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HomeMy WebLinkAboutAgenda Packet 11/30/1993 RRIC REVIEW► CTY PLEASE n0 NOT REMOVE FROM G JNTER AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM NOVEMBER 23, 1993 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include::A referral to staff with specific requests for information; continuance; specific direction to staff - concerning the policy ormission of the item;discontinuance of consideration,authorization - to enter into negotiations and execute agreements pertaining to the item, adoption or approval,• and, disapproval. Copies of the staff reports or other documentation relating to each item'' of business referred to on the agenda are on file in the office of the City Clerk (Room 2018) and in the . Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((805)461-5074). Notifica- tion 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 provideaccessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7. Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Nacimiento Water Purveyors Advisory Group B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - October 26, 1993 2. CITY COUNCIL MINUTES - November 9, 1993 2 3. CITY TREASURER'S REPORT - October, 1993 4. RESOLUTION NO. 133-93 - Approving the application for grant funds from the Used Oil Recycling Fund under the Used Oil Recycling Enhancement Act for the establishment of a certified used oil recycling center 5. RESOLUTION NO. 134-93 - Authorizing certain individuals to acquire Federal surplus property from the California State Agency for Surplus Property 6. RESOLUTION NO. 135-93 - Adopting a salary/classification schedule and benefits for Mid-Management/Professional employees for FY1993-94 7. RESOLUTION NO. 136-93 - Adopting a salary/classification schedule and benefits for Confidential employees for FY1993-94 8. RESOLUTION NO. 137-93 - Authorizing the City Manager'' to enter into an agreement with David M. Griffith and Associates, Ltd., to provide consulting services to prepare and file State mandate claims C. PUBLIC HEARINGS: 1. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Consideration of Draft County CHAS plan document as the policy document for future Federal funding programs within the City of Atascadero • D. REGULAR BUSINESS: 1. CONSULTANT SELECTION PROCEDURES - Consideration of proposed proce- dures for selection of professional consulting services 2. ENGINEERING PROJECT UPDATES - Las Encinas and 3-F Meadows road assessment districts; south EI Camino Real median refinement and overlay; and Laurel Road repair (verbal) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTICE: THE CITY COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PUR- POSES OF DISCUSSION REGARDING REAL PROPERTYNEGOTIATIONS, PURSUANT TO GOVT. CODE SEC. 54956.8 (APN #049-141-039/ Topley), AND DISCUSSION REGARDING PERSONNEL NEGOTIATIONS PURSUANT TO GOVT. CODE SEC. 54957.6(a). 3 Agenda Item: B-1 Meeting Date: 11/23/93 ATASCADERO CITY COUNCIL OCTOBER 26, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson Luna and Mayor Nimmo Absent: One Seat Vacant Also Present: Muriel "Micki" Korba, City Treasurer ar d Lee Raboin, City Clerk Staff Present Andy Takata, City Manager/Direct r of Community Services; Henry Engen, Community De elopment Director; Art Montandon, City Attorney; RusE Scotten, Interim Finance Director; Bud McHale, Po ice Chief; Steve Sylvester, 'City Engineer; Mark Markov rt, Chief of Waste Water Operation and Valerie Hum hrey, Engineering Division PLAQUE PRESENTATION: Mayor Nimmo presented a plaque of appreciation to former Planling Commissioner J. Donald Hanauer and thanked him for his four years of service to the community. PROCLAMATION: Mayor Nimmoreadthe proclamation for "National Hospice Month", November 1993. COUNCIL COMMENTS: •Councilwoman Borgeson provided an overview of workshops s ie attended at the CC 10/26/93 Page 1 Annual League of California Cities Conference in San Francisco and shared information obtained with members of the City Council. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, asserted that Atascadero is no longer a small town and proclaimed that changes are needed in thinking and behaving. He encouraged all to raise conscientiousness to levels higher than circumstance. Eric Greening, 7365 Valle, urged the Council to adopt resolutions committing to matching funds for two Transportation Enhancement Act (TEA) Grant project applications to be submitted to the California Transportation Commission. He indicated that he had been told by a Council of Governments (CQG) representative that further action by Atascadero would increase chances of approval. The City Council took the following action: MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to place the matter on the agenda as Regular Business Item #D-3; motion carried unanimously. (See page 10 for,,, action). Vic Smart, 8930 Palomar, voiced discontent over the recent increase in sewer assessment charges and stated that there was no notice to the public that the rates would go up as high as they did. He shared concern for those on fixed incomes and asked that the Council look at other sources of revenue besides higher taxes. Councilman Luna, in response, asked staff for a status report on the Factory Outlet Center. Andy Takata mentioned that the construction was to begin in the very near future. Councilman Luna commented that sewer rates had not been raised in over eleven years and pointed out that numerous property owners had never paid for sanitation services. He provided additional insight to the City Council decision to increase sewer rates and mentioned that staff had been directed to work with the Atascadero Mutual Water Company in an effort to devise an equitable way to determine usage. Lanny Dugar, 8300 Santa Rosa Road, asked how properties on well water are effected. Councilman Luna replied that the issues are independent. Councilwoman Borgeson commented that Community Forum is the time set aside for the public to speak and declared that citizen questions should be addressed by the staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): CC 10/26/93 Page 2 1. S.L.O. Regional Transit Authority (See Item B-11) 2. City/School Committee - Andy Takata announced that the committee would meet on Tuesday, November 2, 1993 at 1 :30 p.m. in the District Office. 3. Traffic Committee - Councilman Bewley reported on recommendations coming soon for Council approval and announced that the meeting day had changed from Wednesday to Monday. 4. County Water Advisory Board - Councilwoman Borgeson explained that the board would meet on November 3, 1993 at 1 :30 p.m. 5. Economic Round Table - Andy Takata reported that the Round Table would be making a recommendation regarding redevelopment and related that this matter is forthcoming. In addition, he introduced Russ Scotten, Interim Finance Director. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - SEPTEMBER 14, 1993 2. CITY COUNCIL MINUTES - SEPTEMBER 20, 1993 (Special, Meeting) 3. CITY COUNCIL MINUTES - SEPTEMBER 28, 1993 4. PROPOSED INITIATION OF ZONING ORDINANCE TEXT AND MAP CHANGE AFFECTING THE INDUSTRIAL PARK ZONE ON NORTH EL ''CAMINO REAL 5. GENERAL PLAN AMENDMENT CYCLE REPORT 6. AWARD OF BID FOR TRANSIT BUS 7. RESOLUTION NO. 126-93 - Authorizing the Chief of Police to apply for Federal grant funding for sworn police staffing augmentation 8. AWARD OF BID #93-09 FOR 1993 PAVEMENT STRIPING 9. AWARD CONTRACT FOR DESIGN AND DEVELOPMENT OF RECLAIMED WATER EXTRACTION WELL FIELD CC 10/26/93 Page 3 10. DONATION FROM TREE FUND 1$1,000) TO CALIFORNIA CONSERVATION CORPS FOR ASSISTING THE CITY IN COMPLETING PLANTING-RELATED is PROJECTS 11. AUTHORIZE APPOINTMENTS TO THE REGIONAL TRANSIT ADVISORY COMMITTEE Councilwoman Borgeson pulled Item #B-9. Councilman Luna pulled Item #13-10. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve Consent Calendar Items #13-1 through 8 and 11 ; motion carried unanimously by roll call vote. Re: Item #13-9 AWARD CONTRACT FOR DESIGN AND DEVELOPMENT OF RECLAIMED WATER EXTRACTION WELL FIELD Mark Markwort provided the staff report. Councilwoman Borgeson stated that she believed the Council should adopt a policy of placing any bid award of $5,000 or more under Regular Business. She noted that staff had recommended awarding the contract to the highest bidder and pointed out that the lowest bidder's quote was $5,000 less. She asked staff to define bid award policy. Art Montandon indicated that State Law requires municipalities to award public works projects to the lowest, responsible bidder. He reported that engineering services such . as this do not fall under the category of a public works project and explained that the informal bidding procedure is not held to the same statutes. The City Attorney advised that the City can deviate from the lowest bidder policy on this matter. Steve Sylvester noted that staff is currently working on a consultant selection policy and stated that the City Council would be reviewing recommendations in November. Mark Markwort outlined the reasons staff was making the recommendation it was and responded to additional questions. MOTION: By Councilman Luna, seconded by Councilman Bewley to award the contract to John Carollo Engineers for design and development of reclaimed water extraction well field; motion carried 3:1 (Borgeson). Re: Item #13-10 DONATION FROM TREE FUND ($1,000) TO CALIFORNIA CONSERVATION CORPS FOR ASSISTING THE CITY IN COMPLETING PLANTING-RELATED PROJECTS CC 10/26/93 Page 4 Councilman Luna pointed out that the Tree Fund had been established for the purpose of tree and habitat restoration. He indicated that although he saw'the nexus and was in favor of the proposed donation, he would have preferred to see'a recommendation from the Native Tree Society and suggested that staff take this course of action for future expenditures. MOTION: By Councilman Luna, seconded by CounciWoman Borgeson to approve a donation of $1 ,000 from the Tree Fund to the California Conservation Corps, specifically for the purchase of a computer; motion carried 4:0 by roll call vote. C. PUBLIC HEARINGS: 1. PROTEST HEARING REGARDING THE FORMATION OF SEINER ASSESSMENT DISTRICT NO. 7 (SANTA ROSA ROAD) Henry Engen provided brief background and the staff report. He highlighted recommendations and options for forming the proposed sewer assessment district and mentioned that a petition had been filed with the City Clerk in: opposition to the district. Council questions followed. Councilman Luna asked why two City-owned lots in the direct vicinity were not included in the district. Mr. Engen noted that the lots were zoned Recreation and were not to be sewered due to a former City Council decision. Councilwoman Borgeson requested clarification about the Cease & Desist Order issued by the Regional Water Quality Control Board (RWQCB). Valerie Humphrey outlined the sequence of events and reported that connection for properties in Cease & Desist Area "F" is dictated by the State. She added that if the lots are not connected to the sewer by the State deadline, it is likely that the State will initiate enforcement action against the City. Councilwoman Borgeson pointed out that the only difference between this proposed assessment district and the formation of District No. 4 (Seperada-Cayucos) in 1987 under the same circumstances was the Atascadero Lake. She asserted that it appeared that the driving force behind this district seemed to be the Lake and suggested that since the Lake belongs to the entire community, it may not be appropriate for the area residents to bear the total cost for the assessment district. Mayor Nimmo asked staff if there was any evidence that the RWQCB's ruling was related to the Lake. Ms. Humphrey indicated that there was notI .Councilman Luna inquired if any thought had been given to federal or state grant CC 10/26/93 • Page 5 funds. Ms. Humphrey reported that staff had researched that possibility during the formation of District No. 4, and was told no monies were available. She added that staff had not, therefore, looked into the matter this time. Councilman Luna declared that this avenue should have been explored. Responding to another question from Councilman Luna, Ms. Humphrey explained that there would be other added costs, in addition to the assessment charges, to each property owner. She reported that it would be necessary to hire a contractor to hook up to the system and noted that annual sewer service charges would appear on the tax bill. Public Comments: The following residents protested the formation of the district and spoke in opposition to the associated costs and interest rate: Jean Wiley Judy Ransom Jed Towles 8445 Santa Rosa 9420 Mountain View 8250 Santa Rosa Atascadero Atascadero Atascadero Rita Fernandez Virginia Dugar Lanny Dugar 9460 Mountain View 8330 Santa Rosa 8330 Santa Rosa Atascadero Atascadero Atascadero David Sisk Joyce Young John Wilkinson (proxv 9545 Mountain View 9420 Lakeview 8340 S. Rosa protest) Atascadero Atascadero Atascadero Doris Van Gundy 9445 Mountain View Atascadero Art Blankenship, 8300 Santa Rosa, stated that his property was five acres of pasture land and indicated that he had no intention of developing it. He objected to the proposed sewer assessment for land without a home and asked for consideration. Fred Frank, 3615 Ardilla Road, shared concern relating to water quality and asserted that the City was imposing a municipal solution to a rural sewer problem. He remarked that there are other alternatives to the classical sewer system that are much less expensive and suggested that the City has an obligation to look for them. ---End of Public Testimony--- CC 10/26/93 Page 6 Having closed the public hearing, the Mayor commented that the proposed interest rate of 10% was exhorbitant and recommended that the City Council consider reducing it. In addition, he observed that the RWQCB Order had no relationship to the Lake and indicated that the City had no other choice but to form the assessment district. Councilman Luna agreed. He noted, however, that he hated to see the Blankenship parcel included because the ambiance it creates is an asset to the Lake. He suggested that some compromise be reached to provide an incentive to maintain this land in open space. Councilwoman Borgeson submitted that the five additional City-owned lots should be included to help save the citizens approximately $50,000 and, further, that the interest rate should be reduced from 10% to 4 or 5%. Councilman Bewley indicated that he did not have any objection', to adding the five City lots and commented that rest rooms or other public buildings may be desired in the future. Steve Sylvester reported that the five lots do not currently have access to the system and pointed out that additional costs to the City would be involved to service those parcels. Councilwoman Borgeson emphasized that the City Council had already proclaimed that it would not sewer those lots. Councilman Luna asked staff if the City lots were part of the Cease & Desist Area. Henry Engen replied that they were. Consensus #1: There was concurrence to include all severs of the City-owned parcels in the assessment district. Debate followed regarding the Blankenship parcel. Henry Engen reported that the property was zoned Residential Single-Family and noted that the land could be sub- divided into two lots. He stated that the property was within tWo hundred feet of the sewer system and noted that if the parcel was excluded from the district, later sold and developed, the only cost to a future owner would be tohook-up. Council- man Luna indicated that unless there was a stipulation that the property would not be developed, the land should be included in the district. Consensus #2: The City Council agreed to include the Blankenship parcel and directed stafif to negotiate with the owner for a long-term open space agreement. Discussion ensued about the interest rate. Consensus #3: It was agreed that the interest rate would be reduced from 10% to 5%. The City Attorney advised that it may be appropriate to direct staff to come back with a revised cost analysis. In addition, he speculated that it may be necessary to adopt a resolution to reduce the interest rate to ensure success in having the County Tax Assessor's Office place the assessments on the tax rolls with a lower interest rate. CC 10/26/93 • Page 7 Councilmembers Luna and Borgeson spoke in favor of providing incentives to those property owners who meet the RWQCB's deadline for hook-up. Consensus #4: The City Council agreed to waive the $850 annexation fee for those who hook-up before the State's August 1994 deadline. MOTION: By Councilman Luna, seconded by Councilman Bewley to formally approve Consensus Items #1 through 4; motion carried unanimously by roll call vote. Staff noted that the matter would come back for further Council action November 9, 1993. The Mayor called a recess at 9:12 p.m. The meeting was reconvened at 9:40 p.m. 2. RESOLUTION NO. 125-93 - Adopting "Official Creekway Maps" for Atascadero and Graves Creeks pursuant to the Waterways Intrusion Ordinance and Land Use Element of the General Plan (Cont'd from 10/12/93) Henry Engen provided the staff report and recommendation. He pointed out that, if adopted, the Official Creekway Maps would supplant the waterway intrusion ordinance and clarify the riparian corridor. Councilman Bewley asked who had provided the mapping. Mr. Engen reported that the field work was done by Roger Zachary of Atascadero High School and added that Volbrecht Surveys had prepared the digital maps based on Mr. Zachary's surveys. Councilwoman Borgeson indicated that she was not in favor of "blanket protection". Henry Engen reported that the purpose of the maps is to provide for site-specific evaluations so that staff, the Planning Commission and City Council can identify the kinds of project that may impact the creek and look at mitigation measures where appropriate. Mr. Engen added that the maps are available to the public. Councilwoman Borgeson suggested that the following language be added to the last paragraph of the proposed resolution: "and shall be used as a guide and verified by site check". Public Comments: Doug Lewis, Tunitas Avenue resident, asserted that the creeks are being treated too casually. He shared concern for vegetation sustained by the creeks and emphasized that protection should be provided for more than just the waterway. He added that he hoped the maps would be used and not discarded someday. CC 10/26/93 Page 8 0 Tom Bench, 7503 Carmelita, reported that weeds on his property ( s identified by the Fire Department) and a garden that he planted himself had been identified as riparian vegetation on the maps. He argued this point and asserted that the adoption of the maps was another attempt for the implementation of creek setbalcks. Roger Zachary, 1800 Traffic Way, provided background related to'?the field survey he had conducted of the creeks and pointed out that they had been produced to become a guide for site-specific evaluations. He explained that over the years some habitat is lost and contended that it was not only important to save the riparian community directly adjacent to the water but also the one next to it. Mr. Zachary described the maps as an asset to the community and urged the Council to adopt them. ---End of Public Testimony--- Andy Takata acknowledged the fact that Mr. Zachary had volunteered many hours to the community in this effort and noted that he was to be commended for his service. Brief discussion and clarification ensued regarding Councilwoman Borgeson's proposed amendment to the resolution. Council agreed to add the following language to the last sentence of the last paragraph of Resolution No. 125.93: "and shall be used as a guide and verified by site check". MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adopt Resolution No. 125-93 adopting "Official Creekway Maps" for Atascadero and Graves Creek, as amended;'',motion carried 4:0 by roll call vote. D. REGULAR BUSINESS: 1. LAUREL AVENUE LANDSLIDE - EMERGENCY REPAIRS RECOMMENDATION Steve Sylvester provided the staff report and recommendation to implement emergency repairs to Laurel Avenue due to serious slide damage. Responding to Council inquiry, the City Engineer acknowledged that although there were flood- related repairs necessary on EI Monte, Enchanto and San Marcos, they were not considered emergency in nature and explained that temporary measures were being applied. MOTION: By Councilman Bewley, seconded by Councilman Luna to authorize staff to implement emergency repairs to the Laurel Avenue slide and waive formal bidding procedures due to the emergency situation. CC 10/26/93 • Page 9 2. APPOINTMENT OF HIGHWAY 4:1 REALIGNMENT COMMUNITY ADVISORY COMMITTEE TO CALTRANS (Cont'd from 10/12/93) Andy Takata reported that each councilmember had submitted two names each and named the individuals, as follow: Dennis Schnidt, Richard Summers, David Duncan, Geraldine Brasher, Dr. Tim O'Keefe, John Warren, Eric Hagen and Jerry Clay. He also noted that the individuals were listed in the staff report. The City Manager announced that Henry Engen would serve on the committee as the City's representative. