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CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 25, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Bourbeau
Council Member Fonzi
Council Member Funk
Council Member Newsom
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS: None.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – February 11, 2020
Recommendation: Council approve the February 11, 2020 Draft City Council
Meeting Minutes. [City Clerk]
City Council Regular Session: 6:00 P.M.
Page 1 of 60
2. January 2020 Accounts Payable and Payroll
Fiscal Impact: $2,413,272.11
Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for January 2020. [Administrative Services]
3. December 2019 Investment Report
Fiscal Impact: None
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending December 31, 2019. [Administrative Services]
4. Amendment to 2019-2020 Salary Schedule to include Office Assistant II
Classification and Approval of Minor Staffing Adjustment
Fiscal Impact: The proposed changes will have a fiscal impact of
approximately $4,200 annually.
Recommendations: Council:
1. Effective July 1, 2019, amend the Salary Schedule for Fiscal Year 2019-
2020 to include the Office Assistant II position as follows:
2. Authorize City Manager to execute a Side Letter with the SEIU MOU adding
Office Assistant II at the salary range shown above.
3. Concur with Office Assistant staffing adjustment as recommended by the
City Manager.[City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the C ouncil 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 Com munity Forum,
unless changed by the Council. Any members of the public who have questions or need
information may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00
p.m. at (805) 470-3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS:
1. Proposed First Amended Marketing Agreement With Cliff Branch and James
Smith for Billboards and First Amendment to Ground Lease
Fiscal Impact: The fiscal impact will be approximately $4,200 a year in
budgeted funds for lease and maintenance costs for the City’s Billboard Face;
and an estimated $1,000 for printing and installation every time the City
chooses to change its billboard.
Recommendation: Council approve Proposed First Amended Marketing
Agreement with Cliff Branch and James Smith for Billboards and First
Amendment to Ground Lease. [City Attorney]
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Office Assistant II $3,145.85 $3,303.14 $3,468.30 $3,641.72 $3,823.81
Page 2 of 60
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Economic Vitality Corporation, Board of Directors (EVC)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Bourbeau
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Fonzi
1. Air Pollution Control District
2. Atascadero Basin Ground Water Sustainability Agency (GSA)
3. City of Atascadero Design Review Committee
4. SLO Local Agency Formation Commission (LAFCo)
Council Member Funk
1. City of Atascadero Finance Committee
2. Homeless Services Oversight Council
3. League of California Cities – Council Liaison
Council Member Newsom
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City / Schools Committee
3. City of Atascadero Design Review Committee
4. Visit SLO CAL Advisory Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 3 of 60
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m.
Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters
are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live,
audio recorded and videotaped for future playback. Charter Communication customers may view the meetings
on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast
on radio station KPRL AM 1230. Contact the City Clerk for more information at cityclerk@atascadero.org or
(805) 470-3400.
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 during City Hall business hours
at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org.
Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council.
The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council
meetings that are either read into the record or referred to in their statement will be noted in the minutes and
available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a
City meeting or other services offered by this City, please contact the City Manager’s Office or the City
Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services
are needed will assist the City staff in assuring that reasonable arrangements can be made to provide
accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business
with the Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes
will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer
presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the
meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to
submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk
before the meeting begins to announce your presence and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will
give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment
period is open and will request anyone interested to address the Council regarding the matter being considered
to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning
any other individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
Page 4 of 60
ITEM NUMBER: A-1
DATE: 02/25/20
Atascadero City Council
February 11, 2020
Page 1 of 3
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 11, 2020
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Entrance on Lewis Ave.)
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Council Member Newsom led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Fonzi, Funk, Newsom, Mayor Pro Tem Bourbeau and
Mayor Moreno
Absent: None
Others Present: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Public Works Director Nick DeBar, Police Chief Jerel Haley,
Community Development Director Phil Dunsmore, Fire Chief Casey
Bryson, City Attorney Brian Pierik, Deputy City Manager/City Clerk Lara
Christensen, and Deputy City Manager Terrie Banish
APPROVAL OF AGENDA:
MOTION: By Council Member Fonzi and seconded by Council Member
Newsom to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
City Council Regular Session: 6:00 P.M.
Page 5 of 60
ITEM NUMBER: A-1
DATE: 02/25/20
Atascadero City Council
February 11, 2020
Page 2 of 3
PRESENTATIONS:
1. Wine Speak Presentation
Amanda Wittstrom-Higgins, Dream Big Darling and Ancient Peaks Winery, gave the
Council a brief recap on the Wine Speak event.
Mayor Moreno announced that she would call for separate motion and vote on the Consent
Calendar items.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – January 28, 2020 & January 31, 2020 –
February 1, 2020
Recommendation: Council approve the January 14, 2020 Draft City Council
Regular and Special Meeting Minutes and the January 31, 2020 –
February 1, 2020 Draft City Council Special Meeting Minutes. [City Clerk]
MOTION: By Mayor Pro Tem Bourbeau and seconded by Council Member Funk
to approve Consent Calendar Item #A-1.
Motion passed 5:0 by a roll-call vote.
2. Title 9 Municipal Code Text Amendments (CPP19-0080)
Fiscal Impact: Staff expects minimal fiscal impact to the City from the adoption
of the proposed code text amendments.
Recommendation: Council adopt on second reading, by title only, a Draft
Ordinance approving amendments to Title 9, Planning and Zoning, Chapters 2, 3,
4, and 6 of the Atascadero Municipal Code for minor text corrections.
[Community Development]
MOTION: By Council Member Fonzi and seconded by Council Member Newsom
to approve Consent Calendar Item #A-2. (Ordinance No. 635).
Motion passed 4:1 by a roll-call vote. Bourbeau “NO”.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Maggie Payne
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
Page 6 of 60
ITEM NUMBER: A-1
DATE: 02/25/20
Atascadero City Council
February 11, 2020
Page 3 of 3
C. MANAGEMENT REPORTS:
1. City of Atascadero Marketing Update
Fiscal Impact: None.
Recommendation: Council receive and file Marketing Update. [City Manager]
Deputy City Manager Banish gave the presentation and answered questions from the
Council.
The Council received and filed the Marketing Update.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members made brief announcements and gave brief update reports
on their committees since their last Council meeting:
Mayor Moreno
1. County Mayors Round Table
2. SLO Council of Governments (SLOCOG)
Mayor Pro Tem Bourbeau
1. Integrated Waste Management Authority (IWMA)
Council Member Newsom
1. City of Atascadero Design Review Committee
2. Visit SLO CAL Advisory Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
F. ADJOURN
Mayor Moreno adjourned the meeting at 7:21 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
APPROVED:
Page 7 of 60
k-^1sI'WsI"!!S5S1;II t-m'm^rAtascadero City CouncilStaff Report- Administrative Services DepartmentJanuary 2020 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checks forJanuary 2020.DISCUSSION:Attached for City Council review and approval are the following:PayrollChecks # 34736 - 34750Direct DepositsChecks # 34751 - 34768Direct DepositsAccounts PayableDated 1/1/20-1/31/20 Checks # 162854 -163236& EFTs 3554 - 3580Dated 1/9/2020Dated 1/23/2020$TOTAL AMOUNT12,656.73317,632.1512,620.49281,828.571,788,534.17$ 2,413,272.11FISCAL IMPACT:Total expenditures for all funds is$ 2,413,272.11CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands.w^^J^ri^angelDLc^ctor of Administrative ServicesATTACHMENT:January 2020 Eden Warrant Register in the amount of$ 1,788,534.17ITEM NUMBER: A-2DATE: 02/25/20Page 8 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
162854 01/03/2020 4LEAF,INC.6,382.37Accounts Payable Check
162855 01/03/2020 ALL ABOUT EVENTS, INC.817.60Accounts Payable Check
