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HomeMy WebLinkAboutAgenda Packet 090809 ARCHIVE COPY CITY CLERK r r CITY OF A TASCA DERO CITY COUNCIL AGENDA Tuesday, September 8, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5.00 P M City Council Regular Session 6 00 P M CITY COUNCIL CLOSED SESSION 5 00 P M. 6 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY MANAGER b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title CITY ATTORNEY 3. ADJOURN CLOSED SESSION REPORT 1 REGULAR SESSION 6 00 P M. IWO PLEDGE OF ALLEGIANCE Council Member Kelley ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Member O'Malley APPROVAL OF AGENDA. Roll Call A. CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City NOW Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) 1 City Council Meeting Draft Minutes — July 14, 2009 ■ Recommendation. Council approve the Draft Meeting Minutes of July 14, 2009 [City Clerk] 2. Adoption of Updated Purchasing Policy ■ Fiscal Impact: Minor potential impact up to 3% of certain purchases. ■ Recommendation. Council adopt Draft Resolution amending the City of Atascadero Purchasing Policy [Administrative Services] 3. June 2009 Accounts Payable and Payroll ■ Fiscal Impact:' $1,984,978 11 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for June 2009 [Administrative Services] 2 �-LN 2099-0997 - Zone Text Change 2003-0058 Amendment (West Front Village, LLC) e Description Proposed PD-23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0058 Amendment (PLN 2099-0997) based on findings [Community Development] 5 Annual Street Striping Award ■ Fiscal Impact: Approval of this agreement will result in the expenditure of budgeted funds in the amounts of $ 26,732 96 for Fiscal Year 2009- 2010 and $ 27,431 04 for Fiscal Year 2010-2011 ■ Recommendation. Council authorize the City Manager to execute a contract with Toste Construction in the amount of $54,164 00 for two years of annual street striping [Public Works] UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction Speakers are limited to three minutes Please state your name for the record before making your presentation The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) 5 PUBLIC HEARINGS None. C MANAGEMENT REPORTS 1 Fee Waiver Request for Atascadero Lake Park Special Event: Veterans Foundation Poker Run ■ Fiscal Impact: Potential fees of $500, either collected or waived A waiver could also result in thousands of dollars in future fee waivers, if a new Council precedent is set to waive non-profit fees for this type of event. ■ Recommendation. Council review and deny the request for a fee waiver for use of the Atascadero Lake Park for the Veterans Memorial Foundation "Poker Run" on September 12,2009 [Community Services] 3 2. Report on Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities ■ Fiscal Impact: None ■ Recommendation. Council adopt an Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities [City Attorney] 3. Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees ■ Fiscal Impact: There is no impact to the General Fund as a result of the staff recommendation, however collection of PEG fees would provide up to $45,000 annually for the purchase of maintenance of video broadcasting equipment. ■ Recommendations. Council 1 Introduce for first reading by title only the Draft Ordinance repealing uncodified City Ordinance No 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1-10 41 and 1-10 42 relating to the Digital Infrastructure and Video Competition Act (DIVCA), provide for the continuation of video and i-net service to the City, and special provisions applicable to holders of state video franchise, and, 2 Accept the side letter between Charter Communications and the City of Atascadero that provides for continued use of the fiber 1-net that connects City facilities and cable television services free of charge through 2016 [City Manager] 4. Atascadero Sub-Basin / Paso Robles Groundwater Basin Study Participation ■ Fiscal Impact: The proposed budget allocation will authorize $16,000 in expenditures from the General Fund Reserve ■ Recommendation. Council authorize a budget appropriation from the General Fund Reserve in the amount of $16,000 to participate in the Paso Robles Groundwater Study as it applies to the Atascadero sub- basin [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Beraud 1 City/ Schools Committee 2 County Mayors Round Table 4 3 Finance Committee 4 Homeless Services Governing Board 5 Integrated Waste Management Authority (IWMA) Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee Council Member Clay 1 City/ Schools Committee Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2 Atascadero Youth Task Force Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) 2 League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments, Vice President (SLOCOG) 4 SLO Regional Transit Authority, Vice President (SLORTA) 5 Central Coast Regional Water Quality Control Board, Member (RWQCB) E. INDIVIDUAL DETERMINATION AND/ OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 8, 2009 Regular Session of the Atascadero City Council was posted on September 1, 2009 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location Signed this 15t day of September,2009, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting Council meetings will be held at the City Hall Council Chambers 6907 EI Camino Real, Atascadero Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.orci An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office Council meetings are videotaped and audio recorded, and may be reviewed by the public Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400 Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4 All comments should be made to the Mayor and Council. 5 No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council) TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way- 1 ay1 You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3 Make your statement 4 All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6 All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 6 ITEM NUMBER A- 1 DATE 09/08/09 70 Fr r� ; r fr.. f pais i1979 CITY OF A TASCA DERO �1V j'V CITY COUNCIL DRAFT MINUTES Tuesday, July 14, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5 30 PA Redevelopment Agency- 6 00 P M City Council- Immediately following the conclusion of the Redevelopment Agency meeting CLOSED SESSION- 5 30 P M. Mayor Beraud announced the Council would be going into Closed Session. 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956 9 (One case) CC Draft Minutes 07/14/09 Page 1 of 10 7 ITEM NUMBER A- 1 DATE 09/08/09 3. ADJOURN CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken REDEVELOPMENT AGENCY 6 00 P M. REGULAR SESSION Immediately following the conclusion of the Redevelopment Agency meeting Mayor Beraud called the meeting to order at 8 40 p m and Mayor Pro Tem Fonzi led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Fonzi and Mayor Beraud Absent: None Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Council Member O'Malley suggested the Council remove Item #C-5 from the agenda. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to remove Item #C-5 from the agenda. Motion passed 5.0 by a roll-call vote. CC Draft Minutes 07/14/09 *40,04 Page 2 of 10 8 ITEM NUMBER A- 1 DATE 09/08/09 MOTION By Council Member O'Malley and seconded by Council err Member Clay to approve the agenda, including the removal of Item #C-5 from the agenda. Motion passed 5.0 by a roll-call vote. PRESENTATIONS 1 Employee Service Awards The following employees received a service award Five Years of Service Ken Forman, Deputy Community Development Director Luke Knight, GIS Analyst Scott Simons, Maintenance Worker II-Public Works Ten Years of Service Lori Brickey, Finance Technician A. CONSENT CALENDAR. 1 City Council Meeting_ Draft Minutes —June 9, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of June 9, 2009 [City Clerk] 2. Street Closure Request Movies in the Park ■ Fiscal Impact: The cost of staff time to close the streets is approximately $800 in budgeted funds ■ Recommendation Council adopt the Draft Resolution establishing a temporary tow-away zone and street closure for a portion of Palma Avenue on four Saturdays 8/1/09, 8/8/09, 8/15/09, 8/22/09 for the Movies in the Park 2009 Series [Community Services] 3. Colony Park Community Center Cafe Agreement ■ Fiscal Impact: The City will collect $300 per month rental fee for the cafe for the first two years of the agreement. After two years, if the Contract is extended by mutual agreement, the monthly rent will increase to $500 per month, and the City will share in the catering activities by obtaining 5% of the gross sales for on-site catering Amending the no alcohol policy at the Community Center to allow alcohol to be served and special events will help increase rental activity at the facility ■ Recommendations Council CC Draft Minutes 07/14/09 Page 3 of 10 9 ITEM NUMBER A- 1 DATE. 09/08/09 1 Authorize the City Manager to execute a two-year contract with extension provisions for the Cafe and food services for the Colony Park Community Center with NCI Affiliates, Inc (NCI, Inc ), effective upon execution of the contract through August 1, 2011, and, 2 Approve the revision (attached) to the Colony Park alcohol policy to allow alcohol to be served for special events at the facility [Community Services] 4 Sewer System Management Plan ■ Fiscal Impact: This action has no direct impact on the City's General Fund, however to meet the new requirements in the SSMP there will be financial impacts to the City's Wastewater Enterprise Fund ■ Recommendations Council 1 Approve the City's Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No 2006-0003), and, 2 Direct City staff to certify the SSMP with the State Water Board [Public Works] 5 Temporary Road Closure Amendment — Atascadero Main Street Summer Street Fair and Farmers Market ■ Fiscal Impact: No net fiscal impact to the General Fund as road closure fees cover the cost of installing the Road Closed signs ■ Recommendation Council adopt the Draft Resolution approving a request by Atascadero Main Street to extend the hours for the road closure for the Summer Street Fair and Farmers' Market and establishment of tow-away zones [Public Works] 6 Request for Waiver Letter for Burke, Williams, & Sorensen ■ Fiscal Impact: None ■ Recommendation Council authorize the City Manager to sign a Waiver Letter to Burke, Williams & Sorensen [City Attorney] 7 Temporary Road Closure — Hot EI Camino Cruise Nite 2009 ■ Fiscal Impact: The cost of putting on the event is approximately $13,750 It is anticipated that these costs will be fully recovered through sponsorships and entry fees ■ Recommendation. Council adopt the Draft Resolution authorizing the road closures at times and locations specified in the Resolution on Friday, August 21, 2009 for Hot EI Camino Cruise Nite 2009 [Community Services] CC Draft Minutes 07/14/09 Page 4 of 10 10 ITEM NUMBER A- 1 DATE. 09/08/09 *AW 8. Final Map 2009-0170 (Parcel Map AT 06-0205) 9125 San Rafael Road (TPM 2007-0092) Jim Cvancara ■ Fiscal Impact: None ■ Recommendations. City Council 1 Adopt, approve, and accept Final Parcel Map 2009-0170 (Parcel Map AT 06-0205) on behalf of the public, and, 2 Authorize and direct the City Clerk to endorse the Council's approval on Final Parcel Map 2009-0170 (Parcel Map AT 06- 0205 ) Assistant City Manager Jim Lewis pulled Item #A-3 to clarify the item MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Items #A-1, 2, 4, 5, 6, 7, & 8. Motion passed 5:0 by a roll-call vote. (#A-2 Resolution No. 2009-071, #A-5 Resolution No. 2009-072, #A-7 Resolution No. 2009-073) Item #A-3 Mr Lewis responded to questions he had received concerning the Community Center Cafe Agreement. MOTION By Council Member O'Malley and seconded by Council Member Clay to approve Item #A-3. Motion passed 5.0 by a roll-call vote. (Contract No. 2009-015) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney explained that most of the City's big items are on the agenda tonight. Staff is waiting for the WalMart plan submittal, so WalMart will not be on the Council's August 11, 2009 agenda. COMMUNITY FORUM Joanne Main reminded everyone of upcoming community events She also mentioned that since the Chamber moved to their new location, they have received a substantial increase in traffic and requests for information about Atascadero Steve Martin reminded everyone of upcoming downtown events Barbie Butz reminded everyone of an upcoming fundraiser for the Performing Arts Center �%We CC Draft Minutes 07/14/09 Page 5 of 10 11 ITEM NUMBER A- 1 DATE. 09/08/09 Bob Wilkins reminded everyone of the upcoming dedication on Friday of a portion of Highway 41 to Robert & Pat Nimmo Mayor Beraud closed the COMMUNITY FORUM period. B PUBLIC HEARINGS 1 Placing Sewer Service Charges on the 2009-2010 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,738,052 50 in sanitation service charges for Fiscal Year 2009-2010 ■ Recommendation Council adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to adopt the attached Draft Resolution, adopting service charges to be added to the 2009-2010 property tax rolls. Motion passed 5:0 by a roll-call vote. (Resolution No. 2009- 074) 2. Downtown Parking and Business Improvement Area (PBIA) (FY 2007- 2008) Confirmation of Annual Assessment ■ Description. Request for Council to confirm annual assessment for downtown PBIA. ■ Fiscal Impact: None ■ Recommendation. Council adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0 00 [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Council Member O'Malley to adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009-2010) at $0.00. Motion passed 5.0 by a roll-call vote. (Resolution No. 2009- 075) CC Draft Minutes 07/14/09 Page 6 of 10 12 ITEM NUMBER A- 1 DATE. 09/08/09 ,%W C MANAGEMENT REPORTS 1 Update on City Council Goals and Implementation Plans ■ Fiscal Impact: There is no fiscal impact to the approval of these strategic planning goals and consent to the related action plans Action steps are budgeted in the current budget. ■ Recommendation Council receive an update on the City's goals and approve the implementation plans [City Manager] Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council PUBLIC COMMENT Eric Greening stated he supports improvements in the pedestrian and bike paths He also asked for a timeline of the creation of a Transit Center He also asked for clarification of the goal listed in the staff report to develop the Sunken Gardens long- term strategic plan at a workshop with key stakeholders Mayor Beraud closed the Public Comment period. There was Council consensus to receive this report. 2. Del Rio Road Specific Plan and EIR Walmart/The Annex, Council Review of Public Meeting Schedule ■ Fiscal Impact: None ■ Recommendation. Council provide staff with direction on the public meeting schedule for the Wal-Mart / Annex project General Plan Amendment and EIR. [Community Development] Community Development Department Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT Mike Latner asked for clarification on the CEQA process and guidelines Ron Rothman asked that the meeting schedule be out to the public in its entirety to give the public a chance to plan for the meetings George Schroff said he is happy to see WalMart coming to town He asked the public to express their opinions but asked them to submit them in writing to be better heard fir` CC Draft Minutes 07/14/09 Page 7 of 10 13 ITEM NUMBER A- 1 DATE. 09/08/09 Mike Jackson reminded everyone that if there isn't a WalMart on this site, there could be 200 homes Bruce Bevins asked that the public have the opportunity to state their concerns early on in the process. Tino Santos stated that there have been enough delays The people have spoken and let's move this project forward Ron Walters asked the Council to not delay this process any longer Bob Wilkins stated we need a healthy community with shopping opportunities This development will bring construction jobs, and then permanent employment once completed He urged the Council to move this project forward Mayor Beraud closed the Public Comment period. Mayor Beraud stated all the previous meetings concerning WalMart were about whether everyone wanted a WalMart. She expressed her concern that now that we are getting a WalMart she wants adequate time for the public to now ask questions and give input on this project. MOTION By Council Member O'Malley and seconded by Council Member Clay to give staff direction to move ahead with the proposed public meeting schedule for the Wal-Mart / Annex project General Plan Amendment and EIR. Motion passed 4 1 by a roll-call vote. (Beraud opposed) 3. SLOCOG Priorities for Interchange Operational Improvement Study ■ Fiscal Impact: None ■ Recommendation Council confirm staff's project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member O'Malley and seconded by Council Member Clay to approve staff's recommended project rankings of potential SLOCOG funding of future projects based on the Interchange Operational Improvement Study Motion passed 5:0 by a roll-call vote. CC Draft Minutes 07/14/09 Page 8 of 10 14 ITEM NUMBER A- 1 DATE. 09/08/09 4 Council Norms and Procedures Consideration of Amendments ■ Fiscal Impact: None ■ Recommendation Council review the suggested amendments, make changes if desired, and approve the Council Norms and Procedures 2009 [City Manager] City Attorney Brian Pierik gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Kelley and seconded by Mayor Pro Tem Fonzi to approve the Council Norms and Procedures 2009 Motion passed 5.0 by a roll-call vote. 5. City +l-Relations with- t f 4, 9 aR d 13 to Title 7 [Gity Ma-rnrage j This item was removed from the agenda by the Council 6. Repeal Atascadero Campaign Ordinance ■ Fiscal Impact: The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports ■ Recommendation Council directed that the Campaign Ordinance be placed on the agenda for repeal If the Council decides to repeal the Campaign Ordinance, then the Council must: Introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance " [City Attorney] CC Draft Minutes 07/14/09 Page 9 of 10 15 ITEM NUMBER A- 1 DATE. 09/08/09 City Attorney Brian Pierik gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud stated that she participated with Council Member O'Malley on the Building Public Trust Committee One of the goals for the Committee was to look at campaign reform She said that she feels this action is a little hasty MOTION By Council Member Clay and seconded by Council Member Kelley to introduce for first reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 of Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance." Motion passed 4 1 by a roll-call vote. (Beraud opposed) COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None F INDIVIDUAL DETERMINATION AND/OR ACTION City Manager Mr McKinney announced that the Special Joint housing meeting with the Planning ,ommission that was planned for July 21St is not going to occur The Planning Commission is meeting on July 21St for their regular meeting There is only one item on the agenda so he is not going to have the meeting videotaped F ADJOURNMENT Mayor Beraud adjourned the meeting at 10 45 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager CC Draft Minutes 07/14/09 Page 10 of 10 16 ITEM NUMBER A-2 DATE 09/08/09 n Atascadero City Council Staff Report -Administrative Services Department Adoption of Updated Purchasing Policy RECOMMENDATION Council adopt Draft Resolution amending the City of Atascadero Purchasing Policy REPORT-IN-BRIEF The City's Purchasing Policy is reviewed periodically to ensure it is providing maximum value on purchases and fair and open competition This policy was last updated October 24, 2006 DISCUSSION The City's Purchasing Policy provides guidelines to obtain quality supplies, services, vehicles, and equipment at the lowest possible overall cost. The Policy also ensures maximum use of fair and open competition and receipt of the best value for funds available, consistent with applicable laws and regulations The proposed Policy updates include 1 Change in the local vendor preference from 2% to 5% in accordance with the Office of Economic Development's local stimulus program 2 Minor clean-up language to further clarify the existing Policy The attached Draft Purchasing Policy was reviewed and approved by the Finance Committee at its August 24, 2009 meeting 17 ITEM NUMBER A-2 DATE. 09/08/09 FI AL IMPACT Minor potential impact up to 3% of certain purchases ATTACHMENTS 1 Draft Resolution —Approving the City of Atascadero Purchasing Policy 2 Draft City of Atascadero Purchasing Policy dated September 8, 2009 18 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE PURCHASING POLICY WHEREAS, the basic purchasing policy of the City of Atascadero is to obtain quality supplies, services, vehicles and equipment needed for the proper operation of its various divisions at the lowest possible overall cost; and, WHEREAS, this includes maintaining a purchasing system that ensures maximum use of fair and open competition and receipt of the best value for funds available, consistent with applicable laws and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2 Purchasing Policy The Purchasing Policy hereby attached as Exhibit A shall become part of this resolution. SECTION 3. Effective Date This resolution shall take effect immediately after the effective date of this Resolution, and shall remain in effect, until revised by the City Council. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES NOES ABSENT ADOPTED �r+r 19 CITY OF ATASCADERO By Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A.Pienk, City Attorney *00 20 Cityof A m m m m I 1918 1979 C", �� Purchasing OetebeF 24,z'200 8- September 8, 2009 21 Table of Contents Section I—GENERAL POLICIES 1 Purpose and Scope 1 General Provisions 1 Federal, State and Other Grant Programs .3 Signature Authorization .3 Department Responsibilities 4 Payment Authorization 4 Section II—GENERAL SUPPLIES,MATERIALS AND EQUIPMENT .5 Purpose .5 Policies .5 1 Under$10,000 01 —Department/Division Award .5 2. $10,000 01-$40,000 00—City Manager Award .5 2 1 Informal Quotes .5 2.2 Purchase Order 7 2.3 Purchasing Item 7 2.4 Change Orders 7 3 Over$40,000 00—City Council Award. 8 3 1 Formal Bidding. .g 3.2 Awarding the Bid 11 3.3 Purchasing Order 11 3 4 Change Orders 11 Section III—PROPRIETARY EQUIPMENT AND GOODS 12 Purpose 12 Policies 12 1 Under$10,000 01 —Department/Division Award 12 2. $10,000 01-$40,000 00—City Manager Award 12 2.1 Informal Product Review 13 2.2 Contract and Purchase Order 14 2.3 Executing the Contract 14 2.4 Change Orders 14 3 Over$40,000 00—City Council Award. 14 3 1 Formal Evaluation of Products/Goods 15 3.2 Awarding the Contract 16 3.3 Contract and Purchase Order 16 3 4 Change Orders 17 NOOO 22 Section IV—GENERAL TRADE SERVICES 18 Purpose 18 Policies 18 1 Under$10,000 01 —Department/Division Award 18 2 $10,000 01-$40,000 00—City Manager Award 19 2.1 Informal Quotes 19 2.2 Contract and Purchase Order 20 2.3 Executing the Contract 20 2.4 Renewals .21 2.5 Change Orders 21 3 Over$40,000 00—City Council Award. 21 3 1 Formal Bidding 21 3.2 Awarding the Bid 25 3.3 Contract and Purchase Order .25 3 4 Renewals .26 3.5 Change Orders .26 4 Utilities and Other Service Agreements 26 Section V— PROFESSIONAL SERVICES 27 Purpose .27 Policies .27 1 Under$10,000 01 —Department/Division Award 27 2. $10,000 01-$40,000 00—City Manager Award .27 2.1 Informal Solicitation of Qualifications 28 2.2 Purchase Order 30 2.3 Executing the Contract 31 2.4 Renewals .31 2.5 Change Orders .31 3 Over$40,000 00—City Council Award. .31 3 1 Formal Requests for Proposals or Request for Qualifications 31 3.2 Awarding the Contract .37 3.3 Contract and Purchase Order .38 3 4 Renewals 38 3.5 Change Orders 38 23 Section VI— PUBLIC PROJECTS .39 Purpose .39 Policies 39 1 Under$10,000 01 —Department/Division Award 39 2. $10,000 01430,000 00—City Manager Award Level I 40 2.1 Contract and Purchase Order 40 2.2 Executing the Contract 40 2.3 Change Orders 41 3 $30,000 014125,000 00—City Manager Award Level II 41 3 1 Informal Bids 41 3.2 Contract and Purchase Order 41 3.3 Executing the Contract 42 3 4 Change Orders 42 4 Over$125,000 00—City Council Award. 42 4 1 Formal Bidding 42 4.2 Awarding the Bid 45 4.3 Contract and Purchase Order 45 4 4 Change Orders 46 Section VII— TRAVEL AND EXPENSE REIMBURSEMENTS 47 N wloo Purpose and Scope 47 Definitions. 47 Policies 47 1 General Provisions 47 2. Authorization for Travel at City Expense 49 2 1 Authorization Levels 49 2.2 Exceptions 49 2.3 Format for the Request 49 3 Lodging .50 3 1 Stay Reasonably Required. .50 3.2 Lodging Rates .50 3.3 Special Lodging .51 3 4 Use of Lodging as a Guest of Friends or Relatives .51 3.5 Credit Card Use .51 4 Meals .51 4 1 Rate of Reimbursement .51 4.2 Meals Purchased Within the City of Atascadero .52 4.3 Meals Purchased for Non-City Personnel .52 Imw 24 Section VII- TRAVEL AND EXPENSE REIMBURSEMENTS (continued) °err 5 Transportation .53 5 1 Mode of Transportation .53 5.2 Rate of Reimbursement .53 5.3 Commercial Auto Rental .54 5 4 Air Travel .54 5.5 Taxis and Other Local Transportation .54 6 Business Expense .55 61 General .55 7 Reimbursement Claims .55 7 1 General .55 7.2 Claim Forms .56 8 Registration/Expense Advances .56 8 1 Minimum .56 8.2 Reservations and Registration .56 9 Reports to Governing Boards .56 10 Responsibility and Accountability .57 10 1 Administration .57 10.2 Compliance with Laws .57 10.3 Violation of This Policy .57 11 Audits of Expense Reports .57 Section VIII- PETTY CASH .58 Purpose .58 Policies .58 1 Purchases .58 2. Petty Cash Boxes .58 Section IX- DISPOSAL OF ASSETS .59 Purpose .59 Policy .59 1 Minor Property- Original Cost<500 01 .59 2. Other Property- Original Cost>500 00 .59 Section X -APPENDICES A.California Public Contract Code Sections 22030- 22045 60 25 SECTION I GENERAL PURPOSE AND SCOPE This document defines the procurement policies and procedures for the City of Atascadero 1.0 GENERAL PROVISIONS The basic purchasing policy of the City of Atascadero is to obtain quality supplies, services, vehicles and equipment needed for the proper operation of its various divisions at the lowest possible overall cost. This includes maintaining a purchasing system that ensures maximum use of fair and open competition and receipt of the best value for funds available, consistent with applicable laws and regulations. The purchasing functions are decentralized, with each Department/Division responsible for compliance with City policies and procedures. Purchasing responsibility and authority shall be delegated to the lowest possible level consistent with good business practice and sound financial management policy to the extent practical. The following apply to all purchases made by the City of Atascadero 1 No purchase will be approved or undertaken unless an appropriation has been established, through either the adopted annual budget or City Council approval of additional appropriations It is the responsibility of the Department/Division to maintain budget control of their individual budgets Ultimate responsibility for the individual budget rests with the Department Director 2. All purchases shall be of the quality deemed necessary to suit the intended purpose, suitable, and beneficial to the City, and in the City's best interest. 3 Competitive quotations will be sought based on established dollar limits Established dollar limits and procedures for specific purchase types are set out in this policy as follows General Supplies and Equipment- Section II Proprietary Equipment and Goods- Section III General Trade Services- Section IV Professional Services- Section V Public Works Contracts- Section VI *404 1 26 Section I - GENERAL 1.0 GENERAL PROVISIONS (continued) Travel- Section VII Petty Cash- Section VIII Disposal of Assets- Section IX 4 Certain purchases are unique in nature and do not lend themselves to the process of competitive bidding. Therefore, these items are excluded from the competitive bidding and purchase order requirements in Sections II through VI. These items include, but are not limited to, County Services, debt service payments, and ongoing expenses for utilities or services (such as telephones, services agreements, etc) The bill or invoice should be forwarded to the Administrative Services Director for authorization. 