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to accept the names presented and directed staff to submit them to Caltrans; motion carried unanimously. 3. EMERGENCY ACTION ON TEA GRANT APPLICATIONS (Note this item added as an emergency item, see page 2) The Mayor proposed that Section 2 of Resolution No. 101-93, previously adopted be revised to read, as follows: "Will provide $124,250 in non-Federal funds for this project." MOTION: By Councilman Luna, seconded by Councilman Bewley to amend Resolution No. 10 1-93 as proposed; motion carried 4:0 by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilwoman Borgeson reported that she had received numerous complaints regarding Falcon Cable. 2. City Attorney Art Montandon reported that significant changes in the Brown Act would become effective April 1 , 1994. 3. City Treasurer Micki Korba announced that there would be a Treasurer's Report next month thanks to the help of the City's Interim Finance Director, Mr. Russ Scotten. She assured the Council that the report would be accurate, current and in sufficient detail so that the Council and public can have a complete and true picture of the City's finances. CC 10/26/93 Page 10 . . 5. City Manager The City Manager reminded the Council to adjourn to tho Joint Board of Supervisors/City Councils meeting scheduled for Friday, November 5, 1993. Councilman Bewley reported that he would not be able to attend''', The meeting was adjourned at 10:16 p.m. The City Council will meet next on Friday, November 5, 1993 in San Luis Obispo for the Joint Board of Supervisors/City Councils meeting. MINUTES REC0,R7 AND PREPARED BY: i EE RABOI , Cit Clerk • CC 10/26/93 Page 11 genda tem; 1-2 Meeting Date: 1"1!23/93 Minutes of the November 9, 1993Mee# to be distributed Friday, November 19, 1`993 F Agenda Item: B-2 Meeting Date: 11/23/93 ATASCADERO CITY COUNCIL NOVEMBER 9, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilpersor Borgeson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, L.una and Mayor Nimmo Absent: One Seat Vacant Also Present Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Andy Takata City Mana er/Director of Community Services; Henry Engen, Community Development Director; Art Montandon; -City Attorney; Russ Scotten, Interim Finance Director; Lt. Bill Watton, Police Department and Mark Markwort, Chief of Waste Water C perations COUNCIL,COMMENTS: Councilwoman Borgeson announced the formation of The Optimist Club and reported that the organization will have it's first event on Friday, November 12 to honor five area youth who have contributed at least 1 ,000 hours of`community service. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, presented the third in a series of testimony relating to heightened awareness of problems and their solutions. lie mentioned that he would disclose, on another evening, three keys to creating a new dimension for living: CC 11/09/93 Page 1 - Tom Austin, 7105 Santa Ysabel, criticized Falcon Cable TV for it's implementation of the Cablp TV Act of 1992. He shared distress over the recent rate increases and pointed out that the largest increase has been put upon the customers who can least afford it. In addition, he revealed that the local cable company does not provide a true public access channel, although they are supposed to. Mr. Austin voiced exasperation with the complaint form he was sent by the Federal Communications Commission (FCC) and observed that there seems to be some confusion about exactly who controls the rates: the FCC or the City. He urged the City Council to foster effective' competition,;establish a cable advisory committee, monitor their operations, conduct a customer service survey, and setup a telephone Line so that the public can provide' input. Councilman Luna asked the City Attorney what options the City Council had. Mr. Montandon explained that the cable industry made more channels part of the basic package because they were allowed to charge, on a bench-mark chart, a per-channel rate. This resulted in, he stated, a situation where the more channels a customer receives, the more he pays. The City Attorney reported that complaints have been received all across the country about the rate inequity and the FCC has begun to look at different ways to vest authority in local government to regulate the basic rates. He. cautioned that the rule-making process of the federal government takes many months` and reported that the City would have to wait to see what authority it will actually have: Councilman Luna asked how the new law will affect the City's present agreement with Falcon Cable TV. Mr. Montandon,advised that the contract with Falcon is not exclusive, but pointed out that it is not-likely that another cable company is going to make the investment, come to the area and compete with Falcon. He suggested that, as part of the re-franchising procedure, the City develop a log of complaints. The City Attorney counseled that if it is determined that Falcon is not providing reasonable service, the City will not be required to renew the contract. Councilman Luna _ suggested that staff create a complaint form and look into the matter of public access channel compliance. Eric Greening, 7365 Valle, announced that Tuesday, November 16,' 1993 the Paso Robles City Council will be looking at the issue of establishing a North County Amtrak station. He encouraged interest and participation in this regional issue. Eileen Cunningham, Member Friends of the Library Board of Directors, invited all to the a benefit auction on Sunday, November 21, 1993 at 2:00 p.m. at the Pavilion. She also commented that donations were still being accepted. CC 11109/93 Page 2 Lanny Dugar, 8330 Santa Rosa Road, thanked City staff for courteous responses to his inquiries regarding the pending formation of the Santa Rosa sewer assessment district. He suggested that, in the future, the public be given opportunities to provide more input. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments/Regional Transit Authority - Mayor Nimmo reported on the meeting of Wednesday, November 3, 1993. He noted that COG had re-validated the Regional Transportation Improvement Plan and Transportation Enhancement Act grants. Additionally, he explained that a recommendation for .the internal re- organization of COG failed 7:5 following a super-vote. Mayor Nimmo announced that the proposed Joint Powers Agreement for the solid waste management plan would soon come before local jurisdictions and asked the Council to considerably carefully the power pf the super-vote. 2. City/School Committee - Councilwoman Borgeson provided a report on. the meeting of November 2, 1993. Discussion iterns included City- imposed fines for false alarms at schools, a joint effort for acquiring a community gymnasium and a complaint regarding building materials storage at the high school. .In addition, Ms. Borgeson announced that ithe committee had approved a recommendation for adding a member of the Parks & Recreation Commission to the City/School Committee. 3. County Water Advisory Board - Councilwoman Borgeson reported that at'the meeting of November 3, 1993, the Board received a presentation on the Morro Bay Water Management Plan and a status report on the Nacimiento Water Feasibility Study. 4. Economic Round Table - Henry Engen announced the next meeting date would be November 17, 1993 at 7:30 p.m. in the Club Room. 5. Liability Claims Review & Finance Committee - Councilman Luna commented that the committee would meet the following afternoon, November 10th, at 4:00 p.m. 6. Nacimiento Water Purveyors Advisory Group - Councilman Luna explained that group members were presently reviewing a draft report from Boyle Engineering. He indicated that there would be a formal presentation on November 18, 1993 and provided an overview of some CC 11/09/93 Page 3 of the report highlights. In addition, Councilman Luna asked staff to stay informed about the possibility that final project components may be exempt from local permits. B. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - October 12, 1993 2. CITY TREASURER'S REPORT - September, 1993 3. RESOLUTION NO. 127-93 - Designating stop intersection on Navidad at San Jacinto 4. RESOLUTION NO. 128-93 - Designating stop intersection on Avenal at Santa Rosa 5. RESOLUTION NO. 129-93 - Designating stop intersection on EI Parque at Santa Rosa 6. RESOLUTION NO. 130-93 - Designating one 20-minute parking space in the 5900 block of EI Camino Real 7. RESOLUTION NO. 131-93 - Establishing a 25 mph speed zone in the Perkins Mobilehome Subdivision 8. RESOLUTION NO. 44-93 - Designating loading zones at the Atascadero Lake Park Pavilion 9. RESOLUTION NO. 106-93 - Designating a no parking zone on EI Camino Real in front of the Post Office 10. PROPOSED INITIATION OF ZONING TEXT AMENDMENT relative to the CT (PD10) zone located at the intersection of Marchant Ave. and Alcantara (Newdoll/Hagen) Councilman Luna pulled Item #B-2. MOTION: By Councilman Bewley, seconded by Councilwoman Borgeson to approve the Consent Calendar, Items #B-1 , 3 - 10; motion carried 4:0 by roll call vote. CC 11/09/93 Page 4 i i a Re: Item #13-2 CITY TREASURER'S REPORT - September, 1993 Councilman Luna commented that he liked the new format of the Treasurer's Report. He asked for clarification of total interest earnings received from th&Tax and Revenue Anticipation Notes (TRANS) and shared concern that footnote #2 of the report gave the impression that the City was $800,000 short. Interim Finance Director Russ Scotten reported that the City had earned $107,000 in interest on both notes at the end of September. He mentioned that additional interest had accrued since that time. The City Treasurer noted that one TRANS was due on November 18, 1993 and projected that the City would earn $69,855.06 on the other note by the time it is called in next July. Mr. Scotten, addressing the second of Councilman Luna's concern:'s, noted that the City would be receiving property tax revenues after the first of the year which would produce a better financial picture. Councilman Luna also observed that although the Waste Water Bund-Pooled Cash account shows a surplus of funds, nearly three-million dollars of capital improvements. projects have been approved and will soon be underway. MOTION: By Councilman Luna, seconded by Councilman Bewley to approve the Treasurer's Report for September 1993; motion carried unanimously. C. PUBLIC HEARINGS: None scheduled- - D. REGULAR BUSINESS: 1. RESOLUTION NO. 132-93 - Approving the formation of Assessment District No. 7 (Santa Rosa Road, Cease and Desist Area 7") Mayor Nimmo reported that the City Manager had, by memo, requested that the matter be put over to provide staff with sufficient time to draft an enabling ordinance and look into issues of concern raised by members of the public. '! Councilwoman Borgeson requested that staff bring back the following information when the item is re-scheduled: A complete history of events, Council and staff actions, information on the 1991 Waste Water budget revision, the engineer's report identifying Area F as having failing septic systems and information on how a four- million dollar grant was secured and where the money from those grant funds was spent. CC 11/09/93 Page 5 Councilman Luna added that a complete consolidated history of the City's various assessment districts would also be helpful. By mutual consensus, the matter was put over and staff was directed to develop the necessary background information and enabling ordinance. No date was set. 2. ATASCADERO CREEKWAY RESERVATION - Consideration of Atascadero Mutual Water Co. proposal to exchange a portion of Atascadero Creekway Reservation for City-owned lot on Sycamore and the Planning Commission's General Plan Conformity Report Henry Engen provided the staff report and recommendation to agree to accept the Creekway Reservation Land but retain City ownership of the Sycamore lot. He noted that it would be appropriate to offer to the Water Company an access easement to the Salinas River and explained that the matter would have to go back to the Water Company's Board of Directors for their consideration. Responding to Council inquiry, Mr. Engen reported that, even with the proposed easement, the lot would still be a build-able one. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to agree to accept the Creekway Reservation land but retain City ownership of the Sycamore lot and instructed staff to offer the Atascadero Mutual Water Company an access easement_to the Salinas River; motion carried unanimously. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Attorney Art Montandon requested the addition of a Closed Session regarding labor negotiations and stated that it would require a unanimous vote of the Council to place the matter on the agenda. (see below for motion). 2. City Manager Andy Takata provided an overview of agenda items for the November 23, 1993 meeting. In addition, he announced that the City Council would meet on November 30, 1993 for a study session relating to the adoption of the Fiscal Element. Mr. Takata also reported that staff was familiarizing themselves with the many changes in the Brown Act and would pass on information to the Council as it is received. CC 11/09/93 Page 6 i MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to adjourn to Closed Session for the purpose of discussions relating to labor negotiations; motion carried unanimously. OPEN SESSION WAS ADJOURNED TO CLOSED SESSION AT 7:57 P.M. THE NEXT MEETING OF THEA TASCADERO CITY COUNCIL WILL BE TUESDAY", NOVEMBER 23, 1993 AT 7:00 P.M. MINUTES RECORDE AND PREPARED BY: L ABOIN, eity Clerk CC 11/09/93 Page 7 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda [tem: s-3 From: Micki Korbe, City Treasurer i. Meeting Coati: 11 23133 SUMCT Treasurer s Report October 1993 RECC3I�U�ENflAT1ON 'II Council review and approve. i �CtCf3ROUNCf• The attached Treasurer's Report brings the Treasurer's Reports to current status. In answer to a previous question, the two TRANS processed 4rou ht into the City`s , funds approximately $200,000 in additional interest; Howeiler, TRANS.#1 in,the amount of $2,079,777.77 has now been repayed. The Novambe report wig show this amount delated from the, funds. I _ Graphs of revenue proceeds will be available at a later date, co rtesy of Antirew Takata (he loves to do graphs!). MK:bw 0400,1- CITY +CSF ATASCA#DZRO TREASURER 1 6 REPORT FOR THE MWTll OF, OCTORSR, 1993 FISC, -C R CTr 'T,- AC 38G N. TREASURER'S $327,2454 $9,212i'060.; $6591+647. $1flj 21 4-;i ,SCE ' RECEIPTS 565,740 744. DISBURSEMENTS <966'5' 46 _.p.. -0- <116C;'15", �► `fie S R 250 r OOO c250,000.> TIUMPERS OUT * OTHER (RETURNED LL BA CE: $179,492. ; ,962:r # $69,5 . $ r53 3t _. TRANSIT: ADJUSTMENTS AS CITY Off` Afi' i5 E�ZU MQRT9L C'. RO City Treasurer �.treasrpt #40 - 9 4 ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS RESERVED UNRESERVED NDS CASH ( 1) CASH (2) General Fund Pooled Cash $ $1, 126,';818. (3 ) Gas Tax Fund Pooled Cash 15,;527 . Development Fee Pooled Cash -q- A.D. #4 - Reserve Pooled Cash 50,534. Zoo Enterprise Pooled Cash -40,354. Payroll Trust Pooled Cash -89,480. TRAN Repayment Pooled Cash 2, 109,272. (4 ) 92 CDBG-NCWS Pooled Cash 1 4. Dial-A-Ride Pooled Cash -115,719. WasteWater Fund Pooled Cash 2,627,353. Lake Park Pavil. Pooled Cash -19,544. Aquatics Pooled Cash -19,;374 . Recreation Pooled Cash -17,,527. Tree Plant Fund Pooled Cash 30,;358. Tree Assn Fund Pooled Cash 802. Sidewalk Trust Pooled Cash 42,973. Police Training Pooled Cash -1,;238. Weed Abatement Pooled Cash -6,'.486 . A.D. #3Redemptn. Pooled Cash 10,751. A.D. #4 Redemptn. Pooled Cash 11,504. A.D. #5 Redemptn. Pooled Cash 14,223. Camino Real Redm Pooled Cash -2, 056. 92 Street A.D. Redemptn Pooled Cash -1,706. V9 COP Debt Svc Pooled Cash -24,341. pital Project Pooled Cash -83,262. 89 COP Const. Pooled Cash -11,,521. Pol.Dev. Fees Pooled Cash -112,;,„016. Fire Dev. Fees Pooled Cash 210,,432. P&R Dev. Fees Pooled Cash -212,626 . Drain. Dev. Fees Pooled Cash 360,,806 . Amapoa-Tec. Fee Pooled Cash 192,1820. Public Works Pooled Cash 335,761. St. Main. Dist. Pooled Cash 41,224. TDA Non-Transit Pooled Cash 233,,;632. Camino Real Const. Pooled Cash 1,454,128. Las Encinas Cnst. Pooled Cash 539,507. 3F Meadows Const. Pooled Cash 320,1301. TOTAL ALL FUNDS $2, 168, 181. $6, 803,:299. CASH WITH FISCAL AGENT Camino Real Resr Cash $ 201, 000. 92 St. A.D. Resv Cash 45, 170. Wastewater Fund Cash 73, 866. Camino Real Redm Cash 168, 000. 92 St. A.D. Redm. Cash 3, 420. 89 COP Debt Svc . Cash 198, 191. �TAL WITH FISCAL AGENT $ 689, 647 . TOTAL RESTRICTED AND UNRESTRICTED CASH $9, 661, 127 . 000003 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 9/30/93 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (5) Orange County Investment Pool/TRAN $2, 109,272. $29,494. Orange County Investment Pool 6, 846,742. 77,529. Local Agency Investment Fund 6,046. 1,771. TOTAL TIME DEPOSITS $8,962, 060. $108,794. Mid-State Interest Received 1,612. TOTAL INTEREST RECEIVED $110,406. (6 ) Notes: ( 1) Reserved Fund cash is specified for City debt service. (2 ) Unreserved Fund cash can be used for normal operations of the City. ( 3) The City must repay the $2, 000,000. (plus interest) TRAN (Tax and Anticipation Note) , which is due in July, 1994 from this Fund. (4 ) The City must repay $2, 079,778. due on this TRAM in November, 1993 from this fund. This fund has earned $70,453. in interest through . October 31, 1993. (5) October interest yields are as follows: Orange County 7 .74% LAIF 4 .430 Mid-State 2. 09% (6 ) This is actual amount deposited to City accounts through October 31, 1993, and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. 0000011 REPORT TO CITY COUNCILNte�#ing Date: 11/23f93 CITY OF ATASCAUERO Agenda tem: B-4 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director , From: Kelly Heffernon, Administrative Analyst SUBJECT; A resolution approving an application for grant funs to establish a permanent certified used oil recycling center at the Wil Mar.service yard. REC# MMENUATION That Council adopt Resolution No. 13.3 93 approving an application for grant funds under the California used tail Recycling Enhancement Act (see Attach nent A).. RACKQE1<'}UNQ: During this past year, the City collected over 1,100 gallons cif used motor oil at its two Special Recycling Events. Such response conveys a need to establish a more permanent collection program. The proposed facility at the ii-m r Disposal service yard would allow the public to drop off used motor crit on a consistent basis. Under the California Used Oil Recycling Block Grant r y g c G a t p ogram, any local government is eligible to receive funding. Awards are based on the population f larmula of 31.