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HomeMy WebLinkAboutAgenda Packet 08/11/1992 F'ELIC JUIEWELI 0 e A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500PADA AVENUE', 4TH FLOOR ROTUNDA ROOM AUGUST 11, 1992 7:00 P.M. This agenda is prepared and pasted pursuant to the requirements of'Governme it Code Section 54954.2. By listing a topic on this agenda, the City Councit has expressei its intent to discuss and act on each item. In addition to any action identified in thi brief general description of each item, the action that may be taken shatt include: 'A referr, t to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the 'item; discontinuance of consideration; authorizatio I to'enter into negotiations and execute agreements pertaining to the item; adoption or approval, and, disapproval. Copies of the staff reports or other documentation relating to each item of bu iness referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information Office (Room 103), available for public inspection during City Hatt business h urs. The City Clerk will answer any questions;regarding the agenda. 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 c ntact the City Manager's Office (`(805)461 5010) or the City Clerk's Office ((805) 461-50741Notification at least 48 hours prior to the meeting or time when services are needed will kssist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATIONa * Members of the audience may speak on any item :)n ,the agenda. * A ,person may speak for five (5) Minutes. * No one may speak for a second time until every ne wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. Council Members may question any speaker;' the 3peaker 'may respond but, after the allotted time has expir d, may not initiate further discussion. * The floor will then be closed to public partic'pation and open for Council discussion.' Call to .Order Pledge of Allegiance Roll Call City Council Comments: • Proclamation: "Homeless Animals' Day", A gust 22, 1992 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is pro- vided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. No person shall be, permitted to make slanderous, profane or personal remarks against any elected official, commissions.and; staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.-) : 1. S.L.O. Council of Governments 2 S.L.O. Regional Transit Authority 3.- Solid/Hazardous Waste Task Force 4 City/School Committee 5. Traffic Committee 6 County Water Advisory Board 7. Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Homeless Coalition B. CONSENT CALENDARS All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the farm listed below. There will be no separate discussion on, these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - JULY 14, 1992 2. RESOLUTION NO. 76-92 - AMENDING EXHIBIT "B" OF THE ANNUAL PO- SITION AUTHORIZATION AND SALARY SCHEDULE RESOLUTION C. OWINGS; 1. C.U.P. 92-007, 7025 EL CAMINO REAL - APPEAL OF PLANNING COM MISSION'S APPROVAL OF WALL SIGNS FOR BLOCKBUSTER VIDEO (Tait) 2 D. REGULAR BUSINESS: 1. CITY PURCHASING PROCEDURES A. Ordinance No. 253 - Amending Title 2, Chapter 3 of the Atascadero Municipal Code as it relates to the City's purchasing system (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to approve on first reading by title only) B. Resolution No. 69-92 - Adopting City-wide procurement procedures 2. RESOLUTION NO. 75-92 - RENEWING THE AGREEMENT BETWEEN THE CITY AND CHAMBER OF COMMERCE FOR COMMUNITY PROMOTION SERVICES 3. ATASCADERO TENNIS CLUB REQUEST FOR FINANCIAL ASSISTANCE E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council: Appoint Councilperson Borgeson to the Solid- Hazardous Waste Task Force (Mayor Nimmo) 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager * NOTICE: THE COUNCIL WILL ADJOURN TO 4:OO P.M. , AUGUST 20, 1992, 4TH FLOOR CLUB ROOM, FOR THE PURPOSE OF CONDUCTING INTER- VIEWS OF APPLICANTS TO THE CITY PLANNING COMMISSION. 3 P R O C L A M A T I O N "HOMELESS ANIMALS' DAY" August 22, 1992 WHEREAS, Each year in public and private animal shelters across the United States some ten to seventeen million dogs and cats are killed; and WHEREAS, The only reason these animals' lives are taken is that there are too few responsible people to adopt them; and WHEREAS, The animal shelter personnel, or the "dark angels", who perform the mass killing of dogs and cats know this crisis can readily be solved by preventing the births of these millions of homeless animals by spaying and neutering; and WHEREAS, The "killing solution" to the dog and cat overpopula- tion is one with which we regrettably live; and WHEREAS, Dogs and cats are dependent upon humans for respon- sible and humane care; THEREFORE, The Council of the City of Atascadero does hereby proclaim August 22, 1992 to be "Homeless Animals ' Day and further urges citizens who accept the responsibility for the care of dogs and cats to also accept the responsibility for having them spayed or neutered to stop the continuous killing of animals born to be homeless. ROBERT P. NIMMO, Mayor City of Atascadero,, CA August 11, 1992 Agenda Item: B-1 • Meeting Daae: 8/11/92 ATASCADERO CITY COUNCIL JULY 14, 1992 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Borgeson, Bewley, ', Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Andy Takata, Director of Community Services; and Lt. John Barlow, Police Department COUNCIL COMMENTS: Councilwoman Borgeson provided a brief report on her attendance at a conference held on June 24, 1992 for the purpose of learning about new mandates set forth as a result of the adoption of the Americans with Disabilities Act (ADA) . Mayor Nimmo announced that the City, Steve Nukes ,& Associates, Crawford, Multari & Starr, and Professor Steve .French had been presented with an Award of Merit by the Central coast Section of the American Planning Association for "Outstanding Planning: Innovative Use of Technology" for the City' s Fiscal Impact Model project. COMMUNITY FORUM: Roger Cook, 10600 Colorado Road, encouraged Council to approve a trash pick-up rate structure which would include the choice of purchasing plastic bags for disposal; similar to Anes presently • CC07/14/92 Page 1 used in the City of San Luis Obispo. COMMITTEE REPORTS. The following represent ad hoc or standing committees. Informative status reports were given, as follows: 1. City/School Committee - The City Manager announced that the next meeting would be July 17, 1992. (Clerk' s Note: This meeting was later cancelled) . 2. Procurement Committee - The mayor mentioned that the next meeting would be July 16, 1992 at 2:00 p.m. (Clerk's Note: This meeting date was later changed to July 17th at 4:00 p.m. ) 3. Homeless Coalition - Mr. Windsor reported that the coalition had met on Friday, July 10th and would soon be bringing recommendations to the Council. COMMITTEE ASSIGNMENTS: Mayor Nimmo made the following appointments: Committee/Agency Appointees) Alternate City-School Committee Bonita Borgeson Bob Nimmo Traffic Committee Dave Bewley S.L.O. Council of Bob Nimmo* Dave Bewley Governments (SLOCOG) S.L.O. Regional Transit Bob Nimmo George Luna Authority (SLORTA) Solid/Hazardous Waste Task Bob Nimmo* Greg Luke Liability Claims Review Bob Nimmo* Marty Kudlac and Finance Committee Colony Roads Committee George Luna Marty Kudlac Economic Round Table Bob Nimmo N/A County Water Advisory Board Bonita Borgeson Greg Luke Councilwoman Borgeson mentioned she would make formal resignation from SLOCOG and asked to continue serving on the Homeless CCO7/14/92 Page 2 Coalition. Mayor Nimmo officially appointed Councilwoman Borg eson to the Homeless Coalition. The City Manager reported that Economic Round Table member John Cotsenmoyer of Bank of America had resigned and suggested that Mike Meranda of Wells Fargo Bank be appointed as his replacement. In addition, Mr. Windsor proposed that Bob Lilley, former mayor and councilmember representative to the round table, be appointed to continuing serving as a member-at-large. MOTION: By Councilman Luna, seconded by Councilman Kudlac to appoint Mike Meranda and Bob Lilley to the Economic Round Table; motion unanimously passed. Mr. Windsor also pointed out that North County representation on the Economic Opportunity Commission would now go to the City of Paso Robles. B. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. TENTATIVE PARCEL MAP 29-89, 5100 CASCABEL ROAD - Consideration of time extension on request to create two new parcels of 2. 6 and 3.2 acres (Safarjan/Volbrecht Surveys) 2. RESOLUTION NO. 62-92 - RATIFYING THE JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR FY 1992/93 • (Cont'd from 6/23/92) 3. 1992/93 BUDGET: A. Resolution No. 67-92 Adopting FY 1992/93 Budget B. Resolution No. 65-92 - Adopting FY 1992/93 Annual Spending Limit C. Resolution No. 66-92 - Adopting a voluntary work furlough policy D. Motion reaffirming the City's current developer impact fees 4. RESOLUTION NO. 64-92 - APPOINTING FIVE MEMBERS TO THE CITY'S PARKS & RECREATION COMMISSION 5. AWARD OF BID NO. 92-06 FOR DOWNTOWN ROADAND DRAINAGE IMPROVEMENTS AND OTHER MINOR ROAD IMPROVEMENTS' Councilwoman Borgeson pulled Item #B-4 and asked that this matter trail Item #D-6 (Ordinance No. 252 enlarging membership to the Parks & Recreation Commission) . By consensus, this matter was moved, as requested. See page 12) . CC07/14/92 Page 3 MOTION: By Councilman Luna, seconded by Councilman Kudlac to approve Consent Calendar Items #B-1, 2, 3, and 5; motion passed 5: 0 by roll call vote. C. HEARINGS: 1. TENTATIVE TRACT MAP 02-87, 9385 VISTA BONITA - APPEAL OF SEWER INPROVEMENT CONDITON RECONSIDERATIN AND TIME EXTENSION (Central Coast Engineering) Greg Luke, Public Works Director, reported that a request for continuance had been received by the appellant' s legal counsel, Paul Metchik and recommended that this request be granted. By consensus, the matter was continued until July 28, 1992. 2. TENTATIVE PARCEL MAP 92-002, 7255 PINAL AVE. - APPEAL OF PLANNING COMMISSION'S DENIAL OF PROPOSED DIVISION OF 3.2 ACRE PARCEL INTO TWO LOTS OF 1.50 AND 1.70 ACRES (Shrefler/Westland Engineering) Henry Engen provided the staff report and recommendation to deny. He noted, for the record, that Terence Orton of Westland Engineering Company, had stated in his letter dated June 16, 1992 that the Commission had not held a legal public hearing. Mr. Engen remarked that staff respectfully disagreed and reported that the • matter had been noticed and legally held pursuant to State Law. The Community Development Director then responded to questions from Council regarding the history of the application, septic design, grading and Regional Water Quality Control Board (RWQCB) assessment. Mr. Engen clarified that the RWQCB had only approved the original lot. He added that the split would not have been approved under provisions of the old General Plan and because of the language regarding slope, could not be approved under the present General Plan. Public Comments: Appellant, Dee Anna Shefler, spoke in support of the appeal. She pointed out that the Council had in their agenda packet a partial chronology of events relating to the lot split application and voiced frustration that the project was still yet unapproved. Councilman Bewley asked Ms. Shefler if she had been aware, at the time, that her application had run out. She replied that she had not. Terry Orton, Westland Engineering, argued that the Planning Commission agenda limited what could be discussed at the hearing and urged Council to uphold the appeal. In addition, he requested CC07/14/92 Page 4 that the applicant be allowed to go back and work with staff on the project and give them the opportunity to prove to the RWQCB that the septic system proposed is a good one. Mr. Orton,, responding to inquiry by the Mayor, stated that the appellant was willing to go back and begin the process all over under the current General Plan. ---End of Public Testimony--- Mayor Nimmo asked the Community Development Director if the lot split would be consistent with the present General Plan. Mr. Engen responded that it would not given the language preluding new lots where septic systems would be required on slopes of more than 30%. Councilwoman Borgeson asserted that if the project is not consistent with the General Plan, she could not support it. Councilman Luna remarked that he was concerned about massive grading done already and contended that he was not in favor of directing staff and the RWQCB to process the application again. He added that he agreed with the recommendation of'; the Planning Commission and indicated he could not support the appeal or the application. Councilman Bewley emphasized that the application had been initiated before adoption of the new General Plan, that the application had run out through no real fault of the applicant and that he was in favor of allowing the application to be • "grandfathered in" . MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to deny the appeal of the Planning Commission' s recom- mendation, denial of Tenetative Parcel Map 92-002 based on their Findings for Denial (Attachment F of the staff report) . Discussion on the motion: Councilwoman Borgeson stated that while she saw no real choice but to deny the appeal, she was distressed by the convoluted process the applicant had to go through. She asserted that applicants need prompt direction and follow-up from staff. Mayor Nimmo stated that the criteria for lot splits is specific and when an application meets all the criteria, it should not be denied. The evidence in this case, he concluded, was that the proposed project did not meet the criteria. Vote on the motion to deny: Motion carried 4: 1 with Councilman Bewley voting in opposition. CC07/14/92 • Page 5 3. CONDITIONAL USE PERMIT 91-02, 5950 EL CAMINO REAL - APPEAL OF PLANNING COMMISSION'S ACTION REAFFIRMING ORIGINAL CONDITIONS OF APPROVAL, INCLUDING REMOVAL OF A SHED FOR OFF-STREET PARKING (The Card Parlour/Togni) Henry Engen provided the staff report and recommendation to deny the appeal and approve the Conditional Use Permit based on the original Conditions of Approval. Councilwoman Borgeson shared some concern about language set forth in Section 9-4. 120 of the Zoning Ordinance relating to parking and argued that while she did not agree with the concept of off-site parking 400 feet away, it would be difficult to deny the appeal if the appellant met the letter of the law and is able to provide the spaces required. She asked that staff take another look at the language in that section. Councilman Luna asked where the mandated handicapped parking space would be located. Public Comments: Representing the appellant, Roger Picquet spoke on behalf of the appeal and in support of revised Conditions of Approval which would allow off-site parking and retention of the storage building. He noted, in response to Councilman Luna' s inquiry, that the handicapped parking space would be located on-site, not off. He mentioned that the appellant was willing Y to modify the off-site parkin lease agreement to allow periodic review and was further, 9 g open to making changes in the format of the agreement. He added that the storage shed was a critical component of the lease for the bar and without it business could not be continued at that location. Mr. Togni, he continued, would be faced with subsequent litigation with lessees if he were to remove the shed. Councilman Luna asked Mr. Picquet to clarify if the use of the storage shed was a condition of the recent sale of the bar. Mr. Picquet reiterated that if the owner was to remove the shed it would cause legal problems with the lessors. Councilman Bewley asked when the bar was sold and whether or not the new owner bought it with the knowledge that the shed would have to be moved. Mr. Picquet indicated that he did not have that information. Bob Johnson, Planning Commissioner, pointed out that during the Planning Commission hearing Mr. Togni had indicated that he did know of the conditions for the removal of the shed upon sale of the bar. ---End of Public Testimony--- CC07/14/92 • Page 6 MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson • to uphold the appeal subject to periodic re-evaluation by the City and including an amendment to the lease Agreement that would comply with Section 9-4. 120 of the Zoning Ordinance; motion carried 5: 0. 4. RESOLUTION NO. 63-92 - ADOPTING SANITATION SERVICE CHARGES TO BE ADDED TO THE 199293 PROPERTY TAR BILL Greg Luke informed Council that this routine matter was the annual ritual enacting sewer charges and mentioned that there had not been any rate increases. There were no questions or comments from Council or the public. MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Resolution No. 63-92; motion carried unanimously by roll call vote. Mayor Nimmo called a recess at 8:47 p.m. The meeting was reconvened at 9:05 p.m. Mayor Nimmo announced that Item #D-3 would be continued due to the illness of Jeff McAlister. D. REGULAR BUSINESS: 1. AUTO MALL/RV PARK - LETTER FROM PROPONENT REQUESTING • RECONSIDERATION Henry Engen provided a brief background and reported that Guy Greene, representing the applicant, was requesting that the application be allowed to come back for reconsideration as one of the two remaining"d 'scretionary General Plan Amendment applcations. City Attorney, Art Montandon, interjected and announced that a letter had been received from a member of the public questioning whether or not Councilman Bewley may have a potential conflict of interest for this item and Item #D-4, also on the agenda. He reported that he had researched the matter and was advising that no conflicts presently exist. He noted that he would monitor the situation. Addressing the agenda item, Councilman Luna asked the Community Development Director what would happen now in light of the fact that the previous Council did not certify the Environmental Impact Report (EIR) . Mr. Engen remarked that it had been unfortunate that the consultants who prepared the EIR were not able to be present at the City Council hearing of June 9, 1992. He stated that the consultants would soon be reviewing the tape recordings of_ the hearing and projected that modifications and/or revisions -wbul:d- then be made to the EIR based on that testimony. CC07/14/92 • Page 7 Public Comments: Eric Greening, 7365 Valle, disputed the applicant' s contentionGu • ( Y Greene' s letter dated 6/24/92) that there had been little public controversy to the proposed project and asserted that the City would be better served if the applicant would come back with a whole new plan. ---End of Public Testimony--- MOTION: By Councilman Kudlac, seconded by Councilman Bewley to accept the request of Guy S. Greene & Associates for a re-hearing of their proposed General Plan and Zoning Amendments as a third discretionary application for 1992; motion carried 3:2 with Councilmembers Borgeson and Luna voting in opposition. 