5 The dollar limits for purchases and bids are established by ordinance or resolution. Purchases shall not be split to avoid the required procedures or certain dollar limits. 6 Receipt of goods or services will be verified and approved by the appropriate official prior to payment of invoices. 7 The emergency purchase of goods is authorized under certain conditions 8 The City Council may waive by majority vote any provision within this policy 9 No purchase of supplies, services, or equipment over $10,000 00 shall be made without an authorized purchase order unless exempted in these guidelines. Otherwise. 8 1 Such purchases are void and not considered an obligation of the city 8.2 Invoices without an authorized purchase order may be returned to the vendor unpaid. 10 No City employee shall have a direct or indirect financial interest in any contract or purchase of goods or services entered into by the City, or shall derive any personal benefit from the City's purchase of goods or services. 11 No City employee shall use the City's purchasing procedures to obtain property for personal use, by misrepresenting to vendors for the purpose of obtaining price discounts that the personal purchases are for the City 12. No City employee shall draft or cause to be drafted any specifications for bids in such a way as to intentionally limit the bidding directly or indirectly to any one bidder, except for the sole source procurement. 2 27 Section I— GENERAL 1.0 GENERAL_PROVISIONS (continued) 13 Local Vendor Preferences 131 Although no preferences are available to Public Works projects, a twe-five percent (215%) variance will be allowed for the purchase of operating equipment, supplies, and trade services from vendors located within City limits. 132 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 13.3 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 ` 13 4 For purposes of the twkk--five percent variance, only businesses with an Atascadero address and a business license (if required) are eligible. 2.0 FEDERAL,STATE AND OTHER GRANT PROGRAMS Federal, State, or grant programs may require special conditions that are more stringent than City procedures. It is the responsibility of the department accepting the grant to ensure that all grant provisions are complied with. 3.0 SIGNATURE AUTHORIZATION 1 Each Department Head shall complete and forward to Administrative Services a Signature Authorization form, identifying those employees approved by the Department Head to sign off on various financial and other administrative documents. The form shall be developed by the Administrative Services Director and revised from time to time as needed. 2. The form shall identify specific Departments, Divisions or Programs, the employee's name and signature and list specific documents each employee is authorized to sign. It is the Department Head's responsibility to keep the information current. 3 Any documents missing the appropriate signature(s) will be returned to the originating department. 3 28 Section I — GENERAL 3.0 SIGNATURE AUTHORIZATION (continued) 4 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, may be able to acquire items but any receipts must be countersigned by an authorized employee. 5 The number of authorized signatures should be kept to a minimum, to assure better control over departmental appropriations 4.0 DEPARTMENT RESPONSIBILITIES It is the responsibility of the acquiring Department/Division to 1 Make purchases in accordance with established policies and procedures. 2. Verify that an appropriation is available for the purchase. 3 Anticipate the Department/Divisions' needs well in advance in order to minimize the need for emergency purchases 4 Review goods and services received to ensure conformity with purchase order or contract. 5 When a cost discrepancy for goods or services dissatisfaction arises, notify the Administrative Services Department. No bill should be processed for payment when the goods or serves are unsatisfactory, or there is a price discrepancy between the originally quoted price and the bill received. 5.0 PAYMENT AUTHORIZATION 1 An authorized signature on the invoice, receipt or other backup shall be considered authorization for payment. The signature shall indicate that the signer has ■ Verified that the City has received the goods or services in good working condition. ■ Verified that the purchase complies with this purchasing policy and that funds are available for the purchase. 2. In certain instances it may be in the City's best interest to issue payment prior to receipt of the authorizing signature on the invoice. The City Manager or the Director of Administrative Services may authorize payment in those instances. 3 Checks shall be processed and issued by an employee other than check signer 4 All payments in excess of$25,000 shall require two live signatures on the checks 4 29 Section II GENERAL SUPPLIES, MATERIALS AND EQUIPMENT PURPOSE Provide guidelines for the purchase of general supplies, materials and equipment. Supplies, materials and equipment shall consist of any and all articles or things which shall be furnished to or used by any department, excluding proprietary equipment and goods (Section III) and any goods purchased as part of a Public Works Project (Section VI) In instances where goods and services are purchased together from one vendor, this section shall only apply if the predominant portion of the purchase is goods (i.e. A purchase of equipment for $1,000 with a $300 installation fee would be covered under this section of the policy A repair of equipment with $1,000 in labor and $300 in parts would be covered under Section IV-General Trade Services) POLICIES There are three levels of authority for normal purchases Department/Division Award, City Manager Award, and City Council Award. Generally, authority is established by the dollar amount of the purchase 1.0 DEPARTMENT/DIVISION AWARD <$10,000.01 The Department/Division manager may authorize the purchase of supplies, equipment, or services as needed up to $10,000 These purchases do not require competitive bidding and departments are given considerable discretion in these purchases. 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 Material/supply purchases over $10,000 and under $40,000 01 must be awarded by the City Manager or the Director of Administrative Services. Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding. 2.1 Informal Quotes. The Department/Division shall make every attempt to receive at least three bids in writing or over the phone. 5 30 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT NOW 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) a) Phone Bids Phone bids must be documented to the satisfaction of the Director of Administrative Services. Ideally, documentation should include the name of the company bidding, the person giving the quote, the date and time of the phone call, the amount quoted and any other relevant information b) Three Quotes The Department/Division should make every.reasonable attempt to obtain at least three bids, however it is understood that at times it is neither practical nor cost effective to continue soliciting quotes until three bids are received. In the event that three viable quotes are not received, the division shall document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes c) Exceptions The informal bid process may be bypassed with Department Head and City Manager or the Director of Administrative Services approval in the following four instances. 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain materials necessary in dealing with the emergency Immediately following the emergency, the Department Head shall forward a copy of the purchase order along with an explanation to the City Manager or the Director of Administrative Services 2. When one known supplier is available, the Department Head/Division Head shall document that it is a "sole source" purchase. Most sole source purchases shall be the result of the City deciding that it is in its best interest to use a specific proprietary brand item. (i.e. For ease of maintenance, the City may choose to only purchase one brand of computers) 3 When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc.) that the City is eligible to use. 4 When an item has been bid within the last 36 months and the pnce has not changed. d) Evaluating Bids The Department/Division shall evaluate the three informal quotes received and determine the lowest most responsible bid. The City reserves the right to accept that bid which is in the best interest of the City When selecting the recommended bidder the Department/Division Head will take into consideration. 1 Price. 2. Ability, capacity, and skill. 3 Ability to meet time requirements. 4 Character, integrity, and reputation. 5 Previous vendor experience. 6 31 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT E MANAGER AWARD $10,000.01 to $40,000.00 (continued) Evaluating Bids (continued) 6 Financial resources available for contract performance 7 Ability to provide future maintenance and service, if necessary 'urchase Order A purchase order shall be prepared detailing the vendor name, address, item being purchased, total price including tax and shipping, and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. (If an exception was used to bypass informal bidding procedures, the P O must be signed by the Department Head) The purchase order packet shall be submitted to the City Manager or the Director of Administrative Services for approval and should. include a copy of the informal bid ummary He/she will review the purchase order packet for conformity to the urchasmg policy, for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services hall then approve and sign the purchase order 2.3 Purchasing Item Once the Department/Division has received the approved Purchase Order from the ,-ity Manager or the Director of Administrative Services, they may contact the vendor and purchase the item. Items must generally be shipped to a City address or worksite. If the product will be shipped to an alternate location, this should be cleared through the Administrative Services Department in advance. 24 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than a$40,000 overall contract amount. Change orders in excess of the $40,000 total contract amount shall be brought to the City Council for approval. 7 32 Section II - GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 3.0 CITY COUNCIL AWARD >$40,000.00 Material/supply purchases over $40,000 must be awarded by the City Council. Formal bidding should be used to assure all possible vendors are given the opportunity to bid on mayor City purchases, thereby assuring the City that it has received the most competitive price The formal process generally takes more time and expense than informal bidding and in some instances may actually not be the most cost-effective approach. 3 1 Formal Bidding The initiating Department/Division shall be responsible for completion of the formal bid process, however the process shall be coordinated with the City Clerk's Office and the Administrative Services Department. a) Bid Forms The initiating department shall prepare a bid form including detailed specifications for the item to be purchased. The following format is suggested for competitive bids 1 Submission of bids (or proposals) — Include date, time, location and bid number as assigned by the City Clerk. Include a detailed list of the information the bid or proposal should contain. 2. Questions — List the name, address, and telephone number of the person to be contacted concerning questions about the project. Name 3 Background—Provide as much background as necessary to give the bidder an understanding of the environment in which the,job will be performed and to which the fob relates. 4 Scope of work — Describe in detail the requirement for the .job and detail specification. 5 Desired project schedule—Be as specific as possible. 6 Minimum and desirable qualifications—Be as specific as possible. 7 Performance Bond—Whether a performance bond is required and if so, the amount and form of bidders security b) Notice Inviting Bids The initiating department shall also prepare a notice inviting bids that includes the following- 1 A general description of the item to be purchased. 2. A statement indicating where bid forms, specifications and bonding requirements can be obtained. 3 A statement specifying the time and place for the opening of the bid. 8 33 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 300 CITY COUNCIL AWARD >$40,000.00 (continued) b) Notice Inviting Bids (continued) 4 Per California Public Contract Code Section 20164, the first publication of the notice shall be at least ten days before the date of opening the bids. The notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the City The notice may also be sent to all applicable vendors. c) Bid Opening 1 Sealed bids shall be submitted to the City Clerk's office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable. 2. Bids shall be opened in public at the time and place stated in the public notice. 3 The City Clerk or his/her designee shall open the bids and shall record all bids received. 4 Any bid received after the time specified in the notice shall be refected. 5 When a bidder's security is required, it will be announced in the public notice inviting bids The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier's check, certificate of deposit in City of Atascadero's name, or bid bond made payable to the City of Atascadero When a bidder's security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid. Bidders shall be entitled to return of the bid security with the following exception. ■ The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award unless extended by the City Manager Failure to execute the contract shall be dust cause for annulment of the award and forfeiture of the bidder's security, not as a penalty, but as liquidated damages. The City Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder 6 All bids received shall be available for inspection during regular business hours in the City Clerk's office for a period of not less than thirty (30) calendar days after the bid opening. d) Refection of Bids The City reserves the right to refect any and all bids, to accept or refect any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City 9 34 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 3.0 CITY COUNCIL AWARD >$40,000.00 (continued) e) Determining Lowest Responsible Bidder- Award of bid shall be to the lowest responsible bidder All valid responsible bids shall be considered in determining the lowest bid. The City reserves the right to accept that bid which is in the best interest of the City When selecting the recommended bidder the Department/Division Head will take into consideration. 1 Price. 2. Ability, capacity, and skill. 3 Ability to meet time requirements. 4 Character, integrity, and reputation. 5 Previous vendor experience. 6. Financial resources available for contract performance 7 Ability to provide future maintenance and service, if necessary f) Local Vendor Preference The City has established a policy that provides for a two-five percent (?5%) preference to local bidders and vendors. (See Section I — General Policies) This is accomplished by reducing the local vendor's bids by L5% when comparing such bids to those of other bidders. g) Tie Bids If tie bids are received, quality and service being equal, the contract ,. shall be awarded to a local bidder 1 If the above condition is not applicable, the City may, at its discretion. ■ Refect any and all bids presented and re-advertise, or ■ If the public interest will not permit the delay of re-advertising for bids, the City may accept either one or accept the lowest bid made by negotiation with the tie bidders, or ■ Award the bid to any one of the low tie bidders by public drawing. h) Exceptions to Formal Bidding: The formal bid process may be bypassed in the following four instances 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining formal quotes to obtain materials necessary in dealing with the emergency Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased. 2. When one known supplier is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal bidding procedures and if applicable awarding the bid to the"sole source." 3 When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc ) that the City is eligible to use in lieu of a formal bid. 10 35 Section II - GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 3.0 CITY COUNCIL AWARD > $40,000.00 (continued) h) Exceptions to Formal Bidding (continued) 4 When there are extenuating circumstances that would make formal bidding not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures. 32 Awarding the Bid Once the bids have been evaluated, the Department Head/Division Head shall prepare a report to Council recommending the most responsive bidder The Council shall then award the bid in a public meeting. Except for urgencies all contracts exceeding $40,000.00 must be awarded b, the City Council.. Otherwise. ■ Such purchases are void and not considered an obligation of the City. ■ Invoices may be returned to the contractor/service provider unpaid. --The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 3.3 Purchase Order a) A purchase order shall also be prepared detailing the vendor's name, the item being purchased, and the estimated total price of the item being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. (If an exception was used to bypass informal bidding procedures, the P O must be signed by the Department Head) b) The entire purchase order shall be submitted to the City Manager or the Director of Administrative Services for approval and should include a copy of the Staff Report. He/she will review the purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O shall then be forwarded to the originating Department/Division. 34 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original material/supply purchase that result in less than a 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval. 11 36 Section III PROPRIETARY EQUIPMENT AND GOODS PURPOSE Provide guidelines for the purchase of equipment/software and other artistic goods that may only be purchased through a proprietary vendor There is no bidding requirement for this type of purchase, since the item is being purchased based on qualification, rather than price Proprietary vendors are those vendors that directly sell their products and do not use distributors or other outlets. (i.e. Inforum software may only be purchased through Eden Systems, therefore it would be a "proprietary purchase" and covered under this section. Micosoft Word may be purchased at many different stores and therefore not a "proprietary purchase") POLICIES There are three levels of authority for normal purchases Department/Division Award, City Manager Award, and City Council Award. Generally, authority is established by the dollar amount of the purchase 1.0 DEPARTMENT/DIVISION AWARD <$10,000.01 The Department/Division manager may authorize the purchase of proprietary goods as needed up to $10,000 These purchases do not require competitive bidding and departments are given considerable discretion in these purchases. 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 Proprietary purchases over $10,000 and under $40,000 01 must be awarded by the City Manager or the Director of Administrative Services. These purchases shall have sufficient documentation of background analysis to support the purchase Informal solicitation of qualifications should be used to assure quality goods are received for a reasonable price 12 37 SECTION III -PROPRIETARY EQUIPMENT AND GOODS 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) 2.1 Informal Product Review The Department/Division shall make every attempt to review at least three products/qualifications in writing, over the phone, or in person. a) Documentation- Informal product review must be documented to the satisfaction of the City Manager or the Director of Administrative Services Ideally, documentation should include 1 The name of the company 2. Pros/Cons of the product 3 Estimated Price 4 The person giving the quote 5 The date and time of the phone call 6. Brief justification for the selection of the goods b) Review of Three Products The Department/Division should make every reasonable attempt to review at least three products, however it is understood that at times it is not practical or possible to review the products In the event that three products are not reviewed, the Department/Division shall document why it is not practical to review alternate products c) Exceptions. The informal product review process may be bypassed with Department Head and City Manager or the Director of Administrative Services approval in the following instances 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with informal product review process to obtain items necessary in dealing with the emergency Immediately following the emergency, the Department Head shall forward a copy of the purchase order and contract along with an explanation to the City Manager or the Director of Administrative Services. d) Evaluating Products. The Department Head or designee(s) shall select the product which, in their evaluation process, is the best solution for the City e) Negotiation The Department Head or designee(s) shall discuss with the highest ranked vendor the requirements of the City and negotiate a reasonable fee for the product/items being purchased. 13 38 SECTION III-PROPRIETARY EQUIPMENT AND GOODS 2.0 CITY MANAGER AWARD $10,000.01 to$40,000.00 (continued) 2.2 Contract and Purchase Order a) A contract shall be prepared and two original copies shall be signed by the consultant and the Department Head. b) A purchase order shall also be prepared detailing the vendor's name, the item being purchased, and the estimated total price of the item being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. (If an exception was used to bypass informal bidding procedures, the P O must be signed by the Department Head) c) The entire purchase order and both original copies of the contract (if applicable) shall be submitted to the City Manager or the Director of Administrative Services for approval and should include a copy of the mformal bid summary He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O and one original copy of the executed contract shall then be forwarded to the originating Department/Division. 2.3 Executing the Contract Once the Department/Division has received the approved Purchase Order and an original copy of the contract from the City Manager or the Director of Administrative Services, they may make arrangements with the vendor for purchase of the product. 2.4 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original purchase of proprietary equipment and goods that result in less than a $40,000 overall contract amount. Change orders in excess of the $40,000 total contract amount shall be brought to the City Council for approval 3.0 CITY COUNCIL AWARD >$40,000.00 Proprietary purchases exceeding $40,000 must be awarded by the City Council. A more formal evaluation should be used, thereby assuring the City that it has purchased the best product fit for the City The formal process generally takes more time and expense than informal solicitations and in some instances may actually not be the most cost-effective approach. 14 39 'ECTION III -PROPRIETARY EQUIPMENT AND GOODS 3 CITY COUNCIL AWARD >$40,000.00 (continued) Formal Evaluation of Products/Goods a) To ensure maximum exposure and competition, the responsible department shall prepare a list of potential firms from which to solicit quotes. City staff shall make reasonable efforts to ensure that small business firms, located in San Luis Obispo County, are aware of the purchase. b) A Selection Committee shall be formed to evaluate the submitted data and determine the products that should receive further consideration. The Committee shall be appointed by the Department Head, subject to the approval of the City Manager or the Director of Administrative Services, and may consist of more than one department. 1 The Selection Committee may choose to interview all of the responding vendors, only the top few ranking vendors or to not perform interviews 2. The Selection Committee may also choose to view demonstrations of all of the products (either at a working site or at the City), only the top few ranking products or to not view demonstrations 3 After the interviews, demonstrations and site visits (as applicable), the Selection Committee shall rank the products. Negotiation. The Department Head or designee(s) shall discuss with the highest ranked vendor the requirements of the City and negotiate a reasonable fee/contract. Exceptions to Formal Bidding: The formal bid process may be bypassed in the following four instances. 1. In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining formal quotes to obtain materials necessary in dealing with the emergency. Immediately following- the ollowingthe emergency, the appropriate Department. Head shall prepare a report to Council.explaining the emerE�ency and the items purchased. 2. When there are extenuating circumstances that would make formal bidding" not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requestma an exemption from the formal bidding procedures. 15 40 SECTION III -PROPRIETARY EQUIPMENT AND GOODS 3.0 CITY COUNCIL AWARD >$40,000.00 (continued) 3.2 Awarding the Contract: The Department Head/Division Head shall prepare a report to Council recommending the top ranked product. The Council shall then award the purchase in a public meeting. Except for urgencies all contracts exceeding $40,000 00 must be awarded by the City Council. Otherwise ■ Such purchases are void and not considered an obligation of the City ■ Invoices may be returned to the contractor/service provider unpaid. ■ The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 3.3 Contract and Purchase Order a) A contract may be prepared as applicable and two original copies shall be signed by the vendor b) A purchase order shall also be prepared detailing the vendor's name, item being purchased, estimated total price of the item being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The City Attorney shall sign the two original copies of the contract, approving it as to form. d) The City Manager or his/her Council designee shall sign the two original copies of the contract, approving it as to form. e) The entire purchase order, and both copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and should include a copy of the Staff Report. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services shall then approve and sign the purchase order f) One copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the City Clerk's Office A copy of the executed contract shall be sent to the initiating department and a copy to the Administrative Services Department. 16 41 ,--I 'ION III -PROPRIETARY EQUIPMENT AND GOODS 3_6 CITY COUNCIL AWARD >$40,000.00 (continued) 1 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original purchase of proprietary equipment and goods that result in less than a 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval. 14000 17 42 Section IV 14OW GENERAL TRADE SERVICES PURPOSE Provide guidelines for the purchase of trade contractual services. Trade services shall mean the repair, rental or maintenance of equipment, machinery and other City-owned or operated property Included within this term are services necessary for the routine operation, repair or maintenance of existing buildings or improvements. The term does not include services rendered by professionals and other services which are unique in nature and not subject to competition. In instances where goods and trade services are purchased together from one contractor/service provider, this section shall only apply if the predominant portion of the purchase is services (i.e. repair of equipment with $1,000 in labor and $300 in parts would be covered under this section of the policy A purchase of equipment for $1,000 with a $300 installation fee would be covered under Section II- General Supplies, Materials and Equipment) POLICIES There are three levels of authority for normal purchases Department/Division Award, City Manager Award, and City Council Award. Generally, authority is established by the dollar amount of the purchase. 