite hourly rate of $195 per hour for all Paralegals in all substantive areas.
Travel time incurred for Paralegal Services would be compensated at the Paralegal Services
rates.
Bond Counsel Services. Bond Counsel Services will be defined as bond counsel, disclosure
counsel, and/or issuer counsel services in connection with the issuance of bonds or other
obligations by the City, or any entity created, formed or controlled by the City. Bond Counsel
Services will be billed to, and compensated by, the City as follows:
1. Consultant shall charge a composite hourly rate for all attorneys of $425 per hour for
any of these services. The maximum total fee charged for an issuance shall not exceed
an amount that the City Manager deems fair and reasonable.
2. Consultant’s costs and expenses shall be paid in accordance with its legal services
agreement.
3. In the event the proceedings for issuance of the bonds are terminated before closing,
Consultant would expect to be paid for its services to the date of abandonment at the
hourly rate set forth above, not to exceed an amount that the City Manager deems fair
and reasonable.
4. If providing Bond Counsel Services involves the formation of a joint powers authority or
another entity controlled by the City, Consultant shall provide such Bond Counsel
Services.
5. Supplemental bond counsel fees for unanticipated circumstances:
a. As to lease revenue bonds, in some instances it may be necessary to call upon
the real estate expertise of Consultant to resolve unanticipated issues that arise
over questions of title, encumbrances, or other matters relating to the leased
assets. In those instances, Consultant will bill the additional time devoted to such
unanticipated issues at a composite rate of $295 per hour. Consultant will notify
the City at the earliest point possible if Consultant believes that the work rises to
the level of additional time subject to this paragraph. The total fee for this
additional work will not exceed an amount which the City Manager deems fair
and reasonable, and would be supplemental to the fee amounts due under
subsection 1 above.
b. As to the refunding of existing tax-exempt bonds, in some instances Consultant
review of the timing or purposes of expenditures of proceeds of the refunded
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DATE: 12/12/23
ATTACHMENT: 1
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bonds, or the use of property financed or refinanced with proceeds of the
refunded bonds, could require unanticipated supplemental analysis. In those
instances, Consultant will bill additional time at a composite rate of $295 per
hour. Consultant will notify the City at the earliest point possible if we believe that
the work rises to the level of supplemental analysis subject to this paragraph.
The total fee for this supplemental analysis will not exceed an amount which the
City Manager deems fair and reasonable, and would be supplemental to the fee
amounts due under subsection 1 above.
Billing Method
Time incurred in providing legal services will be billed in minimum six-minute increments to
billing accounts set up as specified by City. Consultant invoices will provide explanations of
tasks performed, dates of work, and the names of the attorneys that performed the work.
Reimbursable Costs
In addition to legal fees, Consultant will bill the City for costs in connection with representation.
Mileage and hourly rates will be charged to and from our San Luis Obispo office based on the
federal government’s standard mileage rate, unless a particular specialized matter requires the
in-person attendance of an attorney from one of our other offices. Other costs include copying
documents ($.05/page), court fees, litigation costs, travel costs to/from outside San Luis
Obispo County, messenger and delivery services, and other similar costs.
Staff Training
RWG will make available without charge (either in-person or on-line) one two-hour AB 1234
training session each fiscal year and up to five hours of training/staff development each fiscal
year on topics mutually agreed upon with the City Manager. Any additional time spent
preparing for and providing training would be billed on an hourly basis as General Services
(Retainer).
Adjustments
Commencing on July 1, 2025, and on each July 1 thereafter, the monthly and hourly rates
charged above shall be automatically increased by a percentage amount equal to the
percentage increase in the United States Department of Labor, Bureau of Labor Statistics’
Consumer Price Index for All Urban Consumers, All Items for the San Luis Obispo-Paso
Robles-Arroyo Grande region (or other applicable region as agreed upon by Consultant and
City) statistical area (“CPI”) for the twelve-month period ending on the immediately prior to
April 30. Should the San Luis Obispo-Paso Robles-Arroyo Grande CPI cease to be published
in its entirety, or on a periodic basis ending on April 30, RWG and the City shall negotiate in
good faith for a mutually acceptable alternative. Any other adjustments in the rates shall
require prior approval of the City Council. However, rates will not increase by more than five
percent (5%) in any given year without City Council approval even if the CPI increase exceeds
that amount. Prior to July 1, 2025 and annually thereafter, Consultant will provide City
notification of updated rates.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City
of Atascadero change order will be compensated at the same unit cost for the defined services
ITEM NUMBER: A-5
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ATTACHMENT: 1
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as agreed to in the attached contract. Payment will be made within 30 days after receipt and
approval of invoice.
Payments to the consultant in excess of the annual budgeted amount will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges
incurred outside of these contract terms will not be authorized for payment.
Richards, Watson & Gershon
______________________________
Craig A. Steele, President
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
Page 58 of 94
B-8
EXHIBIT C
Insurance Requirements
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subconsultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence. City authorizes the Consultant to have a $250,000 self-
insured retention for Errors and Omissions Liability.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Additional Insured
The City of Atascadero will need to be added to the policy as Additional Insured by endorsement to the General Liability,
adding the City’s name to the Certificate of Insurance is not sufficient and will not be accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the
required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by
this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by the City before work commences.
ITEM NUMBER: A-5
DATE: 12/12/23
ATTACHMENT: 1
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Dave
FLEISHMAN
Of Counsel
T
E
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Craig
STEELE
Shareholder
T
E
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ITEM NUMBER: A-6
DATE: 12/12/23
Atascadero City Council
Staff Report - City Manager’s Office
Confirm the Appointment of Police Chief
RECOMMENDATION:
Council concur and confirm the appointment of Daniel Suttles as Atascadero’s new
Police Chief.
DISCUSSION:
The recruitment process to fill a Police Chief position is a rigorous process and takes a
surmountable amount of time to find the right candidate. Over the past several years,
the Atascadero Police Department has had several changes in the Police Chief position,
starting with Jerel Haley retiring in October 2020 after serving 9 years with the City.
Since this time, the City has continued to work to find the right fit for Police Chief and
most recently held a successful nationwide recruitment conducted by the recruitment
firm Peckham & McKenney. After a comprehensive process, the City Manager is
pleased to appoint Chief Daniel B Suttles as Atascadero’s new Police Chief and is
recommending City Council confirmation.
Per the Atascadero Municipal Code:
“The City Manager shall be the appointing authority for all officers and employees
of the City except elective officers, the City Attorney, and persons appointed by
the City Council to the Planning Commission or other boards, commissions and
committees who are not salaried regular employees of the City. Appointment to
department head positions shall be submitted to the City Council for concurrence
and confirmation. (Ord. 24 § 2-2.08, 1980)
Chief Suttles has 20 years in law enforcement, most recently as the Chief of Police for
the Bear Valley Police Department in the Tehachapi area of Kern County. Suttles began
his law enforcement career with the Glendale Police Department, starting as a patrol
officer, then a detective with the Investigative Services Division, and worked his way up
through the organization serving as a Patrol Officer/S.W.A.T. of the Field Services
Division, to a Sergeant of the Patrol Bureau, Financial Crimes Unit, Internal Affairs, and
onto a Sergeant/Adjutant to the Chief of Police/Public Information Officer, and finishing
as the Lieutenant – Patrol Commander. In 2022, Suttles continued his career path in
law enforcement, becoming the Chief of Police for the Bear Valley Police Department.
Before he started his law enforcement career, Suttles worked as a home mortgage loan
Page 67 of 94
ITEM NUMBER: A-6
DATE: 12/12/23
officer and served as a Reconnaissance Marine in the U.S. Marine Corps with
deployment oversees and combat action.
Chief Suttles’ career includes developing and implementing an emergency action
response plan for disaster preparedness, a strong focus on leadership development,
and a collaborative list of community engagement, including weekly outreach “Chats
with the Chief,” citizen group meetings, elder outreach programs, public safety, and
involvement in a host of public platforms from volunteers to schools to community
groups and the media.