+694 cents per resident. With a population of approximately 24,106, A ascadero quilifies for a maximum award of $1,638. The City is requesting the maximum amount. The grant, if approved by the State, will provide $7,638 for the purchase of an oil recycling container, hauling costs for the program year 1994, and articl funding for public education and promotion: Wil-Mar will devote one part-time employee to oversee the program and pay for miscellaneous promotional costs'n at funded through the grant. Council should note that the City is not liable for any oil spillage duri g transportation. The hauler will be insured against any hazardous waste spills. FISCAL IMPACT: No City funds will be used for this project. Encl Resolution No, 133-93 ATTAU ' T A RESOLUTION NO. 13.3--93 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR BRANT FUNDS FROM THE . USED dill. RECYCLIN i_UNIT' NDER T14E'USED OIL RECYCLING EN14ANCE IENT'ACT for the following;project: ESTABLISHMENT CE A CERTIFIED USED OIL RECYCLING CENTER'. WHEREAS, the people of the State of California have enacted the Caulbrna Cil- Recyclig Enhancement.Act that provides funds to cities and counties for estabf l and maintaining, local used oil collection programs that encourage recyolin �€ appropriate disposal of used oil, and WHEREAS, the California Integrated Wasteanagem+ent Board, t rdf beery delegated the responsibility for the administration" of the program Dirt tbe state, setting up necessary procedures governing application by cities and ' nti under..the program; and WHEREAS, said procedures:. esta#�lishecl. icy,:the California Integrated 'Waste, Management Beard require the applicant to certify by resolution the ra. , o4 of application before submission of said a plicatign to the sta e• and WHEREAS, the applic nt will enter into an agreement v0th the",State o� Califorhia far development of the project, NOW, THEREFORE, BE IT RESOLVED,that the City Council of Atasea ero HEREBY, 1. Approves the filing of an application for the California Used Oil Recy0ing Rloe .° Grant Program under the California Oil,Recycling Enhancement Act.for.state grant assistance for the project .specified above; and 2._ Certifies that said applicant has or will have sufficient funds to orate and maintain`the project; and 3. Appoints the City Manager as agent of the City of Atascadero to conduct alf negotiations, execute and submit all documents including, but not li , d, to applications, agreements, payment requests and so on,:which may be necessary for the completion of the aforementioned project. i Resolution No. 133-93 Page 2 On motion by , seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk Robert P. Nimmo, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney REPORT TO CITY COUNCIL Meeting Date: 91123/93 CITY OF ATASCRDERO Agenda Item ; #B- Through: Andy Takata, City Manager From: Lee Raboin, City Clerk r " SUBJ_ ECT: Revising the list of names authorized to purchase federal st rplus property for and in behalf of the City of Atascadero. REQOMII ENDATION: Adopt Resolution No. 134-93 authorizing certain individuals to acquire federal surplus property from the California State Agency for Surplus Property. §ACKGROUN©: The City belongs to the Federal Surplus Property Program. ho State requires that we formally notify them of any changes relating to who can purchase surplus property for the City. Resolution No. 134-93 meets this requirement and provide continued opportunity for the City to participate in the Program. UUf?ilff RESOLUTION NO. 134-93 RESOLUTION OF THE CITY 'COUNCIL CIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING CERTAIN I#1tDtVIDU TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY WHEREAS, the City of Atascadero is a public agency and Inas been- to the F #eral.Surplus Property Program and, WHEREAS, the City Councilof the City Atascadero did, by the adopti n,of Resolution No 2-90, renew the City's eligibility in the Program and authorized `n. employees to purchase federal surplus property from the California State Aqqncylar Surplus Property; and WHEREAS, it is necessary to am nd Resolution No. by revising :I t tri` authorized representatives previously approved. l`IOW, THEREFORE BE 4TRESOLVED,; by the City Council' of � + Atescadero as follows, SECTION 1 The employees listed below shall be and are heroby auth ti +ed es the City of Atascadero's'representatives to acquire federal surplus property froom California State Agency for Surplus Property,.under the Terms and Conditiambs in Exhibit A1% � A4ATA, Cityea *r HAEL P� cCAPI, Fire AP RS l ' RICHARD H. McHAI_E, Polite,Chief SECTION 2. The State Agency for Surplus Property is hereby reg ted to.." .F delete the fol dwincg persons previously authorized:` Ray Windsor, Mark J,6 grad Cathy Saret. SECTION, 3. The City L#erl€ i hereby ordered to provide the Mate sy.for .: Surplus Property a certified-copy of this resolution upon adoption. 00011 M y Resolution No. 134-93 • Page Two On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADEIRO By: _ LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney RESOLUTION NO. 134-93 EXHIBIT "A" TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency;ora nonprofit institution or organization,exempt from taxation under Section 501 of the Internal Revenue Code of 1934;within the meaning of Section 2036)of the Federal Property and Administrative Services Act of 1949,as amended,and the regulations of the Administrator of General Services. r promoting for the residents of a given poli (2) If a public agency,the property is needed and will be used by the recipient for carrying out odu alone or more io e public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,including research for such purpose,or for programs for older individuals.The property is not being acquired foe any other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency. (3) Funds are available to pay all coats and charges incident to donation. ion of surplus personal properly issued underTitk VI of the Civil (4) This transaction shall be subject to the nondiscrimination regulations governing the donat Rights Act of 1964,Title V1,Section 606,of the Federal Property and Administrative Services Act of 1949,as amended.Section 304 of the Rehabilitation Act of 1973,as amended,Title IX of the Education Amendments-,),f 1972,as amended,and Section 303 of the Age Discrimination Act of 1973. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s)for which acquired within one year of receipt and shall be continued in use for such purpose($) for one year from the date the property was placed in use.In the event the property is not so placed in use,or continued in use,the donee shall immediately notify the state agency and,at the donees expense,return such property to the state agency,or otherwise make the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration(GSA)on any item(s)of property listed hereon. (3) In the event the property is not so used or handled as required by(BX 1)and(2),title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. OSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A ACQ NIT TUISITONCOSTOF 5,000 ORMOREOWING CONDITIONS IMANDP SSENGERMOTOPRVEHICLES REGARDLESS OF ACQUISITION COST, XCEprVESStELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purposes)for which acquired and for no other purposes) d of restriction which will expire after such property has been used for the purposes)for which acquired for a period of 19 months (2) There shall be a period placed in use,except for such items of major equipment,listed hereon,on which the state agency designates a further peril from the date the property ^r restriction. (3) In the event the property is not so used as required by(CX 1)and(2)and federal restrictions(BK 1)and(2)have expired then title and right to the posse of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS: Y above remain in effect,she (1) From the date it receives the property fisted hereon and through the period(:)of time the conditions imposed b (B)and(C) donshall not sell,trade,lease,lend,bail,cannibalize,encumber,or otherwise dispose of such property,or remove it permanently,for use outside the state, ee without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale,trade,lease,loan,bailment;encumbrance,or other disposal of the property,when such action is authorized by GSA or by the state agency,shall be remitted promptly by thedonee to GSA orthe state agency.as the use may be. (2) In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,. i theut the disposed of by the donee from the date it receives the property through the periods)of time the conditions imposed by(B)and(C)remain in effect,without the prior approval of GSA or the state agency,the donee,atthe option of GSA or the state agency,shall pay to GSA or the state agency,as the case may be.the proceeds of the disposal or the lair market value or the fair rental value of the property at the time of such disposal.as determined by GSA or the state agency. (3) If at any time,from the date it receives the property through the period(s)of time the conditions impose)by(B)and(C)remain in effect,any of the property listed her con is no longer suitable,usable,or further needed by the donee for the purpose(s)for which acquired,the donee shall promptly notify the state agency, and shall,as directed by the state agency,return the property to the state agency.release the property to another donee or another state agency ora department or agency of the United States.sell,or otherwise dispose of the property.The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use,condition,and location of the property listed hereon,and on other pertinent matters as may be required from time to time by the state agency. (3) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an'as is,"-where is'basis,without warranty of any kind. other hazards and where lossor damage to donated property with (2) Where a donee carries insurance against damages to or loof property due to fire or he u unex pired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from the donee out of the insurance proceeds. of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(50 FEET OR MORE IN LENGTH)HAV' AN ACQUISITION COST OF 55,000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed authorized donee n:presentative. ()41f)(�� REPORT TO CITY COUNCIL_' CITY OF ATASCADERO Agenda eftB- 6 Through: Andy Takata,City Manager( �f Meeting .*11933 From: Alicia Lara, Personnel Coordinate SUWECT:.Salary Adjustments for Aid-Management/Professional Bargainer Unit- Fiat bear 93-94 R!ggQMMENQATION: Adopt Resolution No.' 135-93 adjusting salaries for the t d- Management/Professionai Unit. DISCUSSIOWANA1 YSI : to recognition of the current status of the budget,l�bargaining grit requested a salary increase based on the Consumer Price Index(GPI). That c4d not request arty " additional benefits. TheLosAngeles/Anaheim/Riverside All Urban Consunurs CPl fror6 May to May 1993 is 2.60/c, Thea are no other changes to their agreement that affect current staff,however,empbyees hired after July 1, 1993, will not receive a medical payback for dependent Covera e. FISCAL. IMPACT: The Mary increase represents $24,708 for the fiscal yea'. Attachments: Resolution 135-93 Salary Schedule (Exhibit A) oo o 11, ' RESOLUTION 135-93, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SALARYICLASSIFICATION SCHEDULE AND BENEFITS FOR MID-MANAOEMENTIPROFESSIONAL EMPLOYEES BE IT RESOLD by the City Council of the City of Atascadero as Wows: SECTION i. SALARIES 1.1 Basesalaries in effect on 30 Jurte 1'993 shallbe Increased 2.6% ctive 1 Jay ShoM on the attached salary schedule (Exhibit A) SECTION Z HEALTH 1 EMEFM 2.1 The City shall pay all medrA dental and vision benefit premiums for the e dependents for the tear[ of this agreement. 2.2 Tlmse ploywhose benofit.date is prior to July 1, 1813, without.depeffdbr,ft,e ch a not to Gnr0# their 40pendents in ft City plan, will receive the ambWt dependent premium as aha 'cin to their regular.pay, SECTION 3. ADMINlSTRATIYE LEAVE Each employee will r -eight {48)-fours of Administrative Leave as of July 1 annually. Except as provided below,, Administrative Leave wig ridt.l e over,or accrue from one#9ml yew to the next. 3.2 It an employee is unable to tvw hWher Administrative Leave pry to the end of year for,work related reasons beyond his/her control (as verl ed by the ' Head), said leave will be dried over Into the r d fiscal year,for a petW n to' three months. Said tim*Kbe available to the employee for use during, but'willnot be accrued for the'putof payoff in the event of termination. 3.3 1 In:the event an employee covered by this Agreement is employee! after Jane 1' the fiscal year, the employee shall be eligible fortwenty-four (24) hours of Adrt i . Leave. SECTION 4. RETIREMENT 4.1 The City shalt continue W,pay 'the employee contribution to the Public io" Retirement System (PERS); for the term of this agreement SECTION S. UPK INSURANCE SA The City shall maintain a term If insurance poPicy on each employee in the Fifty-Thousand Dollars {$60,000} and the City shall pay the-full premium amotat for; u� coverage. Resolution No. 135-93 Page 2 of 3 1101 5.2 The City shall maintain a term life insurance policy for each eligible dependent enrolled in health coverage, in the amount of One Thousand Dollars ($1,000) per,dependent and the City shall pay the full premium amount for such coverage. SECTION 6. SICK LEAVE ACCRUAL 6.1 There will be no maximum limit on the amount of sick leave an emploYee may accumulate. SECTION 7. SICK LEAVE INCENTIVE 7.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur the next 12-month period (December 1 - November 30) after an employee has accumulated and maintained the 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Bank, it shajll not count against the 48 day accumulation for eligibility to receive the incentive?pay-off. 7.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days.) 7.3 The time period for determining annual usage will be December 1 to November 30. Checks will be prepared by December 15. SECTION 8. SICK LEAVE PAY-BACK 8.1 When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 9. OVERTIME FOR SWORN PUBLIC SAFETY PERSONNEL 9.1 Sworn personnel will be eligible for overtime on an emergency basis only, upon approval of their department head. They must be acting in the capacity of either fire captain or police sergeant while on the shift. SECTION 10. HOLIDAY 10.1 The Birthday (Floating) Holiday (8 hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year, to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 10.2 Martin Luther King's Birthday shall be observed as a holiday. Resolution No. 135-93 Page 3 of 3 SECTION 11. TUITION REIMBURSEMENT 11.1 The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, provided, the coursework is job-related, and the employee received passing grades. SECTION 12. TERM OF AGREEMENT 12.1 This agreement shall be effective 0001 a.m., July 1, 1993, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1994. Date: Mid-Management Professional Bargaining Unit City of Atascadero On Motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney ResoLution No. 135-93 } XHIBIT A Page 1 of 2 ee•-• II C4 II MOO(n Ln ON 000 NN t- .TMNOt-t- �D cc C, OW -N ON7MMIC[-NNN t•- II F II M���OP.[�WCI C�NN�D MON�tn�O d-Ntn NMd-W N Mvl CO hIGNN •--�1� W O_1. 1 CN C7 v71, V: II h 11 M'tP.-It OC,N�OMM00 CGrto I-WCO Q•rW�O[ tIn WAD W.-+V1 Z00N NMC«�GN�O•--�J- MC. 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Dq -•..-. r N U U E--� t\ f\ II O cG 7 U'C v Vi y r r C Y U Y Y ++ C G U Cu G " 7 G r r tC F3- j U U'C C•7 << < CiZG .- :4 L; L; u) rn v?N D. U) W W W W CL Id6d (G O�NO �,v-; -.GOO �C OOCO C C O NO N OG 0000 •--SCO C Cp ��, O --�G NGO� C II O •� '. O lD.--i •-� � t) C.0 c c N ^'.v `+Q c 0 o(D�O •--,.-� .-� r71 C.)t`.I N N M ti •"-� ^-+ II •- to .-+ .�N .�P: l� N P to r M 7J J/7 to M �'-.V, M •- --� •--�M�" t'^ M M •-�.-i M[��• v 11 N N N N N N V) C�C� Ci C7 C^ C�UUUU II 00 f)IC, Resolution No. 135-93 EXHIBIT A Page 2 of 2 C..^o'J GC ' in II of W II •7 U:G NOnG.� nN ^NNNr.NNN II I1 II CC-• cc G OONC. 11 �.N .-, 0, ,�GCN II N Gcr GN�G II N - •--N �--��^N N N I cc II dCv-,�tr CCi o'JC II II N - •- ^ 11 I I C G �. < II G V'.`C U r- O` •3 J I I G C C G G G O O J II N OO [- v> < it N I II I • 11 G C C CGOO�� 1 0 T 11 I -_ II it II L J Z It C ✓: 11 'l• it < N. < i 11 :._. � >.it C ✓: c/: U U 0 G It it I I _ Lr, C C REPORT TO CITY COUNCIL CITY OF ATASCADER0 Agenda Item.-B- 7 Through: Andy Takata,City Managers;4 � Mee ing Date.11/23/93 From: Alicia Lara, PersonnelCoordinator SUBJECT: Salary Adjustments for Confidential Employees - Fiscal Year 93-)4 RECOMMENDATION: Adopt Resolution No. 136-93 adjusting salaries for the Confidential Employees. DISCUSSSIQWANALYSIS' The Confidential employees have requested a sal ry incr based on the Consumer Price Index`(CPQ. They did not request any additional befits. The Los_ Angeles/Anaheim/Riverside All Urban Consumers CPI from May to May 1993 is 2. There are no other changes to their agreement that affect current staff,however,employees hired after July 1, 1993, will not receive a medical payback for dependent coverage. iFISCAL LMPACT: The salary increase represents$2,203 for the fiscal year: Attachments: Resolution 136-93 Salary Schedule (Exhibit A) 000 019, RESOLUTION 136»93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCAOER0 ADOPTING A SAf.»,i RY'ICLASS ICATION'SCI-tEDULE �r " AND BENEFITS FOR CONFIDENTIAL EMPLOYEES BE IT RESOLVED by the City Council of the City of Atascadero as follows.. SECTION 1. SALARIES 1.1 Base salaries in effect on 30.dune 1993 shall be increased 2.6%effective 1 -1 shown on the altached salary,schedule (Ext it A). SECTION 2!, HEALTH BENEFITS Z1 The City shalt,pay all medicals dental and vision benefit premiums for the ernPby$01Wd,, dependents for the term of this agreement. 2. Those employees whose eftt date is prior to July 1, 1993,without depend ` +ter: . choose not to enroll their dependents in the City plan, will receive the amount of #W dependent premium as an addition to their regular pay. SECTION 3. ADIVItNISTRATIVE"LEA's 3.1 Each employee Will receive sixteen (16) hours of Administrative Leave vwhich' cif duly 1 annually. Adm ative'Leave wig not be carried over to accrue from-oholhow year to the next. 3ECT10I4 4, RETIREMENT 4.1 The City shall continue to pay the employee contribution (7%of base sa )to Employees Retirement System (PERS), for the term of this agreement. SECTION S. UFE-tNSURANCE, 6.1 The City shall maintain a term fife insuurance policy on each employee in the mom Fifty-Thousand Dollars ($50,000)and the City shalt pay the fail premiumamountfof" coverage. Resolution No. 136-93 Page 2 of 3 5.2 The City shall maintain a term life insurance policy for each eligible dependent enrolled in health coverage, in the amount of One Thousand Dollars ($1,000) per dependent and the City shall pay the full premium amount for such coverage. SECTION 6. SICK LEAVE 6.1 There will be no maximum limit on the amount of sick leave an employee may accumulate. 6.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the care of dependents who are ill, injured or pregnant and who are living in the employee's household. In extenuating circumstances, the employee may make a request for additional sick leave to be used for dependent care, to their Department Head who shall make a recommendation to the City Manager for final approval. SECTION 7. SICK LEAVE INCENTIVE 7.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur the next 12-month period (December 1 - - November 30) after an employee has accumulated and maintained the 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Bank, it shall not count against the 48 day accumulation for eligibility to receive the incentive,pay-off. 7.2 Once the eligibility requirements have been met an employee may o t,to receive a pay-off ff equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days.) 7.3 The time period for determining annual usage will be December 1to November 30. Checks will be prepared by December 15. SECTION 8. SICK LEAVE PAY-BACK 8.1 When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 9. HOLIDAY 9.1 The Birthday (Floating) Holiday (8 hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year, to be schedluled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 9.2 Martin Luther King's Birthday shall be observed as a holiday. 