162856 01/03/2020 ALL SIGNS AND GRAPHICS 735.12Accounts Payable Check
162857 01/03/2020 ALTHOUSE & MEADE, INC.385.00Accounts Payable Check
162858 01/03/2020 AMERICAN WEST TIRE & AUTO INC 20.00Accounts Payable Check
162859 01/03/2020 MICHAEL J. ARRIOLA 1,350.00Accounts Payable Check
162860 01/03/2020 ASSOCIATED TRAFFIC SAFETY, INC 53.07Accounts Payable Check
162862 01/03/2020 AT&T 496.20Accounts Payable Check
162863 01/03/2020 AT&T 100.10Accounts Payable Check
162865 01/03/2020 ATASCADERO MUTUAL WATER CO.6,931.70Accounts Payable Check
162866 01/03/2020 ATASCADERO PROF. FIREFIGHTERS 52.83Accounts Payable Check
162867 01/03/2020 BATTERY SYSTEMS, INC.60.31Accounts Payable Check
162868 01/03/2020 KEITH R. BERGHER 337.50Accounts Payable Check
162869 01/03/2020 BURKE,WILLIAMS, & SORENSON LLP 20,000.00Accounts Payable Check
162870 01/03/2020 CARQUEST OF ATASCADERO 215.82Accounts Payable Check
162871 01/03/2020 CASH 200.00Accounts Payable Check
162872 01/03/2020 MATTHEW L. CHESSON 179.00Accounts Payable Check
162873 01/03/2020 COASTAL REPROGRAPHIC SERVICES 51.72Accounts Payable Check
162874 01/03/2020 COLONY MEDIA 7,358.95Accounts Payable Check
162875 01/03/2020 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
162876 01/03/2020 COLIN W. DEAN 1,500.00Accounts Payable Check
162877 01/03/2020 NICHOLAS DEBAR 300.00Accounts Payable Check
162878 01/03/2020 PHILIP DUNSMORE 300.00Accounts Payable Check
162879 01/03/2020 EARTH SYSTEMS PACIFIC 370.00Accounts Payable Check
162880 01/03/2020 CHRISTOPHER J. EDWARDS 625.00Accounts Payable Check
162881 01/03/2020 CODY FERRIS 128.00Accounts Payable Check
162882 01/03/2020 FOOD FOR LESS 517.18Accounts Payable Check
162883 01/03/2020 FRANCHISE TAX BOARD 181.13Accounts Payable Check
162884 01/03/2020 GAS COMPANY 853.43Accounts Payable Check
162885 01/03/2020 GHD, INC.25,961.81Accounts Payable Check
162886 01/03/2020 SCOTT GROOMER 128.00Accounts Payable Check
162887 01/03/2020 ANDREW HAWKINS 128.00Accounts Payable Check
162888 01/03/2020 J. CARROLL CORPORATION 5,111.38Accounts Payable Check
162889 01/03/2020 JIFFY LUBE 150.46Accounts Payable Check
162890 01/03/2020 JK'S UNLIMITED, INC.907.71Accounts Payable Check
162891 01/03/2020 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
162892 01/03/2020 JOURNAL PLUS MAGAZINE 900.00Accounts Payable Check
162893 01/03/2020 K PENCE CONSULTING 3,382.50Accounts Payable Check
162894 01/03/2020 L.N. CURTIS & SONS 1,085.02Accounts Payable Check
162895 01/03/2020 LIFE ASSIST, INC.1,291.40Accounts Payable Check
162896 01/03/2020 MATTHEW MADRIGAL 128.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 9 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
162897 01/03/2020 MARIACHI MEXICANISIMO 750.00Accounts Payable Check
162898 01/03/2020 MEDINA LIGHT SHOW DESIGNS 2,100.00Accounts Payable Check
162899 01/03/2020 MID-COAST MOWER & SAW, INC.73.63Accounts Payable Check
162900 01/03/2020 MINER'S ACE HARDWARE 119.85Accounts Payable Check
162901 01/03/2020 MISSION UNIFORM SERVICE 128.36Accounts Payable Check
162902 01/03/2020 KYLE NAKAZAWA 128.00Accounts Payable Check
162903 01/03/2020 OFFICE DEPOT INC.1,230.42Accounts Payable Check
162904 01/03/2020 CHRISTOPHER J. OLIVAS 1,700.00Accounts Payable Check
162906 01/03/2020 PACIFIC GAS AND ELECTRIC 24,484.45Accounts Payable Check
162907 01/03/2020 PASO ROBLES SAFE & LOCK, INC.2,484.32Accounts Payable Check
162908 01/03/2020 PLACEWORKS, INC.6,351.01Accounts Payable Check
162909 01/03/2020 PROCARE JANITORIAL SUPPLY,INC.42.95Accounts Payable Check
162910 01/03/2020 PYRO SPECTACULARS, INC.5,000.00Accounts Payable Check
162911 01/03/2020 QUINCY ENGINEERING, INC.35,687.55Accounts Payable Check
162912 01/03/2020 JERI RANGEL 300.00Accounts Payable Check
162913 01/03/2020 RACHELLE RICKARD 500.00Accounts Payable Check
162914 01/03/2020 ROLSON MUSIC & SOUND 2,650.00Accounts Payable Check
162915 01/03/2020 SAN LUIS POWERHOUSE, INC.405.00Accounts Payable Check
162916 01/03/2020 SCHLEGEL SAND, GRAVEL, & LAND 549.20Accounts Payable Check
162917 01/03/2020 THE SHERWIN-WILLIAMS COMPANY 74.34Accounts Payable Check
162918 01/03/2020 SPECTRUM 164.97Accounts Payable Check
162919 01/03/2020 SUNLIGHT JANITORIAL, INC.2,661.00Accounts Payable Check
162920 01/03/2020 THE TRIBUNE 1,373.35Accounts Payable Check
162921 01/03/2020 ULTREX BUSINESS PRODUCTS 7.00Accounts Payable Check
162922 01/03/2020 ULTREX LEASING 260.76Accounts Payable Check
162923 01/03/2020 VERIZON WIRELESS 857.42Accounts Payable Check
162924 01/03/2020 VINO VICE, INC.240.00Accounts Payable Check
162925 01/03/2020 WALLACE GROUP 1,744.60Accounts Payable Check
162926 01/03/2020 WCJ PROPERTY SERVICES 543.37Accounts Payable Check
162927 01/03/2020 WEX BANK - 76 UNIVERSL 9,539.87Accounts Payable Check
162928 01/03/2020 WEX BANK - WEX FLEET UNIVERSAL 7,032.94Accounts Payable Check
162929 01/03/2020 WOOLERY, JONATHAN 841.00Accounts Payable Check
162930 01/03/2020 ZOO MED LABORATORIES, INC.441.73Accounts Payable Check
162931 01/03/2020 ZOOM IMAGING SOLUTIONS, INC.2,192.72Accounts Payable Check
162933 01/07/2020 ANTHEM BLUE CROSS HEALTH 185,098.04Payroll Vendor Payment
162934 01/07/2020 LINCOLN NATIONAL LIFE INS CO 1,663.23Payroll Vendor Payment
162935 01/07/2020 MEDICAL EYE SERVICES 1,780.86Payroll Vendor Payment
162936 01/07/2020 PREFERRED BENEFITS INSURANCE 8,678.50Payroll Vendor Payment
3554 01/09/2020 ANTHEM BLUE CROSS HSA 15,905.03Payroll Vendor Payment
3555 01/09/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment
162937 01/09/2020 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 02/25/20
Page 10 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
162938 01/09/2020 ATASCADERO POLICE OFFICERS 1,916.25Payroll Vendor Payment
162939 01/09/2020 ATASCADERO PROF. FIREFIGHTERS 1,013.05Payroll Vendor Payment
162940 01/09/2020 FRANCHISE TAX BOARD 580.16Payroll Vendor Payment
162941 01/09/2020 MASS MUTUAL WORKPLACE SOLUTION 9,020.50Payroll Vendor Payment
162942 01/09/2020 NATIONWIDE RETIREMENT SOLUTION 300.94Payroll Vendor Payment
162943 01/09/2020 NAVIA BENEFIT SOLUTIONS 1,600.88Payroll Vendor Payment
162944 01/09/2020 SEIU LOCAL 620 872.91Payroll Vendor Payment
162945 01/09/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
162946 01/09/2020 VANTAGEPOINT TRNSFR AGT 304633 4,681.39Payroll Vendor Payment
162947 01/09/2020 VANTAGEPOINT TRNSFR AGT 706276 126.00Payroll Vendor Payment
3556 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 23,450.44Payroll Vendor Payment
3557 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 42,112.29Payroll Vendor Payment
3558 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,688.93Payroll Vendor Payment
3559 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,914.94Payroll Vendor Payment
3560 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,355.64Payroll Vendor Payment
3561 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,566.43Payroll Vendor Payment
3562 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 11,964.77Payroll Vendor Payment
3563 01/10/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,179.73Payroll Vendor Payment
3564 01/14/2020 RABOBANK, N.A.64,596.42Payroll Vendor Payment
3565 01/14/2020 EMPLOYMENT DEV DEPARTMENT 20,138.65Payroll Vendor Payment
3566 01/14/2020 EMPLOYMENT DEV. DEPARTMENT 2,859.01Payroll Vendor Payment
3567 01/14/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,376.88Accounts Payable Check
162948 01/17/2020 AAAA ENGINEERING CONTRACTING 116,847.72Accounts Payable Check
162949 01/17/2020 AGM CALIFORNIA, INC.2,045.00Accounts Payable Check
162950 01/17/2020 AGP VIDEO, INC.1,930.00Accounts Payable Check
162951 01/17/2020 ALL SIGNS AND GRAPHICS 442.44Accounts Payable Check
162952 01/17/2020 ALLIANT INSURANCE SERVICES INC 141.00Accounts Payable Check
162953 01/17/2020 AMERICAN MARBORG 115.61Accounts Payable Check
162954 01/17/2020 AMERICAN WEST TIRE & AUTO INC 9,237.76Accounts Payable Check
162956 01/17/2020 AT&T 1,245.35Accounts Payable Check
162957 01/17/2020 AT&T 663.40Accounts Payable Check
162958 01/17/2020 ATASCADERO CHAMBER OF COMMERCE 57,854.00Accounts Payable Check
162959 01/17/2020 ATASCADERO HAY & FEED 2,012.06Accounts Payable Check
162960 01/17/2020 ATASCADERO PICKLEBALL CLUB,INC 120.30Accounts Payable Check
162961 01/17/2020 BACKFLOW APPARATUS & VALVE CO.23.71Accounts Payable Check
162962 01/17/2020 TERRIE BANISH 28.00Accounts Payable Check
162963 01/17/2020 BASSETT'S CRICKET RANCH,INC.1,278.04Accounts Payable Check
162964 01/17/2020 BELL'S PLUMBING REPAIR, INC.175.00Accounts Payable Check
162965 01/17/2020 BERRY MAN, INC.1,006.05Accounts Payable Check
162966 01/17/2020 BIG RED MARKETING, INC.5,690.00Accounts Payable Check
162967 01/17/2020 TOM BIRKENFELD 174.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 11 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
162968 01/17/2020 BREZDEN PEST CONTROL, INC.65.00Accounts Payable Check
162969 01/17/2020 BURT INDUSTRIAL SUPPLY 119.49Accounts Payable Check
162970 01/17/2020 CA BUILDING STANDARDS COMM.484.20Accounts Payable Check
162971 01/17/2020 CA DEPT OF TAX AND FEE ADMIN.1,495.00Accounts Payable Check
162972 01/17/2020 CARQUEST OF ATASCADERO 95.27Accounts Payable Check
162973 01/17/2020 CAVENAUGH AND ASSC.2,192.00Accounts Payable Check
162974 01/17/2020 CCC-ICC 150.00Accounts Payable Check
162975 01/17/2020 CENTRAL COAST FIRE PREVENTION 30.00Accounts Payable Check
162976 01/17/2020 CERTIF-A-GIFT COMPANY 1,717.45Accounts Payable Check
162977 01/17/2020 CHARTER COMMUNICATIONS 6,000.40Accounts Payable Check
162978 01/17/2020 MATTHEW L. CHESSON 77.00Accounts Payable Check
162979 01/17/2020 KATHLEEN J. CINOWALT 126.00Accounts Payable Check
162980 01/17/2020 CLEARS, INC.50.00Accounts Payable Check
162981 01/17/2020 COLONY MEDIA 250.00Accounts Payable Check
162982 01/17/2020 CREWSENSE, LLC 193.35Accounts Payable Check