2. LETTER FROM GLEN LEWIS REGARDING ED'S GARAGE, 6940 EL CAMINO REAL (VOLVO SALES) Henry Engen provided the background and staff report. He reported that it had been determined that Ed' s Garage had been violation before the Downtown Master Plan had been adopted and did not have a business license. He outlined three alternatives for action and responded to questions from Council. The City Attorney noted that that Mr. Lewis had failed to submit an abatement schedule per his request. • Mayor Nimmo suggested that Council give consideration to a one-year extension, subject to acquisition of a business license, to allow the owner to relocate the business. Mr. Montandon advised that one year was a reasonable abatement period. Councilman Bewley suggested that, in order to keep Ed' s Garage in business and continue the generation of tax dollars, that the time extension be long enough to see the results of the proposed auto mall. He asked the Community Development Director what would happen if a new location has not been found by the end of the extension period. Mr. Engen indicated that the matter could come back to Council for an update and additional time extension request. MOTION: By Councilman Kudlac, seconded by Councilman Luna to authorize an abatement period of one year subject to acquisition of a business license and to direct staff to assist the relocation of the business and draw up an abatement plan; motion carried 5:0. CC07/14/92 Wage 8 • 3 . LETTER FROM JEFF MCALISTER REQUESTING RECONSIDERATION OF • MANDATORY TRASH PICK-UP Item continued to July 28, 1992 (see page 7) . 4. CIRCULATION ELEMENT COMPLETION - LETTER FROM CONSULTANT RE: HIGHWAY 41 Greg Luke provided the staff report. He explained that DKS & Associates was seeking direction for a course of action regarding Route 41 improvements as input to the Circulation Element and noted that DKS was recommending the "Alternate A-Modified" route. The City Manager, responding to inquiry from Councilman Kudlac, remarked that Caltrans has indicated that it wanted'', City input by early August and without it would proceed in late August. Councilwoman Borgeson asserted that the Council had asked for a full EIR before making a final decision on the realignment and expressed disapproval for being asked to make that kind of decision now, before the EIR has been certified. Councilman Luna inquired about costs associated with amending the Circulation Element if the alternative is changed. Greg Luke projected a cost of about $10, 000 or approximately 10% of the project cost. • Councilman Kudlac voiced support for A-Modified. Public Comments: Russ Kolemaine, Box 1919 Atascadero, contended that economic impacts have not been adequately addressed by the EIR and indicated that he hoped the Council would direct staff to initiate research on what impact the realignment would have on property values. Peter Boonisar, 5212 Magdelena, urged the Council not to make a decision without a final EIR and public hearing. He criticized the draft EIR, claiming that it was inadequate, and reported that he had filed a complaint with the Grand Jury. He shared concern for traffic problems in the downtown as a result of the project and pondered why DKS & Associates had not considered the option of re- routing traffic up 101 to Paso Robles. In addition, Mr. Boonisar mentioned that he was wondering whether, if the A-Modified alternative is approved, garbage would be hauled from other areas of the County to the Cold Canyon Landfill. Joan O'Keefe, 9985 Old Morro Road East, asked the Council how the public would know if there was a conflict of interest on the part CC07/14/92 • Page 9 of any member of the Council. Mayor Nimmo stated that this was not • the topic of discussion. Ms. O'Keefe, speaking to the issue, read a prepared statement (Exhibit A) voicing opposition to the Alternatives A or A-Modified and support for Alternative B. The City Attorney invited Ms. O'Keefe to speak to him personally if she has questions regarding conflict of interest. Livia Kellerman, 5463 Honda, implored the Council to not make a decision until all consequences of each alternative have been studied and a full public hearing has been held. Dorothy McNeil, 8765 Sierra Vista Road, asked the mayor why the Council was being asked to make a decision before certifying the EIR. Mayor Nimmo clarified the intent of the agenda item. Ms. McNeil spoke in support of Alternative B. Whitey Thorpe, 8025 Santa Ynez, urged the Council to go ahead and approve the alternative the community has supported for years. Jan Bewley, 7955 San Gregorio Road, reported that she had helped acquire 1, 600 to 1,700 signatures in support of A-Modified and remarked that the majority of the citizens of Atascadero favored that alternative. Eric Greening asserted that it was not the responsibility of the taxpayers statewide to address the local traffic stivation. In • addition, he urged the Council to ask DKS & Associates to make the assumption that either alternative could be selected and, further, that they wait on a final decision until the Final EIR has been approved. Virginia Powers, 7505 Carmelita, read a portion of a letter she was sending to Governor Pete Wilson in support of using the limited funds available to construct Alternative B and repair an unsafe bridge along the route. Her letter also asked that if this alternative was not selected by Caltrans, that the Governor send to Atascadero a representative who could explain the justification for the "monstrous waste of taxpayers' money" . Eric Michielssen, 5300 Aguila, remarked that the DKS study covers many aspects of traffic, not just the Highway 41 issue, and stressed the importance of making a decision and not delaying the Circulation Element. ---End of Public Testimony--- MOTION: By Mayor Nimmo, seconded by Councilman Kudlac that the Council accept the DKS & Associates Supplemental Report dated July 7, 1992 and concur with the conclusions and CC07/14/92 Wage 10 • • recommendations of that report. Discussion of the motion: Councilwoman Borgeson stated that it was premature to give direction to DKS. Councilman Luna agreed. Councilman Kudlac asked the Public Works Director to respond to Mr. Boonisar' s comments regarding use of the Chicago Grade Landfill by other parts of the County. Mr. Luke' remarked that the matter was complex and would provide Council with a memorandum identifying potential problems regarding the landfill as a result of the realignment. Councilman Kudlac then asked when Caltrans needs a final decision on the proposed project. Mr. Luke stated that Caltrans has indicated it wants a final decision from the City by the ',end of August ( 1992) . Councilman Bewley asked if the motion on floor would represent a formal recommendation to Caltrans. Mr. Windsor emphasized that the Caltrans representative and coordinator of the project had related that no further public hearings were intended and was looking for a final determination by the City no later than the early part of August. In the absence of that decision by the City, he was told on the phone, Caltrans would go ahead and make its ' own decision by the end of August. Councilman Bewley, clarifying the intent of the motion, remarked that the decision presently before Council was, in essence, giving formal support for the A-modified realignment. Mayor Wimmo agreed. Vote on the motion: Motion carried 3:2 (Councilmembers Borgeson and Luna voting in opposition) . 5. LETTER FROM DOUG LEWIS REGARDING MISCELLANEOUS TRAFFIC AND CIRCULATION ISSUES The City Manager reported that staff was looking for direction and suggested that Council refer the matter back to staff', and possibly to DKS & Associates, to examine concerns addressed in Mr. Lewis ' letter (July 7, 1992) in conjunction with the Circulation Element. Atascadero resident Doug Lewis stated that he felt ,the issues he was raising should be considered separately from the Circulation Element. By consensus, Council referred the matter back to staff for examination and possible referral to consultants for study. CC07/14/92 • Page 11 6. ORDINANCE NO. 252 - RESTORING THE MEMBERSHIP OF THE PARKS AND RECREATION CouncilMMISSiON FROM FIVE (5) TO (7) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to approve on first reading by title only) Mayor Nimmo mentioned two minor changes to the ordinance. Andy Takata provided a brief report and recommendation to introduce the ordinance. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to waive reading in full of Ordinance No. 252; motion unanimously carried. MOTION: By Councilman Luna, seconded by Councilman Bewley to introduce Ordinance No. 252, as amended, on first reading; motion carried 5: 0 by roll call vote. Item Added: B-4. RESOLUTION NO. 64-92 - APPOINTING FIVE MEMBERS TO THE CITY'S PARKS & RECREATION COMMISSION MOTION: By CML, seconded by GMK to adopt Resolution No. 64-92 appointing five members to the City' s Parks & Recreation Commission; motion carried unanimously. 7. ORDINANCE NO. 248 - COMPREHENSIVE REVISIONS TO TITLE 8, BUILDING REGULATIONS, TO UPDATE CONSTRUCTION REGULATIONS (Recommend motion to approve on second reading) MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to waive the reading of Ordinance No. 248 in full; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Kudlac to adopt Ordinance No. 248 on second reading; motion passed 5: 0. 8. SCHEDULE DATE AND TIME FOR PLANNING COMMISION INTERVIEWS By consensus, Council agreed to meet in special session to interview candidates for the Planning Commission on Thursday, .august 20th beginning at 4: 00 p.m. in the Club Room. By consensus, Council adjourned to a Closed Session for purposes of discussion regarding litigation, entitled O'Keefe v. City of Atascadero at 10:35 p.m. Said Closed Session was adjourned at 10:50 P.M. CC07/14/92 Wage 12 . MINUTES RECORDED ARID PREPARED BY: i LE RABOIN, City lerk Attachment: Exhibit A - O'Keefe • CCO7/14/92 iPage 13 0 W 9 . 14 ! L Joan O' Keefe ✓ 9985 Old Morro Rd E . 7-1492 CC7/14/92 EXHIBIT A Fifteen million dollars for a band aid! These are the words the consultants used in their report to describe what redirecting traffic off Curbaril to the 41-E1 Camino Real intersection will accomplish. For a few years, at most, Alternate A will' pull traffic off Curbaril and down to E1 Camino and 41 . Since when is Caltrans supposed to be responsible for the cities circulation problems? This isn' t about traffic on the present routing of Hwy 41 through the City. This is about temporarily redirecting traffic from one neighborhood to another neighborhood at the cost of $15, 0000, 000 and causing irreparable damage to the environment through extensive movement of the earth and removal of vegetation. Does Caltrans plan to provide this kind of a freebie to other cities that have avoided planning . for the infrastructure needed to support the development they've approved? There is no overriding health, safety or welfare issue that can justify putting in this road. Neither the accident rate, traffic flow or air quality will be improved significantly by this project. The state of California is in a financial crunch and the majority on this Council are willing to spend $15 , 0000 . 000 for a band aid. I 've heard some of the Council persons say we should spend the money because its been approved. Well a poultry building has been approved for Cal Poly and they' re phasing out their poultry program but the money is there so I suppose they should spend it and they probably will . Building a new bridge and rerouting Hwy 41 north to Hwy 46 will take care of any problems presented by the current route. If this Council is going to be a fiscally responsible Council that is the recommendation they will make this evening. REPORT TO CITY COUNCIL Agenda Item: B-2 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 8/11/92 From: Mark Joseph, Administrative Services Director?��L SUBJECT: Technical Adjustments to Temporary Wage Schedule. RECOMMENDATION: Adopt Resolution No. 76-92, updating Exhibit B of the annual Position Authorization and Salary Schedule Resolution. BACKGROUND: Council adopted the FY 92-93 salary schedule for regular and wage employees at its July 28 meeting. Since then, two items - have developed that require revisions to the Salary Schedule for Temporary/Seasonal Employees. The first is a modification of the overall wage reduction, which was part of the City's budget balancing effort. As Council may recall, all regular employees received their negotiated increases and then took a 4.77 percent reduction. This approach was also applied to Temporary employees, even though they are not necessarily entitled to any cost-of-living adjustments. Staff is now proposing that instead of a straight 4.77 percent cut in pay, the reduction be limited to 2.5 percent (the figure the City originally proposed as an across-the-board reduction from current salaries) . Although wage salaries will not be as low as originally set, total appropriations for temporary employee costs were reduced to reflect the 4.77 percent cut. Thus, the affected Departments will need to reduce total hours assigned or absorb the increased costs. Given this condition, there is no fiscal impact as a result of this adjustment. The second issue is the creation of a Zoo Education Coordinator wage rate. This addition is in anticipation of an arrangement between the City and the Zoo Society, in which the City will accept the Society's coordinator as a City employee, and the Society will reimburse the City for all costs associated with the position. As a result, there will also be no fiscal impact from this item. ai�r„rd .�- RESOLUTION NO. 76-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING EXHIBIT B OF RESOLUTION 71-92 (ANNUAL POSITION AUTHORIZATION AND SALARY SCHEDULE RESOLUTION) Section 1. Exhibit B of Resolution 71-92 is hereby repealed- and epealedand replaced with the new Exhibit B, dated August 5, 1992. Section 2., The effective date of this Resolution is July 1, 1992. On motion by Councilperson seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By. . ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney Exhibit B SALARY SCHEDULE FOR TEMPORARY/SEASONAL POSITIONS EFFECTIVE JULY 1 , 1992 (Revised/2.5%) JOB HOURLY RANGES CODE JOB TITLE A B '' C 8370 Student Intern I-----------------$5 85-_-_-- ----____r---- - 8371 Student Intern II $7.80 8372 Student Intern III $9. 75 8410 Cashier $4.88 $5 . 12 $5 .37 8450 Office Worker $5 . 36 8520 Recreation Leader I $4.88 8521 Recreation Leader II $5 . 36 $6.09 8526 Scorekeeper $6.09 8710 Reserve Police Officer* $13. 10 8750 Reserve Fire Fighter: Per 2 hr drill $12. 19 Gen' l Alarm, 1st hr $8 . 29 Alarm, after 1st hr $6.83 9520 Seasonal Rec. Leader $4 .88 9525 Lifeguard I $5 . 12 9526 Lifeguard/Instructor $5 .85 9527 Senior Lifeguard $6.44 9530 Site Director $6.09 9540 Program Coordinator $7 .07 $8.29 9545 Zoo Education Coordinator** $8.00 9615 School Crossing Guard $5 . 75 9750 Seasonal Fire Fighter $7 .07 $7 .31 $7 . 56 * Linked to "A" step of Police Officer ** Reimbursed in full by Zoo Society tempsal .wk3 05-Aug-92 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Ray Windsor, City Manager Mtg. Date: 08/11/92 From: Henry Engen, Com. Dev. Director ." File NO: CUP 92-007 SUBJECT: Appeal filed by Jerry and Glenda Taft of the Planning Commission's approval of Conditional Use Permit 92-007 approvingwall signs for a proposed Blockbuster Video store at 7025 E1 Camino Real (Pacific Entertainment, applicant; Robert Fisher, representative) RECOMMENDATION: Denial of the appeal and approval of Conditional Use Permit 92-007 based on the Planning Commission's Findings and subject to their Revised Conditions of Approval. PROJECT REOUEST: The applicant is seeking approval of three 22 square foot blue and • yellow wall signs on their proposed 6, 000 square foot video store at the northeast corner of El Camino Real and Santa' Ysabel Avenue. Under the current sign ordinance Planning Commission approval is required for signs on building faces without a public entrance. In view of the building's unique location which required four building "fronts", staff recommended approval of two additional wall signs facing the abutting streets. The third sign over the public entry faces the parking lot and is allowed by right. BACKGROUND: On July 7, 1992, the Planning Commission conducted a public hearing on the signage request and on a 3 :2:2 vote, approved the Condi- tional Use Permit. There was discussion and public testimony as evidenced in the attached minutes excerpt. HE:ps Attachments: Letter of Appeal dated July 21, 1992 Staff Report dated July 7, 1992 Minutes Excerpt - July 7, 1992 Revised Conditions of Approval - July 7, 1992 cc: Glenda and Jerry Taft Pacific Entertainment (Dennis Bell) Robert Fisher a ULY. 19' 2 ATASCtADERO CITY COUNCIL I WISH TO SUBMIT MY APPEAL FOR THE CONDITIONAL USE PERMIT APPLIED FOR BY BLOCKBUSTER VIDEO FOR THE ADDITIONAL SIGNS AND ALSO THE COLOR OF THE SIGNS. THAiVK YOU. SLENDA TAFT 71o9 EL CAM I NO REAL tATAS�:ADERO. CALIFORNIA 9_C 322 ENCL. CHECK:: 4 2,00 Q.dz, 2 1 q?, -71 lI JUL 21 1992 COMINAUNiTY DEVELOPMENT CITY OF ATASCADERO STAFF REPORT Item: B-3 FOR: Planning Commission Meeting Date: July 7, 1991 BY: R6bert/Malone, Assistant Planner File No: CUP 92-007 SUBJECT: Consideration of a conditional use permit application for an exception to the Sign Area Standards of the Zoning Ordinance to allow two wall mounted signs on a 6,000 square foot retail commercial building. RECOMMENDATION• Staff recommends approval of Conditional Use Permit 92-007, based on the Findings contained in Attachment F and the Conditions of Approval in Attachment G. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Pacific Entertainment 2. Representative. . . . . . . . . . . . . . .Robert Fisher, Architect 3. Project Address. . . . . . . . . . . . . .7025 El Camino Real 4. Site Area. . . . . . . . . . . . . . . . . . . .3.6 acres 5. Zoning. . . . . . . . . . . . . . . . . . . . . . .Commercial Retail (CR) 6. General Plan Designation. . . . .Retail Commercial (RC) 7. Existing use. . . . . . . . . . . . . . . . .Parking Area for Payless Shopping Center 8. Environmental Status. . . . . . . . .Categorical Exemption PROJECT BACKGROUND: The Planning Division approved, with conditions, an application for Precise Plan 92-008, a 6,000 square foot retail commercial building to house a Blockbuster Video store, on June 16, 1992. Because the proposed building was under 10,000 square feet a Conditional Use Permit was not required. At the time of preparation of this report, the 21 day public review period for the Negative Declaration posted for this project has not passed. The building is proposed to be located at the northeast corner of E1 Camino Real and Santa Ysabel Avenue in the parking lot of the Payless shopping center (see Attachment A - General Plan Land Use Map and Attachment B - Zoning Map) . The shopping center is comprised of eight separate parcels which is reflected in varying architectural and sign styles. The site development plans indicate generous landscaping surrounding an attractive freestanding building. The building has been carefully designed to fit in with the rather loose architectural style of the shopping center. Because of the unique circumstance that the freestanding building sits on a street corner, all building elevations have been designed so as not to turn their back on either the two streets or the shopping center (see Attachment C - Site Development Plans) . There is only one building entry, facing east into the Payless parking area. The precise plan approval includes one wall sign located over the building entry canopy using individual channel letters. Since the Zoning Ordinance permits only one wall sign per entry (AMC Section 9-4. 134) , any additional signs must be granted through the conditional use permit process. PROJECT DESCRIPTION: Because the building entry faces the parking lot, the applicant wishes to locate two additional wall mounted signs on the south and west building elevations facing E1 Camino Real and Santa Ysabel Avenue. The proposed sign design and locations are consistent with the sign approved over the entry on the Precise Plan. The proposed signs are constructed of individual channel letters measuring 18 inches in height and spell out Blockbuster Video in capital letters. The sign length is 14 feet and the area is 22 square feet. The Zoning ordinance permits an aggregate area of up to 100 square feet. The individual plexiglass sign faces are yellow and the returns (sides) are blue to match the franchise colors of the tenant. The blue returns on the channel letters will match the awnings of the building and the ceramic tile accents. Color exhibits of the building elevations and sign colors will be presented at the public hearing. ANALYSIS: Staff believes the applicants request is well justified due to the unique orientation of the freestanding building on the street corner. The aggregate area of two proposed and the one previously approved sign will be within the Zoning Ordinance provision of 100 square feet maximum. The Zoning Ordinance provision for wall signs is tailored to meet the needs of conventional narrow commercial lots that face one street. The conventional arrangement usually consists of one lot with the building located adjacent to the street. The building entry is either facing the street or parking area. When the entry faces the street the wall sign provision is sufficient to meet tenant identification needs. If the entry faces a side parking area, a monument sign may be located along ',the street. To properly identify the tenant of the building to passing motorists traveling along El Camino Real (especially when heading south) or Santa Ysabel, additional signs are necessary. Although the applicant has indicated to staff that the use of a monument= sign will not be considered for the project, at least two freestanding signs are permitted in the Ordinance for the Payless site. There is currently one existing monument sign identifying the Payless store located at the corner. The existing sign styles in the shopping center vary from tenant to tenant. Although a number of the major tenants (Payless, Coronet, Thrifty's, William Brothers, and Sprouse Ritz) have red and white roof mounted signs, the smaller tenant wall signs vary in style and color (Video Palace, Round Table Pizza., Finicky Fish, and Security Pacific Bank) . A common factor of the small tenants, however, is the use of individual channel letters located on the mansard roofs or wall over the entries. The colors and type (copy) styles vary with Video Palace using blue/white, Round Table using white with a multi-color logo (yellow/green/red) , Finicky Fish using a wooden sign, and the Bank with a black/white/blue temporary banner. Staff believes the proposal is consistent with the ,Appearance Review Guidelines for signs (page 27-28) . The sign location and use of channel letters is consistent with other shopping center tenants. The sign colors are compatible with the franchise colors used by other small tenants and are harmonious with the Blockbuster building design. CONCLUSION: Planning Staff recommends approval of the two additional signs based primarily on the unique location and orientation of the building and consistency with the intent of the Zoning Ordinance and Appearance Review Guidelines. ATTACHMENTS: A - Location Map - General Plan Land Use B - Location Map - Zoning C - Site Development Plans Landscape Plan Sign Location Plan Building Elevations with Signs ' • Sign Elevations and Details D - Findings for Approval E - Conditions of Approval ATTACHMENT A - LAND USE M/ CONDITIONAL USE PERMIT 92( CITY OF ATASCADERO 7025 EL CAMINO REAL PACIFIC ENTERTAINMENT/FISh COMMUNITY DEVELOPMENT DEPARTMENT -44 .•. 51T� i •• 7. 1 rrrrf r• •• • • ;.• •.•• .;r ..rjr.; • Y � ssei 3 -t-i d W >w .Q X53 hk 1 ••� tjd .:•• . • cwt M • • ` � • d ig woo I1 � T' tom. s �'1 ti .rttttu►ttu�= � � situ „"- 'ATTACHMENT C — SITE OEVELOPMEN PLAN - - CITY OF ATAKADERO PRECISE PLAN SITE PLAN ' CONDITIONAL USE PERMIT 92007 4.1 isrs-7 COMMUNITY DEVELOPMENT '702 5EL cAMINO REAL DEPARTMENT PACIFic ENTERTAINMENT/FIS � +s e.W► wr ww www..w..wwsw � � 1 ai� . - t { i I y � a `ate t : �;a f I F a s t W �:S •w � i T e: �7 /j'g �(�, dY � i�i�1l W t . t• � a, l � -- r f W a �I + 1 V y yr��11 S•� TT'ACHMENT C - SITE DEVELOF �j �� ; CITY F MENT PLAN 41 "" ' • 4' O ATASCADERO REC I SE PLAN LANDSCAPE PLAN ■� "" ONDITIONAL USE PERMIT 9200 COMMUNITY DEVELOPMENT 7025 EL CAMINO REAL DEPARTMENT PACI F I C ENTERTAINMENT/F I SHE Fu n rrr 1qf nwwawwr/i W. 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ATTACHMENT C - SITE DEVELOF MENT CITY OF BUILDING ELEVATIONS WITH • ATASCADERO H '• 7 PROPOSED SIGNS COMMUNITY DEVELOPMENT CONDITIONAL USE PERMIT 9200 DEPARTMENT 7025 EL CAMINO REAL + PACIFIC ENTERTAINMENT/FISHE �„ .rr.w/1M rT•a i ' J�� � F wr wlw rrw, wrlw www wrw wr I ___ awoke r•wT 3 f", -srw••w 'waw•'w•. '�•"`„^ :I i - -_ ' �wr. ar w•rw �fQllulRlli—'� r.r.. 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"IPW o CRAIG IOUs AtL MTIRtAt1 TO 11 O.L. l"WM TYPICAL LETTER SECTION TYPICAL LETTER SECTION ON RACEWAY ,SIGN TYPE "A".- AT PARAPET FACE ATTACHMENT D - Findings for Approval Conditional Use Permit #92-007 (Pacific Entertainment/Fisher) 7025 E1 Camino Real July 7, 1992 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. A Catagorical Exemption has been determined for the project and is consistent with the requirements of the California Environmental Quality Act (CEQA) . FINDINGS• 1. The proposed project is consistent with the General and Specific Plans. 2. The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance. 3. The project as conditioned, will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or 'injurious to property or improvements in the vicinity of the project. 4. The proposed wall signs for Blockbuster Video and sign program, as conditioned, will not be inconsistent with the character of the shopping center, immediate neighborhood, or contrary to its orderly development. 5. The proposed project, as conditioned, is consistent with the City' s Appearance Review Manual and is compatible with the neighborhood character. ATTACHMENT E - Conditions of Approval Conditional Use Permit #92-007 7025 E1 Camino Real July 7, 1992 CONDITIONS OF APPROVAL: 1. The project shall be in conformance with all conditions contained herein, including Attachment C - Site Development Plans (Sign Location Plan, Building Elevations of Signs, Sign Elevations and Details) , and all other nodes and ordinances of the City of Atascadero. Any modification of the project, or this entitlement, shall be approved by the Community Development Department prior to implementing any such changes. 2. The total permitted aggregate area for all sign types 'for Blockbuster Video shall not exceed 100 square feet as stipulated in the Zoning Ordinance. This applies to both wall and freestanding signs. 3. This Conditional Use Permit shall be subject to reconsider- ation by the Planning Commission, and revocation if deemed necessary, if any conditions of approval contained herein cease to be complied with, or if the use becomes substan- tially different from that described in this application. 4. This Conditional Use Permit shall expire one ( 1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2. 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2. 115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9-2. 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. MINUTES EXCERPT - PLANNING COMMISSION - JULY 7, 1992 3 . CONDITIONAL USE PERMIT 92-007: Application filed by Pacific Entertainment (Robert S. Fisher) for consideration of wall signs for a Blockbuster Video building. Subject site is located at 7025 E1 Camino Real. Chairperson Highland noted that an appeal has been filed on the precise plan to establish the use on the site; the public hearing will be held by the Commission on July 21st. It has nothing to do with the conditional use permit for approval of the signs. Testimony will be accepted at this hearing relating only to the use permit for the two wall-mounted signs. It was Commissioner Waage's feeling that in light of the precise plan appeal, this particular hearing should be postponed until action has been taken on the precise •plan appeal. Chairperson Highland reminded the Commission that this would not be fair to the applicant. If the appeal is not granted, then this use permit application will have been delayed from four to six weeks. If the appeal on the precise plan is granted, the use permit action would become null and void. Discussion ensued relative to whether this 'hearing should include consideration of the project itself. Mr. Malone clarified that the use permit review is a specific portion of the sign standards contained in the zoning Ordinance; said portion does not necessarily open the entire project for review. At this point, Mr. Malone presented the staff report concerning a request to allow two wall mounted signs for a 6,000 square foot Blockbuster Video Store. Staff is recom- mending approval subject to four conditions. Mr. Malone suggested that a new condition be added to clarify that approval of this use permit is subject to the final approval of the precise plan. Commission questions and discussion followed. In response to question by Commissioner Waage, Mr. Malone explained that the report he is preparing on the precise plan appeal will focus on the three areas being appealed, but will not analyze other areas of the project that have already been approved with conditions. • Commissioner Lochridge inquired how the size of the proposed building compares with some of the other buildings in the "center. " It was his feeling that a 6,000 square foot building located at the corner should not be considered as one of the smaller retail shops in this center; it seems to be more of a larger, major tenant. - Public Testimony Robert Fisher, architect for Pacific Entertainment (appli- cant) , indicated his support of staff's recommendation. He conveyed his feeling that the unique orientation and position- ing of building would warrant approval of the additional wall signs. Mr. Fisher pointed out that the square footage of each of the signs is under the aggregate area of signage allowed by the Zoning Ordinance. Jerry Taft, owner of Video Palace, 7109 E1 Camino Real, voiced his opposition of the use permit and for the sign colors. He asked why this project should be able to have three times. the amount of signage that the Zoning Ordinance allows. It was Mr. Taft's feeling that the highly visible location of the Blockbuster store is advertisement in itself. In speaking to the issue of proposed colors, Mr. Taft contested the staff report noting that all of the major tenants in the center have red and white colors. He also contended that Blockbuster Video should be considered as a major tenant. Mr. Taft referenced the Appearance Review Manual wherein it is stated that the colors, materials and lighting of each sign shall be restrained and be harmonious with the building. He contended that the proposed colors (yellow and blue) are not harmonious with the center; that they are designed for competition. Mr. Taft further stated that these colors will make the proposed building an entity onto itself as opposed to conforming with the rest of the center. Barbara Sims, 10835 Colorado Road, concurred with points Mr. Taft raised in that the location and size of the building requires no more advertisement. Mrs. Sims referenced businesses in town that are reprimanded for having banner signs and other types of signs; yet when it comes to a national chain, it seems that the City will grant them whatever they want. Mrs. Sims urged that the use permit be denied. Dennis Bell, managing general partner with Pacific Entertainment, spoke in support of the request noting that this freestanding building is unique in that there is no "rear" of the building; all sides are within public view. Mr. Bell theorized that if this building consisted of five smaller shops (60 by 20) , each one of those 20 foot frontages would be allowed a sign which would result with five signs on the same building. He provided further examples of how more signs could be warranted. Mr. Bell pointed out that the project will have only one entry and one exit and added that with the request of the additional wall mounted sign, a monument sign would not be sought. Mr. Bell emphasized that the general perception seems to be that this is a shopping center. However, the various stores on the site are independent of one another with separate lots, etc. There are no common area fees, no reciprocal parking agreements that a shopping center would have. With regard to the proposed colors, Mr. Bell remarked they are part of the national trade dress. As a franchisee, he must meet the corporation's criteria. - End of Public Testimony - Commissioner Hanauer referenced a similar situation (Nutrisystem) wherein the applicant was granted a sign facing the shopping center parking lot as well as a sign facing El Camino Real. Commissioner Waage added that the Commission has consistently limited sign requests to two signs only. Commissioner Johnson remarked that the location of a store at a corner is a unique situation. It was his feeling that precedent has already been set by this Commission as well as the Council in allowing additional signage. Commissioner Johnson commented that the Commission has always expressed the desire to be more sensitive towards businesses; to encourage new businesses to locate in Atascadero. In this case, the signage appears to have been worked into the design of the building in a rather sensitive way; it is not excessive and is below the maximum allowable square footage. Commissioner Johnson further stated that in this particular case, he did not see where the two additional signs would clutter the viewscape or be offensive in any way. Commissioner Lochridge asserted that the situation appears to involve a competition between two video stores, but he objected to the location of the proposed video store which is of greater magnitude than the locally owned store. He voiced concern that a hardship will result since the smaller store will not get the same amount of signage that the Blockbuster Video store has applied for. Commissioner Lochridge commented that if there is not a more sensitive way in which to address a flat side of a building than to put a sign on it, it is discouraging. He urged the applicant to accept the allowable signage under the ordinance without the conditional use permit at this time. Chairperson Highland stressed that the only reason for the additional signs is the unique location that is proposed to developed regardless of what business may locate there. This particular site fronts on two street which are active ones. It was Commissioner Highland's feeling that in this case, the City is not giving a "newcomer" an additional advantage over existing businesses. Chairperson Highland reminded the Commission that the revised sign ordinance will be considered by the Commission in August at which time, there will be plenty of opportunity for input on making rational changes to the existing ordinance. Commissioner Johnson clarified that the fact that Blockbuster Video is a large, national chain has nothing to do with his reasoning for supporting the use permit request. This is a unique location and the signage has been proposed in a sensitive manner. He did not agree that the building is being "wrapped" with signs, and added that the signs are less than the square footage allowed. Commissioner Waage commented that there are several unique locations in the city and the most signs granted where there was not a public entrance was one; two signs for this project are more than adequate. Commissioner Lochridge noted that the only thing unique about this site is that it is the "front door" to the City. He expressed objection to the Payless monument sign which, in his opinion, he did not believe to be an appropriate or wise deci- sion to make; more sensitive signage should be in order. MOTION: By Commissioner Johnson, seconded by Commissioner Hanauer to approve Conditional use Permit 92-007 based on the Findings contained in Attachment F and the Conditions of Approval contained in Attachment G. The motion carried 3:2 with the following roll call vote with the addition of a new condition to read: 111. Approval of this project, Conditional Use Permit 92-007, is subject to the final approval of Precise Plan 92-008, a site dev- elopment plan for a 6,000 square foot commercial building at 7025 E1 Camino Real." AYES: Commissioners Johnson, Hanauer, and Chair- Highland NOES: Commissioners Waage and Lochridge VACANCIES: Two ATTACHMENT E - Conditions of Approval • Conditional Use Permit #92-007 7025 E1 Camino Real As Amended by Planning Commission, July 7,1992 CONDITIONS OF APPROVAL: 1. Approval of this project, Conditional Use Permit 92-007, is subject to the final approval of Precise Plan 92-008, a site development plan for a 6,000 square feet commercial building at 7025 E1 Camino Real. 2. The project shall be in conformance with all conditions contained herein, including Attachment C - Site Development Plans (Sign Location Plan, Building Elevations of Signs, Sign Elevations and Details) , and all other codes and ordinances of the City of Atascadero. Any modification of the project, or this entitlement, shall be approved by the Community Development Department prior to implementing any such changes. 