1.0 DEPARTMENT/DIVISION AWARD <$10,000.01 The Department/Division manager may authorize the purchase of services as needed up to $10,000 per project or annually (for ongoing maintenance contracts) as applicable Projects that would typically be performed by one contractor/service provider may not be split into components in order to avoid purchasing limits. These purchases do not require competitive bidding and departments are given considerable discretion in these purchases. The Department/Division will obtain a completed IRS form W-9 from the contractor/ service provider prior to awarding the contract. The W-9, shall immediately be forwarded to the Administrative Services department in order to comply with State Reporting Requirements. �irrr 18 43 SECTION IV- GENERAL TRADE SERVICES .(; CITY MANAGER AWARD $10,000.01 to$40,000.00 1000 Trade service awards over $10,000 and under $40,000 01 must be awarded by the City Manager or the Director of Administrative Services Informal bidding should be used to assure the most competitive price is received for an item, while avoiding the additional time and expense involved in formal bidding 2.1 Informal Quotes. The Department/Division shall strive to receive three bids in writing or over the phone, whenever possible. a) Documentation. Bids received over the phone or in writing must be documented to the satisfaction of the City Manager or the Director of Administrative Services Ideally, documentation should include the name of the company bidding, the person giving the quote, the date and time of the contact, the amount quoted and any other relevant information. b) Exceptions. The informal bid process may be bypassed with Department Head and City Manager or the Director of Administrative Services approval in the following five instances. 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain services necessary in dealing with the emergency Immediately following the emergency, the Department Head shall forward a copy of the purchase order along with an explanation to the City Manager or the Director of Administrative Services. 2. When one known service provider is available, the Department Head/Division shall document that it is a"sole source"purchase. 3 When there exists other governmental contracts that were competitively bid(such as State Contracts, DGS, etc )that the City is eligible to use. 4 When an item has been bid within the last 36 months and the price has not changed. 5 When it is not practical nor cost effective to continue soliciting quotes until three bids are received, the Department Head at his/her discretion may choose the vendor best suited for the needs of the particular project. c) Evaluating Bids. The Department/Division shall evaluate the three informal quotes received and determine the lowest most responsible bid. The City reserves the right to accept that bid which is in the best interest of the City 19 44 SECTION IV- GENERAL TRADE SERVICES 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (Continued) c) Evaluating Bids (continued) When selecting the recommended bidder the Department/Division Head will take into consideration. 1 Price. 2. Ability, capacity, and skill. 3 Ability to meet time requirements. 4 Character, integrity, and reputation. 5 Previous contractor/service provider experience. 6 Financial resources available for contract performance 7 Ability to provide future maintenance and service, if necessary 2.2 Contract and Purchase Order a) A contract shall be prepared and two original copies shall be signed by the contractor/service provider and Department Head. b) A purchase order shall also be prepared detailing the contractor/service provider name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. (If an exception was used to bypass informal bidding procedures, the P O must be signed by the Department Head) c) The Department/Division will obtain a completed IRS form W-9 from the contractor/service provider d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and should include a copy of the informal bid summary He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O and one original copy of the executed contract shall then be forwarded to the originating Department/Division. 2.3 Executing the Contract Once the Department/Division has received the approved Purchase Order and an original copy of the contract from the City Manager or the Director of Administrative Services, they may make arrangements with the contractor/service provider for services. 20 45 SECTION IV - GENERAL TRADE SERVICES 2.,( CITY MANAGER AWARD $10,000.01 to $40,000.00 (Continued) 4 Renewals Contracts for ongoing services may include annual renewal provisions for up to five years, however in no instance may the contract exceed $40,000 00 in any one year Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the City Manager 2.5 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a$40,000 overall contract amount. Change orders in excess of the $40,000 total contract amount shall be brought to the City Council for approval. 3.0 CITY COUNCIL AWARD >$40,000.00 Trade service contracts exceeding $40,000 must be awarded by the City Council. Formal bidding should be used to assure all possible contractor/service providers are given the opportunity to bid on mayor City contracts, thereby assuring the City that it has received the most competitive price The formal process generally takes more time and expense than informal bidding and in some instances may actually not be the most cost-effective approach. 3 Formal Bidding The initiating Department/Division shall be responsible for completion of the formal bid process, however the process shall be coordinated with the City Clerk's Office and the Administrative Services Department. a) Bid Forms. The initiating department shall prepare a bid form including detail specifications for the services to be purchased. The following format is suggested for competitive bids I Submission of bids (or proposals) — Include date, time, location and bid number as assigned by the City Clerk. Include a detail list of the information the bid or proposal should contain. 2. Questions — List the name, address, and telephone number of the person to be contacted concerning questions about the project. 3 Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the fob will be performed and to which the fob relates 4 Scope of work — Describe in detail the requirement for the fob and detail specification 21 46 SECTION IV- GENERAL TRADE SERVICES 3.0 CITY COUNCIL AWARD >$40,000.00 (Continued) a) Bid Forms (continued) 5 Desired project schedule—Be as specific as possible. 6 Minimum and desirable qualifications—Be as specific as possible 7 Performance Bond- Whether a performance bond is required and if so, the amount and form of bidders security 8 Sample Contract- A sample of the contract that is expected to be used should be included in the bid package. b) Notice Inviting Bids. The initiating department shall also prepare a notice inviting bids that includes the following- 1 A general description of the services to be purchased. 2. A statement indicating where bid forms, specifications and bonding requirements can be obtained. 3 A statement specifying the time and place for the opening of the bids. 4 Per California Public Contract Code Section 20164, the first publication of the notice shall be at least ten days before the date of opening the bids. The notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the City The notice may also be sent to all applicable contractor/service providers. c) Bid Opening 1 Sealed bids shall be submitted to the City Clerk's office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable. 2. Bids shall be opened in public at the time and place stated in the public notice. 3 The City Clerk or his/her designee shall open the bids and shall record all bids received. 4 Any bid received after the time specified in the notice shall be refected. 5 When a bidder's security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier's check, certificate of deposit in the City of Atascadero's name or bid bond made payable to the City of Atascadero When a bidder's security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid. Bidders shall be entitled to return of the bid security with the following exception. ■ The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award unless 22 47 SECTION IV- GENERAL TRADE SERVICES 3.0 CITY COUNCIL AWARD >$40,000.00 (Continued) IWO extended by the City Manager Failure to execute the contract shall be just cause for annulment of the award and forfeiture of the bidder's security, not as a penalty, but as liquidated damages. The City Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder 6 All bids received shall be available for inspection during regular business hours in the City Clerk's office for a period of not less than thirty (30) calendar days after the bid opening. d) Refection of Bids The City reserves the right to refect any and all bids, to accept or refect any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City e) Determining Lowest Responsible Bidder- Award of bid shall be to the lowest responsible bidder All valid responsible bids shall be considered in determining the lowest bid. The City reserves the right to accept that bid which is in the best interest of the City When selecting the recommended bidder the City staff will take into consideration. 1 Price. 2. Ability, capacity, and skill. 3 Ability to meet time requirements. 4 Character, integrity, and reputation. 5 Previous contractor/service provider experience. 6. Financial resources available for contract performance. 7 Ability to provide future maintenance and service, if necessary f) Local Contractor/Service Provider Preference- The City has established a policy that provides for a twe five percent (25%) preference to local bidders and contractor/service providers (See Section I — General) This is accomplished by reducing the local contractor/service provider's bids by 25% when comparing such bids to those of other bidders. g) Tie Bids. If tie bids are received, quality and service being equal, the contract shall be awarded to a local bidder If the above condition is not applicable, the City may, at its discretion. 1 Refect any and all bids presented and re-advertise; or 2. City may accept either one or accept the lowest bid made by negotiation with the tie bidders, or 3 Award the bid to any one of the low tie bidders by public drawing NWOO 23 48 SECTION IV- GENERAL TRADE SERVICES 3.0 CITY COUNCIL AWARD >$40,000.00 (Continued) h) Exceptions to Formal Bidding: The formal bid process may be bypassed in the following four instances 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining formal quotes to obtain services necessary in dealing with the emergency Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased. 2. When one known service provider is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal bidding procedures and if applicable awarding the bid to the "sole source." 3 When there exists other governmental contracts that were competitively bid that the City is eligible to use in lieu of a formal bid. 4 When there are extenuating circumstances that would make formal bidding not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures. i) Ongoing Professional Services 1 In some instances it is in the best interest of the City to have current ongoing contracts with multiple consultants for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc ) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts. 2. The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple firms may be awarded an ongoing contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place. 3 Council shall award each ongoing contract that is expected to exceed $409000 00 at a public meeting. 4 As events occur and need arises, work will be assigned to the consultants on the eligibility list at the sole discretion of the Department Head. The Department Head, however, shall make a reasonable attempt to rotate work between consultants subject to availability and special needs 24 49 SECTION IV - GENERAL TRADE SERVICES .6 CITY COUNCIL AWARD >$40,000.00 (Continued) Negotiation. The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment. 12 Awarding the Bid Once the bids have been evaluated, the Department Head/Division Head shall prepare a report to Council recommending the most responsive bidder The Council may then award the bid in a public meeting. Except for urgencies all contracts exceeding $40,000 00 must be awarded by the City Council. Otherwise 1 Such purchases are void and not considered an obligation of the city 2 Invoices may be returned to the contractor/service provider unpaid. 3 The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 3.3 Contract and Purchase Order a) A contract shall be prepared and the contractor/service provider shall sign the two original copies. b) A purchase order shall also be prepared detailing the contractor/service provider name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department/Division will obtain a completed IRS form W-9 from the contractor/service provider d) Proof of insurance in accordance with the contract shall be obtained e) The City Attorney shall sign the two original copies of the contract approving it as to form. f) The City Manager or his/her Council designee shall sign the two original copies of the contract approving it as to form. g? The entire purchase order, the W-9, proof of insurance and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and signature and should include a copy of the Staff Report. h) One original copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the City Clerk's Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Administrative Services Department. *400 25 50 SECTION IV- GENERAL TRADE SERVICES 3.0 CITY COUNCIL AWARD >$40,000.00 (Continued) 34 Renewals Contracts for ongoing services may include annual renewal provisions for up to five years. 35 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval. 4.0 UTILITIES AND OTHER SERVICE AGREEMENTS Items that cannot be purchased under the procedures above or ongoing expenses for utilities or services (such as telephones, services agreements, etc ) do not require a Purchase Order The bill or invoice should be forwarded to Administrative Services with an authorized signature and account number to be charged. 26 51 SECTION V PROFESSIONAL SERVICES NOW PURPOSE Provide guidelines for the purchase of professional services. Professional services are those activities performed by a consultant who possesses a high degree or expertise in a particular profession. This would generally include (but not be limited to) architectural services, accounting/auditing services, environmental services, design services, engineering services, technical services, financial services, legal services, economic services and other administrative services. There is no bidding requirement for this type of service, since the agent is being hired based on his/her qualifications, not the lowest bid. Since local vendors are important to the City s overall economic health, special consideration should be given to local vendors whenever possible. Local vendors should be included when sending out bid packages. When vendor selection is between two qualified firms. the local vendor should have preference. POLICIES There are three levels of authority for normal purchases Department/Division Award, City Manager Award, and City Council Award. Generally, authority is established by the dollar amount of the purchase. 1.0 DEPARTMENUDIVISION AWARD <$10,000.01 The Department/Division Head may authorize the purchase of professional services as needed up to $10,000 per project or annually (for ongoing/recurring contracts) as applicable Projects which would typically be performed by one consultant may not be split into components in order to avoid purchasing limits. These purchases do not require competitive bidding and departments are given considerable discretion in these purchases. The Department/Division will obtain a completed IRS form W-9 from the contractor/ service provider prior to awarding the contract. The W-9, shall immediately be forwarded to the Administrative Services Department in order to comply with State Reporting Requirements. 2.0 CITY MANAGER AWARD $10,000.01 to$40,000.00 Professional service contracts over $10,000 and under $40,000 01 must be awarded by the City Manager or the Director of Administrative Services. These professional service agreements shall have sufficient documentation of background analysis to support the 27 52 SECTION V-PROFESSIONAL SERVICES 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) contract. Informal solicitation of qualifications should be used to assure quality services are received for a reasonable price. 21 Informal Solicitation of Qualifications The Department/Division shall strive to, whenever possible, solicit at least three qualifications/proposals in writing or over the phone When it is not practical, nor cost effective to receive three qualifications/proposals in writing or over the phone, the Department Head at his/her discretion, may choose the vendor best suited for the needs of the particular project. It is important that the specifications are accurate and comprehensive, thus it may be beneficial to transmit the specifications and responses by fax or mail even when the proposal is received verbally a) Documentation- Informal quotations must be documented to the satisfaction of the City Manager or the Director of Administrative Services Ideally, documentation should include 1 The name of the company 2. The person giving the quote 3 The date and time of the phone call 4 Understanding of the required scope of services. 5 Specialized experience of the firm and its personnel relative to the required services. 6 References who can be contacted to verify past record of performance, i.e , completion of a quality product, in a timely manner, and within budget constraints. 7 The capacity of the firm to perform the subject project within a required timeframe. 8 Estimated Price b) Exceptions The informal bid process may be bypassed with Department Head and City Manager or the Director of Administrative Services approval in the following instances 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with obtaining three informal quotes to obtain services necessary in dealing with the emergency Immediately following the emergency, the Department Head shall forward a copy of the purchase order and contract along with an explanation to the City Manager or the Director of Administrative Services. 28 53 SECTION V-PROFESSIONAL SERVICES 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) 2 1 Informal Solicitation of Qualifications (continued) 2. When one known service provider is available, the Department Head/Division shall document that it is a"sole source"purchase. 3 When an item has been bid within the last 36 months and the price has not changed. 4 When there exists other governmental contracts that were competitively bid (such as State Contracts, DGS, etc) that the City is eligible to use. 5 When it is not practical nor cost effective to continue soliciting quotes until three bids are received, the Department Head at his/her discretion may choose the vendor best suited for the needs of the particular project. c) Evaluating Bids The Department/Division Head or designee(s) shall select the consultant which, in their evaluation process, is the most qualified to perform the work. The evaluation and selection process shall be based upon the following considerations 1 General quality and responsiveness to the request, including but not limited to ■ Responsiveness to the terms, conditions, and items of performance, ■ Grasp of the problem, work to be performed, and approach to be used. 2. Organization and personnel making the proposal, ■ Evidence of good organizational and management practices. ■ Qualification of the personnel. ■ Specialized experience of the firm and its personnel relative to the required services ■ References who can be contacted to verify past record of performance (i.e., completion of a quality product in a timely manner and within budget constraints) ■ Previous consultant experience ■ The financial condition of the firm. ■ Capacity of the firm to perform the subject project within a required timeframe 3 If appropriate, the price, in any of the following formats, may be considered. ■ Total price and price breakdown. ■ Price range ■ Cost schedule. 29 54 SECTION V -PROFESSIONAL SERVICES 2.0 CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) 2.1 Informal Solicitation of Qualifications (continued) d) Ongoing Professional Services. In some instances it is in the best interest of the City to have current ongoing contracts with multiple consultants for the same or very similar services. (i.e. services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts. The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple consultants may be awarded an ongoing contract based on the informal process and may be placed on the eligibility list. Additional consultants may also be awarded contracts and placed on the eligibility list at a later date, using the informal process without impacting contracts currently in place. As events occur and need arises, work will be assigned to the firms/individuals on the eligibility list at the sole discretion of the Department Head. e) Negotiation. The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee for the established work assignment. 2.2 Contract and Purchase Order a) A contract shall be prepared and two original copies shall be signed by the consultant and the Department Head. b) A purchase order shall also be prepared detailing the consultant's name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. (If an exception was used to bypass informal bidding procedures, the P O must be signed by the Department Head) c) The Department/Division will obtain a completed IRS form W-9 from the consultant. d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for ' approval and should include a copy of the informal bid summary He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O and one original copy of the executed contract shall then be forwarded to the w originating Department/Division. 30 55 SECTION V- PROFESSIONAL SERVICES 2.6 CITY MANAGER AWARD $10,000.01 TO $40,000.00 (continued) 2.3 Executing the Contract Once the Department/Division has received the approved Purchase Order and an original copy of the contract from the City Manager or the Director of Administrative Services, they may make arrangements with the consultant for services. 2.4 Renewals Contracts for ongoing professional services may include annual renewal provisions for up to five years, however, in no instance may the contract exceed $40,000 00 in any one year Cost increases related to such renewals shall not exceed the Consumer Price Index (CPI) adjustments unless approved in advance by the City Manager 2.5 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than $40,000 annual contract amount. Change orders in excess of the $40,000 contract amount shall be brought to the City Council for approval. 3.0 CITY COUNCIL AWARD >$40,000.00 Professional service contracts exceeding $40,000 must be awarded by the City Council. A Formal Request for Proposal (RFP) or a Request for Qualifications (RFQ) process should be used, thereby assuring the City that it has engaged the most qualified consultant available for the engagement. The formal process generally takes more time and expense than informal solicitations of qualifications and in some instances may actually not be the most cost-effective approach. 3 1 Formal Request for Proposal or Request for Qualifications a) Developing the RFP or RFQ• Because RFP's and RFQ's ask for a subjective product, they should contain the greatest detail possible, and may include the following: 1 A precise description of the problem or objective 2. The services to be performed 3 The product to be provided 14,90 31 56 SECTION V - PROFESSIONAL SERVICES 3.0 CITY COUNCIL AWARD > $40,000.00 (continued) 3 1 Formal Request for Proposal or Request for Qualifications (continued) a) Developing the RFP or RFQ (continued) 4 The anticipated time schedule for• ■ Submittal of RFP/RFQ (date and time) ■ Any pre-proposal conference(date, time and location) ■ Review and evaluation of the proposals ■ Award of the contract ■ Commencement of work on the protect ■ Completion date 5 Evaluation factors and the relative importance of each. 6 Expectations or limitations on the part of the City, i.e ■ The format, form and quantity of any expected reports ■ The extent/nature of assistance/cooperation available from the City 7 Expected content of the RFP/RFQ, including: ■ The overall description of techniques to be used ■ Listing of similar services provided to other clients ■ Listing of available references to contact ■ Description and qualifications of assigned lead and supporting personnel ■ Time and staff expected to be expended ■ Facilities and equipment to be used ■ Portion of contract to be performed by sub-contractors ■ Subcontractors/Subconsultants qualifications ■ Cost, in summary and total, and desired method of payment. The RFP/RFQ for services may, but is not required to, state the amount budgeted for the service. 8 Contractual requirements including, but not limited to ■ Prohibition against assignment ■ Indemnification ■ Insurance requirements 32 57 SECTION V -PROFESSIONAL SERVICES 3X CITY COUNCIL AWARD >$40,000.00 (continued) 3 1 Formal Request for Proposal or Request for Qualifications (continued) a) Developing the RFP or RFQ (continued) 8 Contract Requirements (continued) ■ Bonding requirements ■ Warranties ■ Compliance with federal, state and City laws, rules and regulations ■ Compliance with any grant related regulations ■ Sample contract 9 Construction project management service RFP's may require evidence be provided of experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. b) Issuing the RFP/RFQ 1 To ensure maximum exposure and competition, the responsible department shall prepare a list of potential firms to receive the RFP/RFQ City staff shall make reasonable efforts to ensure that small business firms, located in San Luis Obispo County, are aware of the RFP/RFQ's issued. 2. If required or desired, the responsible department will submit the RFP/RFQ notice to be advertised in a local newspaper of general circulation. The notice will be published one or more times beginning at least fourteen calendar days prior to the designated closing. Additional advertisements may be placed in a regional newspaper of general circulation, appropriate professional or trade journals, and state or governmental publications designed for public notice. 3 A reasonable length of time between solicitation and closing dates must be allowed to provide potential respondents time for preparation in accordance with the complexity, the size of the project, and the scope of advertising. 4 City staff may conduct conferences to explain the requirements of the project. A sufficient amount of time should be allowed after the RFP/RFQ has been issued to allow potential respondents to become familiar with the project. Any clarification or changes required to the RFP/RFQ, as a result of the conference, shall be added as a written amendment. A summary of the conference shall be provided to all prospective respondents receiving the request. *400 33 58 SECTION V- PROFESSIONAL SERVICES 3.0 CITY COUNCIL AWARD > $40,000.00 (continued) 3 1 Formal Request for Proposal or Request for Qualifications. (continued) b) Issuing the RFP/RFQ (continued) 5 The requesting department shall prepare sufficient copies of the RFP/RFQ to allow distribution to potential respondents of record and responses to the published advertisements. In addition, the department shall maintain a list of RFP/RFQ's issued and responses. 6 Amendments should be used to make any changes in quantities, descriptions, schedules, or to correct defects or ambiguities in the original RFP/RFQ Amendments are provided to ensure that all potential respondents are furnished with the same information with which to prepare proposals. Amendments to the RFP/RFQ shall be identified as such and shall require acknowledgment as such by firms receiving the RFP/RFQ Amendments shall be sent to all known recipients of the RFP/RFQ within a reasonable time period before the closing date. If the time and date established for the receipt of proposals does not allow sufficient time for consideration and changes, the time and date will be modified by amendment. c) Proposal Opening: 1 Proposals shall be submitted to the City Clerk's office and shall be clearly identified with the Proposal number on the envelope. Faxed or other electronic proposals are not acceptable. 