162983 01/17/2020 CULLIGAN/CENTRAL COAST WTR TRT 70.00Accounts Payable Check
162984 01/17/2020 DELTA LIQUID ENERGY 890.92Accounts Payable Check
162985 01/17/2020 DEPARTMENT OF CONSERVATION 2,080.29Accounts Payable Check
162986 01/17/2020 DESTINATION TRAVEL NETWORK 200.00Accounts Payable Check
162987 01/17/2020 DIVISION OF STATE ARCHITECT 375.20Accounts Payable Check
162988 01/17/2020 DOCUTEAM 138.96Accounts Payable Check
162989 01/17/2020 DOLE FAMILY PROPERTIES, LLC 1,452.50Accounts Payable Check
162990 01/17/2020 JOHN W DOUPE 231.00Accounts Payable Check
162991 01/17/2020 DRIVE CUSTOMS 6,907.74Accounts Payable Check
162992 01/17/2020 PHILIP DUNSMORE 31.27Accounts Payable Check
162993 01/17/2020 EL CAMINO BUILDING SUPPLY 55.92Accounts Payable Check
162994 01/17/2020 EL CAMINO VETERINARY HOSP 136.52Accounts Payable Check
162995 01/17/2020 ELECTRICRAFT, INC.1,571.93Accounts Payable Check
162996 01/17/2020 ENTENMANN-ROVIN CO.3,016.30Accounts Payable Check
162997 01/17/2020 ESCUELA DEL RIO 790.00Accounts Payable Check
162998 01/17/2020 CODY FERRIS 120.00Accounts Payable Check
162999 01/17/2020 FGL ENVIRONMENTAL 477.00Accounts Payable Check
163000 01/17/2020 FRANCHISE TAX BOARD 230.00Accounts Payable Check
163001 01/17/2020 GARRY BRILL PRODUCTIONS 150.00Accounts Payable Check
163002 01/17/2020 GAS COMPANY 1,463.52Accounts Payable Check
163003 01/17/2020 ALEX GENTILLY 174.00Accounts Payable Check
163004 01/17/2020 GHD, INC.1,524.00Accounts Payable Check
163005 01/17/2020 SCOTT GROOMER 174.00Accounts Payable Check
163006 01/17/2020 BRADLEY A. HACKLEMAN 204.00Accounts Payable Check
163007 01/17/2020 JEREL HALEY 80.66Accounts Payable Check
163008 01/17/2020 HANLEY AND FLEISHMAN, LLP 1,702.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 12 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163009 01/17/2020 HART IMPRESSIONS PRINTING 32.33Accounts Payable Check
163010 01/17/2020 ANDREW HAWKINS 174.00Accounts Payable Check
163011 01/17/2020 HINDERLITER, DE LLAMAS 1,066.84Accounts Payable Check
163012 01/17/2020 RYAN HOFSTETTER 304.68Accounts Payable Check
163013 01/17/2020 HOME DEPOT CREDIT SERVICES 1,561.00Accounts Payable Check
163014 01/17/2020 INGLIS PET HOTEL 4,000.00Accounts Payable Check
163015 01/17/2020 IRON MOUNTAIN RECORDS MGMNT 217.92Accounts Payable Check
163016 01/17/2020 ZACHARIAH JACKSON 174.00Accounts Payable Check
163017 01/17/2020 JIFFY LUBE 95.04Accounts Payable Check
163018 01/17/2020 JK'S UNLIMITED, INC.1,814.37Accounts Payable Check
163019 01/17/2020 JODI'S BLOOM N GROW 783.07Accounts Payable Check
163020 01/17/2020 KPRL 1230 AM 920.00Accounts Payable Check
163021 01/17/2020 KSBY COMMUNICATIONS 2,000.00Accounts Payable Check
163022 01/17/2020 LAYNE LABORATORIES, INC.2,052.64Accounts Payable Check
163023 01/17/2020 COLETTE LAYTON 174.00Accounts Payable Check
163024 01/17/2020 LEE WILSON ELECTRIC CO. INC 2,492.09Accounts Payable Check
163025 01/17/2020 LEHIGH HANSON 1,512.90Accounts Payable Check
163026 01/17/2020 JACKSON LIGHT 174.00Accounts Payable Check
163027 01/17/2020 THOMAS LITTLE 174.00Accounts Payable Check
163028 01/17/2020 HELEN LIVINGSTON 32.00Accounts Payable Check
163029 01/17/2020 ANDREW LUERA 174.00Accounts Payable Check
163030 01/17/2020 MATTHEW MADRIGAL 129.00Accounts Payable Check
163031 01/17/2020 MADRONE LANDSCAPES, INC.380.00Accounts Payable Check
163032 01/17/2020 MARIACHI VOCES TAPATIAS 2,000.00Accounts Payable Check
163033 01/17/2020 BECKY MAXWELL 46.52Accounts Payable Check
163034 01/17/2020 MEDPOST URGENT CARE-ATASCADERO 20.00Accounts Payable Check
163035 01/17/2020 MICHAEL K. NUNLEY & ASSC, INC.15,918.69Accounts Payable Check
163036 01/17/2020 MINER'S ACE HARDWARE 253.95Accounts Payable Check
163037 01/17/2020 MATTHEW J. MIRANDA 174.00Accounts Payable Check
163038 01/17/2020 MISSION UNIFORM SERVICE 436.16Accounts Payable Check
163039 01/17/2020 HEATHER MORENO 386.86Accounts Payable Check
163040 01/17/2020 MOSS, LEVY, & HARTZHEIM LLP 2,000.00Accounts Payable Check
163041 01/17/2020 KATIE MULDER 114.02Accounts Payable Check
163042 01/17/2020 RAYMOND L. MULLIKIN 192.00Accounts Payable Check
163043 01/17/2020 MV TRANSPORTATION, INC.15,021.21Accounts Payable Check
163044 01/17/2020 MWI ANIMAL HEALTH 265.82Accounts Payable Check
163045 01/17/2020 KYLE NAKAZAWA 174.00Accounts Payable Check
163046 01/17/2020 NBS 6,875.57Accounts Payable Check
163047 01/17/2020 PAUL NETZ 174.00Accounts Payable Check
163048 01/17/2020 OFFICE DEPOT INC.485.37Accounts Payable Check
163049 01/17/2020 O'REILLY AUTOMOTIVE, INC.30.14Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 13 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163050 01/17/2020 TARA ORLICK 67.28Accounts Payable Check
163051 01/17/2020 PACIFIC CNTRL COAST HLTH CTRS 690.00Accounts Payable Check
163052 01/17/2020 PACIFIC GAS AND ELECTRIC 23,475.22Accounts Payable Check
163053 01/17/2020 THE PALY FOUNDATION 38.31Accounts Payable Check
163054 01/17/2020 PASO ROBLES SAFE & LOCK, INC.486.92Accounts Payable Check
163055 01/17/2020 PEAKWIFI, LLC 26,224.75Accounts Payable Check
163056 01/17/2020 DEAN PERICIC 174.00Accounts Payable Check
163057 01/17/2020 PERRY'S ELECTRIC MOTORS & CTRL 425.00Accounts Payable Check
163058 01/17/2020 PERRY'S PARCEL & GIFT 107.06Accounts Payable Check
163059 01/17/2020 PRAXAIR DISTRIBUTION, INC.51.05Accounts Payable Check
163060 01/17/2020 PROCARE JANITORIAL SUPPLY,INC.1,999.89Accounts Payable Check
163061 01/17/2020 SHIRLEY L. RADCLIFF-BRUTON 553.20Accounts Payable Check
163062 01/17/2020 RAINSCAPE, A LANDSCAPE SVC CO.7,092.00Accounts Payable Check
163063 01/17/2020 RANCHO LOS SANTOS ENTERTAINMNT 1,800.00Accounts Payable Check
163064 01/17/2020 READYREFRESH BY NESTLE 798.39Accounts Payable Check
163065 01/17/2020 BRANDON ROBERTS 174.00Accounts Payable Check
163066 01/17/2020 CHRISTOPHER R. ROBINSON 174.00Accounts Payable Check
163067 01/17/2020 ROSSI TRANSPORT SERVICE 2,000.00Accounts Payable Check
163068 01/17/2020 SAN LUIS POWERHOUSE, INC.405.00Accounts Payable Check
163069 01/17/2020 SANTA MARIA TIRE, INC.3,896.61Accounts Payable Check
163070 01/17/2020 SERVICE SYSTEMS ASSC, INC.2,500.00Accounts Payable Check
163071 01/17/2020 THE SHERWIN-WILLIAMS COMPANY 330.22Accounts Payable Check
163072 01/17/2020 JOHN C. SIEMENS 148.05Accounts Payable Check
163073 01/17/2020 SILICON VALLEY BANK 72.00Accounts Payable Check
163074 01/17/2020 SLO CO AUDITOR CONTROLLER 197.00Accounts Payable Check
163075 01/17/2020 SLO COUNTY HEALTH AGENCY 74,320.25Accounts Payable Check
163076 01/17/2020 SLO COUNTY SHERIFF'S OFFICE 53.00Accounts Payable Check
163077 01/17/2020 JASON SMITH 45.00Accounts Payable Check
163078 01/17/2020 SO. BAY REG. PUBLIC SAFETY 500.00Accounts Payable Check
163079 01/17/2020 SOUZA CONSTRUCTION, INC.85,378.13Accounts Payable Check
163080 01/17/2020 SPEAKWRITE, LLC.314.07Accounts Payable Check
163081 01/17/2020 MICHAEL STORNETTA 174.00Accounts Payable Check
163082 01/17/2020 SUNLIGHT JANITORIAL, INC.1,700.00Accounts Payable Check
163083 01/17/2020 SUPERION, LLC 1,185.03Accounts Payable Check
163088 01/17/2020 U.S. BANK 24,618.30Accounts Payable Check
163089 01/17/2020 ULTREX BUSINESS PRODUCTS 40.51Accounts Payable Check
163090 01/17/2020 UNITED RENTALS (NORTH AM), INC 22,132.55Accounts Payable Check
163091 01/17/2020 VERDIN 10,496.46Accounts Payable Check
163092 01/17/2020 VERIZON WIRELESS 1,561.73Accounts Payable Check
163093 01/17/2020 VISITOR TELEVISION LLC 595.00Accounts Payable Check
163094 01/17/2020 WALLACE GROUP 6,157.50Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 14 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163095 01/17/2020 WALSH ENGINEERING 11,275.00Accounts Payable Check
163096 01/17/2020 WCJ PROPERTY SERVICES 690.00Accounts Payable Check
163097 01/17/2020 BRIAN WESTERMAN 18.00Accounts Payable Check
163098 01/17/2020 WILLIAM P. WHITE 124.00Accounts Payable Check
163099 01/17/2020 VOID 0.00Accounts Payable Check
163100 01/17/2020 KAREN B. WYKE 635.70Accounts Payable Check
163101 01/17/2020 ZACHARY J YEAMAN-SANCHEZ 231.00Accounts Payable Check
3568 01/23/2020 ANTHEM BLUE CROSS HSA 8,687.61Payroll Vendor Payment
3569 01/23/2020 STATE DISBURSEMENT UNIT 209.54Payroll Vendor Payment
163102 01/23/2020 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment
163103 01/23/2020 ATASCADERO POLICE OFFICERS 1,916.25Payroll Vendor Payment
163104 01/23/2020 ATASCADERO PROF. FIREFIGHTERS 1,013.05Payroll Vendor Payment
163105 01/23/2020 EMPLOYMENT DEV. DEPARTMENT 4,532.00Payroll Vendor Payment
163106 01/23/2020 ICMA-RC 125.00Payroll Vendor Payment
163107 01/23/2020 MASS MUTUAL WORKPLACE SOLUTION 6,545.50Payroll Vendor Payment
163108 01/23/2020 NATIONWIDE RETIREMENT SOLUTION 516.05Payroll Vendor Payment
163109 01/23/2020 NAVIA BENEFIT SOLUTIONS 1,600.88Payroll Vendor Payment
163110 01/23/2020 SEIU LOCAL 620 872.91Payroll Vendor Payment
163111 01/23/2020 VANTAGEPOINT TRNSFR AGT 106099 357.85Payroll Vendor Payment
163112 01/23/2020 VANTAGEPOINT TRNSFR AGT 304633 4,543.79Payroll Vendor Payment
163113 01/23/2020 VANTAGEPOINT TRNSFR AGT 706276 146.00Payroll Vendor Payment
3570 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,407.08Payroll Vendor Payment
3571 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 35,639.24Payroll Vendor Payment
3572 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,702.50Payroll Vendor Payment
3573 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,914.94Payroll Vendor Payment
3574 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,908.84Payroll Vendor Payment
3575 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,979.21Payroll Vendor Payment
3576 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,071.34Payroll Vendor Payment
3577 01/24/2020 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 12,336.16Payroll Vendor Payment
163114 01/24/2020 NEOFUNDS 2,000.00Accounts Payable Check