Chief Suttles is married to his wife, Diana, and they have three sons, Joseph (21), Jack
(19), and Devin (9). Joey and Jack are currently serving in the United States Coast
Guard.
FISCAL IMPACT:
The Police Chief’s annual salary of $212,593 will be funded in the Police Department
budget.
ATTACHMENTS:
1. Daniel B. Suttles Resume
2. Draft Chief of Police Employment Agreement
Page 68 of 94
Daniel B. Suttles
CAREER PROFILE
With two decades of broad and varied law enforcement experience, has served at the line level,
supervisory level, managerial level, command staff level, and is currently serving as the Chief of
Police for a California Police Agency. With diverse experience, formal education in police
management, advanced training, and notable military service, is uniquely qualified and ready to serve
as a successful Chief for the City of Atascadero and the Atascadero Police Department.
EDUCATION
• Currently enrolled at University of San Diego: Master of Science - Public Safety Leadership
• Bachelor of Science Degree – Police Management, Union Institute and University (2014)
• Rio Hondo Police Academy, Class 171 (2004)
PROFESSIONAL EXPERIENCE
Bear Valley Police Department
Chief of Police – 02/2022 to Present
• Plans, directs, manages, and oversees the activities and operations of the Police Department including law
enforcement, crime prevention and crime suppression programs.
• Builds and maintains collaborative relationships with other City Departments and citizen groups and committees.
• Oversees staff of 28 sworn and non-sworn employees and a budget of $2.5 million.
Glendale Police Department
Lieutenant – Patrol Commander 03/2020 to 02/2022
• Oversees patrol operations and maintains minimum staffing, as well as manages call for service.
• Coordinates with other city departments in event and incident management.
Sergeant/Adjutant to the Chief/Public Information Officer 11/2017 to 03/2020
• Works directly within the Command Staff and with the Chief of Police to achieve organizational needs and goals.
• Provides media/public relations, all aspects of press releases, and public information dissemination.
Sergeant – Internal Affairs 8/2016 to 11/2017
• Conducted a wide variety of sensitive and comprehensive internal investigations and documentation.
• Measured behavior and performance against professional standards, ethics, policy, and the law.
Sergeant – Financial Crimes Unit 11/2012 to 8/2016
• Supervised all aspects of financial crime investigations with oversight of four detectives and two civilians.
• Provided expertise, staff development, scheduling, evaluation, and assistance with investigative efforts.
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ATTACHMENT: 1
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Sergeant – Patrol Bureau 12/2011 to 11/2012
• Provided supervision, training, coaching, teamwork, discipline, and evaluation for patrol staff.
• Maintained standards, morale, productivity, and adherence to policy.
Patrol Officer/S.W.A.T. – Field Services Division 1/2011 to 12/2011 & 3/2004 to 3/2007
• Served as a proactive, productive, and balanced field officer with a strong work ethic.
• Executed high-risk search and arrest warrants and deployed on tactical operations for critical incidents.
Detective – Investigative Services Division 3/2007 to 1/2011
• Conducted comprehensive and detailed investigations, evidence collection, and court case preparation.
• Served as an expert in real estate fraud and investigated complex financial investigations.
Pre-Law Enforcement Experience 1991 to 2004
• Worked as a Home Mortgage Loan Officer assisting future homeowners acquire their home loans.
• Served as a Reconnaissance Marine in the U.S. Marine Corps with overseas deployment and combat action.
COLLATERAL DUTIES
• Develops and implements emergency action response plan for disaster preparedness.
• Determines impact of legislative changes and ensures departmental compliance.
• Successfully recruits, hires, and retains qualified employees.
• Works collaboratively with other local police agencies to ensure regional police coverage.
LEADERSHIP DEVELOPMENT
• Sherman Block Supervisory Leadership Institute
• P.O.S.T. Management Course
• Glendale Supervisory Academy
• Police Budget Course
• P.O.S.T Executive Development Course • Career Advancement/Development Consulting
AFFILIATIONS
• International Association of Chiefs of Police
• California Police Chiefs Association
• Kern County Chief Law Enforcement Officer Association
COMMUNITY ENGAGEMENT
• Implemented a weekly “Chat with the Chief” program in Bear Valley Springs.
• Regularly attends citizen group and association meetings for question-and-answer sessions.
• Oversees the Bear Valley Police Elder Outreach program.
• Presents regularly at the Public Safety Advisory Committee.
• Coordinates and manages the Bear Valley Police-Community Advisory Panel, which consists of
approximately 12 community leaders from local associations, foundations, groups, and youth
representatives.
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• Other areas of community policing and engagement include National Night Out, supervising the social
media campaigns for the department to serve as another way to connect with the community, providing
oversight of the agency’s web site content, supervising a successful and effective volunteer program, and
personally conducting tours of the station for community groups, schools, and the media.
SPECIAL PROJECTS & ACCOMPLISHMENTS
• Reformed Bear Valley Police Department Internal Affairs procedures to align with best practices and
records keeping mandates.
• Implemented multiple layered citizen alert and notification system to replace the antiquated single layer
system. The system now allows for notifications ranging from traffic conditions to major disaster
notifications on one platform.
• Initiated traffic calming measures with residual, community wide, effects on driver behavior.
• Partnered with a citizen Disaster Preparedness Advisory Council to identify and improve additional
evacuation routes out of Bear Valley Springs in case of wildfires.
• Currently in the process of reinstating an effective Citizen Emergency Response Team as well as bringing
back a Reserve Officer Program to the Department.
• Successfully applied for and received much needed grant funded equipment via the Kern County Office
of Emergency Services.
ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 1
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ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 2
EMPLOYMENT AGREEMENT
THIS AGREEMENT, (hereinafter referred to as the “Agreement”) is made and entered into the
XXth day of _______________, 2024, by and between the City of Atascadero, County of San
Luis Obispo, State of California, a municipal corporation (hereinafter referred to as the “City”) and
Daniel Suttles (hereinafter referred to as “Suttles”).
SECTION 1 EMPLOYMENT
A. The City agrees to and shall employ Suttles as the Chief of Police of the City of Atascadero.
Suttles agrees to perform the functions and duties of the position of Chief of Police of the
City of Atascadero as described by state law, the Municipal Code of the City of Atascadero,
the job description of the position of Chief of Police as developed by the City Manager of
the City, and all other duties and functions as the City Manager of the City shall from time-
to-time assign.
B. Suttles agrees to perform all such functions and duties to the best of his abilities and in a
competent and efficient manner. Suttles agrees to focus his full professional time, ability,
and attention to City business during the term of this Agreement and agrees not to engage
in any other business pursuits whatsoever or, directly or indirectly, render any services of a
business, commercial or professional nature to any other person or organization, whether
for compensation or otherwise, without the prior written consent of the City Manager.
C. It is recognized that the Chief of Police is expected to engage in the hours of work that are
necessary to fulfill the obligations of the position, must be available at all times, and must
devote significant time outside normal hours to the business of the City. Suttles to will
generally be required to work a 9/80 work schedule, subject to change at the City Manager’s
discretion and/or based on operational needs of the department. Suttles acknowledges
that proper performance of the duties of Chief of Police will also often require the
performance of necessary services outside of normal business hours. Suttles shall be
generally required to have an onsite presence at the City’s Police Department Headquarters,
Police Stations and/or City Hall in order to fulfill the duties and obligations of the position as
determined by the City Manager.
D. Suttles’s compensation (whether salary or benefits) is not based on hours worked. The
Chief of Police position remains an “exempt” classification under the overtime provisions of
the federal Fair Labor Standards Act (“FLSA”) and Suttles shall not be entitled to any
overtime compensation nor subject to the overtime provisions of the FLSA.
