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HomeMy WebLinkAboutAgenda Packet 10/24/2006 19 19 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, October 24, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Cal-Trans Parcel Nos. 5461-01-01 and 5462-01-01 located on the southwest side of Highway 41 near the intersection of Cemetery Road City Negotiator: Wade McKinney, City Manager Negotiating Parties: California Department of Transportation Under Negotiations: Price and Terms of Payment of above parcels 3. ADJOURN_ 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. • PLEDGE OF ALLEGIANCE: Council Member Luna 1 ROLL CALL: Mayor O'Malley Mayor Pro Tem Pacas • Council Member Clay Council Member Luna Council Member (Vacant) 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 five 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.) APPROVAL OF AGENDA: Roll Call 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.) 1. Council Member Luna — Existing eighty-three page report on the • interference by Council Candidates and Planning Commissioner with Planning Staff's enforcement of Planning Commission Approved Conditions. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Special Joint Study Session Meeting Minutes — September 26, 2006 ■ City Clerk Recommendation: Council approve the City Council Special Joint Study Session meeting minutes of September 26, 2006. [City Clerk] 2. City Council Meeting Minutes — September 26, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of September 26, 2006. [City Clerk] • 2 3. Purchasing Policy ■ Fiscal Impact: The proposed policy has no direct fiscal impact, however, it is expected to generate a savings of staff time. ■ Recommendation: Finance Committee recommends Council adopt Draft Resolution A amending the Citywide Purchasing Policy. [Administrative Services] 4. Final Map 2006-0132 (Parcel Map AT 04-0571) 2445 Monterey Road (TPM 2004-0067 Amendment) (Armet) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Parcel Map 2006-0132 (Parcel Map AT 04-0571); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement. [Public Works] B. PUBLIC HEARING: 1. Amendments to Conditions of Approval: Traffic Improvements for the US 101/Santa Barbara Interchange (Las Lomas and Dove Creek Developments) ■ Fiscal Impact: None. ■ Recommendations: Council: • 1. Approve Draft Resolution A approving amendments to Conditional Use Permit 2003-0099, Condition #78, and Tentative Tract Map 2003-0033, Condition #34, for the Dove Creek development to allow for the installation of alternative US 101/Santa Barbara Road interchange improvements; and, 2. Approve Draft Resolution B approving amendments to Specific Plan 2003-0001, Condition #63, and Tentative Tract Map 2003-0027, Condition #49, for the Las Lomas (formerly Woodlands) development to allow for the installation of alternative US 101/Santa Barbara Road interchange improvements. [Public Works] C. MANAGEMENT REPORTS: 1. US 101/SR 41 Interchange Right-of-Way Funding and Utility Relocation Issues ■ Fiscal Impact: $400,000.00 City contribution to the project is allocated in the 2005/2007 Budget from Circulation Fees. • Recommendations: Council: 1. Authorize Caltrans to close Marchant Ave. and Santa Ynez Ave. at State Route 41 (Morro Road); and, • 2. Authorize the City Manager to enter into an agreement with Don Giessinger to allow the placement of a carwash and parking in the right-of-way of Marchant Ave.; and, 3 3. Authorize the City Manager to enter into a cooperative agreement with Caltrans for the relocation of sewer and water mains in State Route 41; and, 4. Authorize the City to accept right-of-way from Caltrans on EI Camino Real; and, 5. Authorize the City Manager to enter into a Cooperative Agreement with Caltrans to pay $400,000.00 as part of the City's contribution to the project; and, 6. Receive report on Proposition J effect on the US 101/ SR 41 Interchange Project. [Public Works] 2. Resolution Designating Employees for Ethics Training ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution, designating officials and employees for Ethics Training pursuant to AB 1234. [City Attorney] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors (EVC) • 5. League of California Cities— Grassroots Network 6. Economic Opportunity Commission (EOC) 7. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) Mayor Pro Tem Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group 4. City/ Schools Committee Council Member Luna 1. Finance Committee • 4 E. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager a. Commission Attendance Reports 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 24, 2006 Regular Session of the Atascadero City Council was posted on October 17th, 2006 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 17th day of October, 2006 at Atascadero, California. • Shannon Sims, 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 7:00 p.m., 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 Central Receptionist counter and on our website, www.atascadero.org. 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 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 AGENDA ITEMS 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 podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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. Access to hook up your laptop to the City's projector will 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 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: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business 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 HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 6 Memorandum To: Atascadero City Council and Wade McKinney,City Manager From: George Luna,Councilman Date: 10/15/2006 Re: Existing Eighty Three Page Report on the interference by Council Candidates and Planning Commissioner with Planning Staff's enforcement of Planning Commission Approved Conditions. Please include this for discussion and direction under Council Announcements and Reports at our October 24,2006 meeting. The Municipal Code states: 2-4.18 Relations to Council. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager.The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council,and no individual Council member shall give any orders or instructions to the City Manager.The City Council shall instruct the City Manager in matters of policy.Any action,determination or omission of the City Manager shall be subject to review by the City Council.The City Council may not overrule,change or modify any such action,determination or omission except by the affirmative vote of at least three(3)members of the City Council.(Ord. 86§ 1 (part), 1984) It is unfortunate that,according to the City Attorney,this does not apply to Council Candidates or Planning Commissioners.I condemn what has happened here and seek remedy by asking that the Municipal Code be amended to prevent this and that(Planning and Parks and Recreation) Commission Norms be adopted similar to the Council adopted Norms.If there are other options,I am open to them. It takes great courage for staff to risk their careers with the city by blowing the whistle on this intimidation.It is the Council and Management who are responsible for the safe working conditions of its employees and it is time that we stand with them to protect the public process. 7 ITEM NUMBER: A-1 DATE: 10/24/06 SPECIAL JOINT STUDY SESSION Atascadero City Council Atascadero Parks & Recreation Commission DRAFT MINUTES Tuesday, September 26, 2006, 5:30 p.m. Atascadero City Hall, 6907 EI Camino Real, Atascadero, California Mayor O'Malley called the meeting to order at 5:30 p.m. ROLL CALL: Present: Council Members Clay, Luna, Pacas and Mayor O'Malley Parks and Recreation Commissioners Ausman, Butz, Jack, Livick, Sechrist and Chairperson Mathews Absent: Council Member Luna and Commissioner Castaneda Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson and Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Deputy Public Works Director Geoff English, and City Attorney Patrick Enright. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to approve the agenda. Motion passed 9:0 by a roll-call vote CC/PRC Draft Minutes 09/26/06 Page 1 of 4 9 ITEM NUMBER: A- 1 DATE: 10/24/06 Mayor O'Malley thanked the Parks and Recreation Commission for the work they do for the community. PRESENTATION: 1. Presentation on the Veterans Memorial. Colonel Bill Hatch gave a presentation on the proposed Veteran's Memorial. Mayor O'Malley recommended this item be sent directly to the Parks and Recreation Commission. A draft policy regarding art in public places was distributed for future consideration. There was Council consensus to direct the Veterans Memorial project to the Parks and Recreation Commission, JOINT STUDY SESSION ITEMS: 1. Policiesonthe type and ownership of parks 2. Keeping up with park space for the community 3. How is the Commission involved in park planning 4. How the City intends to meet the General Plan park land goals Community Services Director Brady Cherry and Community Development Director Warren Frace gave the staff reports. The following issues were raised by Commissioners and Council during their discussions: ■ Clarity on the role of the Parks and Recreation Commission in relation to park development and the parkland process. ■ Increased role for the Commission to take some of the workload off of Council. ■ A greater role for the Commission in the budgeting process for development and maintenance of parks. The Commission would like to look at all projects above a certain size that have the potential for a park. The Commission would be involved early and be part of the permitting process. ■ Direction from the Council as to its objectives, and guidelines for the Commission as well as its vision for the community. ■ The Commission commended the Stadium Park process and would like to see it used again in the future when planning for other parks. CC/PRC Draft Minutes 09/26/06 10 Page 2 of 4 ITEM NUMBER: A- 1 DATE: 10/24/06 ■ Should there be a different process for public vs. private parks. ■ Development of policies/templates that are standard for all projects. ■ Concern that the process for Parks and Recreation Commission input be a speedy one to prevent adding time and cost to project developers. ■ If projects are to be referred to the Commission on a regular basis, should there be a standard, i.e. 12 or more units. ■ Private parks still provide a major benefit to the community, so it would be helpful to have these developments go before the Commission. The following suggestions resulted from the joint discussions: ■ Increase joint City Council / Parks and Recreation Commission meetings to twice a year. ■ Continue with the meetings between the Mayor, Mayor Pro Tem, Commission Chairperson and Vice Chairperson to keep dialog open between the two bodies. This subgroup would meet quarterly. ■ Take a portion of the Strategic Planning Session to shape the framework and further define issues raised at this meeting. ■ Creation of a set of general written guidelines as a point of reference and to maintain continuity between the Council and Commission. There was Council consensus to take the next step of the Council and Commission subgroup meeting and reporting back. 5. Update on the Stadium Park Planning process, next steps, any changes Community Services Director Brady Cherry gave an update on the Stadium Park process. PUBLIC COMMENT: Ann Hatch asked if the City Council and Parks and Recreation Commission might be able to give them a sense of what the process would be for approval or denial of the Veteran's Memorial project. Eric Greening raised several issues including responsibility for raising, lowering and repair of flags for the proposed veteran's memorial wall, the need for a TDC ordinance, and the timeline for Stadium Park given the Parks and Recreation Commission's December meeting schedule. Mayor O'Malley closed the Public Comment period. CC/PRC Draft Minutes 09/26/06 Page 3 of 4 11 ITEM NUMBER: A- 1 DATE: 10/24/06 ADJOURNMENT: Mayor O'Malley adjourned the meeting at 6:42 p.m. The City Council and Parks & Recreation Commission adjourned to their next regularly scheduled meetings. MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC/PRC Draft Minutes 09/26/06 12 Page 4 of 4 ITEM NUMBER: A-2 DATE: 10/24/06 leis ie e CITY OF A TA SCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, September 26, 2006, 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor O'Malley called the meeting to order at 7:03 p.m. and Mayor Pro Tem Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, Pacas and Mayor O'Malley Absent: Council Member Luna Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kerry Margason and City Attorney Patrick Enright. . . .........