2. Proposals received by 5.00 p.m. of the designated closing day will be opened on the following workday for preliminary review 3 Any proposal received after the time specified in the RFP/RFQ shall be returned unopened. 4 To avoid disclosure of the contents of competing RFPs/RFQs, proposals will be opened in the presence of City Clerk or his/her designee and the Department Head or the Director of Administrative Services, requesting the proposals 5 Respondents may modify of withdraw their proposals prior to the established closing date and time, without penalty However, any modifications submitted after the established closing date and time will not be accepted. Such modifications will be returned to the respondent, unopened. 34 59 SECTION V-PROFESSIONAL SERVICES 3.G CITY COUNCIL AWARD >$40,000.00 (continued) 3 1 Formal Request for Proposal or Request for Qualifications (continued) c) Issuing the RFP/RFQ (continued) 6 The City Clerk's office shall maintain a list of proposals received, including name and address of respondent, the number of modifications received, if any, and any additional information requested. The register will be open to inspection after the award of the contract or the refection of all proposals 7 Proposals and modifications shall be shown only to the evaluation committee personnel, the City Clerk or his/her designee, and the Department Head (or the Director of Administrative Services) until a recommendation is made to Council or all proposals have been refected. d) Refection of Proposals The City reserves the right to refect any and all proposals, to accept or reject any one or more items of a proposal, or to waive any irregularities or informalities in the proposal or the RFP/RFQ process if to do so is deemed to best serve the interests of the City e) Evaluation Factors and Method. Because unique services are requested, cost is not considered the primary selection criteria. 1 Evaluation factors may include. ■ General quality and responsiveness of the proposal, including but not limited to - Responsiveness to the terms, conditions, and items of performance, - Completeness and thoroughness of the proposal, - Grasp of the problem, work to be performed, and approach to be used. ■ Organization and personnel making the proposal - Evidence of good organizational and management practices - Qualification of the personnel. - Specialized experience of the firm and its personnel relative to the required services. - References who can be contacted to verify past record of performance, i.e., completion of a quality product, in a timely manner, and within budget constraints. - The financial condition of the firm. - Capacity of the firm to perform the subject project within a required time frame 35 60 SECTION V- PROFESSIONAL SERVICES 3.0 CITY COUNCIL AWARD > $40,000.00 (continued) 3 1 Formal Request for Proposal or Request for Qualifications (continued) e) Evaluation Factors and Method(continued) 1 Evaluation factors may include (continued) ■ If appropriate, the price, in any of the following formats, may be considered. - Total price and price breakdown. - Price range. - Cost schedule. 2. A Selection Committee shall be formed to evaluate the submitted data and determine the products that should receive further consideration. The Committee shall be appointed by the Department Head, subject to the approval of the City Manager or the Director of Administrative Services, and may consist of more than one department. 3 The Selection Committee may choose to interview all of the responding consultants, only the top few ranking consultants or to not perform interviews. 4 After the interviews (if applicable), the Selection Committee shall rank the consultants based on their proposals, interviews, and references. f) Exceptions to Formal RFP/RFQ- The formal RFP/RFQ process may be bypassed in the following three instances 1 In emergency situations where time is of the essence, the appropriate Department Head may dispense with the formal RFP/RFQ process to obtain services necessary in dealing with the emergency Immediately following the emergency, the appropriate Department Head shall prepare a report to Council explaining the emergency and the items purchased. 2. When one known service provider is available, the Department Head shall prepare a report for Council approval requesting an exemption from the formal RFP/RFQ procedures and if applicable awarding the bid to the "sole source" 3 When there are extenuating circumstances that would make the formal RFP/RFQ process not the most cost effective approach. This often relates to qualitative, artistic or proprietary software/technological issues. The appropriate Department Head shall prepare a report to Council requesting an exemption from the formal bidding procedures. 36 61 SECTION V- PROFESSIONAL SERVICES 3X CITY COUNCIL AWARD > $40,000.00 (continued) 3 Formal Request for Proposal or Request for Qualifications (continued) g) Ongoing Professional Services 1 In some instances it is in the best interest of the City to have current ongoing contracts with multiple consultants for the same or very similar services. (i.e services that can be defined as to scope of work but not as to required events such as contract planning services, public safety investigations, soils testing, contract building inspections services, etc ) These services would best be handled by establishing an eligibility list and by entering into annual ongoing professional service contracts 2. The process for selecting firms for annual ongoing professional service contracts shall be generally the same as for other professional services contracts, however multiple firms may be awarded an ongoing contract based on the RFP/RFQ process and may be placed on the eligibility list. Additional firms/individuals may also be awarded contracts and placed on the eligibility list at a later date, using the RFP/RFQ process without impacting contracts currently in place. 3 Council shall award each ongoing contract that is expected to exceed $40,000 00 at a public meeting. 4 As events occur and need arises, work will be assigned to the consultants on the eligibility list at the sole discretion of the Department Head. The Department Head, however, shall make a reasonable attempt to rotate work between consultants subject to availability and special needs. h_Negotiation. The Department Head or designee(s) shall discuss with the highest ranked firm(s) the requirements of the project, the scope of services needed to meet the requirements, and negotiate a reasonable fee/contract for the established work assignment. h4i) Change Orders. Change orders in excess of 20% aggregate chanpre in original purchase order amount. require extended documentation of the reasons for the change order, Director of Administrative Services approval AND City Manager approval.. ~ 3.2 Awarding the Contract: The Department Head/Division Head shall prepare a report to Council recommending the most responsive consultant. The Council shall then award the contract in a public meeting. *90 37 62 SECTION V-PROFESSIONAL SERVICES 3.0 CITY COUNCIL AWARD >$40,000.00 (continued) 3.2 Awarding the contract(continued) Except for urgencies all contracts exceeding $40,000 00 must be awarded by the City Council. Otherwise ■ Such purchases are void and not considered an obligation of the city ■ Invoices may be returned to the contractor/service provider unpaid. ■ The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 3.3 Contract and Purchase Order a) A contract shall be prepared and the consultant shall sign the two original copies. b) A purchase order shall also be prepared detailing the consultant's name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department/Division will obtain a completed IRS form W-9 from the consultant. d) Proof of insurance in accordance with the contract shall be obtained e) The City Attorney shall sign the two original copies of the contract approving it as to form. f) The City Manager or his/her Council designee shall sign the two original copies of the contract approving it as to form. g) The entire purchase order, the W-9, proof of insurance and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and signature and should include a cony of the Staff Report. h) One original copy of the executed contract shall be returned to the contractor/service provider and the other original shall remain in the City Clerk's Office A copy of the executed contract shall be sent to the initiating department and a copy to the Administrative Services Department. 3 4 Renewals Contracts for ongoing services may include annual renewal provisions for up to five years. 3.5 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 20% aggregate change in contract pace. Change orders in excess of 20% shall be brought to the City Council for approval. �rw 38 63 SECTION VI PUBLIC PROJECTS PURPOSE Provide guidelines for "Public Project" procurement. Public Project means construction, reconstruction, erection, alteration, restoration, improvement, demolition, and repair work involving any facility owned, leased, or operated by the City The definition also includes painting or repainting any facility owned, leased or operated by the City Construction, erection, improvement, or repair of dams, reservoirs, and electrical transmission lines of 230,000 volts and higher that are owned by the City, are considered a public project. A public project does not include maintenance work, consisting of routine, recurring, and usual work for the preservation or protection of facilities owned or operated by the City, including minor repainting. Street and highways resurfacing at less than one inch (1") deep, landscape maintenance (mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems) are not a public project. POLICIES It is the City of Atascadero's policy to follow the uniform Construction Cost Accounting Procedures for all Public Projects, as set forth in the Public Contract Code (Article 2, commencing with Section 22010) It is also the City of Atascadero's policy to adopt the purchasing limits and policies as set forth in Public Contract Code Sections 22030 to 22045 (Appendix A) 1.0 DEPARTMENT/DIVISION AWARD <$10,000.01 The Department/Division manager may contract public projects as needed up to $10,000 per project or may be performed by the employees of the City by force account. Projects which would typically be performed by one contractor may not be split into components in order to avoid purchasing limits. These purchases do not require competitive bidding and departments are given considerable discretion in these purchases. The Department/Division will obtain a completed IRS form W-9 from the contractor prior to awarding the contract. The W-9, shall immediately be forwarded to the Administrative Services Department in order to comply with State Reporting Requirements. 39 64 SECTION VI-PUBLIC PROJECTS 2.0 CITY MANAGER AWARD LEVEL I $10,000.01 TO $30,000.001 Public Projects contracts over $10,000 and under $30,000 011 must be awarded by the City Manager or the Director of Administrative Services. The Department Head may recommend a contractor without using the informal bid process, however a purchase order and approval by the City Manager or the Director of Administrative Services is required for these purchases. The Department Head may also elect to perform the project using employee's of the City by force account. 2.1 Contract and Purchase Order a) If applicable, a contract shall be prepared and two original copies shall be signed by the contractor and the Department Head. b) A purchase order shall also be prepared detailing the contractor/service provider name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. c) The Department/Division will obtain a completed IRS form W-9 from the contractor/service provider d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and should include a copy of the informal bid summary He/she will review the contract and purchase order package for conformity to the purchasing policy,for compliance with other established procedures and for availability of funds. The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O and one original copy of the executed contract shall then be forwarded to the originating Department/Division. 2.2 Executing the Contract Once the Department/Division has received the approved Purchase Order and an original copy of the contract from the City Manager or the Director of Administrative Services, they may make arrangements with the contractor for services. 'This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy 40 65 SECTION VI-PUBLIC PROJECTS 2.0 CITY MANAGER AWARD LEVEL I $10,000.01 to$30,000.001 (continued) 2 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than $30,000 annual contract amount. Change orders may not exceed the$30,000 contract amount. 3.0 CITY MANAGER AWARD LEVEL II $30,000.011 to $125,000.001 Public Projects contracts over$30,000 001 and under$125,000 011 may be let to contract by the informal bid process set forth in this policy 3 1 Informal Bids. The City shall solicit informal bids in accordance with Public Contract Code Sections 22034-22036. (See Appendix A) 3.2 Contract and Purchase Order a) A contract shall be prepared and two original copies shall be signed by the contractor and Department Head. b) A purchase order shall also be prepared detailing the contractor/service provider name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the authorized Department/Division employee. c) The Department/Division will obtain a completed IRS form W-9 from the contractor/service provider d) The entire purchase order, the W-9 and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval. He/she will review the contract and purchase order package for conformity to the purchasing policy, for compliance with other established procedures and for availability of funds The City Manager or the Director of Administrative Services shall then approve and sign the purchase order The original P O and one original copy of the executed contract shall then be forwarded to the originating Department/Division. 'This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy 41 66 SECTION VI-PUBLIC PROJECTS err+► 3.0 CITY MANAGER AWARD LEVEL II $30,000.011 to $125,000.001 (continued) 3.3 Executing the Contract Once the Department/Division has received the approved Purchase Order and an original copy of the contract from the City Manager or the Director of Administrative Services, they may make arrangements with the contractor for services. 34 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a less than a 20% aggregate change in the contract price, not to exceed the $125,000 contract limit. Change orders in excess of the 20% aggregate or the $125,000 contract ftwiewRAnnit shall be brought to the City Council for approval. 4.0 CITY COUNCIL AWARD > $125,000.001 Public Projects exceeding $125,0001 must be formally bid and awarded by the City Council in accordance with Public Contract Code Sections 22037 to 22044 41 Formal Bidding The City shall solicit formal bids in accordance with Public Contract Code Sections 22037-22044 (See Appendix A) The initiating Department/Division shall be responsible for completion of the formal bid process, however the process shall be coordinated with the City Clerk's Office and the Administrative Services Department. a) Bid Forms. The initiating department shall prepare a bid form including detail specifications for the services to be purchased. The following format is suggested for competitive bids 1 Submission of bids (or proposals) — Include date, time, location and bid number as assigned by the City Clerk. Include a detail list of the information the bid or proposal should contain 2. Questions — List the name, address, and telephone number of the person to be contacted concerning questions about the project. This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy 42 67 SECTION VI-PUBLIC PROJECTS 4.6 CITY COUNCIL AWARD > $125,000.001 (continued) 4 1 Formal Bidding (continued) a) Bid Forms (continued) 3 Background - Provide as much background as necessary to give the bidder an understanding of the environment in which the fob will be performed and to which the fob relates. 4 Scope of work — Describe in detail the requirement for the fob and detail specification. 5 Desired project schedule—Be as specific as possible 6 Minimum and desirable qualifications—Be as specific as possible 7 Performance Bond- Whether a performance bond is required and if so, the amount and form of bidders security 8 Sample Contract- A sample of the contract that is expected to be used should be included in the bid package. b) Notice Inviting Bids The initiating department shall also prepare a notice inviting bids that includes the following- 1 A general description of the services to be purchased. 2. A statement indicating where bid forms, specifications and bonding requirements can be obtained. 3 A statement specifying the time and place for the opening of the bids. 4 The notice shall be published at least fourteen calendar days before the date of the opening of bids in a newspaper of general circulation, printed and published in the City (It is recommended that it be published twice, not less than five days apart.) 5 The notice shall also be mailed to all construction trade journals specified in Section 22036 of the Public Contract Code. The notices shall be mailed at least thirty(30) calendar days before the date of opening the bids. c) Bid Opening 1 Sealed bids shall be submitted to the City Clerk's office and shall be clearly identified with the Bid number on the envelope. Faxed or other electronic bids are not acceptable 2. Bids shall be opened in public at the time and place stated in the public notice 3 The City Clerk or his/her designee shall open the bids and shall record all bids received. ' This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy Nwooi 43 68 SECTION VI- PUBLIC PROJECTS 4.0 CITY COUNCIL AWARD > $125,000.001 (continued) 4 1 Formal Bidding(continued) c) Bid Opening (continued) 4 Any bid received after the time specified in the notice shall be rejected. 5 When a bidder's security is required, it will be announced in the public notice inviting bids. The amount shall be determined at the time of preparation of the bid. It shall be in the form of cash, certified or cashier's check, certificate of deposit in the City of Atascadero's name or bid bond made payable to the City of Atascadero When a bidder's security is required, a bid shall not be considered unless one of the aforementioned forms of security accompanies the bid. Bidders shall be entitled to return of the bid security with the following exception. ■ The successful bidder must execute the contract and file acceptable documents within thirty (30) calendar days from the date of award unless extended by the City Manager Failure to execute the contract shall be just cause for annulment of the award and forfeiture of the bidder's security, not as a penalty, but as liquidated damages. The City Council may, upon refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest bidder 6 All bids received shall be available for inspection during regular business hours in the City Clerk's office for a period of not less than thirty (30) calendar days after the bid opening. d) Refection of Bids The City reserves the right to refect any and all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the City If after the first invitation of bids all bids are refected, the City may elect to re-advertise for bids or have the project done by force account. (See Section 22038 of the Public Contract Code for Procedures and limitations) e) Determining Lowest Responsible Bidder- Award of bid shall be to the lowest responsible bidder All valid responsible bids shall be considered in determining the lowest bid. Before the award, the bidder may be required to furnish evidence of capability, equipment and financial resources to adequately perform the work. Bidders not found to be qualified may have their bid rejected. 1 This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy 44 69 SECTION VI- PUBLIC PROJECTS 4.0 CITY COUNCIL AWARD > $125,000.001 (continued) 4 1 Formal Bidding(continued) f) Tie Bids. If tie bids are received, quality and service being equal, the contract shall be awarded to a local bidder If the above condition is not applicable, the City may, at its discretion. 1 Refect any and all bids presented and re-advertise, or 2. City may accept either one or accept the lowest bid made by negotiation with the tie bidders, or 3 Award the bid to any one of the low tie bidders by public drawing. 4.2 Awarding the Bid Once the bids have been evaluated, the Department Head/Division Head shall prepare a report to Council recommending the most responsive bidder The Council shall then award the bid in a public meeting All public project contracts exceeding $125,000 001 must be awarded by the City Council. Otherwise- 1 Such purchases are void and not considered an obligation of the City 2. Invoices may be returned to the contractor/service provider unpaid. 3 The person ordering the unauthorized purchase may be held personally liable for the costs of the contract. 4.3 Contract and Purchase Order a) A contract shall be prepared and two original copies shall be signed by the contractor b) A purchase order shall also be prepared detailing the contractor name, service being purchased, estimated total price of the service being purchased and budget account to be charged. The purchase order shall be signed and dated by the Department Head. c) The Department/Division will obtain a completed IRS form W-9 from the contractor/service provider d) Proof of insurance in accordance with the contract shall be obtained e) Performance and payment bonds shall be obtained. (Bonds must be in a form accepted by the City and must meet all City requirements.) ' This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy 45 70 SECTION VI-PUBLIC PROJECTS 4.0 CITY COUNCIL AWARD > $125,000.001 (continued) 'O✓ 4.3 Contract and Purchase Order(continued) f) The City Attorney shall sign the two original copies of the contract approving It as to form. g) The City Manager or his/her Council designee shall sign the tow original copies. h) The entire purchase order, the W-9, proof of insurance, copies of the bonds, and both original copies of the contract shall be submitted to the City Manager or the Director of Administrative Services for approval and signature and should include a copy of the Staff:Report. 1) One original copy of the executed contract shall be returned to the contractor and the other original shall remain In the City Clerk's Office. A copy of the executed contract shall be sent to the initiating department and a copy to the Administrative Services Department. 44 Change Orders The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result In less than a 20% aggregate change In contract price. Change orders In excess of 20% shall be brought to the City Council for approval. ' This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract Code Section hereby are adopted as part of this policy ,%we 46 71 SECTION VII Vao TRAVEL AND EXPENSE REIMBURSEMENTS PURPOSE AND SCOPE The City of Atascadero's ("City") travel policy prescribes procedures for Officials and Employees to report and be reimbursed for official travel and business expenses. The following guidelines and procedures are set forth to minimize costs, improve accountability and ease management review of reimbursement claims. This policy applies to elected and appointed Officials of the City and all Employees of the City Department Heads may adopt more restrictive policies due to budget limitations or requirements of other government agencies Compensation to Employees for travel time shall be consistent with the requirements of the Fair Labor Standards Act. This policy assumes a mutual trust between the City and its Officials and Employees. The City shall reimburse Officials and Employees for all reasonable costs incurred on behalf of the City Officials and Employees are expected to use good judgment in spending public funds which have been entrusted to them. Misuse or misappropriation of City funds and equipment not in conformance with this policy may result in disciplinary action, which for Employees may include termination of employment. DEFINITIONS 11000, OFFICIAL When used in Section VII, an Official shall refer to any individual elected to a City office(e.g., a City Council member, City Clerk, or City Treasurer) or any individual appointed to an office by the City Council (e.g., a member of the Planning Commission) For purposes of Section VII, an Official is never considered to be an Employee. EMPLOYEE When used in Section VII, an Employee shall refer to anyone who volunteers on behalf of the City or anyone who holds a paid position with the City For purposes of Section VII, an independent contractor shall not be considered an Employee POLICIES 1.0 GENERAL PROVISIONS 1 1 Travel shall be authorized only when necessary and in the best interest of the City The City shall reimburse actual, reasonable and necessary expenses incurred while on City business, not to exceed established guidelines Expenses incurred in connection with the following types of activities are hereby deemed authorized expenses, as long as the other requirements of this policy are met. a. Communicating with representatives of regional, state and national 47 72 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 1.0 GENERAL PROVISIONS (continued) government on the City's adopted policy positions, b Attending educational seminars designed to improve an Official's or Employee's skill and/or knowledge, c Participating in regional, state and national organizations whose activities affect the City's interests, and d. Implementing a City-approved strategy for attracting or retaining businesses to the City, which shall typically involve at least one staff member; and e. For any Employee, any other general City business authorized by that Employee's Department Head. Expenditures for any other type of activity require prior approval by the City Council for Officials and City Manager for Employees 12 The City shall NOT reimburse personal expenses, including but not limited to a. The personal portion of any trip, b Political or charitable contributions or events, c Family expenses, including a partner's expenses when accompanying an Official or Employee on agency-related business, as well as children- or pet-related expenses, d. Entertainment expenses, including theater,movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events, e. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline, and f. Personal losses incurred while on City business. 13 City Officials and Employees should neither enrich themselves nor be required to use their own funds while traveling on City business. 14 The City Manager or his/her designee must approve all proposed travel out of the San Luis Obispo/Santa Barbara County area for City Employees. References in this policy to out-of-area travel shall mean travel outside the San Luis Obispo/Santa Barbara County area. *Ar 48 73 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 1.0 GENERAL PROVISIONS (continued) 1 5 Travel and expense funded by the Commission of Peace Office Standards and Training (POST) Commission shall be subject to restrictions currently in effect from POST POST shall govern expenditure limitations for meals and lodging, supercedmg this policy When preparing reimbursements for POST, a copy of the reimbursement request shall be forwarded to the Administrative Services Department to track the receivable. 2.0 AUTHORIZATION FOR TRAVEL AT CITY EXPENSE 2.1 Authorization Levels a. Within the San Luis Obispo/Santa Barbara County Area. Employees must obtain department head approval prior to official travel within San Luis Obispo County/Santa Barbara area or same day travel outside the area. b Outside the San Luis Obispo County/Santa Barbara County Area(Within California). Employees must obtain Department Head and City Manager or the Director of Administrative Services approval prior to travel and overnight stay outside the San Luis Obispo/Santa Barbara County area on City business. c Out of State. Employees must obtain the City Manager's prior written approval for any Official out-of-state travel. 