3. The total permitted aggregate area for all sign types for Blockbuster Video shall not exceed 100 square feet as stipulated in the Zoning Ordinance. This applies to both wall and freestanding signs. 4. This Conditional Use Permit shall be subject to reconsider- ation by the Planning Commission, and revocation if deemed necessary, if any conditions of approval contained herein cease to be complied with, or if the use becomes substan- tially different from that described in this application. 5. This Conditional Use Permit shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2. 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2. 115 of the Zoning Ordinance; or c. An extension has been granted, as defined in Section 9-2. 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. • REPORT TO CITY COUNCIL Agenda Item': D-1 (A&B) CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 8/11/92 From: Mark Joseph, Administrative Services Director SUBJECT: Adopting Citywide Procurement Procedures RECOMMENDATION: 1. Adopt Ordinance No. 253 Amending the Atascadero Municipal Code Section 2-3, as it relates to the City's Purchasing System (Recommend motion to waive reading in full and read by title only; and motion to approve on first 'reading by title only) . 2. Adopt Resolution No. 69-92, which approves the City's specific procurement procedures. BACKGROUND: Council established an ad hoc Procurement Committee to review the City' s purchasing procedures. The Committee consisted of two Councilmembers (Nimmo and Borgeson) , as well as the City . Treasurer and Department Heads. The Committee met 'four times during Spring 1992 and looked at a substantial amount of material on the subject. In addition, the Committee reviewed staff' s draft procedures. Based up those comments, as well as the City Attorney' s review, the attached Purchasing Manual has been finalized for Council consideration and adoption. In addition to the enabling resolution, portions of the Municipal Code need to be revised. The primary change is to lift the ceiling for formal bidding from $5,000 to $7,500. ANALYSIS Overall, the new procedures provide clear definition over who is responsible for various transactions and how those transactions should occur. The new procedures will establish a formal requisition/encumbrance system to better assure accountability, budget control and coordination. Although the system will be better coordinated through the Finance Office, departments will still have sufficient discretion to manage their daily operations. In addition to basic purchasing procedures, a' number of related policies have also been included, such as Petty Cash Procedures, Budget Administration, Travel Policy, and Fixed Assets Management. Training sessions will be provided to explain the new procedures and thereby improve compliance. A Flowchart has been included to graphically show the process. n . Ili DEPT. NEEDS FLOWCHART - PURCHASING SYSTEM SUPPLIES, SERVICES OR FACILITIES CITY OF ATASCADE RO i EQ. NO PROF. NO P.W. & S11P SERVICE ROJECT YES YES YES CENTRAL FORCE ACC'T. DEPT. TRACKS OFC. YES FIN.PURCHASING: YES OFC. UNDER YES HRS & COSTS SUPPLIE FIN. BULK SERVICES 25,000 ORDERS QTRLY NO NO NO USE PETTY DEPT. GETS INFORMAL UNDER YE CASH PROC. UNDER YES 3+ QUOTES 00- YES F.W. BID $25 $10,000 2750000 PROCEDURES NO NO DEPT. REQ. NO qREQ.MOST RF.SPON.USE OPEN VENDOR $25-$50t YES ROUTI YES P.O. PROC. PURCHAS NO NO DEPT. REQ. FORMAL P.W. FORMAL ITEM(S) OVER YES OVER YES BIDDING $10,000 BIDDING $75,000 PROCEDURES PROCEDURES COUNCIL COUNCIL AWARDS BID AWARDS BID YtDEPT. GETS $500- OTES $750 NO DEPT. REQ. MOST RESPON VENDOR FORMAL FINANCE OVER YES BIDDING REVIEWS; $7500 PROCEDURES ISSUES P.O. COUNCIL DEPT. REC'S AWARDS BID ITEMS/SRVCS FINANCE CUT. CHECK FOR PAYMENT A/P IL 8/92 ORDINANCE NO. 253 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 2, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES TO THE CITY'S PURCHASING SYSTEM Section 1. Title 2, Chapter 3 of the Atascadero Municipal Code is amended to read as contained in the Attached Exhibit A, which is hereby made a part of this ordinance by reference. . Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance 'with Section 36933 of the Government Code, shall certify the adopting and posting of this Ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinance of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson , seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: S AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: •ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney CHAPTER 3. PURCHASING SYSTEM Sec. 2-3.01. System adopted. A centralized purchasing system is adopted in order to establish efficient procedures for the purchase of supplies and equipment, to secure supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to define .authority for the purchasing function. Sec. 2-3.02. Designation of purchasing functions. The City Manager, by separate Code provisions, has been assigned overall purchasing responsibilities for all departments and divisions of the City. To discharge these responsibilities, the City Manager may designate such other person or persons ashe shall deem necessary to assure compliance with the laws, rules and regulations governing the purchase of supplies and equipment. Sec. 2-3.03. Purchasing Officer: Duties There is created the position of Purchasing Officer who shall be the Finance Director unless otherwise specified by the City Manager. The Purchasing Officer shall have general supervision and responsibility for the purchasing of supplies and equipment. The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall: (a) Purchase and contract for supplies and equipment required by the City in accordance with purchasing procedures; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding to obtain as full and open competition as possible on all purchases; (e) Keep informed of current developments in the field of purchasing prices, market conditions and new products; (f) Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and standard purchasing procedures; (g) Insure the inspection of all supplies and equipment purchased to insure conformance with specifications; (h) Recommend the transfer of surplus or unused supplies and equipment between departments as needed; (i) Maintain a bidders list, vendors' catalog file and records needed for the efficient operation of the purchasing division. Certain portions of these files may be maintained within the departments for ready reference. Sec. 2-3.04. Exemptions for centralized purchasing. The Purchasing Officer, in coordination with each department head, may establish local accounts where charges for minor purchases as needed to meet unforeseen daily operational requirements may be authorized. Such charges shall be made only by a limited number of departmental employees who have been specifically authorized by the department head and the Purchasing Officer to do so. Charges for individual items shall not exceed Twenty-five and ne/100the ($25.OG+ Five hundred and no/100ths ($500.00) per item and must be authorized by a purchase requisition signed by the department head concerned. Department heads shall be responsible for assuring that adequate funds- are available in the designated budgetary accounts prior to authorizing any expenditure. The-ear-ges shall be se 'aa*'e by the affeeted department head eaeh men vavzeen'vcrscccced item-eE i-tems-puEehased- The-eenselidated-lists-aha'�e . submitted ieng with a puEehase-erdeE aut-heris i finaneaeffiee-.- See.2-3.05.—astima-t-es-of 7=eq •.r. T.nents. aQ'eh depaEtmeat—shall file—detailed—estimates 0fsits ciizu..i'1 manaeE and time ache shall r_____lbe- See. 2-3.06 internal re"Isitions. The P_rehasing-o=rseeF shall maintain and-ee el a-steek e-€ te•-dad-eperatieaB. DepaEtments-shall submit Eequests feE sueh supplies and equipment te-the-PuEehasiag GffligtheE standard Eequisitien feLcms eE by etheE means as may be established-by-the PuEehasing OffleeE. Section 2-3.07 2-3.05 Bidding Purchase of supplies and equipment shall be by bid procedures as set forth in Sections 2mss' -10 2-3.08 and 2-3.1= 2- 3.09, except that the Purchasing Officer may dispense with bidding under the following conditions: (a) An emergency requires that an order be placed with the nearest available source of supply; or (b) When the amount involved is less than Five Hundred and no/100ths ($500.00) Dollars; or (c) The commodity can be obtained from only one vendor; or u The commodity can be purchased through another governmental agency' s competitive bid and such purchase is in the best interest of the City. Section 2-2 082-3.06 Purchase Orders. Purchase of supplies and equipment shall be made by purchase order only. A purchase order will not be issued until the Purchasing Officer first approves it. Section 2-3.-09 2-3.07 Encumbrance of funds. Except in case of an emergency or where specific authority is first obtained from the City Manager, the Purchasing Officer shall not issue a purchase order for supplies or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged. Section 3=3.10 2-3.08 Formal contract procedure. The purchase of equipment for an one project or activity of an supplies andy p � Y estimated individual or aggregate value greater than Five Theasand and ne/100the (0,000.00+ Seven Thousand Five Hundred and no/100ths ($7,500.00) shall be by written contract with the lowest responsible bidder in accordance with the following: (a) Notice Inviting bids. The responsible department, in conjunction with the Purchasing Officer, shall prepare a notice inviting bids. The notice shall include a general description of the article to be purchased, shall state where bid blanks and specifications may be secured, the time and place for opening bids and may require security deposits. ( 1) Published Notice. The notice inviting bids shall be published at least twice, not less than five (5) days apart, in a newspaper of general local circulation at least ten ( 10) days before the date of opening of the bids. (2) Bidders List. The Purchasing Officer shall also solicit sealed bids from responsible prospective suppliers, whose names are on an established bidders list or who have made written request that their names be added to it. (3) Bulletin Board. The Purchasing Officer shall also advertise proposed purchases by notice posted on a public bulletin board in the City offices. (b) Bidder's Security. When considered necessary the Purchasing Officer shall prescribe bidder's security and a state- ment of the security shall be included in the notice inviting bids. Each bidder is entitled to a return of the bid security. However, a successful bidder forfeits his bid security if he refuses or fails to execute the contract within ten ( 10) days after the notice of award of contract is mailed. I'f the successful bidder fails or refuses to execute the contract, the bid may be awarded to the next lowest responsible bidder, or readvertised. If the contract is awarded to the next lowest bidder, the amount of the lowest bidder's security shall be applied to the contract price difference between the lowest bid and the second lowest bid. If all bids are rejected and the request for bids readvertised, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and surplus, if any, shall be returned to the lowest bidder. (c) Bid Opening Procedures. The Purchasing Officer shall require all bids to be sealed and identified by the bid number as "Bid Ne. on the envelope. The Purchasing Officer shall open the bids in public at the time and place stated in the_ public notice. The Purchasing Officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. (d) Rejection of Bids. In its discretion, the City may reject all bids preserrted and readvertise for bids. (e) Award of Contracts. Normally, contracts shall be awarded to the lowest responsible bidder, except that the Council may award a contract to a higher bidder if it specifically determines that the best interests of the City are served by so doing. (f) Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept the one it chooses. (g) Performance Bonds. The Council may require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. Sec. 2-3.1= 2-3.09 Open market procedure. If the estimated value of the purchase of supplies or equipment is less than Five Hundred and no/100ths ($500.00) Dollars, the Purchasing Officer may dispense with formal bidding procedures. but shall seeuEe, by t-e-lephene er letterer--p . If the estimated value of the purchase is WhEee—tFheusand-Five Hundred a e i100th -($3-,-900E - Seven Thousand Five Hundred and no/100ths ($7,50n Dollars or less, but Five Hundred and no/100ths ($500.00) Dollars or more, the Purchasing Officer shall authorize the purchase in the open market under the following procedure: (a) Minimum Number of Bids. The responsible department, in conjunction with the Purchasing Officer, shall obtain at least three (3) bids and shall make the purchase from the lowest responsible bidder. (b) Notice Inviting Bids. The responsible department, in conjunction with the Purchasing Officer, shall solicit bids by written request to prospective vendors, by telephone, and/or by public notice posted on a public bulletin board in the City offices. (c) Bids. Department heads shall obtain bids either by telephone or by sealed written bids. Telephone bids will be documented by submisslen ef a meme te the in a manner as established by the Purchasing Officer. The Purchasing Officer shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record is open to public inspection. Sec. 2-3-.11 2-3.10 Inspection and testing. The department receiving the supplies or equipment shall inspect the delivered items immediately upon receipt to determine conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests or any other tests deemed necessary of samples of deliveries which are necessary to determine their quality and conformance with specifications. Section 23.12 2-3.11 Surplus supplies and equipment. All departments shall submit to the Purchasing Officer at such times and in such forms as he prescribes, reports showing which are no longer used or which have all supplies and equipment PPg become obsolete or worn out. The Purchasing Officer may sale, dispose, exchange or trade in on new supplies and equipment all supplies and equipment which cannot be used by an agency or which have become unsuitable for City use. a:ordinance #14 re r o;* #1 I o .�� RESOLUTION NO. 69-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING CITYWIDE PURCHASING PROCEDURES WHEREAS, a centralized purchasing system is necessary to establish efficient procedures for the purchase of supplies and - equipment, to secure supplies at the best price, to exercise positive financial control over purchases and to define authority and responsibility for the purchasing function. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO: Section One: That the attached Procurement and Purchasing Manual is included as a part of this resolution and is hereby approved, effective immediately upon adoption of this resolution. On motion by Councilperson , seconded by Councilperson, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney a:procure #3 PROCUREMENT � AND PURCHASING MANUAL • AUGUST , 1992 • PROCUREMENT AND PURCHASING MANUAL TABLE OF CONTENTS Procedure Page 1. Basic Purchasing Procedures . . . . . . . . . . . . 1 2. Formal Bidding Procedures . . . . . . . . . . . . . . . 5 - 3. Centralized Purchasing Procedures . . . . . . . . . 7 4. Contracting Procedures . . . . . . . . . . . . . . 8 5. Signature Authorization Procedures. . . . . . . . .12 6. Special Purchasing Incentives . . . . . . . . . . .13 7. Public Works Bidding . . . . . . . . . . . . . . . . 15 8. Fixed Assets Procedures . . . . . . . . . . . '. . . . _. 19 9. Petty Cash/Credit Card Procedures . . . . . . . . .21 10. Budget Administration Procedures. . . . . . . . . .23 11. Travel and Training Policy and Procedures . . . . .27 12. Employee Recognition Policy and Procedures. . .31 a:tblecont #14 .0�;0 CITY OF ATASCADERO BASIC PURCHASING PROCEDURES Section One: Objectives 1.1 To encourage the most economical method of procuring goods and services. 1.2 To define the roles and responsibilities of the various departments involved. 1.3 To assure proper documentation of purchases, consistent with Generally Accepted Accounting Principles (GAAP) and State and local laws. 1.4 To assure purchases are made within the constraints of approved budgeted appropriations. Section Two: Departmental Responsibilities 2. 1 To submit completed forms on a timely basis, with all necessary documentation, in order to requisition items through the Purchasing Office. 2.2 To provide additional documentation, generally in the form of a memo, in the event of a reasonable variation from these procedures. 