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] •
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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
•
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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
•
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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.
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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.
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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.
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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]
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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,
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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.
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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
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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.
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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
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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)
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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.
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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.
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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.
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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.
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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
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•
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
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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
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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
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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
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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
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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.
ATTACHMENTS:
Attachment A US 101/SR 41 Interchange Project Layout
Attachment B — Marchant Ave. Improvements
Attachment C — EI Camino Real right-of-way
117
x x x x x
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATIOR_t PROJECT LANDSCAPE ARCHITECT I CALCULATED/ LSB DATE REVISED BY
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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
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