3578 01/28/2020 RABOBANK, N.A.50,195.09Payroll Vendor Payment
3579 01/28/2020 EMPLOYMENT DEV DEPARTMENT 14,066.82Payroll Vendor Payment
3580 01/28/2020 EMPLOYMENT DEV. DEPARTMENT 2,176.87Payroll Vendor Payment
163115 01/31/2020 4LEAF,INC.1,037.51Accounts Payable Check
163116 01/31/2020 A SUPERIOR CRANE, LLC 2,000.00Accounts Payable Check
163117 01/31/2020 ACCURATE MAILING SERVICE 135.99Accounts Payable Check
163118 01/31/2020 ADDICTION MEDICINE CONSULTANTS 700.00Accounts Payable Check
163119 01/31/2020 AGM CALIFORNIA, INC.340.00Accounts Payable Check
163120 01/31/2020 ALAMEDA ELECTRICAL DISTRIBUTOR 337.99Accounts Payable Check
163121 01/31/2020 ALLEN'S SHARPENING SERVICE 1,273.85Accounts Payable Check
163122 01/31/2020 ALTHOUSE & MEADE, INC.375.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 15 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163123 01/31/2020 AMERICAN MARBORG 274.10Accounts Payable Check
163124 01/31/2020 AMERIGAS 346.33Accounts Payable Check
163125 01/31/2020 DREW T. ARDOUIN 136.00Accounts Payable Check
163126 01/31/2020 ASSC. OF ZOOS & AQUARIUMS 100.00Accounts Payable Check
163127 01/31/2020 ASSOCIATED TRAFFIC SAFETY, INC 82.27Accounts Payable Check
163128 01/31/2020 AT&T 295.69Accounts Payable Check
163129 01/31/2020 AT&T 262.57Accounts Payable Check
163130 01/31/2020 ATM ADVANTAGE PLUS 300.00Accounts Payable Check
163131 01/31/2020 MIKE BERTACCINI 200.00Accounts Payable Check
163132 01/31/2020 BEST CHOICE BFB 1,930.25Accounts Payable Check
163133 01/31/2020 GREGORY A. BRAZZI 120.00Accounts Payable Check
163134 01/31/2020 BURKE,WILLIAMS, & SORENSON LLP 20,000.00Accounts Payable Check
163135 01/31/2020 CA CODE CHECK, INC.4,519.90Accounts Payable Check
163136 01/31/2020 CHRISTOPHER M. CARNES 85.00Accounts Payable Check
163137 01/31/2020 CARQUEST OF ATASCADERO 451.95Accounts Payable Check
163138 01/31/2020 CASEY PRINTING, INC.5,894.43Accounts Payable Check
163139 01/31/2020 CENTRAL COAST URGENT CARE, INC 150.00Accounts Payable Check
163140 01/31/2020 CHARTER COMMUNICATIONS 104.98Accounts Payable Check
163141 01/31/2020 MATTHEW L. CHESSON 179.00Accounts Payable Check
163142 01/31/2020 CIO SOLUTIONS, LP 1,600.00Accounts Payable Check
163143 01/31/2020 CJN EVENT PLANNING 300.00Accounts Payable Check
163144 01/31/2020 COAST LINE DISTRIBUTING 316.69Accounts Payable Check
163145 01/31/2020 COASTAL COPY, INC.938.98Accounts Payable Check
163146 01/31/2020 DEEP BLUE INTEGRATION, INC.135.00Accounts Payable Check
163147 01/31/2020 DELTA LIQUID ENERGY 166.29Accounts Payable Check
163148 01/31/2020 DEPARTMENT OF JUSTICE 443.00Accounts Payable Check
163149 01/31/2020 DEPARTMENT OF TRANSPORTATION 6,494.29Accounts Payable Check
163150 01/31/2020 ESCROW CLEANING SERVICE 700.00Accounts Payable Check
163151 01/31/2020 FARM SUPPLY COMPANY 35.46Accounts Payable Check
163152 01/31/2020 FENCE FACTORY ATASCADERO 3,275.50Accounts Payable Check
163153 01/31/2020 FERRELL'S AUTO REPAIR 508.50Accounts Payable Check
163154 01/31/2020 FGL ENVIRONMENTAL 398.00Accounts Payable Check
163155 01/31/2020 FIESTA MAHAR MANUFACTURNG CORP 402.40Accounts Payable Check
163156 01/31/2020 FRANCHISE TAX BOARD 145.13Accounts Payable Check
163157 01/31/2020 GAMETIME 31,904.15Accounts Payable Check
163158 01/31/2020 GAS COMPANY 3,809.89Accounts Payable Check
163159 01/31/2020 TRISTAN M. GUILLORY 140.00Accounts Payable Check
163160 01/31/2020 HART IMPRESSIONS PRINTING 203.65Accounts Payable Check
163161 01/31/2020 HELIXSTORM, INC.105,779.38Accounts Payable Check
163162 01/31/2020 HERC RENTALS, INC.1,467.25Accounts Payable Check
163163 01/31/2020 HERITAGE CABINETS 79.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 16 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163164 01/31/2020 RYAN HOFSTETTER 248.33Accounts Payable Check
163165 01/31/2020 RACHEL HUNTER 283.55Accounts Payable Check
163166 01/31/2020 JOHN S. HURLBURT JR.100.00Accounts Payable Check
163167 01/31/2020 HUTCH HEATING & AIR, INC.45.00Accounts Payable Check
163168 01/31/2020 INFORMATION TECHNOLOGY 2,391.96Accounts Payable Check
163169 01/31/2020 JIFFY LUBE 50.23Accounts Payable Check
163170 01/31/2020 JK'S UNLIMITED, INC.9,655.52Accounts Payable Check
163171 01/31/2020 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
163172 01/31/2020 JOEL SWITZER DIESEL REPAIR,INC 1,257.58Accounts Payable Check
163173 01/31/2020 RACHEL M. JONES 45.00Accounts Payable Check
163174 01/31/2020 K & M INTERNATIONAL 864.00Accounts Payable Check
163175 01/31/2020 STEVEN KAHN 540.63Accounts Payable Check
163176 01/31/2020 KNECHT'S PLUMBING & HEATING 190.00Accounts Payable Check
163177 01/31/2020 COLETTE LAYTON 281.00Accounts Payable Check
163178 01/31/2020 LEAGUE OF CALIFORNIA CITIES 13,149.00Accounts Payable Check
163179 01/31/2020 LEE WILSON ELECTRIC CO. INC 3,316.43Accounts Payable Check
163180 01/31/2020 LEFT COAST T-SHIRT CO.1,173.74Accounts Payable Check
163181 01/31/2020 LEHIGH HANSON 2,201.68Accounts Payable Check
163182 01/31/2020 LIFE ASSIST, INC.1,225.45Accounts Payable Check
163183 01/31/2020 MEDINA LIGHT SHOW DESIGNS 1,200.00Accounts Payable Check
163184 01/31/2020 RILEY A. METE 120.00Accounts Payable Check
163185 01/31/2020 MID-COAST MOWER & SAW, INC.61.88Accounts Payable Check
163186 01/31/2020 MIG 3,782.66Accounts Payable Check
163187 01/31/2020 MINER'S ACE HARDWARE 1,220.08Accounts Payable Check
163188 01/31/2020 MISSION UNIFORM SERVICE 383.98Accounts Payable Check
163189 01/31/2020 NEW TIMES 575.00Accounts Payable Check
163190 01/31/2020 OFFICE DEPOT INC.632.74Accounts Payable Check
163191 01/31/2020 ON THE WALL, INC.925.00Accounts Payable Check
163192 01/31/2020 TARA ORLICK 43.13Accounts Payable Check
163194 01/31/2020 PACIFIC GAS AND ELECTRIC 8,106.99Accounts Payable Check
163195 01/31/2020 PACIFIC GAS AND ELECTRIC 1,500.00Accounts Payable Check
163196 01/31/2020 RICARDO PAZ 48.00Accounts Payable Check
163197 01/31/2020 SCOTT E. PIPAN 72.00Accounts Payable Check
163198 01/31/2020 PLACEWORKS, INC.30,904.91Accounts Payable Check
163199 01/31/2020 PRINTPAL PROMOTIONS & PRINTING 1,991.85Accounts Payable Check
163200 01/31/2020 PRO SOUND, INC.921.84Accounts Payable Check
163201 01/31/2020 PROCARE JANITORIAL SUPPLY,INC.517.99Accounts Payable Check
163202 01/31/2020 PRW STEEL SUPPLY, INC.754.81Accounts Payable Check
163203 01/31/2020 QUINCY ENGINEERING, INC.9,543.65Accounts Payable Check
163204 01/31/2020 RADAR SHOP, INC.681.00Accounts Payable Check
163205 01/31/2020 RAVATT,ALBRECHT, & ASSC.,INC.1,884.18Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/25/20
Page 17 of 60
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2020
163206 01/31/2020 READYREFRESH BY NESTLE 57.11Accounts Payable Check
163207 01/31/2020 RECOGNITION WORKS 398.36Accounts Payable Check
163208 01/31/2020 SAMUEL RODRIGUEZ 66.00Accounts Payable Check
163209 01/31/2020 SAN LUIS POWERHOUSE, INC.270.00Accounts Payable Check
163210 01/31/2020 SCHLEGEL SAND, GRAVEL, & LAND 222.50Accounts Payable Check
163211 01/31/2020 SHORE-TEK, INC.436.03Accounts Payable Check
163212 01/31/2020 SIGTRONICS CORP.316.09Accounts Payable Check
163213 01/31/2020 SLOFIST 75.00Accounts Payable Check
163214 01/31/2020 SOUTH COAST EMERGENCY VEH SVC 138.94Accounts Payable Check
163215 01/31/2020 STATEWIDE TRAFFIC SAFETY&SIGNS 2,856.70Accounts Payable Check
163216 01/31/2020 KURT W. STONE 1,200.00Accounts Payable Check
163217 01/31/2020 SUN BADGE COMPANY 54.10Accounts Payable Check
163218 01/31/2020 SUNLIGHT JANITORIAL, INC.2,661.00Accounts Payable Check
163219 01/31/2020 SURE FIRE TRAINING, INC.350.00Accounts Payable Check
163220 01/31/2020 TEMPLETON GLASS CO., INC.64.14Accounts Payable Check
163221 01/31/2020 CHRISTOPHER DANIEL THOMAS 140.00Accounts Payable Check
163222 01/31/2020 TRIMOTION MEDIA 650.00Accounts Payable Check
163223 01/31/2020 U.S. POSTAL SERVICE 2,600.00Accounts Payable Check
163224 01/31/2020 ULTREX LEASING 260.76Accounts Payable Check
163225 01/31/2020 EMILIO S. VELCI 154.00Accounts Payable Check
163226 01/31/2020 VERIZON WIRELESS 3,463.88Accounts Payable Check
163227 01/31/2020 VINO VICE, INC.1,805.25Accounts Payable Check
163228 01/31/2020 VISIT SLO CAL 1,280.00Accounts Payable Check
163229 01/31/2020 WALLACE GROUP 19,723.35Accounts Payable Check
163230 01/31/2020 KYLER P. WARREN 80.00Accounts Payable Check
163231 01/31/2020 WCJ PROPERTY SERVICES 435.37Accounts Payable Check
163232 01/31/2020 HEATH T. WEST 48.00Accounts Payable Check
163233 01/31/2020 CHARLES M. WILBUR 250.00Accounts Payable Check
163234 01/31/2020 WILKINS ACTION GRAPHICS 288.29Accounts Payable Check
163235 01/31/2020 JEFF WILSHUSEN 72.00Accounts Payable Check
163236 01/31/2020 ZOOM IMAGING SOLUTIONS, INC.947.54Accounts Payable Check
$1,788,534.17
ITEM NUMBER: A-2
DATE: 02/25/20
Page 18 of 60
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ITEM NUMBER: A-3
DATE: 02/25/20
Page 22 of 60
ITEM NUMBER: A-3
DATE: 02/25/20
Page 23 of 60
ITEM NUMBER: A-3
DATE: 02/25/20
Page 24 of 60
ITEM NUMBER: A-3
DATE: 02/25/20
Page 25 of 60
ITEM NUMBER: A-3
DATE: 02/25/20
Page 26 of 60
ITEM NUMBER: A-3
DATE: 02/25/20
Page 27 of 60
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ITEM NUMBER: A-3DATE: 02/25/20Page 31 of 60
ITEM NUMBER: A-4
DATE: 02/25/20
Atascadero City Council
Staff Report – City Manager’s Office
Amendment to 2019-2020 Salary Schedule
to include Office Assistant II Classification and Approval of Minor
Staffing Adjustment
RECOMMENDATIONS:
Council:
1. Effective July 1, 2019, amend the Salary Schedule for Fiscal Year 2019-2020 to
include the Office Assistant II position as follows:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Office Assistant II $3,145.85 $3,303.14 $3,468.30 $3,641.72 $3,823.81
2. Authorize City Manager to execute a Side Letter with the SEIU MOU adding Office
Assistant II at the salary range shown above.