2.3 To utilize open and competitive bidding procedures to gain the best price. 2.4 To review the status of Departmental budgets. Section Three: Finance (Purchasing Office) Responsibilities 3. 1 To facilitate Departmental operations as they relate to purchasing, while considering the objectives set forth above. 3.2 To process paperwork in a timely manner. 3.3 To supply Departments with confirmation of purchases on an individual and summarized basis. 3.4 To establish detailed procedures implementing these general directives and to provide the necessary training to assure their proper implementation. 3.5 To monitor exceptions to these procedures in order to identify possible training needs or procedural problems. UPDATED: 892 -1- 3.6 It is not Finance' s responsibility to challenge Departmental purchases, except as spelled out in these procedures or other established City policies. Section Four: City Manager Responsibilities 4. 1 The City Manager is responsible for assuring Citywide purchasing procedures are complied with, and will resolve any dispute that may arise between Finance and any operating Department(s) . Section Five: Purchases Under Five Hundred Dollars 5. 1 Purchases under $500.00, but not with a routine vendor, do not require competitive bidding. Departments are given considerable discretion in these purchases. 5.2 The dollar limit is $500.00 per item. If the item consists of several components that typically are sold as a set, the $500.00 limit applies to the total value of all the components. 5.3 Departments will submit a requisition to Finance for the items or services needed, indicating the recommended vendor. Finance will check the requisition for compliance with established City procedures and issue a Purchase Order to the respective department. It will then be the Department' s responsibility to acquire the item or service, and submit the bill to Finance for payment. 5.4 Unless exceptions exist, Finance will process the requisition within two working days. In the event of an emergency, a Department Head may purchase an item under $500.00 without an approved Purchase Order. In this instance, a brief explanation in writing will accompany the bill for payment. Section Six: Informal Bidding 6.1 Informal bidding is used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding. 6.2 Informal bidding is to be used to purchase items greater than $500.00 and less than $7,500.00. Informal bidding should also be used for items under $500.00 when several vendors are available for comparison shopping.' 6.3 Use the standard Purchase Order (Requisition) form for the actual requisition (Exhibit A) ; use the Request for Quotations form to solicit bids (Exhibit B) . UPDATED: 8/92 -2- 6.4 Procedures (a) If the item to be purchased is a minor capital outlay, then there should be prior authorization. This is assured either through the annual budget process or by the City Manager, subject to verification by Finance that sufficient appropriations exist in the Department's budget. (b) The Department receives at least three bids either in writing or over the phone. If over the phone, note the date and time of the call, and the person' s name that gave the quote. (c) Based on the bids received, the Department identifies the most responsive bid. The Department prepares a requisition, recommending the selected vendor. The remaining bids and any other supporting documentation shall be attached to the requisition, and routed to Finance. (d) Finance will check the requisition for compliance with established City procedures and issue a Purchase Order to the respective Department. It will then be the Department' s responsibility to place the order. Unless exceptions exist, Finance will process the requisition within two working days of receipt. (e) Items are generally shipped to the Department, with the invoice mailed directly to Finance. This expedites the bill-paying process. Once the item has been received, the Department is to acknowledge receipt and approve the invoice for payment. Section Seven: Open Purchase Orders 7.1 Open Purchase Orders- establish a "line of credit" with vendors that Departments do business with on a regular basis. As such, they facilitate the purchase of routine items while reducing the amount of paperwork involved. 7.2 Open Purchase Orders can be used for items up to $500.00. 7.3 Use the Open Purchase Order form to encumber funds with each vendor. (Exhibit C) . The form establishes the maximum amount of the order, the typical items to be purchased, the maximum amount of any one item purchased; the authorized individual(s) who can sign for purchases, and finally, terms and conditions for payment. UPDATED: 8/92 -3- 7.4 Procedures (a) The Department prepares the Open Purchase Order form and routes to Finance. (b) Finance processes the order; encumbers the funds and sends confirming copies of the P.O. to the Department and the Vendor. (c) Authorized employees make purchases and turn the receipts in to their Departments. (d) The Department reviews the receipts to verify that the purchase was appropriate and that the Purchase Order and account number are on the receipt. The receipts are then forwarded to Finance. (e) Finance reconciles the receipts to the vendor's monthly statement and makes payment. (f) A monthly Outstanding Encumbrance Report is distributed to the Departments to review their Open Purchase Order (and any other encumbered) balances. (g) In the event a particular Open Purchase Order balance is too low for further use, or if a remaining balance exists at the end of the fiscal year, the Department will so note and sign off its original confirming copy. The copy will be sent to Finance so the encumbrance can be released. As necessary, the Department will then prepare a new Open Purchase Order. Section Eight: Minor Bills/Ongoing Expenses 8.1 Items that cannot be purchased under the procedures above, or ongoing expenses for utilities or services (such as telephones, service agreements, etc. ) do not require a Purchase Order. The bill or invoice should be forwarded to Finance with an authorized signature and account number to charge. 8.2 If there is any doubt as to whether a specific item or service should be requisitioned or purchased outright, the Department should contact Finance directly. UPDATED: 8/92 -4- CITY OF ATASCADERO BASIC FORMAL BIDDING PROCEDURES Section One: Objectives 1.1 Formal Bidding is designed to assure all possible vendors are given the opportunity to bid on major City purchases, thereby assuring the City that it has received the most competitive price. The formal process generally takes mord time and expense than informal bidding, and in some instances, may actually not be the most cost-effective approach. Section Two: Procedures 2.1 Formal bidding is required for the purchase of items over Seventy-five Hundred Dollars ($7,500.00) . As with informal bidding, items under $7,500.00 may also be formally bid. In addition, items that are logically sold as a set should not be bid separately only to avoid formal bidding. 2.2 Formal bidding requires use of a Notice to Accept Bids form, a description of the product specifications, and the actual bid form itself (Exhibit A) . After the bidding process is complete, a standard Purchase Order form will be used to encumber the amount of the purchase. 2.3 Step-by-Step Procedures (a) The Department has, or receives, authorization to purchase an item requiring formal bidding. (b) The Department prepares the specifications for the product. (c) The specifications are routed to Finance for non- technical review. This involves reviewing insurance requirements, terms of payment, and other standard language/format. As appropriate, the City Attorney may also review the specifications. (d) Finance will work with the City Clerk to facilitate the bidding process. This includes assigning a bid number, assuring legal notices are done in a timely manner, all interested bidders have been notified and any other advertising that may be appropriate. Departments are encouraged to supply as many potential vendor names as possible. (e) Sealed bids will be mailed or delivered to the City Clerk only. Faxed bids are not acceptable. UPDATED: 8/92 -5- (f) After the deadline, the City Clerk will open the bids, • tabulate the results and forward the information to Finance and the appropriate Department. (g) The Department Head will prepare a report, to Council recommending the most responsive bidder. Generally, this is the lowest bid. However, there may be circumstances which warrant someone other than the lowest vendor. These circumstances will be explained = in the Department's report to Council. (h) Upon Council's award, the Department Head will prepare a purchase order requisition and attach a, copy of Council's award of bid, and route to Finance for encumbering of funds. Once encumbered, the purchase order will be routed back to the requesting department for further processing/ordering. 2.4 When preparing a Request for Proposal (RFP) or a formal bid, include a brief statement of what the Department is expecting as a finished product or service. Include a description of the current inventory or other conditions within the department, as appropriate. When developing specifications, care must be taken that, on the one hand, they are not so specific that only one vendor ',could qualify, while on the other, they are not so broad that a meaningful comparison between two or more vendor' s product is impossible. Section Three: Exceptions to Formal Bidding 3. 1 In emergency situations where time is of the essence. However, immediately after the emergency, the appropriate Department Head shall prepare a memo to Council explaining the emergency. 3.2 Only one known supplier is available. In this situation, the appropriate Department Head shall prepare 'a report for Council approval requesting an exemption from the formal procedures. 3.3 There exists other governmental contracts that were competitively bid (such as the State Vehicle Contract) that the City is eligible to use, in lieu of a formal bid. 3.4 There are extenuating circumstances that would make formal bidding not the most cost-effective approach. This often relates to qualitative or artistic issues. The appropriate Department Head shall prepare a report to Council, explaining the circumstances. a:bidding UPDATED: 8/92 CITY OF ATASCADERO CENTRALIZED PURCHASING Section One: Policy 1.1 The purchase of certain office products and services are more economically acquired if the purchase is centralized. Such a policy encourages volume discounts, the development - of evelopmentof expertise regarding the products and services, and the ability to identify the most cost-effective suppliers. Section Two: Procedures 2.1 The Finance (Purchasing) Office will continue to develop and maintain a catalogue of office supplies, products, equipment and services that are to be centrally purchased. 2.2 On a quarterly basis, departments are to submit requisitions for all applicable office products and supplies expected to be needed during the next quarter. These requisitions• will be consolidated in order to gain the best price. Once delivered, the items will be routed to the respective departments. Each Department shall be charged for its share of the order. 2.3 During the quarter, requisitions may be submitted to restock any office supplies provided by Purchasing. As with the quarterly requisition, departments will be charged for the supplies they order. 2.4 Items may be added or removed from the catalogue, based on either requests from departments or upon a review and analysis by Finance. a:centralized #14 UPDATED: 8/92 _7_ t7LII 1{ i- CITY OF ATASCADERO CONTRACTING PROCEDURES Section One: Objectives 1. 1 To assure that the best price and terms are negotiated for the use of consultants and/or contractors. 1.2 To provide uniformity in contract language to .best protect the City's interests. 1.3 To supplement other City procedures as they relate to the handling of contracts and professional services. Section Two: Policy and Definition 2. 1 Professional and other contract services should be used when it in the City's best interests, such as when outside professionals will be less expensive than in- house staff; a project or study is of a limited - duration, not warranting permanent staff; or existing staff is unavailable to undertake the project or lack the expertise and/or ability necessary. The use of outside professional services should be related to Council-approved policies or projects. 2.2 Professional Services shall include, but not be limited to, those services by independent contractors, such as architectural, consultant, design, engineering, environmental, economic, financial, planning or other services requiring specialized abilities. Section Three: Use of Standard Contract 3.1 The Standard Contract Form (Exhibit I) , as revised from time to time, will be used by each department when negotiating a contract for professional services. 3.2 Instructions for completing the form a. All blanks are to be filled in and all applicable exhibits completed and attached. b. The date executed is the date the contract will go to the City Council for approval (or the date signed by the appropriate manager, if Council approval is not required) . C. Regarding Section 2.05 - Insurance - ',use the guidelines of Exhibit II (Insurance Standards) , or UPDATED: 8/92 -8- check with the Risk Manager for specific insurance requirements. d. Regarding Section 4.01 - Termination On Notice - determine if the time line should be 30, 60 or 90 days. Check with the City Attorney if in doubt. e. Regarding Section 4.04 - Termination - this is optional and would only be used in particular instances where a specific termination date is desired or necessary. f. Regarding Section 5.00 - Special Provisions -- this is also optional and would be used when peculiar or specialized abilities are required. 3.3 If the contract has extraordinary specifications or there are unusual circumstances involved in the contract, consult the City Attorney beforehand. See also section 6.1 of this procedure. Section Four: Bidding Procedures 4. 1 The appropriate Department is responsible for developing specifications. A copy of the draft contract is to be included as part of the Request For Proposal (RFP) or bid package. 4.2 If the anticipated cost is under $10,000, informal bidding procedures may be used, which involves soliciting at least three (3) quotes, either by phone or in writing. If the quote is received over the phone, the price, terms, date and time of the call, and the person making the quote must be noted on the Request for Quote Form. 4.3 Formal bidding is required for services expected to exceed $10,000. Standard Formal bidding procedures shall apply. 4.4 For Service/Maintenance agreements related to unique or customized services, such as computer software, or to protect warranty provisions, it may be necessary to utilize a specific vendor. In such instances, formal or informal bidding would not apply. The standard contract would still be used, and a written explanation for use of a single source shall be attached to the contract. All other provisions of Section 5. 1 shall be complied with. If the value of the contract exceeds $10,000 approval by Council shall also be required. If the standard contract is unacceptable to the vendor, the City Attorney should be consulted. UPDATED: 8/92 -9- (1 ;a1�111 • 't 4.5 If the contract involves a Public Works Project, the existing Public Works Projects procedures shall apply. Section Five: Awarding the Contract 5. 1 Instructions for informal bidding a. Department Head prepares the contract and obtains a contract number from the City Clerk. All supporting documentation (e.g. , other quotes) shall be included. b. The Department Head (or City Manager) approves the contract and signs at least two (2) originals. C. Once the vendor has signed both copies, they are routed to the City Clerk, who will certify both documents. One original will be forwarded by the City Clerk to the vendor; the second will be kept on file with the Clerk. d. A copy of the fully executed contract will be routed to the appropriate Department and '';to Finance. 5.2 Instructions for formal bidding a. Once all bids have been received and the Department Head recommends a specific vendor, he/she will obtain a contract number from the City Clerk and prepare two original contracts. The vendor should sign both documents prior to submitting the item for Council approval. b. In addition to the vendor, the City Attorney, Finance Director and City Manager (as appropriate) shall review and sign both copies of the contract, prior to Council action. C. If Council makes the award, the City ,Clerk will have the Mayor sign both copies, certify both copies and send one original to the vendor. The City Clerk will then route a copy of the fully executed contract to the appropriate Department Head and to Finance. Section Six: Special Circumstances 6. 1 Under unusual circumstances, or when a new service is being contracted, a team approach towards negotiating the agreement should be used, which would involve a variety of individuals, such as the Finance Director, Department Head and City Attorney, as appropriate. • UPDATED: 8/92 -10- 6.2 When an Environmental Impact Report (EIR) is required, the proposal will be reviewed by Council' s Finance Committee. a:contract #14 i UPDATED: 892 -11- EXHIBIT A Contract No. AGREEMENT FOR SERVICES OF CONTRACTOR' or CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between - , a , hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:. 1:00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary ' to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor' s ', assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor' s sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. Revised 6/92 1 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and in- strumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor' s employees and agents have no right to work- er's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits,. where required by law, for Contractor' s employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor' s employees or agents. 