___...._.. . COMMUNITY-FORU M: Pastor Johnny Johnson, Paradise Fellowship of Atascadero, led those present in prayer. David Curtis asked if there is a process for the public to place an item on the agenda, and questioned what limitations exist for campaign finances in Atascadero. CC Draft Minutes 09/26/06 Pagel of 10 13 Lee Perkins, representing Oppose Wal Mart, responded to a recent letter to the editor in the Atascadero News, stated Oppose Wal Mart's goals, and announced the candidates they are supporting for the next City Council race. Tom Comar, spokesperson for Oppose Wal Mart, spoke about the organization's work to prevent adverse impacts to the community from issues such as zoning for a Wal Mart superstore. He asked that a Council Member place an item on the next agenda to determine how a citizen or group can place an item on a City Council agenda. Sandra Wyberg requested that a marker be placed as promised to honor those who were buried in the Dove Cemetery. Mary Ubersacks spoke in support of a marker for the Dove Cemetery as was promised when the bodies were removed. David Broadwater shared information regarding his May 16th California Public Records request, and displayed and discussed the implications of several email communications between city staff, a council member, a property owner's representative and the Rottman Group regarding the Annex property. (Exhibit A) Livia Kellerman questioned if Von's shopping center was considered part of the downtown area, and stated it would be nice to have something other than a Lube N GO in their parking lot. Eric Greening spoke in support of the Dove Cemetery marker and asked what recourse is available when project mitigations are not followed. Mr. Greening asked if there was documentation of a proposed meeting between city staff and the Rottman group on August 30, 2005. Mike Brennler spoke about the emails presented by Mr. Broadwater and stated his belief that they are destroying the credibility of the executive management in Atascadero. Maria Hooper referred to a letter she recently wrote to the Editor of the Atascadero News and stated that everything she wrote was a direct quote from an email she had received from Ms. Perkins of Oppose Wal Mart. She stated she is opposed to Wal Mart and big box stores in general and supports mom and pop stores. Mayor O'Malley closed the Community Forum period, City staff addressed issues raised during the Community Forum period. CC Draft Minutes 0926/06 Page 2 of 10 14 APPROVAL OF AGENDA: Mayor O'Malley announced that the Special Joint Session with the Planning Commission has been cancelled as well as Item #13-2 as both require four members of the Council to be present. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to approve the agenda as amended. Motion passed 3:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Mayor O'Malley- Del Rio Project—Target Stores — Request City Council Action Mayor O'Malley read into the record an email he sent to staff regarding the possibility of Target building a new store at the Del Rio site. He encouraged staff to speak with anyone that wants to do business in Atascadero. PUBLIC COMMENT Livia Kellerman expressed concern that the next wave is not big box stores but rather smaller pedestrian friendly stores and stated that based on her research she does not believe that Target is really interested in the Del Rio site. Sorrel Marks requested that Council make it very clear when they are speaking of a super center in the context of a retail store. She also requested that Council look into lifestyle centers rather than big box stores. Eric Greening asked several questions regarding the process for the Annex site including a possible zone change request and the order of applications received for the site Bruce Bevins thanked the Council for coming forward with the idea of presenting the process upfront, and for the idea that all comers would have a shot. He stated his opposition to having Wal Mart in Atascadero. Steve Tillman commented that there is not a process for community participation in the city's decision making process. Craig Baggie asked what the process would be now that Wal Mart has bought the 26 acre parcel, whether this would freeze out other retailers, and what Wal Mart would do if it can't get the appropriate zoning. David Broadwater expressed his opinion that this issue looks phony and political given that Wal Mart already owns the land and would not sell it to their competitor. CC Draft Minutes 09/26/06 Page 3 of 10 15 Pastor Johnny Johnson commended Council because he believes in what they are doing and that they have the best intentions for the city. He would like people who live in Atascadero to be able to shop locally for the best products and prices. Ron Rothman stated he moved here for clean air, quietness and community, and does not want to see this community become what others have by inviting businesses here without looking at their cumulative effects. Mayor O'Malley closed the Public Comment period. PRESENTATIONS: 1. Commendation presentation to Dennis Moresco. Mayor O'Malley read the Commendation and presented it to Mr. Moresco who thanked the Council for their recognition and stated he did the tree preservation because it was good for the community and the project. 2. Proclamation proclaiming October 8— 14, 2006 "Fire Prevention Week." Mayor Pro Tem Pacas read the Proclamation and presented it to Fire Fighter Bill White who accepted the proclamation for the Fire Department and explained what they do during Fire Prevention Week. 3. Economic Vitality Corporation (EVC) update by Michael Manchak, Chief Executive Officer Michael Manchak spoke about the Economic Vitality Corporation and explained their function within the county. Martha Van Inwegen, founder of Life Elements who obtained a business loan from the EVC, explained how they helped her in setting up her new business. A. CONSENT CALENDAR: 1. Title 9 Planning and Zoning Text Amendment ZCH 2006-0117/ PLN 2006- 0110 Industrial Zoning Uses, Sign Ordinance & Exterior Lighting (City of Atascadero) _ ■ Fiscal Impact: None. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A approving Zone Change 2006-0117 based on findings. [Community Development] CC Draft Minutes 09/26/06 Page 4 of 10 16 2. Establishment of Speed Limits on Various City Streets ■ Fiscal Impact: Approximately $14,000 for materials and labor to be paid with currently budgeted funds. ■ Recommendation: Council adopt the Draft Resolution formally establishing a speed limit on various City streets. [Public Works] 3. Final Map 2006-0138 (Parcel Map AT 05-0330) 8100 Coromar Road (TPM 2005-0077)(Moses) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2006-0138 (Parcel Mat AT 05-0330); and, 2. Reject, without prejudice to future acceptance, the offer of dedication for a Public Utility Easement. [Public Works] Items pulled: Ellen Beraud, Item #A-2 MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to approve Items #A-1 and 3. Motion passed 3:0 by a roll-call vote. (Item #A-1 Ordinance No. 499) Item #A-2: Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT Ellen Beraud referred to San Gabriel Road and Capistrano Road and recommended keeping the speed for both at 35 miles per hour for the safety of children using the road. Mayor O'Malley closed the Public Comment period. MOTION: By Mayor O'Malley and seconded by Council Member Clay to approve Item #A-3 and direct staff to bring it back for Council consideration if there is discretion on the item. Motion passed 3:0 by a roll-call vote. (Resolution No. 2006-088) Mayor O'Malley recessed the hearing at 8:34 p.m. Mayor O'Malley called the meeting back to order at 8:41 p.m. CC Draft Minutes 09/26/06 Page 5 of 10 17 B. PUBLIC HEARING: 1. Single-Family Planned Development #16 Zone Change 2005-0107, CUP 2005-0171 (Master Plan of Development), Vesting Tentative Tract Map 2004-0059 (2865 Ferrocarril Road)(Tharp/Beck) ■ Description: Creation of a five (5) lot subdivision and approval of five (5) single-family residences, landscaped open space, and a pedestrian/ equestrian trail leading to the Salinas River. ■ Fiscal Impact: None. ■ Recommendations: Planning Commission recommends Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0022; and, 2. Introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2005-0107 based on findings; and, 3. Adopt Draft Resolution B approving Conditional Use Permit 2005- 0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Draft Resolution C approving Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring with added Condition CUP 14 and TTM 15 requiring improvement of Chico Road and construction of a pedestrian/equestrian trail in accordance the agreement between Mr. Beck and Mr. Munoz and City requirements as shown on Attachment 7. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT— None MOTION: By Council Member Clay and seconded Mayor Pro Tem Pacas by to adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0022; and, introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2005-0107 based on findings; and, adopt Draft Resolution B ,approving Conditional Use Permit 2005-0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Draft Resolution C approving Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring with added Condition CUP 14 and TTM 15 requiring improvement of Chico Road and construction of a pedestrian/equestrian trail in accordance the agreement between Mr. Beck and Mr. Munoz and City requirements as shown on Attachment 7. CC Draft Minutes 0926/06 Page 6 of 10 18 Motion passed 3:0 by a roll-call vote. (Item #B-1.1 Resolution No. 2006-089, Item #B-1.3 Resolution No. 2006-090, Item #B-1.4 Resolution No. 2006-091) 2. Interim Urgency Ordinance Establishing a Moratorium on the Approval of "Site Condominiums" ■ Description: Temporary Ordinance establishing a moratorium for the approval of "site condominiums." ■ Fiscal Impact: None. ■ Recommendation: Council adopt the attached interim urgency ordinance establishing a moratorium on the approval of "site condominiums." [City Attorney] This item has been continued to October 10, 2006. C. MANAGEMENT REPORTS: 1. Records Retention Schedule Review ■ Fiscal Impact: None. ■ Recommendation: Council direct staff to amend the Administrative Policy concerning Electronic Mail Usage as recommended by staff. [City Manager] City Clerk Marcia McClure Torgerson gave the staff report and with City Attorney Patrick Enright answered questions of Council. PUBLIC COMMENT Ellen Beraud suggested going on a departmental basis in deciding on whether a file should be kept/created and a project comes forward or not. She also suggested there be a place for emails to be thrown into for public access, and encouraged the city to go beyond what is required for records retention. David Broadwater asked several questions regarding retention periods for non-record and record emails. He recommended falling back to the California Government Code, Section 3490 and retain emails for a two year period, and expressed concern that the 90 day retention period is not in this policy. City Attorney Patrick Enright recommended that the following be added to the section on Retention Period for Record E-Mails: It is the responsibility of each employee to delete record emails when no lonaer needed, or within 90 days. Mayor O'Malley closed the Public Comment period. CC Draft Minutes 09/26/06 Page 7 of 10 19 MOTION: By Mayor Pro Tem Pacas and seconded by Council Member Clay to direct staff to amend the Administrative Policy 40 concerning Electronic Mail Usage as recommended by staff, and with the recommendation that Mr. Enright gave. Motion passed 3:0 by a roll-call vote. 2. San Luis Obispo County Visitor's & Conference Bureau Business Improvement District ■ Fiscal Impact: None. ■ Recommendation: Council provide staff direction regarding placing the Business Improvement District on a future agenda. [City Manager] City Manager Wade McKinney gave the staff report. PUBLIC COMMENT Jonni Biaggini thanked Council for the opportunity to address this subject at the October 10th meeting and answered questions of Council. Mayor O'Malley closed the Public Comment period. There was Council consensus to have this come back at the next Council meeting on October 10th 3. Letter of Support for the Chicago Grade Landfill Expansion ■ Fiscal Impact: None. ■ Recommendation: Council direct City Manager to send letter supporting Final Environmental Impact Report for the Chicago Grade Landfill expansion. [Public Works] Public Works Director Steve Kahn gave the staff report. PUBLIC COMMENT— None MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to direct City Manager to send letter supporting Final Environmental Impact Report for the_Chicago Grade Landfill expansion. Motion passed 3:0 by a roll-call vote. D. COMMITTEE & LIAISON REPORTS: None CC Draft Minutes 09/26/06 Page 8 of 10 20 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay spoke about a program he saw regarding the pros and cons of Wal Mart, and he remarked on some of the positive aspects. Mayor O'Malley commented on a letter he received from an attorney that is highly complimentary of city staff, and stated he had received an email from the