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HomeMy WebLinkAboutAgenda Packet Document 9-15-15AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, SEPTEMBER 15, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 9/15/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 9/15/2015 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Employee of the Quarter 2015 - Manuel Sanchez, Custodian. (Engineering/Public Works) 2. 2015 Community Emergency Response Team Graduates. (Fire) PRESENTATIONS 3. 2015 Alliance Healthcare Foundation Grant Check Presentation. (Fire) 4. Presentation on Balanced Plan with Mitigation and Enhancements for Marina District/Tidelands Planning Area. (City Manager) 5. San Diego Regional Task Force on the Homeless Presentation of the annual "We All Count" and City update on tours of visited homeless shelters and facilities. (Neighborhood Services) 6. The Status of Water Availability and Water Rates. (Mayor Morrison) INTERVIEWS / APPOINTMENTS 7. Interviews and Appointments: Various Boards and Commissions. (City Clerk) CONSENT CALENDAR 8. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) CC/CDC-HA Agenda 9/15/2015 — Page 4 9. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of September 1, 2015. (City Clerk) 10. Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not to exceed $35,036. (MIS) 11. Resolution of the City Council of the City of National City, 1) awarding a contract to Kinsman Construction, Inc. in the not -to -exceed amount of $768,463.00 for the Police Department Building Improvements, CIP No. 15-06; 2) authorizing a 25% contingency in the amount of $192,115.75 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 12. Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76. (Finance) 13. Warrant Register #5 for the period of 07/29/15 through 08/04/15 in the amount of $3,078,412.53. (Finance) 14. Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16. (Finance) 15. Investment transactions for the month ended July 31, 2015. (Finance) 16. National City Sales Tax Update Newsletter - First Quarter 2015. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 17. An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. (Human Resources) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) (Planning) CC/CDC-HA Agenda 9/15/2015 — Page 5 19. Resolution of the City Council approving an increase to the Fiscal Year 2016 budgeted position allocation for the Senior Assistant City Attorney position from 0.5 to 1.0 Full Time Equivalent (FTE) and increase the corresponding General Fund appropriations by a total of $70,000. (City Attorney) 20. A resolution of the City Council of the City of National City, 1) approving Amendment No. 2 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $223,110 towards completion of the Project, 2) authorizing the Mayor to execute the Amendment, and 3) authorizing the appropriation of $223,110 to the Project, to be reimbursed by the Port District via the terms of the Amendment (pending approval by the Board of Port Commissioners) (Engineering/Public Works) 21. Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative purchasing established through National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract 031715-KII with the NJPA; and 2) the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized mobile shelving to expand capacity in the Police Department Evidence Room, in an amount not to exceed $387,149.25. (Engineering/Public Works) NEW BUSINESS 22. Temporary Use Permit - St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday, October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) 23. Temporary Use Permit - 7th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E 4th Street with no waiver of fees. (Neighborhood Services) 24. Seeking concurrence to complete the Operating Agreement with MediFit so staff may return with an Operating Agreement and appropriation request for City Council approval on October 6, 2015. (Community Services) 25. Report on Revised Notice of Preparation (NOP) for the National City Marine Terminal Tank Farm Paving and Street Closures Project & Port CC/CDC-HA Agenda 9/15/2015 - Page 6 Master Plan Amendment (UPD #EIR-2014-188; SCH# 2014121046) and authorization for staff to oppose the proposed marine related industrial overlay as part of the project described in the revised NOP. (CMO) 26. Report on Marina District/Tidelands Planning Area and seeking conceptual approval by the City Council for The Balanced Plan with mitigation and enhancements for National City. (CMO) 27. Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages. (MIS) 28. City Council Review of League of California Cities 2015 Annual Conference Resolutions. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City - Sign Ordinance Workshop and Brown Act Presentation -Tuesday - September 22, 2015 - 5:00 p.m. - Council Chambers - National City, California Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City - Tuesday - October 6, 2015 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 9/15/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2015 - Manuel Sanchez, Custodian. (Engineering/Public Works) CITY OF NATIONAL CITY MEMORANDUM DATE: August 27, 2015 TO: Leslie Deese, ' wager FROM: Stacey Stevenso ' ector of Administrative Services SUBJECT: EMPLOYEE 0 'HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the Third Quarter of calendar year 2015 is: Manuel Sanchez — Custodian By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 15, 2015 to be recognized for his achievement and service. Attachment cc: Manuel Sanchez Rick Hernandez — Facilities Maintenance Supervisor Wayne Stewart — Supervising Custodian Josie Flores -Clark — Executive Assistant III Human Resources — Office File Signature: Performance Recognition Award Nomination Form RECEIVED AUG 25 2015 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT I nominate Manuel Sanchez, Custodian, Engineering and Public Works Department for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Manuel Sanchez is an integral, respected member of the National City family. He is an ambassador highlighting the best that we have to offer as an agency. His work in providing custodial support to the Martin Luther King Community Center and the lower level of City Hall is accomplished with care and great pride. But maybe, more importantly, it is his smile and willingness to assist that is most appreciated. Manuel can often be seen graciously providing information, directions and a helping hand to members of the public. With staff, he is always there to greet you with a smile and a hello, an offer to help with a heavy load, and a set of watchful eyes when you are walking to your car at night. Manuel is a true example of living our core values of the commitment, customer service and courtesy. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Stacey Stevenson, Director of Administrative Services IS Date: CC/CDC-HA Agenda 9/15/2015 — Page 10 The following page(s) contain the backup material for Agenda Item: 2015 Community Emergency Response Team Graduates. (Fire) ITEM NO. 9/15/15 2015 COMMUNITY EMERGENCY RESPONSE TEAM ACADEMY GRADUATES PRESENTATION NATIONAL CITY FIRE DEPARTMENT (FIRE) CC/CDC-HA Agenda 9/15/2015 — Page 12 The following page(s) contain the backup material for Agenda Item: 2015 Alliance Healthcare Foundation Grant Check Presentation. (Fire) ITEM NO. 9/15/15 2015 ALLIANCE HEALTHCARE FOUNDATION GRANT CHECK PRESENTATION (FIRE) CC/CDC-HA Agenda 9/15/2015 — Page 14 The following page(s) contain the backup material for Agenda Item: Presentation on Balanced Plan with Mitigation and Enhancements for Marina District/Tidelands Planning Area. (City Manager) Item # September 15, 2015 Presentation on Balanced Plan with Mitigation and Enhancements for Marina District/Tidelands Planning Area CC/CDC-HA Agenda 9/15/2015 — Page 16 The following page(s) contain the backup material for Agenda Item: San Diego Regional Task Force on the Homeless Presentation of the annual "We All Count" and City update on tours of visited homeless shelters and facilities. (Neighborhood Services) Item # 09/15/15 SAN DIEGO COUNTY REGIONAL TASK FORCE ON THE HOMELESS PRESENTATION OF THE ANNUAL WE ALL COUNT & CITY UPDATE ON TOURS OF VISITED HOMELESS SHELTERS AND FACILITIES Armando Vergara, Director of Neighborhood Services Megan Black, Project Coordinator RTFHSD CC/CDC-HA Agenda 9/15/2015 — Page 18 The following page(s) contain the backup material for Agenda Item: The Status of Water Availability and Water Rates. (Mayor Morrison) ITEM # 9-15-15 THE STATUS OF WATER AVAILABILITY AND WATER RATES (MAYOR MORRISON) CC/CDC-HA Agenda 9/15/2015 — Page 20 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards and Commissions. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards and Commissions. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Several vacancies and expired terms exist or will soon exist on various Boards and Commissions. They are summarized on the attached report. The vacancies and expired terms have been advertised and posted. Incumbent appointees have been contacted to determine their desire for re -appointment. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: • Conduct interviews. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Summary Report: Boards and Commissions 2. Applications BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS September 15, 2015 CIVIL SERVICE COMMISSION (Appointing Authority: City Council) There is one expiring term on the Civil Service Commission. The Incumbent, Rafiel Courtney, has requested re -appointment. There are two applications on file. Name Rafael Courtney Eithan McDonald John Bailey Incumbent Interviewed 02-15 Yes COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor subject to confirmation by City Council) There are two current vacancies on the CPRC. Four applications are on file. Name Interviewed Eithan McDonald 02-15 John Bailey Yes Melanie Cole Yes Julio Munoz No PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There are two expiring terms on the PRSCAB (Bert Andrade & Katharine Wesner). Neither incumbent has indicated whether they wish to be re -appointed. Both have been asked to be available for interview. There are two applications on file. Name Bert Andrade Incumbent Katherine Wesner Incumbent Ethan McDonald Harold Aranda Interviewed 02-15 No PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one expired term (Memo Cavada) on the Public Art Committee. The incumbent has not indicated a desire to be re -appointed and has been asked to be available for an interview. There is one applications on file. Name Interviewed Manual Cavada Incumbent Eithan McDonald 02-15 TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There are two expiring terms on the Traffic Safety Committee (Cheryl Howery-Colmanero and Gonzalo Quintero). One incumbent Cheryl Howery-Colmenaro, has indicated a desire to be re- appointed. One incumbent has not indicated their desire. Both have been asked to be available for an interview. There are three applications on file. Name Interviewed Cheryl Colmenero Incumbent Gonzalo Quintero Incumbent John Bailey Yes Eithan McDonald 02 -15 Melanie Cole Yes LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council) There is one expiring term (Gloria Bird) and one current vacancy on the Library Board. The incumbent has expressed a desire to be re -appointed. There are two applications on file. Name Interviewed Gloria Bird Incumbent Eithan McDonald 02-15 Harold Aranda No CITY OF NATIONAL CiTY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Public Art Committee* Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National Cray except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal bac:wound ci ach pilor c, &?poiritiaeiit. Name: /44,Ra/ ae421C11 -- Home Address: /5 . a. Business Affiliation: k. Title: Tel. No.: S/ Business Address: Tel. No.: Length of Residence in National City: 74 San Diego County: 7 -- California: 7 Educational Background: ,.ze` a_11 414 4(1Lj Occupational Experience: x0at,i-o�� 424 (4)1 Professional or Technical Organization Memberships: Civic or Corrrmunity Experience, Mernbersihip, or Previous Public Service Appointments: el-eke/7729,a ei 401) eV erma4,14‹. c•-,etYcf "?.4_4L4V Experience or Special Know ed Pertaining to Areapf interest: elyagip, >z f a A f% �h Have you ever been convicted of a felony crime? No; lies:_ misdemeanor crime? l4o:_ Yes: - -- if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free, to provide an explanation or infonTraton regarding yes answers to the above two questions. • y-a r �/ Date: 4m � ._. /.3'� Signature: PA-; _ itf./A/el Please feel free to provide additional information or letters of endors 'rent. Pease return completed form to: Office of the City Cleric 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document CO •--dam Rav3sed: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board 74'1 Planning Commission `f Public Art Committee* , Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: EITHAN MCDONALD Home Address: 140 NATIONAL CITY BLVD Business Affiliation: Title: Tel. No.: 619 621.9316 Business Address: Tel. No.: Length of Residence in National City: '� YRS San Diego County: 9 YRS California:40 YR5 Educational Background: BIS DEGREE, CORPORATE MANAGEMENT, PROJECT MANAGEMENT Occupational Experience: PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, BUSINESS CONSULTING Professional or Technical Organization Memberships: MULTIPLE BUSINESS MEMBERSHIPS, NATIONAL CITY CHAMBER OF COMMERCE. Civic or Community Experience, Membership, or Previous Public Service Appointments: I've checked multiple areas of interest because I am interested in assisting where the need is most. Experience or Speciai Knowledge Pertaining to Area of interest: EXPERIENCE CONSULTING VARIOUS BUSINESSES, PERSONS, PROJECTS. Have you ever been convicted of a felony crime? No'iYes:_ misdemeanor crime? No:V Yes:_ if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. E�� r Date: January 20,201 s Signature: l i�ia27e cei Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a pubii;, document Revised: March 2012 Supplemental Application: National City Community and Police Relations Commission The National City Community and Poiice Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. it is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. it provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged��7�misconduct,[ and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No:.._� Yes: Have you been convicted of a misdemeanor: No: Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: j U S*c, I h of Home Address: Tel. No.: 66 iq)7 C !I-2 667 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 20 San Diego County: 2 0 California: _ 20 C C 1 i ,. Educational Background: c.�[dveie.'yti.0:+e-^'' l't��''� �Ghon Urdl vcni1--l/� Oft 41 C S�-i nub' bn C)x f en4-19 nv fed ;r\ Sala 1Di,eo h . Occupational Experience: C Coro r ekcLz) x5)1ore Nr' Professional or Technical Organization Memberships: 1V1 A - Civic or Community Experi nee, Membership, or Previous Public Service Appointments: Cm/lira i s us- e ! rrtvrl,'dr+o► S s ri5 ce r-I td Irn��i4Dt) Experience or Special Knowledge Pertaining to Area of Interest: Ste) rs Crn;nc Mai() CaY\afnda L y are,,Exec uocivt in eit4filinaI � U5 Ct- '4v6Lvif Have you ever been convicted of a felony crime? No:4 Yes:_ misdemeanor crime? No:_ Yes:_ 5 (g,;� If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. PC cs Gate: Q /0//6 Signature: 64-4; freeprovide additional information or letters of endorse feel to p o d Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City_ * Residency requirements may not apply This documents is filed as a public document 1 3;1- �. ca CD —, (—) ba (-) rri ntcrin = 1�. CO Revised: March 2012 Supplemental Application National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnei for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguaiding the rights of persons and promoLiiig, higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment, the Human Resources Department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged, disclosure is not required. Have you ever been convicted of a felony crime? No: X Yes: Have you been convicted of a misdemeanor? No: x_ Yes: If any convictions were expunged, disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that cc uld disquefy an applicant fmrr, the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: See attached table CC/CDC-HA Agenda 9/15/2015 — Page 29 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) ITEM # 9-15-15 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) CC/CDC-HA Agenda 9/15/2015 — Page 31 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of September 1, 2015. (City Clerk) Item # 09/15/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 1, 2015. (City Clerk) Book 97 / Page XX 09-01-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 1, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:00 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios. Council / Board members absent: Sotelo-Solis. Mayor Morrison reported that Member Sotelo-Solis was out of town on business. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams. Others present: Student Representative Reah Sahagun. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sunshine Horton, El Cajon, shared some inspirational comments and advise with the Mayor and Council. PROCLAMATIONS , PROCLAMATION ADMIN (102-2-1) 1. Proclaiming the month of September 2015 as: "National Preparedness Month" CITY COUNCIL PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 2. School Supply Giveaway Program Presentation and Donor Recognitions. (Police) Book 97 / Page XX 09-01-2015 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Various Boards and Commissions. (City Clerk) John Bailey and Melanie Cole appeared for interview. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 through 16 (Resolution Nos. 2015-124 through 2015-134), Item Nos. 17 and 18 (Warrant Registers). Motion by Cano, seconded by Mendivil, to pull Item Nos. 12 and 16, and to approve the remainder of the Consent Calendar. It was noted for the record that the correct amount for Item No. 18, Warrant Register #3 is $2,270,493.15. Carried by the following vote, to - wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. MUNICIPAL CODE 2015 (506-2-30) 4. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 5. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF AUGUST 18, 2015. (City Clerk) ACTION: Approved. See above. LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 6. Resolution No. 2015-124. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE EXECUTIVE COMPENSATION PLAN BY ADJUSTING THE TOP OF SALARY BANDS UPWARDLY BY TEN PERCENT (10%). (Human Resources) ACTION: Adopted. See above. LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 7. Resolution No. 2015-125. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE MANAGEMENT COMPENSATION PLAN BY ADJUSTING THE TOP OF SALARY BANDS UPWARDLY BY TEN PERCENT (10%). (Human Resources) ACTION: Adopted. See above. Book 97 / Page XX 09-01-2015 CONSENT CALENDAR (cont.) LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 8. Resolution No. 2015-126. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A ONE-TIME COMPENSATION STIPEND FOR MEMBERS OF THE EXECUTIVE AND MANAGEMENT OCCUPATION GROUPS IN THE FORM OF A $2,400 DEPOSIT TO THE INDIVIDUAL CITY OF NATIONAL CITY - ADMINISTERED DEFERRED COMPENSATION PLAN ACCOUNTS OF EACH INCUMBENT OF SAID GROUPS; AND ESTABLISHING APPROPRIATIONS FOR DEFERRED COMPENSATION TOTALING $86,400 TO ACCOUNT FOR THIS EXPENSE. (Human Resources) ACTION: Adopted. See above. LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 9. Resolution No. 2015-127. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE EXECUTIVE COMPENSATION PLAN BY REVISING A POSITION TITLE FROM CITY ENGINEER TO DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IN RECOGNITION OF THE FULL SCOPE OF THE POSITION. (Human Resources) ACTION: Adopted. See above. EMPLOYMENT CONTRACT — LESLIE DEESE (604-6-5) 10. Resolution No. 2015-128. RESOLUTION OF THE CITY COUNCIL APPROVING THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LESLIE DEESE CONTINUING HER EMPLOYMENT THROUGH JANUARY 27, 2019, INCREASING THE SALARY, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. (City Attorney) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 11. Resolution No. 2015-129. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $26,042 TO THE 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE (2) PANASONIC TOUGHBOOKS, (2) MOTOROLA HANDHELD RADIOS, AND (1) CRISIS RESPONSE MODULE HOSTAGE THROW PHONE, AND AUTHORIZING THE ACCEPTANCE OF THE GRANT AWARD, AND AUTHORIZING THE EXPENDITURE OF GRANT FUNDS. (Police) ACTION: Adopted. See above. Book 97 / Page XX 09-01-2015 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36) 12. Resolution No. 2015-130. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR VEHICULAR ACCESS FOR INGRESS AND EGRESS, ALONG AND ACROSS ALL REAL PROPERTY SITUATED AT 242 NORTON AVENUE IN THE CITY OF NATIONAL CITY. (Engineering/Public Works) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. CONTRACT (C2015-1) 13. Resolution No. 2015-131. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF DOWNSTREAM SERVICES, INC. FOR THE NATIONAL CITY CULVERT BARRIER PROJECT, CIP NO. 14-06; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $88,995.00; 3) AUTHORIZING RELEASE OF RETENTION IN THE AMOUNT OF $4,449.75; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2015-12) 14. Resolution No. 2015-132. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF CREST EQUIPMENT, INC. FOR THE GROVE STREET DRAINAGE ENHANCEMENTS PROJECT, CIP NO. 14-07; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $46,171.89; 3) AUTHORIZING RELEASE OF RETENTION IN THE AMOUNT OF $2,308.59; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2014-53) 15. Resolution No. 2015-133. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF FORDYCE CONSTRUCTION, INC. FOR THE NATIONAL CITY MORGAN TOWER REPAIRS AND CITY HALL REMODEL PROJECT, CIP NO. 14-04; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $144,189.18; 3) AUTHORIZING RELEASE OF RETENTION IN THE AMOUNT OF $7,209.46; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. Book 97 / Page XX 09-01-2015 CONSENT CALENDAR (cont.) GRANT / LIBRARY (206-4-10) 16. Resolution No. 2015-134. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF $18,000 GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) TO FUND THE LIBRARY'S LITERACY SERVICES FOR FY2015-16; AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET. (Library) ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 17. Warrant Register #2 for the period of 07/08/15 through 07/14/15 in the amount of $428,750.20. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2015 — JUNE 2016 (202-1-30) 18. Warrant Register #3 for the period of 07/15/15 through 07/21/15 in the amount of $2,270,493.15. (Finance) ACTION: Ratified (as corrected). See above. PUBLIC HEARINGS SUBDIVISIONS / VARIANCES 2015 (415-1-11) 19. Public Hearing — Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: Lorena Cendejas, National City, the applicant, responded to questions. ACTION: Motion by Cano, seconded by Mendivil, to approve zone change with findings and added conditions. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Book 97 / Page XX 09-01-2015 ORDINANCES FOR INTRODUCTION MUNICIPAL CODE 2015 (506-2-30) 20. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH THE CITY MANAGER'S AUTHORITY TO APPROVE, SETTLE OR COMPROMISE WORKERS' COMPENSATION CLAIMS UNDER CHAPTER 2.01.020. (Human Resources) ORDINANCES FOR ADOPTION MUNICIPAL CODE 2015 (506-2-30) 21. Ordinance No. 2015-2405. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.81 TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS. (Fire) RECOMMENDATION: Staff recommends adoption of the Ordinance. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Ordinance. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. NON CONSENT RESOLUTIONS Ik CONDITIONAL USE PERMITS 2015 (403-30-1) 22. Resolution No. 2015-135. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH FAST FOOD RESTAURANT (FREDDY'S FROZEN CUSTARD) TO BE LOCATED ADJACENT TO 401 MILE OF CARS WAY. (Applicant: Rodger Baker) (Case File 2015-01 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios. Abstain: None. Absent: Sotelo- Solis. Book 97 / Page XX 09-01-2015 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2015-40) 23. Resolution No. 2015-136. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO WESTERN RIM CONSTRUCTORS, INC. IN THE NOT -TO -EXCEED AMOUNT OF $3,452,342.98, WHICH INCLUDES A COMBINED BASE BID IN THE AMOUNT OF $2,716,331.98, KIMBALL SKATE PARK ADDITIVE BID IN THE AMOUNT OF $80,061.76, EL TOYON PARK ADDITIVE BID IN THE AMOUNT OF $529,164.36, AND EL TOYON PARK ADDITIVE BID #2 IN THE AMOUNT OF $126,784.88, FOR THE KIMBALL PARK, EL TOYON PARK, AND KIMBALL SKATE PARK IMPROVEMENTS PROJECT, CIP NO. 15-04; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $517,851.45 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. CONTRACT (C2015-41) 24. Resolution No. 2015-137. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $1,660,922.33 TO WEST -TECH CONTRACTING, INC. FOR THE PARADISE CREEK RESTORATION PROJECT, CIP NO. 15-05; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $249,138.35 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. Book 97 / Page XX 09-01-2015 NEW BUSINESS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 25. Seeking input and direction from City Council to establish a formal National City Volunteer Recognition Program. (Community Services) RECOMMENDATION: See staff report. TESTIMONY: None. ACTION: Following discussion, the consensus was for staff to look into the cost of establishing a certificate program for volunteers leaving office as well as the cost of a picnic style BBQ or luncheon event in the park. There was no vote. COUNCIL WORKSHOP NOTICES / ADMIN (102-6-1 26. Sign Ordinance Workshop and Brown Act Presentation: Seeking City Council direction regarding a proposed workshop date of September 22, 2015. (City Attorney) RECOMMENDATION: Move to calendar the workshop for September 22, 2015 at 5:00 p.m. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. ii COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 27. Recognizing Outgoing Stanford Fellow, Connie Huynh. (City Manager) MAYOR AND CITY COUNCIL Member Memdivil shared his concerns about the problems of shopping carts, how they make the City look and the message we are sending out children regarding stolen property. Member Mendivil said he is confident that with everyone working together we can solve the problem. Book 97 / Page XX 09-01-2015 MAYOR AND CITY COUNCIL (cont.) Member Rios said it is important to get input from the Police Department for projects such as the skate park to better balance liability and safety concerns. Member Rios asked if it was possible for the City Attorney to provide information on mass mailing items paid for with public funds. Vice Mayor Cano expressed thanks to Engineering/Public Works, the Graffiti crew and Parking enforcement for the great response and awesome job they have been doing. Member Cano said he received several complimentary calls from residents and businesses and thanked City Manager Deese for having such a great team. Mayor Morrison highlighted the upcoming pilot project with EDCO Disposal to address scavenging and gave a preliminary report on new increased water rates approved by the Sweetwater Authority Board which reward high water users and penalize low water users. The Mayor said he would be giving a more in-depth report at the next meeting. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was no Closed Session. ADJOURNMENT Motion by Mendivil, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City to be held Tuesday, September 15, 2015 at 6:00 p.m. at the Council Chambers, National City, California. The meeting closed at 8:19 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of September 15, 2015. Mayor CC/CDC-HA Agenda 9/15/2015 — Page 42 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not t CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process by piggybacking Western States Contracting Alliance (WSCA) contract B27160, and authorizing the purchase from Dell Inc. of a Storage Area Network Array for an amount not to exceed $35,036. PREPARED BY: Ron Williams DEPARTMENT: AS PHONE: 619-336-4373 APPROVED BY: (i "" EXPLANATION: The National City Police Department is implementing NetRMS, a county -wide platform for web -based records management. The new NetRMS system requires storage capacity (6 Terabytes) that exceeds the available capacity in the current storage infrastructure. Deploying the Dell PS6100X Storage Area Network Array will provide adequate storage (28 Terabytes) to support NetRMS and allow for future data growth within the infrastructure. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.260 of the Municipal Code, and award the purchase to Dell Inc., for the following reasons: 1. State of California Western States Contracting Alliance (WSCA) contract B27160 is in compliance with National City purchasing requirements. 2. The price has been determined to be competitive within the industry. 3. No further purpose would be served by issuing a formal bid at this, oint in the process. , FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 629-417-082-502-0000 APPROVED: ENVIRONMENTAL REVIEW: This is not a project, therefore does not require environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize staff to waive the formal bid process and procure a Dell PS6100X Storage Area Network Array BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Quote, Contract Information, Resolution 9/2/2015 https://www.dell.com/Cart/us/eNRC1154835/Cart/PrintSku 9/2/2015 5:09:34 PM eQuote Details Order Contact Shipping eQuote Number 1008396120026 eQuote Name NETRMS Description Netrms storage Saved On 9/2/2015 Expires On 11/1/2015 Saved By rwilliams@nationalcityca.gov Premier Page City of National City Authorized Buyer Debbie Lunt DLunt@nationalcityca.gov Contract Agreement WSCA- B27160 Order Date 9/2/2015 Order Contact Tax exemption Recipient Contact Shipping Address Delivery method Trade compliance eQuote Cart Contents Item Add to List Ron Williams National City (619) 336-4373 rwilliams@nationalcityca.gov No, I am not tax exempt Ron Williams City of National City (619) 336-4373 rwilliams@nationaldtyca.gov 1243 National City Blvd National City, CA 91950 no charge delivery No, I will not be exporting Quantity Estimated Ship Date Price Dell EqualLogic PS610OX-Mainstream 1 9/24/2015 $55,055.00 Performance-1Ok SAS Drives EqualLogic PS6100 2.5" Premier Discount (521,471.45) 533,583.55 No Training Selected 1 50.00 No Training Selected Subtotal Estimated Shipping Estimated Tax Total $33,583.55 So.00 51,451.83 s35,035.38 https://www.dell.com/Cart/us/en/RC1154835/Cart/PrintSku 1/2 9/2/2015 https://www.dell.com/Cart/us/eNRC1154835/Cart/PrintSku ® 2015 Dell Same day shipment subject to order size limitations, Dell standard shipping methods and payment via credit card, gift card or Dell Business Credit. Notification will be provided if there are payment delays which could impact shipping date. Electronics and accessories may ship separately. Smart Selection. Limited quantities. Only available for orders placed by 5:59 p.m. CT Mon.-Thurs. Systems shipped the next business day after an order is placed. Subject to order approval. Software and accessories not part of the configuration will be shipped separately and may arrive after your system. Please note that Smart Selection Configuration pricing cannot be combined with other pricing offers or discounts provided or agreed to by Dell. Orders with Custom Factory Integration might require additional processing time. ^Dell Business Credit: OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. https://www.dell.com/Cart/us/en/RC1154835/Cart/PrintSku 2/2 WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT for COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES Number B27160 This Agreement is made and entered into by Dell Marketing L.P., One Dell Way, Mai!stop 8708, Round Rock, TX 78682 ("Contractor") and the State of Minnesota, Department of Administration ("State") on behalf of the State of Minnesota, participating members of the National Association of State Procurement officials (NASPO), members of the Western States Contracting Alliance (WSCA) and other authorized Purchasing Entities. RECITALS WHEREAS, the State has the need to purchase and the Contractor desire to sell; and, WHEREAS, the State has the authority to offer contracts to CPV members of the State of Minnesota and to other states. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: INTENT AND PURPOSE The intent and purpose of this Agreement is to establish a contractual relationship with equipment manufacturers to provide, warrant, and offer maintenance services on ALL products proposed in their response to the RFP issued by the State of Minnesota. Delivery, support, warranty, and maintenance may be provided by the Contractor using subcontractors. The Contractor agrees to take responsibility for the warranty and maintenance of all products furnished under this Agreement. The Contractor is responsible for the timeliness and quality of all services provided by individual subcontractors. Subcontractor participation will be governed by individual Participating Entities, who have the sole discretion to determine if they will accept services from a subcontractor. Individual Purchasing Entities may enter in to lease agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The Contractor submitted copies of its lease agreements with its response to the RFP. The lease agreements were not reviewed Published: February 9, 2004 REQUEST FOR PROPOSAL Page 1 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials or evaluated as part of the RFP evaluation process. The agreement is located in Exhibit D, Leasing. The Agreement is NOT for the purchase of major, large hardware or hardware and software offerings. In general, individual units/configurations for servers and storage (SANs, etc.) should not exceed $300,000 each. Desktop per unit/configuration costs should not exceed $100,000. Printers of all types and monitors per unit/configuration costs should not exceed $50,000 each. It is the expressed intent of some of the Participating States to set this level at not to exceed $25,000 each, or $50,000. Contractors must be willing to comply with these restrictions by agreeing to supply products in those price ranges only. This IS NOT a restriction on how many units/configurations can be purchased, but on the value of each individual unit/configuration. Individual Participating States and Participating Entities may set specific limits in a participating addendum above these limits, with the prior approval of the WSCA Directors; or may set specific limits in a participating addendum below these limits. Contractors may offer, but participating states and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the Agreement. 1. Definitions "Announced Promotional Price" are prices offered nationally to specific categories of customers (Consumer, Business or government) for defined time periods under predefined terms and conditions. "Consumables" those items that are required for the operation of the Equipment offered or supplied which are consumed over time with the purchaser's use of the equipment are included — printer cartridges, batteries, projector bulbs, etc. Consumables such as magnetic media, paper and generally available office supplies are excluded. "Configuration" in most instances in this document means a total system configuration. This may include more than one model or part number (or SKU), or a combination of hardware, software, and configuring of the system to make the system work. "Contract" means a binding agreement for the procurement of items of tangible personal property or services. Contract and Master Price Agreement are used interchangeably in this document. "Contractor" means the successful Responder who enters into a binding Master Price Agreement. The Contractor is responsible for all sales, support, warranty, and maintenance services for the products included in this Agreement. The Contractor must manufacture or take direct, non -assignable, legal responsibility for the manufacture of the equipment and warranty thereof. For the purposes of this Contract, the term Contractor and Contract Vendor are synonymous. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 2 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "CPV Member" is any governmental unit having independent policy making and appropriating authority, that is a member of Minnesota's Cooperative Purchasing Venture (CPV) program. "CPV Program." The Cooperative Purchasing Venture (CPV) program, as established by Minn. Stat. § 16C.03, subd. 10, authorizes the commissioner of Administration to "enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with [governmental entities] ..., as described in section 471.59, subdivision 1." Based on this authority, the commissioner of Administration, through the Materials Management Division (MMD), enters into a joint powers agreement that designates MMD as the authorized purchasing agent for the governmental entity. It is not legal for governmental entities that are not members of the CPV program to purchase from a State contract. Vendors are free to respond to other solicitations with the same prices they offer under a contract, but that is not considered use of the "State contract price." "Cumulative Volume Discount" means a contractual, cumulative, permanent volume discount based on dollars resulting from the cumulative purchases by all governmental purchasers for the duration of the Master Price Agreement. "Documentation" refers to manuals, handbooks, and other publications listed in the PSS, or supplied with products listed in the PSS, or supplied in connection with services. Documentation may be provided on magnetic media or may be downloaded from the Contractor's web site. "E-Rate" is a program sponsored by the Federal Communications Commission whereby educational and other qualifying institutions may purchase authorized technology at reduced prices. "Educational Discount Price" means the price offered in a nationally announced promotion, which is limited to educational customers only. "Equipment" " means workstations, desktop, laptop (includes Tablet PC's), handheld (PDA) devices, projectors, servers, printers, monitors, computing hardware, including upgrade components such as memory, storage drives, and spare parts. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in this RFP or subsequent contracts. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. "FCC" means the Federal Communications Commission or successor federal agency. In the event of deregulation, this term applies to one or more state regulatory agencies or other governing bodies charged to perform the same, or similar, role. "General Price Reduction Price" means the Contractor retail price reduction offered to consumer, business or governmental purchasers. General Price reduction prices will be reflected in the PSS as soon as practical. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 3 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "Lead State" means the State conducting this cooperative solicitation and centrally administering any resulting Master Price Agreement(s). For this Master Price Agreement, the Lead State is Minnesota. "Mandatory" The terms "must" and "shall" identify a mandatory item or factor. "Manufacturer" means a company that, as its primary business function, designs, assembles, owns the trademark/patent and markets computer equipment including workstations, desktop computers, laptop (includes Tablet PC's) computers, handheld (PDA) devices, servers, printers, and storage solutions/auxiliary storage devices. The manufacturer must provide direct un-infringed unlimited USA OEM warranties on the products. The manufacturer's names) shall appear on the computer equipment. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Master Price Agreement" means the contract that MMD will approve that contains the foundation terms and conditions for the acquisition of the Contractor's products and/or services by Purchasing Entities. The "Master Price Agreement" is a permissive price agreement. In order for a Purchase Entity to participate in a Master Price Agreement, the appropriate state procurement official or other designated procurement official must be a Participating State or Participating Entity. "Materials Management Division" or "MMD" means the procurement official for the State of Minnesota or a designated representative. "NASPO" means the National Association of State Procurement Officials "Participating Addendum" or "Participating Addenda" means a bilateral agreement executed by the Contractor and a Participating State or political subdivision of a State that clarifies the operation of the price agreement for the State or political subdivision concerned, e.g. ordering procedures specific to a State or political subdivision and other specific language or other requirements. Terms and conditions contained in a Participating Addendum shall take precedence over the corresponding terms in the master price agreement. Additional terms and conditions, including but not limited to payment terms, may be added via the Participating Addendum. However, a Participating Addendum may not alter the scope of this Agreement or any other Participating Addendum. Unless otherwise specified, the Participating Addendum shall renew consecutively with the Master Price Agreement. One digitally formatted, executed copy of the Participating Addendum must be submitted to the WSCA/NASPO Contract Administrator PRIOR to any orders being processed. "Participating State" or "Participating Entity" means a member of NASPO (Participating State) or a political subdivision of a NASPO member (Participating Entity) who has indicated its intent to participate by signing an Intent to Participate, where required, or another state or. political subdivision of another state authorized by the WSCA Directors to be a party to the resulting Master Price Agreement. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 4 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "PDA" means a Personal Digital Assistant and refers to a wide variety of handheld and palm -size PCs, and electronic organizers. PDA's usually can store phone numbers, appointments, and to-do lists. PDA's can have a small keyboard, and/or have only a special pen that is used for input and output. The PDA can also have a wireless fax modem. Files can be created on a PDA which is later entered into a larger computer. NOTE: For this procurement, all Tablet PC's are NOT considered PDA's. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Peripherals" means any product,that can be attached to, added within, or networked with personal computers or servers, including but not limited to storage, printers (including multifunction network printers), scanners, monitors, keyboards, projectors, uninterruptible power supplies and accessories. Software, as defined in the RFP, is not considered a peripheral. Adaptive/Assistive technology devices are included as well as configurations for education. Peripherals may be manufactured by a third party, however, Contractor shall not offer any peripherals manufactured by another contractor holding a Master Price Agreement without the prior approval of the WSCA/NASPO Contract Administrator. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in the contract. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Permissive Price Agreement" means that placement of orders through the Price Agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the Price Agreement without using statutory or regulatory procedures (e.g., invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the Price Agreement as long as applicable procurement statutes and rules are followed. "Per Transaction Multiple Unit Discount" means a contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Purchasing Entity or multiple entities conducting a cooperative purchase. "Political Subdivision" means local pubic governmental subdivisions of a state, as defined by that state's statutes, including instrumentalities and institutions thereof. Political subdivisions include cities, counties, courts, public schools and institutions of higher education. "Price Agreement/Master Price Agreement" means an indefinite quantity contract that requires the Contractor to furnish products or services to a Purchasing Entity that issues a valid Purchase Order. "Procurement Manager" means the person or designee authorized by MMD to manage the relationships with WSCA, NASPO, and Participating States/Participating Published: February 9, 2004 REQUEST FOR PROPOSAL Page 5 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Entities. "Product(s)" means personal computer equipment, peripherals, LAN hardware, pre - loaded Software, and Network Storage devices, but not unrelated services. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Products and Services Schedule Prices" or "PSS" refers to a complete list, grouped by major product andlor service categories, of the Products and services provided by the contractor that consists of an item number, item description and the Purchasing Entity's price for each Product or Service. All such Products and services shall be approved by the WSCA/NASPO Contract Administrator prior to being listed on a Contractor -supplied web site accessed via a URL. The Contractor(s) shall provide the warranty service and maintenance for all equipment listed on the PSS on a Master Price Agreement as well as a Takeback Program. "Purchase Order" means an electronic or paper document issued by the Purchasing Entity that directs the Contractor to deliver Products or Services pursuant to a Price Agreement. "Purchasing Entity" means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited by statute, in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and authorized to purchase the goods and/or services described in this solicitation. "Refurbished Products" are products that may have been powered on or used by another customer that have been fully retested, defective parts replaced, and repackaged to meet original factory specifications. "Services" are broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Price Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. General consulting and all forms of application development and programming services are excluded. "Servicing Subcontractor/Subcontractor/Reseller Agent" means a Contractor authorized and state -approved subcontractor who may provide local marketing support or other authorized services on behalf of the Contractor in accordance with the terms and conditions of the Contractor's Master Price Agreement. A wholly owned subsidiary or other company providing warranty or other technical support services qualifies as a Servicing Subcontractor. Local business partners may qualify as Servicing Subcontractors. Servicing Subcontractors may not directly accept Purchase Published: February 9, 2004 REQUEST FOR PROPOSAL Page 6 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Orders or payments for Products or Services from Purchasing Entities, unless otherwise provided for in a Participating Addendum. Servicing Subcontractors shall be named individually or by class in the Participating Addendum. The Contractor(s) actually holding the Master Price Agreement shall be responsible for Servicing Subcontractor's providing products and services, as well as warranty service and maintenance for equipment the subcontractor has_ provided on a Master Price Agreement as well as the Takeback Program. "Standard Configurations" or "Premium Savings Configurations (Packages)" means deeply discounted standard configurations that are available to Purchasing Entities using the Master Price Agreement only. Any entity, at any time, that commits to purchasing the Premium Savings Configurations shall receive the same price from the contract awardees. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. "State Procurement Official" means the director of the central purchasing authority of a state. "Storage Solution/Auxiliary Storage" means the technology and equipment used for storage of large amounts of data or information. This includes technologies such as: Network Attached Storage (NAS) and Storage Area Networks (SAN). The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Takeback Program" means the Contractor's process for accepting the return of the equipment or other products at the end of life —as determined by the State utilizing the Master Price Agreement. "Trade In" refers to the exchange of used Equipment for new Equipment at a price reduced by the value of the used Equipment. "Travel" means expenses incurred by authorized personnel directly related to the performance of a Service. All such expenses shall be documented in a firm quotation for the Purchasing Entity prior to the issuance and acceptance of a Purchase Order. Travel expenses will be reimbursed in accordance with the purchasing entities allowances, if any, as outlined in the PA. "Universal Resource Locator" or "URL" means a standardized addressing scheme for accessing hypertext documents and other services using the WWW browser. "WSCA" means the Western States Contracting Alliance, a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 7 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "WSCA/NASPO Contract Administrator" means the person or designee authorized by MMD to manage all actions related to the Master Price Agreements on behalf of the State of Minnesota, the participating NASPO and WSCA members, and other authorized purchasers. 2. Scope of Work The Contractor, or its approved subcontractor, shall deliver computing system Products and services to Purchasing Entities in accordance with the terms of this agreement. This Agreement is a "Master Price Agreement". Accordingly, the Contractor shall provide Products or Services only upon the issuance and acceptance by Contractor of valid "Purchase Orders". Purchase Orders may be issued to purchase the license for software or to purchase products listed on the Contractor's PSS. A Purchasing Entity may purchase any quantity of Product or Service listed in the Contractor's PSS at the prices in accordance the Paragraph 13, Price Guarantees. Subcontractor participation is governed by the individual Participating State procurement official. The Contractor is required to provide and/or agree to take responsibility for the manufacturer's warranty and maintenance of all proposed equipment, including peripherals. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes and responds to those calls, and Contractor shall take responsibility to fulfill warranty as purchased with product. The Contractor shall offer a Takeback Program for all products covered by this Agreement. 3. Title Passage The Contractor must pass unencumbered title to any and all products purchased under this Contract upon receipt of product by the State. This obligation on the part of the Contractor to transfer all ownership rights does not apply to proprietary materials owned or licensed by the Contractor or its subsidiaries, subcontractors or licensor, or to unmodified commercial software that is available to the State on the open market. Ownership rights to such materials shall not be affected in any manner by this Agreement 4. Permissive Price Agreement and Quantity Guarantee This Agreement is not an exclusive agreement. Purchasing Entities may obtain computing system Products and services from other sources during the agreement term. The State of Minnesota, NASPO and WSCA make no express or implied warranties whatsoever that any particular number of Purchase Orders will be issued or that any particular quantity or dollar amount of Products or Services will be procured. 5. Order of Precedence Each Purchase Order that is accepted by the Contractor shall become a part of the Agreement as to the Products and services listed on the Purchase Order only; no additional terms or conditions will be added to this Agreement as the result of acceptance of a Purchase Order. The Contractor agrees to accept all valid Purchase Orders. In the event of any conflict among these documents, the following order of precedence shall apply: Published: February 9, 2004 REQUEST FOR PROPOSAL Page 8 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. Executed Participating Addendum(s); B. Terms and conditions of this Agreement; C. Exhibits and amendments to this Agreement; D. The list of products and services contained in the purchase order; E. The request for proposals document; and F. Contractor's proposal including best and final offer. 6. Payment Provisions All payments under this Agreement are subject to the following provisions: A. Acceptance A Purchasing Entity shall determine whether all Products and services delivered meet the Contractor's published specifications. No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within fifteen (15) calendar days of non -acceptance of a product or service; otherwise the Products or Services shall be deemed accepted B. Payment of Invoice Payments shall be submitted to the Contractor at the address shown on the invoice, as long as the Contractor has exercised due diligence in notifying the State of Minnesota and/or the Purchasing Entity of any changes to that address. Payment shall be made within 30 days following receipt of an invoice. The ordering entity is not required to pay the Contractor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity. In addition, all goods and/or services provided must meet all terms, conditions, and specifications of the Contract and other ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. Payments may be made via a Purchasing Entity's "Purchasing Card" at the time of order placement only. In the event an order is shipped incomplete (partial), the Purchasing Entity shall pay for each shipment as invoiced by the Contractor unless the Purchasing Entity has clearly specified "No Partial Shipments" on each Purchase Order. C. Payment of Taxes Payment of taxes for any money received under this agreement shall be the Contractor's sole responsibility and shall be reported under the Contractor's federal and state tax identification numbers. If a Purchasing Entity is not exempt from sales, gross receipts, or local option taxes for the transaction, the Contractor shall be reimbursed by the Purchasing Entity to the extent of any tax liability assessed. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 9 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The State of Minnesota State agencies are subject to paying Minnesota sales and use taxes. Taxes for State agencies will be paid directly to the Department of Revenue using Direct Pay Permit #1114. D. Invoices Invoices shall be submitted to the Purchasing Entity at the address shown on the Purchase Order. Invoices shall match the total amount for each configuration on the Purchase Order. 7. Agreement Term Pursuant to Minnesota law, the term of this Agreement shall be effective upon the date of final execution by the State of Minnesota, through August 31, 2012. The Agreement may be mutually renewed for two (2) additional one-year terms, or one additional two-year term, unless terminated pursuant to the terms of this Agreement. 8. Termination The following provisions are applicable in the event that the agreement is terminated. A. Termination for Convenience At any time, the State may _terminate this agreement, in whole or in part, by giving the Contractor (30) days written notice; provided, however, neither the State nor a Purchasing Entity has the right to terminate a specific purchase order for convenience after it has been issued if the product is ultimately accepted. At any time, the Contractor may terminate this Agreement, in whole or in part, by giving the WSCA/NASPO Contract Administrator sixty (60) days written notice. Such termination shall not relieve the Contractor of warranty or other Service obligations incurred under the terms of this Agreement. In the event of a cancellation, the Contractor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed and accepted. B. Termination for Cause Either party may terminate this Agreement for cause based upon material breach of this Agreement by the other party, provided that the non -breaching party shall give the breaching party written notice specifying the breach and shall afford the breaching party a reasonable opportunity to correct the breach. If within thirty (30) days after receipt of a written notice the breaching party has not corrected the breach or, in the case of a breach that cannot be corrected in thirty (30) days, begun and proceeded in good faith to correct the breach, the non -breaching party may declare the breaching party in default and terminate the Agreement effective immediately. The non -breaching party shall retain any and all other remedies available to it under the law. C. A Purchasing Entity's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall retain its rights in all Products and services accepted Published: February 9, 2004 REQUEST FOR PROPOSAL Page 10 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials prior to the effective termination date. D. The Contractor's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall pay the Contractor all amounts due for Products and services ordered and accepted prior to the effective termination date or ordered before the effective termination date and ultimately accepted. 9. Non -Appropriation The terms of this Agreement and any purchase order issued for multiple years under this Agreement is contingent upon sufficient appropriations being made by the Legislature or other appropriate governing entity. Notwithstanding any language to the contrary in this Agreement or in any purchase order or other document, a Purchasing Entity may terminate its obligations under this Agreement, if sufficient appropriations are not made by the governing entity at a level sufficient to allow for payment of the goods or services due for multiple year agreements, or if operations of the paying entity are being discontinued. The Purchasing Entity's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final and binding. A Purchasing Entity shall provide sixty (60) days notice, if possible, of its intent to terminate for reason cited above. Such termination shall relieve the Purchasing Entity, its officers and employees from any responsibility or liability for the payment of any further amounts under the relevant Purchase Order. 10. Shipment and Risk of Loss A. All deliveries shall be F.O.B. destination, prepaid and allowed, with all transportation and handling charges included in the price of the product and paid by the Contractor. Responsibility and liability for loss or damage shall remain with the Contractor as long as the Contractor designates the carrier, until delivery to the identified ship -to address, when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. B. Whenever a Purchasing Entity does not accept Products due to missing, damaged, defective, incorrect order and returns them to the Contractor, all related documentation furnished by the Contractor shall be returned also. Unless otherwise agreed upon by the Purchasing Entity, the Contractor is responsible for the return shipping cost of returned Products. The Contractor shall bear all risk of loss or damage with respect to returned Products due to missing, damaged, defective and incorrect order, except for loss or damage directly attributable to the negligence of the Purchasing Entity. C. Unless otherwise arranged between the Purchasing Entity and Contractor, all Products shall be shipped within 14 to 30 days after receipt of a purchase order, by a reliable and insured shipping company. 11. Warranties Published: February 9, 2004 REQUEST FOR PROPOSAL Page 11 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor agrees to warrant and assume responsibility for each Product that it licenses, or sells, to the Purchasing Entity under this Agreement. The Contractor agrees to take legal responsibility for the warranty and maintenance of all products furnished through this Agreement. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes, and responds to those calls. The Contractor acknowledges that the Uniform Commercial Code applies to this Agreement. In general, the Contractor warrants that: 1. The Product conforms to the specific technical information about the Contractor's products which is published in the Contractor's product manuals or data sheets, or as listed on Contractor's website. 2. The product will meet mandatory specifications provided in writing to the Contractor prior to reliance by the Participating Entity on the Contractor's skill or judgment when it advised the Purchasing Entity about the Product's ability to meet those mandatory specifications. 3. The Product will be suitable for the ordinary purposes for which such Product is intended, 4. The Product has been properly designed and manufactured for its intended use, and 5. The Product is free of significant defects in material and workmanship, or unusual problems about which the Purchasing Entity has not been warned. 6. The warranty on all Products begins on the date of the title transfer as described in Article 10. 7. Exhibit A contains additional warranties in effect as of the date of this Agreement. The warranties will be limited in duration to the time period(s) provided in Exhibit A. The warranties will not apply to use of a Product other than as anticipated and intended by the Contractor, to a problem arising after changes or modifications to the Products or operating system by any party other than the Contractor (unless expressly authorized in writing by the Contractor), or the use of a Product in conjunction or combination with other products or software not authorized by the Contractor. The following is a list of the warranties attached as Exhibit A: a) ProSupport for IT b) ProSupport for End Users c) CompleteCare B. Contractor may modify the warranties described in Exhibit A from time to time with the prior notice of the WSCA/NASPO Contract Administrator. C. Warranty documents for Products manufactured by a third party shall be Published: February 9, 2004 REQUEST FOR PROPOSAL Page 12 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials delivered to the Purchasing Entity with the Products as provided by the Manufacturers. D. The basic warranty offered shall be three year, next business day, as stated in Appendix B of the RFP, for all products included in the Bands listed in Article 14 Products and Services Schedule. 12. Patent, Copyright, Trademark and Trade Secret Indemnification A. The Contractor shall defend, at its own expense, the State of Minnesota, Participating and Purchasing Entities and their agencies against any claim that any Contractor Branded Product or Contractor Branded Service provided under this Agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a Purchasing Entity based upon the Contractor's trade secret infringement relating to any Contractor Branded Product or Contractor Branded Service provided under this Agreement, the Contractor agrees to reimburse the Lead State for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the Lead State or Participating or Purchasing Entity shall: 1. Give the Contractor prompt written notice of any claim; 2. Allow the Contractor to control the defense or settlement of the claim; and 3. Cooperate with the Contractor in a reasonable way to facilitate the defense or settlement of the claim. B. If any Products or Service becomes, or in the Contractor's opinion is likely to become the subject of a claim of infringement, the Contractor shall at its option and expense: 1. Provide a Purchasing Entity the right to continue using the Products or Services; 2. Replace or modify the Products or Services so that it becomes non - infringing; or 3. Accept the return of the Products or Service and refund an amount equal to the depreciated value of the returned Products or Service, less the unpaid portion of the purchase price and any other amounts, which are due to the contractor. The Contractor's obligation will be void as to any Products or Services modified by the Purchasing Entity to the extent such modification is the cause of the claim. C. The Contractor has no obligation for any claim of infringement arising from: 1. The Contractor's compliance with the Purchasing Entity's or by a third party on the Purchasing Entity's behalf designs, specifications, or instructions; Published: February 9, 2004 REQUEST FOR PROPOSAL Page 13 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western States Contracting Alliance and the National Association of State Procurement Officials 2. The Contractor's use of technical information or technology provided by the Purchasing Entity; 3. Product modifications by the Purchasing Entity or a third party; 4. Product use prohibited by Specifications or related application notes; or 5. Product use with products that are not the Contractor branded. 