001}rl,"(� ! Resolution No. 136-93 Page 3 of 3 SECTION 10. TERM OF AGREEMENT • 10.1 This agreement shall be effective 0001 a.m., July 1, 1993, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1994. On Motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney Resolution No. 136-93 EX[JIBIT A Page I of 2 • C it 0., II M co M Jn O N W p .--1.-,N N r- O,M N O t- r-�D co O�C - Z,O C G NN N D N Ol N co •-+No N V \r,r- N N N LL 11 F It MSD CO.-.OP c�000�01NN�IiMON �Nln NM d W d'•-�r- M n OJO r'I-�O NN -r-w 00 M t NM II MetP. ,1-CP C,4 ID MMcocr,r-N r-co SDP r-W�D�r•V1 m ID GO.-,IntDGON NM r-ID N�D rtr-M P.MV OBD rl-x _ II 11 Wr`GOO Ln P N•--�rr o O In�O P O�PIn I�W�InN�Nt�O�D tD I`p C) ktlM" I-m ^In�v,p ^ �.-�NM II W II In P CAONIn MIn PPd'et Ml� Nom ,--�^+M r�Ot��f'•-•In.-+t�In.-+e0 t� OCG d r--In p Mit In Go NMON M-1 I I II I I N et In N V',� M N N M M ,t M'3 M M ,t et M M et M M M M M N M M N N M N N cV N N N N N N M N N N N N II I 0. 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II G GO COO 00�_ I ^- _ G 11 N I -- II OOG OGv. i C - I I I I �- _ II II ti y'- < - s < < _ G r it It 7 N r r r ` _ II REPORT TO CITY CECIL Meeting Date 11-23-93 CITY OF ATASCADERO Agenda item: B-8 Date: November 18, 1993 Through: Andy Takata, City Manager From: Russ Scotten, Acting Finance Director f 8XM CCT: Recovery of City casts for various State m&ndated E programs:. k ARC N')AT,1 19 E Staff recommends the Council 'adopt Resolution N 137-93 authorizing the City Manager to enter into, an agreement with, ! David M. Griffith and Associates,' Ltd. (DNC) to provide consulting services to prepare and file all passible St to mandate claims. DI$tIflR: DMG has specialized knowledge of Mate maudat program affecting cities and how to apply for refund amount , irludng actually filing the claims. € In addition, most, if not all, of DKG' s cl ., ' g sery . `e costs are eligible for state reimbursement. The City will loose its aright to claim 1991-92 costs if the F claim is not filed by November 30th. PT124S_ E DMG will prepare the City claims under either a, fixed fee or, contingent fee basis . Staff recommends the contingent fee bash s, . E which is not due until the City receives an actual Feyment fry E the State. It was ,not considered a viable option for City staff to prepare the ;claims because: t a) of the specialized knowledge required abo t what costs are eligible for recovery, f b) of the time deadline: (November 30th) .* c) DMG costs are also recoverable, and d) using DMG will assure that the City applies for all ` € claims costs it is eligible to recover. f FISCAL, IMPACT The cost for this program i. an estimated 40-60 hours e4c*- W-1 year in staff time to provide ' with the backup financial Infor-mation to make' the cls`` for the Citi. Thi incf ram eu : ttxug these claims s . t` ted. t, 10..000 to "$20,000. ' firer'yea. .. The income could, e. 0i a- 1 } RESOLUTION NO. 137-93 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DAVID M. GRIFFITH AND ASSOCIATElS, LTD. TO PROVIDE CONSULTING SERVICES TO PREPARE AND FILE STATE MANDATE CLAIMS. WHEREAS, Section 2-4. 14 of the Atascadero Municipal Code allows the City manager to purchase supplies for all'; departments or divisions of the City; and WHEREAS, it is in the cities best interest to obtain reimbursement of state mandated costs; and WHEREAS, David M. Griffith and Associates, Ltd. provides specialized knowledge and expertise in claiming said state mandated costs. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Manager to enter into an agreement ';with David M. -- Griffith . _Griffith and Associates, Ltd. to provide consulting =services to prepare and file state mandated claims. On motion by Councilmember , and ';.seconded by Councilmember , the foregoing Resolution is hereby • adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMMO, '',Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney (1(ii���'?�T 3 III ii!ID H. F;RI1-r I IH HI1D -.Cu-• 1; ALIENNIOL CIMC DAVID M. GRIFFITH 1AND ASSOCIATES, LTD. Caiifurnia office: 5715 Marcnnl Ave., Suit('A .' Carmichgvl,CA 85608 i (916)485-8102 November 2, 1943 Mr. Russ Scotten Acting Finance Director City of Ataseadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Sootten: Thank you for the opportunity to submit this proposal. to assist the City of Atascadero in maximizing it state mandated cost reimbursement. Even though,the State has substantially reduced funding to local governments in many areas, it. has earmarked over $125 million to reimburse cities and counties:for various state mandated programs. This proposal offers the City of Atascadero the full rangeof services to prepare and file all possible mandate claims. Because of the nearness of the November 30th deadline, we will do our best to ft all claims before the deadline and avoid the 10% penalty, however, we cannot guarantee that all claims will be filed. by that date. We will prepare any prior year claims first, because if those claims are not filed by that deadline, they will no longer be accepted for reimbursement by the State, There are several reasons for the City to retain DMG to assist in preparing its state mandated cost claims. They include; A Knowledge of the Programs aild Eligible Costs DMG has specialized in the state mandated cost 'area for over ten years. To our knowledge, we are the only firm tliat actually files these claims. Our consultants are well grounded in each mandated program and the activities that are eligible for reitnbursertlent. 4 Increased Indirect Cost for Each Clahn Increased Revenue to At.Ascadero D1,JG's ability to develop separate A-87 indirect cost rate proposals for each mandated program results in substantial increased reimbursement. This should result in increasing the amount of the City's reimbursement by 30% to 60%. • State Reimbursement of MIG's Clauning Services Most, if not all, of DMG's claiming service's costs are eligible for state reimbursement. Depcnding on the. fee arrangements and scope of services, it is possible that all of DNIG's fees would be reimbursable, resulfing in no cost to Atascadero. 0006)'"7 We have developed, an approach and staffing plan that will provide Atascadero with the' necessary support to plan, coordinate and implement a ooniprehensivej state mandated. cost recovery program. If we are going to make sure that at least all prioryear claims get filed by the November 30th deadline, we would need to begin as soon as possible. If you think there is a good likelihood the City will retain our services, I would like to start the data collection process almost immediately. If the City Council should decide not to retain our services, there would be no obligation to the City. The details are presented in the following three sections of this proposal: • Scope of Work and Services • General Approach and Methodology • Fees mid Cost Options Once you have reviewed the proposal or if you have any questions, please call me in our Sacramento office at (916) 4854102. Sincerely, - Allan P.`Burdick 'dice President APB:nr Enclosure 00002'8 SCOPE OF SERVIG.LS This section describes the various claiming areas that DMG will provide to assist Atascadero maximize its state mandated cost reimbursement. Theme are three different claiming cycles or categories to be'completed, each consisting of several components. The three areas are: 0 Assembly Bill 2360 claims • 1991-92 Annual Claims • 1992-93 Annual and two-month claims Each of the claiming areas is described in detail in this section. A complete listing of all claims- is presented oaf the exhibit following this section. ASSEMBLY BILL 2360 CLAIM There is a new or first time claiming opportunity that DMG will assist the City in.completing during the 1993-94 fiscal year. It is generally referred to by the legislation which contained the r� funding, AB 2360 (Vascancellos) at the 1992 Legislative Session. Typically there is only one new claiming opportunity each year. These opportunities are the end result of "test claims" that have been filed by local agencies to obtain reimbursement for state mandated programs in which the Legislature has not previously provided funding, Once these _ test claims are approved by the Commission on State Mandates, they are place in a legislative appropriation bill which must. be approved by the Legislature and Governor, Each year there is at least one claims bill to provide funding for new mandated programs that have been approved by the Commission on State Mandates. That claims bill contains several new programs for which funding is provided for local agencies which file state mandated cost claims. A local agency has 120 days from the date the State Controller issues claiming instructions to file those claims. If a local agency does not file within 120 days, it may still file these claims at any time within the following twelve months and still obtain reimbursement. The claiming instructions for Assembly Bill 2360 claims were issued by the State Controller in June 26, 1993. The City will have 120 days or until October 25, 1993 to plan, research, C3evelop and file these claims with the State Controller's office. There are four new state mandated programs authorized by AB 2360. Of these four programs, the City may only have casts for the Missing persons Report III program. itY of. rasFa ero -- &119 L 1 t L,I- -t DR I D 11. 174FI FF I i H FA JL--, F�'-�;F�--. F1 FF ANNUAL AND TWO MONTH CLAIMS The 1993- 94 state budget contains various appropriations which are made4o the State Controller for re-imbLirsing troth the cost associated with 1992-93 actual cost claims as well as for paying 199 -94 estimated cost claims. In addition, there is stili time to file last year's annual claims (1991.-92 actual cost claims) if we get started right away. This year the filing of actual cost reimbursement claims covering the 1992-93 fiscal year will be different than past years, The difference is that for some claims, the State will provide reiintbursement for full year costs, while for others, the. State will only reimburse costs for the months of July and August. The funding, preparation and filing deadlines for the two claim categories are all separate. Since both elaims include 199293 actual costs, to minimize any duplication and overlap of work, I7M(J will, to the extent feasible,.integrate these data collection activities. The two areas are: + 7.991=42 and 1992-93 Annual Claims - There are several full year.claims. contained .in the upcoming annual claiming cycle in which Atascadero - could have costs both last year and this year. These claims will be due to the State on November 30, 1993. ° 1992-93 Two Month Claims - Since the Legislature was two months late in passing a budget last fall, the State is obligated to pay;for mandates which were in effect during that period, but were suspended for the remainder of the fiscal year. The City could have costs for up to 6 different eligible programs during July and August of 1992: Our approach and schedule for completing all claiming opportunities is described in the _ following section - Project Work Plan. 1v o Atasca ero — m (1(1ok m STATE MANDATE COST CLAIMS A�6f) CLA11y>.�: D'i,T�.OGTOB�S, 1I►93 - 1 Mandate Ngo 1. 1456/88 Missing Persons Reports III 2. 1088/88 Search Warrants: AIDS E3' Al-�2 an$ 92.83ACIALI' LAIMSt �, fiLY $ l I� Maiidat.e N m . _ 1. 1568/82 Firefighters' Cancer Presumption 2. 1496/84 Business Tax ReportingRequirements 3. 641/$6 Open Meetings Act 4. 1088/88 Search Warrants: AIDS 5. 1597/88 AIDS Testing 6, 77/78 Absentee Ballots' 7, 486/75 Mandate Reimbursement Process ►x-93 TWQ MON'I'i i a.Ih S: DU IN EARLY-1924 IAoa 1\landak Name- 1 me1. 77/78 Absentee Ballots 2. 1334/87 CPR Pocket Masks 3. 1609/84 Domestic Violence information 4. 1143/80 Regional Housing Needs Assessments 11 5. CCR 8 Personal Alarm Devices " 6. CCR 8 Firefighters Safety Clothing and Equipment 7. 1203 of 1985 Disabled Motorist Assist 8. 51 of 1984 Missing Person Reports 9. Title 15; CCR Destruction of Marijuana Records 10. 845 of 78 Filipino Employee Surveys Denot" additional FY 91-92 cast claims which can tie filed up to Novembor 30, 1993. Lr1..:-1L' ii. PROJECT WORK PLAN This section describes the technical approach, detailed work plan and schedule for meeting the various claiming deadlines and requirements for state mandate cost claiming process. GENERAL APPROACH Providing mandated cost claim preparation services to a city the size.of Atascadero requires broad technical expertise, To maks sure there is a complete understanding between all parties, DMG has developed the following approach which should result in the ;highest supportable reimbursement possible. The following steps will be taken by DMG in completing each Claiming cycle. 1 d Complete Planning,.Scheduling and Orientations For each claiming cycle,TMG will work with the City in developing a separate plan find schedule for completing claims. The plan will also identify the roles and responsibilities of all persons involved with the process and the work tasks to be completed. The specific activities include: DMG consultants will meet with Atascadero designated ."SR90 Coordtnatar to discuss the approach and tentative schedule for completing the work. DMG will also work with the S13 90 Coordinator to identify a primary contact in each affect department. R DMG will contact each primary department contact and provide him or her with. information ori the specific mandate reimbursement needs. If beneficial, DMG will conduct an orientation session or workshop. Depending on the mandate, these sessions will be conducted for individual or multiple departments; 2. Collect Departmental Lxpenditure Data and Compensation Information The first step in the data collection process is to obtain all the.financial data needed to complete all claims. DMG will gather the following data from records in the Finance departmtnts's office: e Salary and benefit data * Annual departtnental expenditure data A-87 cost allocation schedules t}' o Atasca eros 060032 l 1. _,RI FF I TH Hf 1L la, some cases, DMG will need to gather additional data after it has completed, its departmental interviews. ;• nn-Site Data Collection From Departments The next step in the process is to collect, the program information from all affected departments and also to identify the administrative and support personnel that should be included in each department's indirect cost rate proposal, This will be done primarily through face-to-face interviews, supplemented by questionnaires and/or similar data collection instruments. DMG will complete the following tasks: * Interview individuals having specific knowledge of each n andated;program and.: gather various documents and statistics needed to support activities to be included in the claims, • Conduct interviews with management representatives to identify all.administrative and support personnel that are linked to the claims and to identify the percentage of time that can be included in the indirect cost rate proposal. In some cases these activities can all be completed with one visit to the department, while in others it may take multiple visits and/or phone calls to obtain all the necessary data. 4. Prepare and File Claims Once all data has been gathered for at least one mandate program, IMG can begin to prepare the claim. Each claim requires the documentation of both direct and indirect costs. The activities included with this task include the following: * DMG updates SB .90 Coordinator or progress and any problem.areas. * DhfG will prepare all claims for review and signature. If there is a need to make changes or submit amended claims in. the future, DMG and the SB 90 Coordinator will determine what, when and how that will be accomplished. * IMG will hand deliver the completed claims to the State by the required deadline. 5. Organize Work Paper and Perform Necessary Follow-up Activitles After the claims are filed with the State, DMG will complete all necessary activities to update the City on the claiming activity, provide copies of all claims, and perform all ,other wrap-up work. This includes the following;: w Provide the City with a receipt listing all claims filed and amounts claimed, signed by a representative of the State Controller's office. ty OT,f asr jam.{ - � 1r t I r HI!L! 0 Provide the City widi copies of all claims, IQRP's and other attachments required by the State:. « Meet with the City's SB SSU Coordinator to review the claims, any problems that were encountered that can be eliminated in the future, and discuss future improvements to the process. All of the above should take place within a few weeks after the claims are fired. In addition, DNIG will assist Ataseadero with responses to specific requests that may be made by the State Controller at a later.date. ih o 060034 Dl-it I I D 11. i_F-'iFT I FH FSI ID N' DAVID M. Grd'IFFIT'.". & ASSOCIATES David M. Griffith & Associates, Ltd. (DMG) is the nation's leader in the calculation of the cost of governmental services. Concentrating on local government twancial analysis and revenue enhancement, we have served over 1,7130 clients nationwide, The California practice began in 1979 and, since that time, the firm has served over 225 California cities and all of California's 58 counties, In the State Mandated Cost area, we are the only firm sorvirng city and county government. We are endorsed by both the League of California Cities and The County Supervisors Association of California for State mandated Cost claiming. We believe the principal benefits of our services are: 0 DMG's extensive knowledge and experience in the state mandate cost program area. DMG's advise and assistance is often sought by the Commission on State Mandates, the Controller, State Department of Finance and State legislative committees. 0 DMG'S cast accounting experience with California clients far exceeds Qvo-4 that of other firms. �► NetnrlQb1iPOt'xYig c$tynd DMG Consultants are all individuals ntbt- s working in areas within which they have intimate familiarity. We do not • A<asE el In t t► atnpftij subject clients to on-the-job training. • .Omnnitfrxl �t npl meiitntlon r s r i.. .e • DMG strives for technical accuracy, In view of the close scrutiny of cost • Qty £it` n wltti Sc 'tise accounting applications, we believe • u'iidtttSel my rgtne of C(ti45 that our clients will best be served by the correct solution, short cuts will ultimately fail, • DNIG will guarantee its products. In areas where products must be approved by review authorities, governmental cost allocation plans, SB 90 cost claims, special analyses in audit situations, DMG is prepared to make its fee contingent upon ultimate approvals. A list of DMG state mandated cost claiming clients is shown on the following pages. itso XIRSCQ� __�_.