E. The Chief of Police position is exempt from competitive service pursuant to Atascadero
Municipal Code, Title 2, Chapter 2, Section 2.2.05(a).
SECTION 2 TERM
A. The Chief of Police position is considered at-will and Suttles shall serve at the will and
pleasure of the City Manager, subject to the termination provisions set forth in Section 3.
Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City
Manager to terminate the employment of Suttles at any time and for any reason, or for no
reason, subject only to the provisions specified in Section 3 of this Agreement. Suttles
understands and agrees that he has no property or other interest in continued employment
as Chief of Police. However, nothing in this Agreement is intended to conflict with or limit
Suttles’s rights relating to termination of Police Chiefs under the Public Safety Officers
Page 72 of 94
ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 2
Procedural Bill of Rights (“POBOR”) or as otherwise required under governing law.
B. This Agreement shall become effective on ____________ XX, 2024, and unless otherwise
terminated under the provisions of Section 3, shall remain in effect indefinitely.
C. Nothing in this Section shall or is intended to prevent, limit, or otherwise interfere with the
right of the City or Suttles to terminate the employment of Suttles at any time during the
duration of this Agreement, in accordance with Section 3 of this Agreement.
SECTION 3 TERMINATION
A. The City Manager may terminate Suttles’s employment at any time without cause, for any
reason, or for no reason, with the concurrence and confirmation of the City Council pursuant
to Atascadero Municipal Code, Title 2, Chapter 11, Section 2-11.01. In the event that Suttles
is terminated by the City without cause, and Suttles is otherwise ready, willing, and able to
perform his duties under this Agreement, the City shall pay Suttles severance compensation
equal to six (6) months of salary and benefits, pursuant to Paragraph E, below. In
consideration of this severance payment, Suttles agrees that he shall not be entitled to any
other payment or compensation of any kind from the City in connection with the termination
of his employment.
B. Suttles may terminate his employment at any time for any reason by providing 60 days prior
written notice to the City Manager. In the event that Suttles provides such written notice, he
shall be entitled to receive at the termination of this employment only such accrued unused
leave and other such benefits as may be due and payable under applicable City rule,
regulation or policy, and/or under applicable local, state or federal law. Suttles shall not,
however, be entitled to any severance pay or other compensation at the termination of his
employment. During the period subsequent to Suttles’s submission of his notice
terminating his employment, he shall continue to perform his duties as Chief of Police
pursuant to this Agreement unless removed from those duties and/or terminated by the City
Manager pursuant to the terms of this Agreement. However, in the event that Suttles is then
removed from those duties and/or terminated by the City, Suttles shall continue to receive
compensation in the form of salary and benefits through the completion of the 60 (sixty) day
notice period.
C. The City Manager may terminate Suttles’s employment for cause with the concurrence and
confirmation of the City Council pursuant to Atascadero Municipal Code, Title 2, Chapter
11, Section 2-11.01. Cause shall include, but is not be limited to, material breach of this
Agreement or the duties set forth herein; conviction or a felony or crime of moral turpitude;
conduct unbecoming or tending to bring embarrassment or disrepute to the City and/or
Police Department; abuse of power or position, as defined in Government Code Section
53243.4; dishonesty; repeated or protracted unauthorized absences; engaging in prohibited
harassment, discrimination, or retaliation; uncorrected drug or alcohol abuse; violation of
City rules, regulations, or policies; engaging in a prohibited conflict of interest; misuse of
public funds; and/or any other misfeasance or conduct incompatible with the position of
Chief of Police.
D. In the event that Suttles is terminated by the City Manager, with or without cause, Suttles
shall be entitled to prior written notification of the reason(s) for the termination, the facts
upon which such reason(s) are based, copies of all supporting evidence and investigations
regarding the facts and reason(s) for the termination, and the right to respond, orally or in
writing or both, to the City Manager within five (5) working days of receipt of the notice of
such termination.
Page 73 of 94
ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 2
E. As a condition for the payment of any severance provided in this Section, Suttles will,
pursuant to a separate Severance Agreement:
1. Release and discharge the City and its elected officials, appointed officers,
employees, attorneys, or agents, both past and present, from any and all
personal claims, demands, actions, causes of action, obligations, damages,
liabilities, losses, costs and expenses, including attorney’s fees, of any kind or
nature whatsoever, past, present and future, arising from or related to Suttles’s
employment with the City (collectively, the “Released Matters”); and;
2. Execute a waiver pursuant to California Civil Code § 1542 which currently states:
“A general release does not extend to the claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of executing
the release and that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.”
F. The City Manager and/or Suttles may terminate this Agreement in the event that Suttles has
been unable to perform the essential functions of his position due to disability for a period
of three (3) months and after engaging in a good faith interactive process.
1. A determination that Suttles is permanently disabled shall be made by the City
Manager based upon competent medical evidence and evaluation and in accord with
the applicable state and federal laws pertaining to the protection of disabled persons.
2. In the event it is determined by the City Manager that a question exists as to Suttles’s
ability to perform the essential functions of his position due to a mental or physical
condition, based upon objective facts and/or medical reporting provided to the City,
the City Manager may require Suttles to undergo a fitness for duty examination.
Suttles will cooperate in the fitness for duty process and will execute all necessary
authorizations for release of medical information necessary to ensure a
comprehensive and objective fitness for duty examination. Any such evaluation is
to be conducted, at the City’s expense, by a healthcare provider selected by the City,
consistent with all governing law and regulations.
G. In the event Suttles is convicted of a crime involving an abuse of his office or position as
defined in California Government Code section 53243.4, Suttles shall be required to fully
reimburse the City in accordance with California Government Code sections 53243,
53243.1, and/or 53243.2.
SECTION 4 COMPENSATION AND BENEFITS
A. Effective upon the commencement of this Agreement, the City shall pay to Suttles a base
salary within salary range 64 at step “E”. This salary shall be paid on a pro rata basis in
regular installments pursuant to the City’s normal payroll procedures. Suttles shall be
eligible for step advancements in accordance with Atascadero Personnel System Rules
Section 4.3.
B. The City Manager may set forth annually in writing certain goals consisting of duties and
responsibilities above and beyond Suttles’s ordinary duties and responsibilities. In the event
that Suttles achieves such goals, he may be entitled to receive other compensation in
addition to his regular salary and benefits. The City Manager shall set forth the amount of
additional compensation to which Suttles would be entitled in the same writing setting forth
the annual goals. Any such additional compensation will be at the discretion of the City
Page 74 of 94
ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 2
Manager with the approval of the City Council if necessary.
C. The City shall deduct or withhold from Suttles’s salary any and all sums as Suttles may from
time to time direct, or as required by law, including, but not limited to, sums for the payment
of federal, state and/or local income taxes and retirement or pension plans.
D. In addition to the compensation set forth in Sub-Section A above, Suttles shall be entitled to
receive the same benefits as are accorded all other executive management employees as
set forth in the governing Resolution adopted by the City Council each year, and which may
be modified or revised from time to time, except as herein provided:
1. In addition to the vacation leave granted to all other executive management
employees as outlined in the Resolution governing compensation for executive
management, which may be modified or revised from time to time, Suttles shall
immediately accrue 80 hours of vacation leave and 80 hours of sick leave, however
in no instance shall Suttles receive more vacation than that granted to an employee
upon completing 20 years of service to the City as outlined in the Resolution
governing compensation for executive management.
2. Suttles shall be granted a one-time moving or relocation housing expense
reimbursement not to exceed the amount of $12,000.00. Suttles shall submit a
reimbursement request together with all moving expense related receipts to the City
for reimbursement.
3. The City shall permit Suttles to attend, at City expense, a reasonable number of
local, state, and national conferences relevant to his duties as the Chief of Police
with the approval of the City Manager.
E. In its sole discretion, the City may increase Suttles’s base salary and/or other benefits
beyond those set forth in this Agreement in such amounts and/or to such an extent as may
be recommended by the City Manager on the basis of a salary review. Any such increases
shall be subject to the approval of the City of Atascadero City Council as required.