6. Non -Contractor Branded Product offerings — with respect to any claim that Non -Contractor Branded product(s) infringes upon another person's or entity's patent, copyright, trade secret or other intellectual property rights in the United States. Contractor agrees to pass through to the appropriate Purchasing Entity any rights to indemnification protection for which Contractor currently or subsequently has an agreement in place with the potentially infringing equipment manufacturer/entity. 13. Price Guarantees The Purchasing Entities shall pay the lower of the prices contained in the PSS or an Announced Promotion Price, Educational Discount Price, General Price Reduction price, Trade -In price, Standard Configuration price or Per Transaction Multiple Unit Discount. Only General Price Reduction price decreases will apply to all subsequent Purchase Orders accepted by Contractor after the date of the issuance of the General Price Reduction prices. The initial base -line, Cumulative, and Per Transaction Multiple Unit Discounts shall be submitted by the Contractor in a format agreeable to both parties prior to signing the Agreement. Once a cumulative volume has been reached, the increased price discount will apply to all future orders, until the next level of cumulative volume is reached. 14. Product and Service Schedule The Contractor agrees to maintain the PSS in accordance with the following provisions: A. The PSS prices for Products and services will conform to the guaranteed prices discount levels on file with WSCAINASPO Contract Administrator for the following Products: Band 1 — Servers Band 2 — Workstations Band 3 — Printers Band 4 — Storage Solutions Band 5 — PDAs Band 6 — Instructional Packages (Bundles) Band 7 — Monitors Operating Systems Local Area Networks Published: February 9, 2004 REQUEST FOR PROPOSAL Page 14 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Digital Projectors B. The Contractor may change the price of any Product or Service at any time, based upon documented baseline price changes, but the guaranteed price discount levels shall remain unchanged during the agreed period unless or until prior approval is obtained from the WSCA/NASPO Contract Administrator. The Contractor agrees that the PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. C. The Contractor may make model changes; add new Products, and Product upgrades or Services to the PSS in accordance with Item 15. Product Substitutions, below. The pricing for these changes shall incorporate, to the extent possible, comparable price discount levels approved by the WSCA/NASPO Contract Administrator for similar Products or Services. D. The Contractor agrees to delete obsolete and discontinued Products from the PSS on a timely basis. E. The Contractor shall maintain the PSS on a Contractor supplied Internet web site. 15. Product Substitutions A. Substitution of units/configurations MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting contracts. Substitution of different units and configurations will be permitted with the prior written approval of the WSCA/NASPO Contract Administrator. This substitution is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA/NASPO Contract Administrator. B. Addition of units/configurations MMD and the WSCA Directors acknowledge that with the evolution of technology, new, emerging units and configurations will develop. Addition of these new, emerging units may be permitted, with the prior approval of the WSCA/NASPO Contract Administrator and the WSCA Directors. The addition of new, emerging units and configurations is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA Directors. 16. Technical Support The Contractor agrees to maintain a toll -free technical support telephone line. The line shall be accessible to Purchasing. Entity personnel who wish to obtain competent technical assistance regarding the installation or operation of Products supplied by the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 15 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contractor during a product warranty period or during a support agreement. 17. Takeback and Other Environmental Programs The Contractor agrees to maintain for the term of this Agreement, and all renewals/extensions thereof, programs as described in the following paragraphs. A. Takeback/Recycling of CPUs, servers, monitors, flat panel displays, notebook computers, and printers. Costs are list on the web site. B. Environment: Compliance with the following standards: Blue Angel, EcoLogo, Energy Star, EPEAT (by level), Green Guard, Nordic Swan, and TCO. C. Product labeling of compliance with Items B & C above, as well as a identification of such information on the web site. 18. Product Delivery Contractor agrees to deliver Products to Purchasing Entities within 14-30 days after receipt of a valid Purchase Order, or in accordance with the schedule in the Purchasing Entity's Purchase Order. 19. Force Majeure Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot , industry -wide constraints or other catastrophes beyond the reasonable control (each a "Force Majeure event") of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party not performing due to a Force Majeure event under this provision must provide the other party prompt written notice of the Force Majeure event and take all necessary steps to bring about performance as soon as practicable. 20. Records and Audit Per Minn. Stat. § 16C.05, Subd. 5, the books, records, documents, and accounting procedures and practices of the Contractor and its employees, agents, or subcontractors relevant to the Contract or transaction must be made available and subject to examination by the contracting agency or its agents, the Legislative Audit and/or the State Auditor for a minimum of six years after the end of the Contract or transaction. Unless otherwise required by other than Minnesota Purchasing Entity governing law, such records relevant to other Purchasing Entity transactions shall be subject to examination by appropriate government authorities for a period of three years from the date of acceptance of the Purchase Order. 21. Independent Contractor The Contractor and its agents and employees are independent contractors and are not employees of the State of Minnesota or of any participating entity. The Contractor has Published: February 9, 2004 REQUEST FOR PROPOSAL Page 16 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials no authorization, express or implied to bind the Lead State, NASPO, WSCA or any participating entity to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for the Lead State, NASPO, WSCA, or participating entity, except as expressly set forth herein. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the Lead State or Participating Entity as a result of this Agreement. 22. Use of Servicing Subcontractors The Contractor may subcontract services and purchase order fulfillment and/or support in accordance with the following paragraphs. However, the Contractor shall remain solely responsible for the performance of this Agreement. A. Reseller Agent, Agent, Service Provider or Servicing Subcontractors shall be identified individually or by class in the applicable Participating Addendum, or as noted in the Participating Addendum on the Purchasing Entities extranet site. The ordering and payment process for Products or Services shall be defined in the Participating Addendum. 23. Payments to Subcontractors In the event the Contractor hires subcontractors to perform all or some of the duties of this Contract, the Contractor understands that in accordance with Minn. Stat. § 16A.1245 the Contractor shall, within ten (10) days of the Contractor's receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontract that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney's fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under this Contract. In the event the Contractor fails to make timely payments to a subcontractor, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there are not remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The Contractor shall ensure that the subcontractor transfers all intellectual or industrial Published: February 9, 2004 REQUEST FOR PROPOSAL Page 17 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials property rights, including but not _limited to any copyright it may have in the work performed under this Contract, consistent with the intellectual property rights and ownership sections of this Contract. In the event the Contractor does not obtain the intellectual property rights of the subcontractor consistent with the transfer of rights under this Contract, the State may acquire such rights directly from the subcontractor. Any and all costs associated with such a direct transfer may be deducted from any amount due the Contractor. 24. Indemnification, Hold Harmless and Limitation of Liability A. The Contractor shall hold the Lead State, Participating Entities and its agencies and employees harmless and shall indemnify the Lead State, Participating Entities and its agencies and employees against any and all claims, suits, actions, liabilities and costs of any kind, including reasonable attorney's fees for personal injury or damage to real property or tangible personal property arising from the negligent or willful acts or omissions of the Contractor, its agents, officers, employees or subcontractors. The State agrees that the Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $2,000,000. B. Contractor shall not be liable for damages that are the result of negligence by the Lead State, Participating Entity, or its employees. To the maximum extent permitted by applicable state law, Purchasing Entities agree to be responsible for their own acts, errors, or omissions pertaining to this indemnification provision. C. Additional representations For acquisition of Services, the following additional terms shall apply. To the extent permitted by law, a Participating Entity accepts responsibility for and represents and warrants that: (a) the Participating Entity has obtained the appropriate license, intellectual property rights, or any other permissions required to support any Service Description, SOW, or Technical Specification Form signed by the Parties, or Contractor's performance of the Services, including the right to make any copies or Reproductions of any Participating Entity -provided software, (b) the Participating Entity's representations regarding the existence of an export license or the eligibility for export of software without a license are accurate, or (c) that Contractor shall not be held liable for the effect (if any) on the Participating Entity's third -party product warranties caused by having Contractor perform services on such third -party Products. The Contractor's liability under the contract for any cause whatsoever shall be limited to an aggregate amount of $2,000,000. The foregoing limitation does not apply to Articles 12 and 24 A through 24 C of this Agreement or to damages resulting from personal injury caused by the Contractor's negligence. In no event shall the Contractor be liable for any indirect, special, punitive, or consequential damages arising out of this Agreement or the use of the Products or Services purchased by the Purchasing Entity hereunder. 25. Amendments Published: February 9, 2004 REQUEST FOR PROPOSAL Page 18 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contract amendments shall be negotiated by the State with the Contractor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. This Agreement shall be amended only by written instrument executed by the parties. An approved Contract amendment means one approved by the authorized signatories of the Contractor and the State as required by law. 26. Scope of Agreement This Agreement incorporates all of the agreements of the parties concerning the subject matter of this Agreement. No prior agreements, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 27. Severability If any provision of this Contract, including items incorporated by reference, is found to be illegal, unenforceable, or void, by a court of competent jurisdiction then both the State and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of this Contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed. 28. Enforcement of Agreement/Waivers A. No covenant, condition, duty, obligation, or undertaking contained in or made a part of this Contract shall be waived except by the written consent of the parties. Forbearance or indulgence in any form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the other party. Until complete performance or satisfaction of all such covenants, conditions, duties, obligations, and undertakings, the other party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence. B. Waiver of any breach of any provision of this Contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this Contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. C. Neither party's failure to exercise any of its rights under this Contract will constitute or be deemed a waiver or forfeiture of those rights. 29. Web Site Maintenance A. The Contractor agrees to maintain and support an Internet website linked to the State's administration website for access to the PSS, service selection assistance, problem resolution assistance, billing concerns, configuration assistance, Product descriptions, Product specifications and other aids described in the RFP, and/or in accordance with instructions provided by the WSCA/NASPO Contract Administrator. The Contractor agrees that the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 19 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials approved PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. B. The Contractor agrees to maintain and support Participating State and Entity Internet websites for access to the specific Participating Entity PSS, as well as all other items listed in Item 29A. above. The website shall have the ability to hold quotes for 45 days, as well as the ability to change the quote. C. The Contractor may provide electronic commerce assistance for the electronic submission of Purchase Orders, purchase order tracking and reports. D. Once the website is approved, the Contractor may not make changes to the website without notifying the WSCA/NASPO Contract Administrator and receiving written approval of the changes. 30. Equal Opportunity Compliance The Contractor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which its primary place of business is located. In accordance with such laws, regulations, and executive orders, the Contractor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by the contractor under this Agreement. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these deficiencies. The Contractor certifies that it will remain in compliance with Minn. Stat. § 363.073 during the life of the Contract. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the Lead State. The construction and effect of any Participating Addendum or order against this Agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity's state. Venue for any claim, dispute or action concerning the construction and effect of the Agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against this Agreement or the effect of a Participating Addendum or shall be in the Purchasing Entity's state. 32. Change in Contractor Representatives Contractor shall appoint a primary representative to work with the WSCA/NASPO Contract Administrator to maintain, support and market this Agreement. The Contractor shall notify the WSCA/NASPO Contract Administrator of changes in any Published: February 9, 2004 REQUEST FOR PROPOSAL Page 20 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contractor key personnel, in writing, and in advance if possible. The State reserves the right to require a change in Contractor's then -current primary representative if the assigned representative is not, in the opinion of the State, adequately serving the needs of the Lead State and the Participating Entities. 33. Release The Contractor, upon final payment of the amount due under this Agreement, releases the Lead State and Participating Entities, its officers and employees, from all contractual liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the Lead State or any Participating Entity to any obligation, unless the Contractor has express written authority to do so, and then only within the strict limits of the authority. 34. Data Practices A. The Contractor and the State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (and where applicable, if the state contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contractor and all data provided to the State by the Contractor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained or disseminated by the Contractor in accordance with this Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). B. In the event the Contractor receives a request to release the data referred to in this article, the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contractor or the State. C. The Contractor agrees to indemnify, save, and hold the State of Minnesota, its agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contractor subcontracts any or all of the work to be performed under the Contract, the Contractor shall retain responsibility under the terms of this paragraph for such work. 35. Organizational Conflicts of Interest Published: February 9, 2004 REQUEST FOR PROPOSAL Page 21 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are not relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contractor is unable or potentially unable to render impartial assistance or advice to the State; • the Contractor's objectivity in performing the work is or might be otherwise impaired; or • the Contractor has an unfair competitive advantage. B. The Contractor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management. Division that shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the WSCA/NASPO Contract Administrator, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract," "Contractor," and "WSCA/NASPO Contract Administrator" modified appropriately to preserve the State's rights. 36. Replacement Parts Unless otherwise restricted in a Participating Addendum or maintenance service agreement, replacement parts may be manufacturer -certified refurbished parts carrying USA OEM warranties. 37. FCC Certification The Contractor agrees that Equipment supplied by the Contractor meets all applicable FCC Certifications. Improper, falsely claimed or expired FCC certifications are grounds for termination of this Agreement for cause. 38. Site Preparation A Purchasing Entity shall prepare and maintain its site in accordance with written instructions furnished by the Contractor prior to the scheduled delivery date of any Products and shall bear the costs associated with the site preparation. 39. Assignment The Contractor shall not sell, transfer, assign, or otherwise dispose of this Contract or Published: February 9, 2004 REQUEST FOR PROPOSAL Page 22 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials any portion hereof or of any right, title, or interest herein without the prior written consent of the State's authorized agent. Such consent shall not be unreasonably withheld. The Contractor shall give written notice to the State's authorized agent of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of this Contract. Failure to do so may result in the Contractor being held in default. This consent requirement includes reassignment of this Contract due to a change in ownership, merger, or acquisition of the Contractor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contractor's right to assign this Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contractor shall remain solely liable for all performance required and provided under the terms and conditions of this Contract. 40. WSCA/NASPO Contract Administrator The State shall appoint an WSCA/NASPO Contract Administrator whose duties shall include but not be limited to the following: A. The WSCA/NASPO Contract Administrator may provide instructions concerning the contents of the Contractor's website. B. The WSCA/NASPO Contract Administrator will facilitate dispute resolution between the Contractor and Purchasing Entities. Unresolved disputes shall be presented to the State for resolution. C. The WSCA/NASPO Contract Administrator shall promote and support the use of this Agreement by NASPO members and other Participating Entities. D. The WSCA/NASPO Contract Administrator shall advise the State regarding the Contractor's performance under the terms and conditions of this Agreement. E. The WSCA/NASPO Contract Administrator shall receive and approve quarterly price agreement utilization reports and the administration fee payments. F. The WSCA/NASPO Contract Administrator shall periodically verify the Product and Service prices in the PSS conform to the Contractor's volume price and other guarantees. The WSCA/NASPO Contract Administrator may require the Contractor to perform web site audits to accomplish this task. G. The WSCA/NASPO Contract Administrator shall conduct annual Contractor performance reviews. H. The WSCA/NASPO Contract Administrator shall maintain an Agreement administration website containing timely and accurate information. 