owner of American Care Home, who was pleased with the Police and Fire Department's response to a recent fire on their property. City Clerk City Clerk Marcia McClure Torgerson asked Council if they would like to continue with two student representatives to the Parks and Recreation Commission. Council directed that the City Clerk set up an interview with the Council Members Clay and Pacas for the student interested in the second student position on the Parks and Recreation Commission. • Ms. Torgerson also announced that she has extended the broadcasting time for City Council meetings on KPRL radio to 11:00 p.m. as of October. City Attorney City Attorney Patrick Enright announced that Ethics Training has been set for December 7th for any Council Members, Commissioners or staff who have not had the training yet this year. City Manager Public Works .Director Steve Khan gave an update on the Highway 41/101 interchange project. Administrative Services Director Rachelle Rickard gave an update on the repairs to_City Hall, the Printery building and FEMA actions. F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 9:43 p.m. to the next regularly scheduled meeting of the City Council on October 10, 2006 CC Draft Minutes 09/26/06 Page 9 of 10 21 MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk's office: Exhibit A—David Broadwater, emails. CC Draft Minutes 09/26/06 Page 10 of 10 22 ITEM NUMBER: A-3 DATE: 10/24/06 iais ae e Atascadero City Council Staff Report - Administrative Services Department Purchasing Policy RECOMMENDATION: Finance Committee recommends Council adopt Draft Resolution A amending the Citywide Purchasing Policy. DISCUSSION: The current policy became effective October 26, 2001, and has remained unaltered through today. In the last five years, there have been many changes to the way the City does business. Increasingly, staff looks for opportunities to become more efficient and to use limited resources most effectively. The revised proposed policy ensures maximum use of fair and open competition, the best value for the money, and consistency with all applicable laws and regulations. Policy highlights include: 1. Increased the dollar limit for departmental discretionary purchases from $2,500 per item to $10,000 per purchase; 2. Changed the dollar limit of items which must be formally bid and brought before Council from $25,000 to $40,000 (non-public projects); 3. Dollar limits and procedures for public works contracts continue to be tied to the State Pubtic Contract Code Sections 22030 to 22045; 4. Increased Per Diem amounts which approximate the median IRS rates for California; 5. Integrated AB 1234 (Government Code Section 53232.2) requirements for elected officials into Section VII, Travel and Expense Reimbursement; and 6. Revised entire policy to ensure more consistency throughout the document. 23 ITEM NUMBER: A-3 DATE: 10/24/06 Staff believes that the changes proposed in the new purchasing policy will produce operational efficiencies over the current purchasing policy, while continuing to maintain internal controls. FISCAL IMPACT: The proposed policy has no direct fiscal impact, however, it is expected to generate a savings of staff time. ALTERNATIVES: 1. Council has the option to add or delete any item or section within the proposed policy. 2. Council may elect to continue under the current purchasing system. ATTACHMENTS: Draft Resolution A Draft Purchasing Policy 24 DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE CITYWIDE 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. PASSED AND ADOPTED by the City Council of the City of Atascadero this th day of , 2006. AYES: NOES: ABSENT: CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST:_ Marcia McClure Torgerson, C.M.C., City Clerk • APPROVED AS TO FORM: Patrick L.Enright, City Attorney 25 � City of Atascadero -i IFNI I rOUNDED 1979 \,�nscn"Ego; Purchasing Policy October 24, • 27 Table of Contents SectionI—GENERAL POLICIES...................................................................................1 Purpose.................................................................................................................................l GeneralPolicies...................................................................................................................1 Federal, State and Other Grant Programs............................................................................3 SignatureAuthorization.......................................................................................................3 DepartmentResponsibilities................................................................................................4 PaymentAuthorization ........................................................................................................4 Section II—GENERAL SUPPLIES,MATERIALS AND EQUIPMENT ...................5 Purpose.................................................................................................................................5 Policies.................................................................................................................................5 1. Under$10,000.01 —Department/Division Award......................................................5 2. $10,000.01440,000.00—City Manager Award..........................................................5 2.1 Informal Quotes..................................................................................................5 2.2 Purchase Order...................................................................................................7 2.3 Purchasing Item..................................................................................................7 3. Over$40,000.00—City Council Award......................................................................7 3.1 Formal Bidding7 3.2 Awarding the Bid............................................................................................ 10 3.3 Purchasing Item................................................................................................11 Section III—PROPRIETARY EQUIPMENT AND GOODS .....................................12 Purpose...............................................................................................................................12 Policies...............................................................................................................................12 1. Under$10,000.01 —Department/Division Award....................................................12 2. $10,000.01440,000.00—City Manager Award........................................................12 2.1 Informal Quotes................................................................................................12 2.2 Purchase Order.................................................................................................13 2.3 Executing the Contract.....................................................................................14 3. Over$40:000.00-City Council Award.... ...... ....... ..... ..... .........14 3.1 Formal Evaluation of Products/Goods....... ............. .......... ........... ...I.. ........ 14 3.2 Awarding the Contract.....................................................................................15 3.3 Contract and Purchase Order............................................................................15 28 Section IV—GENERAL TRADE SERVICES..............................................................17 Purpose...............................................................................................................................17 Policies...............................................................................................................................17 1. Under$10,000.01 —Department/Division Award....................................................17 2. $10,000.01440,000.00—City Manager Award........................................................18 2.1 Informal Quotes................................................................................................18 2.2 Contract and Purchase Order............................................................................19 2.3 Executing the Contract.....................................................................................19 2.4 Renewals ..........................................................................................................19 2.5 Change Orders....................................................................:.............................20 3. Over$40,000.00—City Council Award....................................................................20 3.1 Formal Bidding.................................................................................................20 3.2 Awarding the Bid.............................................................................................24 3.3 Contract and Purchase Order............................................................................24 3.4 Renewals ..........................................................................................................24 3.5 Change Orders..................................................................................................25 Section V— PROFESSIONAL SERVICES............................... ...............................26 Purpose...............................................................................................................................26 Policies...............................................................................................................................26 1. Under$10,000.01 —Department/Division Award....................................................26 2. $10,000.01-$40,000.00—City Manager Award........................................................26 2.1 Informal Solicitation of Qualifications.............................................................27 2.2 Purchase Order.................................................................................................29 2.3 Executing the Contract.....................................................................................30 2.4 Renewals ..........................................................................................................30 2.5 Change Orders..................................................................................................30 3. Over$40,000.00—City Council Award....................................................................30 3.1 Formal Requests for Proposals or Request for Qualifications.........................30 3.2 Awarding the Contract.....................................................................................36 3.3 Contract and Purchase Order............................................................................37 3.4 Renewals ..........................................................................................................37 3.5 Change Orders..................................................................................................37 29 Section VI PUBLIC PROJECTS................................................................................38 Purpose...............................................................................................................................38 Policies...............................................................................................................................3 8 1. Under$10,000.01 —Department/Division Award....................................................38 2. $10,000.01430,000.00—City Manager Award Level I...........................................39 2.1 Contract and Purchase Order............................................................................39 2.2 Executing the Contract.....................................................................................39 3. $30,000.01-$125,000.00—City Manager Award Level u.........................................40 3.1 Informal Bids....................................................................................................40 3.2 Contract and Purchase Order............................................................................40 3.3 Executing the Contract.....................................................................................41 4. Over$125,000.00—City Council Award..................................................................41 4.1 Formal Bidding.................................................................................................41 4.2 Awarding the Bid.............................................................................................44 4.3 Contract and Purchase Order............................................................................44 4.4 Change Orders..................................................................................................45 Section VII— TRAVEL AND EXPENSE REIMBURSEMENTS..............................46 Purposeand Scope.............................................................................................................46 Policies...............................................................................................................................46 1. General Provisions ....................................................................................................46 2. Authorization for Travel at City Expense .................................................................48 2.1 Authorization Levels........................................................................................48 2.2 Exceptions........................................................................................................48 2.3 Format for the Request.....................................................................................48 3. Lodging .....................................................................................................................49 3.1 General.............................................................................................................49 3.2 Special Lodging................................................................................................49 3.3 Use of Lodging as a Guest of Friends or Relatives..........................................50 4. Meals... ......... ................ ........ ...............................................................................50 4.1 Rate of Reimbursement....................................................................................50 4.2 Meals Purchased Within the City of Atascadero..............................................51 4.3 Meals Purchased for Non-City Personnel.........................................................51 30 Section VII— TRAVEL AND EXPENSE REIMBURSEMENTS (continued) 5. Transportation ..........................................................................................................52 5.1 Mode of Transportation....................................................................................52 5.2 Rate of Reimbursement....................................................................................52 5.3 Commercial Auto Rental..................................................................................52 5.4 Air Travel.........................................................................................................53 5.5 Taxis and Other Local Transportation..............................................................53 6. Business Expense......................................................................................................53 6.1 General.............................................................................................................53 7. Reimbursement Claims.............................................................................................54 7.1 General.............................................................................................................54 7.2 Claim Forms.....................................................................................................54 8. Registration/Expense Advances................................................................................55 8.1 Minimum..........................................................................................................5 5 8.2 Reservations and Registration..........................................................................55 8.3 Final Accounting..............................................................................................55 9. Reports to Governing Boards....................................................................................55 10. Responsibility and Accountability............................................................................56 10.1 Administration.................................................................................................56 10.2 Compliance with Laws....................................................................................56 10.3 Violation of This Policy..................................................................................56 11. Audits of Expense Reports........................................................................................56 SectionVIII— PETTY CASH........................................................................................57 Purposeand Scope.............................................................................................................57 Policies...................................................................................:...........................................57 1. Purchases...................................................................................................................57 2. Petty Cash Boxes...'....................................................................................................57 Section IX— DISPOSAL OF ASSETS..........................................................................58 Purposeand Scope.............................................................................................................58 Policies.-.. ....... . ........ .... ...: ........ ...... . ........ ......... ........ . ......x:...... . .:................58 1. Minor Property- Original Cost< 500.01.................................................................58 2. Other Property- Original Cost> 500.00..................................................................58 Section X-APPENDICES aA.California Public Contract Code Sections 22030 - 22045 ............................................59 31 SECTION I GENERAL PURPOSE AND SCOPE This document defines the procurement policies and procedures for the City of Atascadero. 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 1 32 Section I — GENERAL SIGNATURE AUTHORIZATION (continued) General Trade Services- Section IV Professional Services- Section V Public Works Contracts- Section VI 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. i 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-c-0n--act 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. 2 33 Section I— GENERAL SIGNATURE AUTHORIZATION (continued) 12. No City employee shall draft or cause to be drafted any specifications for bids in is such a way as to intentionally limit the bidding directly or indirectly to any one bidder, except for the sole source procurement. 13. Local Vendor Preferences 13.1 Although no preferences are available to Public Works projects, a two percent (2%) variance will be allowed for the purchase of operating equipment, supplies, and trade services from vendors located within City limits. 13.2 When soliciting informal quotes, local vendors should be used whenever practical. Use of non-local vendors should be limited to those vendors with a clearly demonstrated advantage in terms of expertise,product, service and/or price. 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 two percent variance, only businesses with an Atascadero address and a business license (if required) are eligible. 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. 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 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 34 Section I — GENERAL . 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. 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. 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. In certain instances-it may be in the-City's best-interest-to issue payment or to- 2.- -" — 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 35 Section H 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 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 CITY MANAGER AWARD $10,000.01 to $40,000.00 - Materia- ply- 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 36 Section II— GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 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 price 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 37 Section II— GENERAL SUPPLIES, MATERIALS AND EQUIPMENT CITY MANAGER AWARD $10,000.01 to $40,000.00 (continued) d) Evaluating Bids (continued): 6. Financial resources available for contract performance. 7. Ability to provide future maintenance and service, if necessary. 2.2 Purchase 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. He/she will review the purchase order packet 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. 2.3 Purchasing Item Department/Division has received the Once the Departure approved Purchase Order from the City 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. 2.4 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 38 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 3. 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 major 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. 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 job 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: L A-general description ofthe item tobepure ase--:- - 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 39 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT CITY COUNCIL AWARD > $40,000.00 (continued) 0 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 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 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 responsible bidder. &--All bid&°receivod shall-be-available-€r 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) Rejection of Bids: The City reserves the right to reject 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. 9 40 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 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 percent (2%) preference to local bidders and vendors. (See Section I — General Policies). This is accomplished by reducing the local vendor's bids by 2%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: ■ Reject 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 ea s a =prepare a repo - o- _ 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 41 Section II — GENERAL SUPPLIES, MATERIALS AND EQUIPMENT 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. 3.2 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. 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. 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. 3.4 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 42 i 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 DEPARTMENUDIVISION 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 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 --- -suffix,lent--documentation_of_background analysis to support the purchase. Informal -- - - solicitation of qualifications should be used to assure quality goods are receive or —= reasonable price. 0 12 43 SECTION III- PROPRIETARY EQUIPMENT AND GOODS 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 rt�duct=which :inieir.evaluationPr�cess>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 44 SECTION III-PROPRIETARY EQUIPMENT AND GOODS 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. 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 CITY COUNCIL AWARD > $40,000.00 Proprietary purchases exceeding $40;000 must be awarded by the City Council. A more formalevaluationshould be used,thereby assuring the=£ity that it has purchase 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 45 SECTION III-PROPRIETARY EQUIPMENT AND GOODS CITY COUNCIL AWARD >$40,000.00 (continued) 3.1 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. a) 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. 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 orc�enng the unauthorized purchase may e eid personally liable for- the costs of the contract. 15 46 SECTION III - PROPRIETARY EQUIPMENT AND GOODS CITY COUNCIL AWARD > $40,000.00(continued) • 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. 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. 3.4 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 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval. 16 47 Section IV 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 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. 17 48 SECTION IV— GENERAL TRADE SERVICES • 2 CITY MANAGER AWARD $10,000.01 to $40,000.00 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. is 49 SECTION IV - GENERAL TRADE SERVICES CITY MANAGER AWARD $10,000.01 to $40,000.00 (Continued) is c Evaluating Bids (continued): 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. 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. 19 50 SECTION IV- GENERAL TRADE SERVICES CITY MANAGER AWARD $10,000.01 to$40,000.00 (Continued) 2. 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. 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 major 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. 3.1 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 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 eproject. _ __-_ --- 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 job relates. 