2.2 Exceptions Mutual/Auto Aid travel shall be reported to the City Manager as time permits. Prior approval may not be possible 2.3 Format for Request The information to be submitted with all requests for out-of-area travel is as follows a. Requests must be submitted in advance of the actual travel. b Department Head or his/her designee shall confirm by means of their authorization that the appropriate budget is available for the travel. C. Total cost of the proposed travel shall be itemized, including all costs for registration fees, lodging, meals, transportation, etc 49 74 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 3.0 LODGING Lodging expenses consist of charges for out-of-area overnight accommodations as required for conduct of official City business. Lodging expenses shall be reimbursed or paid for when travel on official City business reasonably requires an overnight stay 3 1 Stay Reasonably Required An overnight stay is reasonably required when the traveler would otherwise have to leave his or her residence before 6.00 a.m. on the day of the event to arrive at the destination at the designated time. Lodging expense is allowable for the evening after an out-of-town meeting or business event when the traveler would otherwise arrive at his/her residence after 9.00 p.m. 32 Lodging Rates If possible,Employees and Officials should make hotel/motel reservations well in advance and take other actions to incur the lowest possible lodging expenses(e.g. compare rates, request occupancy tax exemptions, etc ) a. Government Rates Employees and Official must request government rates when making reservations or registering at hotels/motels. If possible, Employees and Official should make hotel/motel reservations well in advance and take other actions to incur the lowest possible lodging expenses (e.g. compare rates, request occupancy tax exemptions) Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy b Group Rates If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section. c Alternatives In the event that government rates or group rates are not available at a given time or in a given area, there are three options available to Employees and Officials 1. Option#1 (Median Hotel Cost)- Lodging rates that do not exceed the median retail price for moderate lodging for that area listed on websites like www.pnceline.com or an equivalent service shall be considered reasonable and hence reimbursable. ii. Option#2 (Flat Cap) Lodging rates that do not exceed one hundred eighty dollars ($180)per night are presumed reasonable and hence reimbursable. 50 75 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 3.0 LODGING (continued) Ili. Option#3 (IRS Rates) Lodging rates that do not exceed the Internal Revenue Service per diem rates for a given area are presumed reasonable and hence reimbursable. 3.3 Special Lodging With prior City Manager approval, the City may reimburse Employees for special lodging accommodations, i.e., other than hotels or motels. Special accommodations include,but are not limited to, apartments, RV parks, and other semi-permanent dwellings. 34 Use of Lodging as a Guest of Friends or Relatives Employees and Officials may stay with friends or relatives while on out-of-town business, however, the City shall not reimburse Employees and Officials for payment to friends or relatives for lodging, meals, or transportation. 3.5 Credit Card Use Employees and Officials may charge all lodging costs on City credit cards but must reimburse the City for unauthorized expenses upon return. 4.0 MEALS Allowable meal expenses include food and beverages purchased and consumed while on official City business, provided these items are not covered by other expenses, i.e., conference fees, airline fares, lodging, etc. AB 1234 prohibits per diem reimbursements for Officials, therefore the per diem method of reimbursements is for City Employees only 41 Rate of Reimbursement Officials may be reimbursed for eligible meal expenses, while Employees may either receive a per diem or be reimbursed for eligible meal expenses. a. Per Diem Method. A per diem of$5100 shall be paid to Employees for meals associated with each day of travel as follows 1 Breakfast $1000 2. Lunch $1500 3 Dinner $2600 b Reimbursement Method. Each meal, including gratuity, shall be reimbursed to Official or Employee up to the Domestic Per Diem Rates per US General Services Administration per-meal guideline and must be accounted for separately on a reimbursement claim. Under special 51 76 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 4.0 MEALS (continued) circumstances,the City Manager may approve individual meal expenses (for Employees only) above the guideline with written justification, copies of restaurant bills, and evidence of department head approval. If an individual claims meal expenses for more than one Employee, s/he must list all Employees on the expense reimbursement form. c Normally, meals are reimbursable under the following time criteria. MEAL TRAVEL BEGINS BEFORE & TRAVEL ENDS AFTER Breakfast 7.00 a.m. 8.00 a.m. Lunch 11.00 a.m. 1.00 P.M. Dinner 5.00 p.m. 6.00 p.m. 42 Meals Purchased on Travels That Do Not Include an Overnight Stay Normally, the City will NOT reimburse employees for meals purchased within the City of Atascadero or surrounding areas, while they are engaged in day-to-day job duties, or engaged in any one-day travel that does not include an overnight stay However, Department Heads may authorize reimbursement under the following circumstances. ■ Attendance at job-related conferences or meetings held in the City or surrounding regions extending over meal times, and the business of the conferences or meetings is pursued during the meals, or ■ In special cases,the City Manager may authorize the purchase of meals for employees while within the City in conjunction with City business as appropriate. ■ During emergencies declared by authorized government authorities in which City employees must work for more that two hours beyond the normal duty day 4.3 Reimbursement of City Officials or Employees for Costs of Meals Purchased for Non-City Personnel The City may reimburse Officials and Employees for purchasing meals for non- City personnel in any of the following circumstances ■ If authorized by the City Manager ■ For oral board members 52 77 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 4.0 MEALS (continued) ■ For emergency workers responding to City requests for mutual aid under mutual aid agreements or for emergency workers acting on behalf of the City under emergencies declared by authorized government entities. ■ For special cases, the Department Head may authorize as appropriate the purchase of meals for non-city personnel in conjunction with City business or in cases where there is benefit to the City by purchasing such meal. 5.0 TRANSPORTATION Transportation expenses are the direct costs of transporting Employees from authorized points of departure,to travel destinations and authorized points of return. These expenses normally include, but are not limited to, common carrier tickets, private vehicle mileage and car rental charges. Other transportation expenses include taxi,bus, and streetcar fares, road, bridge, and ferry tolls, parking fees, and other costs directly related to transporting Employees to and from temporary work locations. Transportation expenses not covered include. personal travel, traffic and parking violations and emergency repairs on private vehicles. NOTE City gas cards and Cal-Cards should not be used for fuel purchases on personal vehicles. 5 1 Mode of Transportation When traveling on City business, Officials and Employees should use the least expensive modes of transportation consistent with time requirements and work schedules. The City shall reimburse travelers for the most cost-effective transportation means, considering both direct costs and Employee time management. 5.2 Rate of Reimbursement: Officials and Employees who do not receive monthly auto allowances shall be reimbursed for travel mileage incident to the authorized use of privately-owned vehicles on City business Reimbursement shall be at the rate currently prescribed and necessary expenses incident to the use of privately owned vehicles, including insurance, repairs, and other transportation-related costs. The City shall not reimburse individuals for gasoline purchases when they claim the per-mile 53 78 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 5.0 TRANSPORTATION (continued) r reimbursement rate for private vehicles. This amount does not include bridge and road tolls which are also reimbursable. 5.3 Commercial Auto Rental The City shall reimburse Officials and Employees for actual and necessary costs of rental when substantiated by invoice. Rental of an automobile should be limited to those situations where it is determined that it the most economical method of transportation or with Department Head approval, in those situations where it would create a hardship for the Employee to use a personal vehicle The size of an auto rented shall be the least expensive size appropriate to the use required by the Employee. Rental rates that are equal or less than those available through the State of California's website (www.cati-avelsmai-t.com/defaul.t.htin) shall be considered the most economical and reasonable for the purpose of reimbursement under this policy If possible, travelers should refuel rental vehicles before returning them to rental agencies. Employees may use City credit cards to pay for rental vehicles. 54 Air Travel. When an Employee claims commercial airline expenses, the cost shall be limited to the least expensive class available, unless prior approval of City Manager for upgrade. Travelers shall attempt to use the lowest airline rates available. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.or /t el), the California State Association of Counties (www.csac.counties.org/default.asp?j.d=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy Reservations should be made as far in advance as possible to take advantage of available discounts. Frequent flier mileage and bonus points or premiums, such as discounts on future fares, received, as a result of travel on Official City business shall accrue to the City 5.5 Taxis and Other Local Transportation. The City shall reimburse the cost of taxi fare including a fifteen percent(15%) gratuity per fare to and from places of business, hotels, airports, or railroad stations in connection with official activities and meals. Taxis are permitted only when suitable and more economical services are not reasonably available Whenever available, Employees must attempt to use complimentary hotel/motel shuttle services. 54 79 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT C BUSINESS EXPENSES Business expenses are those incidental to official travel other than transportation, lodging, and meals. Receipts shall be required for all business expenses, except as provided in paragraph 7.3 6.1 General The City shall reimburse Employees for business expenses, provided they do not include the costs of discretionary items intended for personal benefit or pleasure, such as entertainment, or barber and beauty shop charges. Business expenses normally include, but are not limited to, the following• ■ Conference registration fees (if not paid by separate claims) ■ Officials and Employees shall be reimbursed for actual telephone and fax expenses incurred doing City business. Telephone bills should identify which calls were made doing City business. For cellular telephone calls when the Official or Employee has a particular number of minutes included in his or her plan, the Official or Employee can identify the percentage of calls made doing public business. Employees shall be reimbursed for one personal telephone call per day All other personal telephone calls are the Employee's responsibility More calls per day may be authorized by the Department Head in special circumstances. ■ Reasonable amounts paid to baggage handlers, porters, and other service personnel. 7.0 REIMBURSEMENT CLAIMS 71 General a. Officials and Employees must submit expense claims upon return. Officials and Employees should submit approved travel claims (along with supporting vouchers and receipts) within six weeks after completion of travel. All claims must have travelers' signatures and, for Employees, Department or Division Head approval. b Receipts documenting each expense must be submitted with the appropriate paperwork to accounts payable. Inability to provide documentation in a timely fashion may result in the expense being borne by the Official or the Employee C. There shall be no settlement of claims totaling less than $100 d. All expenses are subject to verification that they comply with this policy 55 80 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 7.0 REIMBURSEMENT CLAIMS (continued) 7.2 Claim Forms Claim forms shall include ■ Consistent with this Policy, the City business involved. ■ Dates of travel. ■ Travelers' names. ■ Travel destinations. ■ Expense identification, i.e., seminars, meals, plane fare, etc ■ Dollar amounts of all expenses. ■ Personal expenses only if part of City credit card charges These must be subsequently subtracted from claim totals. ■ Additional explanations as needed to substantiate claims. 8.0 REGISTRATION/EXPENSE ADVANCES 81 Minimum City Employees may request advances for reimbursable travel expenses. The minimum advance shall be$50 City Officials may not receive cash advances from the City If advances exceed actual expenses, Employees must remit the difference when they file their claims. If a trip is canceled, the advance must be remitted within one week of the cancellation. 8.2 Reservation and Registration Official and Employees may use City credit cards for reservations and registration. If a reservation shall result in an actual charge to the City, the traveler must request a receipt and submit a claim. 9.0 REPORTS TO GOVERNING BOARDS At the City Council meeting following the conference or other business for which any reimbursable expenses were incurred by an Official, each Official shall briefly report on meetings or other business attended at the City's expense If multiple Officials attend, a point report may be made. tire' 56 81 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 10.6 RESPONSIBILITY AND ACCOUNTABILITY 101 Administration Each Department Head shall be held responsible and accountable for the administration of this policy within his/her department. Department heads should consult with the Administrative Services Director and/or City Manager on questions related to this policy The City Manager shall annually review the practices and reports of the various departments in regard to the administration of this policy Each City Official shall be held responsible and accountable for the administration of this policy for his/her own travel. City Officials should consult with the Administrative Services Director and/or City Manager on questions related to this policy 10.2 Compliance with Laws Officials and Employees should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other laws. 10.3 Violation of This Policy a. Loss of reimbursement privileges, b A demand for restitution to the City; C The agency's reporting the expenses as income to the elected Official to state and federal tax authorities, d. Civil penalties of up to one thousand dollars ($1,000) per day and three times the value of the resources used, and e Prosecution for misuse of public resources 11.0 AUDITS OF EXPENSE REPORTS All expenses are subject to verification that they comply with this Policy 1100 57 82 Section VIII I"' PETTY CASH PURPOSE To provide guidelines for the purchase of minor items using petty cash. Petty cash purchases are not designed to circumvent normal purchasing procedures, but are designed to expedite the acquisition of emergency needs and less significant items. POLICIES 1.0 PURCHASES 1 1 Petty cash may be used for purchases up to $50 00 Any petty cash purchases over $50 00 shall be approved by the Director of Administrative Services in advance. 1.2 A Petty Cash Slip shall be completed and a receipt attached for all petty cash purchases. The Petty Cash Slip must be approved by the appropriate Department/Division manager It should include the account to be charged and a brief description of the item to be purchased. 1.3 An employee may request a petty cash advance for purchases up to $50 00 or the estimated amount, whichever is less. Prior to receiving the cash, the employee must submit an approved Petty Cash Slip After the purchase, the receipt and remaining funds shall be returned to the petty cash box, and the Petty Cash Slip shall be adjusted to reflect actual expenditures. 2.0 PETTY CASH BOXES 2.1 The Director of Administrative Services is responsible for assigning petty cash boxes. 2.2 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 uses. 2.3 Any department with a petty cash box is responsible for reconciling cash to receipts on at least a bi-weekly basis Any irregularities shall be reported promptly to the Administrative Services Department. 58 83 Section IX DISPOSAL OF ASSETS PURPOSE Provide for the proper transfer, disposition, and accountability of surplus and obsolete City property (other than land and buildings) POLICY It is necessary to provide for the disposal of surplus and obsolete material or equipment. 1.0 MINOR PROPERTY- ORIGINAL COST< $500.01 The Department/Division manager may authorize the disposal of surplus supplies, equipment, or tools with an original value of less than $500 01 and an estimated current value of less than $25 00 The Department/Division manager is given considerable discretion in disposing of this property 2.0 OTHER PROPERTY- ORIGINAL COST > $500.00 When an item with an original cost > $500 00 is no longer needed, becomes worn out, or becomes obsolete, the Department/Division head will submit an Idle Equipment form to the Administrative Services Director for authorization. Once the Administrative Services Director has given the authority to dispose of the assets, the items may be sold through surplus or other auctions, exchanged or transferred to another City function, traded in for new supplies and/or equipment, or disposed of in another reasonable manner Administrative Services Director is also authorized to dispose of said property for the highest scrap value or cause its destruction or other disposition. This policy will not apply to real property or unclaimed property held by the Police Department. 59 84 Appendix A Appendix A Public Contract Code PCC §22030 This article applies only to a public agency whose governing board has by resolution elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010) and which has notified the Controller of that election. In the event of a conflict with any other provision of law relative to bidding procedures, this article shall apply to any public agency which has adopted a resolution and so notified the Controller PCC §22031 Nothing in this article shall prohibit a board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth in this article, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1 PCC §22032 (a) Public projects of thirty thousand dollars ($30,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order (b) Public projects of one hundred twenty-five thousand dollars ($125,000) or less may be let to contract by informal procedures as set forth in this article. (c) Public projects of more than one hundred twenty-five thousand dollars ($125,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure PCC §22033 It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. PCC §22034 Each public agency that elects to become subject to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) shall enact an informal bidding ordinance to govern the selection of contractors to perform public projects pursuant to subdivision (b) of Section 22032. The ordinance shall include all of the following- (a) The public agency shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. (b) All contractors on the list for the category of work being bid or all construction trade journals specified in Section 22036, or both all contractors on the list for the category of work being bid and all construction trade journals 60 86 Appendix A Public Contract Code PCC §22034 (continued) r specified in Section 22036, shall be mailed a notice inviting informal bids unless the product or service is proprietary (c) All mailing of notices to contractors and construction trade journals pursuant to subdivision (b) shall be completed not less than 10 calendar days before bids are due. (d) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids (e) The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person. (f) If all bids received are in excess of one hundred twenty-five thousand dollars ($125,000), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred thirty-seven thousand five hundred dollars ($137,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. PCC §22035 (a) In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two (b) In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with Chapter 2.5 (commencing with Section 22050) PCC §22035.5 In counties that are under court order to relieve justice facility overcrowding, the procedures and restrictions specified in Section 20134 shall apply to all contracts issued under this chapter PCC §22036 The commission shall determine, on a county-by-county basis, the appropriate construction trade journals which shall receive mailed notice of all informal and formal construction contracts being bid for work within the specified county PCC §22037 Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 61 87 Appendix A Public Contract Code PCC §22037 (continued) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or, if there is no newspaper printed and published within the jurisdiction of the public agency, in a newspaper of general circulation which is circulated within the jurisdiction of the public agency, or, if there is no newspaper which is circulated within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its notices. The notice inviting formal bids shall also be mailed to all construction trade journals specified in Section 22036 The notice shall be mailed at least 30 calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper PCC §22038 (a) In its discretion, the public agency may reject any bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder The notice shall inform the bidder of the agency's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the agency intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the public agency shall have the option of either of the following: (1) Abandoning the project or readvertismg for bids in the manner described by this article. (2) By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency, may have the project done by force account without further complying with this article. (b) If a contract is awarded, it shall be awarded to the lowest responsible bidder If two or more bids are the same and the lowest, the public agency may accept the one it chooses. (c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract without further complying with this article PCC §22039 The governing body of the public agency shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subdivision (c) of Section 22032. PCC §22040 Any person may examine the plans, specifications, or working details, or all of these, adopted by the public agency for any project. 62 88 Appendix A Public Contract Code PCC §22041 This article does not apply to the construction of any public building used for facilities of juvenile forestry camps or juvenile homes, ranches, or camps established under Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, if a mayor portion of the construction work is to be performed by wards of the juvenile court assigned to those camps, ranches, or homes PCC §22042 The commission shall review the accounting procedures of any participating public agency where an interested party presents evidence that the work undertaken by the public agency falls within any of the following categories (a) Is to be performed by a public agency after refection of all bids, claiming work can be done less expensively by the public agency (b)Exceeded the force account limits. (c) Has been improperly classified as maintenance PCC §22043 In those circumstances as set forth in subdivision (a) of Section 22042, a request for commission review shall be in writing, sent by certified or registered mail received by the commission postmarked not later than five business days from the date the public agency has refected all bids. In those circumstances set forth in subdivision (b) or (c) of Section 22042, a request for commission review shall be by letter received by the commission not later than five days from the date an interested party formally complains to the public agency The commission review shall commence immediately and conclude within 30 days from the receipt of the request for commission review During the review of a project that falls within subdivision (a) of Section 22042, the agency shall not proceed on the project until a final decision is received by the commission. PCC §22044 The commission shall prepare written findings. Should the commission find that the provisions of this chapter or of the uniform cost accounting procedures provided for in this chapter were not complied with by the public agency, the following steps shall be implemented by that agency, (a) On those projects set forth in subdivision (a) of Section 22042, the public agency has the option of either- (1) abandoning the project, or (2) awarding the project to the lowest responsible bidder (b) On those projects set forth in subdivision (b) or (c) of Section 22042, the public agency shall present the commission's findings to its governing body and that governing body shall conduct a public hearing with regard to the commission's findings within 30 days of receipt of the findings. 63 89 Appendix A Public Contract Code I-9C f§22045 (a) No later than January 1, 1985, the commission shall recommend, for adoption by the Controller, written procedures implementing the accounting procedures review provided for in this article. (b) The Controller shall, upon receipt of the commission's recommendation, review and evaluate the recommended procedures and either formally adopt or refect the recommended procedures within 90 days of submission of the commission. 