F. The City shall provide Suttles with an automobile to be used for City business. The Chief of
Police is on call 24 hours per day and as such is provided a take home vehicle equipped
with emergency equipment and a radio to be able to respond to an emergency situation as
per IRS Code 1.274-5T (k) (1)-(8). Due to the nature of Suttles’s responsibilities as Chief of
Police, the City understands and will permit Suttles incidental personal use of this
automobile. Personal use of the automobile shall require the approval of the City Manager.
Suttles shall be required to adhere to Atascadero Administrative Policy No. 18 - Vehicle Use
Policy. Any exceptions to this requirement must be authorized in writing by the City
Manager.
G. The City Manager shall fix any other terms and conditions of employment relating to
Suttles’s performance as the City Manager may from time to time determine, provided that
such other terms and conditions of employment are not contrary to or inconsistent with the
terms set forth in this Agreement, the City’s rules, regulations and ordinances, local, state
and/or federal law.
SECTION 5 PERFORMANCE EVALUATION
A. The City Manager, with the assistance of Suttles, may define such goals and performance
objectives which the City Manager determines necessary for the proper operation of City’s
Page 75 of 94
ITEM NUMBER: A-6
DATE: 12/12/23
ATTACHMENT: 2
Police Department and shall further establish a relative priority among those various goals
and objectives. These goals and objectives shall be reduced in writing and should be
reasonably attainable within the time limitations specified by the City Manager and in light
of the appropriations provided through the annual operating and capital budgets.
B. The City Manager shall periodically review and evaluate Suttles’s performance. This
review and evaluation shall take into account any goals that may have been developed by
the City Manager, as well as Suttles’s performance of other functions and duties. The
City Manager shall provide to Suttles a summary written statement of the evaluation and
shall provide Suttles with the opportunity to discuss the evaluation with the City Manager.
SECTION 6 GENERAL PROVISIONS
A. This Agreement constitutes the sole understanding and agreement of the City and Suttles
with respect to the matters set forth herein and supersedes any and all prior negotiations,
statements, instructions, representations or agreements, whether written or oral.
B. The parties agree and acknowledge that no representations, inducements, promises or
agreements, oral or otherwise, have been made by any party, or by anyone acting on
behalf of any party, which are not contained herein and that any agreement, statement or
promise not contained in this Agreement shall not be valid or binding on either party.
C. Any amendment to this Agreement shall be valid only if in writing approved and signed by
both parties, unless otherwise specified in this Agreement.
D. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect.
E. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and
costs in addition to any other relief to which that party may be entitled.
F. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
G. If any provision of this AGREEMENT is held to be invalid and/or unenforceable, the
AGREEMENT shall be considered as if the invalid and/or unenforceable portion did not
exist, with all remaining portions considered valid and enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date
and year first written above.
CITY:
Suttles:
_______________ ___________
James R. Lewis, City Manager Daniel Suttles, Chief of Police
Page 76 of 94
ITEM NUMBER: A-7
DATE: 12/12/23
Atascadero City Council
Staff Report – Public Works Department
Transit Van Procurement for Atascadero Transit (Dial-A-Ride)
RECOMMENDATION:
Council authorize the purchase of one transit van for Atascadero Transit (Dial-A-Ride)
from Model 1 Commercial Vehicles for $107,500.
DISCUSSION:
Background
On June 6, 2023, Council adopted Resolution 2023-043, approving the Atascadero
Transit Innovative Clean Transit Zero Emissions Bus Rollout Plan (Plan). Adoption of the
resolution and approval of the Plan enabled the City’s Dial-A-Ride program to comply with
the California Air Resources Board (CARB) and Innovative Clean Transit (ICT)
regulations. The City operates a Dial-A-Ride program that provides curb-to-curb public
transportation to those living and working in Atascadero. This customized service
provides affordable travel, designed around individual needs, that allows riders to decide
where and when to be picked up within the City Limits. All transit vehicles, including
buses, are equipped with wheelchair lifts to provide individuals, in need of mobility
accommodations, an opportunity to use this service.
Atascadero’s Dial-A-Ride program uses three transit buses for demand response service
on weekdays from 7:30 am to 4:30 pm. Service is not provided during evenings,
weekends, or holidays. A fourth bus is kept in the fleet as a back-up when maintenance
or repairs are needed on one of the other buses. The City employs two part-time transit
dispatchers who receive requests and schedule bus pick-ups/drop-offs. Bus drivers are
provided by contract with MV Transportation.
The City and other Public Transportation Providers receive funding from the Federal
Transit Administration (FTA) to operate public transportation services – primarily through
FTA 5307 and 5339 funding for capital, operating, and planning assistance for the
delivery of public mass transportation. The San Luis Obispo Council of Governments
(SLOCOG) is the designated Metropolitan Planning Organization (MPO) and Regional
Transportation Planning Agency (RTPA) for San Luis Obispo County. SLOCOG oversees
the Regional Transportation Improvement Program (RTIP) and Federal Transportation
Improvement Program (FTIP) and administers FTA 5307 and 5339 funding locally.
Summary:
Small transit buses, used as primary demand response vehicles, have useful lives of
four years or 100,000 miles, depending on funding availability and bus performance.
Page 77 of 94
ITEM NUMBER: A-7
DATE: 12/12/23
The current Dial-A-Ride fleet is comprised of the following transit buses:
Bus No. Manufacture Year Mileage
#27 2015 83,008
#28 2017 61,018
#29 2018 67,978
#30 2018 69,898
As part of the adopted Plan, the City will be transitioning from 19-passenger cutaway
buses to 9-passenger transit vans when buses are due for replacement. This transition
of lighter vehicles for transit purposes has many advantages over buses including
compliance with state regulations/reporting, lower replacement and operating costs
(fuel, maintenance, etc.), and are easier to drive and maneuver. Furthermore, the
maximum number of transit passenger customers rarely exceeds six, so a 9-passenger
van is a better fit and provides adequate rider capacity. Bus #27, a 19-passenger
vehicle, is scheduled to be replaced with a 9-passenger transit van.
Analysis:
The current City budget includes $90,000 in funding for the replacement of Bus #27. Of
this amount, 80% is funded through Federal 5307 Capital funds, and the remaining 20%
is funding with local transportation funding. Transit vehicles are procured through the
Vehicle and Materials Purchasing Cooperative, formed jointly by the California
Association for Coordinated Transportation (CalACT) and the Morongo Basin Transit
Authority (MBTA). This cooperative allows member agencies to procure transit vehicles
and transit shelters. The procurement and award procedures approved by the State of
California Department of Transportation Division of Mass Transportation meet all
Federal Transit Administration requirements for third party contracts. Participation in
the procurement saves considerable staff time that would otherwise be spent
developing specifications and soliciting bids and is compliant with the City’s purchasing
policy.
Staff received a quote for $107,411 to purchase a 2023 Class V Ford (E350) transit van
from Model 1 Commercial Vehicles via the Vehicle and Materials Purchasing
Cooperative. The costs of vehicles has increased since the $90,000 in budgeted funds
was allocated. Federal funding has been approved for the additional amount necessary
to cover 80% of $112,300, the total cost of the vehicle. This will increase the local match
amount by about $4,500, which can be accommodated in the Transit budget. The quote
includes components for ADA compliance, such as wheelchair lifts, bike racks, and
other amenities. Sales tax, preparation, delivery, and other fees are also included in the
quote. Each bus will be outfitted, after delivery, with graphics (~$3,000), radios (~$800),
and include radio installation (~$1,000) which totals approximately $4,800.
FISCAL IMPACT:
The fiscal impact of staff’s recommendation is the expenditure of transportation funds of
$107,500 to Model 1 Commercial Vehicles, plus approximately $4,800 for outfitting.