- "- Y 1.1 i-t._ '_+-." E'01 I D M. 1 4I FF I TH DAVID M. G"WITITH & ASSOCIATES State Mandated Cost Claiming Clients 1992-93 Amador Burbank Lodi Calaveras Calistoga Lama Linda EI Dorado Calexico Lompoc Glenn Camarillo 14ng Beach Imperial Carson Los.Angeles Inyo Chico Los Gatos Lassen Clayton Madera Madera Concord Nztine Marin Corona Marysville Mono Corte Madera Maywood - Orange Cudahy Menlo Park Plumas Culver City Milpitas Nevada Dana Point Mission Viejo Riverside Dinuba Modesto San Benito Dixon Monterey San Francisco Duarte Monterey Park Solano El Centro Mior6no Valley Sonoma El Cerrito Mountain View Stanislaus El Monte National City Tehama El Segundo Newark Tuolumne Encinitas Newport Beach Yolo Fillmore Novato Yuba Fremont Oakland Gardena Ojai Glendora Ohtario Gonzales Orange Grover Beach Oxnard Hawthorne Pacifica Alameda Hemet Palm Springs Albany Hercules Palmdale Alhambra Huntington Beach Pasadena American Canyon Huntington Park Paso Robles Anaheim Imperial Beach Petaluma Antioch Indio Piedmont Avalon Irvine Pinole Azusa Bakersfield 000036 1-1. FIFIFFITH H-HE, H___u_. t-t1- M.dwin Park Lafayette Placerville Banning La Habra Pomona Bell La Habra Heights Reedley Belmont La Palma Redwood City Benicia Lathrop Ridgeerest Berkeley Lawndale Ripon Beverly Hills Lemon Grove Riverside Brawley Lindsay San Anselmo Brisbane.. Livermore San Bernardino San Bruno San Carlos , San Clemente SUCLAL MTRICTS San Fernando (Fire'Protection bistric.ts) San Jacinto San Pablo Beckworth San Rafael Big Bear City San Ramon Broadmoor PPD Sand City Columbia Sanger Greenville Santa Barbara ljl Dorado County Santa Clara Humboldt Santa Paula Lakeside Santee Legget Valley Saratoga Mid Valley Sausalito Monterey Bay APCD Scotts Valley Newcastle Seal. Beach North Central Seaside Salsipuedes S. Sall Francisco San Ramon Valley South Gate Saratoga South Pasadena Walton St, Helena Westside Sts:wkten Taft Suisun City Thousand Oaks Tracy Turlock Twenty-Nine Palms Union City Vacaville Vallejo Ventura VerilUil `Walnut Creek «'atsonville West Sacramento City o lnsF4 erg _-- �` g PROJECT COSTS This section describes the project costs, expenses and payment options. It;outlines an approach for contracting for each individual claiming activity as well as a proposat for doing all of the claiming under one cost proposal. COSTS AND FEE ARRANGEMENTS DM(J will prepare the claims under either a faxed fee or contingent fee basis. Under the fixed fee arrangement, all claims will be prepared for a flied fee including all expenses. That fee is due within 30 days after the claims are filed v�ith the State. Under the contingent fee arrangement, DMG will receive 30% of the new or additional revenue received by the City up to a maximum amount. The contingent fee is not due until the City has received an actual payment from the State for DMG's work. DMG will prepare the claims for the following amounts: Claim Fixed Maximum Coufluent tee 1991-92 Claims $ 3,000 $ 4,000' 1992-93 Claims $ 3,500 $ 4,500 A1321360 Claims $ 1.500 2,5.40 All Claims7. QQQ1 The City may have all claims completed under one fee arrangement or it may select any combination of the options listed above. It is important to know that most, if not all, of DMG's fixed fee will be reimbursed by the State and at least a substantial portion'of DMG's contingent fee will also be reimbursed to Atascadero by the State. BILLINGS Under all of the payment options described above, payment would not be due until DMG submits a detailed invoice for payment. of its services. is �T'i j Via;—t,?er0 108 000038 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda item: C-1 Through: Andy Takata, Meeting Date November 23 1993; City Manager Henry ;Engen, Fild Number: CDBG Community Development Director 'CHAS From:=e) � Doug Davidson, Senior Planner §RPOCT Public hearing on the draft Comprehensive Housing A fordability Strategy (CHAS) , the next required step as an "Urbar County" to obtain federal CNBC funds. �RFCQ AATI�ON: Accept public testimony on the CHAS, provide guidance on possible modifications to the CHAS, and direct staff to forty rd the City's comments to the County Board of Supervisors for their December 14,_ 1993 meeting. BACI{+GROUN23: The CHAS provides a County housing profile, includa g needs assessment, market conditions, and available resourcesi resourcesThe second main part of the document establishes priorities and a one year implementation plan. The draft CHAS was publi hal can November 10, 1993, beginning a 30-day public review period. The CHAS must be submi.tted to the: Department of Housing and. urban Development (HUD) before: December 31, 1993 :in order to receivol CDBG or ether HUD funds in federal fiscal year 1994/199 . Ili carder to meet this deadline, the County Berard of Su errvisor 'has scheduled a final CHAS hearing on December 14, ` 1993. The participating jurisdictions (the County and cit'es of Atascadero, Paso Robles, San Luis Obispo, Grover Beach,, and Pis'= Beach) have proposed tentative allocations of CDBG funds to .be; included in the CHAS (Attachment A) While, they HUt guidelines do ,allow for flexibility in project distribution of CDBG funds, the CDBG-funded 'activities must meet certain criteria. For' instance, each project to receive CDBG funds must benefit at least 51 percent low income families and persons. hes tentative allocations may be changed by the Council as community desires and/or HUD guidelines dictate. `' Atascadero City staff has proposed that most of the City's share of CDBG funds be devoted to housing projects. There are several reasons for this. First, it is questionable if all the C' G money for public services/facilities, requested by some other , jurisdictions, will qualify for funding given the above cited income -benefit restriction. Related to this, is the concern of many affordable housing advocates that not enough funds will 'be available for housing projects. This entire CUHC; proggram,; including the CHAS and Community Development Plant are intended to help meet the housing needs of logit income families. In li4 t , of this, a:nd the City's current attempt to obtain'a state Approved :Housing Element, it seems prudent to designate the majority of funds toward housing specifically. Indeed:, Ci ` .is. cited a.s .a major program in the Housing Element. {A draft of the Housing Element will be forwarded to the State Housing and Community Development Department and Planning Commission in December; to be followed by public hearings before the Planning Commission and City Council :in January/February 1994.. } The City's proposed expenditures of housing funds could be distributed in several ways. Staff -held` a public - workshop And also has contacted. Peopled' Self-Help Housing, the San Luis Obispo Housing Authority, and other interested parties about potential housing projects. Three potential projects surfaced out of` this solicitation. Carlton Hotel ''R ciel - CD)HC funds could be used to supplement the residential portion of the project; 34 single room occupancy units in a. mixture of one - and- studio apartments geared toward low income elderly tenants. Specifically, the funds are envisioned to provide the interior furnishings anti/orreplace the elevator. C is d -Ave. - The San; Luis Housi.nq Authority is attempting to `acquire the this project convert 32 .of ,the existing 44 units into low ince units for home ownersh p. The 32 units `wou.ld be limited to those families who earn less than 80 percent of the County median income. Specifically, the fun would be used for downpayment assistance to first-time homebuyers. . City-wide, reha l-Ita.tion of existing dilapidated h s was ,a general concern of those attending the public workshop held in May, .1993« The $30,000 targeted toward economic development is seen as funding to implement. the economic plan to be prepared -with< a, $30,000grant the City will receive from 'the State for economic, planning. The State chant will be used to assess the current economic climate, identify enhancement strategies, and culminate, in ;a five-year implementation program. Lastly, the City is requesting its full 20 percent share of . administrative funds, as allowed by the federal guidelines. This portion of the funds would cover the costs of housing/economic planning, program planning, management/accounting, and professional support services. Although the County is the lead agency, paperwork and grant management has, and will', continue to require substantial City staff time in order to meet program deadlines. Attachments: Attachment A - Proposed Allocation of `CDBG Funds Under separate cover - CHAS • Attachment A JURISDICTION ACTIVITY ALLOCATION PERCENT �� Atrscadero General admin 41,400 20 Housing 135,600 65 Public Facilities 0 0 Public Services 0 0 Economic Development 30,000 IS Subtotal 207,000 100 Grover Beach General adrrun 0 0 Housing 78,890 70 Public Facilities 28,175 25 Public Services 5,635 5 Economic Development 0 0 Subtotal 112.700 100 Paso Robles General admin 44,400 20 Housing 56,832 26 Public Facilities 40,848 18 Public Service 0 0 Economic Development 79,920 36 Subtotal 222,000 100 Pismo Beach General admin 0 0 Housing 22,540 20 Public Facilities 67,620 60 . Public Services 0 0 Economic Development 22,540 20 Subtotal 112,700 100 San Luis Obispo General admin 79,400 10 Housing 297,750 38 Public Facilities 99,250 12 Public Services 198,500 25 Economic Development 119,100 15 Subtotal 794,000 100 Urban Projects Fund Housing 67,620 50 Public Facilities 67,620 50 Subtotal 135,240 100 SLO County(unincorp) General admin 225,400 29 Housing 130,295 17 Public Facilities 100.00 13 Public Services 148,365 19 Ec000rnic Development 162,300 21 Subtotal 676,360 100 Total County General admin 390,600 17 Housing 789,527 34 Public Facilities 403,513 17 Public Services 352,500 15 Econou-c Development 413,860 18 Grand total 2,350,000 100 REPORT TO CITY COUNCIL Agenda Item: t CITY OF ATASCADER4 Meeting fate: 1 12.3I93 Through: Andy Take City Manager Via: Henry Engen, Community Development Director From: Steve Sylvester, City Engineer os +wsrrrrrtr4amaastaaaecraac � sssssx� � res �� rscsmx� xs� � .r srlr +ramemem'smm� Selection Procedures for professional consultants. Review and discuss policy and law relative to the selection of professior al consuftantr Provide direction to staff for development of formal selection policy for , tundl adoption. ter Existing written City policy regarding the selection of professional c+ n nts (engineering, architectural, surveying, etc. is incomplete and does-not rf flect current state mandated requirements for consultant selection. Recent Council actions regarding � various design projects have included much discussion regarding the pr cedures in the selection;of professional consultants. Staff has been requester to britig forward materials and recommendations relative to this selection process. DISCUSSIQN: The selection;of professional consultants differs from the awarding of cor tracts fdtpublic' works construction in that state law dues not mandate the selection of th .lr�v responsible bidder" where professional services are concerned. To the c ntr ry, state law (Government Code Section 4526) requires that a qualifications basec selctit QW, Process be utilized for consultant selection, with some exceptions. The'overriding in this process is that cost is not necessarily reflective of quality of produ where professional services are considered. The total cast of a construction prig ect is significantly effected by the quality of the design, which may only'represent 5% to 11110 of the total cast of construction. The City has experienced the effectof i ade quaw engineering (law bidder) on recent construction projects which have rest lted in higher than necessary construction costs. Inadequate time spent in the design P iase of p of s often leads to expensive change orders and reconstruction of portions of he work which unnecessarily increase total project costs. � Et # CF R ti� v $ as :.„ �.",i ':.� � #t# K. ,,. ;, ... �* .. ,. �,- ���' `,� �4��. ��_s �5�.._ ice; � "� „� � �.t9 �'S,:_ ," � � @. 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'eP� ��OneoU ae�a+•.�a.,•��`ov.LONe�o��ywS1a1i.�oo�+�G �u_N�nc •I.m�Cd.O+.vai 6.) ����$ y�oLr:�. d�°A („ � � ��v6i.o-��ua,,'a•vo,xuj:'ovyo«.'t.as--•Hs°�vE".',N.aco+« W � �� om ~ a > � 0 '•�Lc 0 ) 4) Yd E; 4) u„ 9 r„Q.'3,i aC. � � Ao o " •o$ y °'Cou A' `�” ' ` ^v Eu -0 4� -;— P .o " . 2u oc � 4) OD a_ Fo Ov6 >^o � O .. � <:,Cc > N u 41 to to u c 41 < 00 E O W Euca � o > Ic (30Z.2c b (3 � acr � .0 � � p - Nu d aa ' O C4geOo� moo.c > Y.V h Eu O.S a..2 1x a3 !� . G 1o, , , -♦. _tri +,: cz a id_t'tr '6I�.^-7'_4;1 Report to City Council Selection Procedures for Professional Consultants 11/23/93 Page 3 A. Design contracts less than $10,000.00. 1. The City Engineer will maintain a list of local consultants qualified in various areas of work. 2. Qualified firms will be required to maintain professional liability insurance with Limits determined by the City Engineer on a project by project basis. 3. The City Engineer will solicit proposals on a rotational basis and negotiate fee. Multiple competitive fee proposals would not be solicited. - 4. For budgeted projects, the City Engineer would prepare the design contract and forward it to the City Manager for approval. No formal Council action would be required. 5. For non-budgeted projects, the contract would be forwarded to the . City Council for approval on the consent agenda. B. Design contracts $10,000.00 to $25,000.00. 1. The City Engineer will distribute and advertise a request for qualifications (RFQ) to candidate firms. The RFQ will define the scope and nature of the project, establish the insurance requirements, and contain other items pertinent to the preparation of a statement of qualifications for the project. A design fee will not be required at this stage. 2. A consultant selection committee, appointed by the City Council, will prepare a qualifications based review incorporating a standardized format similar to that currently in use (attached). A numerical scoring system, exclusive of design fee, will establish a ranking of firms under consideration. At the discretion of the committee, a formal interview with the top three firms may be conducted. 3. The City Engineer will negotiate a design fee with the highest ranked firm. If the City Engineer is unable, in his opinion, to negotiate a reasonable fee; the City Engineer will proceed to negotiate with the second ranked firm and so on until an acceptable combination of fee and qualifications is determined. 000045 Report to City Council Selection Procedures for Professional Consultants 11/23/93 Page 4 4. The City Engineer will forward the design contract to the City Council for consideration and action as a regular business item. C. Design contracts greater than $25,000.00. 1. The selection process for projects in excess of $25,000.00 would include all procedures stated above the projects greater than $10,000.00, with the additional requirement that apersonal interview of the top three candidate firms would be a requirement, not an option. FISCAL IMPACT: There is no immediate fiscal impact of this item other than staff time required to prepare_ and review the selection procedures. The long term fiscal impact for the City should be- a net savings in total construction project costs due to improved quality of design arrived at through a more rigorous QBS process. • ATTACHMENTS: 1. "Guide for the selection or professional engineer and land surveyor consultants by public agencies". 2. California Government Code 4525-4529 ("Mini Brooks Act"). 3. Sample consultant review form. 4. 12/10/91 Council Report - Carollo Engineers selection process. '; • 9110217.ATA 000046 Report to City Council Selection Procedures for Professional Consultants 11/23/93 Page 5 ATTACHMENT #1 i "GUIDE FOR THE SELECTION OF PROFESSIONAL ENGINEER AND LAND SURVEYOR CONSULTANTS BY PUBLIC AGENCIES" 0 00004'7 I cue �10�' tae c,�10 tae til®� lie cti1oS1�e ti1 tae ti10 1�e � .,���` e� ti1Q� tae ctilo , ae� ti1o� , ae ti10 • ae� ti�°� ae X10 , ae� ec ��► �e�e ��1 exec 610Ytec�e610Yexec �,elec ��1 e1ec ti~°�' 1ae tiro ` • ae� tip° • $z • $z • die tiQSN • e 10 1ec recti �1a` 1ecti � �ae • ofi . e� • oma �ae • ofi . e�e • o'N � ' • �� e�e : o� �►1a�ecti1 ���` 1ec�1 1� 1 c�1�1 1e �;��`e e tip°610Yce , e , cue �s ae ecti1° 1a cti1° tae ec�to tae cti�° tae ec�1n �ae cti1°'�' tae ,�� �e N . � SN6, $e1 6 fete , e� ,� e1e cti�° • ae ° e X10 • e ' 1°l ` cue �1° • ae tit°' • de 1e �� �e� 1 • c , � c•� ��1 e1e N VV ala 1ec�� ae �' a �1 • ae1a ae ti1 • ae ec,�10 e 1 �s 1a cti�o �ae �c� t e © e 10 • ae tae colo Vitae �ae1e e � eke e tae c 10 , ae�a 1ov , ae 1 , ae ti10 ae ti1o� ec 6� e1e � etec ��►� etec � etec exeboo c NZ lec log' • ae� • o�� • e� • a'� • e� • ©fi , e� • oma • c�� . �� e�e• a eco #��a tec�� ��► ecti11c� a e�tizo �a ec�1 > e ,Ne� e1 tae eco ec 1 tae ec�10 1 e ec tia 'tae Alp 10tae ec�1a ae e6v ��� ec�Na �1ae ec�10 sae c sae sae ec to N� >$Z, ete fie\ c��° • ae ° �' cti�° . ae �ti°� . ae ��° . ae X10 . ae 1e 61yl- etec , SAN $zw exec eteG �o� tae ° tae ��o' • ae ,�1a e tom • a � til° • ae to �t� e� c � etee ete�`1 �ee GAN Stec1 etecti 11 eke ���° pec 1 elec AON . ec o ete 10Y tech' 6AS ae� ' °�� . e `' • �� • 1e� • o1� • e � • Q1v • e� • e�e • av • �e • � . `�� � del ecti1t �� ��e � � ec�l° L1� Ne cccel° tae c ��s . �� �. �g � ��� Cs het �� eke ONN �' � . }.'' ,-� e� .� $�4 w� 'fin ,\� 1 F� � @'6•s.. 000048 Forward This booklet was prepared as a project of a joint liaison committee composed of members of the following organizations: • The League of California Cities Public Works Officers Institute • The County Engineers Association of California • The California Council of Civil Engineers and Land Surveyors This 'Public Works Liaison Committee" meets quarterly at various locations in - California to discuss issues of mutual interest and concern. Several booklets on the subject of consultant selection have been published previously by the American Society of Civil Engineers, the American Public Works Association, the American Institute of Architects and other professional organizations. These publications should be referred to for a more in-depth discussion of the selection process. Second Printing, July 1990 First Printing, January 1990 1 } 0000' 9 Guide for the Selection of Professional Engineer and Land Surveyor • Consultants by Public Agencies Preface While there is no one "correct" procedure to follow in the selection of professional consultants by public agencies, there are certain elements that most''successful and time-tested selection procedures have in common. This guide was prepared to assist those agencies who wish to adopt a standard selection policy, by briefly describing these elements. It discusses some important points to be considered when designing a standard procedure, lists the steps which might be included, and gives some examples of existing policies being used by some California agencies. No attempt has been made to set out a detailed document, with blanks left only for the agency's name. Each agency should develop a procedure that fits the adminis- trative style of its own staff and the philosophy of its own governing body. This guide is intended to be consistent with Section 4526 of the State of California Government Code, entitled "Public Policy", which states in part: "Notwithstanding any other provision of law, selection by a state or local agency _ head for professional services of private architectural, engineering, environmental, land surveying, or construction project management firms shall;be on the basis of demonstrated competence and on the professional qualifications necessary for the I satisfactory performance of the services required." Basis of Consultant Selection The primary consideration when retaining a consultant should be the quality of the services that will be obtained. Quality has many aspects, including experience in the type of work involved, timely performance, adequate staffing, accrAracy, potential for innovative solutions, and responsiveness to the client's needs and concerns. While the cost of professional services should be considered in the foal selection process, cost should always be subordinate to quality, and the selection procedure- should rocedureshould be designed to insure that this will be the case. The following',:section attempts to place cost in its proper perspective. Other considerations which might be a part of a selection procedure include balancing the world load among consultants (assuming equal compet(tnce and qualifica- tions) and special consideration of local firms, small firms, and firms owned by women and minorities. Cost as a Deciding Factor Cost is seldom, if ever, a good indicator of the value of professional services. Regardless of the specificity of the scope of work in an agreement, the quality of the product can vary widely with respect to completeness and clarity of contract docu- ments, economy of construction, cost and ease of maintenance of the completed facility, and appearance, convenience and/or comfort of the completed facility. Since designs usually involve trade-offs between two or more of the above factors, the quali- ties of good judgement and imagination should also be considered. While some of the above factors are non-economic, most translalte directly into dollars and cents. For example, expenditure of more-than-minimum design time can 2 0000r-O easily produce a savings in construction cost of many times the added design cost. Thus, even from strictly an economic standpoint, the value of engineering services cannot be determined by comparing fees. Degrees of Formality The minimum objective of any selection procedure should be to secure satisfactory - services for a fair fee. A consultant selection policy should be flexible enough to assure this result while keeping the selection effort in proportion to the size of the project for which services are sought. Since more is at stake when soliciting services for a large project, a more formal and time-consuming procedure may be justified. However, using this same procedure for smaller projects can be inefficient, hampering an agency's ability to respond promptly to unforeseen events and draining staff time which could otherwise be used more productively. For this reason, it is recommended that two or more procedures be adopted by an agency, the procedure used for a given project to depend upon the estimated construc- tion cost of the project or the potential fee involved. Small Projects , Where the project is small and the potential fee is less than a stated amount, the following procedure is recommended: After reviewing the available current statements of qualifications and performance data on file with the agency, the Public Works Official conducts discussions with no less than three consulting firms. The Official then negotiates an agreement with the firm he deems to be the most highly rated in terms of expertise, experience and capacity to perform the services in question. Larger Projects Following is a comprehensive list of steps which may be taken in the selection of consultants for larger projects. By asking for general information on firms' qualifica- tions before inviting specific proposals, firms that are less qualified will be spared the significant effort and cost that is involved in preparing such a proposal. At an agency's discretion, this procedure can be shortened by omitting or combining some of these steps: 1. The agency solicits letters of interest and statements of qualifications by advertis- ing in appropriate publications, direct mail, or other means, stating the nature of the proposed project and the general scope of required services, and specifying the information which should be included in the statement. 