3. Concur with Office Assistant staffing adjustment as recommended by the City
Manager.
DISCUSSION:
City staff continues to look for better and more efficient ways to deliver many and varied
City services in a cost-effective manner. At the core of this continual improvement are
the City employees who perform these services. The City is very fortunate to have
recruited and retained highly skilled and highly professional persons that keep the City
running, and organizing personnel for each department is an important component of
optimizing City services and functions.
In order to continue to retain and promote growth among current City Employees, the City
is proposing to add the position of Office Assistant II to the current Salary Schedule.
Currently, only the positions of Office Assistant I and Office Assistant III are listed in the
SEIU MOU as well as the City’s current Salary Schedule. Per the City’s Municipal code,
the City Council must concur with any staffing adjustment proposed by the City Manager.
The City currently has one authorized Office Assistant I position. In order retain and
attract the caliber of employee that the City depends on to provide quality services, a
reclassification of the Office Assistant I to an Office Assistant II is being considered.
Page 32 of 60
ITEM NUMBER: A-4
DATE: 02/25/20
Adding the Office Assistant II position would allow current employees to continue to grow
and take on added responsibilities.
FISCAL IMPACT:
The proposed changes will have a fiscal impact of approximately $4,200 annually.
ATTACHMENT:
Updated 2019-2020 Salary Schedule
Page 33 of 60
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Account Clerk I 3,069.13$ 3,222.59$ 3,383.72$ 3,552.91$ 3,730.56$
Account Clerk II 3,383.72$ 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$
Accounting Specialist- Confidential 4,772.76$ 5,011.40$ 5,261.97$ 5,525.07$ 5,801.32$
Administrative Assistant 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$
Administrative Assistant- Confidential 4,329.04$ 4,545.49$ 4,772.76$ 5,011.40$ 5,261.97$
Administrative Services Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
Administrative Support Assistant 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$ 4,318.59$
Assistant Planner 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$ 5,649.50$
Associate Civil Engineer/Storm Water Manager 6,395.94$ 6,715.74$ 7,051.53$ 7,404.11$ 7,774.32$
Associate Planner 5,380.48$ 5,649.50$ 5,931.98$ 6,228.58$ 6,540.01$
Building Inspector I 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$
Building Inspector II 4,880.26$ 5,124.27$ 5,380.48$ 5,649.50$ 5,931.98$
Building Maintenance Specialist 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$ 4,318.59$
Capital Projects Manager 5,525.06$ 5,801.31$ 6,091.38$ 6,395.95$ 6,715.75$
City Manager 12,757.43$ 13,395.30$ 14,065.07$ 14,768.32$ 15,506.74$
Code Enforcement Officer 4,401.15$ 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$
Community Development Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
Community Services Officer 3,448.42$ 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$
Deputy Administrative Services Director 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Deputy City Manager 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Deputy Community Development Director 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Deputy Community Development Director / Building
Official / Economic Development Director 9,124.23$ 9,580.44$ 10,059.46$ 10,562.43$ 11,090.55$
Deputy Public Works Director 7,689.59$ 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$
Finance Technician 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$
Finance Technician- Confidential 4,329.04$ 4,545.49$ 4,772.76$ 5,011.40$ 5,261.97$
Fire Battalion Chief 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Fire Captain 7,028.67$ 7,380.10$ 7,749.11$ 8,136.57$ 8,543.40$
Fire Captain/ Haz Mat Specialist 7,169.24$ 7,527.70$ 7,904.09$ 8,299.29$ 8,714.25$
Fire Captain/Paramedic 7,731.54$ 8,118.12$ 8,524.03$ 8,950.23$ 9,397.74$
Fire Captain/Paramedic/HazMat Specialist 7,872.11$ 8,265.72$ 8,679.01$ 9,112.96$ 9,568.61$
Fire Chief 11,079.30$ 11,633.27$ 12,214.93$ 12,825.68$ 13,466.96$
Fire Engineer 5,923.54$ 6,219.72$ 6,530.71$ 6,857.25$ 7,200.11$
Fire Engineer/ Haz Mat Specialist 6,042.01$ 6,344.11$ 6,661.32$ 6,994.39$ 7,344.11$
Fire Engineer/OIC 6,042.01$ 6,344.11$ 6,661.32$ 6,994.39$ 7,344.11$
Fire Engineer/OIC/Haz Mat Specialist 6,162.85$ 6,470.99$ 6,794.54$ 7,134.27$ 7,490.98$
Fire Engineer/OIC/Paramedic 6,646.21$ 6,978.52$ 7,327.45$ 7,693.82$ 8,078.51$
Fire Engineer/OIC/Paramedic/HazMat Specialist 6,767.05$ 7,105.40$ 7,460.67$ 7,833.70$ 8,225.39$
Fire Engineer/Paramedic 6,515.89$ 6,841.68$ 7,183.76$ 7,542.95$ 7,920.10$
Fire Engineer/Paramedic/HazMat Specialist 6,634.36$ 6,966.08$ 7,314.38$ 7,680.10$ 8,064.11$
Fire Marshal 7,028.67$ 7,380.10$ 7,749.11$ 8,136.57$ 8,543.40$
Fire Marshal / Haz Mat Specialist 7,169.24$ 7,527.70$ 7,904.09$ 8,299.29$ 8,714.25$
Firefighter 5,507.14$ 5,782.50$ 6,071.63$ 6,375.21$ 6,693.97$
Firefighter/FEO 5,617.28$ 5,898.14$ 6,193.05$ 6,502.70$ 6,827.84$
Firefighter/ Haz Mat Specialist 5,617.28$ 5,898.14$ 6,193.05$ 6,502.70$ 6,827.84$
Firefighter/FEO/Haz Mat Specialist 5,729.63$ 6,016.11$ 6,316.92$ 6,632.77$ 6,964.41$
Firefighter/FEO/Paramedic 6,179.01$ 6,487.96$ 6,812.36$ 7,152.98$ 7,510.63$
Firefighter/FEO/Paramedic/HazMat Specialist 6,291.36$ 6,605.93$ 6,936.23$ 7,283.04$ 7,647.19$
Firefighter/Paramedic 6,057.85$ 6,360.74$ 6,678.78$ 7,012.72$ 7,363.36$
MONTHLY SALARY
Effective July 1, 2019
ITEM NUMBER: A-4
DATE: 02/25/20
ATTACHMENT: 1
Page 34 of 60
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
MONTHLY SALARY
Effective July 1, 2019
Firefighter/Paramedic/HazMat Specialist 6,168.00$ 6,476.40$ 6,800.22$ 7,140.23$ 7,497.24$
Information Technology Director 6,883.64$ 7,227.82$ 7,589.21$ 7,968.67$ 8,367.10$
Inspector 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$
Lead Zookeeper 3,730.56$ 3,917.09$ 4,112.94$ 4,318.59$ 4,534.52$
Maintenance Worker I 3,145.85$ 3,303.14$ 3,468.30$ 3,641.72$ 3,823.81$
Maintenance Worker II 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$ 4,318.59$
Office Assistant I 2,922.98$ 3,069.13$ 3,222.59$ 3,383.72$ 3,552.91$
Office Assistant II 3,145.85$ 3,303.14$ 3,468.30$ 3,641.72$ 3,823.81$
Personnel Specialist- Confidential 4,772.76$ 5,011.40$ 5,261.97$ 5,525.07$ 5,801.32$
Police Chief 11,079.30$ 11,633.27$ 12,214.93$ 12,825.68$ 13,466.96$
Police Corporal 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$
Police Corporal - Intermediate POST 6,222.33$ 6,533.45$ 6,860.12$ 7,203.13$ 7,563.29$
Police Corporal- Advanced POST 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$ 7,747.74$
Police Lieutenant 8,074.07$ 8,477.77$ 8,901.66$ 9,346.74$ 9,814.08$
Police Officer 5,506.18$ 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$
Police Officer - Advanced POST 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$
Police Officer - Intermediate POST 5,643.83$ 5,926.02$ 6,222.32$ 6,533.44$ 6,860.11$
Police Level 3 Reserve Officer 5,506.18$ 5,781.49$ -$ -$ -$
Police Officer Recruit 4,293.79$ -$ -$ -$ -$
Police Records Technician 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$ 4,401.15$
Police Sergeant 6,893.73$ 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$
Police Sergeant - Advanced POST 7,066.07$ 7,419.37$ 7,790.34$ 8,179.86$ 8,588.85$
Police Sergeant - Supervisory POST 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$ 8,798.35$
Property Evidence Specialist 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$
Property Evidence Specialist - EMD 4,783.90$ 5,023.10$ 5,274.26$ 5,537.97$ 5,814.87$
Property Evidence Specialist - EMD with Longevity 5,020.60$ 5,271.63$ 5,535.21$ 5,811.97$ 6,102.57$
Property Evidence Specialist with Longevity 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$ 6,041.79$
Public Works Director 9,814.08$ 10,304.78$ 10,820.02$ 11,361.02$ 11,929.07$
Public Works Inspector 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$ 5,649.50$
Public Works Operations Manager 5,946.35$ 6,243.67$ 6,555.85$ 6,883.64$ 7,227.82$
Recreation Coordinator 4,015.00$ 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$
Recreation Supervisor 4,892.08$ 5,136.68$ 5,393.51$ 5,663.19$ 5,946.35$
Senior Building Maintenance Specialist 4,015.00$ 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$
Senior Maintenance Worker 4,015.00$ 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$
Senior Planner 5,931.98$ 6,228.58$ 6,540.01$ 6,867.01$ 7,210.36$
Senior Property Evidence Specialist 5,480.08$ 5,754.09$ 6,041.80$ 6,343.89$ 6,661.08$
Senior Property Evidence Specialist - EMD 5,530.08$ 5,806.59$ 6,096.92$ 6,401.77$ 6,721.86$
Senior Property Evidence Specialist - EMD with Longevity 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Senior Property Evidence Specialist with Longevity 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Senior Technical Support Specialist 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$ 5,649.50$
Support Services Lead Technician 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$
Support Services Lead Technician - EMD 4,671.21$ 4,904.77$ 5,150.01$ 5,407.51$ 5,677.89$
Support Services Lead Technician - EMD with Longevity 4,902.27$ 5,147.38$ 5,404.75$ 5,674.99$ 5,958.74$
Support Services Lead Technician with Longevity 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$ 5,897.96$
Support Services Supervisor 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Support Services Supervisor - EMD 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Support Services Supervisor - EMD with Longevity 6,091.79$ 6,396.38$ 6,716.20$ 7,052.01$ 7,404.61$
Support Services Supervisor with Longevity 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$ 7,343.83$
Support Services Technician 4,293.79$ 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$
ITEM NUMBER: A-4
DATE: 02/25/20
ATTACHMENT: 1
Office Assistant III $ 3,383.72 $ 3,552.91 $ 3,730.56 $ 3,917.09 $ 4,112.94
Page 35 of 60
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
MONTHLY SALARY
Effective July 1, 2019
Support Services Technician - EMD 4,343.79$ 4,560.98$ 4,789.03$ 5,028.48$ 5,279.90$
Support Services Technician - EMD with Longevity 4,558.48$ 4,786.40$ 5,025.72$ 5,277.01$ 5,540.86$
Support Services Technician with Longevity 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$
Systems Administrator III 5,931.98$ 6,228.58$ 6,540.01$ 6,867.01$ 7,210.36$
Technical Support Specialist II 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$
WWTP Operator I 3,823.81$ 4,015.00$ 4,215.75$ 4,426.54$ 4,647.87$
WWTP Operator II 4,215.75$ 4,426.54$ 4,647.87$ 4,880.26$ 5,124.27$
WWTP Operator III 4,647.87$ 4,880.26$ 5,124.27$ 5,380.48$ 5,649.50$
WWTP Operator in Training 3,383.72$ 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$
Zoo Director 6,808.64$ 7,149.07$ 7,506.52$ 7,881.85$ 8,275.94$
Zoo Education Curator 3,222.59$ 3,383.72$ 3,552.91$ 3,730.56$ 3,917.09$
Zookeeper I 3,145.85$ 3,303.14$ 3,468.30$ 3,641.72$ 3,823.81$
Zookeeper II 3,552.91$ 3,730.56$ 3,917.09$ 4,112.94$ 4,318.59$
ITEM NUMBER: A-4
DATE: 02/25/20
ATTACHMENT: 1
Page 36 of 60
ITEM NUMBER: C-1
DATE: 02/25/20
Atascadero City Council
Staff Report - City Attorney
Proposed First Amended Marketing Agreement
With Cliff Branch and James Smith for
Billboards and First Amendment to Ground Lease
RECOMMENDATION:
Council approve Proposed First Amended Marketing Agreement with Cliff Branch and
James Smith for Billboards and First Amendment to Ground Lease.