ATTACHMENTS:
None.
Page 78 of 94
ITEM NUMBER: B-1
DATE: 12/12/23
Atascadero City Council
Staff Report - City Manager
2024 Federal and State Legislative Platform
RECOMMENDATION:
Council:
1. Receive an oral report on the 2023 Legislative Session wrap-up and a 2024
Legislative Session look ahead.
2. Approve the 2024 Federal and State Legislative Platform.
DISCUSSION:
Joe A. Gonsalves and Son (Gonsalves) has provided the City with legislative advocacy
services at the state level since 2012. During that time, they have provided focused and
effective legislative advocacy services in accordance with Council directives and
priorities.
Gonzalves has proposed a Federal and State Legislative Platform for 2024. This
platform serves as the City’s official policy document for interacting with federal and
state officials and for taking positions on legislation and is a best practice for
communicating the city’s positions on legislative issues to the community and other
elected officials. At this meeting, the City’s representative, Jason Gonsalves, will
provide an overview of current activity at the state level and be available to review the
2024 legislative platform.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Approve the legislative platform with modifications.
2. Do not approve the legislative platform and provide staff additional direction.
ATTACHMENT:
1. 2024 Federal and State Legislative Platform
Page 79 of 94
Working together to serve, build community and enhance quality of life.
City of Atascadero
2024 Federal and State Legislative Platform
Reaffirmed by the City Council on December 12, 2023
PURPOSE
The Legislatfve Platiorm establishes the prioritfes, principles, and policy statement of the City of
Atascadero City Council and creates the basis for its advocacy efforts, alertfng our legislators and
legislatfve partners of the greatest needs of our residents and where we may need additfonal
help. The Platiorm provides general directfon to City departments, legislatfve advocates,
delegatfon members, and the public on our positfons on critfcal policy matters that may impact
how the City does business. Adoptfon of a legislatfve platiorm by the City Council streamlines
the City’s advocacy efforts by enabling City staff to take immediate actfon on pressing legislatfve
items efficiently and without delay under City Council directfon.
Throughout the legislatfve session, the City will review and take positfons on various policy and
budget items at the State and Federal levels. When a recommended positfon is consistent with
existfng City policy, as adopted in the Platiorm, the City Manager’s Office will prepare a positfon
letter for the Mayor’s signature.
PRIORITY POLICY AREAS
Throughout the year, the City will respond to various legislatfve items, but three policy areas will
remain a priority.
o Affordable Housing and Homeless Resources – The City contfnues to support policies
and funding mechanisms for affordable housing and homeless resources as long as the
state provides direct funds to support such efforts. In partnership with the County and
State, the City strives to permanently reduce homelessness in Atascadero by protectfng
the health and safety of all residents, increasing housing opportunitfes, enhancing the
system of care, improving public policy and engagement, and strengthening regional
capacity to address homelessness. Affordable and permanent supportfve housing is a vital
component in addressing homelessness, and the City desires to make housing accessible
to all income and service levels needed as funding is available.
o Infrastructure Funding – The City faces a significant amount of deferred maintenance
and unfunded capital projects. Over $150 million of unfunded capital and maintenance
projects are outstanding over the next five years, the largest being in streets and public
buildings. Priority projects for infrastructure funding include constructfon of a new Fire
Statfon 1, renovatfon of the Police Statfon and Fire Statfon 2, constructfon of a new
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 80 of 94
Working together to serve, build community and enhance quality of life.
wastewater treatment plant, street paving, highway bridge widening, additfonal fire
statfon for wildfire protectfon, and additfonal parks and sports facilitfes.
o Maintaining Local Control – The City of Atascadero is committed to preserving local
control and decision-making authority, along with state and local funding sources, and
opposes unfunded or inadequately funded mandates or loss of local land use control or
reductfon of crime enforcement. The City supports ongoing engagement between state
and local governments to ensure local control is maintained and responsible housing
development is promoted in a collaboratfve effort.
POLICY STATEMENTS
COMMUNITY DEVELOPMENT: Monitor and support efforts that encourage economic
development; strengthen local government’s capability to implement orderly plans for growth,
development, and conservatfon consistent with the City’s development patterns; seek
additfonal funding through grants and other possible revenue streams for housing and
neighborhood revitalizatfon programs.
State
• Support legislatfon that provides citfes with tools and resources that promote and
stfmulate economic development.
• Support local, county, and state efforts to attract, retain and provide incentfves for current
and future commercial and industrial businesses; to jointly leverage resources and assets
to develop economic and entertainment centers in Atascadero.
• Support incentfvizes for private investment, technological innovatfon, and job creatfon
throughout the city.
• Support programs that enable local government to finance economic revitalizatfon;
pursue tax-increment financing through Enhanced Infrastructure Financing District (EIFD),
or similar redevelopment strategies.
• Support efforts to protect local control over planning and land use while strengthening
local agencies’ legal and fiscal capability to prepare, adopt, and implement financial plans
for orderly growth, development, beautfficatfon, and conservatfon of local planning areas.
• Support legislatfon that provides additfonal resources, including adequate funding, to
local agencies to address regional growth issues such as air quality, water quality, air
pollutfon, transportatfon corridors, and homelessness.
• Oppose efforts to penalize RHNA non-performance without specific entftlement funding
from the State to support local development of affordable housing and related
infrastructure.
• Monitor local, state, and federal actfons related to medical and recreatfonal marijuana
regulatory changes; support legislatfon that strengthens local governments’ regulatory
authority and control over sitfng of marijuana businesses.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 81 of 94
Working together to serve, build community and enhance quality of life.
• Seek modificatfon to the current state guidelines on the dispositfon of City surplus
property, allowing more flexibility on how disposed property may be developed.
• Seek additfonal direct funding sources, including grants, for affordable housing such as,
constructfon of affordable housing projects, after-school/preschool programs, health and
fitness programs, and downtown economic development.
• Support efforts to create efficiencies within CEQA and support efforts to limit delays in the
local planning and development process.
• Support legislatfon that prevents CEQA lawsuits from being filed for any reason other than
a bonafide environmental impact.
• Oppose legislatfon that changes local land use policies at the state level that are
inconsistent with the General Plan or orderly neighborhood development.
• Advocate for legislatfon and/or state policies that recognize and consider rural bedroom
communitfes already experiencing a jobs/housing imbalance differently than urban
centers when it comes to implementatfon of housing policy mandates.
Federal
• Monitor federal mandates that affect economic development, land-use planning,
neighborhood rehabilitatfon, revitalizatfon, and oppose any additfonal redundant or
cumbersome mandates/restrictfons.
• Support federal efforts to engage tourism and federal reimbursement rates that allow for
business in the Central Coast of California.
EMPLOYEE RELATIONS: Monitor impacts of legislatfon or reform affectfng public employees’
benefits, rights, and labor relatfons.
State
• Monitor legislatfon and regulatfons affectfng labor relatfons, employee rights, benefits,
and working conditfons.
• Oppose legislatfon and regulatfons that further erode the management rights of public
employers.
• Preserve a balance between the needs of the employees and the resources of public
employers that have a legal fiduciary responsibility to taxpayers.
• Oppose legislatfon or reform that would have California Public Employees’ Retfrement
System (CalPERS) reduce flexibility in utflizing retfred employees for critfcal services, or
otherwise impact optfons for the City’s service delivery.
• Work in partnership with other groups and stakeholders to promote sustainable and
secure public pension systems to help ensure responsive and affordable public services.
• Support legislatfon that would control medical and legal costs related to workers’
compensatfon, especially for safety employees.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 82 of 94
Working together to serve, build community and enhance quality of life.
FIRE/EMS/DISASTER PREPAREDNESS: Seek and support funding for various fire, EMS, and
disaster preparedness projects, including specific federal funding for enhancements to the
Emergency Operatfons Center and Fire Training Facility.