2. After reviewing submitted statements, the agency staff invites those firms who appear most qualified to submit written proposals. The request for proposals should clearly describe the scope of the required services and should specify the minimum information to be included, such as: a. Identification of key personnel, stating for each their proposed function and relevant experience. b. Identification and qualifications of any proposed subconsultants. 3 _J 0000`1 s �.i C. An outline of the firm's proposed approach to the project. d. Other specific information that may help determine the firm's competence and qualifications. 3. The agency staff selects three or more firms who appear most qualified and re- sponsive, and schedules interviews. Each consultant's proposed project manager should be asked to appear at the interview along with any additional team mem- bers he believes will enhance the presentation. 4. The selected firms are interviewed by a panel made up of members of the agency's staff, staff members of other agencies, elected or appointed officials of the agency, members of the community at large, or any combination of the above persons. A majority of the panel members should be experienced in the type of work required. 5. Each panel member individually ranks the interviewed firms, using a standardized rating form or a form designed for the specific project, by totallimgthe scores for each category. The rankings of the individual panel members are added for each firm, and the firms are then ranked by their total scores. 6. The most highly ranked firm is invited to enter into negotiations with the agency staff to draft an agreement which details the scope of services, ruethod and amount of compensation, and miscellaneous provisions. 7. If an agreement satisfactory to both consultant and agency staff"cannot be negoti- ated, the firm ranked second is invited to enter into negotiations, as above. If agreement cannot be reached with the second firm, the third firm is contacted, and so on. 8. The agreement negotiated between consultant and agency staff Is presented to the agency's governing body for approval. Some agencies find a significant amount of time and effort can be saved by modi- fying Steps 1 and 2 above as follows: Annually, or as often as considered desirable, letters of interest and statements of qualifications are solicited for a wide variety of services, and lists are then established and maintained for each category of expertise. When consultant services are required, proposals are requested from the firms on the appropriate list. An agency may also adopt a policy of balancing the work load among equally qualified and competent firms by declaring a firm ineljgible for a stated time period after being awarded a contract, or until all firms on the list in question have been selected. This policy, however, should always ensure that the primary selection criteria is on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services. 4 X0005", Appendix Attached are two examples of selection procedures, one from Humboldt County and the other from the City of Long Beach. Once again it should be pointed out that there is no one correct procedure to follow in the selection of professional consultants by public agencies. Rather, there are _ certain elements that good selection procedures have in common. The Humboldt County and City of Long Beach procedures are presented here as examples because they include those elements that are common to good selection procedures. sw 000053 9 ' CITY OF LONG BEACH DEPARTMENT OF PUBLIC WORKS .. _..... 333 W OCEAN BLVD.• LANG BEACH,CA 90802•91M 590MM Synopsis of Selection of Professional Consultants i After a determination that consultant services are required for a project is made, staff members determine which firms should be invited to submit proposals for the project and then prepare the Invitation for Consideration to be mailed to the consulting firms. Firms are selected from the Engineering Bureau's computerized information file of architectural and engineering firms, which is periodically updated as consultants contact the City. The form of the "Invitation for Consideration" sent to the consulting firms varies from project to project, but each Invitation should Contain: I _ • A scope of work, describing the-nature of services required by the City. • A list of basic questions regarding the composition of each fiztm (i.e., address, _ j number of personnel, etc.). • A description of the method of selection used by the City of Lung Beach • A model contractual agreement, which the consultant will be,required to comply, if selected. For major projects, the Invitation for Consideration should require the consultant to prepare separate sections describing their understanding of the project and their spe- cific approach to the project. For projects for which the consultant fee is estimated to be greater than $20,000, Invitations for Consideration are mailed to at least five con- sulting firms. Upon receipt of the responses by the consulting firms, members':of the selection committee, which is comprised of City staff members and, if deemed appropriate, staff members from other agencies with experience in the particular field, review the respondent's submitted data. The highest ranked firms are invited for oral interviews with the selection keview panel. The names of the selection committee members are not revealed prior to oral interviews. The format of the oral interview may vary slightly according to the type of service requested but, generally, invited firms will be given time to make a presentation, with the remaining time devoted to questions from the selection panel. Responses are judged according to objective rating criteria, which are detailed on a rating form distrib- uted to each selection committee member. At no time during the interview is compen- sation discussed, in accordance with Administrative regulation 8-4. The selection panel will determine fmal rankings based on the oral interviews, materials submitted, and ref- erences. Upon completion of the oral interviews, applicants are advised of the selection committee's number one selection for the project. No other information is released in an effort to protect the professional standing of all candidates. 00005A A contract will be negotiated for the project for the extent of services to be ren- dered and for the method of compensation. If agreement cannot be reached on any of these issues, negotiations will be terminated. Negotiations will then be undertaken with the review board's second choice for the project. When agreement is reached with the consultant, a contract for the work will be prepared in final form, signed by the consult- ant, and submitted to the City Manager for approval and execution. ti J 000055 AWAINISTRATIVE REGULATION CITY OF!LONG BEACH, CALIFORNIA = q Number 8-4 Issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page 1 of I . PURPOSE This regulation establishes policies and procedures governing the selection of professional consultants in the performance of City work. This regulation is issued so that the City may continue to recognize and maintain the professional status of those offering professional services . It embodies the standards , accepted procedures and ethics of the national and local societies ,and organizations of those professionals which will be required to provide services to the City of Long Beach. II . SCOPE This regulation is applicable to all City departments and offices directly responsible to the City Manager. In the interest of uniformity, effectiveness and com- pleteness , it is requested that elective offices and other independent offices , commissions , boards and departments also comply with this regulation. AMENDMENT The City Manager may amend the policy, procedures and contents set forth in this regulation from time to time as appropriate . IV. POLICY Professional consultants for specific projects requiring a special expertise may be retained from the private sector to augment the City's profes- sional capabilities during peak workload periods and for specialized services not available to the City through the Civil Service system from ' the existing City work force. Consultant services may cover a wide range ',�of pro- fessional activity including studies , special _ reports and design and its related activities on such projects as buildings , roads , bridges ,o• acqui- sition and development of parks , airport improve- ments , coastal engineering and special rate Authorized 8/l/81 CET MANAGER EFFECTIVE DATE !11.'771 ADMINISTRATIVE REGULATION CITY OF LONG BEACH, CALIFORNIA Number 8-4 Issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page 218 investigations and other expert testimony capa- bilities . Historically and universally, many professional societies have resisted the practice of bidding to provide services . Such a practice implies that the consideration of price rather than quality and service may be the predominant factor in the selec- tion of the consultant. While equipment and construction work (complying with comprehensive specifications) is usually pur- chased on the basis of competitive bids , it is not reasonable- to apply the same procedures for- obtain- ing. professional services . A client that "buys" professional services by competitive bid has no realistic basis on which to compare the value of. _ what he will obtain. It is not in the public interest, therefore, to solicit bids for such services. Professionals have unique expertise in their own disciplines based upon.working relationships with many clients with widely differing approaches to problem solving. Each has encountered gany and varied problems which provide' for a vast accumula- tion of data and information based upon actual experience. This knowledge and experience is often directed in a specialized area. Payment of a reasonable and adequate fee for' such knowledge and - experience assures the recipient of a comprehensive and technically satisfactory professional service. V. REASONS FOR RETAINING A PROFESSIONAL CONSULTANT • The 'City will obtain specialized professional services and unbiased opinion in an effective and economical manner. • The City will obtain the benefit of a consul- -tant' s extensive experience in a variety of problems in the same general field. • The City will be able to meet its peak workload demands on specific tasks by utilizing the pri- vate sector which is subject to call and is not a continuing expense to the City. f� oo1/8 JJ OO Authorized `-"� MANAGER CF8/ Ow7F ,/��■ 4M.]4I 00010 j;yy 1!l.'77t ADMINISTRATIVE REGULATION CITY OF LONG BEACH, CALIFORNIA Number 8-4 Issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page 3 of • The cost of a professional consultant 's service is both reasonable and relatively small for the results accomplished. These services may, and usually do , save far more than the fee: in initial and ongoing costs of decisions which must be made for the operation of government in specialized professional areas . VI . METHOD OF SELECTING A PROFESSIONAL CONSULTANT A. Major Projects - Anticipated Fee of Over $20 ,000 • Ascertain from informed sources the names of not less than five (5) consulting firms qualified for the service desired who are professionally and financially qualified to undertake the proposed assignment. ' When five (5) potential candidates are unavailable , - City Manager approval shall be soustht to solicit from a smaller selected list. • Advise these consultants of the City's problem and its desire to solve it Request • them to submit their qualifications for per- forming the desired services . • The City Manager and the appropriate depart- ment/agency director appoint a review board of qualified professional people to interview those consulting firms which in its opinion - appear to have the most desirable qualifica- tions . • Immediately upon conclusion of interviews , the review board confidentially arrays the ,candidates in order of preference. : • The department/agency director designated by the City Manager commences the subsequent steps in a pre-announced overall selection process (if any) or negotiates an agreement with the Number One selection of the review board for the extent of service to be ren- dered and the method of compensation. If agreement is not reached within a reasonable time , the director terminates the talks with Authorize& 8/l/81 / CITY MANAGER '! CFFECTIVC 0A7 000058 ADMINISTRATIVE REGULATION CITY OF LONG BEACH, CALIFORfNIA Number 8-4 issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page 4 the Number One selection and opens negotia- tions with the second choice of the review . board. The fees discussed with one should not be disclosed to the other. Professional societies and organizations have published schedules of fees for professional services which may be used as a Ruide following adjustment to reflect t e actual scope of work .expected of the proposed consultant. • The appropriate department director presents the negotiated agreement to the City Manager. and to the City Council for approval of the selection and of the proposed contract. B. Intermediate Projects - Fee of $5 ,000 to $20,000 • Follow the procedure under major projects utilizing a review board composed of quali- fied staff personnel and consider no less than three (3) qualified firms or individuals unless City Manager approval is secured to solicit qualifications statements from fewer candidates . On occasion of an unusual proj - • ect which poses special problems beyond the scope previously encountered by City staff personnel , the review board may be augmented by an unbiased, qualified member of the pro- fession being considered. • The appropriate department director presents the selection and the proposed contract to the City Manager for approval. Is The final contract/purchase order is then executed by the City Purchasing Agent/City Procurement Officer unless City Council authorization has been secured for direct City Manager execution. C. Minor Projects - Fees less than $5 ,000 • Department directors shall maintain a current file on qualified professional consultants in various categories . When selecting a consult- ant to provide services on a specific project, the department director, in addition to capa- bility and qualifications , considers consultants 8/l/81 Authorize E / CITY tAANAGEA EFFECTIVE OAT A-G) 1000519 111:T71 I AW.11INISTRATIVE REGULATION CITY OF I ONG BEACH, CALIFORNIA i Number 8-4 I Issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page S of 6 • on a rotational basis wherever feasible . This selection is subject to the negotiation procedure . • The appropriate department director, presents the contract/purchase order to the ;City Manager for approval. • The final contract/purchase order is then executed by the City Purchasing Agent/City Procurement Officer unless City CounFil authorization has been secured for direct City Manager execution. VII . PROCEDURES. Administrative procedures require that therecog- nition of professionals as professionals it funda- mental to the adopted policy. It is recognized that the body authorized to recom- mend selection of consultants must be kept';, free of both internal and external extraneous pressures if a truly professional atmosphere is to be maintained. The appropriate department issues an invitation for consideration to those who may be interested and qualified practitioners in the project or program under consideration. The response to the invita- tion is , in itself, part of a testing procedure . The information requested is summarized by;, the staff of the department. A review board is appointed in accordance with the stated 'policy. Review board member names Ore not made available prior to a call for interview or generally released to others prior to completion of the interviews . Price is not a part of,` the interview process . Each member of the review board rates the consultants at the time of interview and establishes the order in which they will be called for price negotiations . The first choice of the review board is called for negotiation by the department. If the fee cannot be negotiated, the second choice is called and the Authorized 8/1/81 CITY t.IANAGEA EFFECTIVE DATE AWAINISTRATIVE REGULATION CITY OF LONG BEACH,CALIFORNIA Number 8-4 Issue 1 SUBJECT: SELECTING PROFESSIONAL CONSULTANTS Page 1 0� first choice is dismissed from further considera- tion on that particular project. Previous negotia- tions are not divulged in discussion with subsequent choices . Successful negotiation results in presentation by the department to the City Manager of a signed pro- fessional agreement. The agreement may provide for differing methods of compensation based upon the type of work to be performed. "Per diem" or hourly compensation is the general rule when specific scope of work is yet to be determined. This type of compensation should carry a stated maximum amount which will not be exceeded except by -prior approval . Fixed fee or cost plus fixed fee com- pensation is commonly used after scope of work has been explicitly identified. Compensation is paid as services are performed rather than in advance . All agreements for professional services shall pay particular attention to the management phase of the resulting contract . A single project manager shall be designated by the consultant and a liaison manager shall be designated by the department for purposes of contract administration. In addition, affirmative action clauses to further published City goals and policies shall be an integral part of professional contract administration. Late responses or untimely responses by prospective_ candidates should not be considered for further action. The ability to respond to an invitation for consideration in a timely and responsive manner is essential to a future satisfactory contract rela- tionship . All proposed contracts shall be reviewed by the office of the City Attorney and approved as to form by that office prior to presentation to the City Manager . The department shall insure that the other depart- ments which have a proper interest in the work under consideration are kept informed as to the progress of the work and that user decisions and desires are constructively considered within the constraints of financial and practical limitations . RE K:JTP 8/1/81 Authorized CITY MANAGER EFFECTIVE OZT 001006 . B y neo DEPARTMENT OF PUBLIC wORKs COUNTY OF HUMBOLDT 'y oq MAILING ADDRESS: 1106 SECOND STREET, EUREKA, CA 9SSOI-OS79 O AREA CODE 707 yF R E0 ARCATA-EUREKA AIRPORT TERMINAL PUBLIC WORKS BUILDING CLARK COMPLEX McKINLEYVILLE SECOND&L ST., EUREKA HARRIS & H ST., EUREKA AVIATION 445-7792 ADMINISTRATION 445.7491 NATURAL RESOURCES 445-7741 REAL PROPERTY SERVICES 445-7205 BUSINESS 445-7652 PARKS 445-7652 ENGINEERING 445.7493 ROADS & EQUIPMENT MAINT. 