4. Scope of work — Describe in detail the requirement for the job and detail specification 20 51 SECTION IV - GENERAL TRADE SERVICES CITY COUNCIL AWARD > $40,000.00 (Continued) a) Bid Forms (continued) is 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 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 �nade4)ayable—to-theCity of Atascadero. When a bidder's 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 21 52 SECTION IV- GENERAL TRADE SERVICES CITY COUNCIL AWARD > $40,000.00 (Continued) bidders 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) Rejection of Bids: The City reserves the right to reject 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. 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 two percent (2%) 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 2% 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. Reject 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 22 53 SECTION IV- GENERAL TRADE SERVICES 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 $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. 0 23 54 SECTION IV - GENERAL TRADE SERVICES CITY COUNCIL AWARD > $40,000.00 (Continued) Negotiation: The Department Head or desi ee s shall discuss with the highest J) g p im ( ) 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. 3.2 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 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. - --- -- the entire p =order, the W-9; oof 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. 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. 24 55 SECTION IV- GENERAL TRADE SERVICES CITY COUNCIL AWARD >$40,000.00 (Continued) 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 price. Change orders in excess of 20% shall be brought to the City Council for approval. 4. 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. 25 56 SECTION V PROFESSIONAL SERVICES 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. 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. DEPARTMENT/DIVISION 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. 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 26 57 SECTION V - PROFESSIONAL SERVICES 2 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. 2.1 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: merg ricy situations where time is of--theessence, #he-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. 27 58 SECTION V- PROFESSIONAL SERVICES • 2. 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. 28 59 SECTION V-PROFESSIONAL SERVICES 2 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 die City Manager or the-Director of Adxiministrative 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. 29 60 SECTION V- PROFESSIONAL SERVICES • 2 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. 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 Tie-services to be}ief or�ne 3. The product to be provided • 30 61 SECTION V -PROFESSIONAL SERVICES 3. 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 project ■ 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-servicesrria3 z 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 31 62 SECTION V- PROFESSIONAL SERVICES 3 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 I. 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 Aicient amount of time should-be 1lowec_after_ e 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 0 request. 32 63 SECTION V -PROFESSIONAL SERVICES 3 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. 33 64 SECTION V -PROFESSIONAL SERVICES 3 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 rejection 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 rejected. d) Rejection of Proposals: The City reserves the right to reject 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 34 65 SECTION V-PROFESSIONAL SERVICES 3 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. 35 66 SECTION V - PROFESSIONAL SERVICES 3 CITY COUNCIL AWARD > $40,000.00 (continued) 3.1 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. 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. 36 67 SECTION V -PROFESSIONAL SERVICES 3 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. 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 annuarrenewal provisions forupto ve 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 price. Change orders in excess of 20% shall be brought to the City Council for approval. 37 68 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 proj ect. 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 DEPARTMENUDIVISION 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. 38 69 SECTION VI-PUBLIC PROJECTS 2 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. 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. 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. 39 70 SECTION VI- PUBLIC PROJECTS 2 CITY MANAGER AWARD LEVEL I $10,000.01 to $30,000.001 (continued) 2.3 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 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. 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. 40 71 SECTION VI- PUBLIC PROJECTS 3 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. 3.4 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 amount. Change orders in excess of the 20%aggregate or the $125,000 contract amount shall be brought to the City Council for approval. 4 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. 4.1 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.— uestions —_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. 41 72 SECTION VI-PUBLIC PROJECTS 4. 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 job will be performed and to which the job 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. 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 m public at the time and=place stated - 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. 42 73 SECTION VI- PUBLIC PROJECTS 4 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) Rejection of Bids: The City reserves the right to reject 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 rejected, 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 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. 43 74 SECTION VI- PUBLIC PROJECTS 4. CITY COUNCIL AWARD > $125,000.001 (continued) 4.1 Formal Bidding (continued) 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. Reject 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. 44 75 SECTION VI- PUBLIC PROJECTS 4 CITY COUNCIL AWARD > $125,000.001 (continued) 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. i) 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. 4.4 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. 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. 45 76 SECTION VII. 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 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 mi 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 46 77 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 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. 1.2 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. 1.3 City Officials and Employees should neither enrich themselves nor be required to _ - -use their own funds while traveling _9nCity _ - -- - 1.4 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. 47 78 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 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, superceding 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 re station fees,lodg g, meal"ansportation, 48 79 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. 3.2 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. i. 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.priceline.com or an equivalent service shall be considered reasonable-andhence 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. 49 80 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT iii. 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. 3.4 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. 4.1 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$51.00 shall be paid to Employees for meals associated with each day of travel as follows: 1. Breakfast $10.00 2. Lunch $15.00 - - -- 3.__ Dinner- $26:00_ 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 circumstances,the City Manager may approve individual meal expenses (for Employees only) above the guideline with written justification, copies 50 81 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 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. 4.2 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__ ■ 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. 51 82 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT ■ 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. i5.1 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 reimbursement rate--for private_vehicles. This amount does not include bridge and - road tolls which are also reimbursable-.- 5.3 eimbursable.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 52 83 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 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.catravelsmart.com/ddfault.htm) 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. 5.4 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 /g/travel), the California State Association of Counties (www.csac.counties.org/default.asp?id=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. 6.0 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) 53 84 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT • shall be reimbursed for actual tel Officials and EmployeesePhone 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 7.1 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$1.00. d. All expenses are subject to verification that they comply with this policy. 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. 54 85 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT ■ 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 8.1 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 joint report may be made. 55 86 SECTION VII TRAVEL AND EXPENSE REIMBURSEMENT 1.0.0 RESPONSIBILITY AND ACCOUNTABILITY 10.1 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. AUDITS OF EXPENSE REPORTS All expenses are subject to verification that they comply with this Policy. 56 87 Section VIII 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. 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. 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. 57 88 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. 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. 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 58 89 • Appendix A • 90 • 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 422031 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 422032 (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 422033 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 422034 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 _ __-prnj_ects_-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 59 91 Appendix A Public Contract Code PCC 422034 (continued) specified in Section 22036, shall be mailed a notice inviting informal bids unless 0 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 422035.5 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 beingbid for work within the specified county.— PCC ounty.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 60 92 Appendix A Public Contract Code PCC 422037 (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 422038 (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 readvertising 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-exceedir g the amount specified in subdivision-(c) of-Section-- 22032. PCC 422040 • Any person may examine the plans, specifications, or working details, or all of these, adopted by the public agency for any project. 61 93 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 major portion of the construction work is to be performed by wards of the juvenile court assigned to those camps,ranches, or homes. PCC 422042 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 rejection 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 422043 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 rejected 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 422044 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 dither: __-_- (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. 62 94 Appendix A Public Contract Code PCC §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 reject the recommended procedures within 90 days of submission of the commission. 