2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor' s or any of Contractor's employees' or agents' operations under this agreement, whether such opera- tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: Revised 6/92 2 ti a. Public -Liability and Property Damage Insuarance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from- claims for property damage which may arise from Contractor' s or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by contractor and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $ for injuries, including, but not limited to death to :any one person and, subject to the same limit for each person, in an amount not less than $ on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $ for damage to the property of each person on account of any one occurrence. ve Automobile Liabilit (3) Comprehensi y Bodily injury liability coverage of $ for each person in any one accident and $ for injuries sustained by two or more persons in any one accident. Property damage liability of $ for each accident. (4) Worker's Compensation insurance. In the amounts required by law as set forth in Section 2.03 above. b. Deductibles and Self-Insured Retentions: ' Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. Revised 6/92 3 i�tJ1�e = C. Proof of Insurance. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall cer Y P insured with the Contractor. 't as an additional. .. name City 3.00 OBLIGATIONSOFCITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish space for use by the Contractor while performing the services described.in " " b "Exhibit D here this agreement only as set forth in Sx , Y is ' incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other pro-. vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least ,(30)(60) (90) days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the (30) (_60) (90) days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. Revised 6/92 4 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice ofltermination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on unless extended as set forth in this = Section. The City, with the agreement of the (Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 5.00 SPECIAL PROVISIONS (Optional) 6.00 MISCELLANEOUS 6.00 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.01 NO WAIVER: The waiver of any breach by ,any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 6.02 ASSIGNMENT: This agreement is specifically not assignable .by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and 'is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. Revised 6/92 5 6.04 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of = the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act. 6.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required -or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue tascadero A , CA 93422 Attention: ( Department j B. (Contractor) 6.06 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. binding 6.07 BINDING EFFECT: This agreement shall be bg on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. Revised 6/92 6 • 6.08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rulemaking act to be either invalid, void or unen- forceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by', the holding, legislation or rule. 6.09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with = respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6. 10 TIME: Time is expressly declared to be of the essence of this agreement. 6. 11 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.12 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this 'agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party ',shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6. 13 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. Revised 6/92 7 Executed on , 199_, at Atascadero, California. Attest: CITY OF ATASCADERO By. LEE RABOIN ALDEN F. SHIERS City Clerk Mayor Approved as to form: By: ART MONTANDON, Contractor City Attorney Approved as to form: MARK JOSEPH Administrative Services Director Revised 6/92 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE (CONTRACTOR) (CONSULTANT) Contractor shall provide consultation and professional management services to City as follows: Revised 6/92 9 EXHIBIT 8 CONSIDERATION FOR SERVICES . Contractor shall be paid as follows: 1 i i Revised 6/92 10 . EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY THE CITY Revised 6/92 11 EXHIBIT D PLACE OF WORK Revised 6/92 12 Exhibit B: Insurance Standards Policy: The general policy when negotiating insurance requirements in a contract is to match coverage with the foreseeable risk, subject to certain minimum standards. Thus, a $1 million policy may be sufficient for a small construction job, but a $5 million policy may be required for a major Public Works project. The guidelines below cover routine exposures. Unusual circumstances should be approved by the City's Risk Manager, prior to a contract being either signed by the Contractor/Consultant or approved by the City. Guidelines: 1. Either a copy of the insurance policy should be forwarded; or a Certificate of Insurance supplied. If the latter, the Certificate should list any exclusions, limitations and deductibles. The City should always be listed as an additional insured, and an acknowledgement that the contractor' s insurance will be the primary provider. 2. The minimum amount of coverage should be $1 million per occurrence. Depending upon the riskiness of the project, a higher level may be required. 3. In order to obtain the Risk Manager's approval of an amount under $1 million, the Contractor/Consultant should be able to cite extenuating circumstances, other than financial hardship. 4. If professional liability (errors and omissions) Insurance is required, an additional clause in the contract should be included for this form of insurance. Coverage limits should be commensurate with the potential risk involved. Professional liability insurance is particularly important for project engineering and design. 5. The acceptability of the provider is also a consideration. Require that the Insurance Company have a Best Rating of A:VII or higher. The lower the rating, the higher the likelihood that the Insurance Company may not be able to pay a potential claim. 6. Once the contract is executed, any problems with the contract's implementation should be brought to the Risk Manager' s attention, in order to file a claim against the company. UPDATED: 8/92 CITY OF ATASCADERO SIGNATURE AUTHORIZATION POLICY • Section One: Objective 1.1 To establish procedures that will avoid the unauthorized expenditure of City funds. Section Two: Procedures 2.1 On an annual basis, each Department Head shall complete and forward to Finance, a Signature Authorization Form, identifying those employees approved by the Department Head to sign off on various financial, payroll and other administrative documents. The form shall be developed by the Finance Director and revised from time to time as needed. 2.2 The form shall identify specific Departments, Divisions or Programs, the employee's name and signature, and list specific documents each employee is -- or is not -- authorized to sign. The information may be updated on a more frequent basis, as circumstances warrant. It is the Department Head's responsibility to keep the information current. 2.3 Any documents missing the appropriate signature(s) will be returned to the originating department. Section Three: Guidelines 3. 1 Only Regular or Probationary City employees are authorized to sign off on documents obligating the City to expend public monies. Temporary or Volunteer employees, or individuals under contract with the City,Y, ma Y be able to acquire items (under an open purchase order) but any receipts must be countersigned by an authorized employee. 3.2 The number of authorized signatures should be kept to a minimum, to assure better control over departmental appropriations. Generally,, authorization should be limited to the Department Head, Division Managers and Supervisors. 3.3 In determining the level of authorization, the Department Head should give consideration to the possible consequences of the specific document. For example, Personnel Action Forms (PAF' s) affecting pay and benefits for employees should be reserved to a Department Head only. Authorization to requisition routine supplies, on the other hand, could easily be delegated to the supervisor or leadworker level. UPDATED: 892 -12- CITY OF ATASCADERO SPECIAL PURCHASING INCENTIVES Section One: Local Vendor Preferences 1. 1 Although no preferences are available for Public Works Projects, a two percent (2%) variance will be allowed for the purchase of operating equipment and supplies by vendors located within City limits. For services, a faster response time offered by a local vendor may be considered in making the purchasing decision. 1.2 When soliciting informal quotes, local vendors should be used whenever practical. Use of non-local vendors should be limited to those vendors with a clearly demonstrated advantage in terms of expertise, product, service and/or price. 1.3 Local Vendor is defined in a relative sense: a vendor located in Atascadero is more "local" than one from the North County. A North County vendor is more "local" than one from San Luis Obispo City. But a vendor from San Luis Obispo County is still more "local" than other counties or states. For purposes of the two percent variance, only businesses with an Atascadero address are eligible. Section Two-,- Recycling Incentives 2. 1 If all other factors are equal, the City will ''afford a five percent (5%) price variance for recycled supplies. This price break notwithstanding, Departments should still solicit informal quotes from three or more vendors, in order to assure the lowest prices. 2.2 Departments are encouraged to be creative in developing uses for reusable and/or recyclable products and supplies. 2.3 Operating considerations, such as the effect of recycled paper on photocopier efficiency, must be considered in using recycled materials, regardless of price. Section Three: Disadvantaged Business Enterprise (DBE) Incentives 3. 1 It is the City' s policy to encourage DBE vendors, particularly in Public Works projects. 3.2 The City shall maintain a listing of qualified DBE vendors, sorted by type of vendor. Appropriate DBE vendors shall be notified of any Public Works projects going out for formal or informal bid. UPDATED: 8/92 -13- .. 1 3.3 Public Works bid packages shall include a method to identify which contractors are qualified DBE contractors (either as prime or sub-contractor) . The dollar amount provided by the DBE contractors must also be included. Such information will be collected for purposes of monitoring the City' s efforts towards encouraging DBE vendors. An annual report to Council will be made, containing the summarized results of this information. a:incentives UPDATED: 892 -14- CITY OF ATASCADERO PUBLIC WORKS BIDDING PROCEDURES Section One: Policy 1.1 It is the City's policy to follow the Uniform Construction Cost Accounting Procedures for all Public Projects, and to comply with the procedures outlined in AMC 2-3A. _ Section Two: Definitions 2. 1 "Public Projects" means construction, reconstruction, painting or repainting, erection, alteration, renovation, improvement, demolition and repair work involving any publicly-owned, leased or operated facility. 2.2 "Maintenance" includes (a) Routine, recurring and usual work for the preservation or protection of any publicly-owned or operated facility; (b) Minor repainting; (c) resurfacing of streets and highways of less than one inch; or (d) landscape maintenance, including mowing,. watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems. 2.3 "Uniform Construction Cost Accounting" procedures are defined and clarified in the Cost Accounting Policies & Procedures Manual (the Cost Accounting Manual) of the California Uniform Public Construction Cost Accounting Commission, as revised from time to time. Section Three: Authorization to Proceed 3.1 Generally, Public Projects are identified and approved in the annual budget. As such, no formal authorization to proceed to bid is required. 3.2 An unbudgeted project must be reported to Council for authorization to proceed if: (a) The estimated cost exceeds $25,000; or (b) The nature of the project is sensitive enough to warrant Council review, as determined by' the City Manager. UPDATED: 892 -15- q J Section Four: Dollar Ranges 4.1 Projects under $25,000 may be performed by force account or purchase order. 4.2 Projects over $25,000 but under $75,000 may be informally bid, as set forth in these procedures or in AMC 2-3A. 4.3 Projects over $75,000 must be let by formal bid. Section Five: Force Account Work 5.1 For public projects estimated at under $25,000, the Public Works Director may use in-house labor or negotiate a contract with an outside vendor. In such instances, the Public Works Director will comply with the provisions of 'the Cost Accounting Manual. 5.2 The Public Works Director is responsible for tracking -the time spent on projects performed with in-house labor. The Finance Department is responsible for preparing the annual labor and equipment rates to be charged, pursuant to the Cost Accounting Manual. Section Six: Development, Maintenance & Use of List of Qualified Contractors 6. 1 The Public Works Director shall establish and maintain a list of qualified contractors, including those vendors qualified as Disadvantaged Business Enterprises (DBE) , as required under AMC 2-3A.04. This list will be used for informal and formal bidding purposes. The Public Works Director is also encouraged to utilize the list for projects under $25,000. Section Seven: Informal Bidding Procedures 7. 1 The Public Works Director shall follow the informal procedures outlined in AMC 2-3A.05 through 2-3A.07, including development of bid specifications, soliciting bids and meeting established time frames. 7.2 Any contract to be awarded under these Informal Bidding Procedures shall be awarded by Council. UPDATED: 8/92 -16- Section Eight. Formal Bidding on Public Projects 8. 1 Notice Inviting Bids - The Public Works Director shall prepare a notice inviting bids. Such notice shall include a general description of the project, state where bid blanks and specifications may be secured, the time and place for opening bids and any security deposits required. 8'.2 Advertising the Notice Inviting Bids - The notice inviting bids shall be published at least twice, not less than five (5) -days apart, in a newspaper of general local circulation at least ten (10) days before the date of opening of bids. The Notice will also be sent to all contractors on the list of qualified contractors, for the category of work being bid, and to any appropriate trade journals. The Notice will also be posted on a public bulletin board at City Hall. Other advertising arrangements may be used at the discretion of the Public Works Director. 8.3 Bid Opening - The Public Works Director shall 'require all bids to be sealed and identified by bid number. At the time and place specified, the Public Works Director shall open all bids, tabulate the results, and keep such tabulations open for public inspection during regular business hours for a period not less than thirty (30) calendar days after the bid opening. 8.4 Award of Contract - The Public Works Director 'shall prepare a report to Council recommending the most responsive bidder. Council shall make the award of contract. In its sole discretion, the Council may reject all bids and re-advertise for bids. In the event two or more bids are received for the same amount and such bidders are considered equally responsive, and re-advertising the bid is not in the public interest, Council may accept the bid it chooses. Upon award of the Contract, Public Works shall prepare a Purchase Order Requisition. Upon receipt, Finance will encumber the full amount of the award and return the approved Purchase Order. Public Works is responsible for initiating and managing the project thereafter. 8.5 Bidders Security/Performance Bonds - The Public Works Director may establish bidder's security and/or performance bond requirements as he/she sees fit. UPDATED: 8/92 -17- Section Nine: Change Orders . 9.1 In the event that a change order involving less than a five percent (5%) variance in either cost or time is required, such change order may be approved by the City Manager upon recommendation of the Public Works Director. 9.2 A change order in excess of five percent for either cost or time, must be approved by Council. Section Ten: Emergency Conditions 10. 1 In the event that the Public Works Director declares a public emergency, the Director may dispense with formal or informal bidding, in order to accomplish repairs and/or replacements as necessary. 10.2 The Public Works Director shall report the nature and extent of the emergency at the next Regular or Special Council session and seek direction as to whether repairs and/or replacements should proceed or if the appropriate bidding procedures should be used. Section Eleven: Delegation of Responsibilities 11. 1 The Public Works Director is responsible for overseeing the i Public Projects bidding process, including administration of contractor's lists and the uniform construction cost accounting process. However, such responsibilities may be delegated, in whole or in part, to other Departments and/or officials, if, in the Public Works Director' s opinion, such a delegation is in the City's best interests. The Public Works Director also reserves the right to oversee the performance of these delegated responsibilities and may rescind such delegated responsibilities as appropriate. a:pwprojects D: 8 92 - UPDATE / 18- • CITY OF ATAS CADERO FIXED ASSETS PROCEDURES Section One: Objectives 1.1 To assure the City's fixed assets are properly, recorded and accounted for. 1.2 To provide useful managerial and operational information regarding the City's fixed assets. 1.3 To provide an efficient means of disposing surplus City assets. Section Two: Procurement of Fixed assets 2.1 Departments are to follow standard budgeting and purchasing procedures in acquiring fixed assets. 