445-7421 Excerpt From Humboldt County Policy Regarding the Selection, Engagement and Requirements of Professional Consultants It is the policy of the County of Humboldt to give prime consideration to qualified professional consultants whose main offices are located within the County of Humboldt. Whenever it is in the best interest of the County to engage a professional consultant whose main office is located outside the County of Humboldt, said consultant shall be advised that it is the County's desire that such consultants should utilize the services of consultants with main offices within the County of Humboldt on an association, or other basis, wherever feasible. In order to implement this policy, the following procedures will be followed: Procedures A. Method of Determing Qualifications of Consultants: 1. The firm should be of high ethical and professional standing, its members being of good moral character, and it should be able to submit references from persons of known repute. The firm and its members should adhere to the Professional Society Code of Ethics. 2. The principal and other responsible members of the firm must be licensed in California. 3. A principal member of the firm's staff must have at least five years' recent experience in responsible charge of work of the type involved in the project. For the purpose of this section, "responsible charge" shoulclI be construed as the term is defined in applications for membership in the American Institute of Architects or the American Society of Civil Engineers. B. Method of Selecting a Professional Consultant: 1. Projects with Fees of Over $25,000 a. The names of consulting firms located in Humboldt County qualified for the services desired who are professionally qualified to undertake the proposed project will be given prime consideration. 000067 b. If there are not at least two local consulting firms recommended to perform the services required, the Director of Public Works will submit to the Board of Supervisors names of at least two additional consulting firms outside the area that are qualified to perform the services. The Board will take one of the following actions: (1) Approve the list as submitted, or (2) Delete the names of consulting firms from the list who they do not wish to be considered, and/or (3) Require that the names of additional consultants be submitted for their consideration. c. The Department of Public Works will send those consultants whom the Board of Supervisors has approved, a Request for Proposal. d. The County Administrative Officer and the Director of Public Works will appoint a selection board to interview those consulting firms who have returned their Request for Proposal. e. The selection board will interview the consultants and rate their qualifi- - cations. These ratings will be used to establish the order in which - consultants will be called for consultant fee negotiations. f. The Director of Public Works will negotiate an agreement with the number one selection of the review board for the extent of services to be 1 rendered and the method of compensation. If an agreement is not reached, he will terminate the talks with the number one selections and opens negotiations with the second choice of the review board. The fees discussed with one should not be disclosed to the other. Pre- vious negotiations will not be divulged in discussion with subsequent choices. Professional societies and organizations have published schedules of fees for professional services which may be used as a guide. g. The Department of Public Works will present an agreement signed by the successful professional consultant to the Board of Supervisors for action. The successful professional consultant may be required to furhish errors and omissions insurance in amounts specified by the County. 2. Projects with Fees Less Than $25,000 The County will maintain a current file on qualified professional consult- ants in various categories. When selecting a consultant to provide services on a project, the Director of Public Works, in addition to capability and qualifications, will consider the consultant on a rotational basis whenever feasible. This selection is subject to the negotiation procedure. l 000063 Report to City Council • Selection Procedures for Professional Consultants 11/23/93 Page 6 ATTACHMENT #2 CALIFORNIA GOVERNMENT CODE 4525-4529 ti "MINI BROOKS ACT" 000064 s §4500 PUBLIC WORKS Cross References: Access to public buildings by physically handicapped persons: §§4450 et seq. Access to public accommodations by physically handicapped persons: H & S C §§ 19955 et seq. ` CHAPTER 10 i Contracts With Private Architects and Engineering Firms [Added by Stats 1974 ch 1434 § 1.1 §4525. Definitions §4526. Selection procedure policy §4527. Submission of qualification statements; Announcement of projects; Inter- views and selection §4528. Contract negotiations §4529. Applicability of chapter Cross References: ° State Contract Act: Pub Con C §§ 10100 et seq. x Collateral References: Cal Jur 3d Public Works and Contracts § 18. Attorney General's Opinions: 62 Ops Atty Gen 332 (Gov. Code, §§4525-4529, relating to the selection of private architectural or engineering firms by agency heads, do not apply to such selection by counties or other local governmental agencies). § 4525. Definitions For purposes of this chapter, the following terms shall have the following meanings: (1) The term "firm"means any individual, firm, partnership, corpora- tion, association,_or other legal entity permitted by law to practice the profession of architecture or engineering. (2) The term "agency head" means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized under the State Contract Act to contract for architectural and eng ineenn services. g U. (3) The term "architectural and engineering services" includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Added Stats 1974 ch 1434 § 1. § 4526. Selection procedure policy Notwithstanding any other provision of law, it shall be considered to be the public policy of the .State of California and any political 420 000065 t to ARCHITECT & ENGINEER CONTRACTS §4528 subdivision thereof that selecting by an agency head for professional 'x services of private architect or engineering firms shall be on the basiss of demonstrated competence and on the professional qualification necessary for the satisfactory performance of the services required. Agency heads contracting for private architectural and professional engineering services shall adopt by regulation procedures which assure that such services are engaged on the basis of demonstrated compe- tence and qualifications for the types of services to be performed and at fair and reasonable prices to the public agencies. Furthermore, such procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837 of this code. \dded Stats 1974 ch 1434 § 1_ Cross References: Department of General Services: §§ 14600 et seq. 4527. Submission of qualification statements; Announcement of projects; Interviews and selection fn the procurement of architectural and en;ineering services. the agency head shall encourage firms engaged inthelawful practice of their profession to submit annually a statemen performance data. t of qualifications and Statewide announcement of all projects requiring architectural or engineering services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifi- cations and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria s established and published by him, no less than three of the firms I deemed to be the most highly required. g Y qualified to provide the services ' Added Stats 1974 ch 1434 § 1. § 4528. Contract negotiations (a) The agency head shall negotiate a contract firm for architectural and engineering services at/compensati ith the best qualified `I y the agency g y head determines is fair and reasonable compensation theState1 of California or the political subdivision involved. (b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most 'qualified, at a price 421 000066 �r l : i §4528 PUBLIC WORKS he determines to be fair and reasonable to the State of California or the political subdivision involved, negotiations with that firm shall be formally terminated. The agency head shall then undertake negotia- tions with the second most qualified firm. Failing accord with the second most qualified firm, the agency head shall terminate negotia- tions. The agency head shall then undertake negotiations with the ` third most qualified firm. (c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall selerpt additional firms in order of their competence and qualification and continue negotia- tions in accordance with this chapter until an agreement is reached. Added Stats 1974 ch 1434 § 1. § 4529. Applicability of chapter = This chapter shall not apply where the agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public t interest. Added Stats 1974 ch 1434 § 1. CHAPTER 10.5 .k y I� } Target Area Contract Preference Act J§� [Added by Stats 1980 ch 1289 § 1.1 Note—Repeal of chapter, see §4536. §4530. Citation of chapter §4531. Legislative declarations and intent §4532. Definitions §4533. Invitations for bid; Preference to companies performing contract at work- site in distressed area §4533.1. Preference for bidders agreeing to hire persons with high risk of unem- ployment §4534. Preference on submitted price where contract to be performed at worksite in distressed area §4534.1. Additional preferences upon compliance with provisions of§4534 §4535. Contract conditions §4535.1.Sanctions §4535.2. Maximum preference §4535.3. Rules, regulations, and guidelines §4536. Repeal of chapter 422 00006"7 Report to City Council MSelection Procedures for Professional Consultants 11/23/93 Page 7 ATTACHMENT #3 SAMPLE CONSULTANT REVIEW FORM • 000068 City of Atascadero Engineering Proposal Evaluation 3-F Meadows, Tecorida, Las Encinas Assessment Districts CONSULTANT: A. Submittal Package Conformance Points Possible Actual Points 1. Number of copies 1 2. Scope of work statement 1 3. itemized not to exceed fee 1 4. 90 day firm quote 1 5. Schedule of hourly fees 1 6. Proof of insurance coverage 1 . 7. Statement of qualifications/resumes 1 8. References 1 F9. List of subconsultants 1 10. Completion time estimate 1 B. Scope of Services 1. Survey 5 2. Plan preparation 10 C. Project Approach 1. Pro'ect descri tion 10 2. Project organization 10 3. Methods and reasons 10 D. Qualifications and Experience 1. Company qualifications/references 8 2. Project manager 8 3. Staff 8 4. Subconsultants 6 E. Project Schedule 10- F. Past Experience in City 5 TOTAL POINTS 100 000()69 Report to City Council Selection Procedures for Professional Consultants 11/23/93 Page 8 ATTACHMENT #4 12/10/91 COUNCIL REPORT CAROLLO ENGINEERS SELECTION PROCESS 'REPORT_.TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 12-10-91 Through: Ray Windsor, City Manager Meeting Date: D-3 From: Greg Luke, Director of Public Works • SUBJECT: Engineering Services for Recovery of Reclaimed Water RECOMMENDATION: i Award Contract to John Carollo Engineers BACKGROUND: This item was originally scheduled for the November 12, 1991 City Council meeting. Staff recommendation was that John Carollo Engineers be awarded the contract to conduct engineering services for recovery of reclaimed water. John Carollo's original proposal `was for $99, 000. However, staff deleted several work items (Deep Monitoring Well and Subsequent Sampling) which reduced the fee to $75, 000. (See November 12 , 1991, staff report, attachment I) Because of legal concerns about the staff's authority to make such changes, the item was continued to allow staff additional time to review the selection process. Staff has completed the review and is placing the matter before the Council for action. With regard to the legality of the selection process, the City_ Attorney has researched both City and State Codes, examined the request `for proposal process, and reviewed the selection process. He has concluded that the entire selection process was conducted in full conformance with all applicable laws ,and regulations. To recap staff's review, basically three issues were examined: 1. Can a contract be awarded to a design professional who submits a proposal that quotes a price higher than other proposals? 2. Can the City staff negotiate a lower price once a proposal has been submitted? 3 . If a change is made to the scope of work presented by the successful firm., should all firms be given the chance to submit new proposals on the project? 0000'71 DISCUSSION: Question No. 1: Obligation to award on the basis of fee. The term ` "proposa-111 has a meaning which is quite different than "bid". A bid is a fixed price offered by a contractor to perform a well defined product or service. The request for bid package contains detailed specifications and/or : plans stating precisely what services or products are required. ; A bid is most often associated with a construction project or the purchase of a product. A proposal is essentially a document that rsets forth an approach or methodology that a firm proposes to tse to solve a problem. Proposals are solicited by a "request 'f-ar proposals" (RFP) , which is prepared and distributed by City staff. The RFP defines the nature of the problem and outlines the goals of the study. Generally, the subject matter is not well defined and the RFP is quite general. When the proposals are received, staff evaluates a variety of factors, including the qualifications of the firm, the methodology proposed to conduct the work, innovative ideas that; would produce a better product, and host of other qualities, that assure the final report best meets the `Cityrs needs. Most proposals contain a price to perform the work. This is the price to perform the work as described by the candidate firm. The quoted price is only meaningful with respect to that particular proposed scope of work. It is inappropriate to compare the price quoted by the various firms since the proposed scopo of work could be substantially different Comparing prices between consultant is a case of comparing "apples and oranges" . For exapple, one firm may have a very junior project team, while another; firm may have - more experienced people assigned to the project. Or, one proposal may have missed a key component of the work. Their resulting price to ,perform the work would be low, but the final product would be useless. Therefore, to answer the first question, it is quite appropriate and legal to award a contract to a consulting firm who has submitted a proposal with a higher price than another firm. The selection should be based on the relative quality or value of the proposal, not simply the price. John Carollo clearly has the superior qualifications, the most competent project team, the best technical approach, and a strong local client reference list. (Attachment II explains the logic for selecting John Carollo) . Their fee may be higher, but the quality of work is a quantum level higher than the other firms considered. sNNW 000072 1 Question 12 : Negotiating a final Scope of Work and Fee With regard to the second question, once a firm is selected is it appropriate to negotiate a change in scope and price? Again the answer is yes, but within limits. The original proposal demonstrates the firm's capability and their understanding of the problem. However, the original proposal prepared by the consultant typically contains tasks that the City may wish to modify, delay, or delete. For example, consider a proposal that calls for field work, such as collecting traffic counts, flow measurement] etc. The City may already have the information, or be able to obtain the information easier than the consultant. Therefore, the task of obtaining field work would be deleted from the final contract and the price adjusted accordingly. This was the case with Carollo Engineers. They proposed to drill a deep monitoring well and to sample groundwater into the future. These tasks may not be necessary, depending on the information gathered at the beginning of the study. Therefore, these tasks were dropped from the scope of work. This is nota fundamental change in the project, it is a refinement of the contract to best serve the City's needs. This issue does raise an area of concern that staff recognizes. During the negotiat"ion process, care must betaken not to alter the underlying approach to the work described in the proposal. To press a consultant to cut costs simply to save money can destroy the approach contained in the original proposal. I do not believe that the deleted items in any way undermine the consultant's basic approach. At the worst, these two deleted- tasks can be added at a latter date. I feel the City would- not be well served by contracting now for services that later may not be required. Question 13 : Request for New Proposals The final' issue addresses the City's obligation to send a project out for new proposals when the scope of work is changed. This is an ethical, rather than legal, question. A City is not legally obligated to follow a set procedure in the selection of a consulting firm. However, if the project changes substantially in scope, I believe professional ethics and a sense of fair play dictate that new proposals should be garnered. Conversely, if a project stays essentially the same, and the changes only refine the scope of work, then asking for new proposals can be counterproductive. All of the information submitted by the selected firm is public information, making it easy for another firm to shave the price slightly and take the job. . Such an advantage is not enjoyed by the selected firm. Thus the "playing field is not level" when new proposals are called for. 0000'73 However, the most compelling reason for not asking for new proposals is that on the second go-around" consulting fees becomes a factor of overwhelming importance. If new firms are told exactly what tasks are necessary, the less qualified firms will tend to submit proposals with a low price in an effort to ! "buy the job't. The highly qualified firms will keep a higher price or simply not submit a new proposal. The reason for this is clear: the better qualified firms have personnel that are better trained, better equiped, and command a higher salary. When a City issues a RFP for the second time, the City almost becomes obligated to award the contract to the lowest fee. And, as described above:, the firm with the lowest fee can be expected to be marginally qualified to perform the work. Therefore, in this case, it is my recominendation that the project not be re-released for new proposals. OPTIONS: If Council is uncomfortable with awarding the contract to John Carollo Engineers, I suggest that the proper propedure at this point is to create a second interview board. Second interviews are relatively common in- the professional practice.' The second interview board could meet with the top two or threefirms and make an independent evaluation for further Council action. FISCAL IMPACT• f $75, 000. 