41. Survival The following rights and duties of the State and Contractor will survive the expiration or cancellation of the resulting Contract. These rights and duties include, but are not limited to Paragraph 12. Patent, Copyright, Trademark and Trade Secret Indemnification; Paragraph 20. Records and Audit; Paragraph 24. Indemnification, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 23 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Hold Harmless, and Limitation of Liability; Paragraph 31, Governing Law; Paragraph 34. Data Practices; and Paragraph 52. Right to Publish. 42. Succession This Agreement shall be entered into and be binding upon the successors and assigns of the parties. 43. Notification A. If one party is required to give notice to the other under the Contract, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices shall be addressed as follows: To MMD: Department of Administration Materials Management Division Bernadette Kopischke, CPPB Acquisitions Supervisor 50 Sherburne Avenue 112 State Administration Building St. Paul, MN 55155 Fax: 651.297.3996 Email: bernie.kopischke@state.mn.us To Contractor: Dell Marketing L.P. Attention: Public Contracts Stephanie D. Shipp One Dell Way, RR8-8707 Round Rock, TX 78682 Email: stephanie shipp@dell.com 44. Reporting and Fees A. Administration Reporting and Fees 1. The Contractor agrees to provide monthly utilization reports to the WSCAINASPO PC Contracts Reporting person and the WSCAINASPO Contract Administrator by the 15th of the month following the end of the previous month. (Ex. Purchases during January are reported by the 15th of February; purchases made during February are reported by the 15th Published: February 9, 2004 REQUEST FOR PROPOSAL Page 24 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials of March; etc.). The report shall be in the format developed by the Lead State and supplied to the Contractor. 2. The Contractor agrees to provide quarterly Administrative Fee check payable to WSCA/NASPO for an amount equal to one -twentieth of one percent (0.0005) of the net sales for the period. The form to be submitted with the check, as well as the mailing address, has been supplied to the Contractor. Payment shall be made in accordance with the following schedule: Period End Fee Due June 30 July 31 September 30 October 31 December 31 January 31 March 31 April 30 3. The Contractor agrees to include all Reseller Agent sales in the monthly utilization reports described above. In addition, the Contractor agrees to provide a supplemental Reseller Agent utilization report of the net sales for the period subtotaled by Purchasing Entity name, within Purchasing Entity state name by Reseller Agent Name. 4. The Contractor agrees to provide with the utilization report as well as a supplemental report of the number and type of units taken back in a format to be mutually agreed to. Contractor agrees to add EPEAT and/or Energy Start environmental information to utilization reports as the information becomes available as consumable reporting data. 5. The utilization reports shall be submitted to the WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract Administrator via electronic mail in a Microsoft Excel spreadsheet format, or other methods such as direct access to Internet or other databases. 6. If requested by the WSCA/NASPO Contract Administrator, the Contractor agrees to provide supporting Purchase Order detail records on mutually agreed magnetic media in a mutually agreed format. Such request shall not exceed twelve per year. 7. The failure to file the utilization reports and fees on a timely basis shall constitute grounds for the removal of the Contractor's primary representative, suspension of this Agreement or termination of this Agreement for cause. 8. The WSCA/NASPO Contract Administrator shall be allowed access to all reports from all Purchasing Entities. B. Participating Entity Reports and Fees Published: February 9, 2004 REQUEST FOR PROPOSAL Page 25 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western States Contracting Alliance and the National Association of State Procurement Officials 1. Participating Entities may require an additional fee be paid directly to the State on purchases made by Purchasing Entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments shall be incorporated in to the Participating Addendum that is made a part of this Agreement. The Contractor may adjust PSS pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of that State. All such agreements shall have no affect whatsoever on the WSCA fee or the prices paid by the Purchasing Entities outside the jurisdiction of the State requesting the additional fee. 2. Purchasing Entities will be encouraged to use the reporting format developed by the lead State for their reporting needs. However, the Contractor agrees to provide additional reports to Purchasing Entities upon agreement by both parties as to the content and delivery methods of the report. Methods of delivery may include direct access to Internet or other databases. 3. Each State Purchasing Entity shall be allowed access to reports from all entities within that State. 45. Default and Remedies A. Any of the following shall constitute cause to declare this Agreement or any order under this Agreement in default: 1. Nonperformance of contractual requirements; or 2. A material breach of any term or condition of this Agreement. B. A written notice of default, and an opportunity to cure within 30days of the written notification, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire Agreement), a Participating Entity (in the case of a breach of the participating addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any -liability for liquidated or other damages. C. If the default remains after the opportunity for cure, the non -defaulting party may: 1. Exercise any remedy provided by law or equity; 2. Terminate the Agreement, a Participating Addendum, or any portion thereof, including any Purchase Orders issued against the Agreement; 3. Impose liquidated damages, as specified in a Participating Addendum; 4. In the case of default by the Contractor, and to the extent permitted by the law of the Participating State or Purchasing Entity, suspend Contractor from receiving future solicitations. 5. Charge the defaulting Contractor the full increase in cost and administrative handling to purchase the equivalent product or equivalent Published: February 9, 2004 REQUEST FOR PROPOSAL Page 26 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials service from another Contractor. D. The MMD reserves the right, upon approval of the WSCA Directors, to develop and implement a step-by-step process to deal with Contractor failure to perform issues. 46. Audits A. Website Audits The Contractor agrees to assist the WSCA/NASPO Contract Administrator or designee with web site Product and pricing audits based on mutually acceptable procedures, described in Exhibit E, Audit Guidelines. The Contractor will review web pricing on a monthly basis to ensure discounts continue to be equal to or better than those required by the Agreement. 1. The product audit will closely monitor the products and services listed on the website to insure they comply with the approved products and services. The addition of products or services not approved by the WSCA/NASPO Contract Administrator will not be tolerated and may be considered a material breach of this Agreement. B. Sales Audits The Contractor further agrees to perform sales audits based on the sample formulas described in Exhibit E, Audit Guidelines. C. Upon request, the Contractor agrees to assist Participating Entities with invoice audits to ensure that the Contractor is complying with this Agreement in accordance with mutually agreed procedures set forth in the Participating Addendum. 47. Extensions If specifically authorized by provision in a Participating Addendum, Contractor may, at the sole discretion of Contractor and in compliance with the laws of the Participating State, offer Products and services to non-profit organizations, private schools, Native American governmental entities, government employees and students within the governmental jurisdiction of the entity completing the Participating Addendum with the understanding that the governmental entity has no liability whatsoever concerning payment for products or services. 48. Sovereign Immunity The State does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. 49. Ownership A. Ownership of Documents/Copyright. Any reports, studies, photographs, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 27 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials negatives, or other documents, whether in tangible or electronic forms, prepared by the Contractor in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the State and all such material shall be remitted to the State by the Contractor upon completion, termination or cancellation of the Contract. The Contractor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contractor's obligations under the Contract without the prior written consent of the State. B. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contractor conceives or originates, either individually or jointly with others, which arise out of the performance of the Contract, will remain the property of the Contractor. Where applicable, works of authorship created by the Contractor, specifically for the State shall be considered "works for hire" as defined in the U.S. Copyright Act. Nothing in the Agreement shall be construed as transferring any right, title, or interest in any of the Contractor's or their third party's confidential information, trademarks, copyrights, intellectual property or other proprietary interest. 50. Prohibition Against Gratuities A. The State may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found by the State that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor or any employee, agent, or representative of the Contractor to any officer or employee of the State with a view toward securing this Contract, or securing favorable treatment with respect to the award or amendment of this Contract, or the making of any determinations with respect to the performance of this Contract. B. The Contractor certifies that no elected or appointed official or employee of the State has benefited or will benefit financially or materially from this Contract. This Contract may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned individuals from the Contractor, its agent, or its employees. 51. Antitrust By entering into a Contract, the Contractor agrees to consider, in the Contractor's discretion, all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State, relating to the particular goods or services purchased or acquired by the State under said Contract. For any cause of action taken herein by Contractor, the State, at the State's discretion, may participate in any such action. In the event that Contractor desires to participate in such action, the Contractor shall not oppose the State's request to join such action so long as the interests/positions of the State are not adverse to the interests/positions of the Contractor. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 28 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials 52. Right to Publish A. Any publicity given to the program, publications or services provided resulting from the Contract, including but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, or its employees individually or jointly with others, or any subcontractors or resellers shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the WSCA/NASPO Contract Administrator. B. The Contractor shall not make any representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the WSCAINASPO Contract Administrator. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 53. Performance While Dispute is Pending Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under this Contract that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under this Contract, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 54. Hazardous Substances To the extent that the goods to be supplied to the Purchasing Entity by the Contractor contain or may create hazardous substances, harmful physical agents as set forth in applicable State and federal laws and regulations, the Contractor must provide the Purchasing Entity, upon request, with Material Safety Data Sheets regarding those substances (including mercury). 55. Customer SatisfactionlComplaint Resolution A. The Contractor's process for resolving complaints concerning products, support, and billing problems is attached as Exhibit B. B. The Contractor will survey its customers in each Participating State approximately two (2) months prior to the annual meeting with the Contract Administrator using, at a minimum, the survey questions provided by the State. 56. Value Added Services The Contractor is expected to provide such services as installation, training, and software imaging upon request of the Purchasing Entity. Additional Value Added Services offered by the Contractor are attached as Exhibit C. 57. E-Rate Program Published: February 9, 2004 REQUEST FOR PROPOSAL Page 29 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The Contractor's E-Rate identification number is: #143004340. E-Rate eligibility depends upon who uses the equipment, how it is used and where it is located. In general terms, equipment located on school property and that is necessary for e- mail and Internet access in classrooms is eligible for E-Rate support. The Contractor shall make every effort to continue its involvement in this program and to add products as applicable. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 30 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials IN WITNESS WHEREOF, the parties have executed this agreement as of the date of execution by the State of Minnesota Commissioner of Administration, below. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordi =nce By: Title: Ste•hanie D. Shipp Contract Strategist Date: June 11, 2009 By: .-gene McKenzie Senior Manager Contracts Date: June 11, 2009 2. MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By: o.Avta�ren., Title: Acquisitions Supervisor Date: 6 SIO� 3. COMMISSIONER OF ADMINISTRATION Or delegated representative. BY: &PA/4A buUt-V)i-t_s! Date: Original signed JUN 1 5 2009 By Brsnd0 Willard Published: February 9, 2004 REQUEST FOR PROPOSAL Page 31 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT A — ADDITIONAL WARRANTIES ProSupport for IT Designed for IT Professionals and customers with their own helpdesklservice desk facilities, ProSupport for IT has stripped out the duplication that can occur with basic support packages and delivers the elements that IT professionals need, including the entitlement for your certified IT staff to receive Dell training and accreditation in order to qualify for Fast Track Dispatch. Also NASPO/WSCA's staff benefit from: • Entitlement to enroll in Fast Track dispatch for Dell certified Customer Technicians • Direct Access to Dell Expert Centers • 24x7 Expert Center Support: ProSupport for End Users Designed for Customers with limited or no internal IT resource, ProSupport for end -users provides support in the areas that end -users typically encounter issues. The service is available 24 x 7. ProSupport for End Users also gives "Getting started" advice such as remote configuration or set up assistance associated with simple networks (including wired and wireless networks) and configuration assistance with common task small business applications such as: • Symantec Endpoint Protection • Microsoft Office • Microsoft SBS • QuickBooks �► Adobe Photoshop • Adobe Acrobat Service Options 1. Speed of Service Response Mission Critical The Mission Critical option includes either a 4 hour or 8 hour response, with the option of a 2 hour response service if your site falls within the service coverage area. Deli has 5 Global Command Centres for around the clock coverage around the world. Dell's Critical Situation Process for severity 1 incidents provides: • Ongoing, scheduled situation updates to keep you informed every step of the way • Problem replication in Dell's simulation labs (as needed) • Prioritized production in the event of a natural disaster We will also provide emergency dispatch that allows simultaneous phone and on -site troubleshooting. In addition hardware fault monitoring is available on select server and storage platforms. Same Day Response Service Same day response/4-hour on -site service includes: • After phone -based troubleshooting, a Dell -trained technician arrives on -site within 4 hours of problem determination, depending on location Published: February 9, 2004 REQUEST FOR PROPOSAL Page 32 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On -site service technicians coordinate incident resolution and troubleshooting directly with Dell's Expert Centers Specialized On -site Service Options With this module of ProSupport NASPO/WSCA can choose from a range of robust options tailored to your unique needs. Options include: • On -site Service Delivery Manager • On -site Escalation Manager • On -site Service Engineer • Scheduled On -site Service * On -site Diagnosis Service 2. Premium Proactive Maintenance A study conducted in North America during 2007 showed that a massive 70% of IT budgets and spent on ongoing operations and maintenance. Our ProSupport Proactive Maintenance services have been designed to address this expenditure by reducing the cost and complexity of ongoing maintenance. Proactive maintenance includes: • Proactively maximize availability • Help reduce unplanned downtime • Help reduce recovery time in the event of a technical incident by reducing the number of variables to diagnose and troubleshoot • Minimize maintenance costs while maximizing uptime Premium Proactive maintenance is available on select server and storage platforms. Enterprise Wide Contract A ProSupport Enterprise Wide Contract from Dell has been proven to reduce technical incidents by as much as 37%. This ProSupport option includes: • Designated Service Delivery Manager • On boarding support assessment & comprehensive planning • Monthly management reviews • Incident status and defined reporting * Dell Fast -Track dispatch (with certification) • 7x24x365 access to Dell Expert Centers • Technical training and certification program • Escalation management • Global Command Centers • Collaborative support for hardware and software • Next -Business -Day on -site service Your designated Service Delivery Manager service includes: Published: February 9, 2004 REQUEST FOR PROPOSAL Page 33 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On boarding support assessment Comprehensive planning • Monthly management reviews • Incident status and defined reporting Remote Advisory Options Remote advisory assistance is designed to support your specialized applications and solutions. It is ideal for ongoing support of Dell Infrastructure Consulting Services deployed solutions or for additional configuration and optimization needs. Customers can select remote advisory services that cover the following specialist areas: • Virtualization A Exchange • Systems Management • Storage Technology • Backup and Recovery Fast Track Dispatch Program This program is included for customers who choose the ProSupport for IT service model. Fast Track Dispatch provides the ability for certified IT staff to dispatch parts and/or labor without having to go through scripted phone troubleshooting. The necessary online technical training and certification for major Dell product families is included in the program. IT professionals have access to technical support tips and in-depth hardware and software information. Also, they have direct phone access to expert technicians who can assist with more complex issues when needed. 3. Protection CompleteCare Protect assets from inevitable mishaps with CompleteCare Accidental Damage cover to ensure an easy and flexible repair and replacement service for most accidental damage. CompleteCare helps to save time, money and resources in the event of unplanned events such as: • Spills • Drops • Breakages • Electrical surges For notebooks and mobile workstations CompleteCare Theft protection is available. CompleteCare Multi -cover provides both Accidental Damage and Theft Protection under in one easy package. CompleteCare is essential investment protection for systems that are exposed to high -risk multi -use, high mobility, multiple users and harsh environments. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 34 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT B - COMPLAINT RESOLUTION A dedicated member of your Account Team, your Sales Representative is the owner for any procurement, pricing, or supply issues that may arise. Your Sales Representative has a clearly defined escalation path for issues which includes routing them through an Inside Sales Manager, up through to the appropriate Regional Director. Your Sales Representative is directly accountable to NASPOIWSCA and will keep you apprised of issue resolution and progress. In the rare case an issue cannot be resolved through standard channels; the escalation process would be directed to the level of Sales Vice President. The Dell Account Teams provide Executive Business Reviews on a quarterly basis. This tool is like a bank statement that provides purchase history information, tracks our performance against Service Level Agreements and develops specific action plans where needed to meet your objectives. The goal is to use the benefits of our direct relationship to provide you with unprecedented accountability on the products, services and support you want and give you as proactive analysis of what's working and what's not. Invoicing Resolution Purchase order management helps Dell maintain our commitment to excellence by allowing us to process orders accurately and efficiently. In support of these goals, Dell assigns a Finance/Accounting Associate to each account. This individual is responsible for resolution of disputed invoices. The Associate will work with NASPOIWSCA's Accounts Payable, Procurement or other necessary departments to resolve disputes. Your Dell Customer Care representative will help with errors such as duplicate invoices, wrong product shipped, etc. If needed, the dedicated Finance/Accounting Associate for NASPOIWSCA will resolve billing issue. If NASPOIWSCA is set up for monthly consolidated invoicing, Dell requires that you pay undisputed item(s) and follow the above procedures for error correction. Dell provides the following solutions to customers in resolving their most common invoicing issues: If a customer didn't receive original copy in the mail, or it is delayed or lost in the customer's mailroom, Dell makes available round-the-clock access to online copies for all Dell invoices — paid and unpaid — for 24 months. The online invoices look just like the original hard -copy invoices and include service tag numbers for simplified comparisons. Dell can also provide email notification of invoices. If a customer wants one invoice per purchase order, Dell's collections team can set the customer up for consolidated invoicing. Or, if the request is just for one PO, Dell's customer care or collections team can request a manual consolidated invoice. if a customer wants their invoice to match their purchase order, Dell's customer care or collections team can request manual invoice. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 35 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT C — VALUE-ADDED SERVICES Contact Dell for further details on these programs: Custom Factory Integration Parts Replacement Program Asset Management Services Image Management Services Asset Recovery Services Managed Deployment Services Modular Services Automated Deployment Training Services Dell Virtualization Services Assessment, Design & Implementation Services Published: February 9, 2004 REQUEST FOR PROPOSAL Page 36 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT D - LEASING Individual Purchasing Entities may enter in to lease .agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The lease agreements were not reviewed or evaluated as part of the RFP evaluation process. A sample agreement can be found at: www.dell.cominaspowsca Published: February 9, 2004 REQUEST FOR PROPOSAL Page 37 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT E - AUDIT GUIDELINES Website Audits: 1. Websites need to be accurate with both pricing and part numbers 2. Manufacturers MUST have a mechanism in place for periodic and random internal auditing of pricing on the website 3. WSCA will randomly audit websites for accurate pricing 4. Upon request, Contractor will provide documentation of pricing and discounts accuracy Sales Audits Sample Guidelines Frequency: Quarterly Scope: one tenth of one percent (.001) of purchase orders — at least one if any sales, no more than 100 audits • Up to 1,000 sales = 1 audit • 10,000 sales = 10 audits • Up to 100,000 sales = 100 audits o Random sample of purchase orders -invoices • Can offer several different statistical methods for such small samples Documentation: • Contractor to test and keep documentation internally. Noting any actions to correct findings, as necessary. • Periodic summary report to WSCAINASPO containing audit findings as summary numbers ONLY Published: February 9, 2004 REQUEST FOR PROPOSAL Page 38 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Addendum to Master Price Agreement Between Dell Marketing, L.P. And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27160 Executed on: June 15, 2009 August 12, 2009 Page 1 of 2 This Master Price Agreement Addendum governs Dell Marketing, L.P. (hereinafter "CONTRACTOR") use of the NASPOWSCA name and logo during the term of this Master Price Agreement and amendments to this Master Price Agreement. CONTRACTOR may use the name and logo only as set forth below. Any use not expressly permitted herein is prohibited, and such use constitutes a material breach of the Master Price Agreement with the Lead State and all Participating States. 1. CONTRACTOR may display the NASPONVSCA name and logo on the face of the Master Price Agreement, including all electronic and hard copy versions. 2. CONTRACTOR and its subcontractors, resellers, and agents may display the NASPO/WSCA names and logos on a web site as a "click on" link to the Master Price Agreement and/or as otherwise approved for posting on the CONTRACTOR's approved NASPONVSCA website. No other use of the logos or names is permitted on any web site, except as permitted in paragraphs 1 and 3. 3. With, and only with, prior written approval of the Lead State Contract Administrator, CONTRACTOR may advertise the Master Price Agreement in publications and promotional materials aimed at state and local government entities eligible to use the Master Price Agreement. The sole focus and intent of such advertisements must be to increase participation in the Master Price Agreement. The NASPOWSCA names may be used and the logos displayed in the advertisement ONLY as it relates to the Master Price Agreement. The Lead State Contract Administrator's approval must encompass the content and appearance of the advertisement and the media in which the advertisement will appear. 4. CONTRACTOR may not make explicit or implicit representations concerning the opinion of NASPO/WSCA, the Lead State, or any Participating State regarding CONTRACTOR or its products or services. This restriction indudes general use of the NASPONVSCA names and logos NOT directly linked to or related to this Master Price Agreement. 5. CONTRACTOR must ensure that its authorized sub -contractors, authorized resellers, and/or authorized agents adhere to the terms of this Addendum, and CONTRACTOR is responsible for any breach by these entities. 6. CONTRACTOR must immediately cease all use of the NASPOWSCA names and logos if directed to do so in writing by the Lead State Contract Administrator, and CONTRACTOR must ensure that its authorized sub -contractors, authorized re -sellers, and/or authorized agents immediately cease all use. 7. CONTRACTOR shall not make, or permit its authorized subcontractors, authorized resellers, or authorized agents to make, any alterations to NASPO's or WSCA's names or logos (induding characters, style and colors) and CONTRACTOR shall not use or permit the use of NASPO's or WSCA's names or logos in a manner or context that could adversely affect NASPO'sNVSCA's integrity, goodwill, or reputation. 8. Upon termination or expiration of the Master Price Agreement, CONTRACTOR and its authorized sub- contractors, authorized re -sellers, and authorized agents must cease all use of the NASPONVSCA names and logos; except that, CONTRACTOR may use the NASPOWSCA names for reference purposes in a description of its prior experience. Signatures to follow on Separate Page Addendum to Master Price Agreement Between Dell Marketing, L.P. And State of Minnesota, Materials Management Division Representing the Western States Contracting Alliance (WSCA) and the National Association of State Procurement Officials (NASPO) Lead State Contract #: B27160 Executed on: June 15, 2009 August 12, 2009 Acknowledged: DELL MARKETING L.P.: The Contractor certifies that the appropriate person(s) have executed this agreement on behalfthe Coor( ctor as requirepplicable articles, bylaws, resotulions, or ordi Signatur Contract Strategist Stephanie D. Shipp Title tatAug 2009 Date Page 2 of 2 LEAD STATE: In accordance with state statutes or rules. Title Date MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 htte://www.mmd.admin.state.mn.us AMENDMENT NUMBER: ONE (1) TO CONTRACT NUMBER: B27160 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, and on behalf of the WSCA/NASPO ("Lead State") and Dell Marketing L.P., One Dell Way, Mailstop 8708, Round Rock, TX 78682 (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment, peripherals and related services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the Contractor shall provide the basic warranty,three year, next business day, as stated in Appendix B of the RFP, for all products included in the Bands listed in Article 14 Products and Services Schedule. (Bands 1. Servers; 2. Workstations; 3. Printers; 4. Storage Solutions; 5. PDA's; 6. Instructional and Public Safety Bundles; and 7. Monitors. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. The Contractor may offer one-year and/or two-year warranties for each Band of equipment provided under the Contract. The Contractor shall show these as options when configuring a system/obtaining a quote, as a reduction in the cost of the equipment. This Amendment is effective beginning on the date that the final required signatures are obtained, and shall remain in effect until August 31, 2012, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Intentionally Left Blank September, 2010 Amendment Number: One (1) Page 1 of 2 Pages to WSCA/NASPO PC Contract No. B27160 with Dell Marketing L.P. MATERIALS MANAGEMENT DIVISION WSCAlNASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 htto://www.mmd.admin.state.mn.us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed thls document on behalf of the Contractor as required by applicable articles, bylavys resolutions, or ordinances. By: ! r?�Gl,�// 'Iiiiiiiii Title: £CVJ hrn t'S 5r. COO6k i f c ti- Date: SepFevn be( Z0 , Zb i 0 By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. By:gowid--4:-,4107:2--toz&-a Title: Acquisitions Supervisor Date: l/; 9//0 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated presentative. By: Date: 970-Vic? September, 2010 Amendment Number: One (1) Page 2 of 2 Pages to WSCA/NASPO PC Contract No. B27160 with Dell Marketing L.P. iiiiiosota MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mri.us WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 2 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCAINASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2012, to provide direct -from -manufacturer personal computer equipment and related devices. software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through August 31. 2014_ 2. The configuration limit of servers and storage may be increased up to $500,000 if this limit is approved by the State in their Participating Addendum. 3. The Premium Saving Package "Intent to Participate" document may be eliminated IF participation in the Premium Savings Package is approved by the State in their Participating Addendum. This Amendment is effective beginning on September 1, 2012, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until August 31, 2014 or until the Contract is canceled, whichever occurs first_ Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. Amendment Number: 2 Page 1 of 2 Pages to WSCA PC Contract MN B27160 with Dell Marketing, L.P. seats MATERIALS MANAGEMENT DIVISION WSCA/NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. CONTRACTOR The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. 60444AkillA/1111--- Title: CO alleit M 0( Date: a E'i f 20 By: By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION in accordance with Minn. Stat. § 16C.03, Subd. 3. B Title: Acquisition Management Specialist Date: —7/q.//ci 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated rentative. By; Gate: Amendment Number: 2 Page 2 of 2 Pages to WSCA PC Contract MN B27160 with Dell Marketing, L.P. iiiiiosota) MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 3 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCAINASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through August 31, 2014, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through December 31, 2014. This Amendment is effective beginning on September 1, 2014, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until December 31, 2014 or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. CONTRACTOR: Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. R By: C. 1 1 Title: Public Contracts Manager Date: 0 eb-,5—k / By: Title: Date: 2. LEAD STATE MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, Subd. 3. ByC Title: Acquisition Management Specialist Date: 3. LEAD STATE COMMISSIONER OF ADMINISTRATION Or delegated representative. Original signed By: Date: JUL ® 9 2014 By Lucas J. Jannete innesota MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 20094014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 4 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCA/NASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through December 31, 2014, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through March 31, 2015. This Amendment is effective beginning on January 1, 2015, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until March 31, 2015, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this 2. LEAD STATE OF MINNESOTA Amendment to be duly executed intending to be bound MATERIALS MANAGEMENT DIVISION thereby. In accordance with Minn. Stat. §/f6C.03, Subd. 3. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: 17 Title: Public Contrac s Manager Date: pei0,d4>/9 By: Title: Date: By: Title: Date: Acquisition Management Specialist "A3// 9 3. LEAD STATE OF MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated re resentative. By: Date: 00/c /201 :van iiinesota; MATERIALS MANAGEMENT DIVISION WSCA-NASPO Contract Administration 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Fax: 651.297.3996 TTY: MN Relay Service 1.800.627.3529 http://www.mmd.admin.state.mn.us WSCA-NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES MASTER PRICE AGREEMENT NUMBER B27160 AMENDMENT NUMBER 5 THIS AMENDMENT is by and between the State of Minnesota, acting through is commissioner of Administration, for the WSCA/NASPO ("Lead State") and Dell Marketing, L.P. (Contractor). WHEREAS, the Lead State has a Contract with the Contractor identified as No. B27160, effective September 1, 2009, through March 31, 2015, to provide direct -from -manufacturer personal computer equipment and related devices, software and services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract specifically state that the contract may be amended per agreement by both parties. NOW, THEREFORE, it is agree by the parties to amendment the Contract as follows: 1. Contract is extended through September 30, 2015. This Amendment is effective beginning on April 1, 2015, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect until September 30, 2015, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the original Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this 2. LEAD STATE OF MINNESOTA Amendment to be duly executed intending to be bound MATERIALS MANAGEMENT DIVISION thereby. In accordance with Minn. Stat. § 16C.03, Subd. 3. 1. DELL MARKETING L.P. The Contractor certifies that the appropriate person(s) have executed this document on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: By: Title: Acquisition Management Specialist Date: 3. LEAD STATE OF MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS BY PIGGYBACKING WESTERN STATES CONTRACTING ALLIANCE (WSCA) CONTRACT B27160, AND AUTHORIZING THE PURCHASE OF A STORAGE AREA NETWORK ARRAY FROM DELL INC., FOR AN AMOUNT NOT TO EXCEED $35,036 WHEREAS, the National City Police Department is implementing NetRMS, a county -wide platform for web -based records management that requires storage capacity that exceeds the available capacity in the current storage infrastructure; and WHEREAS, the Dell PS6100X Storage Area Network Array will provide adequate storage to support NetRMS and allow for future data growth within the infrastructure; and WHEREAS, the City of National City will get the best price for the Dell PS6100X Storage Area Network Array by "piggybacking" the State of California Western States Contracting Alliance ("WSCA") contract B27160; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made from Dell, Inc., without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the State of California's procurement procedures are in substantial compliance with the City's procurement procedures, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process for the purchase of the Dell PS6100X Storage Area Network Array from Dell, Inc., for an amount not to exceed $35,036 by utilizing Western States Contracting Alliance Contract B27160. PASSED and ADOPTED this 15'h day of September, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 94 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Kinsman Construction, Inc. in the not -to -exceed amount of $768,463.00 for the Police Department Building Improvements, CIP No. 15-06; 2) authorizing a 25% contingency i CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Kinsman Construction, Inc. in the not -to -exceed amount of $768,463.00 for the Police Department Building improvements, CIP No. 15-06; 2) authorizing a 25% contingency in the amount of $192,115.75 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Civil Engineering Tech PHONE: (619) 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT. ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED '� APPROVED: __. C Finance APPROVED: MIS 001-409-500-598-1181 (Police Dept. Building Improvements): $493,463.00 131-409-500-598-1181 (Police Dept. Building Improvements): $175,000.00 325-409-500-598-1181 (Police DIF): $35,000.00 629-409-500-598-8034 (Civic Center Server Roorn Fire Suppression): $15,000.00 629-409-500-598-8035 (Police Dept. Server Room Fire Suppression): $50,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The Police Department Building improvements Project, CIP No. 15-06, includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing. On July 16, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 17, 2015 and July 21, 2015, the bid solicitation was advertised in local newspapers. On August 20, 2015, four (4) bids were received electronically on PianetBids by the 3:00 p.m. deadline. Bid results were available immediately after the 3:00 p.m. deadline. Kinsman Construction, Inc. was the apparent lowest bidder with a total bid amount of $768,463.00 as the basis of bid award. Upon review of all documents submitted and reference checks, Kinsman Construction, Inc.'s bid was found to be responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Staff recommends awarding a contract to Kinsman Construction, Inc. in the not -to - exceed amount of $768,463.00 for the Police Department Building Improvements, CIP No. 15-06, and authorizing a 25% contingency in the amount of $192,115.75 for unforeseen changes that may arise. NAME: CIP NO: DATE: TIME: BID OPENING RESULTS POLICE DEPARTMENT BUILDING IMPROVEMENTS 15-06 Thursday, August 20, 2015 3:00 P.M. ESTIMATE: S1,250,000.00 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA Add. #1, 2, 3,4,5 BID sEcuxrnr -CHECK -BOND 1. Kinsman Construction, Inc. 6711 Nancy Ridge Drive San Diego, CA 92121. $ 768,463.00 Yes Bond 2. Soltek Pacific Construction Company 2424 Congress Street San Diego, CA 92110 $ 812,360.00 Yes Bond 3. M.A. Stevens Construction, Inc. 125 E. 17th Street National City, CA 91950 $1,169,129.61 Yes Bond 4. Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $1,216,304.00 Yes Bond Bid Results for Project Police Department Building Improvements (CIP No. 15-06) S� A` Ite le'T"f94.i c`Con rf,R�, p:x 2 v .n F ... sa'h �'c pis xtension (Quantity x Unit Price) Item No. Description Unit Qty. Unit Price xtens on (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price L . '' hi.. t •�.J:) : .-.,b'p. T!t3,.nx.a...,. .!.'. �.t[..ky1iiMiii' 1;....: - -.:-...3 i,n ;- ."-au ri• � y. '.z r iia' k.[ .!'-:Nn• 1 Mobilization LS 1 $25,000.00 .4 $75,000 00 _' 7SMO. $175,216.26 .Y. ' 2 Police Department Evidence Room and Electrical Systems Upgrades LS 1 $539,995.00 SY=r s $536,603 00 : $ 36;603 00 $841,255.35 �� ' d v,, s dtl �•l,x . ,,, 3 Field Orders AL 1 ` $10,000.00 fir, , # "�i'i�'T r` '� r. + $10,000.00 $10;000t70; $10,000.00 t �M �•'' ,''',,n "ttx , 1,7Y� #R 1 l.t rw Subtotal $574,995.00 $621,603.00. $1,026,471.61 .._ +C �4'sk, [b• .��x Y�� �_gy : LF s'� �$•'i3 E ?�':'� t !� �. •. - iiAK sY 1 ,�.„. .y~F1;�'`µ'tt�µ4:: '1!>.,S ! .t:S rltrr,[� � ..''' 4 Mobilization LS 1 $6,554.00 � $100 $1,000.00- s>i j.N, iM l 5 Police Department Data/ServerRoom HVAC LS 1 $59,848.00 ��n*:,Frho� 't8 $95,252.00 '; $,52•00 $81,225.00 52o- ",�"9'r'`eray':' Subtotal $66,402.00 $95,253.00 $82,225.00 dr,X i, x a.,.4y+ •y7` r'(r?.., r- a � >•.^}U. p�y •Vksk `�" -?"Wi1.-., rl 1Y. # 'YY' `'• Ke ` na e. �a � R' , C -t^: '1: o.n f .d .H "r � r,N�"�v.. h��'k 4J7 . ..� C.'Jl �•, 4 {,y:4'.. 6 Mobilization LS 1 $6,554.00 _ $100 $40' $1,000.00 7 Police Department Data/Server Room Fire Suppression System LS 1 $59,845.00 7 >� ; 44., $51,272.00 :c,11 r. . 1 2/2 af $10,766.00 Fk '' N ° F .`s Subtotal $66,399.00 $51,273.00 $11,766.00 •ice . `:! .,. '' j" h k;y, .:a ; > .. « . .., r c.+.t.2 k>::; �� "�_ mom°' . • . : •.• k .t' '� xf. r:... is .x' n. ,'4 .f xt 1 .• n, w . aa' �, .'iL 1'w�' 1,.,t x ,: n i.,{ ..:k:....i , -x:�� % .x ''Y. tff4ei - � .� K �'�s >k. �`. .Ci- i .+l 3 f-� ,.x d :. r r ri ,' "," :�:: :.;f54 "�s %';•: k.. , 1 .a "°> '�;• a ld 4 Sp ..u�'6+t�... >.3: i.. •I{ �� .,S .tY w .^ .L.. t-[,; •.. r V : `i c..r,.. , r..c'..t., . �.. y:, a k. ns *. (fh dT. �?' hs y�. 1.?�• �, � }' 8 Mobilization LS 1 $2,527.00 ` $1.00 ' y1at3 $1,000.00 tu,x 9 City Hall Data/Server Room Fire Supression System .LS 1 $23,085.00 +i" sy F rr{•Y `� fTM t�4 ya`+1A -' _ $26,750 00 , - �:. '• r,. 2 ITS 0 O( $24,817.00 r,.'Fi,' tiS c"J 4j1`� F'A �1M Subtotal $25,612.00 $26,751.00 $25,817.00 .•., xr dy. ' a :: �x .