63 95 ITEM NUMBER: A-4 DATE: 10/24/06 iais � e Atascadero City Council Staff Report - Public Works Department Final Map 2006-0132 (Parcel Map AT 04-0571) 2445 Monterey Road (TPM 2004-0067 Amendment) (Armet) RECOMMENDATIONS: Council: 1. Accept Parcel Map 2006-0132 (Parcel Map AT 04-0571); and, 2. Reject, without prejudice to future acceptance, the offers of dedication for Public Utility Easement. DISCUSSION: Tentative Parcel Map AT 04-0571 was approved by the Planning Commission on August 1, 2006. The approved subdivision will create two parcels ranging in net acreage from 2.23 to 2.45 acres. Pursuant to California Government Code Section 66474 the approving legislative body (City Council) shall not deny a parcel map that is in substantial compliance with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff has determined that the Parcel Map is consistent with approved Tentative Parcel Map. ATTACHMENTS: Exhibit A: FMP 2006-0132 (Parcel Map AT 04-0571) 97 ITEM NUMBER: A-4 DATE: 10/24/06 Exhibit A FMP 2006-0132(Parcel Map AT 040571) 2455 Monterey Road Brian and Emily Armet it, �" �tl L6'06�YnW Yf'10 _ iWW['AfY 1PiY{ lx _, r �— T W H 1EGKaM 411 W 310.RK5 Q m Y i s NN T a •b`�$ m. wO A I fl ly ��aen 2 ayoa i +ate-- 1 x fgl� � rt 44 ti � S ,C•��t N3C1-hLY��{IDX-0^a1M�`"�i"I'ai'ii'"J' :C7�Yi1�:;. ;.�.;• r 98 ITEM NUMBER: B -1 DATE: 10/24/06 n 1918 � 1919 9 Atascadero City Council Staff Report - Public Works Department Amendments to Conditions of Approval: Traffic Improvements for the US 101/Santa Barbara interchange (Las Lomas and Dove Creek Developments) RECOMMENDATIONS: Council: 1. Approve Draft Resolution A approving amendments to Conditional Use Permit 2003-0099, Condition #78, and Tentative Tract Map 2003-0033, Condition #34, for the Dove Creek development to allow for the installation of alternative US 101/Santa Barbara Road interchange improvements; and, 2. Approve Draft Resolution B approving amendments to Specific Plan 2003- 0001, Condition #63, and Tentative Tract Map 2003-0027, Condition #49, for the Las Lomas (formerly Woodlands) development to allow for the installation of alternative US 101/Santa Barbara Road interchange improvements. DISCUSSION: Background The Dove Creek Development is owned by Centex Homes (Centex) and is located -__---_ _____- along,EI Camino Real at Santa _Road. The Las Lomas Development is owned -by RlN: Hertef anTonsHerefi) and is located on Halcon Road.-Traffic-impact res were produced separately by Omni-Means for both projects to address potential traffic issues. Omni-Means recommended signalizing the ramp at the US 101/Santa Barbara Road interchange. City staff used Omni-Means recommendations in both Centex's and Hertel's conditions of approval to mitigate future traffic impacts. The conditions of approval for Dove Creek require Centex to install the traffic signals at the 101/Santa Barbara interchange and Las Lomas' conditions require Hertel to pay the City based on a fair share percentage of signalization cost. 99 ITEM NUMBER: B - 1 DATE: 10/24/06 Centex subsequently submitted an application to Caltrans for signal installation and the application was denied. Caltrans denied the permit because of a poor traffic level of service at build out. Centex and Hertel have subsequently requested that their conditions of approval be changed to allow an alternative engineering solution. Staff's Recommended Dove Creek Condition Amendment City staff is working with both Centex and Hertel to amend their conditions of approval to allow for an alternative engineering solution for the US 101/Santa Barbara Road interchange. The amended language for Centex requires an installation of short term mitigation measures per existing studies and the design and installation of long term mitigation measures based on planning studies approved by Caltrans and the City. Hertel's conditions of approval will still require payment to the City based on fair share costs. The Dove Creek conditions of approval are proposed to be amended as follows: Santa Barbara Road/US 101 Interchange Units to occupy. Prepare a map showing the units that occupancy is requested, with the dates of occupancy, prior to the installation of the short term traffic mitigation. Detail how on-site access to the units will be obtained. Fair Share Traffic Fee shall be paid as occupancy permits are issued. Centex will provide to the City a bond in the amount of $50,000 to insure the installation of the short term traffic mitigation. The City and Centex Homes will enter into a Development Agreement for the short and long traffic mitigations measures. The above items will be completed prior to the occupancy of any units. (Allow occupancy on Units 1-69) Short term traffic mitigation. Short term traffic mitigation is providing LOS "C" or better on all legs of the interchange (including San Antonio Road) at "existing plus approved/pending projects plus project condition". Centex shall prepare a Traffic Report addressing the short term impacts to the interchange with all the homes occupied by Dove Creek, Las Lomas and Southside Villas and the commercial development at Dove Creek and recommends traffic mitigation measure. Dove Creek Developer shall install ==#hese= a#+orr easu es of - amts=-are=-occupied-or-before-=a -2-007--= -_--- rnr#rg Amy-mores_ P ety--1 Final approval of these improvements is with the City of Atascadero and Caltrans. (Allow occupancy on Units 70-100) Long term traffic mitigation. Long term traffic mitigation is providing LOS "C" or better of the interchange at current build out of the General Plan. This is detailed in the Mitigated Negative Declaration for the Dove Creek Mixed-Use Development. The Dove Creek Developer is responsible to install mitigation measures to provide this. The Dove Creek Developer shall provide an analysis of feasible long term improvements to maintain the desired level of service. Once the analysis is complete, the City will decide (with 100 ITEM NUMBER: B- 1 DATE: 10/24/06 Caltrans and Dove Creek Developers concurrence) what improvements will be needed. • This analysis may result in the application for an encroachment permit from Caltrans to install the necessary improvements or higher level planning document (PSR/PDS, PSSR, Roundabout Study report, etc.) prior to application for an encroachment permit. The Developer shall pay for the full cost of the planning, environmental, design and construction of the improvements. The City shall reimburse the Dove Creek Developer with fair share payments from the Las Lomas Development. The developer may record a reimbursement agreement against future trip generation facilities to recoup a portion of the cost of construction. The improvements are required in order to maintain the interchange's predevelopment level of service. A Memorandum of Understanding (MOU) shall be sign by the Dove Creek Developer and the City, detailing responsibilities and schedules. The following occupancy requirements will apply to the mitigation: Caltrans and City of Atascadero Planning Document approval. Prior to occupancy of the 101 st unit. No other units will be occupied until The City and Centex Homes have agreed on the mitigation measures and implementation schedule for the long term traffic mitigation. Staff's Recommended Las Lomas Condition Amendment • Las Lomas Developer shall pay it's prorate share of the short and long term Santa Barbara Road/US 101 Interchange traffic mitigation measures to the Dove Creek Developer for the planning, design and construction of the improvements per the following percentages: ➢ Santa Barbara Road/US 101 SB Ramps: Install traffic improvements fair share percentage (25.8%) ➢ Santa Barbara Road/US 101 NB Ramps: Install traffic improvements fair share percentage (27.5%) ➢ Santa Barbara Road/San Antonio Road: Install traffic improvements fair share percentage (26.2%) Environmental Determination ----- --- ------ _ The proposed request is consistent_—with Certif'rred Miiigafed Negative i3eclara�ion for _- each project. ATTACHMENTS: • Attachment 1 — Draft Resolution A Attachment 2 — Draft Resolution B 101 ITEM NUMBER: B- 1 DATE: 10/24/06 DRAFT RESOLUTION A • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT 2003-00999 CONDITION #789 AND TENTATIVE TRACT MAP 2003-0033, CONDITION #34,FOR THE DOVE CREEK DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF ALTERNATIVE US 101/SANTA BARBARA ROAD INTERCHANGE IMPROVEMENTS (Dove Creek/ Centex Homes, Inc.) WHEREAS, an application has been received from the City of Atascadero, (6905 El Camino Real, Atascadero, Ca 93422) applicant to consider a project consisting of an amendment to Conditional Use Permit 2003-0099 and Tentative Tract Map 2003-0033 to allow for the installation of alternative US 101 / Santa Barbara interchange improvements; and, WHEREAS, the site's General Plan Designation is (MU)Mixed-Use; and, WHEREAS, the site's current zoning district is CR/RMF-10/OS/PD-12; and, WHEREAS, Caltrans has reviewed and denied the original traffic mitigation solution conditioned for the US 101 /Santa Barbara interchange; and, WHEREAS, the City of Atascadero has hired a consultant to propose alternative solutions that mitigate the traffic impacts of the Dove Creek project and maintain an adequate level of service at build-out; 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 amendment was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 12, 2006 studied and considered the proposed amendments; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: 102 ITEM NUMBER: B-1 DATE: 10/24/06 • SECTION 1.Findings for Approval of the Conditional Use Permit Amendments. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The Master Plan of Development document standards or processing requirements is warranted to promote orderly and harmonious development; and 6. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 7. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and S. Benefits derived from the Master Plan of Development and PD-12 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and 9. The proposed project offers certain redeeming features to compensate for the requested zone change; and 10. All residential units and buildings, as conditioned are of exceptional design quality warranting the granting of a 15% density bonus. SECTION 2. Findings of Approval for Vesting Tentative Tract Map Amendments, the City Council finds as follows: 1. The proposed subdivision, design andim-provements as conditioned,is consistent- with the General Plan and applicable zoning requirements,including provisions of the PD-12 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District-12 Master Plan of Development(CUP 2003-0033). 3. The site is physically suitable for the type of development proposed. 103 ITEM NUMBER: B- 1 DATE: 10/24/06 4. The site is physically suitable for the density of development proposed. 40 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 3. Approval of Amendments. The City Council of the City of Atascadero does hereby approve an amendment to Conditional Use Permit 2003-0099, condition 78, and TTM 2003-0033, condition 34, to allow alternative interchange improvements consistent with: EXHIBIT A: Amended Conditions of Approval 104 ITEM NUMBER: B-1 DATE: 10/24/06 On motion by Council Member , and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney ----------------- 105 ITEM NUMBER: B- 1 DATE: 10/24/06 EXHIBIT A: Revised CUP Condition 78 and TTM 2003-0033 Condition 34 CUP 2003-0099 Condition 78 and TTM 2003-0033 Condition 34: Traffic Mitigation: A Traffic Impact Study was produced for this project by Omni-Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures: A. Santa Barbara Road/EI Camino Real: Install Traffic Signal This is required to be installed prior to the first unit occupied. The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B. Santa Barbara Road/US 101 Interchange Units to occupy.Prepare a map showing the units that occupancy is requested,with the dates of occupancy, prior to the installation of the short term traffic mitigation. Detail how on-site access to the units will be obtained.Fair Share Traffic Fee shall be paid as occupancy permits are issued. Centex will provide to the City a bond in the amount of$50,000 to insure the installation of the short term traffic mitigation. The City and Centex Homes will enter into a Development Agreement for the short and long traffic mitigations measures. The above items will be completed prior to the occupancy of any units. (Allow occupancy on Units 1-69) Short term traffic mitigation. Short term traffic mitigation is providing LOS "C" or better on all legs of the interchange (including San Antonio Road) at "existing plus approved/pending projects plus project condition". Centex shall prepare a Traffic Report addressing the short term impacts to the interchange with all the homes occupied by Dove Creek, Las Lomas and Southside Villas and the commercial development at Dove Creek and recommends traffic mitigation measure. Dove Creek Developer shall install these mitigation measures before any more units are occupied or before July 1, 2007. Final approval of these improvements is with the City of Atascadero and Caltrans. (Allow occupancy on Units 70-100) Lona term traffic mitigation. Long term traffic mitigation is providing LOS "C' or better of the interchange at current build out of the General Plan. This is detailed in the Mitigated Negative Declaration for the Dove Creek Mixed-Use Development. The Dove Creek Developer is responsible to install mitigation measures to provide this. The Dove Creek Developer shall provide an analysis of feasible long term improvements to maintain the desired level of service. Once the analysis is-complete,the City will decide(with Caltrans and Dove Creek Developers concurrence) what improvements will be needed. This analysis may result in the application for an encroachment permit from Caltrans to install the necessary improvements or higher level planning document (PSR/PDS, PSSR, Roundabout Study report, etc.) prior to application for an encroachment permit. The Developer shall pay for the full cost of the planning, environmental, design and construction of the improvements. The City shall reimburse the Dove Creek Developer with fair share payments from the Las Lomas Development. The developer may record a reimbursement agreement against future trip generation facilities to recoup a portion of the cost of construction. The improvements are -- --—- - _-__ xequned -order..