State
• Support efforts to address and/or fund disaster preparedness and operatfonal needs at
the city and county levels, partfcularly communicatfon equipment, PG&E Public Safety
Power Shutoff (PSPS) events, training, or ongoing operatfons and maintenance costs.
• Support efforts to fund and/or improve disaster preparedness, including evacuatfon
preparedness and emergency fire responsiveness; healthy vegetatfon management;
climate adaptatfon and resilience; and homeowner’s insurance reform.
• Seek funding and support for Critfcal Incident Stress Management (CISM) training and
programs to address Post Traumatfc Stress Disorder (PTSD) effects on public safety and
administratfon.
• Monitor legislatfon and potentfal reform surrounding the state EMS Act and Local EMS
Agency (LEMSAs) authority regarding EMS delivery in the City.
• Seek funding and possible legislatfon to recover costs associated with preparing for and
recovering from PSPS events.
• Seek funding for new or enhanced public safety facilitfes.
Federal
• Support funding for Urban Search & Rescue (US&R), Hazardous Materials (HAZMAT),
Community Emergency Response Team (CERT), Staffing for Adequate Fire and Emergency
Response (SAFER), Emergency Medical Technicians (EMT), Emergency Medical Services
(EMS), Assistance to Firefighters Grants (AFG), and Physical Fitness funding in order to
strengthen existfng programs, replace outdated equipment, provide training, safety gear
and contfnuing educatfon, and to increase public awareness about Emergency Awareness
and Fire Safety.
• Support and apply for funding to enhance the City’s Emergency Operatfons Center, Fire
response resources and disaster preparedness capabilitfes.
GOVERNMENT ADMINISTRATION & BUDGET/FINANCE: Protect and secure local authority
and revenue sources to preserve existfng infrastructure and community programs. Support
legislatfon and funding that helps the City of Atascadero provide residents with equitable access
to City programs and services.
State
• Oppose any effort to eliminate or cap the tax-exempt status of municipal bonds - one of
the few remaining tools for local governments to finance large capital projects.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 83 of 94
Working together to serve, build community and enhance quality of life.
• Seek, promote, and implement new or alternatfve approaches that may replace
redevelopment funding mechanisms that deliver positfve benefits to Atascadero.
• Oppose any attempts to restrict local authority concerning issues that affect local
communitfes.
• Oppose attempts to decrease, restrict, or eliminate city revenue sources. Oppose any
efforts at the state level to retain additfonal revenues currently dedicated to local
government for state purposes.
• Oppose measures that would impose state-mandated costs for which there is no guarantee
of local reimbursement or offsetting benefits (i.e., unfunded mandates). Monitor
legislatfon affectfng accountfng rules and financial reportfng for both changes and conflicts
between federal and state regulatfons.
• Seek modificatfon to state and local sales tax use and allocatfon, specifically online sales
tax from the County pool to the city where the purchase is made.
• Monitor potentfal legislatfon that makes mandatory changes to district electfon policy and
procedures.
• Support state actfon and funding to assist citfes in maintaining local services and relief
programs for residents and businesses.
• Monitor legislatfon relatfng to records retentfon and seek funding to assist with physical
and digital storage and retrieval of documents and records relatfng to efforts to comply
with the Public Records Act.
Federal
• Monitor the progress of the federal budget committee and the budget’s effects on local
government.
• Support federal actfon and funding to assist citfes in maintaining local services and
pandemic relief programs for residents and businesses.
INFORMATION TECHNOLOGY AND CYBER SECURITY: Support legislatfve initfatfves and
pursue funding to promote data and technology to create efficiencies, promote economic
development, enhance public safety, improve transportatfon and mobility, improve
sustainability, maintain and improve cyber security, enhance the municipal quality of life factors,
and help solve civic challenges.
State
• Advocate for legislatfon and funding to prevent and reduce cybercrime that would impact
municipal services and support efforts to protect, prevent, and resolve cyber security
attacks and breaches.
• Support and advocate for funding for technological advances for the proper digitfzatfon
and archival of vital City records to ensure transparency, accessibility, and posterity of
records.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 84 of 94
Working together to serve, build community and enhance quality of life.
• Support legislatfon and regulatfons that ensure emergency communicatfon capabilitfes and
interoperability for informatfon technology and public safety department and agencies.
• Support legislatfon for cost-effectfve environmental technology initfatfves.
• Support policies that enhance digital inclusion and seek to overcome the digital divide,
such as expanding broadband access.
Federal
• Advocate for legislatfon and funding to prevent and reduce cybercrime that would impact
municipal services and support efforts to protect, prevent, and resolve cyber security
attacks and breaches.
HOUSING/HOMELESSNESS: Monitor and support sustainable funding for various levels of
housing to address California’s housing and homeless crisis; neighborhood revitalizatfon
programs; improve cumbersome state funding allocatfon process and requirements; increase
local funding and opportunitfes for substance abuse and/or mental health related
homelessness, seek additfonal funding through grants and other types of revenue sources that
improve and sustain quality of life for all Atascadero residents, including those who are
homeless or at risk of homelessness.
State
• Develop, seek, and support legislatfon to provide the City with tools and resources that
promote and stfmulate housing development in areas of most need as determined by the
City.
• Support state budget policies and related legislatfon that provide sustainable and reliable
funding for homeless, workforce and affordable housing for persons of very low- to
moderate-incomes.
• Monitor state mandates that can potentfally delay housing development, housing
rehabilitatfon, and neighborhood revitalizatfon efforts.
• Support owner-occupancy through homeowner housing and homebuyer assistance
programs that foster long-term neighborhood investment and stabilizatfon.
• Propose modificatfons to any programs that fund affordable housing programs and projects
that do not provide funds to administer and deliver them.
• Pursue additfonal funding sources, including grants, to produce workforce and affordable
housing for lower income households. Housing types to include single residence occupancy
units, multffamily units, and accessory dwelling units.
• Support and/or pursue changes to the Surplus Land Act that currently limits local authority
to dispose of property where proceeds can be used for local prioritfes in additfon to
affordable housing development.
• Contfnue oppositfon to state efforts to mandate constructfon of new unfunded affordable
housing and penaltfes that would penalize citfes that fail to meet under-funded Regional
Housing Needs Assessment requirements for new housing constructfon.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 85 of 94
Working together to serve, build community and enhance quality of life.
• Support legislatfon that increases mental health funding, services, and resources for
homeless individuals, including crisis interventfon, mobile outreach, diagnosis, streamlined
access to medicatfon, and dual diagnosis.
• Support legislatfon and resources that support mental health resources, such as access to
psychiatric facilitfes, behavioral health care treatment, and street-based services.
• Support ongoing state investment for homeless services, homelessness preventfon, and
rapid rehousing/supportfve housing to meet the needs of those experiencing
homelessness and the chronically homeless.
• Improve state funding allocatfon process and requirements for emergency shelters,
homeless preventfon, and supportfve services for homeless and those at risk of
homelessness.
• Increase local funding and opportunitfes for substance abuse and/or mental health related
homelessness.
• Support legislatfon and policy that provides opportunity for regional collaboratfon of
services and funding that most effectfvely and efficiently serves homeless and those at risk
of homelessness.
Federal
• Monitor federal mandates that affect housing rehabilitatfon, neighborhood revitalizatfon,
and homeowner/homebuyer assistance programs, and contfnue oppositfon to additfonal
mandates/restrictfons that delay development.
• Urge Congressional actfon to adopt federal spending plans that provide sustainable,
reliable funding for priority local programs such as Home Investment Partnerships Program
(HOME), Community Development Block Grant (CDBG), Veteran’s Affairs Supportfve
Housing (VASH) vouchers and U.S. Department of Housing and Urban Development (HUD)
Sectfon 8 funds. Monitor budget bills to ensure that administratfve and program funding is
not provided at levels below what is required to manage these programs.