64 90 ITEM NUMBER A- 3 DATE 09/08/09 Iola I ie e I A tascadero City Council Staff Report - Administrative Services Department June 2009 Accounts Payable and Payroll RECOMMENDATION Council approve certified City accounts payable, payroll and payroll vendor checks for June 2009 DISCUSSION Attached for City Council review and approval are the following Payroll Dated 06/11/09 Checks # 26951 - 26988 $ 24,687 94 Direct Deposits 258,779 37 Dated 06/25/09 Checks # 26989 - 27030 28,756 71 Direct Deposits 253,817 47 Accounts Payable Dated 06/01/09-06/30/09 Checks # 120634 - 120910 & EFTs 738 - 746 1,418,936 62 TOTAL AMOUNT $ 1,984,978 11 FISCAL IMPACT Total expenditures for all funds is $ 1,984,978 11 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these deman Rachel16 Rickard, Director of Administrative Services ATTACHMENT June 2009 Eden Warrant Register in the amount of $ 1,418,936 62 91 City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 120634 06/01/2009 NICKSON'S MACHINE SHOP INC Accounts Payable Check 29,898 48 738 06/02/2009 RABOBANK, N.A. Payroll Vendor Payment 46,289 01 739 06/02/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,049 99 740 06/02/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1 37649 120635 06/05/2009 ADPRO Accounts Payable Check 1,95950 120636 06/05/2009 AGP VIDEO INC Accounts Payable Check 4 550 00 120637 06/05/2009 AIR RITE REFRIGERATION Accounts Payable Check 251 40 120638 06/05/2009 ALTHOUSE&MEADE, INC Accounts Payable Check 18750 120639 06/05/2009 AMERICAN MARBORG Accounts Payable Check 17865 120640 06/05/2009 ARAMARK UNIFORM SERVICES Accounts Payable Check 171.37 120641 06/05/2009 AT&T Accounts Payable Check 2549 120642 06/05/2009 AT&T Accounts Payable Check 246.92 120643 06/05/2009 ATASCADERO COMMUNITY Accounts Payable Check 31,133 00 120645 06/05/2009 ATASCADERO MUTUAL WATER CO Accounts Payable Check 12,079 85 120646 06/05/2009 ATASCADERO NEWS Accounts Payable Check 2,927.50 120647 06/05/2009 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 57600 120648 06/05/2009 BATTERY SYSTEMS Accounts Payable Check 9090 120649 06/05/2009 BOB MURRAY&ASSOCIATES Accounts Payable Check 7 954 11 120650 06/05/2009 REX L BOLLER Accounts Payable Check 126 , 120651 06/05/2009 BUTLER BUSINESS MACHINES Accounts Payable Check 15000 120652 06/05/2009 LISA CAVA Accounts Payable Check 715 120653 06/05/2009 BRADY CHERRY Accounts Payable Check 30000 120654 06/05/2009 CHICAGO GRADE LANDFILL Accounts Payable Check 8000 120655 06/05/2009 KATHY J CINOWALT Accounts Payable Check 322.00 120656 06/05/2009 CITY NATIONAL BANK Accounts Payable Check 155,341.25 120657 06/05/2009 CITY OF ATASCADERO Accounts Payable Check 9950 120658 06/05/2009 CJP PRODUCTIONS INC Accounts Payable Check 8900 120659 06/05/2009 COAST ELECTRONICS Accounts Payable Check 14403 120660 06/05/2009 COASTAL COPY LP Accounts Payable Check 64.87 120661 06/05/2009 CREEK ENVIRONMENTAL LAB INC Accounts Payable Check 51000 120662 06/05/2009 CRYSTAL SPRINGS WATER Accounts Payable Check 77.80 120663 06/05/2009 CWEA TRI-COUNTIES SECTION Accounts Payable Check 4000 120664 06/05/2009 DALZELL ENTERPRISES Accounts Payable Check 2975 120665 06/05/2009 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 5900 120666 06/05/2009 BRIAN DANA Accounts Payable Check 51,900.35 120667 06/05/2009 DECOU LUMBER COMPANY Accounts Payable Check 1,16661 120668 06/05/2009 NATHAN GEORGE DOSTER Accounts Payable Check 2400 120669 06/05/2009 EIKHOF DESIGN GROUP INC Accounts Payable Check 2,18750 120670 06/05/2009 ESCUELA DEL RIO Accounts Payable Check 72 9c City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 120671 06/05/2009 FLUID RESOURCE MANAGEMENT,INC Accounts Payable Check 71460 120672 06/05/2009 WARREN FRACE Accounts Payable Check 30000 120673 06/05/2009 FRAZEE INDUSTRIES INC Accounts Payable Check 188.27 120674 06/05/2009 GAS COMPANY Accounts Payable Check 356.20 120675 06/05/2009 GEM AUTO PARTS Accounts Payable Check 57810 120676 06/05/2009 GILBERT'S LANDSCAPES Accounts Payable Check 40000 120677 06/05/2009 KELLY GLEASON Accounts Payable Check 19.25 120678 06/05/2009 KENNETH J GLYNN Accounts Payable Check 36400 120679 06/05/2009 GREEN WITH ENVY LANDSCAPING Accounts Payable Check 12,352 00 120680 06/05/2009 GRISANTI HARDWARE Accounts Payable Check 20.25 120681 06/05/2009 GROUND UP DESIGN&CONST MGMT Accounts Payable Check 51750 120682 06/05/2009 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 5 768 50 120683 06/05/2009 HOME DEPOT Accounts Payable Check 3,28552 120684 06/05/2009 INGLIS PET HOTEL Accounts Payable Check 33411 120685 06/05/2009 JESPERSEN'S TIRE SERVICE, INC Accounts Payable Check 67142 120686 06/05/2009 JIFFY LUBE/SOUND BILLING Accounts Payable Check 3869 120687 06/05/2009 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 1 79357 120688 06/05/2009 K.D JANNI LANDSCAPING INC Accounts Payable Check 36778 120689 06/05/2009 KIDZ LOVE SOCCER, INC Accounts Payable Check 1,00800 120690 06/05/2009 KRITZ EXCAVATING&TRUCKING Accounts Payable Check 381 96 120691 06/05/2009 ANDREW LAMAR Accounts Payable Check 13.22 120692 06/05/2009 LANDSCAPES BY STACH Accounts Payable Check 1,07500 120693 06/05/2009 JAMES R. LEWIS Accounts Payable Check 25000 120694 06/05/2009 MAINLINE UTILITY CO Accounts Payable Check 1,12500 120695 06/05/2009 WADE MCKINNEY Accounts Payable Check 91306 120696 06/05/2009 MICHAEL W MERCHANT Accounts Payable Check 82500 120697 06/05/2009 MID-COAST MOWER&SAW Accounts Payable Check 1400 120698 06/05/2009 MINER'S ACE HARDWARE Accounts Payable Check 51818 120699 06/05/2009 MISSION UNIFORM SERVICE Accounts Payable Check 5474 120700 06/05/2009 JOHNNY F MITCHELL Accounts Payable Check 24700 120701 06/05/2009 MPI DOCUMENT MANAGMENT Accounts Payable Check 8456 120702 06/05/2009 DAVID MUEHLHAUSEN Accounts Payable Check 18000 120703 06/05/2009 NAVAJO ROCK&BLOCK Accounts Payable Check 41201 120704 06/05/2009 NICK E. POKRAJAC INC. Accounts Payable Check 41 833.84 120705 06/05/2009 NORTH COAST ENGINEERING INC Accounts Payable Check 1,05000 120706 06/05/2009 NOWDOCS INTERNATIONAL, INC Accounts Payable Check 24953 120707 06/05/2009 OFFICE DEPOT INC. Accounts Payable Check 5.20 120708 06/05/2009 OUTLET TOOL SUPPLY Accounts Payable Check 64.93 120709 06/05/2009 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 6700 120710 06/05/2009 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 1 433 18 120711 06/05/2009 PAVEMENT ENGINEERING INC Accounts Payable Check 96500 93 City of Atascadero Disbursement Listinq For the Month of June 2009 Check Check Number Date Vendor Description Amount 120712 06/05/2009 DEAN PERICIC Accounts Payable Check 75081410 120713 06/05/2009 PG&E CFM/PPC DEPARTMENT Accounts Payable Check 620.90 120714 06/05/2009 PROCARE JANITORIAL SUPPLY Accounts Payable Check 533.95 120715 06/05/2009 COMPLIANCE PROGRESSIVE BUSINESS Accounts Payable Check 116.30 120716 06/05/2009 RADAR SHOP INC Accounts Payable Check 7579 120717 06/05/2009 RAMINHA CONSTRUCTION INC Accounts Payable Check 2 720 00 120718 06/05/2009 RACHELLE RICKARD Accounts Payable Check 30000 120719 06/05/2009 ROB DAVIS BACKHOE Accounts Payable Check 5,26000 120720 06/05/2009 MICHELLE R. ROGERS Accounts Payable Check 25200 120721 06/05/2009 MICHELE SCHAMBER Accounts Payable Check 290.93 120722 06/05/2009 LISETTE S SCHOLL Accounts Payable Check 4400 120723 06/05/2009 JOHN C SIEMENS Accounts Payable Check 25200 120724 06/05/2009 SIMS FIRE PROTECTION INC Accounts Payable Check 2 417 78 120725 06/05/2009 SLO CO FIRE TRAINING OFFICERS Accounts Payable Check 5000 120726 06/05/2009 DAVID L. SMAW Accounts Payable Check 7600 120727 06/05/2009 STANLEY CONVERGENT SECURITY Accounts Payable Check 43660 120728 06/05/2009 STAPLES CREDIT PLAN Accounts Payable Check 1,351 16 120729 06/05/2009 STEVE SCHMIDT TOPSOIL, INC Accounts Payable Check 246.81 120730 06/05/2009 MICHAEL STORNETTA Accounts Payable Check 482.90 120731 06/05/2009 STYLIN GRAPHICS Accounts Payable Check 300 5t' 120732 06/05/2009 SUNLIGHT JANITORIAL Accounts Payable Check 2,299 120733 06/05/2009 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 24000 120734 06/05/2009 TAYLOR RENTAL CENTER Accounts Payable Check 7782 120735 06/05/2009 RUSS THOMPSON Accounts Payable Check 30000 120736 06/05/2009 MARCIA TORGERSON Accounts Payable Check 27977 120737 06/05/2009 MIRIAM TORRES Accounts Payable Check 13500 120738 06/05/2009 TW TELECOM Accounts Payable Check 863.23 120742 06/05/2009 US BANK Accounts Payable Check 17,277.80 120743 06/05/2009 UNITED STAFFING ASSOCIATES Accounts Payable Check 2,97600 120744 06/05/2009 UNIVERSAL SPECIALTIES INC Accounts Payable Check 44485 120745 06/05/2009 VERIZON WIRELESS Accounts Payable Check 1,59274 120746 06/05/2009 WILKINS PRINTING Accounts Payable Check 35939 120747 06/12/2009 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000 120748 06/12/2009 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 120749 06/12/2009 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1 05000 120750 06/12/2009 FLEX-PLAN SERVICES INC Payroll Vendor Payment 1,38602 120751 06/12/2009 FRANCHISE TAX BOARD Payroll Vendor Payment 5000 120752 06/12/2009 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,49876 120753 06/12/2009 KENNEDY CLUB FITNESS Payroll Vendor Payment 4400 120754 06/12/2009 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 355 law 94 City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 120755 06/12/2009 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 92,067.38 120756 06/12/2009 SEIU LOCAL 620 Payroll Vendor Payment 942.18 120757 06/12/2009 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 120758 06/12/2009 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 3518.89 120759 06/15/2009 AFLAC Payroll Vendor Payment 5,84077 120760 06/15/2009 ANTHEM BLUE CROSS HEALTH Payroll Vendor Payment 133 120 00 120761 06/15/2009 ANTHEM BLUE CROSS LIFE Payroll Vendor Payment 1,444.80 120762 06/15/2009 MEDICAL EYE SERVICES Payroll Vendor Payment 1,74416 120763 06/15/2009 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,96242 741 06/16/2009 RABOBANK, N.A. Payroll Vendor Payment 44,398 18 742 06/16/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,307.80 743 06/16/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,39200 120764 06/16/2009 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 9000 120765 06/19/2009 A&R CONSTRUCTION Accounts Payable Check 5,522.00 120766 06/19/2009 AHERN RENTALS Accounts Payable Check 45466 120767 06/19/2009 AIRGAS WEST Accounts Payable Check 212.99 120768 06/19/2009 ALLSTAR FIRE EQUIPMENT INC Accounts Payable Check 87641 120769 06/19/2009 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 57602 120770 06/19/2009 APPLE, INC. Accounts Payable Check 3,89017 120771 06/19/2009 APPLIED TECHNOLOGY GROUP INC Accounts Payable Check 43364 120772 06/19/2009 AQUAMARK POOL CARE Accounts Payable Check 924.29 120773 06/19/2009 ARAMARK UNIFORM SERVICES Accounts Payable Check 51354 120774 06/19/2009 GINA ARIAS Accounts Payable Check 3740 120775 06/19/2009 ASCAP Accounts Payable Check 308.21 120776 06/19/2009 AT&T Accounts Payable Check 113.07 120777 06/19/2009 AT&T Accounts Payable Check 1,08343 120778 06/19/2009 AT&T Accounts Payable Check 66773 120779 06/19/2009 AT&T Accounts Payable Check 51743 120780 06/19/2009 ATASCADERO MUTUAL WATER CO Accounts Payable Check 2,462.15 120781 06/19/2009 ATASCADERO SAW SHOP Accounts Payable Check 2300 120782 06/19/2009 BATTERY SYSTEMS Accounts Payable Check 81.80 120783 06/19/2009 BELL'S PLUMBING REPAIR, INC Accounts Payable Check 15600 120784 06/19/2009 REX L BOLLER Accounts Payable Check 14400 120785 06/19/2009 BURKE,WILLIAMS &SORENSON LLP Accounts Payable Check 20,823.32 120786 06/19/2009 CALIFORNIA CODE CHECK Accounts Payable Check 850.00 120787 06/19/2009 CARLTON HOTEL Accounts Payable Check 646.80 120788 06/19/2009 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 3,272.26 120789 06/19/2009 CHEVRON &TEXACO BUS. CARD SVC Accounts Payable Check 1,854.62 vim 120790 06/19/2009 JOSEPH A. CHOUINARD Accounts Payable Check 1,789.80 95 City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 120791 06/19/2009 COAST ELECTRONICS Accounts Payable Check 2,607.3" 120792 06/19/2009 COAST RIDERS POWERSPORTS Accounts Payable Check 1,203 58 120793 06/19/2009 COASTAL COPY LP Accounts Payable Check 68.20 120794 06/19/2009 COLONY AUTO SERVICE, INC Accounts Payable Check 28288 120795 06/19/2009 CRYSTAL SPRINGS WATER Accounts Payable Check 16610 120796 06/19/2009 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 7000 120797 06/19/2009 DARRYUS LOCK AND SAFE Accounts Payable Check 10940 120798 06/19/2009 CALEB M. DAVIS Accounts Payable Check 1461 120799 06/19/2009 DECOU LUMBER COMPANY Accounts Payable Check 11253 120800 06/19/2009 DHILLON MANAGEMENT SERVICES Accounts Payable Check 2,00000 120801 06/19/2009 DISH NETWORK Accounts Payable Check 8399 120802 06/19/2009 DOCUTEAM Accounts Payable Check 24.95 120803 06/19/2009 DOGGIE WALK BAGS COMPANY Accounts Payable Check 27063 120804 06/19/2009 MONICA DOMINGUEZ Accounts Payable Check 2712 120805 06/19/2009 DYER SHEEHAN GROUP INC Accounts Payable Check 9900 120806 06/19/2009 EARTH SYSTEMS PACIFIC Accounts Payable Check 9357.50 120807 06/19/2009 EL CAMINO CAR WASH LLC Accounts Payable Check 13693 120808 06/19/2009 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 74744 120809 06/19/2009 FEDERAL EXPRESS Accounts Payable Check 869 120810 06/19/2009 FENCE FACTORY ATASCADERO Accounts Payable Check 257 4F 120811 06/19/2009 FERRELL'S AUTO REPAIR Accounts Payable Check 312.(,,,,, 120812 06/19/2009 FILIPPONI&THOMPSON DRILLING Accounts Payable Check 7,65946 120813 06/19/2009 FIRST TRANSIT INC Accounts Payable Check 20,079 99 120814 06/19/2009 FOOD FOR LESS Accounts Payable Check 322.92 120815 06/19/2009 KEN FORMAN Accounts Payable Check 1000 120816 06/19/2009 GAS COMPANY Accounts Payable Check 40746 120817 06/19/2009 GEM AUTO PARTS Accounts Payable Check 410 120818 06/19/2009 GIBBS INTERNATIONAL, INC Accounts Payable Check 1 64414 120819 06/19/2009 GILBERT'S LANDSCAPES Accounts Payable Check 3 493 10 120820 06/19/2009 GRAY LIFT INC Accounts Payable Check 20662 120821 06/19/2009 GRISANTI HARDWARE Accounts Payable Check 16861 120822 06/19/2009 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 7 756 00 120823 06/19/2009 RALPH DOUGLAS HARBOTTLE Accounts Payable Check 33075 120824 06/19/2009 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 903.99 120825 06/19/2009 HEWLETT-PACKARD Accounts Payable Check 2,94873 120826 06/19/2009 HINDERLITER, DE LLAMAS Accounts Payable Check 90000 120827 06/19/2009 INGLIS PET HOTEL Accounts Payable Check 18646 120828 06/19/2009 JIFFY LUBE/SOUND BILLING Accounts Payable Check 3838 120829 06/19/2009 KCI ENVIRONMENTAL, INC Accounts Payable Check 1,23840 120830 06/19/2009 LUKE KNIGHT Accounts Payable Check 511.9x' 120831 06/19/2009 KPRL 1230 AM Accounts Payable Check 320 96 City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 120832 06/1.9/2009 L.N CURTIS&SONS Accounts Payable Check 1,09403 120833 06/19/2009 LANDSCAPES BY STACH Accounts Payable Check 23000 120834 06/19/2009 LAUTZENHISER'S STATIONARY Accounts Payable Check 12762 120835 06/19/2009 LAWSON PRODUCTS INC Accounts Payable Check 720.31 120836 06/19/2009 LIFE ASSIST INC Accounts Payable Check 26.25 120837 06/19/2009 LOCATE PLUS CORPORATION Accounts Payable Check 3400 120838 06/19/2009 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 2,38366 120839 06/19/2009 MCDONOUGH HOLLAND&ALLEN PC Accounts Payable Check 7500 120840 06/19/2009 MEDWORKS MEDICAL CENTER, INC Accounts Payable Check 64000 120841 06/19/2009 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 18500 120842 06/19/2009 MID-COAST MOWER&SAW Accounts Payable Check 6571 120843 06/19/2009 MINER'S ACE HARDWARE Accounts Payable Check 333.28 120844 06/19/2009 MISSION UNIFORM SERVICE Accounts Payable Check 111 74 120845 06/19/2009 JOHNNY F MITCHELL Accounts Payable Check 20900 120846 06/19/2009 MOSAIC BUSINESS SERVICES Accounts Payable Check 5500 120847 06/19/2009 JAMES F MULHALL Accounts Payable Check 8044 120848 06/19/2009 NATIONAL BUSINESS FURNITURE Accounts Payable Check 1 00816 120849 06/19/2009 NCI AFFILIATES INC Accounts Payable Check 33500 120850 06/19/2009 ROBERT F NEUMANN Accounts Payable Check 37015 120851 06/19/2009 NORTH COUNTY GLASS Accounts Payable Check 533 120852 06/19/2009 OFFICE DEPOT INC Accounts Payable Check 2 413 69 120853 06/19/2009 ORCHARD SUPPLY HARDWARE Accounts Payable Check 952.51 120854 06/19/2009 PACIFIC AUTO GLASS Accounts Payable Check 5000 120856 06/19/2009 PACIFIC GAS AND ELECTRIC Accounts Payable Check 55 711 54 120857 06/19/2009 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 4 300 50 120858 06/19/2009 PAVEMENT ENGINEERING, INC Accounts Payable Check 28000 120859 06/19/2009 PFEIFFER PARTNERS INC Accounts Payable Check 232,711 51 120860 06/19/2009 PFLUMS ATASCADERO MUFFLER Accounts Payable Check 5000 120861 06/19/2009 PG&E CFM/PPC DEPARTMENT Accounts Payable Check 1 87098 120862 06/19/2009 PROCARE JANITORIAL SUPPLY Accounts Payable Check 1,385.21 120863 06/19/2009 PROGRESSIVE BUSINESSCOMPLIANCE Accounts Payable Check 2575 120864 06/19/2009 PRUDENTIAL OVERALL SUPPLY INC Accounts Payable Check 3702 120865 06/19/2009 PUBLIC SAFETY CENTER, INC Accounts Payable Check 471.29 120866 06/19/2009 PVP COMMUNICATIONS INC Accounts Payable Check 59352 120867 06/19/2009 QUALITY CODE PUBLISHING, LLC Accounts Payable Check 24000 120868 06/19/2009 RECOGNITION WORKS Accounts Payable Check 1,501 50 120869 06/19/2009 REGIONS INTERSTATE BILLING SRV Accounts Payable Check 71719 120870 06/19/2009 S&S WORLDWIDE, INC Accounts Payable Check 23995 120871 06/19/2009 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 3600 120872 06/19/2009 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 18000 120873 06/19/2009 WON BUM SHIN Accounts Payable Check 14905 97 City of Atascadero Disbursement Listinq For the Month of June 2009 Check Check Number Date Vendor Description Amount 120874 v 06/19/2009 JOHN C SIEMENS Accounts Payable Check 6545 120875 06/19/2009 SIMS FIRE PROTECTION INC Accounts Payable Check 2,200 00 120876 06/19/2009 DAVID L.SMAW Accounts Payable Check 7600 120877 06/19/2009 STANLEY CONVERGENT SECURITY Accounts Payable Check 22800 120878 06/19/2009 STAPLES CREDIT PLAN Accounts Payable Check 54476 120879 06/19/2009 SUN BADGE COMPANY Accounts Payable Check 138.36 120880 06/19/2009 SUNLIGHT JANITORIAL Accounts Payable Check 891 00 120881 06/19/2009 TEMPLETON IMAGING MEDICAL CORP Accounts Payable Check 2500 120882 06/19/2009 JOYCE TOMASOVICH Accounts Payable Check 1500 120883 06/19/2009 TURF EQUIPMENT SVC& REPAIR Accounts Payable Check 42000 120884 06/19/2009 TURF STAR, INC Accounts Payable Check 375.97 120885 06/19/2009 ULTREX BUSINESS PRODUCTS Accounts Payable Check 93911 120886 06/19/2009 UNITED STAFFING ASSOCIATES Accounts Payable Check 96000 120887 06/19/2009 UPS Accounts Payable Check 137.34 120888 06/19/2009 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 97092 120889 06/19/2009 VERIZON WIRELESS Accounts Payable Check 1,40403 120890 06/19/2009 WALLACE GROUP Accounts Payable Check 3,11941 120891 06/19/2009 JEFFREY K.WEIT Accounts Payable Check 5400 120892 06/19/2009 WILKINS PRINTING Accounts Payable Check 23003 120893 06/19/2009 SUSAN M.WILLIAMS Accounts Payable Check 38 7" 120894 06/19/2009 WILSON LAND SURVEYS INC Accounts Payable Check 3 150 G%000' 120895 06/19/2009 PAUL JEFFREY ZEHNER Accounts Payable Check 1,27000 120896 06/24/2009 PG&E CFM/PPC DEPARTMENT Accounts Payable Check 1,316.33 120897 06/26/2009 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000 120898 06/26/2009 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 120899 06/26/2009 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,05000 120900 06/26/2009 AXA EQUITABLE Payroll Vendor Payment 52012 120901 06/26/2009 FLEX-PLAN SERVICES INC Payroll Vendor Payment 1,38602 120902 06/26/2009 FLEX-PLAN SERVICES INC Payroll Vendor Payment 9000 120903 06/26/2009 FRANCHISE TAX BOARD Payroll Vendor Payment 5000 120904 06/26/2009 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,272.30 120905 06/26/2009 KENNEDY CLUB FITNESS Payroll Vendor Payment 4400 120906 06/26/2009 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 535.03 120907 06/26/2009 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEIt Payroll Vendor Payment 92,151 74 120908 06/26/2009 SEIU LOCAL 620 Payroll Vendor Payment 916.26 120909 06/26/2009 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 120910 06/26/2009 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,518.89 744 06/29/2009 RABOBANK, N.A. Payroll Vendor Payment 44 049 69 745 06/29/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,251 r 98 City of Atascadero Disbursement Listing For the Month of June 2009 Check Check Number Date Vendor Description Amount 746 06/29/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1 432 09 $ 1,418,936 62 �wrr' *rrr 99 °' ''' " ITEM NUMBER. A-4 XZo 1 e DATE. 09/08/09 Atascadero City Council Staff Report - Community Development Department PLN 2099-0997 Zone Text Change 2003-0058 Amendment (West Front Village, LLC) (Proposed PD 23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements) RECOMMENDATION Council adopt on second reading, by title only, draft Ordinance A approving Zone Change 2003-0058 Amendment (PLN 2099-0997) based on findings DISCUSSION The proposed Zone Text Change includes and amendment to the Planned Development 23 (PD-23) overlay district text (Atascadero Municipal Code Section 9- 3 668) to include indoor recreation services and amusement services in the allowed uses in the business park portion of the PD-23 Master Plan of Development, with specific parking requirements On August 11, 2009, the City Council conducted a public hearing to consider the proposed Zone Text Change application The Council voted to approve the Zone Change on first reading, by title only, on a 4-1 vote FISCAL IMPACT The City would have no fiscal impact resulting from the proposed code text change ATTACHMENT Draft Ordinance A 101 ITEM NUMBER A-4 DATE. 09/08/09 r- Attachment 1 Draft Ordinance A;Approval of Proposed Zoning Text Change DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE SECTION 9-3.668 BY APPROVING AN AMENDMENT TO ZONE CHANGE 2003-0058 TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT APN 056-131-131 through 056-131-033 9020 West Front Road (West Front Village, LLC) The City Council hereby finds and declares as follows WHEREAS, an application has been received from West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner and Applicant, to consider a project consisting of a Zone Code Text Amendment to change the PD-23 (Planned Development #23) zoning text to add indoor recreation services and amusement services to the allowed uses in the business park portion of the project, with a specified parking requirements, at 9020 West Front Road (APN 056-131-131 through 056-131-033), and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics, and, WHEREAS, an the Zone Code Text Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA), and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing and commercial opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which 102 ITEM NUMBER A-4 DATE 09/08/09 hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments, and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 16, 2009, studied and considered Zone Change 2003-0058 Amendment, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 11, 2009, studied and considered Zone Change 2009-0152, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows 1 The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City 2. Amendment of the Planned Development Overlay#23 (PD-23) standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3 The text change will not, in itself, result in significant environmental impacts. 4 The characteristics of the proposed indoor recreation and amusement services uses and/or the immediate vicinity of the site do not necessitate the number of parking spaces, type of design, or improvements required by this AMC section 9-4 115, and therefore,reduced parking as proposed and previously approved with the Master Plan of Development, will be adequate to accommodate all parking needs generated by the allowed uses on the site. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 9, 2009, resolved to approve on second reading by title only, an ordinance that would change the text of PD-23 consistent with the following: 103 ITEM NUMBER A-4 DATE. 09/08/09 9-3.668 Establishment of Planned Development Overlay Zone No 23 (PD23). Planned Development Overlay Zone No 23 is established as shown on the official zoning maps (Section 9-1 102 of this title) A Planned Development Overlay Zone No 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres The maximum residential density within the planned development shall not exceed the following- fourteen (14) single family courtyard homes, eighteen (18) multifamily duplex units (as shown on the master plan of development) The development standards contained within the master plan of development document (CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows (a) The master plan of development (CUP 2003-0108)for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned. (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties (f) `The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On-street parking shall not be used to satisfy the parking requirements." (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the Master Plan of Development with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than 1 space per 300 square feet of floor area (h) All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved. (i) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (j) Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste (k) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. 104 ITEM NUMBER A-4 DATE. 09/08/09 (1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines (m) All trees shown to be protected on the approved master plan of development shall be maintained. Native trees within the 3.99 acre SFR-X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance. (o) Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows. Allowable uses (1) Building materials and hardware(see Section 9-6.165 of this title), (2) Food and beverage retail sales, (3) Furniture, home furnishings and equipment; (4) General merchandise stores, (5) Mail order and vending, (6) Temporary or seasonal sales (see Section 9-6.174 of this title), (7) Financial services, (8) Health care services, (9) Personal services, (10) Light repair services, (11) Eating and drinking places, (12) Horticultural specialties (see Section 9-6.116 of this title), (13) Business support services, where all areas of use are located within a building; (14) Hotels and motels; (15) Schools (see Section 9-6.125 of this title), (16)Temporary events (see Section 9-6.177 of this title) Conditional uses: (1) Amusement services, (2) Bar/tavern, (3) Eating and drinking places with drive-through facilities, (4) Service station (see Section 9-6.164 of this title), (5) Public assembly and entertainment; (6) Indoor recreation services, (7) Animal hospitals (see Section 9-6.110 of this title), (8) Food and kindred products (see Section 9-6.128 of this title), (9) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title) (p) Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows. Allowable uses- (1) Broadcast studios, (2) Building materials and hardware (see Section 9-6.165 of this title), (3) Furniture, home furnishings and equipment; (4) General merchandise stores, (5) Mail order and vending, (6)Temporary or seasonal sales (see Section 9-6.174 of this title), (7) Financial services, err+ 105 ITEM NUMBER A-4 DATE 09/08/09 (8) Health care services, (9) Offices, (10) Small scale manufacturing; (11) Temporary offices (see Section 9-6 176 of this title), (12) Personal services, (13) Light repair services, (14) Accessory storage (see Section 9-6.103 of this title), (15) Membership organizations, (16) Horticultural specialties (see Section 9-6.116 of this title), (17) Business support services, where all areas of use are located within a building; (18) Social and service organizations, (19) Libraries and museums, (20) Amusement Services, (21) Indoor Recreation Services, and (M_L?21 Temporary events (see Section 9-6.177 of this title) Conditionally allowable uses. (1) Indoor auto dealers (new and used) and supplies (see Section 9-6 163 of this title) (Ord. 486 § 2, 2005) 106 ITEM NUMBER A-4 DATE 09/08/09 SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT err► CITY OF ATASCADERO By- Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney 107 108 ITEM NUMBER A- 5 DATE. 09/08/09 ,o a��wrr' i9is ■ i9 e �A�'�CAn�►// Atascadero City Council Staff Report - Public Works Department Annual Street Striping Award RECOMMENDATION Council authorize the City Manager to execute a contract with Toste Construction in the amount of $54,164 00 for two years of annual street striping DISCUSSION Background. Each year the City of Atascadero contracts for the repainting of centerlines, turn lanes and bike lanes Staff utilizes outside contractors to perform this portion of our annual street maintenance program for cost effectiveness, as we do not have the necessary painting equipment for street striping City Public Works crews do routinely paint some miscellaneous pavement markings Analysis. The project was advertised from July 24, 2009 through August 13, 2009 Two bids were received The bids were reviewed for accuracy and compliance with bidding requirements, and Toste Construction was found to be the low qualified bidder, with a proposal of $54,164 00 for two years of striping services Conclusion. Toste Construction is the successful low qualified bidder and is qualified and prepared to complete the annual street striping project. Staff recommends that the City Council award the project to Toste Construction, authorizing the City Manager to enter into an agreement with Toste Construction for street striping services FISCAL IMPACT Approval of this agreement will result in the expenditure of budgeted funds in the amounts of $ 26,732 96 for Fiscal Year 2009-2010 and $ 27,431 04 for Fiscal Year 2010-2011 ATTACHMENT Bid Summary 109 City ofAtascadero Office of the City Clerk BILI SUMMARY TO: Public Works J� FROM. Marcia Torgerson,City Clerk' BID NO.. 2009-011 OPENED- Thursday August 13,2009 at 4:00 pm PROJECT Street Striping 2009—2010 Two 2 Bids were received and opened today,as follows. Name of Bidder Total Bid Price Toste Construction $ 54,164.00 Safety Striping Service, Inc. $ 101,098.04 110 ITEM NUMBER C-1 DATE. 09/08/09 r nn ! RT . 