-'�'i" a :a ✓R � r .ct,`. ,..f-•�r i" Y , a4�e ti'sr �h' • ';,� ...;YY r' d'' '%+ '•x. ,5 1: '"nfw'-rK'.•,'k+.'[ 'aS'`£:,» ., .... `o''... .... e.....:1 ,1,R ....b .'.i� >.•, ...» a•.4; �y , • ... , , , .a6 . «.. .. ,,...-•„s,...., . 4. r ...r.. -,!'i" aGrout .1+- � ?i y': SY . li 6` > '•1. l..'� c 't: 'y�'. ..J1 f t �'',e. t^r,,�4[v b O' Yt1 �,: n ['.r. :,{ � rM,r,. ,; a � r;.M+[ 10 Hydrophobic Polyurethane - Curtain Injection LS 1 $22,471.00 , ` t , �.s $14,980.00 ', $ .498t 0 $11,650.00 p'' •' SSHyAQp y"%� u ` � ,, a ? Subtotal $22,471.00 $14,980.00 $11,650.00 Yc : A.• •.M1. �+1.c >. r.. "3 '�r '�h%+.lv �f a^.,.' wk.— :..,%. ..: .."'; ,.. �..'WF' ..j' a.j.:. . r,;�. �. .t; q 0. :nN p. 6 ' rY ::1. •• �:. �{y� r � .: ...;.s. �'Ni -i ; :: H` :, 1.,. , : 4 . •� i}'i . . .. .'Gc Y ,, i$..t L�:.:ii4•^S Y-- ` t[,P k.M { :t F f.5 r k �Y,;,•Y F . �p�� •"`.J:. r^ 'd ry.' F A,.a3( :.i . . 11 . •!t H... C'hy,: E�4�q:-. '!n"•. rY'4 1 •:! M � 4�n[ ak �3L j ';'i ..k S' IJ.kY, 11 Planter Lighting Electrical Work LS 1 $12,584.00 f, rr '�' " 1� $2,5 0 00 5d [ i $11,200.00 S9+� Subtotal i; �{ ` 2 Q.lj� f $ s ' ,''y, s4 rv•x �rf` wmS:'�. Total . .,[fir '.. <ab '! _„_,'h$.$12 mr�r�K! 4,0,: ,r. , , .' RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KINSMAN CONSTRUCTION, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $768,463.00 FOR THE POLICE DEPARTMENT BUILDING IMPROVEMENTS, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $192,115.75 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 20, 2015, the Engineering Department publicly opened, examined, and declared four (4) sealed bids for the Police Department Building Improvements Project, which includes electrical and mechanical upgrades to support expansion of the Police Department Property and Evidence Room, ADA upgrades, fire suppression system upgrades to both the Police Department server room and City Hall server room, HVAC upgrades to the Police Department sever room, and waterproofing; and WHEREAS, Kinsman Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $768,463.00; and WHEREAS, a 25% contingency amount up to $192,115.75 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Police Department Building Improvements Project to the lowest responsive, responsible bidder, to wit: KINSMAN CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of 768,463.00 with Kinsman Construction, Inc., for the Police Department Building Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $192,115.75 for unforeseen changes to the Project. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 100 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #4 for the period of 07/22/15 through 07/28/15 in the amount of $2,052,437.76 (Finance) PREPARED BY: 1K. Apalateguij PHONE: 1619-336-45721 EXPLANATION: DEPARTMENT: FT`��! APPROVED7 BYY : f IPer Government Section Code 37208, attached are the warrants issued for the period of 07/22/15 through 07/28/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation EC Constructors Inc 318760 296,950.38 Aquatic Center Kimley Horn and Assoc 318777 108,638.43 Paradise Creek Rest/ DT Westside Connect 8th Street Signage A Avenue Green Street Retention 12th & D Roundabout WC Claims Costs GO Bonds RFND Bonds 2012 KTU&A 318778 LB Civil Construction Inc 318779 Pal General Engineering 318796 Project Professionals Corp 318802 SANDPIPA 318812 Union Bank of California 427002 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,052,437.76 96,169.74 542,315.58 228,930.13 92, 037.70 136,028.00 315,224.80 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,052,437.76 BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: Warrant Register #4 +� CALIFORNIA -+- 11 /2 PAYEE ANDREWS, J BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BOARD OF EQUALIZATION BOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CESNAUSKAS, S CHRISTIANSEN, M CITY OF NATIONAL CITY COUNTY OF SAN DIEGO DELTA DENTAL DURAN, D EC CONSTRUCTORS INC ENTERPRISE FLEET MANAGEMENT FAIRWAYS VIEWS HOA FELIX, Y FERNANDEZ, E GAUT, A GEOSYNTEC CONSULTANTS INC GONZALES, G GRAINGER GREGORY, B GUTIERREZ JR, C GUTIERREZ JR, C HARRIS & ASSOCIATES HEALTH NET IAPMO INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KTU&A L B CIVIL CONSTRUCTION INC LASER SAVER INC LONG, D MACIAS, M MARTINEZ, C MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NAPA AUTO PARTS NATIONAL CITY CHAMBER NEXUS IS INC MATTHEWS, N OPPER & VARCO LLP PACIFIC AUTO REPAIR NATIONAL My INCORPORA SD • WARRANT REGISTER #4 7/28/2015 DESCRIPTION REIMB: FIELD EVIDENCE TECHNICIAN COURSE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS SALES TAX LIABILITY / APR - JUN 2015 MOP#64096 WEARING APPAREL MOP#45754 BUILDING MATERIALS MOP#45698 ELECTRIC MATERIALS REFUND: DEDUCTION PAID IN FULL ED REIMBURSEMENT PETTY CASH REPLENISHMENT - MAY 2015 SHARE OF PC REVENUE - JUNE 2015 COBRA DENTAL INS - JUNE 2015 REIMB: 24-HR PERISHABLE SKILLS TRAINING AQUATIC CENTER CAP COST REDUCTIONS REFUND: OVERPAYMENT REIMB: CIVILIAN MANAGEMENT SEMINAR REFUND: S8 OVERPAYMENT REIMB: LUNCH FOR INTERVIEW PANEL EDUCATION VILLAGE REDEVELOP / S A SUBSISTENCE: 24-HR PERISHABLE SKILLS TRAINING MOP#65179 MATERIALS REIMB: POLICE BUDGET ACADEMY SUBSISTENCE/ROADSIDE ENFORCEMENT REIMB: STANDARDIZED FIELD SOBRIETY 8TH STREET SMART GROWTH HEALTH NET - JUNE 2015 R1192Q REGISTRATION: RESIDENTIAUCOMMERCIAL / FIRE A AVENUE GREEN STREET RETIREES INS - COBRA JUNE 2015 PARADISE CREEK REST / DT WESTSIDE CONNECT 8TH STREET SIGNAGE A AVENUE GREEN STREET MOP 45725 INK CARTRIDGE - FINANCE SUBSISTENCE: 24-HR PERISHABLE SKILLS TRAINING SUBSISTENCE: BASIC SUPERVISORY COURSE REIMB: ADVANCED COMMUNICATIONS TRAINING LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP45753. AUTOMOTIVE SUPPLIES / NSD NC TOURISM MARKETING FEE - MAY 2015 INV82723/84050 / TELEPHONE SERVICES REIMB: FIELD EVIDENCE TECHNICIAN COURSE PROFESSIONAL SVCS - CARMAX MOP#72448 AUTO EQUIPMENT CHK NO DATE AMOUNT 318746 7/28/15 224.04 318747 7/28/15 1,627.72 318748 7/28/15 685.35 318749 7/28/15 1,948.00 318750 7/28/15 356.90 318751 7/28/15 638.52 318752 7128/15 79.65 318753 7/28/15 580.00 318755 7/28/15 250.00 318756 7/28/15 778.22 318757 7/28/15 8,169.75 318758 7/28/15 370.89 318759 7/28/15 107.08 318760 7/28/15 296,950.38 318761 7/28/15 14,463.21 318762 7/28/15 558.29 318763 7128/15 35.00 318764 7/28/15 56.00 318765 7/28/15 64.62 318766 7/28/15 5,774.10 318767 7/28/15 384.00 318768 7/28/15 382.80 318769 7/28/15 99.90 318770 7/28/15 256.00 318771 7/28/15 116.15 318772 7/28/15 5,985.00 318773 7/28/15 1,726.35 318774 7/28/15 330.00 318775 7/28/15 48,431.00 318776 7/28/15 509.71 318777 7/28115 108,638.43 318778 7/28/15 96,169.74 318779 7/28/15 542,315.58 318780 7/28/15 103.50 318781 7/28/15 384.00 318782 7/28/15 1,280.00 318783 7/28/15 110.28 318784 7/28/15 5,565.50 318785 7/28/15 2,058.00 318786 7/28/15 1,900.00 318787 7/28/15 1,837.00 318788 7/28/15 1,264.30 318789 7/28/15 7.50 318790 7/28/15 156.05 318791 7/28/15 28,819.45 318792 7/28/15 910.00 318793 7/28/15 224.04 318794 7/28/15 650.00 318795 7/28/15 341.09 -9-, CAUFORNIIA'-4{4- 2/2 PAYEE PAL GENERAL ENGINEERING INC PECK, B POTTER, C POWERSTRIDE BATTERY CO INC PRO BUILD PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RIVERSIDE COUNTY SHERIFF DEPT RIVERSIDE COUNTY SHERIFF DEPT ROBERT HALF INTERNATIONAL S D COUNTY FIRE CHIEFS' ASSN SAM'S ALIGNMENT SERVICE SAN DIEGO AIR POLLUTION SAN DIEGO PR SANDPIPA SOUTHERN CALIFORNIA SOIL STAPLES ADVANTAGE STC TRAFFIC INC STEVENS, C TAYLOR, J THE HOME DEPOT CREDIT SERVICES TORREY PINES BANK VALLEY INDUSTRIAL SPECIALTIES ROBERT ABEL INVESTIGATIVE SVCS WIRED PAYMENTS UNION BANK OF CALIFORNIA NATIONAL CITY mitt L— INCOR:ORATS0 . WARRANT REGISTER #4 7/28/2015 DESCRIPTION RETENTION SUBSISTENCE: 24-HR PERISHABLE SKILLS REFUND: HEALTH INSURANCE MOP#67839 AUTO PARTS MOP#45707 BUILDING MATERIAL SOFTWARE LICENSING RENEWAL 12TH & D ROUNDABOUT MOP#45742 LAUNDRY SERVICES TUITION: 24-HR PERISHABLE SKILLS TRAINING TUITION: 24-HR PERISHABLE SKILLS TRAINING TEMPORARY OFFICE STAFF / FIRE MEMBERSHIP RENEWAL / FIRE MOP#72442 AUTO PARTS PERMIT RENEWAL / PUBLIC WORKS LAYOUT/EDITING/DISTRIBUTION OF NC NEWS WC CLAIM COSTS A AVE GREEN STREET MOP#45704 OFFICE SUPPLIES CITYWIDE DATA SUBSISTENCE: 24-HR PERISHABLE SKILLS REIMB: CRIMINAL INVESTIGATION MOTION LIGHT / PW AQUATIC CENTER ESCROW MOP#46453 PLUMBING MATERIALS LEGAL SERVICE / S A GO BONDS OBLIGATION RFND BONDS 2012 GRAND TOTAL CHK NO DATE AMOUNT 318796 7/28/15 226,930.13 318797 7/28/15 384.00 318798 7/28/15 484.91 318799 7/28/15 589.64 318800 7/28/15 2,388.84 318801 7/28/15 23,792.67 318802 7/28/15 92,037.70 318803 7/28/15 778.75 318805 7128/15 320.00 318806 7/28/15 320.00 318807 7/28/15 731.52 318808 7/28/15 250.00 318809 7/28/15 309.23 318810 7/28/15 356.00 318811 7/28/15 1,200.00 318812 7/28/15 136,028.00 318813 7/28/15 4,266.50 318814 7/28/15 238.75 318815 7/28/15 41,635.00 318816 7/28/15 384.00 318817 7/28/15 105.89 318818 7/28/15 793.86 318819 7/28/15 15,628.97 318820 7/28/15 135.01 318821 7/28/15 450.50 A/P Total 1,737,212.96 427002 7/27/15 315,224.80 $ 2,052,437.76 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE IIEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERT , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 15ti' OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 — Page 105 The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for the period of 07/29/15 through 08/04/15 in the amount of $3,078,412.53. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: 'Warrant Register #5 for the period of A7/29/15 through 08/04/15 in the amount of $3,078,412.53 (Finance) PREPARED BY: IK. Apalategui PHONE: 'p1 9_336-4572 EXPLANATION: DEPARTMENT: Fina/Jn, f APPROVED BY: '(4-2�{... Per Government Section Code 37208, attached are the warrants issued for the period of 07/29/15 through 08/04/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net Inc 318893 65,552.60 Health Net Ins R1192A Aug 2015 Kaiser Foundation HP Portillo Concrete, Inc San Diego Pooled ins Public Emp Ret System 318900 318940 318961 7312015 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $3,078,412.53 ENVIRONMENTAL REVIEW: 174,114.70 109,846.60 292,558.00 346,295.54 Kaiser Ins Act Aug'15 Gp 104220-0002 Highland Ave ADA Enhancements Liability insurance / 7-01-15 / 7-01-16 Service Period 7/07/15 - 7/20/15 APPROVED: APPROVED: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,078,412.53 BOARD / COMMISSION RECOMMENDATION: IN/A► ATTACHMENTS: Warrant Register #5 Finance MIS PAYEE SC)IITHWFST SiONAI SERVICE ALLIANT INSURANCE SVCS INC ACEDO AFLAC ALDEMCO ALL FRESH PRODUCTS ANDERSON, E AO COOLERS AT&T AT&T MOBILITY BEARD, P BECK, L BISHOP, R BOEGLER, C BOYD JR, P BRIAN COX MECHANICAL INC CAPF CAHA CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CAMEON, C CARRILLO, R CITY OF CHULA VISTA COLE, L CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS CPP PRINTING CPRS AGING SERVICES CULLIGAN D PREP L L C DANESHFAR, Z DANIELS TIRE SERVICE DEESE, L DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF TRANSPORTATION DESROCHERS, P DI CERCHIO, A DILLARD, S DREDGE, J DUVALL, S EARLY CHILDHOOD EISER III, G EMERGENCY EQPT ENGINEERING ESGIL CORPORATION WARRANT REGISTER 45 8/4/2015 DESCRIPTION TRAFFIC SIGNAI RAAINTFNANCE t APRIL LIABILITY INSURANCE FUND RETIREE HEALTH BENEFITS AUG 2015 AFLAC ACCT BDM36 AUGUST 2015 FOOD - NUTRITION CENTER FOOD & CONSUMABLES / NUTRITION RETIREE HEALTH BENEFITS AUG 2015 12 PACK CANVAS RED / FIRE PHONE SERVICE 6/1/15 - 6/30/15 WIRELESS SERVICES 6/6/15 - 7/5/15 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 REQUIRED PREVENTATIVE MAINTENANCE FIRE LTD AUGUST 2015 CAHA & CHAPTER MEMBERSHIP / SEC 8 MOP#45754 BUILDING AND STRUCTURES REPAIRS PD LTD AUGUST 2015 REIMB EDUC/LEGAL ASPECTS OF EVIDENCE RETIREE HEALTH BENEFITS AUG 2015 ANIMAL SHELTER COSTS / PD RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 CITY-WIDE BACKFLOW TESTING RETIREE HEALTH BENEFITS AUG 2015 DEH2006-HUPFP-20575 PERMIT INTERNET SERVICE / JUL 2015 INTERNET SERVICE - 7/10/15 - 8/9/15 NCPD DISPLAY SIGN NEW CPRS MEMBESHIP - COMM SVCS WATER SOFTNER FOR DISHWASHER / NUTRITION TUITION INCIDENT RESPONSE TRAINING RETIREE HEALTH BENEFITS AUG 2015 TIRES FOR CITY FLEET / PW REIMB FOR TRAVEL ICMA CONFERENCE DENTAL INS PREMIER AUGUST 2015 PM! DENTAL !NS AUGUST 2015 HIGHWAY LIGHTING FOR FY 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 REFUND OF CPR CLASS - FIRE DEPT DELUXE CLASSROOM CLOSET / CSD RETIREE HEALTH BENEFITS AUG 2015 LEATHER GEAR- NEW PD EMP PLAN CHECK AND INSPECTION SERVICES 1/5 CHK NO DATE AMOUNT 318823 8/3/15 31,399.83 318824 8/4/15 486.00 318825 8/4/15 160.00 318826 8/4/15 653.00 318827 8/4/15 6,803.85 318828 8/4/15 7,820.78 318829 8/4/15 110.00 318830 8/4/15 254.81 318831 8/4/15 836.27 316832 8/4/15 2,259.87 318833 8/4/15 70.00 318834 8/4/15 140.00 318835 8/4/15 110.00 318836 8/4/15 260.00 318837 8/4/15 145.00 318838 8/4/15 266.00 318839 8/4/15 608.00 318840 8/4/15 900.00 318841 8/4/15 960.32 318842 8/4/15 1,935.50 318843 8/4/15 141.00 318844 8/4/15 290.00 318845 8/4/15 36,439.13 318846 8/4/15 165.00 318847 8/4/15 280.00 318848 8/4/15 4,800.00 318849 8/4/15 140.00 318850 8/4/15 797.00 318851 8/4/15 3,589.33 318852 8/4/15 49.65 318853 8/4/15 344.58 318854 8/4/15 300.00 318855 8/4/15 208.50 318856 8/4/15 580.00 318857 8/4/15 250.00 318858 8/4/15 8,941.08 318859 8/4/15 211.20 318860 8/4/15 14,677.19 318861 8/4/15 2,866.38 318862 8/4/15 10,515.72 318863 8/4/15 110.00 318864 8/4/15 70.00 318865 8/4/15 480.00 318866 8/4/15 250.00 318867 8/4/15 50.00 318868 8/4/15 2,553.79 318869 8/4/15 250.00 318870 8/4/15 148.50 318871 8/4/15 21,519.20 PAYEE ESPIRITU, D EXPERIAN EXPRESS PIPE AND SUPPLY CO INC FABINSKI, D FEDEX FEN T ON NCP LLC FLEET SERVICES INC FON-JON KENNELS GELSKEY, K GIBBS JR, R GOODYEAR TIRE & RUBBER COMPANY GRAINGER GUNDERT, M HAINES & COMPANY HANSON, E HARLAN, M HARRIS & ASSOCIATES HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HONDO, E HUNTERS NURSERY INC JAMES, R JERAULDS CAR CARE CENTER JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KNOX ATTORNEY SERVICE INC L N CURT!S & SONS LAKESHORE LEARNING MATERIALS LANDA, A LANGUAGE LINE SERVICES LASER SAVER INC LEXIPOL LLC LIFELOC TECHNOLOGIES LIMFUECO, M LUCAS, M MAINTEX INC MALDONADO, J MASON'S SAW MATIENZO, M MC CABE, T MEDINA, R WARRANT REGISTER 145 8/4/2015 DESCRIPTION REINAR GMIP TRAVEL EXPENSE - P D DEP CREDIT CHECKS / POLICE CITY WIDE PLUMBING PARTS & MATERIALS RETIREE HEALTH BENEFITS AUG 2015 POLICE TESTING MATERIALS REF DEPOSIT FOR 404 MILE OF CARS WAY MOP#67804 AUTO PARTS KENNEL FEES FOR POLICE K9'S RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP#72654 TIRES MOP 65179 VESTS - NSD RETIREE HEALTH BENEFITS AUG 2015 NORTH - SOUTH S D DIRECTORIES RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 T&A 90078 NETREIT N C PARTNERS MAY 2015 RETIREE HEALTH BENEFITS AUG 2015 HEALTH FULL NETWORK 57135A AUG 2015 HEALTH NET INS AUG 2015 RETIREE HEALTHNET INS N5992A AUG 2015 HEALTH NET INS R1192A AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP 45719. SUPPLIES / NSD RETIREE HEALTH BENEFITS AUG 2015 MOP#72449 AUTO EQUIPMENT RETIREE HEALTH BENEFITS AUG 2015 KAISER INS ACT AUG'15 GROUP 104220-0002 KAISER RETIREES INS AUGUST 2015 KAISER H S A INS AUGUST 2015 KAISER RETIREES INS COBRA JUNE 2015 RETIREE HEALTH BENEFITS AUG 2015 KNOX ATTORNEY SERVICE BARRIER EXTR! GLOVES / FIRE FARM ANIMALS NUMBER PUZZLES ! CSD RETIREE HEALTH BENEFITS AUG 2015 INTERPRETATION SERVICES MOP 45725 INK CARTRIDGE - ENG FIRE POLICY MANUAL UPDATE/FIRE PORTABLE BREATH TESTER / POLICE RETIREE HEALTH BENEFITS AUG 2015 EMT D RECERTIFICATION FEES RAGS 4 CORNER TURKISH TOWELS RETIREE HEALTH BENEFITS AUG 2015 MOP#45729 MATERIALS RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 2/5 CHK NO DATE AMOUNT 3iA872 8/4/15 950.00 318873 8/4/15 93.60 318874 8/4/15 79.40 318875 8/4/15 220.00 318876 8/4/15 34.68 318877 8/4/15 863.16 318878 8/4/15 154.44 318879 8/4/15 390.00 318880 8/4/15 115.00 318881 8/4/15 120.00 318882 8/4/15 953.76 318883 8/4/15 81.14 318884 8/4/15 350.00 318885 8/4/15 871.08 318886 8/4/15 135.00 318887 8/4/15 500.00 318888 8/4/15 127.50 318889 8/4/15 120.00 318890 8/4/15 5,334.29 318891 8/4/15 1,595.84 318892 8/4/15 543.45 318893 8/4/15 65,552.60 318894 8/4/15 200.00 318895 8/4/15 110.00 318896 8/4/15 444.79 318897 8/4/15 140.00 318898 8/4/15 141.10 318899 8/4/15 50.00 318900 8/4/15 174,114.70 318901 8/4/15 10, 757.69 318902 8/4/15 3,640.01 318903 8/4/15 509.71 318904 8/4/15 300.00 318905 8/4/15 19.95 318906 8/4/15 1,897.84 318907 8/4/15 496.27 318908 8/4/15 155.00 318909 8/4/15 69.25 318910 8l4/15 266.89 318911 8/4/15 4,900.00 318912 8/4/15 420.87 318913 8/4/15 160.00 318914 8/4/15 267.00 318915 8/4/15 320.26 318916 8/4/15 130.00 318917 8/4/15 359.30 318918 8/4/15 100.00 318919 8/4/15 280.00 318920 8/4/15 105.00 PAYEE MFLLADf) DESIGNS MES CALIFORNIA METRO AUTO PARTS DISTRIBUTOR METRO EXPRESSLANES METRO FIRE & SAFETY MINER, D MUNICIPAL CODE CORPORATION MYERS, B NAPA AUTO PARTS NOTEWARE, D OCHOA, I PADRE JANITORIAL SUPPLIES PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR, D PERRY FORD PETERS, S PHILLIPS, W PORAC LEGAL DEFENSE FUND PORTILLO CONCRETE, INC. POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAY, S REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER REGIONAL'CRAINING CENTER RELIANCE STANDARD ROARK, L ROE, V RON BAKER CHEVROLET RU!Z, J S & S WORLDWIDE INC SAFRAN MORPHOTRUST SAGREDO, C SAM'S ALIGNMENT SERVICE SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO POOLED INSURANCE SAN DIEGO POOLED INSURANCE SANCHEZ, Y SANDAG SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHERWIN WILLIAMS SHORT, C WARRANT REGISTER #5 8/4/2015 DESCRIPTION SASHES / MISS NATIONAL CITY 2015 SHIPPING CHARGES FOR BOOTS -FIRE MOP#75943 AUTO PARTS TOLL EVASION VIOLATION ALARM SWITCH / PW RETIREE HEALTH BENEFITS AUG 2015 MUNICIPAL CODE SUPPLEMENT 42 RETIREE HEALTH BENEFITS AUG 2015 MOP#45735 AUTO PARTS RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 JANITORIAL SUPPLIES- NUTRITION RETIREE HEALTH BENEFITS AUG 2015 ASSOCIATION FOR INSURANCE AND WC / POLICE RETIREE HEALTH BENEFITS AUG 2015 R & M CITY VEHICLES RETIREE HEALTH BENEFITS AUG 2015 TASER INSTRUCTOR RECERTIFICATION LEGAL DEFENSE FUND -RESERVE POLICE HIGHLAND AVE ADA ENHANCEMENTS RETIREE HEALTH BENEFITS AUG 2015 MOP#67839 AUTO PARTS MOP 45707 MSC SUPPLIES - PD KIMBALL PARK & EL TOYON MOP#45742 LAUNDRY SERVICES RETIREE HEALTH BENEFITS AUG 2015 SD EMPLOYMENT RELAT CONSORTIUM FEES F T C SUPERVISORS ACADEMY TRAINING SUPERVISOR'S ACADEMY VOLUNTARY LIFE INS AUGUST 2015 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP#45751 AUTO EQUIPMENT RETIREE HEALTH BENEFITS AUG 2015 FOOTBALL TOSS GAME / CSD NEW EMP FINGERPRINT TEST REFUND OF CPR CLASS FIRE DEPT MOP#72442 AUTO EQUIPMENT CIP NO. 15-06 ADVERTISING BLDG IMPROV SVC 5/17/15 - 6/16/15 - NUTRI T ON LIABILITY INSURANCE / 7-01-15 / 7-1-16 BOND/CRIME PROGRAM / 7-1-15 / 6-30-15 REFUND DIRECT DEP,ACCT CANNOT LOCATED SANDAG ASSESSMENTS FACILITIES DIVISION GAS & ELECTRIC FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS AUG 2015 MOP 77816 PAINT SUPPLIES - NSD RETIREE HEALTH BENEFITS AUG 2015 3/5 CHK NO DATE AMOUNT 318921 8/4/15 113.40 318922 8/4/15 24.00 318923 8/4/15 95.56 318924 8/4/15 25.60 318925 8/4/15 134.60 318926 8/4/15 580.00 318927 8/4/15 927.23 318928 8/4/15 140.00 318929 8/4/15 25.67 318930 8/4/15 120.00 318931 8/4/15 125.00 318932 8/4/15 277.24 318933 8/4/15 340.00 318934 8/4/15 50.00 318935 8/4/15 140.00 318936 8/4/15 1,962.90 318937 8/4/15 290.00 318938 8/4/15 128.00 318939 8/4/15 67.50 318940 8/4/15 109,846.60 318941 8/4/15 280.00 318942 8/4/15 1,063.19 318943 8/4/15 1,621.92 318944 8/4/15 13,501.05 318945 8/4/15 130.96 318946 8/4/15 190.00 318947 8/4/15 2,572.00 318918 8/4/15 550.00 318949 8/4/15 550.00 318950 8/4/15 3,024.15 318951 8/4/15 135.00 318952 8/4/15 120.00 318953 8/4/15 415.71 318954 8/4/15 310.00 318955 8/4/15 335.23 318956 8/4/15 32.00 318957 8/4/15 25.00 318958 6/4/15 162.75 318959 8/4/15 627.00 318960 8/4/15 6,022.53 318961 8/4/15 292,558.00 318962 8/4/15 4,971.00 318963 8/4/15 75.80 318964 8/4/15 12,796.00 318965 8/4/15 5,448.72 318966 8/4/15 3,560.55 318967 8/4/15 340.00 318968 8/4/15 153.71 318969 8/4/15 300.00 • 4/5 PAYEE SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTHERN CALIF TRUCK STOP SPARKLETTS SPARKLETTS S 1 APLLS ADVAN'1 AGE STC TRAFFIC INC STRASEN, W SUPERIOR READY MIX SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS TIP OF SAN DIEGO COUNTY TIPTON, B TRITECH SOFTWARE SYSTEMS U S HEALTHWORKS U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNITED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN S I ANIMAL HOSPITAL VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VISTA PAINT VISTA PAINT WAXIF. SANITARY SUPPLY WEST PAYMENT CENTER WHITE, J WILKINS, T WILLY'S ELECTRONIC SUPPLY YBARRA, A YBARRA, A YBARRA, A YOUNG, G ZENGOTA, V ZIETLOW, D ZUMAR INDUSTRIES INC SDG&E SWEETWATER AUTHORITY i conionikTsp WARRANT REGISTER ;5 s/4/2015 DESCRIPTION MOP 45756. SUPPLIES / POLICE MOP 63845. BUSINESS CARDS / POLICE RETIREE HEALTH BENEFITS AUG 2015 MOP#45758 GAS AND OIL WATER 1 MAYOR/COUNCIL FY15 WATER / NUTRITION CENTER MOP 45704 OFFICE SUPPLIES - ENG EL TOYON PARK RETIREE HEALTH BENEFITS AUG 2015 TACK OIL, 3/8 SHEET & COLD MIX ASPI IALTS WS DVD PLANES - FIRE AND RESCUE / CSD FACILITIES DIVISION WATER BILL CONSUMABLES/FOOD - NUTRITION OFFICER ASSISTANCE PROGRAM MOP#45726 AUTO EQUIPMENT LIFE & AD&D STD LTD INS AUG 2015 24 HOUR VOLUNTEER RESPONSE SVCS RETIREE HEALTII BENEFITS AUG 2015 UPGRADE TO INFORM MOBILE / MIS PRE EMPLOYMENT PHYSICALS / HR PRE EMPLOYMENT PHYSICALS / HR UNDERGROUND SERVICE ALERT FY 2016 DRILL STEEL / PW MOP#62683 AUTO PARTS NEW BADGES / POLICE MOP#46453 PLUMBING MATERIALS STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE WIRELESS 6/2/15 - 7/1/15 RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 MOP 68834. PAINTING SUPPLIES / NSD MOP 68834 PAINT - NSD MISCELLANEOUS JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES RETIREE HEALTH BENEFITS AUG 2015 CRITICAL INCIDENT RESPONSE TRAINING / PD MOP#45763 AUTO PARTS REIMB/EDUCATIONAL CRIMINOLOGY REIMB/EDUCATIONALETHICS IN MANAGEMENT REIMB/EDUCATIONAL COLLEGE MATHEMATICS II CRITICAL INCIDENT RESPONSE TRAINING / PD RETIREE HEALTH BENEFITS AUG 2015 RETIREE HEALTH BENEFITS AUG 2015 STREET SIGNS / PW GAS AND ELECTRIC UTILITIES / S A WATER UTILITES / S A CHK NO DATE AMOUNT 318970 8/4/15 167.42 318971 8/4/15 473.08 318972 8/4/15 320.00 318973 8/4/15 32.33 318974 8/4/15 38.83 318975 8/4/15 3.61 318976 8/4/15 4,377.25 318977 8/4/15 22,194.55 318978 8/4/15 135.00 318979 8/4/15 1,201.82 318980 8/4/15 351.00 318981 8/4/15 4,139.87 318982 8/4/15 8,158.72 318983 8/4/15 800.00 318984 8/4/15 83.39 318985 8/4/15 9,050.18 318986 8/4/15 8,000.00 318987 8/4/15 250.00 318988 8/4/15 32,314.00 318989 8/4/15 952.00 318990 8/4/15 486.02 318991 8/4/15 352.50 318992 8/4/15 223.11 318993 8/4/15 132.89 318994 8/4/15 877.04 318995 8/4/15 318.01 318996 8/4/15 191.65 318997 8/4/15 831.27 318998 8/4/15 1.90 318999 8/4/15 280.00 319000 8/4/15 480.00 319001 8/4/15 18.90 319002 8/4/15 980.55 319003 8/4/15 1,953 40 319004 8/4/15 464.21 319005 8/4/15 230.00 319006 8/4/15 512.00 319007 8/4/15 120.04 319008 8/4/15 140.00 319009 8/4/15 100.00 319010 8/4/15 95.00 319011 8/4/15 512.00 319012 8/4/15 300.00 319013 8/4/15 150.00 319014 8/4/15 5,973.80 319016 8/4/15 215.32 319017 8/4/15 52.04 AMP Total 1,023,057.32 PAYEE WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 DAPS PAYROLL Pay period 16 WARRANT REGISTER #5 8/4/2015 DESCRIPTION 515 CHK NO DATE AMOUNT SERVICE PERIOD 07/07/15 - 07/20/15 7312015 7/31/15 346,295.54 766,957.18 942,102.49 Start Date End Date 7/29/2015 8/4/2015 Start Date End Date Check Date 7/21/2015 8/3/2015 8/12/2015 GRAND TOTAL $ 3,078,412.53 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MA ROBERT FINA°!