DISCUSSION:
Background
On August 12, 2003, the former Atascadero Community Redevelopment Agency
(“Agency”) entered into a Marketing Agreement with the Carlton LLC with regard to
three billboards (“Billboards”) at the following locations:
Billboard # 1 located at 2650 El Camino Real, Atascadero, CA (APN 049-201-014)
Billboard #2 located at 8981 La Lina Street, Atascadero, CA (APN 056 -051-029)
Billboard #3 located at 1516 El Camino Real Atascadero, CA (APN049-131-073)
The Billboards are approximately 14 feet high by 40 feet wide.
On May 12, 2009, the Atascadero Community Redevelopment Agency (“Agency”)
adopted Resolution No RA 2009-1 approving the transfer of the Marketing Agreement
from the Carlton Hotel Investments, LLC to Clifford Branch, Trustee of the Clifford
Branch Trust dated January 11, 2006 as to an undivided 50% (“Branch”) and James E
Smith, Trustee of the James E Smith Law Firm 401K Profit Sharing Plan as to an
undivided 50% (“Smith”).
On March 23, 2010, the Agency entered into a Marketing Agreement with Branch/Smith
which allowed the City to include a message on the side of five faces of the Billboards in
a space of 14 feet by 8 feet. This current Marketing Agreement has a term through
August 12, 2028 and an option for Branch/Smith to extend the term to August 12, 2038.
Proposed First Amended Marketing Agreement
Branch/Smith have proposed that the City consider an amendment to the existing
Marketing Agreement which would allow the City the right to use , instead of the 14 feet
by 8 foot portion of the 5 Billboard faces, the entire 14 foot by 40 foot southern face of
Page 37 of 60
ITEM NUMBER: C-1
DATE: 02/25/20
Billboard #2 which is located near Cubaril on the eastside of the 101 Freeway and
would be visible to traffic travelling northbound on the 101. The property address is
8981 La Lina Street and is owned by Donald D. Messer and Linda Tarbell Messer,
Trustees of the Messer Family Trust dated March 15, 2011 (“Messers”).
A copy of the proposed First Amended Marketing Agreement for Billboards with
Branch/Smith is included as Attachment 1. The First Amended Marketing Agreement
requires that Branch/Smith maintain the Billboards. The City will be responsible for
reimbursing Branch/Smith for the lease costs and maintenance of Billboard #2 in the
amount of $350 per month which will increase by $12 a month each year. Branch/Smith
will have the option extend the term of the proposed Marketing Agreemen t through
August 12, 2050.
The proposed First Amended Marketing Agreement includes several restrictions on
what Branch/Smith can allow for advertisers on the five faces of the Billboards which
includes the following in Section 6 “Restrictions on Advertising”:
A. Branch/Smith agree not to allow any advertising of:
1. Tobacco
2. Pornography
3. Profanity
4. All cannabis products
5. Any CBD advertising that identifies any address, telephone
number, logo or website where cannabis is sold
6. Vaping or other smoking devices and products
7. Massage Parlors
8. Adult entertainment, businesses, products, and/or services which
are “X” rated or the equivalent of an “X” rating.
B. Branch/Smith also agree not to advertise the following unless approved in
advance and in writing by the City Manager in his/her sole discretion:
1. Any other city or county, other than the City of Atascadero, except
that Branch/Smith may advertise businesses and their products,
services, or messages that may be located in or do business in other
cities or counties.
2. Any product or service which cannot be purchased by persons under
age 18 years, except those expressly allowed in Section 6 C of this
agreement below.
C. Branch/Smith may advertise the following local alcoholic beverages when the
alcoholic beverage is produced or the business is located in San Luis Obispo
County: wine, wine tasting rooms, vineyards, craft breweries, and craft beer.
Page 38 of 60
ITEM NUMBER: C-1
DATE: 02/25/20
Ground Lease
Branch/Smith currently have a Ground Lease with the Messers which allows Billboard
#2 to be placed on the Messer property. In order to allow for the City to have access to
Billboard #2, the Ground Lease needs to be amended to add the City as a party. A
proposed First Amendment to the Ground Lease is included as Attachment 2.
FISCAL IMPACT:
The fiscal impact will be approximately $4,200 a year in budgeted funds for lease and
maintenance costs for the City’s Billboard Face; and an estimated $1,000 for printing
and installation every time the City chooses to change its billboard.
ALTERNATIVES:
1. Council may choose to keep the current Marketing Agreement in effect.
2. Other action as directed by the Council.
ATTACHMENTS:
1. Proposed First Amended Marketing Agreement
2. Proposed First Amendment to the Ground Lease
Page 39 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
1
FIRST AMENDED MARKETING AGREEMENT BETWEEN THE CITY OF
ATASCADERO COMMUNITY REDEVELOPMENT AGENCY OF AND CLIFFORD
BRANCH, TRUSTEE OF THE CLIFFORD BRANCH TRUST DATED JANUARY 11,
2006 AS TO AN UNDIVIDED 50% AND JAMES E SMITH, TRUSTEE OF THE JAMES
E SMITH LAW FIRM 401K PROFIT SHARING PLAN AS TO AN UNDIVIDED 50%
This First Amended Marketing Agreement, ("Agreement") is made on March 23, 2010, by
and between the City of Atascadero Community Redevelopment Agency Agency")
(“City”) and Clifford Branch, Trustee of the Clifford Branch Trust dated January 11, 2006
as to an undivided 50% ("Branch") and James E Smith, Trustee of the James E Smith
Law Firm 401K Profit Sharing Plan as to an undivided 50% ("Smith") Branch and Smith
will be collectively referred to in this Agreement as "Branch/Smith" The AgencyCity and
Branch/Smith will be collectively referred to in this Agreement as the "Parties ." The
effective date of this Agreement will be the date the Agreement is signed by the City
(“Effective Date”).
Section 1.
A. Termination of Marketing Agreement of August 12, 2003
On May 12, 2009, the Atascadero Community Redevelopment Agency (“Agency”)
adopted Resolution No RA 2009-1 approving the transfer of a Marketing Agreement that
was entered into by the Agency with the Carlton LLC on August 12, 2003, a true copy of
said Resolution is attached as Exhibit 1 to this Agreement and hereby incorporated by
reference. The Marketing Agreement of August 12, 2003 is attached to the Resolution
as Exhibit A. The transfer approved by the Resolution was from the Carlton Hotel
Investments, LLC to Clifford Branch, Trustee of the Clifford Branch Trust dated January
11, 2006 as to an undivided 50% and James E Smith, Trustee of the James E Smith Law
Firm 401K Profit Sharing Plan as to an undivided 50 %. The transfer was approved by
Page 40 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
2
the Agency pursuant to Paragraph 4 of the Agreement. The Parties hereby agreeThe
Agency and Branch/Smith agreed to terminate the Marketing Agreement of August 12,
2003 which termination shall become became effective upon the execution of thisthe
March 23, 2010 Agreement by all partiesthe Agency and Branch/Smith. The Agency has
been dissolved pursuant to the requirements of state law and the City is the Successor
Agency to the Agency.
B. Marketing Agreement of March 23, 2010 Superseded. This Agreement shall
supersede the March 23, 2010 Agreement between the Agency and Branch/Smith.
Section 1.Section 2. Billboards
Pursuant to the terms of the Marketing Agreement of August 12, 2003, Carlton Hotel
Investments, LLC obtained sites, all entitlements including but not limited to State and
local permits, and provided for the construction, maintenance and ownership and/or
leasehold of three highway-advertising billboards designated as Billboards 1, 2 and 3.
Each billboard has two faces, a northbound face and southbound face. Each billboard
face is a maximum of fourteen (14) feet in height, forty (40) feet in width and the structure
is a maximum of thirty-five (35) feet in height and these dimension restrictions shall also
apply to this Agreement. The three Billboards are described as follows:
A. Billboard # 1 was constructed on property located at 2650 El Camino Real,
Atascadero, CA (APN 049-201-014).
B. Billboard #2 was constructed along State Highway 10 1101 in the southerly
portion of the City on property located at 8981 La Lina Street, Atascadero, CA
(APN 056-051-029).
Page 41 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
3
C. Billboard #3 was constructed along State Highway 101 in the northern
portion of the City on property located at 1516 El Camino Real Atascadero, CA (APN049 -
131-073).
Section 2.Section 3. Term of Agreement
A. Initial Term. and First Option Term.
The initial term of this the March 23, 2010 Agreement shall bewas originally for a
period of March 23, 2010 to August 12, 2018 (, and Tenant exercised Tenant’s option to
extend the Initial Term to terminate on August 12, 2028 (collectively, the "Initial Term").
B. Options to Extend Initial Term.
Branch/Smith shall have the option to extend in writing the Initial Term for two (2)as
follows: (i) one successive termsterm of ten (10) years eachcommencing on August 13,
2028, and terminating on August 12, 2038; and (ii) one successive term of twelve (12)
years commencing on August 13, 2038, and terminating on August 12, 2050. Any option
to extend must be exercised prior to the expiration of an extended term .
C. Termination of Agreement.
This Agreement may be terminated for the following reasons :
1. Upon loss of State entitlements for any Billboards. If Branch/Smith
lose State entitlements for any of the billboards, then this Agreement shall terminate as
to each Billboard for which State entitlement is lost.
2. Upon written agreement by the Parties.
3. Upon order or judgment of a court of competent jurisdiction.
Page 42 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
4
Section 3.Section 4. Status of Billboards Upon Expiration of Term of Agreement or Upon
Termination of Agreement.
A. Upon the expiration or termination of this Agreement, Branch/Smith, at their
sole expense, shall remove the Billboards, including the Billboard faces and any
supporting structures, lighting and other improvements, in their entirety, no later than
90120 days following said expiration or termination. Notwithstanding the above, the
below ground structure of the Billboards shall be removed entirely down to a level of three
feet below the existing grade, and then the remaining hole shall be filled and re -
compacted with the same material that exists above grade.