0 .q v —�i9 M n 1979 r7 Atascadero City Council Staff Report - Community Services Fee Waiver Request for Atascadero Lake Park Special Event Veterans Foundation Poker Run RECOMMENDATION Council review and deny the request for a fee waiver for use of the Atascadero Lake Park for the Veterans Memorial Foundation "Poker Run" on September 12, 2009 DISCUSSION Background. Mr Chuck Ward, representing the Veterans Memorial Foundation, has submitted an application to use the Atascadero Lake Park on September 12th, 2009, for a special fundraising event, a Poker Run, to benefit the Memorial's improvements and maintenance The event will be a gathering of motorcycle riders, both in the Community and beyond, to support the Veterans Memorial There will be a BBQ, auction and live band The anticipated attendance is estimated to be approximately 600 people Normal non-profit permit fees, adopted by City Council, would apply to this event. They are $500 for a special event sponsored by a non-profit group such as the Foundation (vs $750 for a private group) Mr Ward is requesting a fee waiver for the use of the Lake Park. His e-mail correspondence is attached Fee waivers such as this one are discouraged simply because nearly every non-profit group that uses City facilities is able to make the case that they are a "worthy cause" that provides a service to the Atascadero community Additionally, many community groups donate directly to the City to improve and maintain City-owned facilities, such as the Central Coast Zoo Society for the Charles Paddock Zoo, the Atascadero Firefighters Association for the Fire Department, and many other community groups that raise funds that directly benefit City-owned facilities Fees are not charged to "co-sponsored" groups which, according to past practice, have been defined as. groups in a formal partnership with the City of Atascadero to provide events, activities and services Examples of such groups are the Chamber of Commerce and Main Street. Both groups have formal agreements with the City to provide events and activities for the community 111 While City staff very strongly supports the fundraising efforts of the Veterans Foundation, staff is not recommending that the event receive a fee waiver, as it is not unlike many other events that take place in City facilities to benefit City-owned property Waiving fees for one group necessarily raises questions about how to consistently apply the rules and fees to other groups The City's fees are based upon a Cost Allocation Study that sets cost recovery goals and policies for facility rentals These policies take into account the service that non-profits provide in the community, and the discounted non-profit rates reflect that value While the City clearly desires to see these fundraising events be successful, some cost recovery for these types of events in City facilities is also an important objective, given the City's financial condition Staff can find no unusual circumstances at this time that would justify waiving the fees for the Poker Run FISCAL IMPACT Potential fees of $500, either collected or waived A waiver could also result in t,iousands of dollars in future fee waivers, if a new Council precedent is set to waive non-profit fees for this type of event. ATTACHMENT August 12th email correspondence from Chuck Ward to Council 112 Front: Chuck Ward(chuckward0i@sbcglobal.netj Sent: Wednesday August 12,200910:52 AM To; Jerry L.Clay SR;Roberta Fon7j Forward Address Bob Kelley Tom O'Malley Forward Address;ellen@ellenberaud.com Cc: Col Bill Hatch;Brady Cherry;Marcia Torgerson Subject: Request for waver of$500 park use fee for Sept 12.,2009 Fund Raiser City Council Members, On Sept. 12 The Atascadero Veterans Memorial Foundation will be sponsoring our only fund raiser this year at The Lake Park. The proceeds from this event will be used to make CAPITAL IMPROVEMENTS and ADDITIONS to The Veterans Memorial•-which is now owned by the City We are requesting that the City wave this$500 fee as they did last year. Accordingly we are requesting that this item be placed on the consent calender for the next City Council meeting. Respectfully Submitted, Chuck Ward.Board Member Atascadero Veterans Memorial Foundation t �r 113 ITEM NUMBER. C -2 DATE 09/08/09 n 1918 � 1 79 8 N Atascadero City Council Staff Report - City Attorney's Office Report on Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities RECOMMENDATION Council adopt an Interim Urgency Ordinance Establishing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Facilities DISCUSSION The proposed interim urgency ordinance would place a temporary 45-day moratorium on the establishment or operation of Medical Marijuana Facilities in the City In 1996, the voters of California approved by initiative "The Compassionate Use Act of 1996," also known as Proposition 215 The purpose of Proposition 215 was to allow seriously ill Californians to obtain and use medical marijuana under certain specified circumstances In 2003, the Legislature approved SB 420, which provided additional statutory guidance for those involved with medical marijuana use, and also authorized cities to enact rules and regulations with regard to medical marijuana consistent with California law Despite the passage of Proposition 215, the United States Supreme Court in United States v Oakland Cannabis Buyers' Cooperative (2001) 532 U S 483, held that the Federal Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exceptions exist to those prohibitions And in 2005, the United States Supreme Court held that federal laws which ban the use of marijuana for medical purposes are constitutional in the case of Gonzales v Raich (2005) 545 US 1 Currently, the issue of whether California medical marijuana law is preempted by Federal law is the subject of ongoing litigation There remains much uncertainty regarding the legal status of Medical Marijuana Facilities As a result, an increasing number of cities in California have adopted ordinances either banning or placing Aftwe 115 ITEM NUMBER. C -2 DATE 09/08/09 temporary moratoria on Medical Marijuana Facilities Some cities where Medical Marijuana Facilities have been established report increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining "identification cards" to qualify for medical marijuana, and other increases in criminal activity Due to the apparently unsettled conflict between Federal and California law, as well as the community and statewide concerns regarding the negative effects that follow from the establishment of Medical Marijuana Facilities, it is necessary for the City to adopt a temporary moratorium on such use to enable planning and legal staff to study the issues further At least 10-days prior to the conclusion of the proposed 45-day term of this moratorium, staff will bring to Council an additional report on this matter so that the Council can decide what further action needs to be taken, including the possible extension of a moratorium on Medical Marijuana Facilities for a period of up to 10 months and 15 days Because this is an urgency ordinance, a 4/5ths vote of the City Council is required The findings necessary to adopt an urgency measure are set forth in Section 1 of the proposed ordinance FISCAL IMPACT None ALTERNATIVE Take no action ATTACHMENT Interim Urgency Ordinance 116 ITEM NUMBER. C -2 DATE 09/08109 DRAFT URGENCY ORDINANCE ,%w AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING AN INTERIM ZONING ORDINANCE UNDER CALIFORNIA GOVERNMENT CODE SECTION 65858(A) PERTAINING TO THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA FACILITIES WHEREAS, California cities that have permitted the establishment of Medical Marihuana Dispensaries, Cooperatives and Collectives (hereafter "Medical Marihuana Facilities") have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries thereby endangering the public health, safety and welfare, and, WHEREAS, there is an apparent conflict between federal and state law regarding the establishment of Medical Marihuana Facilities, and, WHEREAS, it is necessary for the City of Atascadero to study the potential impacts Medical Marihuana Facilities may have on the public health, safety, and welfare, as well as the impacts that the inconsistent and conflicting authorities may have on the City's ability to regulate such facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1 Findings. A. In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5 and following, and entitled the Compassionate Use Act of 1996 (the "Act") B The intent of Proposition 215 was to enable seriously ill Californians, to legally possess, use, and cultivate marihuana under limited, specified circumstances. In addition, the Court of Appeal in People v Hochanadel (Filed August 18, 2009, California Court of Appeal Fourth District, 2009 WL 2506291) found that the Act was intended by the Legislative to provide for the safe and affordable distribution of marihuana to all patients in medical need of marihuana. C On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. D Comprehensive zoning regulations lie within the police power of local governments. 117 ITEM NUMBER. C -2 DATE 09/08/09 E Neither Proposition 215 nor SB 420 authorizes Medical Marihuana Facilities F California cities that have permitted the establishment of Medical Marihuana Facilities have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries thereby endangering the public health, safety and welfare G The Supreme Court of the United States ruled in United States v Oakland Cannabis Buyers' Cooperative (2001) 532 US 483 that, notwithstanding California law, the federal Controlled Substances Act continues to prohibit marihuana use, distribution, and possession, and that no medical necessity exception exists to these prohibitions. H. The Supreme Court of the United States ruled in Gonzales v Raich (2005) 545 U S 1 that pursuant to the commerce clause, the federal government has the power to prohibit the local cultivation and use of marihuana, even though such cultivation and use complies with California law Currently, the issue of whether California medical marihuana law is preempted by federal law is the subject of ongoing litigation. I. Due to the apparent conflict between federal and state law including internal California legal conflicts, as well as the community and statewide concerns regarding the establishment of medicinal Medical Marihuana Facilities, and the fact that federal legislation and enforcement is currently in flux, it is necessary for the City of Atascadero to study the potential impacts such facilities may have on the public health, safety, and welfare, as well as the impacts that the inconsistent and conflicting authorities may have on the City's ability to regulate such facilities. J Based on the foregoing, the City Council finds that allowing the establishment or operation of or approving any entitlements for the establishment or operation of Medical Marihuana Facilities prior to (1) the results of pending lawsuits and potential legislation to determine whether Federal law pre-empts State law on this issue and (2) the City's monitoring of the potential impacts of such facilities in other jurisdictions, would result in an immediate threat to the public health, safety, and welfare Accordingly, the City finds that an interim prohibition on such uses and the issuance of any such applicable entitlements is necessary for a period of 45 days. SECTION 2. Environmental Review The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; rather it prevents changes in the environment pending the completion of the contemplated municipal code review SECTION 3. Imposition of Moratorium. The City Council orders as follows 118 ITEM NUMBER. C -2 DATE 09/08/09 A In accordance with the authority granted the City of Atascadero under Government Code Section 65858(a), and pursuant to the findings stated herein, for a period of 45 days from the date of adoption of this ordinance 1 No Medical Marihuana Facilities may be established or operate in any zone of the City 2 No use permit, variance, zoning clearance or other applicable entitlement or approval will be accepted, approved or issued for the establishment or operation of a Medical Marihuana Facilities B As used in this ordinance,the following definitions apply 1 "Establish" or "operate" Medical Marihuana Facilities means and includes any of the following- (a) The opening or commencement of such a business or establishment as a new business or establishment; (b) The conversion of an existing business or establishment to a business or establishment defined as Medical Marihuana Facilities in this ordinance, (c) The addition of any form of business or establishment defined as Medical Marihuana Facilities in this ordinance to any other existing business or establishment. 2 "Marihuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marihuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. 3 "Medical Marihuana Facilities means any facility or location, whether fixed or mobile, where medical marijuana is made available to and/or distributed by or to one or more of the following: a "primary caregiver," "a qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code section 11362.5 and following. Medical Marihuana Facilities do not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law- a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3 01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362 5 and following. 119 ITEM NUMBER. C -2 DATE 09/08/09 SECTION 4 Report on Interim Moratorium. Pursuant to Government Code section 65858, staff must prepare for consideration and issuance by the City Council a written report describing the measures taken to address the conditions which led to adoption of this Ordinance The report will be provided to the City Council so that it may be considered and issued no later than 10 days prior to the expiration of this ordinance SECTION 5. Legal and Planning Study The Department of Community Development with the assistance of the City Attorney's Office is directed to study and analyze issues related to the establishment or operation of Medical Marihuana Facilities within the City, including but not limited to, evaluating conflicts in state and federal law concerning the validity of the Act, the legality of such facilities, the potential impacts of such facilities on public health, safety and welfare of the community, the desirability of such facilities in various zones, and the extent of regulatory controls, if any, to impose on such facilities. SECTION 6. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional SECTION 7 Effective Date and Duration. This ordinance is an urgency ordinance enacted under California Government Code section 65858 (a) This urgency ordinance is effective upon adoption and will extend for a period of 45 days from the date of adoption at which time it will automatically expire unless extended by the City Council in accordance with California Government Code section 65858 SECTION 8. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT *4004 120 ITEM NUMBER. C -2 DATE 09/08/09 CITY OF ATASCADERO Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.0 City Clerk APPROVED AS TO FORM Brian A. Pierik, City Attorney 121 122 ITEM NUMBER C-3 ( DATE 09/08/09 r Fl n R Yl� s918�I r r 1070 Atascadero City Council Staff Report - City Manager's Office Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees RECOMMENDATIONS Council 1 Introduce for first reading by title only the Draft Ordinance repealing uncodified City Ordinance No 137 and amending Title 1, Chapter 10 of the Atascadero Municipal Code to add new sections 1-10 41 and 1-10 42 relating to the Digital Infrastructure and Video Competition Act (DIVCA), provide for the continuation of video and i-net service to the City, and special provisions applicable to holders of state video franchise, and, 2 Accept the side letter between Charter Communications and the City of Atascadero that provides for continued use of the fiber I-net that connects City facilities and cable television services free of charge through 2016 DISCUSSION At the June 9, 2009 City Council meeting, the City Council received a comprehensive report (Attachment A) that provided an overview of- • the current franchise agreement between Charter Communications and the City; • a discussion about the advantages and disadvantages of moving to the state authorized cable franchise permitted under the Digital Infrastructure and Video Competition Act (DIVCA) that became effective January 1, 2007, and, • PEG fees This report provides additional details and contains a draft ordinance (Attachment B) that relinquishes the existing franchise agreement with Charter communications in lieu of the state franchise and that implements a PEG fee of 1% of cable fees paid by cable customers 123 ITEM NUMBER C-3 DATE 09/08/09 The Digital Infrastructure and Video Competition Act of 2006 As was shared with the Council in June, staff recently learned that Charter Communications believed our franchise had expired and, as a result, the City was enrolled under the State franchise without the City's consent. Staff has had several discussions with Charter Communications regarding this act and Charter has agreed to reestablish our cable franchise if the City chooses to not be covered under the state franchise The state franchise, formally known as the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) was signed by Governor Schwarzenegger on September 29, 2006 and it became effective January 1, 2007 The franchise is now the official franchise of the state and as local franchise agreements expire, cities must move under the state franchise Cities may also choose to voluntarily move to the state franchise as well Several provisions of the state franchise are the same as the City's current agreement with Charter Communications The state franchise allows for the collection of a 5% franchise fee and it provides for PEG channels for governmental programming Some provisions are better than those contained in our existing agreement including the ability to collect PEG fees and having the state audit the provider if there are any issues or concerns with payment or customer service The leading reason staff did not originally recommend going to the state franchise when it was approved was that the City did not want to lose free use of the fiber loop connecting all City facilities and the cable lines in and out of City facilities Additionally, Charter could charge us for receiving cable television at City facilities as these items are no longer provided under the state franchise Both of these items could result in a significant cost to the City Because Charter moved us out of our existing franchise agreement without our consent (and the existing local agreement didn't terminate until 2016) they have agreed to honor these provisions through 2016 via a side letter of agreement. This letter is attached (Attachment C) With this agreement in place, the City now has financial incentive to follow the State franchise The State franchise has now been in effect for two and a half years, and it appears that customer service complaints from jurisdictions under the franchise (complaints are minimal in Atascadero) are being dealt with seriously by the State's Public Utilities Commission staff Market competition has increased for pay-TV services as well, and customer service is in the company's best interest. Consumers also now have several options for accessing television that weren't available several years ago At this point, after analysis by the City Attorney and staff, it appears it would be advantageous to adopt the State franchise PEG Fees If the City adopts the State franchise, the Council may choose to adopt a PEG fee of up to 1% of cable revenues This amount would be paid by the approximately 5,500 124 ITEM NUMBER C-3 DATE. 09/08/09 Atascadero cable customers on their monthly cable bill and could range from about $0.25 to $1 30 per subscriber per month, depending on the type of cable package subscribed to If a PEG fee were set at 1%, this could generate between $35,000 and $45,000 per year depending on cable revenues PEG fees may be used for the purchase of capital equipment related to broadcasting of public meetings and events In other words, these funds could be used to buy an in-house camera system, control boards, broadcasting equipment, etc , but the money could not be used to pay for operating the equipment. FISCAL IMPACT There is no impact to the General Fund as a result of the staff recommendation, however collection of PEG fees would provide up to $45,000 annually for the purchase of maintenance of video broadcasting equipment. ALTERNATIVES Council may request more information ATTACHMENTS Attachment A. June 9, 2009 City Council Report Attachment B Draft Ordinance Attachment C Letter of Agreement from Charter Communications 125 rar r r Ii9is ` is Attachment A Atascadero City Council Staff Report - City Manager's Office Renewal of Contract with AGP Video, Authorization to Adopt State Video Services Franchise Agreement and Impose PEG Fees, and Modifications to Existing Broadcast Services RECOMMENDATIONS Council 1 Authorize the City Manager to enter into a two-year contract with AGP Video of Morro Bay to provide broadcasting and channel management services for the City's cable channel, and, 2 Direct staff to prepare an ordinance relinquishing the local franchise agreement between the City of Atascadero and Charter Communications in lieu of adopting the State video services franchise and negotiate a side letter between Charter Communications and the City of Atascadero, and, 3 Direct staff to prepare an ordinance imposing a Public Education Government Access Fee on Cable subscribers of up to 1% of revenues received from cable television services, and, 4 Discontinue archiving of video of meetings via the Internet (audio and video streaming and audio archiving will continue), and, 5 Discontinue broadcasting of Planning Commission meetings BACKGROUND At the City Council meeting of April 28, 2009, the Council received a presentation from staff providing recommendations for reducing the costs of broadcasting City Council and Planning Commission meetings over television, radio, internet, and other mediums The report discussed several service delivery options and limitations The Council directed staff to return with more information on cost breakdowns of camera systems, and other options for providing services at a lower cost while keeping intact as many 126 broadcasting options as possible Since this time, staff has had further discussions with Charter Communications, AGP Video, and a variety of other service providers This report will seek to provide information on the costs to the City under the current and proposed agreement with AGP, provide a cost breakdown for an in-house system and the potential return on investment of such a system, discuss changes to the existing franchise agreement with Charter Communications and provide options for providing services in as cost effective a manner as possible DISCUSSION Costs of AGP Contract and Contract Renewal The City currently utilizes the services of AGP Video of Morro Bay for the recording of City Council and Planning Commission meetings AGP Video has been providing these services for approximately two years and remains the only company in the area that is able to temporarily set up full broadcasting systems for the City's public meetings AGP's services are also used for Internet web streaming and video archiving AGP Video streams meetings live over the Internet and stores the meetings on a server so that they can be viewed at a later date The cost for these services for the past year, April 2008 through March 2009 was approximately $44,000 An additional charge of $75000 was put into place on December 1, 2008 for internet streaming and archiving, increasing costs by $9,000 per year The current agreement with AGP was extended until June 1, 2009 A new two-year agreement has been drafted that would take effect once implemented Staff recently met with AGP Video to further discuss components of the new agreement, service options and costs The components of the new agreement are as follows • $550 00 per meeting for set up of equipment and two hours of staffing $130 00 per hour for each additional hour of broadcast. • $30 00 per month for the use of AGP owned equipment. $750 00 per month to stream and archive meetings • $500 00 per month for channel management and maintenance of the government television channel The average annual cost for these services is estimated at $48,000 This is broken down by- City Council Meetings ($550 + $260 for additional two hours x 22 meetings) _ $17,820 Planning Comm Meetings ($550 + $130 for 12 addl hours x 24 meetings) _$14,760 Equipment Charges ($30 x 12) _ $360 Internet Streaming and Archiving ($750 x 12) _ $9,000 Channel Management($500 x 12) _$6,000 127 a way to reduce costs, the AGP agreement also proposed buying a computer ;system for $4,800 The system would simultaneously place all content showing on Channel 20 on the Internet. Therefore, for two weeks, meetings would be shown over t1le Internet as well as other content on the cable channel This would allow streaming to continue live and would show meetings for those that missed the meeting for a certain period This system would not provide a video archive Once purchased, the system would not have an ongoing monthly cost. Franchise Agreement with Charter Communications and PEG Fee in January 2007, the City Council directed staff to begin broadcasting City Council and Planning Commission meetings over the Charter Communications cable system on the government access channel (Channel 20) Additionally, the Council directed staff to look into the design and installation of an in-house camera system and negotiate with �,harter Communications over the possible imposition of a Public, Educational and Government (PEG) fee of 1% of cable revenues to support the acquisition of broadcasting equipment. It was estimated at that time that the PEG fee would generate approximately $41,000 annually which could be used to purchase the equipment. In 2008, it was determined that under the City's existing cable franchise agreement, the City did not have the right to impose a PEG fee Additionally, Charter was unwilling to allow the City to charge this fee to purchase broadcasting equipment. At this time, the City could have relinquished the local franchise agreement that expires in 2016 and entered into the State franchise agreement. Under the State franchise agreement, the City would be authorized to collect PEG funds, however, staff recommended against going to the State franchise agreement primarily because the City would no longer be entitled to free cable services and use of the fiber connectivity between City facilities (Charter owns and maintains this) Payment for these services could be quite expensive Additionally, the City would lose certain enforcement over customer service, and there was uncertainty as to how the franchise would actually function As a result, up until the summer of 2008, staff continued to negotiate with Charter Communications to come up with a viable solution for obtaining additional revenues to assist in acquiring a permanent camera system A, variety of partnerships and alternatives were studied, but none of these ended up Lheing of significant benefit to the City, and Charter Communications was not willing to assist us in purchasing the equipment or working with the City to develop additional revenues The negotiations ended and staff realized that if the City were to purchase a permanent system, funding would need to come from City resources Staff recently learned that Charter Communications believed our franchise had expired and as a result they enrolled the City under the State franchise This was done without our consent. Staff had a very productive meeting on this topic with Charter to discuss how to proceed from here While