2.2 As part of the procurement process, Finance will identify and record new minor capital outlays in the City's computerized fixed assets system. Any minor capital outlay over $500.00 will be 'considered part of the City's Fixed Assets, for Financial Reporting purposes (i.e. , the Annual Audit) . Section Three: Transfer of Assets 3.1 When an asset is transferred from one department to another, the transfer must be documented in writing with a copy routed to Finance. This will allow Finance the ability to maintain accurate records. The forms to be used will be established by Finance and made available for Departmental use. 3.2 If the transfer is across funds, the depreciated value of the asset may also be required from the receiving fund, as payment for the asset. Section Four: Disposal of Assets 4. 1 When an item is no longer needed or worn out or obsolete, the Department Head will notify Finance in writing. The asset may be stored at a central location for safe-keeping. 4.2 Finance will maintain a list of surplus items. At least on a quarterly basis, Finance will circulate the list to allow departments to use any surplus items, as appropriate. If an item is needed, the affected department will request the item be transferred to that Department. Finance will update • its records accordingly. UPDATED: 892 -19- 4.3 At least annually, Finance will arrange for an auction to dispose of surplus items. Prior to the auction, the list of items to be sold will be distributed to Departments. At the same time, Departments will be requested to surplus any items that are no longer needed or used. Departments are expected to note the approximate value of the surplused items, which will be used as a minimum bid for the item at the auction. 4.4 City employees will be allowed to participate in any auction sales, provided they are conducted by non-City employees. 4.5 Once the item has been sold, Finance will update its records and deposit the proceeds into the fund that last owned the asset. Section Five: Annual Inventory of Fixed Assets 5.1 Each year, Finance will prepare a listing of all assets by Department and category. Each department will be responsible for verifying its assets or note any discrepancies. 5.2 Finance may conduct spot checks to validate information received. As warranted, Finance may also conduct targeted inventory checks -- such as, verifying certain categories of assets are properly documented. a.fixedassets #14 UPDATED: 8/92 -20- • :%tilt+�f '• . CITY OF ATASCADERO PETTY CASH/CREDIT CARD PROCEDURES Section One: Objectives 1.1 To facilitate the purchase of minor items without a great deal of paperwork or costs. Section Two: Procedures 2. 1 If the employee purchases an item and needs reimbursement, a Petty Cash Slip shall be completed with the receipt attached. 2.2 The Petty Cash Slip must be approved by the appropriate Department Head, contain the account number to, be charged and should include a brief description of the purchase. 2.3 An employee may request a petty cash advance up to $25..00, or the estimated amount, whichever is less. Prior to receiving the advance, the employee must submit a properly completed Petty Cash Slip, including the amount requested and Department Head approval. After the purchase, the employee will adjust the Petty Cash Slip to reflect the actual amount spent, attach the receipt and return any change. 2.4 Any petty cash purchase over $25.00 shall be approved by the Finance Director. Section Three: Petty Cash Box 3. 1 Petty Cash boxes are to be limited to one per ,site, whenever practical. The Finance Director is responsible for assigning petty cash boxes. A Petty Cash Box may be removed from a site, if, in the Finance Director's opinion, it is in the City's best interests. 3.2 Proceeds from the petty cash box are for City 'purposes only. Petty cash is not to be used for cashing personal checks or to be loaned out for personal purchases. 3.3 Any Department with a Petty Cash Box is responsible for reconciling cash to receipts on at least a monthly basis. Any irregularities shall be reported promptly in writing to the Finance Director. A petty cash box may be audited by Finance from time to time, with or without advance notice. UPDATED: 892 _21_ R tMisc � r Section Four: City Credit Cards 4.1 The City Credit Card is generally to be used to facilitate out-of-town travel (e.g. , hotel reservations) or to pay for work-related business meals. Charges on the City's Credit Card shall not include alcoholic beverages, items or services of a personal (non-City business) nature, or items otherwise available through normal purchase order procedures. 4.2 A City Credit Card will be issued to the Mayor and the City Manager. Any remaining cards will be kept in Finance, and checked in or out through Accounts Payable. 4.3 Charge Slips are always required; the slip should note who was present (if a work-related meal expense is involved) , a brief description of the expense, the account to be charged and an authorized signature. 4.4 City payment for "working" meals should be kept to a minimum. A clear City benefit should be present, such as providing a lunch for personnel interview panelists, or if the meal is part of an ongoing, inter-agency committee (e.g. , the Mayor-Manager Meetings, City Manager meeting, etc. ) . Generally, meals should be paid for by the employee with a request to be reimbursed. a:petty cash UPDATED: 892 • -22- CITY OF ATASCADERO BUDGET ADMINISTRATION PROCEDURES Section One: Policy 1. 1 It is the Council' s intent to adopt an annual budget on or before June 30 of each year. Once adopted, Council action is required to make any adjustments to a Depar'tment' s total appropriation. In the event Council is unable to adopt by-- June y-June 30, then an interim budget shall be passed, in order to continue day-to-day operations. 1.2 Although formal control in the sense of total 'dollars allocated for any given Fiscal year is at the 'Department level, effective budget administration requires line-item level review. Such review will enhance the overall accuracy of the budget and assist in assuring that the '"bottom line" budget total is not exceeded. In addition, effective budget administration should provide the opportunity for careful consideration of significant, but unbudgeted, expenditures, generally due to extenuating circumstances (i.e. , a major emergency) . In these cases, alternatives to increased appropriations should be explored, such as deferring other expenses. • 1.3 Items should always be charged to the most appropriate department and account. If sufficient funds are not available in any particular account, funds may be transferred from elsewhere within the Department' s budget. Section Two: Functional Responsibilities 2.1 City Manager - It is the City Manager's role to oversee the budgetary process and to review, recommend, and, in some instances, approve expenditures. In assuming this responsibility, the City Manager should consider the needs of the affected department as well as the City's overall financial condition. 2.2 Department Heads - It is the Department Head's responsibility to review their monthly expenditures to assure that they are within their appropriation limits at both the account and Departmental levels. In addition, when unanticipated expenses occur, the Department Head is responsible for preparing the necessary paperwork to justify the additional costs, explore alternatives, and/or identify available appropriations and their sources. UPDATED: 8/92 -23- 2.3 Finance Director - It is the Finance Director' s job to provide assistance to Department Heads in budgetary matters. In addition, the Finance Director is responsible for coordinating the annual budget preparation process and for providing timely and accurate expenditure reports (printouts) . Section Three: Budget Adjustments Approved by Council 3.1 Post-Audit Adjustments - After the annual audit is complete, staff will propose technical adjustments relating to the audit findings. Such adjustments may include reappropriating the prior year's encumbrances; increasing or decreasing appropriations if such appropriations were based on actual, as opposed to projected, year end fund balances; or budget adjustments due to projects carried over. This adjustment is generally in October or November. 3.2 Midyear Budget Adjustments - Generally in February, Departments will assess their operating budgets and confer with the City Manager prior to Council review. At this time, unbudgeted items approved by Council during the year are formally appropriated. 3.3 Year-end Budget Adjustments - This is basically the same process as the Midyear adjustments, only conducted in May or June. 3.4 Informal Budget Adjustments - During the fiscal year, Council may approve appropriation transfers (between Departments or implicitly from a Fund' s Reserves) as part of its approval of a new service or expenditure. In these cases, the City Clerk's Minute Order will constitute authorization to Finance to transfer the funds. Section Four: Budget Adjustments Within Departments 4. 1 Appropriations Transfer Requests - When a specific account within a Department exceeds its budgeted limit, the Department Head will prepare a brief memo outlining the account numbers and amounts to be transferred and forward it to Finance. Appropriations are to be transferred from within the same Department. Upon receipt, the Finance Department will prepare a journal entry to transfer the funds, effective for the month in which the request was received. In order to facilitate the process, Departments are encouraged to contact the Finance Department in advance to discuss the pending transfer. UPDATED: 892 -24- , In the event there are insufficient monies available in the • specific Department, the appropriate Department Head will prepare a memo to the City Manager outlining the nature of the problem and the additional amount required. A copy of the memo is to be sent to the Finance Director. 4.2 Unbudgeted Minor Capital Items - When an unbudgeted minor capital item over $500 is needed, the Department shall prepare a Minor Capital Outlay Request (Exhibit A) for the -- City he -City Manager's review and approval. An appropriations transfer request should accompany the request, if necessary. Upon approval by the City Manager, the form(s) ' will be transferred to Finance for processing. As with operating transfers, Finance should be contacted in advance to discuss the items. 4.3 Unbudgeted Staffing - Whenever any unbudgeted permanent or" temporary staffing is requested, the appropriate Department shall prepare a New Position Request form (Exhibit B) and forward it to the City Manager for review and approval. An appropriations transfer request may also be required and should be included with the request. Unbudgeted staffing should be infrequent and avoided if possible. Examples where such staffing might be appropriate include use of temporary staff to cover extended vacancies or absences, or changing an existing but vacant position during the fiscal year, rather than simply recruiting the same classified position. Unbudgeted staffing requests should be discussed with both Finance and Personnel before submitting the request to the City Manager. 4.4 Substantial, but unanticipated, expenses - When unforeseen expenses occur that are likely to exceed a Department budget, the Department Head shall document the situation in a memo to the City Manager, with a copy to the Finance Director. Such a memo shall be prepared as soon as possible. Examples of unforeseen expenses include legal costs associated with lawsuits, or costs associated with major fires, or other sudden increases in workload. A budget adjustment by Council may be requested, although other alternatives should be considered, such as deferring or eliminating other purchases, leaving vacant positions temporarily unfilled, etc. UPDATED: 892 -25- Section: Budget Adjustments for Capital Projects 5. 1 In contrast to operating budgets, Capital budgets are controlled at the account (or project) level. This is due to the fact that the entire project is only accounted for at the line-item level. 5.2 In the event a Capital Project is expected to exceed its budget, the responsible Department Head is to identify additional monies. Such monies can only come from,the reserves of the same fund(s) , or by deferring or eliminating other projects paid from the same fund(s) . For example, a project paid from Gas Tax monies that needs additional appropriations must look to the same Fund for the extra money. It cannot receive its augmentation from other sources, even if those sources have sufficient reserves. The reason for this is that most funds have restricted uses and commingling is prohibited. An exception is the General Fund, although it is usually the most constrained in terms of available reserves. 5.3 Appropriation transfer requests for Capital Projects will be handled in the same manner as operating transfers. Section Six: Processing Deadlines 6.1 Appropriation Transfer Requests - Requests received by the last day of the month will be posted to that month. This applies to transfers within a Department and those authorized by Council. 6.2 General (Non-Emergency) Expenditures - The deadline for ordering general operating goods and services is on or about May 31 of each fiscal year. This allows time for items to be received and paid for. It reduces the need to reappropriate funds that were encumbered in one year but expended in the next. Certain routine items, such as utilities or monthly service agreements, will be processed as usual. Open Purchase Orders are also exempt. Extenuating circumstances (such as emergencies or dated materials) may be considered as appropriate. a:bud-adm-proc $4 -26- UPDATED: 892 • <�'�il rt rim CITY OF ATASCADERO TRAVEL AND TRAINING POLICY Section One: Objectives 1. 1 To reimburse employees and elected or appointed officials for their reasonable and necessary expenses incurred in the conduct of business for the City. Reimbursement for such = expenses shall be made subject to these procedures. 1.2 To insure that employees traveling at City expense show good judgement and proper regard for economy in incurring expenses. 1.3 To encourage low cost training efforts by either pooling resources among departments or between other public agencies, bringing trainers on-site, or taking advantage of group discounts for training. Section Two: Travel Guidelines 2.1 Department Heads shall make every effort to anticipate and identify travel expenses so that such expenses will be included in the annual budget. They are expected to ensure that budgeted travel expenses are not overrun throughout the • course of the fiscal year. 2.2 Unbudgeted travel, travel outside of California, or other unusual travel arrangements, will be discussed with, and approved by, the City Manager, provided sufficient monies are available within the affected Department's budget. 2.3 When more than one person is attending the same function, the most economical travel and lodging for the total group will be used. The number of attendees shall be held to the minimum necessary to accomplish the travel's purpose. 2.4 In the event a scheduled trip is canceled, it is the employee' s responsibility to make all the necessary arrangements to cancel reservations and receive all available refunds. Failure to do so, may result in directly charging the employee for the expenses incurred by the City. Section Three: Documentation of Expenses 3. 1 All reimbursable expenses shall be properly submitted on a travel expense form. If lodging accommodations are shared between two or more employees, the billing shall be submitted by the employee paying the bill. Expenses shall be charged to the appropriate department(s) . UPDATED: 892 -27- 3.2 All applicable receipts shall be attached to the travel expense form. Any non-routine claims for reimbursement shall be accompanied by a brief explanation in writing. 3.3 The completed travel expense form shall be approved by the Department Head prior to being turned in to Finance for processing. Section Four: Travel Advance 4.1 If required, travel advances must be requested in writing by the employee and approved by his/her department head. The request must identify all known or anticipated costs, and must be submitted in a timely manner; i.e. , so that the request may be included in a regular accounts payable check run. 4.2 The amount of the request will be determined based on the following formula: 100% of all known costs, such as registration, lodging or air fare; 80% of all remaining costs, such as per diem, mileage reimbursement and/or incidental expenses. 4.3 After the travel, the employee shall submit a regular travel expense form to receive any balance due or amount owed. Such submittal shall include all documentation (i.e. , receipts) to support the total amount paid to the employee. 0 Section Five: Eligible Expenses 5. 1 Registration - Any fees for conventions, conferences and seminars will be considered eligible for reimbursement (if not prepaid) . 5.2 Transportation - The most economical and expeditious form of transportation shall be used. a. Travel b rail or air - Only tourist class rail or air Y Y fare is appropriate. Any discount arrangements (such as frequent flyer miles) shall be the property of the City and not the employee. b. Travel by City Car - Only City employees, City Officials or other persons authorized by the Department Head shall be permitted to travel in City-owned vehicles. Reimbursement will be made for any repairs, fuel, oil, parking and other necessary expenses for the use of the City car, provided a paid receipt is included with the request. UPDATED: 8/92 -28- 5.2 (Continued) C. Travel by Private Car - Reimbursement will be made at .28 per mile. If private car costs are greater than other methods of transportation, the least expensive total will be reimbursed. No reimbursement will be made for any repairs, except for reasonable towing expenses (such costs are covered in the mileage rate) . 5.3 Lodging - a. The City will pay reasonable costs associated with the conference-recommended lodging accomodatipns, at the rate of a standard single room, or the government rate, whichever is lower. b. Expenses for spouses are not allowed. When a spouse attends a conference with an employee, only lodging at the single rate (if applicable) will be reimbursed. 