--to.---..maintain-..-the---.m to:;:maintain_rthe_ nterchae`sredeveiopmerrt fevel vf-_servlee - Understanding (MOU)shall be sign by the Dove Creek Developer and the City, detailing responsibilities and schedules. The following occupancy requirements will apply to the mitigation: Caltrans and City of Atascadero Planning Document approval.Prior to occupancy of the 101 st unit. No other units will be occupied until The City and Centex Homes have agreed on the mitigation measures and implementation schedule for the long term traffic mitigation. 106 ITEM NUMBER: B- 1 DATE: 10/24/06 perGeRt#air Share"that this pFgjegt us respeRsible for the impFeyemem. There aFe te be .. stalled prier tQ MR firAt --R;t egGupies eF the first GOMMEWGial building epeRed. These #s that are no 0 C. Viejo Camino/EI Camino Real: Install Traffic Signal (33.4%) D. San Diego Way/EI Camino Real: Install Traffic Signal (31.4%) The improvements listed in C. and D.are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program.Therefore,the growth mitigation fee does not cover the improvements. The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent "fair Share" of the engineer's estimates. These funds will be placed in an account for the improvements. The developer may pay the amount incrementally with each building permit. E. Santa Barbara Road between EI Camino Real and US 101. Construct two-lane road with left tum channelization, bike lanes and pedestrian sidewalk. F. EI Camino Real between Santa Barbara Road and project north boundary. Construct two southbound and one northbound travel lanes,bike lanes in both directions, median and left turn channelization. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 107 ITEM NUMBER: B -1 DATE: 10/24/06 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AMENDMENTS TO SPECIFIC PLAN 2003-0001, CONDITION#63, AND TENTATIVE TRACT MAP 2003- 0027, CONDITION#49, FOR THE LAS LOMAS (FORMERLY WOODLANDS) DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF ALTERNATIVE US 101/SANTA BARBARA ROAD INTERCHANGE IMPROVEMENTS (Woodlands Specific Plan, Halcon Road/R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from the City of Atascadero, (6905 El Camino Real, Atascadero, Ca 93422) applicant to consider a project consisting of an amendment to Conditional Use Permit 2003-0099 and Tentative Tract Map 2003-0033 to allow for the installation of alternative US 101 / Santa Barbara interchange improvements; and, WHEREAS, the site's General Plan Designation is (SFR-X) Single-Family Residential-X, (SFR-Y) Single-Family Residential-Y, (HDR) High Density Residential, (GC) General Commercial, (OS)Open Space; and, WHEREAS, the site's current zoning district is SP-1 (Specific Plan 1); and, WHEREAS, Caltrans has reviewed and denied the original traffic mitigation solution conditioned for the US 101 / Santa Barbara interchange; and, WHEREAS, the City of Atascadero has hired a consultant to propose alternative solutions that mitigate the traffic impacts of the Dove Creek project and maintain an adequate level of service at build-out; 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 amendment was held by the City Council of the City of Atascadero at which hearing _ evidence- oral and docurnentary-,_was admitted_on be-kalf of_said_amender encs end,_ WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 12, 2006 studied and considered the proposed amendments;. and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: 108 ITEM NUMBER: B- 1 DATE: 10/24/06 SECTION 1.Findings for Approval of the Conditional Use Permit Amendments. The City Council finds as follows: 11. The proposed project or use is consistent with the General Plan; and, 12. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 Ordinance; and, 13. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 14.The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 15. The Master Plan of Development document standards or processing requirements is warranted to promote orderly and harmonious development; and 16. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 17. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 18. Benefits derived from the Master Plan of Development and PD-12 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and 19. The proposed project offers certain redeeming features to compensate for the requested zone change; and 20. All residential units and buildings, as conditioned are of exceptional design quality warranting the granting of a 15% density bonus. SECTION 2. Findings of Approval for Vesting Tentative Tract Map Amendments,the City Council finds as follows: - 9: 'The proposed subdivision; design and_improvements as conditioned, is consistent- with onsistent with the General Plan and applicable zoning requirements, including provisions of the PD-12 overlay district. 10. The proposed subdivision, as conditioned,is consistent with the proposed Planned Development Overlay District-12 Master Plan of Development (CUP 2003-0033). 11. The site is physically suitable for the type of development proposed. 109 ITEM NUMBER: B- 1 DATE: 10/24/06 12. The site is physically suitable for the density of development proposed. 13. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 14. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 15. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials,plan amenities, fencing, and landscaping) over time. 16. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 3. Approval of Amendments. The City Council of the City of Atascadero does hereby approve an amendment to Specific Plan 2003-0001, condition 63, and TTM 2003-0027, condition 49, to allow alternative interchange improvements consistent with: EXHIBIT A: Amended Conditions of Approval 110 ITEM NUMBER: B- 1 DATE: 10/24/06 . On motion by Council Member , and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA By: Tom O'Malley,Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 111 ITEM NUMBER: B- 1 DATE: 10/24/06 EXHIBIT A: Revised SP 2003-0001 Condition 63 and TTM 2003-0027 Condition 49 The following off-site traffic mitigations shall be the responsibility of the project: A. Santa Barbara Road/EI Camino Real: Install Traffic Signal/Widen Intersection This is required to be installed prior to occupancy of the first unit. The design and construction costs for the signal, widening, and any and all other improvements to this intersection and surrounding area,will be counted as credit toward the Traffic Impact Fee. B. Viejo Camino/EI Camino Real: Install Traffic Signal The City Engineer is requiring this improvement. This is a `T" intersection and the left turn movement off of Via Camino is a low volume movement. This improvement was not identified as a need improvement in the City of Atascadero Circulation Element. Applicant shall only be responsible for the project's eighteen point four percent (18.4%) fair share of the estimated cost of this work as indicated by the Traffic Study. C. Halcon Road/Via Camino:dedicated westbound right and left tum lanes This is required to be installed prior to the occupancy of the first unit.The improvement is the sole responsibility of this development. The study fGuRd- that the tell neRts aFe Fequired teF the Also Iis%ed the 4& Santa l4arb-ara Rnad.11_12 194 99 Ramps- Install Traffin Signal o sIS IQ! NIR Ramps; o 0 D. Santa Barbara Road/US 101 Interchange Las Lomas Developer shall pay it's prorate share of the short and long term Santa Barbara Road/US 101 Interchange traffic mitigation measures to the Dove Creek Developer for the planning, design and construction of the improvements per the following percentages: ➢ Santa Barbara Road/US 101 SB Ramps: Install traffic improvements fair share percentage(25.8%) ➢ Santa Barbara Road/US 101 NB Ramps: Install traffic improvements fair share percentage(27.5%) ➢ Santa Barbara Road/San Antonio Road: Install traffic improvements fair share percentage(26.2%) E. Provide 3-way stop at Halcon Road/Project Entrance F. These interchange improvements that are not identified as needed improvements in the City of ___Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth --. -- mi tigation fee does not-coverthe improvements. ----. The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent 'fair share" of the engineer's estimates. These funds will be placed in an account for the Santa Barbara Interchange and the Viejo Camino/EI Camino Real intersection. The developer may pay the amount incrementally with each building permit. 112 ITEM NUMBER: C-1 DATE: 10/24/06 40 is= 1979 Atascadero City Council Staff Report - Public Works Department US 101/SR 41 Interchange Right-of-Way Funding and Utility Relocation Issues RECOMMENDATIONS: Council: 1. Authorize Caltrans to close Marchant Ave. and Santa Ynez Ave. at State Route 41 (Morro Road); and, 2. Authorize the City Manager to enter into an agreement with Don Giessinger to allow the placement of a carwash and parking in the right-of-way of Marchant Ave.; and, 3. Authorize the Mayor to City Manager to sign a Cooperative Agreement with Caltrans for the relocation of sewer and water mains in State Route 41; and, 4. Authorize the City to accept right-of-way from Caltrans on EI Camino Real; and, 5. Authorize the Mayor to sign a Cooperative Agreement with Caltrans to pay $400,000.00 as part of the City's contribution to the project; and, 6. Receive report on Proposition J effect on the US 101/ SR 41 Interchange Project. REPORT-IN-BRIEF: The US 101/SR 41 Interchange Project is nearing completion of design and right-of-way acquisition and Caltrans will be calling for bids in the near future. This report will provide an update on Project features, funding, schedule and traffic impacts. Staff will also be requesting Council action on road closures, road right-of-ways, utility relocations and City financial project contribution. 113 ITEM NUMBER: C-1 DATE: 10/24/06 DISCUSSION: Background: Project Features The US 101/ SR 41 Interchange Project (Project) is a major reconstruction of the interchange. The project includes: • Closing the existing northbound US 101 on-ramp and moving it next to the existing north bound US 101 off-ramp. This will create "free right" from east bound SR 41 onto US 101 northbound. • Closure and landscaping of Santa Ynez and Marchant from SR 41 to the nearest cross street. This will reduce conflicting traffic movements and reduce congestion. Pedestrian and bicycle trails will be installed in the landscaped area to provide connectivity. • Six vehicle travel lanes, shoulders, bike lanes and sidewalks under the US 101 bridge. • Free right turns at all 4 corners of the EI Camino Real/SR 41 Intersection. • Landscaping on all areas and aesthetic treatments to the new structure. Construction Funding Value Analysis changes have been y g n made to the Project in order to reduce overall construction costs. The current estimated construction cost is $17.1 million for construction and $600,000 for landscaping. The landscaping will be bid near the end of the construction project. The current funding allocation is: Funding Source Amount of Funding STIP Funds through SLOCOG $15,517,000 City of Atascadero "Local Choice Funds" $423,000 through SLOCOG City of Atascadero "TEA Funds" through $500,000 SLOCOG City of Atascadero "Traffic Impact Fees" $400,000 Total $16,840,000 There is a funding shortfall of $260,000.00, but it falls within The California - — - - . - - --firansportation--vmmrssron--(-CTC)requirem�ent"or--amnorizat on-to-call-for ---- Project Schedule Right-of-Way acquisition is nearing completion. Final action is pending on the Jasmine Thai Cuisine Restaurant property and the Mobil lease on the gas station property. The Construction Documents for the Project have been completed and will be sent to Fresno and Sacramento for final approval by Caltrans Headquarters. Caltrans will be 114 ITEM NUMBER: C-1 DATE: 10/24/06 taking the project to the CTC for authorization for "Ready to List" (call for bids) in early 2007. The project could start construction in the late summer or early fall of 2007, if all goes according to Caltran's schedule. The construction duration is approximately 3 years. Construction Traffic Impacts There will be traffic impacts on local circulation during construction. Traffic impacts will be caused by: • One open travel lane in each direction under the US 1.01 Bridge during much of the construction. • US 101 north bound on-ramp closed to left hand turns across SR 41. • Intermittent El Camino Real lane closures. • Intermittent ramp closures. • US 101 lane closures and traffic handling. Construction traffic handling measures will impact local roads as motorist look for alternate routes to avoid delays and gain access to US 101. Caltrans has prepared traffic handling plans to address the impacts. These will include media notification of all closures and detours, signage for detour routes, night work and off peak hour work on phases of the Project with the greatest impact to local road and state routes. • Analysis: There are several issues that the City Council needs to address prior to the Project moving into construction. This section of the report will address these issues, item by item. Local Road Closure Project plans include the closure of Marchant Ave. and Santa Ynez Ave. at SR 41. This is necessary to remove conflicting vehicle movements in the interchange and will reduce congestion and the potential for accidents. Both closed roads will be landscaped, and a pedestrian and bicycle path will be installed. Marchant will be closed from SR 41 to Tecorida Ave. A knuckle will be installed at the intersection of Tecorida Ave. and Marchant Ave. Santa Ynez Ave. will be closed from SR.