the City has the option to return to the local franchise 128 agreement or argue that we still are operating under it, Charter has made an offer to the City that deserves consideration The leading reason staff did not recommend going to the State franchise was that the City did not want to lose free use of the fiber loop connecting all City facilities and the cable lines in and out of City facilities Charter has agreed to honor this existing right through 2016 via a side letter of agreement. With this agreement, the City now has financial incentive to follow the State franchise The State franchise has now been in effect for a few years, and it appears that customer service complaints from jurisdictions under the franchise (complaints are minimal in Atascadero) are being dealt with seriously by the State's Public Utilities Commission staff Market competition has increased for pay-TV services as well, and customer service is in the company's best interest. Consumers also now have several options for accessing television that weren't available several years ago At this point, after analysis by the City Attorney and staff, it appears it would be advantageous to adopt the State franchise If the City adopts the State franchise, the Council may choose to adopt a PEG fee of up to 1% of cable revenues This amount would be paid by the approximately 5,500 Atascadero cable customers on their monthly cable bill and could range from about $0 25 to $1 30 per subscriber per month, depending on the type of cable package subscribed to If a PEG fee were set at 1%, this could generate between $35,000 and $45,000 per year depending on cable revenues PEG fees may be used for the purchase of capital equipment related to broadcasting of public meetings and events. In other words, these funds could be used to buy an in-house camera system, control boards, broadcasting equipment, etc , but the money could not be used to pay for operating the equipment. Costs of In-House Camera System and Financial Analysis Staff estimates that the cost of an in-house, installed camera system comparable to the current system would cost between $30,000 - $40,000 depending on the exact characteristics and quality of the system chosen This cost includes cameras, control equipment, connectors, transmitters and receivers There would be additional costs for any desired modifications to the back room where the equipment is stored and for the equipment used to distribute the signal to Charter Communications If a PEG fee were collected, the costs of purchasing and maintaining a system could be covered by the fee However, if the Council is not interested in a PEG fee, funds would need to be obtained or loaned from another funding source Investing in a camera system would save the City some operating costs under the existing AGP contract and would also potentially open up competition and other alternatives for camera operators Without a camera system, the current agreement has a per meeting cost of $810 for a four-hour meeting and $680 for a three hour meeting If the City had its own camera equipment, the amount would drop to $680 for a four-hour meeting and $570 for a three-hour meeting Having the equipment installed would result in a per meeting savings of between $110 and $130 Savings would increase by $20 per hour per meeting for each meeting over four hours 129 Assuming the City Council continues to televise Planning Commission meetings, the `'W annual savings under the AGP contract would be approximately $5,260 This assumes 22 four-hour Council meetings, 12 three-hour Planning Commission meetings, and 12 two-hour Planning Commission meetings If the City Council discontinues the broadcast of Planning Commission meetings, annual savings would be $2,860 At this savings rate, the breakeven point based on just capital costs of $35,000 would be between 6 '/2 and 12 years This amount does not include depreciation, and even on the lower side of six years, the cameras would likely be obsolete and/or require replacement. If another vendor could be selected that could operate the cameras and produce the meeting footage for less than the AGP contract rate then the breakeven point could be shorter Nonetheless, the breakeven point is potentially lengthy and staff would recommend that if the Council wants to purchase an in-house system, a PEG fee should be collected Having an in-house system does come with several benefits, including • Broadcast of press conferences/essential information during emergencies • Recording and broadcasting a wider array of events, meetings and items of interest. • Recording and broadcasting community events • Possible revenue by rental of the system for video conferencing or recording of meetings by other groups Other Options for Video/Audio Broadcasting Services To reduce costs and redundancies, staff was suggesting reducing ways in which meetings are broadcast to the public Meetings are currently broadcast on television, radio, live on the Internet by audio and video, archived for on-demand viewing by audio and video, DVDs are available for purchase or free viewing at City hall, and all documents are available online In the recommendation, staff was attempting to reduce the costs of Internet streaming and archiving for an annual savings of $9,000 The City Council asked staff to return with other options for reducing costs without reducing services Staff is still recommending elimination of the current AGP streaming and archiving services for a savings of $9,000 Staff believes that by using a combination of existing equipment and the purchase of certain specialty hardware and software, a system similar to what AGP has suggested could be put together PEG fees may be able to be used for this purchase The system would provide the live streaming of meetings and other content being shown on Channel 20 through the City's web portal thus giving access to people who can't watch the meeting via cable or listen via radio Audio archiving of all past meetings will still be available on the City's website If someone wanted a video archive after a certain meeting finished running on Channel 20, a DVD could be ordered from AGP or an appointment could be made to watch the DVD for free at City Hall 130 Planning Commission Meetings The Council asked for more information regarding the cost of broadcasting Planning Commission meetings As previously mentioned, it is estimated that broadcasting Planning Commission meetings will cost $14,760 this year This assumes 24 meetings are held during the course of the year and that 12 of the meetings have duration of two hours or less and the other 12 meetings have duration of three hours or less Staff is recommending cancelling the broadcast of these meetings and is seeking Council direction as to whether or not to continue to broadcast Planning Commission meetings FISCAL IMPACT The total cost of the contract as recommended is $24,240 The 2009-11 Budget has reduced the amount available for video broadcasting and streaming by $20,000 Should the Council wish to continue all services, other programs will need to be reduced ALTERNATIVES Council may request more information ATTACHMENTS None 131 Attachment B DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO REPEALING CITY ORDINANCE NO 137 AND AMENDING TITLE 1, CHAPTER 10 OF THE ATASCADERO MUNICIPAL CODE TO ADD NEW SECTIONS 1-10.41 and 1-10.42 RELATING TO THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT (DIVCA), PROVIDE FOR THE CONTINUATION OF VIDEO AND I-NET SERVICE TO THE CITY AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISE. THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS Section 1 Ordinance No 137 of the City of Atascadero, which ordinance is uncodified, is hereby repealed. Ordinance No 137 governed the cable television franchise agreement between the City and Charter Communications, successor-in-interest to Falcon Cable TV System Company (the franchisee named in Ordinance No 137) and was itself a successor ordinance to County of San Luis Obispo Ordinance No 1202, enacted in 1971 to grant a cable franchise for the then- unincorporated areas of the County Charter Communications and the City have mutually agreed to terminate the franchise due to Charter obtaining a state franchise pursuant to the Digital Infrastructure and Video Competition Act of 2006 Section 2. Title 1, Chapter 10 of the Atascadero Municipal Code is amended by adding a new Section 1-10 41 to read as follows Section 1-10 41 Fee for support of Peg Access Facilities and Activities (a) A fee paid to the City is hereby established for the support of public, educational, and governmental access ("PEG") facilities and activities within the City Unless a higher percentage is authorized by applicable state or federal law, this fee shall be an amount up to one percent (1%) of a Cable operator's gross annual cable service revenues, as that term is defined in the State Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") or federal law This fee is also applicable to any Cable operator holding a State video franchise and operating within the City, which shall pay to the City on an amount up to one percent (1%) of its gross revenues derived from the provisions of video services within the City The term "gross revenues" shall be defined as set forth in the Public Utilities Code section 5860 The City acknowledges that its existing Cable 132 operator, Charter Communications, requires ninety days notice to implement the 1% PEG fee (b) The PEG fee established by this section shall be remitted quarterly to the City and must be received not later than 45 days after the end of the preceding calendar quarter The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based and explains the basis for the calculation of the fee, which summary and explanation must be verified by the responsible financial officer or employee of the Cable operator Section 3 Title 1, Chapter 10 of the Atascadero Municipal Code is amended by adding a new Section 1-10 42 to read as follows Section 1-10 42. Special Provisions Applicable to Holders of State Video Franchises (a) Franchise Fee. A Cable operator holding a state video franchise ("State Video Franchise Holder") and operating in the City shall pay to the City a franchise fee that is equal to five percent (5%) of the gross revenues of that State Video Franchise Holder The term "gross revenues" shall be defined as set forth in Public Utilities Code section 5860 The first remittance of this franchise fee payment to the City shall be made within 45 days after the calendar quarter that ends not less than 180 days after the State Video Franchise Holder commences to provide video service in the City Thereafter, the franchise fee payments shall be remitted to the City within 45 days after the end of each quarter All remittances shall be made to the City and shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based and explains the basis for the calculation of the fee, which summary and explanation must be verified by the responsible financial officer or employee of the Cable operator (b) Audit Authority. Not more than once annually, the City may examine and perform an audit of the business records of a State Video Franchise Holder to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees and PEG fees required by Section 1-10 41 of this Code (c) Customer Service Penalties under State Video Franchises. (1) Any State Video Franchise Holder providing service in the City shall comply with all applicable State and federal customer service protection standards pertaining to the provision of video service. (2) The City shall monitor a State Video Franchise Holder's compliance with State and federal customer service and protection standards. The City will provide to the State Video Franchise Holder written notice of any material breaches of applicable customer service and protection standards, and will allow the State Video Franchise Holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following monetary penalties to be imposed by the City in accordance with State law 133 i For the first occurrence of a violation, a monetary penalty of$500 shall be imposed for Ifto each day the violation remains in effect, not to exceed$1500 for each violation. ii. For a second violation of the same nature within twelve months, a monetary penalty of $1000 shall be imposed for each day the violation remains in effect, not to exceed $3000 for each violation. iu For a third or further violation of the same nature within twelve months, a monetary penalty of $2500 shall be imposed for each day the violation remains in effect, not to exceed$7500 for each violation. (3) A State Video Franchise Holder may appeal a monetary penalty assessed by the City Such appeal must be filed no later than 60 days after the date of mailing of notification of the penalty or the right of appeal shall be deemed waived. After relevant evidence and testimony is received, and staff reports submitted, the City Council will vote to either uphold or vacate the monetary penalty The City Council's decision on the imposition of a monetary penalty shall be final. (d) City Response to State Video Franchise Applications. (1) Applicants for state video franchises within the boundaries of the City must concurrently provide to the City complete copies of any applications or amendments to applications filed with the California Public Utilities Commission. Once complete copy must be provided to the City Manager (2) The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise. (e) Public, Educational, and Governmental Channel Capacity and Capital funding. A State Video Franchise Holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of up to 3 public, educational, and governmental ("PEG") access channels The City shall provide ninety days notice to its existing Cable operator, Charter Communications, prior to activation of an additional PEG channel. (1) PEG access channels shall be for the exclusive use of the City and its designees to provide PEG programming. (2) Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities (3) The PEG access channels shall be carried on the basic service tier; provided, however, that if the technology used eliminates the basic service tier, then all PEG access channels 134 shall be placed on the cable system in a manner equivalent to local over-the-air broadcast stations (4) To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator, Charter Communications, unless prohibited by federal law or otherwise agreed to by the City After the initial designation of the PEG access channels, the channel numbers shall not be changed without written consent of the City unless the change is required by federal law (5) Each PEG access channel shall be capable of carrying a National Television System Committee television signal. (f) Interconnection. Where technically feasible, a State Video Franchise Holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State Video Franchise Holders and incumbent cable operators shall provide interconnection of the PEG access channels on reasonable terms and condition and may not with hold the interconnection. If a State Video Franchise Holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the State Video Franchise Holder to interconnect its network with the incumbent's network at a technically feasible point on the holder's network as identified by the State Video Franchise Holder If no technically- feasible point for interconnection is available, the State Video Franchise Holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the State Video Franchise Holder requesting the interconnection unless otherwise agreed to by the parties (g) Emergency Alert System and Emergency Overrides. A State Video Franchise Holder must comply with the Emergency Alert system requirements of the Federal Communications Commission in order that the emergency messages may be distributed over the State Video Franchise Holder's network. Provisions in the prior City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all State Video Franchise Holders in the City for the duration of the City-issued franchise, or until the term of the franchise would have expired had it not been terminated pursuant to subdivision (m) of section 5840 of the California Public Utilities Code, or until January 1, 2011, whichever is later Section 4 A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in 135 the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote. AYES NOES ABSTAIN ABSENT ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , Ellen Beraud City Clerk Mayor APPROVED AS TO FORM. Brian A. Pienk City Attorney 136 Attachment C ArRac?t r ,core vg(a $U31n tains UMMI 3"VITOTWt O-OMER(WHIMICA i Las wevt:hqman'ca"111a 6:77 Fiis!ewt.Y Food ue I Ut,-M-N71 FRI. 530 241-aiu July29 213M) Agreement behqefin the Cib/of ALascaderu and Charter Communications Charter Communication has applied for and received a video franchise from the California Public Utilities Commission to provide cable television service to the City of Atascadero under the Digital Infrastructure and Video Com petlU on Ad(DIVir-A) The City of Atascadero and Charter Comm un Ica Lions have mutually agreed to rescind the local ..able telvvi sin,n franchise all reem ent for the City of Atascadero. The City of Atascadero retains all rights conveyed to local government included in IDIVCA including Customer Service Standards and capftl funding For Public, Education and Government Acces�(hanncI5 In addition, Charter CGmmunlcation.,;agrees to provide the City complimentary acam"s to the Institutional Netilifork and cable vidwo service Lo currently served City bulldin,4t, and public schook; until the natural expiration of the franchise In 2016. Siqn-.d SlJsan Evaris Charter Communications City of Allascadero 137 14,00 1.011� ITEM NUMBER C-4 DATE 09/08/09 r � tais' r:F� F te�ar7 Atascadero City Council Staff Report- Public Works Department Atascadero Sub-Basin / Paso Robles Groundwater Basin Study Participation RECOMMENDATION Council authorize a budget appropriation from the General Fund Reserve in the amount of $16,000 to participate in the Paso Robles Groundwater Study as it applies to the Atascadero sub-basin DISCUSSION The San Luis Obispo County Flood Control and Water Conservation District has long been concerned about declining groundwater levels in portions of the Paso Robles Groundwater Basin (primarily east of the City of Paso Robles) To study what is causing the declining water levels, the agency has commissioned several studies over the past five years The most recent study was part of the County's Resource Capacity Study, which periodically identifies resource limitations that affect land use policies and procedures Over the past several months, City staff has been participating in meetings via the Water Resource Advisory Committee (WRAC) regarding the content of the draft Paso Robles Groundwater Basin Pumping Study by Todd Engineers (Todd) The study area of the draft Report, commissioned by the County of San Luis Obispo and the City of Paso Robles includes the entire Paso Robles Groundwater Basin, and more importantly to the City of Atascadero, a sub-area that is referred to as the "Atascadero sub-basin" The report contains conclusions and recommendations that would have significant impacts on the City of Atascadero with respect to annexations, environmental impact reports, and CEQA reviews in general Even though the Todd report showed generally rising groundwater levels in the Atascadero sub-basin, the County Planning staff was treating the Atascadero and Templeton communities the same as areas of significant decline such as the vineyard areas between Paso Robles and Shandon The County, as part of their Resource 139 ITEM NUMBER C-4 DATE. 09/08/09 Capacity Study, was prepared to impose a Level of Severity 3 (most restrictive) for the Atascadero sub-basin area. According to the County's Resource Management System, a Level of Severity 3 (LOS lll) is defined as "the resource is being used at or beyond its estimated dependable supply, or dependable supply will be depleted before new supplies are developed' This triggers a requirement to no longer approve General Plan Amendments or land divisions that result in a net increase in the non-agricultural use of water Environmental determinations that do not fully address this issue would be subject to legal challenge Even though the County has no authority within the City limits for land use decisions, the effect of such area wide mandates regarding groundwater and its use would impact the environmental review process Consequently the premature or unwarranted imposition of a Level of Severity 3 on the Atascadero sub-basin would require environmental reviews, EIR's (i a Walmart) and CEQA determinations within the City to address more global water resource capacity issues at considerable time and expense Furthermore it would likely influence or prevent the County and LAFCO from supporting or approving annexations (i a Eagle Ranch) to the City In conjunction with the Atascadero Mutual Water Company, Public Works and Community Development Department staff discovered numerous fundamental problems with the analysis in the Todd report, and caused the WRAC to form a sub-committee, which included Public Works Director Russ Thompson and AMWCo General Manager John Neal, among others, to review the issue in more detail After several meetings the sub-committee recommended to the WRAC that an additional study be commissioned to more thoroughly analyze groundwater pumping and recharge The sub-committee also recommended that the costs be shared equally by the five affected agencies, namely 1 City of Atascadero 2 City of Paso Robles 3 Templeton Community Services District 4 Atascadero Mutual Water Company 5 County of San Luis Obispo The sub-committee insisted that a more comprehensive analysis be performed for the Atascadero sub-basin that included 1) The major recharge components such as imported Nacimeinto Project water and wastewater treatment percolation, 2) Commentary on the differences between Salinas River underflow and Paso Robles groundwater basin recharge, 3) Water use figures more consistent with the AMWCo's records, and 4) Impacts of municipal (Paso Robles) water well locations within the Salinas River aquifer 140 ITEM NUMBER C-4 DATE. 09/08/09 Previous to the Todd Engineering report, another consultant, Fugro West, Inc (Fugro), had performed a larger study of the groundwater basin that included a more comprehensive analysis The sub-committee's recommendation to the WRAC was to have Fugro take the new undisputed pumping data in the Todd report and update the "water balance" tables included in their original study of the groundwater basin using data provided by the Cities of Paso Robles and Atascadero, Templeton Community Services District, and AMWCo The results from the proposed Fugro study are expected to provide a more accurate picture of the condition of the groundwater basin The improved data, based on a preliminary review by the sub-committee, will likely not trigger any Level of Severity restrictions as proposed by the County Planning Department. By participating in the study, the City will be able to assure that the City's interests are protected with respect to the accuracy of the data being considered in the study and the corresponding conclusions drawn from the analysis The participation in the study will also show the City's solidarity with the Atascadero Mutual Water Company in addressing critical resource capacity questions affecting our community FISCAL IMPACT The proposed budget allocation will authorize $16,000 in expenditures from the General Fund Reserve City's Proposed Share of Study $12,840 Overhead Expenses (+/-5%) $ 600 20% Contingency 2,560 Total Requested Allocation $16,000 ATTACHMENTS 1) Proposed Contract with SLO County Flood Control &Water Conservation District 2) Map of the Atascadero sub-basin �r 141 ITEM NUMBER C-4 DATE 09/08/09 Reimbursement Agreement This agreement, made this day of , by and between the San Luis Obispo County Flood Control and Water Conservation District (District) and the City of EI Paso de Robles, Templeton Community Services District, Atascadero Mutual Water Company and City of Atascadero collectively referred to as Parties (all Parties other than the District shall also be collectively referred to herein as the "Agencies") WITNESS OF WHEREAS, the Parties have an interest in monitoring and maintaining the health of the Paso Robles Groundwater Basin (Basin) as a vital water resource, and, WHEREAS, County Planning Department Staff has prepared a draft Resource Capacity Study for the Basin which utilizes data and information from various studies and reports prepared by consultants on the Basin (studies), and, WHEREAS, new data and information is available to update these studies and improve the draft Resource Capacity Study; and, WHEREAS, all Parties have reviewed the scope of work required to update the studies and have agreed that Fugro West, Inc (hereafter "Consultant") is qualified to do the work, and, WHEREAS, all Parties intend to share equally in the cost of updating the studies (i a each Party paying one fifth of the costs of the work), and, WHEREAS, the Parties have a agreed that the Public Works Department, as staff to the District, is the appropriate lead agency for procuring Consultant to update the studies, and, WHEREAS, all Parties will participate in the technical review of Consultant's work via a Steering Committee NOW, THEREFORE, it is hereby mutually agreed by Parties as follows 1 Agencies will initially deposit with District $6,420 within 15 days of District's execution of a contract with the preferred consultant for payment to update the studies Agencies will deposit with the District one fifth of the consultant's remaining fees within 15 days of written notification to Agencies by the District of receipt of the updated study completed by the consultant. It is estimated that one fifth of the consultant's remaining fees (after the Parties initial deposits) will also be $6,420 2. Agencies shall pay to the District one fifth of any additional amounts within 15 days of District's invoice for said additional amounts as may be required to pay the consultant for additional services as agreed upon in 142 ITEM NUMBER C-4 DATE 09/08/09 ,,,,► writing by the Parties If the deposit is greater than the funds necessary to pay consultant for said services, then District will reimburse all remaining funds proportionately to the Agencies 3 The District will include in the contract with Consultant a requirement that the Consultant name the Agencies as additional insureds on the Consultant's General Liability insurance policy and as indemnitees 4 This Agreement shall not be changed or modified except upon written consent of the Parties 5 This Agreement is intended by the Parties as a final expression of their understanding with respect to the matters contained herein and is a complete and exclusive statement of the terms and conditions thereof IN WITNESS WHEREOF, Agencies have executed this Agreement with the approval of its governing body, and District has executed this Agreement in accordance with the authorization of the Board of Supervisors City of Paso Robles rrr By- Date. City of Atascadero By- Date Templeton Community Services District By' Date Atascadero Mutual Water Company By, Date 143 ITEM NUMBER C-4 DATE 09/08/09 SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Date —' 20— By- Chairperson of the Board San Luis Obispo County Flood Control and Water Conservation District (District) ATTEST County Clerk and Ex-Officio Clerk of the Board of Supervisors, San Luis Obispo County Flood Control and Water Conservation District APPROVED AS TO FORM AND LEGAL EFFECT WARREN R. JENSEN COUNTY COUNSEL (as Ex-Officio District Counsel) By- Date Deputy County Counsel 144 _ J 1 mein#125 12.0 7.A4 129011.7 57 - ? Pesao 1 1114 17th 10.16 16.1 120 ` 3 A1tas.A9 tual V9Mff 034 22,7 11.$0 1 22,8 17.6 75 4 Hotzkor 0225.2 21 MA I 25.8 19.3 25 ' = "" n KInCh#52.7 13.A U.66 I V& 11.9 78 0 Can Pwich#1 1 17.15 1 10.6 9.B U 7 VW1W Ranch*W we 170:5 1 14A 12.3 75 h 12.'79 1 17:6 14.0 4 �-"'�`.�� SFt.�;�. �y a ' ���;� •„,;,,.,.,. ,y„ m `, 1% k::.. d y'' 4yyyywwwwgggg''''N, l Legend A Ratr1f8tt SMon Streams State Highways 7ownsNp and Riga Grid Basin Boundary —May 2049 Figure 1 Chios/Communities .�`. subareas TCDD ENGINEERS Paso Robles Alameda, Califomi'a Groundwater Basin County Line 145 -a