B. The Parties, at their sole discretion, may enter into a new Marketing
Agreement upon the expiration or termination of this Agreement provided that the Parties
are able to agree upon the terms of a new Agreement. Nothing in this Agreement requires
any of the Parties to enter into a new Agreement upon the expiration or termina tion of this
Agreement.
Section 4.Section 5. Maintenance of Billboard Faces and Structure
The Billboard Faces and Structure, including both sides of all three Billboards, shall
be maintained at all times in good condition, reasonable wear and tear excepted, by
Branch/Smith at their sole expense. Notwithstanding the foregoing, the parties agree that
the vinyl advertising display on the City’s Billboard Face shall be the City’s sole cost and
expense to maintain at all times in good condition, reasonable wear and tear excepted.
Page 43 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
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Section 5.Section 6. Restrictions on Advertising
A. Branch/Smith agree not to allow any advertising of :
1. Tobacco,
2. Pornography,
3. Profanity, and Alcoholic Beverages (except Wine, Winery Tasting Rooms
or Vineyards) on
4. All cannabis products
5. Any CBD advertising that identifies any sign face address, telephone
number, logo or website where cannabis is sold
6. Vaping or other smoking devices and products
7. Massage Parlors
8. Adult entertainment, businesses, products, and/or services which are “X”
rated or the equivalent of an “X” rating.
B. Branch/Smith also agree not to advertise anythe following unless approved
in advance and in writing by the City Manager in his/her sole discretion:
1. Any other city or county, other thatthan the City of Atascadero,
without the prior written approval of the Agency except except that Branch/Smith may
advertise businesses and their products, services, or messages that may be located in or
do business in other cities or counties.
A. Agency agrees not to sell any advertising space on any of the billboards
without the prior written approval of Branch/Smith.
Page 44 of 60
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/25/20
1
6
2. Any product or service which cannot be purchased by persons under
age 18 years, except those expressly allowed in Section 6C of this agreement below.
C. Branch/Smith may advertise the following local alcoholic beverages when
the alcoholic beverage is produced or the business is located in San Luis Obispo
County: wine, wine tasting rooms, vineyards, craft breweries, and craft beer.
Section 6.Section 7. Lighting of Billboards
A. Any illumination of signs on the Billboards shall be installed under the sign,
diverted upward and shall be confined to the billboard face and shall not cause any glare
to vehicular traffic or other properties. All costs of illumination shall be paid by
Branch/Smith Illumination systems shall be kept in good working order at least for dusk-
to-midnight illumination. However, Branch/Smith may, at their sole discretion, illuminate
the signs on the Billboards after midnight.
B. Unless agreed to in advance and in writing by the City Manager at his/her
sole discretion, Branch/Smith at their sole cost and expense, subject to Section 11.D., shall
illuminate the City Billboard Face (defined in Section 11. D below) at the same hours and
times as the reverse face of the City Billboard Face covered under this agreement. At a
minimum, the City Billboard Face shall be illuminated from dusk until midnight.
Section 7.Section 8. Leases with Landowners
Branch/Smith agree that the leases with the Landowners where the Billboards are
located shall include the terms of this Section.
A. No Obstructions to View of Billboards.
The Landowners shall not allow any obstructions to exist which hinder the full view
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of the Billboards from both the northbound and southbound lanes of Highway 101
including, but not limited to, any trees, vegetation, structures or any other obstructions.
B. Access.
The Landowners shall allow Branch/Smith access to each Billboard as necessary for•:
(1) the repair and maintenance of the billboards, (2) to trim any existing trees or other
vegetation that may block the view of the billboards from any lane of Highway 101, and (3)
Access to Branch/Smith and the AgencyCity for the installation of billboard advertising
materials.
Section 8.Section 9. Assignment or Transfer
A. Except as set forth below, Branch/Smith shall not assign or transfer any
interest in this Agreement, whether by assignment or otherwise, to any person without
the prior express written consent of AgencyCity, which consent shall not be unreasonably
withheld, conditioned or delayed.
B. Notwithstanding anything in this Section 9 to the contrary, the parties agree
that City consent is not required for the following:
1. Branch shall have the right to assign, gift, bequeath, devise, and/or
otherwise transfer the Branch interest to any of the following persons or entities: (i) Smith;
(ii) James E. Smith and/or Beverly Elder Smith or their family trust for estate planning
purposes; (iii) Clifford Branch’s spouse; (iv) Tyler Jenkins or his issue; or (v) any entity
owned by Clifford Branch and any combination of any of the foregoing persons; and
2. Smith shall have the right to assign, gift, bequeath, devise, and/or
otherwise transfer the Smith interest to any of the following persons or entities: (i) Branch;
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(ii Clifford Branch and/or Lynette Branch and/or their issue or their family trust for estate
planning purposes; (iii) James E. Smith or Beverly Elder Smith and/or their issue; or (iv)
any entity owned by James E. Smith and/or Beverly Elder Smith any combination of any
of the foregoing persons.
C. If Branch/Smith wish to assign or transfer any interest in this Agreement
then Branch/Smith agree to obtain the notarized written approval by the assignee or
transferee agreeing to comply with the terms of this Agreement prior to the assignment
or transfer and provide the City Manager with a copy of that written approval. If
Branch/Smith assign or transfer any interest in this Agreement with out complying with this
Section 9, then this Agreement shall automatically terminate unless Branch/Smith cure
this breach within 90 days after written notice from City.
D. If City wishes to assign their interest in the City Billboard Face to any person
or entity, the City agrees to obtain the notarized written approval by assignee or transferee
agreeing to comply with the terms of this Agreement prior to assignment or transfer and
provide Branch/Smith with a copy of that written approval.
Section 9.Section 10. Indemnification
A. Branch/Smith shall indemnify, defend, and hold harmless the AgencyCity,
its officers, officials, agents and employees from and against any and all claims,
damages, liability costs, losses, and expenses including, without limitation, to court costs
and reasonable attorney's fees arising out of or in connection with the negligent
performance of work hereunder or its negligent failure to comply with any of its obligations
contained in this Agreement by Branch/Smith, or their employees, agents, contractors or
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representatives, except for any loss or damage which was caused by the negligence or
willful misconduct of the AgencyCity.
B. The AgencyCity shall indemnify, defend, and hold harmless the
Smith/Branch, its officers, officials, agents and employees , permitted assignees and
transferees, and the Landowners, from and against any and all claims, damages, liability
costs, losses, and expenses including, without limitation, to court costs and reasonable
attorney's fees arising out of or in connection with the negligent performance of work
hereunder or its negligent failure to comply with any of its obligations contained in this
Agreement by the AgencyCity, or its employees, agents, contractors or representatives,
except for any loss or damage which was caused by the negligence or willful misconduct
of the Smith/Branch.
Section 10.Section 11. Space for AgencyCity on Billboards
Branch/Smith agree thatto allow the Agency shall have the exclusive useCity to
place, at the City’s sole cost and expense, advertising or messages on Billboard #2 on
the side of a portion of the six existing billboard faces at the three existing locations, at all
times during the course of the Agreement, and at no cost to the Agency, except as
provided by this Agreement, which portion shall consist of an area 14' highis 14 feet by
40 feet and 8' wide on these six faces of the Billboards, under the following termsis facing
south and conditions.
A. Branch/Smith shall pay for the cost for printing the vinyl art work and for
installing the vinyl on the Billboard face, so long as the Agency provides the suitable
electronic artwork 45 days in advance to Branch/Smith and so long as Branch/Smith can
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install the City's artwork simultaneously with the change of the existing artwork is visible
to vehicles travelling northbound on the adjoining 14' X 32' space The City shall have the
right to independently change the messages within the 14' X8' area at anytime at its own
expense, so long as it does not harm any message in the larger area In no event shall
Branch/Smith be responsible for the cost of the creation of Agency art, or the accuracy of
the message contained in the Agency art or message Branch/Smith agree to provide the
Agency with at least 90 days written notice of any proposed change out of any messages
A sample billboard depicting the appearance of the 14' X 8' area, for illustration purposes
only and not restricting the content of the message, is shown in the simulated photograph
attached hereto as Exhibit 2.101 Freeway (hereafter “City Billboard Face”).
B. The AgencyCity shall have complete editorial and artistic control over any
message placed inon the 14' X 8' area,City Billboard Face without approval from
Branch/Smith, so long as the Agency message is limited to text copy, maps, drawings,
City Logo, icons, artwork, images, and/or renderings..
C. The AgencyCity shall have to right to lease City Billboard Face to other
parties without the approval of Branch/Smith.
D. The City may includeretain a company or companies of its sole choice and
cost for the purpose of designing and installing the advertising or messages without the
approval of Branch/Smith for the City Billboard Face. The City’s contractors that go upon
and access the property where the City Billboard Face is located to place billboard
advertising shall at all times be licensed, bonded and carry liability and property
insurance. Such insurance shall be in the 14' X 8' areas photographs, hot/glow or
fluorescent colors onlyamount of not less than $1,000,000 and name both Branch/Smith
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and the ground lessor as additional named insureds. City shall provide Branch/Smith and
the ground lessor with the prior written approval proof of such insurance.
E. The City may place a “Pop Up” message to go above the full size of the City
Billboard Face, 14’ x 40’. The City will have the opportunity to do so without approval
from Branch/Smith. The additional “Pop Up” message must comply at all times with all
local, state and federal laws, ordinances, regulations, and other requirements .
F. The City agrees to pay Smith/Branch for 50% of the expenses for Billboard
#2 for lighting costs, ground lease rent, maintenance and repair costs, property taxes,
liability and property insurance, and Caltrans fees (“Expenses”) up to a maximum of $350
per month for these Expenses. Each year the Expenses cap of $350 per month shall be
increased by Branch/Smith.$12 per month.
C. Any and all messages placed on the billboards by the Agency shall b e
contained within the boundaries of the 14' X 8' space.
D. The Agency must use this space exclusively to promote the Agency, the
City of Atascadero and downtown Atascadero.
G. Upon the Effective Date of this Agreement, the City will no longer share the
14 feet by 8 feet space on the side of the 5 faces of the billboards, but instead will have
100% of the creative space on the City Billboard Face which will be 14 feet high by 40
feet wide.
H. If, at any time, the City Billboard Face is not available due to Branch/Smith
default of the ground lease where the Billboard Face is located or Branch/Smith’s failure
or refusal to renew, maintain or otherwise have a current California Department of
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Transportation permit to operate the billboard where the City Billboard Face is located or
Branch/Smith are in default of this Agreement resulting in the City Billboard Face not
being available to the City, then Branch/Smith agree that the City will have the right to
advertise on the north facing side of Billboard #3 pursuant to all of the terms and
conditions of this Agreement, including but not limited to the same extent and at the same
cost as provided by the Agreement. Branch/Smith further agree that if, at any time, City
Billboard Face and the north facing side of Billboard #3 are both not available due to the
reasons set forth in this Section 11.H above, then Branch/Smith agree that the City will
have the right to advertise on the north facing side of Billboard #1 pursuant to all of the
terms and conditions of this Agreement, including but not limited to the same extent and
at the same cost as provided by the Agreement.
Section 11.Section 12. Advertisements by Entities with Multiple Locations.
Branch/Smith agree that advertisements by entities with multiple locations shall
include the following information if the entity has a business located in Atascadero .
A. Instructions to take the proper exit off the 101 freeway to access the
business in Atascadero, or
B. The Street location or other information about "business location" in
Atascadero.