�,�4?-to-the elbow-ice-Santa--Ynez Ave: The road closures will occur at the beginning of Project construction to allow the areas to be used for construction staging and to reduce traffic handling issues. 115 ITEM NUMBER: C- 1 DATE: 10/24/06 Marchant right-of-way agreement Don A. Giessinger, the owner of Tosoro Gas Station has requested the City allow him to use a portion of the Marchant right-of-way to install a carwash and a parking lot (see attachment B). In exchange for this, Mr. Giessinger has offered to install and maintain the landscaping in Marchant Ave. Staff is in support of this agreement since this reduces the total construction cost of the Project and reduces the impact on Public Works to maintain landscaping. The agreement will be good for 10 years and is renewable. If the property is sold the new owner must enter into an agreement with the City or remove the car wash. If the landscaping is not maintained per our agreement the City has the authority to maintain it and send a bill to Mr. Giessinger. The City is requiring bonds be placed to guarantee the installation and maintenance of the landscaping. Sewer and Water Main Relocation in SR 41 The existing sewer and water mains in SR 41 are in the way of the proposed columns for the US 101 bridge. Caltrans is requiring the relocation of the sewer and water mains prior to the start of construction. They have requested that the City take the lead on the relocation of the sewer and water mains. The City will be reimbursed for all administration, design and construction costs. This work will be completed in the early summer of 2007. Construction will be conducted at night to minimize traffic related impacts. EI Camino Real right-of-way The Project will include a right-hand turn pocket for south bound traffic on EI Camino Real to access west bound SR 41. Caltrans has acquired right-of way from Mid State Bank for the construction of the turn pocket (see attachment C). The current Caltrans right-of-way on EI Camino Real ends at the Old Mobile Gas Station Property. Caltrans has requested that the City accept this right-of-way since it is adjacent to City right-of- way along EI Camino Real. Staff supports this proposal. City Project Funding The City of Atascadero and San Luis Council of Governments (SLOCOG) have been working on Project -funding- for over 10 years._ The City contributed $423,000.00 of Cock Choce-Furids" through SLOCOG to-the project severaC years ago.--Since—thaw time, construction costs have escalated to where the project was under funded. The SLOCOG Board has subsequently requested that the City provide additional monies on June 7, 2006. The SLOCOG has requested $500,000.00 of TEA Funds, earmarked for the EI Camino Real Streetscape Project, and an additional $400,000.00 in Traffic Impact Fees, for the Interchange Project on June 7, 2006. The City Council approved SLOCOG's request on June 13, 2006. A Cooperative Agreement with Caltrans is required to pay them $400,000.00. 116 ITEM NUMBER: C- 1 DATE: 10/24/06 Proposition J effect on the Project Proposition J is a County wide initiative to approve the Market Place Project near San Luis Obispo. The funding of the Prado Road Interchange is part of the project. The developer would contribute $4,000,000.00 in cash and $4,000,000.00 in property for the interchange, if the Proposition is approved. The funds are returned to the developer if the Interchange does not move forward in 10 years. The estimated total cost of the Interchange is between $30 and $40 million. There is no lead agency promoting the Interchange project and it is unclear of how it would be completed. The approval of Proposition J could put pressure on SLOCOG Board to provide additional funding for the Prado Road Interchange in the future. There are many existing interchange projects in the County looking for funding during the future SLOCOG funding cycles. The passing of Proposition J will not have an effect of the US 101/SR 41 Interchange Project, but it could effect funding of future projects in Atascadero. FISCAL IMPACT: • The closure of Marchant Ave. and Santa Ynez Ave. at State Route 41 will have no . fiscal impact. • The agreement with Don Giessinger will provide for the installation and maintenance of landscaping in Marchant Ave. This will provide a reduction in the Project costs to the public and a savings for the City in reduced future landscape maintenance costs. • Caltrans will reimburse the City for all cost and administration for the relocation of sewer and water mains in State Route 41. • Accepting the right-of-way from Caltrans on EI Camino Real has no fiscal impact. • The $400,000.00 City contribution to the project is allocated in the 2005/2007 Budget from Circulation Fees. • The passing of Proposition J will not have an effect of the US 101/SR 41 Interchange,Project, but it -could--have--effect—on---fundingof f-utur�eprojects its - - — Atascadero and the County. 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N D Z ITEM NUMBER: C-2 DATE: 10/24/06 ion i e EB+Oj Atascadero City Council Staff Report - City Attorney's Office Resolution Designating Employees for Ethics Training RECOMMENDATION: Council adopt Draft Resolution A, designating officials and employees for Ethics Training pursuant to AB 1234. DISCUSSION: r Government code section 36514.5 authorizes council members to be reimbursed for actual and necessary expenses incurred in the performance of their official duties. In 2005, the state legislature passed and the governor signed into law AB 1234, which addressed three areas of compensation for elected officials: a) salaries/stipends/per diem, b) reimbursement for expenses, and c) ethics training. As the City Council salary is set by Government code section 36516 ($300 per month for general law cities with population below 35,000), and Atascadero does not provide stipends/per diem, there is no effect on Atascadero. As for reimbursements for expenses, AB 1234 (Government code section 53232.2) requires all local agencies, which provide reimbursements to members of its legislative body, adopt a written policy identifying which expenses qualify for reimbursement and requiring the filing of expense reports. Finally, the law also requires ethics training (two hours every two years). The training must take place prior to January 1, 2007, except for officials who will be leaving office before the end of 2006. Kronick Moskovitz Tiedemann & Girard will provide the training on December 7, 2006 at City Hall for all officials and designated employees who have -=not=-preuleusjy-rece ve-dAheArai g. Government Coda sec#lora--532-34j0(2) nates-that-- local agency official includes any employee designated by the Council to receive the ethics training. The attached Resolution will require that all elected and appointed officials, as well as the City Manager and the Executive Management Team, receive the ethics training. 119 ITEM NUMBER: C-2 DATE: 10/24/06 ALTERNATIVES: Council may make any amendments desired to the new policy and submit the amendments to the City Attorney for review. The Council may add employees/positions to require the training, but this office would not recommend the deletion of any of the positions in the draft resolution. ATTACHMENTS: Draft Resolution A 120 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING OFFICIALS AND EMPLOYEES FOR ETHICS TRAINING PURSUANT TO AB 1234 WHEREAS, Government Code Section 53235 provides that each local agency official shall receive at least two hours of training in general ethics principles and ethics law relevant to his or her public service every two years; and WHEREAS, said Government Code section 53234 defines as local agency official as any member of the legislative body or any elected local agency official who receives any type of compensation,salary,or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties and any employee designated by the City Council to receive the general ethics principles and ethics law training; and WHEREAS, the City Council of City of Atascadero desires to designate the officials and employees who shall receive the general ethics principles and ethics law training mandated by Government Code section 53235 (Assembly Bill 1234). NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Atascadero as follows: 1. Designation of Officials and Employees. The City Council hereby designates that the following officials and employees shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public services every years. The first training shall be received no later than December 31, 2006, and in every even number year thereafter. a. All Council Members b.All appointments to the Planning Commission,Parks and Recreation Commission, Finance Committee and any other commissions or standing committees that are created by the City Council. c. The City Clerk and Treasurer. d. The City Manager and the Executive Management Team. 2. Training Timetable and Frequency. Each official or employee who commences service or employment with the City on or before December 31, 2006, shall the training required by AB - -no later t an one year-after the first-day of-service-or ern-loyiiient with-the City. Thereafter, -- each City official and employees shall receive the training at least once every two years. 3. Training Requirements. The training may be taken at home,in-person or on-line. The City will provide information on training available to meet the requirements of this Resolution and AB 1234. 121 City of Atascadero Resolution No. Page 2 of 2 4. Effective Date. This Resolution shall take effect immediately upon passage by the City Council. AYES: NOES: ABSENT: ADOPTED: October 72006 CITY OF ATASCADERO Tom O'Malley, Mayor Attest: Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS TO FORM: Patrick L. Enright City Attorney 122 .City of Atascadero Quarterly Commissioner Attendance Report January thru March, 2006 tt Rick Mathews - Chairperson P P P Jay Sechrist - Vice Chairperson P P A Barbie Butz P P P Sandy Jack P P P Carmelita Castaneda A P A Robert Livick, Jr. P P P Bill Au man A P P , fi. Ellen Beraud - Chairperson P A P P P P Joan O'Keefe—Vice Chairperson P P P P P A Tom Jones A P P P A A Roberta Fonzi P P P P P P Bob Kelley A P P P P P Gregory W. Slane P P P P P P Greg Porter A P A P P P P= Present A=Absent =Cancelled 123 City of Atascadero Quarterly Commissioner Attendance Report April thru June, 2006 s E ¢ to ': ' tr hi, ,,' t 'a .a '�- ���Recreatic �t���mi�s�ra� •� �' �':- ��'' �$ Y .kYP "n4 7 ������ � � ��,�`- �� � �� � %b?� �3k �� TQ,A � 2iylq£ e Rick Mathews - Chairperson P q *� Jay Sechrist—Vice Chairperson P P Barbie Butz P P Sandy Jack P P Carmelita Castaneda P P Robert Livick, Jr. P P Bill Ausman A A x � g Ellen Beraud - Chairperson P P P P A A Joan O'Keefe - Vice Chairperson P P P P P P Tom Jones P A A P P A Roberta Fonzi P P P P A P Bob Kelley P P P P P P Gregory W. Slane P P A P P P Greg Porter A P P P P I P P= Present A=Absent *= Cancelled 124 City of Atascadero Quarterly Commissioner Attendance Report July thru September, 2006 PaCs �ecraa�norn tssi�r� = Aet . giber , Rick Mathews - Chairperson P * P Jay Sechrist - Vice Chairperson P * P Barbie Butz P * P Sandy Jack P * P Carmelita Castaneda P * P Robert Livick, Jr. P * P Bill Ausman P A Ellen Beraud - Chairperson * P P P P P Joan O'Keefe -Vice Chairperson * P P P P P Tom Jones P P P A A Roberta Fonzi * P P P P P Bob Kelley * P P P P P Gregory W. Slane * P P P P A Greg Porter P P P P P P= Present A=Absent *= Cancelled 125