0000'74 t ti Summary of Legislation for Qualification Based Procurement t Local Agencies for Professional Services As of January 1, 1990 199 0000'75 f I r • Table of Contents o Copy of Senator Leroy F. Greene letter dated December 12, 1989. o Copy of Senate Bill 419 (amend section 4526 of Government Code). o Copy of Senate Bill 2034 (amend sections 4525, 452614527, 4528 and 4529 of Government Code). o Copy of Legislative Counsel of California opinion dated October _ 30, 1989. - o Copy of Title 21, California Administrative Code, Group 4, Selection Process..., Sections 1301, 1310-1315, 1330„ 1341, 1351 • and 1361. Note this is how Office of the State Architect procures services. 0000'76 ..M -z +t VNIy }l�V Fit Y s +v'{•i o.tea. .. .o ..-.,:w... _. .. av .. _._�k.•sag3-'T�d. .._ E ...tw ., . :�... __. .... _ Rrmy TO COMMITTEES I CAPI70L 01=I ICE S ��tt �• {{'��yy HOUSING A URBAN AFFAIRS SMOEOK4,308OL ^ C. t LL CHAIRMAN CAPISACRAMENT095Bt4 BANKING&COMM_RC BUSINESS b PROFESSI TELEPHONE (916)445-7807 &fifurn� j(',tg*o(atuµt ENERGY 6 PUBIC UTIL •)� l 1 ,(, TRANSPORTATION INDUSTRIAL RELATIONS t( SUBCOMMITTEE ON �• a: WOMEN IN THE WORKFORCE x+s° .{�,�-�• - `t CHAIRMAN LEROY F GREENE MEMBER: MEMBER OFCALIFORNIA LEGISLATURE ALLOCATION BOARD O 'DISTRICT OFFICE SIXTH SENATE DISTRICT.SACRAMENTO COUNTY 5925 FAIR OAKS BLVD. CARMICHAFL 95608 TELEPHONE:(916)481.6540 MAJORITY CAUCUS,VICE-CHAIRMAN December 12, 1989 Re: Enactment of Senate Bill 419 Mandates qualifications-based - procurement by local agencies for professional services. SB 419, relating to public contracts, mandates local ; agencies to select private architectural, engineering, land surveying and construction management firms based on qualifications instead of bidding. The bill was signed on • September 6, 1989. SB 419 clarifies an earlier law (SB 2034) by clearly stating that local agencies are required to procure professional services on the basis of demonstrated competence and qualifications. _ This requirement long has been official public policy in state contracts. bhe new law (SB 419) which extends that policy to local agencies, becomes effective January 1, 19 9 Very truly yours, , .z" LEROY ./GREENE LFG:gi Attachments: Copy of SB 419 Legislative Counsel's Opinion- dated October 30, 1989 1 - 0000'x'7 ( "REMEMBER-/F YOU ARE TO BE PROPERLY REPRESENTED. YOUR 1 .11'S UMT RE KNOWN" aM. Senate Bill No. 419 CFiAP`TE 293 An act to amend Section 4526 of the Government Code, relating to public contracts. (Approved by Governor September 6.19M.Filed with Secretary of State September 6.1989.1 ti L.ECISLATIVE COUNSEL'S DICEST SB 419, L. Greene. Public contracts: services. FdSting law provides that,notwithstanding any other provision of law. it shall be considered to be the public policy of the Mate of California and any political subdivision thereof, that selection by a state or local agency head for professional services of ''private - architectural, engineering, land-surveying, or construction°'project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory ; performance of the services required. This bill,instead,would require both state and local agencyheads to select certain professional services on that basis.The bll would also declare that it is declaratory of existing law.The imposition of this new requirement on local agencies would create a state-mandated'local program. The California Constitution requires the state to reimb6m local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for maldng that reimbursement, including the creation of a State Mandates Clairns Fund to pay the costs of mandates which do not exceed S1°000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that,if the Commission on State Mandates _ determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1.00Q,000, shall be made from the State Mandates Claims Fund. The people of the State of California do enact as follows•. ` SECTION 1. Section 4526 of the Government Code is amended to read: 4526. Notwithstanding any other provision of law, selection by a state or local agency head for professional services of ';private architectural, engineering, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order_to irriplemnt this i 0000'78 ` YT 9.{ u mss„-.,�i•j 1 �i-'v<�,y+{pr �a..',�,,�., S=• o'_e'�rn`#'�t`�2 .. :�.. _ _ .. Y^, :fJ"�F? �t��i.h. ..�.y?-7�+:.9'.1��?�t�''�• Ch. 293 —2_ method of selection, state agency heads' contracting for private architectural, professional engineering, land surveying, and onstruction project management services shall cadopt by regulation. and local*agency head;- contracting for. private architectural, profes'sio'nal engineering, land surveying, and construction project management services*may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and.at fair and reasonable prices to the public agencies. Rwthermore,'these procedures shall assure maximum participation ofsmall business firms,as defined by the Director of General Services • pursuant to Section 14837. SEC. 2. The amendment made to Section 4526 of the Government Code by Section 1 of this act does not constitute a change in,but is declaratory of, the existing law. SEG 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local - agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 .of the Government Code, unless otherwise specified in this act,the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. 00007 22 i ''r i i Senate Bill No. 2034 CHAPTER 1016 An act to amend Sections 4525, 4526, 4527, 4528, and 4529 of the Government Code, relating to public contracts. [Approved by Governor September 20,1988.Filed with Secretary of State September 20, 1988.1 LECISLA77VE COUNSEL'S DIGEST SB 2034, L. Greene. .Public contracts: services. Existing law declares, as a matter of public policy, that contracts negotiated by the state or its political subdivisions for architectu#al, engineering, land surveying, or construction project managem4tnt services must be based on demonstrated competence and professional qualifications for the services required, rather than - competitive bidding. This bill would provide that the declaration also applies to a local agency head, as defined. Existing law provides that in the procurement of the above contracts,state agency heads shall encourage firms engaged in those professions to submit annual statements of their qualifications and performance data and to evaluate those statements, among other things, in determining the awarding of a contract. This bill would provide that local governmental entity age*cy heads may follow this procedure. Existing law also provides specified procedures to be followed when selection of firms is by a state agency head. This bill would provide that when the selection is by a local agemcy _ head, the local agency head may undertake those specified procedures. This abill would also make related supplemental and technical tL4 � �!Y� i •;TtrF Changes. ,KfTr�;r�ft�N*:TI;M The people of the State of California do enact as follows. SECT 6N 1. Section 4525 of the Government Code is amended to read: 4525. For purposes of this chapter, the following terms have the following meanings: ..: (a) "Firm"means any individual, firm, partnership,corporation, association, or other Iegal entity permitted by law to practice the profession of architecture, engineering, land surveying, or construction project management. (b) "State agency head" means the secretary, administrator, or head of a department, agency, or bureau of the State of Califoiynia authorized under the State Contract Act to contract 'for 9s so 000030 . ; "'t�JV' 4 - t s ..F '.r.�i..x:.... .•..Y..-�-$_J� .. s G4d _"a3r� .:xi Ch. 1016 —2.— architectural, 2.—architectural,engineering,land surveying,and construction project management services. (c) "Local agency head" means the secretary, administrator, or head of a department,agency,or bureau of any city,county,city and county, whether general law or chartered, or any district which is authorized to contract for architectural,engineering,land surveying, and construction project management services. (d) "Architectural, engineering, and land surveying services" includes those professional services of an architectural,engineering, or land surveying nature as well as incidental service's that members of these professions and those in their employ may logically or justifiably perform. (e) "Construction project management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on state . construction projects. SEC. 2. Section 4526 of the Government Code is amended to read: 4526. Notwithstanding any other provision of law, it shall be considered to be the public policy of the State of California and any political subdivision thereof that selection by a state or local agency head for professional services of private architect,engineering,land surveying,or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. State agency heads contracting for private architectural, professional engineering, land surveying, and construction project management services shall adopt by regulation procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices,to the public agenciess� Furthermore, these procedures'"'shall assure maximum'participation of small business firms, as defined by the Director of General Services pursuant to Section 14837. SEC. 3. Section 4527 of the Government Code is amended to read: :4527. In the procurement of architectural, 'engineering, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. (a) When the selection is by a state agency head, statewide announcement of all projects requiring architectural, engineering, ' land surveying,or construction project management services shall be made by the agency head through publications of the respective professional societies. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance • - I —3— Ch.:1016 i data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall I conduct discussions with no less than three firms regarding anticipated concepts and the relative•utility of alternative methods of approach for furnishing the required services and then shall select I therefrom, in order of preference, based upon criteria established and published by him or her,no less than three of the firms deemed to be the most highly qualified to provide the services required.. (b) When the selection is by a local agency head,the agency hefad I may undertake the procedures described in subdivision (a). - SEC. 4. Section 4528 of the Government Code is amended!to read: 4528. (a) When the selection is by a state agency head the following procedures shall apply: (1) The state agency head shall negotiate a contract with the best qualified firm for architectural, engineering, land surveying, and - construction project management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved. (2) Should the .state agency head be unable to negotiate. a satisfactory contract with the firm considered to be the most qualified, at a price the agency head determines to be fair and reasonable to the State of California or the political subdivision _ - involved, negotiations with that firm shall be formally terminated. The state agency head shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the state agency head shall terminate negotiations. The*state agency head shall then undertake negotiations with the third most qualified firm. (3) Should the state agency head be unable to negotiate a satisfactory contract with any of the selected firms,the state agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an agreement is reached. (b) When the selection is by a local agency head,the local agency head may undertake the procedures described in subdivision (a). SEC. 5. Section 4529 of the Government Cod_a is amended' to read: 4529. .This chapter shall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring. bids would be in the public interest. O O0008,47, : � . 93 c.` .S:-,�?a4il..,... ..:'F�k�y�`-�,�it•-- ��-. .. _ .. ..�i"-.�^ -- x r�� .yT.�wt. .. i'JF �• J.C. t•.:,...v+ _ .. - .. -- 4 •- .• .. Joe.& Dave O.Kvu of C� Iif�ari�z 6000.0m0.a-wN.-M � fio.�..C....r•w= h C+nv�.J.DswTTT TuC.O.00-IMLL a �a•Ces i Oor.. MLa..wio.Tt�� +�+�•a. L DJ.i. A►Ls.l O�vTTas �awo+Ci J.Ouuw BION M. GREGORY 0=1 OrATI Ca.TTOI •acwa• WTO.CA.wta' .. a O.Owo� . •+TK 446.SO47 aa�.onv L+� To.aaa R.MTaaOT. ' 0011 hart MALa.4 • �SIMPM October- 30, 1989 LT++�a scum"A CAI MM =IM M 4 KPOT0.6" �x«�•+ �+� Sacramento, California VMMw,�" Kim i LTxwa A T"O"T P.Ma.wua= JAhMx A.Mawaal.A V%AP.CMM=A. MAWM PRTT.. MoLiscOa AO.OTT TL MaAM JON"A.MO+q VUNPM L OuvoT fAnus.�L►ar.[ , � Mawr slaw T'Ma1JAr K.!TMW Honorable Leroy F. Greene _ M.wa.ICLA.u,.T W Jw"Tor 3082 State Capitol ••.CNARL M.v.T,o.. TarJ.awo 4 wasaa.T DaPwa A.WOT•yun Public Contracts: Professional $ervices - 424043 0.V^4MAN JET T"T"`M0%V Dan"J.ao.eJ. eJ....To..o a.." �... owTrsa Dear Senator Greene: QUESTION After January 1, 1990, under Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, Will local agencies be required, or merely permitted, to select the applicable professional services on the basis of demonstrated competence and professional qualification? _ OPINION After January 1,1990, under Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government- Code, local agencies will be required to select the applicable professional services on the basis of demonstrated competence and i professional qualification. ANALYSIS ` Chapter 10 (commencing with Section 4525) of Division 5 Of Title 1 of the Government Codel -contains provisions relating to contracts by state- and local agency heads for private architectural, engineering, land surveying, and construction project management services. Section 4526 was amended by 1 All statutory references are to the Government Code. QQQ08.3 r x . '• -` ­n MMIMI Honorable Leroy F. Greene. - P• 2 - #24043. Chapter 293 of the Statutes of 1989, which will take effect on January 1, 1990 (subd. (c) , Sec. 8 , Art. IV, Cal. Const. ) . That section provides as follows: "4526. Notwithstanding any other• provision of „ law, selection by :a • state or 'loda .12ge6cv head for prof essional. services of private architectural} engineering, land surveying, or construction project management firms , hs all be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. in order-, to implement this method of selection, state agency heads contracting for private architectural, professional engineering, land,surveying, and donstruction project management services shall', adopt by regulation, and locil agency heads • contracting for private architectural, professional - engineering, land surveying, and construction '' project management services may adopt by ordinance, procedures that assure that these services are . engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the • public agencies. "Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837." (Emphasis added.) This section provides that selection by a local agency head for specified professional services shall be on the basis of demonstrated competence and professional qualification, and that local agency heads may adopt by ordinance procedures to assure that these services are engaged on this basis. 7� fundamental tenet of statutory construction is that the Legislature is presumed to have meant what it 'said, and the plain meaning of the language governs (Great j tikes Properties , nc• V. City at El Segundo, 19 Cal. 3d 152 , 155) . '; Use of the word "shall" in a statute generally imports a mandatory construction (Ford Motor Credit Co. v, rice, 163 Cal. App. 3d 937) . The •; ordinary import of "may" is a grant of discretion'.: (Ln re Richard 21 Cal. '3d 349) . 000084 Honorable Leroy ' F: 'Greene. - p. 3- - #24043 ~ Thus, Section 4526 will require local agency heads to select certain professional services on the basis of demonstrated competence and professional qualification but permits, rather than requires, local agency heads to adopt by ordinance procedures to assure.'that 'these' setviaes.-are- so• engaged. ° I•n-other words, •local agency heads must obtain professional services on the *basis of demonstrated competence and professional' qualification,- but :they may utilize any procedures, including the enactment of an ordinance, to achieve this result. Moreover, the prior version of this provision stated, in pertinent part, as follows: "4526. Notwithstanding any other provision of law, it shall be considered to be the public policy of the State of California and any political subdivision thereof that selection by a state or local agency head for professional services of private architect, engineering, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. • A declaration of public policy is merely indicative of legislative intent and, in general, an expression of legislative intent does not have a legally binding effect and thus is merely discretionary (see Hullan v. Etate, 114 Cal. 578, 584) . - Therefore, in accordance with this earlier version of Section 4526 , local agencies were permitted, but not required, to let contracts for specified professional services on the basis of demonstrated competence and professional qualifications rather than on the basis of competitive bidding. Chapter 293 of the Statutes of 1989 amended Section 4526 by, among other things, deleting the clause referring to the ` public policy of the state and adding the first sentence of Section 4526 which is a statement of positive law imposing mandatory action. It is a tenet -of statutory construction that it is presumed that a legislative body intended.to change a law in all those particulars concerning which. it made a change in language ` ( ate(Krater v. City of Los Angeles, 130 Cal. App. 3d 839 , 845) . • Therefore, we think that the Legislature, by amending the language of Section 4526 , intended to make selection by local agency head In for professional services on the basis of demonstrated competencCW • 00008: '. cif �f�d Rb - - .. FnT �wsa• {eZ..`,32 •.CrTC �t[ �,�.ac�•.. r,a yiN ° _ Honorable "Lavoy F. 'Greene' p. '4 - 124043 - and professional qualifications mandatory rather than discretionary. ' This conclusion is supported by the fact that Chapter 293 of the Statues of 1989 was designated as a state'-mandated ' local proq;cam because 'itimposed a hew requirement on local _ agencies with regard to the selection of pro;tessionaLl• services. The' designation as a state-mandated local program is, also ' consistent with committee reports regarding the bill (S.B. 419) which specifically state that "by denying local government • agencies the option of selecting certain professional services based in part on cost criteria, this bill imposes a 'state-mandated - ' local program" (see Senate Floor Analyses of S.B. 419', February a , 1989, and June 14, 1989, 1989-90 Reg. Sess.) . Accordingly, based on the above .discussion, it is-our opinion that after January 1, 19901 under Chapter 10 (commencing With Section 4525) of Division 5 of Title 1, local urgencies will ' be required to select the applicable professional services on the basis of demonstrated competence and professional qualification.- • Very truly yours, ' Bion M. Gregory - Legislative Counsel By Debra J. Zidich Deputy Legislative Counsel - DJZ:idg 00008.E �.t r.` t ,,.�.����,,++.//,,.�,,x��.r'r'.,. •�t,4i�`"3 s J[*'' . : _ t. INS T}2 � �y1.r.4.[ud... •+���.,1.x �.�. 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