PARKS AND RECREATION: Support investment in policy and funding that creates equitable
access to City programs, parks, open space and recreatfon and that fosters actfve and healthy
lifestyles.
State
• Support youth funding and policies that promote healthy lifestyles, proper nutritfon, life
skills, college preparatfon, job experience training, antfbullying awareness, decrease
obesity and diabetes, and funding incentfves for inter-generatfonal programming.
• Seek funding and support legislatfon for trail improvements, park development,
enhancement, and expansion. Offer Prop 68 funding or similar opportunitfes annually.
• Support senior funding and policies that promote healthy lifestyles, financial protectfon
and security, safety measures, proper nutritfon, and funding incentfves for
intergeneratfonal programming.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 86 of 94
Working together to serve, build community and enhance quality of life.
• Seek funding and resources to provide more opportunitfes for at-risk youth to access
youth programming.
• Seek and support funding and policies that promote equity of access to recreatfonal
programming for people with disabilitfes, and funding incentfves for adaptfve recreatfon
programming.
• Seek funding for ADA upgrades on existfng facilitfes, park and open space improvement
and preservatfon, water safety, and increased equitable access to outdoor recreatfon in
low-income neighborhoods.
• Seek funding and resources such as solar, natfve oak, and habitat restoratfon that foster
environmental stewardship and sustain the future of Atascadero’s natural habitat.
• Seek funding for additfonal facilitfes and upgrades on existfng facilitfes including youth
soccer fields, baseball and softball fields, and basketball courts that will result in additfonal
programming opportunitfes for at-risk youth and in locatfons in high unemployment and
low-income neighborhoods.
• Seek ongoing funding for ongoing disease preventfon (such as COVID-19) for public
protectfon and preventfon, such as sanitfzatfon, staffing, supplies, and one-tfme
equipment upgrades in parks and public facilitfes.
• Support strategies and legislatfon to foster independence, well-being, and access to
resources for older adults.
• Advocate for state and federal funding for opportunitfes to increase access to childcare
for the community.
• Support legislatfon and bond measures that provide per capita grants to local
governments to fund parks and capital improvements to community facilitfes and
recreatfon programs that enhance the quality of life for Atascadero residents.
• Seek and support funding and policies that promote art in public places, including parks
and on public property.
• Seek and support funding and policies for irrigatfon infrastructure, including the removal
and replacement of water smart technologies for municipal golf courses.
• Seek and support funding for open space maintenance, educatfonal programming, and
increased public safety.
Federal
• Seek and support funding for new, and upgrades to existfng, facilitfes and infrastructure
at the Charles Paddock Zoo.
POLICE DEPARTMENT/CRIMINAL JUSTICE REFORM: Monitor ongoing effects of Criminal
Justfce Reform including potentfal for available funding sources; 2016’s passage of Propositfon
64; and seek funding for supported local law enforcement projects. Support legislatfon and
funding that assists in preventfng and reducing crime, such as drug preventfon programs,
mental health initfatfves, enhanced protectfve equipment, and solutfons for homelessness.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 87 of 94
Working together to serve, build community and enhance quality of life.
State
• Support legislatfve and/or ballot measure efforts that provide dedicated funding to
address the impacts associated with California’s Criminal Justfce Reform.
• Contfnue to partfcipate with local partners and the California Police Chiefs Associatfon in
addressing the adverse effects of California’s Criminal Justfce Reform.
• Support efforts to address emergency preparedness and operatfonal needs, partfcularly
those that include regional efforts to improve interoperability, training, and/or ongoing
operatfons and maintenance costs.
• Seek support and funding resources for mental health, supportfve housing, and shelters
to assist the police Community Actfon Team in reducing homelessness.
• Oppose the state’s effort to disclose home addresses of sworn police officers that are
investfgated for serious wrongdoing.
• Seek funding sources to enhance existfng Community Actfon Team.
• Support legislatfon that increases the penaltfes for those with Fentanyl and other
dangerous drugs for sale convictfons.
PUBLIC WORKS/TRANSPORTATION: Secure funding and favorable administratfon to ensure
infrastructure is built in a tfmely manner and projects are delivered.
State
• Support legislatfon that provides funding opportunitfes for energy-efficiency projects and
programs for public buildings, facilitfes, and infrastructure.
• Support legislatfon that generates funding for storm drain capacity and maintenance
projects.
• Support legislatfon that provides and/or enhances existfng funding for wastewater
treatment and collectfon operatfons and facilitfes, including additfonal funding where new
or increased regulatfons trigger the need for infrastructure investment/improvements.
• Seek and secure funding for wastewater treatment and collectfon infrastructure.
• Oppose legislatfon that would reduce access to, or otherwise conditfon the receipt of,
local streets and roads funding.
• Seek and support legislatfon and transportatfon funding reform to permanently increase
funding for local streets and road maintenance. Contfnue to work with the local, regional,
state, and federal partners to secure permanent funds for transportatfon infrastructure
including maintenance and electrificatfon mandates.
• Support efforts to preserve and enhance local road maintenance funding, as well as
transit, “safe route to school” initfatfves, road safety, and enhanced accessibility and
mobility initfatfves.
• Support legislatfon preserving the City’s interest in telecommunicatfon, broadband, and
infrastructure operatfons. Support efforts to fund and provide high-speed internet
including infrastructure development and training, competftfon and redundancy, and local
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 88 of 94
Working together to serve, build community and enhance quality of life.
franchise authority and public right-of-way management. Monitor implementatfon of the
State “Broadband for All" Actfon Plan.
• Support legislatfon, regulatfon, and compliance regarding cyber and physical security to
protect utflity assets and operatfons.
• Oppose legislatfon, regulatory proposals, or administratfve actfons that limit or eliminate
local discretfonary review of the installatfon of small cell wireless equipment or any
wireless technology facilitfes on public infrastructure or in the public right of way.
• Seek funding support to help comply with solid waste mandates for recycling and organics
recovery/processing.
Federal
• Seek and secure funding to meet storm water/water quality regulatfon mandates.
• Contfnue to support and seek funding for transportatfon infrastructure, and public
transportatfon equipment, maintenance, replacement, and electrificatfon initfatfves.
• Monitor and support efforts to streamline applicatfon, reportfng and monitoring
requirements to meet federal mandates.
ITEM NUMBER: B-1
DATE: 12/12/23
ATTACHMENT: 1
Page 89 of 94
ITEM NUMBER: C-1
DATE: 12/12/23
Atascadero City Council
Staff Report – Public Works Department
2024 Community Development Block Grant Draft Recommendations
RECOMMENDATION:
Council develop and adopt draft recommendations for the 2024 Community Development
Block Grant (CDBG) funds.
DISCUSSION:
Background
The award process for the 2024 cycle of Community Development Block Grants (CDBG)
began in the fall of 2023. Workshops were held throughout the County to solicit public
comment on community needs. The County published a request for CDBG proposals
and the City received four applications. The City of Atascadero’s total available funding
for the 2024 cycle, based on previous levels, is anticipated to be approximately $134,205.
Final funding amounts are anticipated to be released by the Department of Housing and
Community Development (HUD) in Spring 2024.
CDBG funds are available for community development activities, which meet at least one
of the three national objectives:
1. A benefit to low and moderate-income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and immediate threat to the health or
welfare of the community.
In order for a program to qualify under the low and moderate income objective, at least
51% of the persons benefiting from the project or program must earn no more than 80%
of the area median. Additionally, at least 70% of the CDBG funds must be spent toward
this objective.
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
4. The proposal will achieve multiple community development objectives;
Page 90 of 94
ITEM NUMBER: C-1
DATE: 12/12/23
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
CDBG funding is broken into three categories: Public Facilities and Housing Projects,
Public Services, and Administration. Award allocations for Public Services and
Administration cannot exceed 15% and 20%, respectively, of the total CDBG funding
amount. The Public Facilities and Housing Projects category does not have any cap
limitations. Council can increase CDBG funding to Public Facilities and Housing Projects
while reducing the funding to Public Services and/or Administration to an amount less
than the category cap limits. It should be noted that the County Administrative costs are
set to 13% of the total CDBG amount to cover their estimated costs to administer the
program.