Section 12.Section 13. Atascadero Businesses
A. Carlton Hotel During the term of this Agreement, The Carlton Hotel shall
have the first right of refusal to rent any of the sixfive Branch/Smith billboard faces
described in this Agreement. and excluding the City Billboard Face. Furthermore, The
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Carlton shall have thethis right to lease any of the five Branch/Smith billboard facefaces
at the Rate Card price, less 20%, so long as the Carlton Hotel gives Branch/Smith written
notice 90 (ninety) days prior to the expiration of any existing contract with any existing
advertiser. The termination dates of all existing contracts on the billboards shall be
available during normal business hours.
B. Other Atascadero Hotels and Businesses. During the term of this
Agreement, and providing that the Carlton Hotel has not exercised its First Right of
Refusal in the above paragraph, then any other Atascadero Hotel, Motel and/or B&B
(herein "Hotel") will have first right of refusal to lease any of the sixfive Branch/Smith
billboard faces, and excluding the City Billboard Face, at the Rate Card price, less 20%,
so long as they give Branch/Smith written notice 90 (ninety) days prior to the expiration
of any existing contract with an existing advertiser. In the event that neither the Carlton
or any other Hotel wants any billboard face, then all other Atascadero Businesses (as
defined below) shall have the first right of refusal to lease any of the sixfive billboard faces,
and excluding the City Billboard Face, at the Rate Card price, less 20%, so long as they
give Branch/Smith notice 90 (ninety) days prior to the expiration of any existing contract.
"Local “Atascadero Businesses" shall be defined as any business with an Atascadero
Addressphysical address and an Atascadero Business License. The termination dates of
existing contracts on all Billboards shall be available during normal business hours .
C. Published Rate Card. At least once per year, Branch/Smith shall publish a
rate card, in writing, listing all the costs and details for purchasing billboard space on any
of the sixfive billboards in the Agreement (herein "Rate Card") The"), and excluding the
City Billboard Face. Additionally, a copy of the Rate Card shall be provided to the City
prior to the execution of this Agreement and available during normal business hours by
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contacting Branch/Smith by phone or in writing. At the Agency'sCity’s Option,
Branch/Smith shall distribute the Rate Card, at least once per year, by mailing the Rate
Card along with the information contained in the Agreement (pursuant to the first right of
refusal and discount information) to every business with a City of Atascadero physical
address. The AgencyCity shall notify Branch/Smith in writing to exercise this option and
shall provide the mailing labels for every business with an Atascadero physical address
at no cost. Branch/Smith shall be able to list their phone number on all Billboards , except
for the City Billboard Face, for obtaining the Rate Card information.
Section 13.Section 14. Right to Advertise
Branch/Smith shall have the right to work directly with all prospective adve rtisers,
or at Branch/Smith's sole option, with the advertiser's agency or agent, and shall have the
right to accept advertising from non-Atascadero advertisers on all sixthe five
Branch/Smith Billboard faces, and excluding the City Billboard Face, subject to the terms
and conditions of this Agreement.
Section 14.Section 15. Notices.
A. All written notices required or permitted to be given under this Agreement
will be deemed made when received by the other party at its respective address as
follows:
To Agency City City of Atascadero Community Redevelopment
Agency
6907 El Camino Real
Atascadero, California 93422
Attention Executive Director
Telephone No 805-470-3400
Fax No 6500 Palma Ave
805-461-7612
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Copy To: Agency Counsel
Atascadero Community Redevelopment Agency
6907 El Camino Real
Atascadero, California 93422
City Manager
Email: ______________________________
Telephone No.: 805-470-3400
Fax No.: 805-461-7612
To Branch/Smith Cliff Branch
755 Santa Rosa Street, Suite 310
San Luis Obispo, CA 93401
Email: cliff@cliff-branch.com
Telephone No .: 805-544-3030
Fax No. .: 805-544-1840
B. Notice will be deemed effective on the date personally delivered or
transmitted by facsimile or email. If the notice is mailed, notice will be deemed given
three days after deposit of the same in the custody of the United States Postal Service,
postage prepaid, for first class delivery, or upon delivery if using a major courier service
with tracking capabilities.
C. Any party may change its notice information by giving notice to the other
party in compliance with this sectionSection.
Section 15.Section 16. General Provisions
A. Authority to Execute. Each party represents and warrants that all
necessary action has been taken by such party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations hereunder.
B. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, transferees, successors and assigns of the Parties If Agency is not in
existence at the time of the expiration or termination of this Agreement, then the City of
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Atascadero is hereby designated as the successor to the Agency for purposes of th is
Agreement unless the Agency gives notice to Branch/Smith of a different successor..
C. Entire Agreement. This Agreement, including the attached Exhibit 1, is the
entire, complete, final and exclusive expression of the Parties with respect to the matters
addressed in this Agreement and supersedes all other agreements or understandings,
whether oral or written, between Parties prior to the execution of this Agreement.
D. Modification of Agreement. No amendment to or modification of this
Agreement will be valid unless made in a writing executed by the Parties The parties
agree that this requirement for written modifications cannot be waived and that any
attempted waiver will be void.
E. FacsimileSignatures. Signatures Amendments to this Agreement will be
considered executed when the signature of a party is delivered by facsimileemail
transmission. Such facsimileemail transmission of signature will have the same effect
as an original signature.
F. Waiver. Waiver by any party to this Agreement of any term, condition, or
covenant of this Agreement will not constitute a waiver of any other term, condition, or
covenant. Waiver by any party of any breach of the provisions of this Agreement will not
constitute a waiver of any other provision, or a waiver of any subsequent breach or
violation of any provision of this Agreement.
G. Interpretation. This Agreement will be interpreted, construed and governed
according to the laws of the State of California Each party has had the opportunity to
review this Agreement with legal counsel The Agreement will be construed simply, as a
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whole, and in accordance with its fair meaning It will not be interpreted strictly for or
against either party.
H. Severability. If any term, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without th e invalid, void or unenforceable provision.
I. Venue. In the event of litigation between the parties, venue will be in the
San Luis Obispo County Superior Court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
effective as of March 23, 2010 ..
CITY OF ATASCADERO COMMUNITY REDEVELOPMENT AGENCY
By:
Wade McKinney, Executive Director
Rachelle Rickard, City Manager
Date: _________________________
APPROVED AS TO FORM
Brian A. Pierik, Agency Counsel City Attorney
Clifford Branch, Trustee of the
Clifford Branch Trust dated January 11, 2006
as to an undivided 50%
James E Smith, Trustee of the
James E Smith Law Firm 401K Profit Sharing Plan
as to an undivided 50%
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FIRST AMENDMENT TO GROUND LEASE
This First Amendment to Ground Lease (“Amendment”) is entered into as of February
____, 2020, by between the Donald D. Messer and Linda Tarbell Messer, Trustees of the Messer
Family Trust dated March 15, 2011 (“Landlord”) and James E. Smith, Trustee of the James E.
Smith Law Firm 401k Profit Sharing Plan (“Smith”) and Clifford Branch, Trustee of the Clifford
Branch Trust dated January 11, 2006 (“Branch”). Smith and Branch are collectively referred to
as “Tenant”.
A. On or about 2010, Tenant and Donald D. Messer and Linda Tarbell Messer
(collectively, “Messer”), Paul E. White and Susan J. White, Trustees (or Successor Trustee) of
the White Family Trust dated October 4, 1989 (“White”), and Unlimited Investments, a
California general partnership (“Unlimited”) entered into that certain Ground Lease (“Lease”)
for the Property described in the Lease. Terms not defined in this Amendment shall have the
meanings ascribed to them in the Lease.
B. Pursuant to the terms and conditions of the Lease, Tenant leases the Property to operate
the Billboards located on the Property.
C. On or about May 12, 2017, Tenant gave Messer, White, and Unlimited written notice of
exercise of Tenant’s first of two options to extend the initial term through August 12, 2028, and
Tenant still has one additional option to extend the Lease for an additional term of ten (10) years
through August 12, 2038, pursuant to the terms and conditions of the Lease.
D. Landlord acquired all of the interest in the Property of Messer, White and Unlimited
and is the “Landlord” under the Lease.
E. Tenant is negotiating with the City of Atascadero (the “City”) a First Amendment to
Marketing Agreement to amend the Marketing Agreement entered into with the Atascadero
Community Redevelopment Agency (“Agency”) on or about May 12, 2009, and subsequently
assigned by the Agency to the City, so that Tenant has the ability to exercise options to continue
operating the Billboards for an additional twelve (12) year term, for good and valuable
consideration, including but not limited to restricting Tenant from advertising tobacco,
pornography, profanity, cannabis, and vaping.
F. Pursuant to the terms and conditions of this Amendment, the parties desire to enter into
this Amendment to provide Tenant with an additional option to extend the Lease for an
additional twelve (12) year term so that if all options are exercised by Tenant, the Lease shall
terminate on August 12, 2050.
NOW THEREFORE, for good and valuable consideration received, Assignor and Assignee
agree as follows:
1. Incorporation of Recitals. The above recitals are incorporated into and made a
part of this Amendment.
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2. Term. Section 2 of the Lease is amended to provide that Tenant shall have two
(2) options to extend the Lease as follows: (i) the existing option to extend the Lease for a ten
(10) year period through August 12, 2038; and (ii) an additional option to extend the Lease for a
twelve (12) year term through August 12, 2050, so that both of these option terms of the Lease
are for the same length of time as Tenant’s options under the Marketing Agreement.
3. First Amendment to Marketing Agreement. Upon the Tenant’s execution of the
First Amendment to the Marketing Agreement with the City, the First Amendment to Marketing
Agreement will be attached to and made a part of this Amendment as Exhibit “A” and will
amend the Exhibit “A” attached to the Lease.
4. City of Atascadero Access to Property to Place Advertising on the City Billboard
Face. Pursuant to the Frist Amendment to Marketing Agreement, City shall have the right to
access the Property where the billboard is located for the purpose of placing, replacing, and
installing advertising on the City Billboard Face described in the First Amendment to Marketing
Agreement.
5. Ratification of Lease. Except as specifically set forth herein, the Lease is hereby
ratified and affirmed and remains in full force and effect.
6. Conflict. This Amendment amends and supplements the Lease. Wherever the
terms and conditions of this Amendment and the terms and conditions of the Lease conflict, the
terms of this Amendment shall be deemed to supersede the conflicting terms of the Lease.
7. Headings. The headings of the sections of this Amendment are inserted solely for
convenience of reference, and in no way define, describe, limit, extend or aid in the construction
of the scope, extent or intent of this Amendment or of any term or provision hereof.
8. Counterparts. This Amendment may be executed in several counterparts, each of
which shall be deemed to be an original.
9. Severability. In the event one or more of the provisions in this Amendment shall
for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect the other provisions of the Amendment which other
provisions shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the
date first above written.
TENANT: LANDLORD
James E. Smith, Trustee of the James E. Smith Donald D. Messer, T’ee of the Messer
Law Firm 401k Profit Sharing Plan Family Trust dated March 15, 2011
Clifford Branch, Trustee of the Clifford Branch Linda Tarbell Messer, T’ee of the Messer
Trust dated January 11, 2006 Family Trust dated March 15, 2011
CONSENT:
The undersigned consents to all of the terms and conditions of the Ground Lease and the above
First Amendment to Ground Lease.
City of Atascadero
By: _______________________________
Rachelle Rickard, City Manager
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Initials: _____ / _____
Exhibit “A”
First Amendment to Marketing Agreement
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