5.4 Meals/Per Diem - a. In order to facilitate meals, gratuities,'', phone charges and other daily expenses, a per diem rate of $35.00 is established. No receipts are necessary. In the event partial days are involved, the per diem rate shall be prorated as follows: * Breakfast - $5.00 * Lunch - 10.00 * Dinner - 20.00 b. In high cost-of-living areas (such as San Francisco) , a per diem rate of $70.00 shall be permitted, provided the costs are supported by receipts. Prior City Manager approval is required for the higher per diem rate. C. In the event the conference registration includes meals, the per diem rate may be adjusted, based upon the prorated amounts in 5.4 (a) . 5.5 Incidental Expenses - The following items are eligible for reimbursement: *Parking Fees (over $5.00 per day requires a receipt) ; *Safe arrival personal phone call (not to exceed five minutes) ; *Car Rental, when it is more practical and/or less expensive than the use of taxi cabs, other public transportation or UPDATED: 8/92 -29- hotel-supplied transportation; *Cab Fare, while on City business; *Business Phone Calls; *Toll bridge expenses. Section Six: Ineligible Expenses 6. 1 The following items shall not be reimbursed: *Costs for entertainment (unless part of a banquet _ticket or conference registration) ; *Travel paid by another organization; *Alcoholic beverages; *Valet services (unless it is a part of the hotel's parking arrangement -- i.e. , it is not an optional service) ; *Meals or lodging accommodations for family or guests; *Non-business related tour bus fares or sightseeing tours; *Personal phone calls (except as covered in 5.5) ; *Mileage if traveling as a passenger in a privately owned vehicle; *Trip insurance; *Any vehicle moving violations; parking violations may be reimbursed only by the City Manager's approval, based upon extenuating circumstances; *Any other personal expenditures for entertainment, recreation or other purposes. Section Seven: P.O.S.T. Training 7. 1 For courses funded by the State Peace Officer Standards and Training (P.O.S.T) Commission, restrictions currently in effect shall govern expenditure limitations for meals and lodging (See the P.O.S.T. Administrative Manual) . 7.2 When preparing reimbursements from P.O.S.T. , a copy of the reimbursement request shall be forwarded to Finance to track the receivable (or the request may be prepared by Finance directly, based upon information and receipts supplied by the Police Department) . a:travel #14 UPDATED: 8/92 -30- • CITY OF ATASCADERO • EMPLOYEE RECOGNITION/CONDOLENCES Section One: Objectives 1. 1 To provide a means of recognizing employee's efforts and/or offering concern for the employee's well-being, or the well- being of the employee' s immediate family, while at the same time acknowledging the sensitivity of using City monies for such purposes. Section Two: Citywide Recognition Events 2. 1 Certain annual events, such as an employees' picnic or Thanksgiving Luncheon, help to foster morale and team spirit and should be encouraged. Release time to plan and organize such events is approved, subject to review by the City Manager or his/her designee. 2.2 Councilmembers, the City Manager and Department Heads are strongly encouraged to financially contribute towards 'such events, with participating employees contributing other items, such as food and drink. Section Three: Employee Condolences 3. 1 Certain events in an employee's life, such as a death in the family, emergency hospitalization of the employee or his/her immediate family, or (in a positive vein) the 'birth of a child, should be acknowledged in a thoughtful ',manner. Flowers or other arrangements are an appropriate way in which the City can show its concern. 3.2 The City Manager is authorized to approve an appropriate expenditure of City monies for such purposes upon the recommendation of the affected Department Head. Expenditures will be charged to that department. Section Four: Routine Employee Recognition 4.1 Recognizing certain ongoing events, such as employee birthdays, employment anniversaries, promotions or retirements, may be appropriate. 4.2 A reasonable amount of release time for planning such activities may be used, but direct use of City funds is not allowed. Employees may either contribute towards the purchase of, or actually prepare, the refreshments for such occasions. UPDATED. 8/92 -31- Section Five: Providing Coffee and other Refreshments S 5. 1 Coffee and other refreshments are an appropriate use of City monies when such refreshments are associated with City business. However, it is impractical to distinguish between refreshments used for City meetings and for employee breaks. 5.2 Employees who routinely drink City-provided coffee, tea or other refreshments, shall sign a payroll deduction- card authorizing a deduction of at least two dollars ($2.00) per month towards such refreshments. Monies collected shall be used to offset the total cost of all refreshments. 5.3 The actual purchasing of such refreshments shall be coordinated by the Purchasing Officer, and will be included as an item in the Office Products and Services Catalog (gee the Centralized Purchasing Procedures policy) . a:condolences #14 UPDATED: 8/92 _32_ REPORT TO CITY COUNCIL Agenda Item. D-2 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 8/11/92 From: Mark Joseph, Administrative Services Directozy)( SUBJECT: Renewing the Agreement between the City and Chamber of Commerce. RECOMMENDATION: Approve Resolution 75-92, authorizing the City Manager to enter into an agreement with the Chamber', of Commerce for Community Promotion Services. BACKGROUND At the last Budget Hearing in July, Council directed staff to review its contract with -the Chamber, with the intent of developing a performance-based method of determining the annual fee. A committee of Andy Takata, Mark Joseph, Bill' Mazzacane (Chamber Manager) and Ray Johnson (Chamber President) met and made several changes, reflected in the exhibit attached to Resolution 75-92. ` ANALYSIS: The new contract is more specific as it relates to Chamber activities and correlates those activities to either the City' s General Plan or specific Council direction. Annualrequests will be submitted concurrently with other operating budgets, instead of with the Community Group Requests. The funding ',level would be based on a weighted average of Business Licenses, Hied Tax and Sales Tax. The proposed ratios have been selected to match the current funding levels. OPTIONS: 1. Council can continue the current arrangement, in which the funding level would be approximately $20-23,000 annually. The fixed amount does not offer the incentives to the Chamber as the performance-based formula. 2. Council could accept the formula concept, but ',adjust the ratios. The current mix puts an emphasis on Bed Tax revenues, which in turn, rewards the Chamber for tourist- related events, in which tourists spend the night in local hotels. FISCAL IMPACT None for FY 92-93, if the current appropriation of $20,000 is maintained. If the formula is applied retroactively to the current year, an increase of approximately $1,500 would be required. In future years, the amount would climb - or fall - in conjunction with increases/decreases in the City's Business License, Bed Tax and Sales Tax revenues. -LJ?4 - RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATASCADERO CHAMBER OF COMMERCE TO PROVIDE COMMUNITY PROMOTION SERVICES' The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to 'execute an agreement with: the Atascadero Chamber of Commerce to provide Community Promotion Services, and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to 'make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on day of August, 1992. CITY OF ATASCADERO, CALIFORNIA By: Robert P. Nimmo, Mayor ATTEST: LEE RABOIN, City Clerk AGREEMENT FOR COMMUNITY PROMOTION SERVICES THIS AGREEMENT, effective , 1992, is entered into by and between the City of Atascadero, a municipal corporation (hereinafter referred to as "City" ) , and the Atascadero Chamber of Commerce, a non-profit corporation (hereinafter referred to as "Chamber" ) . WITNESSETH: WHEREAS, City desires to promote its advantages as a business, retail, commercial, recreational, and residential center, disseminating information relative; thereto, and properly follow up and give consideration to inquiries made from time to time relative to the various activities of City and its possibilities; and WHEREAS, City desires Chamber to perform certain promotional and other services for City, which City believes will be of great advantage and benefit to City, and to the citizens, residents, property owners, and taxpayers thereof, and will promote the general welfare: and WHEREAS, Chamber is organized for such promotional activities on behalf of City, and is in a position to accomplish such aims and purposes of City in an efficient and economical manner; and WHEREAS, Section 37110 of the Government Code of the State of California authorizes the expenditure of public funds by a municipal corporation for advertising or publicity as therein and herein provided; NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: 1. That the foregoing recitals are true and correct and constitute statements of fact herein. 2. Chamber shall carry on promotional activities as follows: a. Maintain a public office to be identified by suitable sign that will be readily identifiable by members of the public, and provide information to visitors, tourists, businesses, commercial interests, professional people, and residents. A staff member or members of Chamber will be available daily during regular office hours, Monday through Friday. If additional office hours are required, City agrees to pay separately for those hours, and for the reasonable cost for such hours. b. Employ competent personnel to carry on promotional activities herein enumerated. C* Answer promptly all correspondence relative to the business, industrial, residential, educational, cultural, and recreational advantages and opportunities in City, 'and disseminate information by correspondence, newspaper publicity, and personal contacts, favorably advertising such advantages and opportunities. d. Prepare articles and news stories, compile data, gather and assemble news items, photographs, literature, and demographic and historical articles descriptive of 'City's resources, and develop proper surveys whereby outside interests and individuals may be induced to locate in City, pursuant to City' s General Plan or specific Council direction. ' e. Supply maps and promotional literature about City and maintain files on economic conditions, commercial and industrial sites, tourist information, and general business information about the community. Chamber will be responsible for updating published information included in Chamber literature, although City agrees to cooperate with Chamber in sharing information. These materials will be available to visitors, tourists, and potential commercial interest who are seeking information. f. Aid in promoting the development and use of unoccupied and vacant commercial and/or industrial ,properties. g. Interview business and industrial executives with the view of urging the establishment of their business activities in City, pursuant to City' s General Plan or specific Council direction. h. Promote and invite trade and business meetings, celebrations, and conferences whereby outside interests and individuals may become acquainted with the advantages and opportunities in City. i. Carry on such other duties as may be requested by City to promote the business, industrial, and residential development of City. 3. Chamber shall furnish semi-annual reports of its promotional activities to City, which shall consist of the activities scheduled for the next six succeeding months and a review of the activities accomplished during the preceding six months. Said reports shall include a detailed breakdown of all amounts expended and expected to be expended by Chamber for said activities. i Chamber will submit to Cit request and a budget 4. y g program for each fiscal year (July 1 to June 30) in the manner, at the time, and in the form requested by the City Manager. The amount of the budget request shall be based upon a formula approved by the City Council, attached to this agreement as Exhibit A, and as may be amended by Resolution of the Council from time to time. The amount shall be allocated as follows: one-half shall be paid in advance in July (or immediately after the City' s annual budget is adopted, whichever is later) and the balance due in January of the same fiscal year. 5. This Agreement shall become effective on the date of execution hereof by both parties, and shall continue in effect until June 30, 1993; provided, however, that this Agreement shall be automaticallyrenewed each year hereafter, for periods of one Y year, commencing July 1 through June 30 of the succeeding year, by action of the City Council budgeting funds as provided in Paragraph 4 hereof, and Chamber's acceptance thereof of said budget allocation. 6. City reserves the right to award separate bids for more specific advertising and promotional projects approved by the City Council during the term of this Agreement. 7. In the event, in the opinion of the majority of the City Council, Chamber is not functioning effectively, then City may give Chamber notice of this fact, specifying in detail the alleged default or defaults, and Chamber must forthwith correct said default or defaults, or the provisions in this Agreement for financial sponsorship of Chamber may be terminated by action of the majority of the City Council. 8. This agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall be construed as a waiver of the right to compel enforcement of such provision or provisions. 9. It is understood that the contractual relationship of Chamber to City is that of independent contractor. v IN WITNESS WHEREOF, the parties hereto have caused this • Agreement to be executed in duplicate on the date indicated below. Dated: , 1992 CITY OF ATASCADERO ROBERT P. NIMMO, Mayor ATTEST: Dated: , 1992 LEE RABOIN, City Clerk APPROVED AS TO FORM: Dated: , 1992 ART MONTANDON, City Attorney Dated: , 1992 ATASCADERO CHAMBER OF COMMERCE President Secretary Exhibit A PERFORMANCE BASED FORMULA FOR • CALCULATING ANNUAL CHAMBER OF COMMERCE FEE 1. A weighted average shall be used to calculate the annual fee. The fee will be calculated as follows: a. Ten Percent (10.0%) of the prior year's Business License fee receipts; plus b. Six and one-half percent (6.5%) of the prior year's Transient Occupancy Tax (Bed Tax) receipts; plus C. One-quarter percent (0.25$) of the prior year's Sales Tax Receipts. 2. The first semi-annual installment due in July will be based upon the City's latest estimates for the above three revenues; the second installment due in January will reflect the audited figures and may be more or less than the first installment, due to any variance between estimated and actual figures. 3. The annual fee will be rounded to the nearest hundred. 4. The above formula may be amended by Resolution of the • Atascadero City Council. 8/92 MEETING AGENDA DATE 8/L 2?, ITEM O L- Confey Wyatt Andersen ATTORNEY AT LAW July 23, 1992 Mr. Andy Takata Director of Community Services City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Dear Mr. Takata: Over the past few months, Mr. Stan Sherwin, President of the Atascadero Tennis Club, has approached you on several occasions inquiring as to the possibilities of obtaining some financial assistance from the City of Atascadero to use towards improving some of the existing public tennis courts, especially the High School tennis courts. The City of Atascadero , owns no such facilities, yet encourages their use. As you and many others are aware, the camouflage-like appearance of the Atascadero High School tennis courts are an eye-sore and are in need of great repair. This has become the butt of comments by players from other cities. I am informed that sometime ago, Atascadero' High School Athletic Director, Don Clickard, inquired and (received some quotes to resurface the four courts at the High School which ranged in the area of $7,500.00 to $8,000.00. Mr. Sherwin, however, has completed a lot of leg work and an analysis, after having had many conversations with professional court builders and product suppliers. He has put together a plan to accomplish an economical restoration which would cost in the area of $3,700.00. This is basically the cost of the materials, as the Tennis Club, the Lion's Club,, and several other community-minded individuals have expressed a desire to get this project done. The completion of the project will not only please those interested in the sport of tennis but will also aesthetically improve the appearance of a '',large area of the Atascadero High School campus. 7730 MORRO ROAD, SUITE 109 • ATASCADERO, CALIFORNIA 93422 • (805) 466-4257. �\�t jti as +` :•_,i' Mr. Andy Takata July 23, 1992 Page Two The Atascadero Tennis Club has agreed to donate the sum of $1,000.00 towards this resurfacing project. Further, the Atascadero High School Booster organization has recently agreed to dontate $1,000.00 towards this project. . Thus, we are still in need of the sum of $1,700.00, which needs to be raised before August 1, 1992. The estimated job time is four to five days, depending upon weather conditions and coordination of man-power. Obviously, many of us believe this to be a very worthwhile project and, thus, seek your assistance for the purpose of directing our request for an additional $1,700.00 from the City of Atascadero in order to execute this community-improvement project. In the event that the City is unwilling or unable to assist us financially in this project, we need to know immediately, as this project needs to be completed no later than the first week of August, 1992, in order to be ready for the coming school year. Mr. Sherwin is out of town until July 30, 1992, however, Dave Graham, myself, and several others are trying to keep this project moving along and would appreciate a response to this request such that we might be able to seek out other avenues in the event that the City is unwilling to participate. Thank you very much for prompt attention and consideration of this matter. Respectfully, o y W. Andersen Co-President, Atascadero Tennis Club CWA/sa