There is a minimum award threshold of $8,000 per project (application), meaning the City
can allocate less than $8,000 for a particular public service activity if another agency in
the County commits to programming the remainder to equal a Countywide cumulative
total of at least $8,000. Furthermore, Council may recommend a CDBG award more than
or less than the amounts requested on the applications. Council can only make award
recommendations to those applications received for the funding cycle.
Analysis
The City received the following applications for the 2024 funding cycle:
Public Facilities (PF) and Housing Projects (HP) – Estimated 2024 Allocation
$87,233
City of Atascadero – ADA Accessibility Barrier Removal Projects (Viejo Camino) $90,000
Public Services – Limited to 15% of 2024 Allocation ($20,131)
El Camino Homeless Organization (ECHO) – Operation of Homeless Shelter 6,000
5 Cities Homeless Coalition – Subsistence Payments, Homeless Assistance & Security
Deposits 4,667
City of Atascadero – Youth Activity Scholarships 12,000
Administration – Limited to 20% of 2024 Allocation ($26,841)
City Program Administration Costs 9,394
County Program Administration Costs 17,447
Total Funds Requested $139,508
Estimated Funds Available $134,205
Net Difference ($5,303)
One application was received for the Public Facilities/Housing Projects category totaling
$90,000, which exceeds the estimated category allocation of $87,233 by $2,767. Three
applicants were received for the Public Services category totaling $22,667, which
exceeds the estimated category allocation of $20,131 by $2,536. As part of the CDBG
process, Council must develop a draft recommendation for the 2024 grant year that meets
the funding criteria while adhering to the categorical limits.
Upon approval, the draft funding recommendations will be forwarded to the County for
publishing along with recommendations from all participating agencies. A minimum of 30
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ITEM NUMBER: C-1
DATE: 12/12/23
days after publication, a second workshop will be held to allow questions from applicants
regarding the draft recommendations, after which the draft allocations will be forwarded
to City Council, with comments from the workshop, for final approval and forwarded to the
County Board of Supervisors. The following is a brief explanation of the funding groups
and applications within each:
PUBLIC FACILITIES (PF) & HOUSING PROJECTS (HP) 2024 Funds Available: $87,233
Public Facilities are defined as activities relating to real property, including the acquisition,
construction, rehabilitation or installation of public improvements.
City of Atascadero –ADA Accessibility Barrier Removal Project Viejo Camino
Funds Requested: $90,000
Viejo Camino Sidewalk Accessibility Project
The City of Atascadero submitted an CDBG application this cycle for the Viejo Camino
Sidewalk Accessibility Project. This project proposes to construct approximately 450
linear feet of new ADA compliant sidewalk, and curb ramps at two locations on Viejo
Camino between El Camino Real and Halcon Road. The sidewalk infill will also provide
connection to a regional bus stop which will provide a new bench and shelter for riders.
RTA has provided a letter of support for this project. This project warrants improvements
to increase accessibility for the traveling public due to its dilapidated and non-compliant
condition. The infrastructure improvements providing wheelchair ramps and ADA
compliant sidewalks will aid those with mobility impairments.
In 2021 Council approved $68,683 for partial funding of for the Viejo Camino Sidewalk
Project. The estimated total project cost is now estimated at $160,000, which requires
$91,317 in additional funding to complete.
PUBLIC SERVICES – (15% cap) 2024 Funds Available: $20,131
CDBG regulations allow for a wide range of public service activities, including, but not
limited to: employment services, crime prevention, childcare, health services, substance
abuse services, fair housing counseling and recreational services.
El Camino Homeless Organization (ECHO) Navigation Centers – Operation of Homeless
Shelter and Meals
Funds Requested: $6,000
ECHO operates Navigation Centers with overnight shelters in Atascadero and Paso
Robles. This program provides funding for operational costs at both Navigation Centers,
including utilities, food for meal programs, shelter supplies, insurance, and maintenance,
as well as for staff positions. The project also supports all or a portion of the following staff
salaries at the two sites: four case managers, two overnight shelter coordinators, a
volunteer coordinator, a shelter manager, a client services manager, and a daytime
program manager.
ECHO’s Atascadero Navigator Center has a 60-bed shelter serving all county residents,
and providing care for medically fragile clients. Through a partnership with People’s Self-
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ITEM NUMBER: C-1
DATE: 12/12/23
Help Housing and Housing Authority SLO, ECHO added 50 beds in 2020 by purchasing
a Motel 6 property in Paso Robles with a state Project Homekey grant.
At the Navigation Centers, shelter clients and the unsheltered access case management,
employment and benefits resources, and housing resources. ECHO helps clients to
connect with agencies providing health and mental health services, recovery programs,
educational assistance, and other services that will help clients reach their goals of stable
housing and physical and mental well-being. The public shower program provides access
to showers and donated clothing five times weekly for those not staying in a shelter.
5 Cities Homeless Coalition (5CHC) – Homeless Services: Shelter, Outreach &
Homeless Prevention
Funds Requested: $4,667
Rapid re-housing involves case management targeted at identifying displaced clients’
most essential needs and connecting them to community resources. Homeless
Prevention Services are provided to those at immediate risk of homelessness based on
need and qualification. Clients receive targeted case management services per their
individual circumstance, in addition to direct financial assistance to enable them to remain
in their housing, or deposit assistance needed to re-house them to prevent
homelessness. The goal is to assist participants to secure long-term stable housing that
they can afford to retain. By connecting people with a home, they are in a better position
to address other challenges that may have led to their homelessness, such as obtaining
employment or addressing substance abuse issues.
City of Atascadero – Youth Activity Scholarship Fund
Funds Requested: $12,000
The City administers the Youth Activity Scholarship Fund to allow the children of very low
and low-income families to participate in recreational and social activities, to keep children
active and engaged. Because this program is limited to very-low and
low-income families, the benefit criteria will be met.
ADMINISTRATION – (20% cap) 2024 Funds Available: $26,841
City of Atascadero – CDBG Program Administration - (7% cap)
Allocated Funds: $9,394
Significant City staff time from Public Works and Administrative Services is required for
CDBG administration, and coordination with County Planning staff. The City’s
administrative portion of the funding cannot exceed 7%, or $9,394 of the total
administrative grant amount.
If administration costs exceed the funding allocation, the remaining cost of administering
the program will need to be paid from the general fund.
County of San Luis Obispo – CDBG Program Administration- (13% cap)
Allocated Funds: $17,447
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ITEM NUMBER: C-1
DATE: 12/12/23
Due to the complexity of grant administration responsibilities and the consequences of
non-compliance, HUD recommends that the County provide all monitoring and oversight
for all CDBG grants. The County assumes the duties of project oversight, and receives
a required 13% of the total grant funds for administration services for Atascadero in the
amount of $17,447.
Conclusion
The City received funding requests for approximately $5,303 more than the anticipated
2024 available CDBG funding. In addition, there are limits related to categories of funding
for Public Services and Administration. As part of the CDBG process, Council must
develop a draft recommendation for the 2024 grant year that meets the funding criteria
while adhering to the category limits. A final recommendation will be made by Council in
March 2024.
FISCAL IMPACT:
Approval of Atascadero’s total 2024 CDBG allocation would result in the estimated
revenue and expenditure of $134,205 of CDBG funds.
ALTERNATIVES:
CDBG allocation awards must meet program requirements, providing a minimum of 70%
of funding to benefit low- and moderate-income persons, and no more than 15% may be
allocated to the public service category.
ATTACHMENTS:
None; a complete packet of submitted applications is available for public review at the
City of Atascadero City Clerk’s Office, 6500 Palma Avenue.
Page 94 of 94