/4;r/, LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTIIORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 15th OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 — Page 113 The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: (Warrant Register #6 for the period of 08/05/15 through 08/11/15 in the amount of $524,794.16 (Finance) PREPARED BY: IK. Apalategu PHONE: 1619-336-4572i EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/05/15 through 08/11/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Pal General Engineering 319071 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $524,794.16 Amount 79,960.68 Explanation 8th Street Smart Growth I APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $524,794.16 BOARD / COMMISSION RECOMMENDATION: 'NM ATTACHMENTS: [Warrant Register #6 DEPARTMENT: Finan APPROVED BY: G F G Finance MIS PAYEE LEDFORD ENTERPRISES INC MORALES, I A REASON TO SURVIVE ACE UNIFORMS & ACCESSORIES INC AGUIRRE, C ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN PLANNING ASSOCIATION ARCO GASPRO PLUS ATKINS NORTH AMERICA INC BOOT WORLD BROADWAY AUTO GLASS BSN SPORTS BURKE WILLIAMS & SORENSEN LLP CALIFORNIA COMMERCIAL SECURITY CCUG CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CLEAN HARBORS COUNTY OF SAN DIEGO COX COMMUNICATIONS CSA SAN DIEGO COUNTY CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DENTONS US LLP DEPARTMENT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS DIVISION 8 INCORPORATED D-MAX ENGINEERING DOWNSTREAM SERVICES E2 MANAGE TECH INC FERGUSON ENTERPRISES INC FIRE ETC G/M BUSINESS INTERIORS OF S D GEORGE'S LAWN EQUIPMENT CO GRAINGER HERNANDEZ, M HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC INNOVATIVE MECHANICAL SYSTEMS KTU&A LEFORTS SMALL ENGINE REPAIR LINE X SAN DIEGO MASON'S SAW MOSSY FORD MOSSY NISSAN MUNICIPAL MAINTENANCE EQUIP MUTHUSAMY, K WARRANT REGISTER #6 8/11/2015 DESCRIPTION PROFESSIONAL SVCS/ NC MARINE TERMINAL GOLF COURSE LEASE / FY 2016 PROJECT MANAGEMENT ARTS SAFARILAND ABA-TACT-MWB / POLICE REIIvIB: CA STRATEGIC GROWTH CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER CITY WIDE FLAGS & ACCESSORIES MEMBERSHIP - B RAULSTON FUEL FOR CITY FLEET SEWER SERVICES MOP#46096 WEARING APPAREL DOOR TINT MATERIAL / PW 4 - LIL' SHOOTER GOAL / CSD LEGAL / NEGOTIATIONS MOP#45754 BUILDING MATERIALS TUITION: CCUG TRAINING & TECH / POLICE SAFE ROUTES 2 SCHOOL CYC3 CHILD ABUSE EXAMS / POLICE HOUSEHOLD HAZARDOUS WASTE PICKUP BUILDING RECORDS COX INTERNET SERVICES FY15 SD COUNTY FAIR HOUSING MITIGATION SVCS RISK MANAGMENT SVCS / JUL 2015 MOP#76986 TIRES PROFESSIONAL SVCS - JUNE 2015 NEW EMP FINGERPRINT TEST RESULTS WASH AND WAX SOAP / PW 2- LIBRARY WINDOW REPLACEME4r'S STORM WATER SERVICES CULVERT BARRIER 2020 HOOVER AVE. UST MOP#45723 BUILDING MATERIALS BULLARD WILDLAN FIREFIGHTING HELMET CASE STD PULL / ENGINEERING 6FT POLE SET INV 9783815187/9793213381 / CABINETS / PW SUBSISTENCE: C,COG TRAINING & TECH LABOR - RESET ALL SET POINTS MOP#45720 PLANTING MATERIALS CIVIC FACILITIES AC REPLACEMENT REDEVELOPMENT SITE LABOR AND SERVICE / PW WEATHER TACH PART / PW BIKE HANDLE / PW 2015 FORD TAURUS / PD OIL CHANGE FOR CITY VEHICLE SWITCH ACTUSTOR DUMP DOOR REIMB: MILEAGE FOR MEETINGS CHK NO 319018 319019 319020 319021 319022 319023 319024 319025 319026 319027 319028 319029 319030 319031 319032 319033 319034 319035 319036 319037 319038 319039 319040 319041 319042 319043 319044 319045 319046 319047 319048 319049 319050 319051 319052 319053 319054 319055 319056 319057 319058 319059 319060 319061 319062 319063 319064 319065 319066 DATE 8/10/15 8/10/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 1/3 AMOUNT 4,000.00 2,000.00 270.00 2,746.41 502.25 2,204.57 947.17 365.26 485.00 33,706.97 1,890.00 106.91 199.00 282.86 2,212.50 49.87 500.00 24,053.44 2,240.00 804.50 254.00 62.29 6,845.00 3,040.00 123.87 4,917.00 678.00 421.61 5,590.00 7,162.14 14,245.25 11, 820.00 163.14 1,991.98 1,671.73 345.49 19, 561.40 566.40 776.22 78.01 17,777.40 7,705.00 393.54 115.55 727.68 30,365.25 195.97 171.99 42.73 PAYEE NAPA AUTO PARTS NATIONAL CITY HOST LIONS CLUB NINYO & MOORE PADRF JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PERRY FORD PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUN & MCGEADY QUALA TEL ENTERPRISES SAFDIE RABINES ARCHITECTS SAFRAN MORPHOTRUST SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PLASTICS INC SAN DIEGO POLICE EQUIPMENT SASI SASI SDCDA SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHERN CALIFORNIA SOIL SPARKLETTS STAPLES ADVANTAGE STC TRAFFIC INC STC TRAFFIC INC STILES, J SUN BADGE COMPANY INC SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TRADESMEN INTERNATIONAL TRANE US INC TURNERS PORTABLE WELDING U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP WAXIE SANITARY SUPPLY ANDERSON, W WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY XEROX GOVERNMENT SYSTEMS LLC CALIFA GROUP WARRANT REGISTER #6 8/11/2015 DESCRIPTION MOP#45735 BUILDING MATERIALS FIREWORKS DISPLAY ON 7/4/15 AQUATIC CENTER JANITORIAL 'SUPPLIES- NUTRITION 8TH STREET SMART GROWTH R & M CITY VEHICLES AS NEEDED MOP 45756 MISC SUPPLIES - PW KNIFE SHARPENING SVCS - NUTRITION KIMBALL PARK, EL TOYON MOP#45742 LAUNDRY AUDITING SERVICES / FINANCE REPAIR COMMUNICATION HEADSET- FIRE AQUATIC CENTER NEW EMP FINGERPRINT TEST-JUNE 2015 REGISTRATION: PETTY CASH FUND POLYCARBONTE CLR DISC W/HOLS 1/4" THK PLATECARRIER POINT BLANK LOW / PD PROCESSING CHARGES TRUST ACCTG CHARGES - JUNE 2015 FORENSIC SERVICES / FIRE FACILITIES DIVISION GAS & ELECTRIC FOOD / NUTRITION CENTER MOP 45756 MISC SUPPLIES - PD #10 LEFT WINDOW ENVELOPES FOR HOUSING AUTOMOTIVE SUPPLIES / PW MOP#45758 OIL AND LUBRICANTS A AVE GREEN STREET WATER FOR MAYOR/COUNCIL FY15 SAFCO MOBILE STAND/PLAN CEN'J ER DEPOSIT #1724 BAYSHORE BIKEWAY DEPOSIT #1808 PLAZA BONITA ED REIMBURSEMENT BADGE FOR CITY TREASURER USAGE SCREENING / JUL 10 2015 FACILITIES DIVISION WATER BILL CONSUMABLES/FOOD - NUTRITION REFUND: OVERPAYMENT OF B/L COPPER TUBES / PW WELD REPAIR PARTS FOR 726 W 19TH STREET CREDIT CARD EXP - PD PRE -EMPLOYMENT PHYSICAL UPS CHARGES - PD MOP#62683 AUTO PARTS JANITORIAL SUPPLIES - FIRE REIMB: INTERNATIONAL CONFERENCE UPDATED CA CODE BOOKS MOP#45763 AUTO PARTS FIREHOUSE SOFTWARE ENTERPRISE MEMBERSHIP RENEWAL - LIBRARY CHK NO 319067 319068 319069 3i9070 319071 319072 319073 319074 319075 319076 319077 319078 319079 319080 319081 319082 319083 319084 319085 319086 319087 319088 319089 319090 319091 319092 319093 319094 319095 319096 319097 319098 319099 319100 319101 319102 319103 3191n4 319105 319106 319107 319108 319109 319110 319111 319112 319113 319114 319115 DATE 8/11/15 8/11/15 8/1 1 /15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 8/11/15 2/3 AMOUNT 229.06 6,952.00 2,724.50 218.71 79,960.68 10,114.95 2,828.85 46.00 10,512.10 352.68 25,000.00 933.56 7,807.73 36.00 8.00 147.15 31,221.96 330.50 10.00 12,000.00 35,967.71 826.47 373.84 1,340.72 584.04 508.95 4,126.50 42.42 1,601.35 23,381.65 1,760.00 250.00 126.00 351.00 23,934.70 4,006.95 388.00 1,308.30 1,747.58 432.00 506.00 12.22 352.02 96.01 177.58 329.81 35.71 6,750.00 400.00 PAYEE MEGAN SCIENTIFIC NEWSBANK INC SCHIMMINGER, S • SCOTT KIRSCNENBAUM U S POSTMASTER WILLY'S ELECTRONIC SUPPLY MAZZARLLLA LORENZANA LLP THE LAW OFFICES OF EDWARD Z KOTKIN WARRANT REGISTER #6 8/11/2015 DESCRIPTION PERFORMER - SCIENCE OF RHYTHM EVENT SUBCRIPTION WORLD NEWS -LIBRARY REIMBURSEMENT / LIBRARY SUPPLIES DVD - YOU'RE LOOKING AT ME LIKE I LIVE POSTAGE FOR OVERDUE NOTICES USB CONVERTER FOR RECEIPT PRINTER LEGAL / ROSENOW, SPEVACEK GROUP / S A LEGAL / OVERSIGHT BOARD S A GRAND TOTAL 3/3 CHK NO DATE AMOUNT 319116 8/11/15 240.00 319117 8/11/15 4,495.00 319118 8/11/15 20.00 319119 8/11/15 53.00 319120 8/11/15 98.00 319121 8/11/15 15.85 319122 8/11/15 75.00 319123 8/11/15 240.00 A/P Total 524,794.15 $ 524,794.16 Certification IN ACCORDANCE WITH SECTION 37202, 3720R, 372059 Of Th'HE (, OVERNMENTT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYWffiNT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOUS, MEMBER MONA PIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 151 OF SEPTEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 9/15/2015 —Page 119 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended July 31, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended July 31, 2015. PREPARED BY: Ronald Gutlay DEPARTMENT: Financ PHONE: 619-336-4346 APPROVED BY: Z, EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending July 31, 2015. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2015. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger I City of National City Consolidated I Account #10218 Transaction Ledger 6/30/15 Thru 7/31/15 Transaction Settlement Acgt>3isp rlitrfrift4 TYPE 0-1e CUI,1P Quantity Seratrity Description Price !f1011; 4I442+011 „ "harp t5lt ' ACQUISITIONS Purchase 07/02/2015 60934N807 1.19 Federated Govt Oblig Fund Inst. 1.000 0.01 % 1.19 0.00 1.19 Purchase 07/12/2015 60934N807 1,837.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 1,837.50 0.00 1,837.50 Purchase 07/15/2015 60934N807 418.75 Federated Govt Oblig Fund Inst. 1.000 0.01 % 418.75 0.00 418.75 Purchase 07/15/2015 60934N807 335,000.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 335,000.00 0.00 335,000.00 Purchase 07/15/2015 90LAIF$00 21,334.91 Local Agency Investment Fund State Pool 1.000 0.29 % 21,334.91 0.00 21,334.91 Purchase 07/16/2015 60934N807 2,025.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 2,025.0C 0.00 2,025.00 Purchase 07/20/2015 60934N807 367.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 367.5C 0.00 367.50 Purchase 07/28/2015 60934N807 5,581.25 Federated Govt Oblig Fund Inst. 1.000 0.01 % 5,581.25 0.00 5,581.25 Purchase 07/28/2015 60934N807 470,000.00 Federated Govt Oblig Fund lnst. 1.000 0.01 % 470,000.0C 0.00 470,000.00 Purchase 07/29/2015 60934N807 1,107,25 Federated Govt Oblig Fund lnst. 1.000 0.01 % 1,107.25 0.00 1,107.25 Purchase 07/30/2015 60934N807 2,500.00 Federated Govt Oblig Fund Inst. 1.000 0.01 % 2,500.0C 0.00 2,500.00 Purchase 07/31/2015 3135G0RT2 350,000.00 FNMA Note 100.013 0.87 % 350,044.8C 348.78 350,393.58 0.875% Due 12/20/2017 Purchase 07/31/2015 60934N807 5,207.50 Federated Govt Oblig Fund Inst. 1.000 0.01 % 5,207.5C. 0.00 5,207.50 0.00 Purchase 07/31/2015 912828XK1 450,000.00 US Treasury Note 99.680 0.99 % 448,560 10 171.20 448,731.30 0.00 0.875% Due 7/15/2018 Subtotal 1,645,380.85 1,643,985.75 519.98 1,644,505.73 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Security 07/31/2015 90SDCP$00 8,000.00 County of San Diego Pooled Investment 1.000 8,000.00 0.00 8,000.00 0.00 Contribution Pool Subtotal 8,000.00 8,000.0C 0.00 8,000.00 0.00 TOTAL ACQUISITIONS 1,653,380.85 1,651,985.75 519.98 1,652,505.73 0.00 DISPOSITIONS Sale 07/31/2015 60934N807 799,124.88 Federated Govt Oblig Fund Inst. 1.000 0.01 % 799,124.88 0.00 799,124.88 0.00 Subtotal 799,124.88 799,124.88 0.00 799,124.88 0.00 Maturity 07/15/2015 912828TD2 335,000.00 US Treasury Note 100.000 335,000.0C 0.00 335,000.00 365.28 0.25% Due 7/15/2015 Maturity 07/28/2015 31398AU34 470,000.00 FNMA Note 100.000 470,000.00 0.00 470,000.00 -27,406.17 2.375% Due 7/28/2015 Subtotal 805,000.00 805,000.00 0.00 805,000.00 -27,040.89 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 8/25/2015 9:31:53 AM City of National City Consolidated Account#10218 Transaction Ledger 6/30/15 Thru 7/31/15 Transubtiarn Setilernent ype. auto CU iP DISF'u SI I IUN;j __044ntity Security O eraplla i a if Security Withdrawal 07/07/2015 60934N807 Subtotal 1,119.00 Federated Govt Oblig Fund Inst. 1,119.00 1.000 1,119.00 1,119.00 0.00 0.00 1,119.00 1,119.00 0.00 0.00 TOTAL DISPOSITIONS 1,605,243.88 1,605,243.88 0.00 1,605,243.88 -27,040.89 OTHER TRANSACTIONS Interest 07/12/2015 3137EADN6 490,000.00 FHLMC Note 0.000 1,837.50 0.75% Due 1/12/2018 Interest 07/15/2015 912828TD2 335,000.00 US Treasury Note 0.000 418.75 0.25% Due 7/15/2015 Interest 07/16/2015 94974BFG0 270,000.00 Wells Fargo Corp Note 0.000 2,025.00 1.5% Due 1/16/2018 Interest 07/20/2015 3135G0E33 280,000.00 FNMA Note 0.000 367.50 1.125% Due 7/20/2018 0.00 0.00 0.00 0.00 Interest 07/28/2015 31398AU34 470,000.00 FNMA Note 0.000 5,581.25 0.00 2.375% Due 7/28/2015 Interest 07/29/2015 3133ECFV1 515,000.00 FFCB Note 0.000 1,107.25 0.43% Due 1/29/2016 Interest 07/30/2015 3135G0GY3 400,000.00 FNMA Note 0.000 2,500.00 1.25% Due 1/30/2017 Interest 07/31/2015 084670BD9 285,000.00 Berkshire Hathaway Note 0.000 2,707.50 1.9% Due 1/31/2017 Interest 07/31/2015 912828SD3 400,000.00 US Treasury Note 0.000 2,500.00 1.25% Due 1/31/2019 0.00 0.00 0.00 0.00 1,837.50 0.00 418.75 0.00 2,025.00 0.00 367.50 0.00 5,581.25 0.00 1,107.25 0.00 2,500.00 0.00 2,707.50 0.00 2,500.00 0.00 Subtotal 3,445,000.00 19,044.75 0.00 19,044.75 0.00 Dividend 07/02/2015 60934N807 20,543.36 Federated Govt Oblig Fund Inst. 0.000 1.19 0.00 1,19 0.00 Dividend 07/15/2015 90LAIF$00 2,680,789,568,61 Local Agency Investment Fund State Pool 0.000 21,334.91 0.00 21,334.91 0.00 Subtotal 2,680,810,111.97 21,336.10 0.00 21,336.10 0.00 TOTAL OTHER TRANSACTIONS 2,684,255,111.97 40,380.85 0.00 40,380.85 0.00 Ms Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 8/25/2015 9:31:53 AM CC/CDC-HA Agenda 9/15/2015 — Page 123 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - First Quarter 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: National City Sales Tax Update Newsletter — First Quarter 2015 PREPARED BY: Ed Prendell, Budget Analyst DEPARTMENT: Finance �,1 PHONE: 619-336-4332 APPROVED BY: 4,( EXPLANATION: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's January through March sales were 7.9% above 2014's first quarter. Actual sales were up 9.2% with reporting aberrations factored out. Most major industry groups were up for the quarter with gains concentrated in the autos and transportation, general consumer and restaurant and hotel groups. New and used motor vehicle dealer and auto leasing categories added most to autos and transportation gains. Apparel store and specialty store categories helped to lift general consumer goods results. All restaurant types reported increases; some benefited from new business additions. Reporting aberrations temporarily reduced the increase in the building and construction group. As they did statewide, lower prices at the pump pared fuel and service station proceeds. A retroactive accounting adjustment to reverse a prior payment error caused the business and industry drop. Net of payment anomalies, revenues from the city's voter -approved Measure D were up 8.2%. Adjusted for aberrations, taxable sales for all of San Diego County grew 4.5% over the comparable time period; the Southern California region was up 3.2%. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L%r` ekieet %7 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — First Quarter 2015 National City In Brief Receipts for National City's Janu- ary through March sales were 7.9% above 2014's first quarter. Actual sales were up 9.2% with reporting aberrations factored out. Most major industry groups were up for the quarter with gains con- centrated in the autos and trans- portation, general consumer and restaurant and hotel groups. New and used motor vehicle dealer and auto leasing categories added most to autos and transportation gains. Apparel store and specialty store categories helped to lift general consumer goods results. All restau- rant types reported increases: some benefited from new business addi- tions. Reporting aberrations tem- porarily reduced the increase in the building and construction group. As they did statewide. lower pric- es at the pump pared fuel and ser- vice station proceeds. A retroactive accounting adjustment to reverse a prior payment error caused the busi- ness and industry drop. Net of payment anomalies, reve- nues from the city's voter -approved Measure D were up 8.2%. Adjusted for aberrations. taxable sales for all of San Diego Coun- ty grew 4.5% over the comparable time period: the Southern California region was up 3.2%. • -CALIFOAXIA ! ' CtrySales Tax Update V�OUYCAtFo Ammo%National pity Seanld Quarter Releiptl for First eliartet Sales (January - March :015) SALES TAX BY MAJOR BUSINESS GROUP $1 600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $000,000 $400,000 — $200,000 $o Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia C & M Motors Truck Center Fairbanks Morse Engine Frank Hyundai Frank Subaru Frank Toyota Scion JC Penney Macys Mor Fumiture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Sweetwater Harley Davidson Target Tesoro Refining & Marketing Walmart Wescott Mazda Westair Gases & Equipment r ■ Business and Industry Fuel and Service Stations ■ 4th Quarter 2013 ■ 4th Quarter2014 Food Building and and Drugs Construction REVENUE COMPARISON Three Quarters - Fiscal Year To Date Point -of -Safe County Pool State Pool Gross Receipts S11,898,266 $12,490,721 Less Triple Rip* $(2,974,56) A (3,122,680) 2013-14 2014-15 $10,540,633 $11,025,600 1,351,396 1,455,628 6,238 9,483 Measure D $7,420,399 $7,810,450 Published by HdL Companies in Summer 2015Hdu. www. des.com lcom an 8-88.861.0220 P I CC1MP.�lNIfS Q1 2015 National City Sales Tax Update California as a Whole Local one cent tax receipts from sales occurring January through March rose 3.65% over 2014's comparable quarter after adjusting for reporting anomalies. An exceptionally strong quarter for auto sales/leases and restaurants was the primary contributor to the over- all increase. A rise in building -con- struction materials was also a factor although much of this growth came from specific office and sports facility projects in Northern California. Gains from sales of general consumer goods were primarily in value priced clothing, home furnishings and spe- cialty retail which includes pet sup- plies and cosmetics. Online shop- ping involving goods shipped from out of state continues to shift a ma- jor portion of the growth in general consumer goods to the countywide pools. The statewide gains were largely off- set by a 21% decline in receipts from fuel and service stations. Tax on Services The Board of Equalization has re- leased an estimate that levying sales and use tax on services would raise over $122.5 billion in state and lo- cal revenues or enough to lower the overall tax rate to under 4%. Originally imposed in 1933 as a 2 1/2% tax with only three exemp- tions, the legislature has gradually exempted more and more goods from the sales tax while raising rates to compensate for the corresponding revenue loss. This and the state's shift from a manufacturing to ser- vice economy has created the nation's highest sales tax rate on the narrowest basket of goods. Although more discussion is needed, there is interest in expanding the sales tax to services and lowering the rate to make the tax less regressive and more competitive while providing greater flexibility in the development of local tax bases. Tax on Jet Fuel The Federal Aviation Administration has ruled that sales taxes on jct fuel must only be used for airport and aviation programs. The rule applies to taxes levied after 1987 but is un- clear as to transactions tax districts, Pioposition 172 revenues, or revenues collected by jurisdictions without air- ports. Clarification will not be avail- able until FAA review and approval of a plan that has to be submitted by the state Department of Financc by December 8, 2015. Tax on Marijuana A pilot study for more effective track- ing and collection of sales taxes on medical cannabis is underway in the central and northern California districts. Because current registration policy allows a "decline to state" to avoid self-incrimination, the precise number of cannabis retailers is un- known. BOE findings are expected by November 2015. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 - $o a4 11 National City Q4 12 County Q4 13 Q4 14 California REVENUE BY BUSINESS GROUP National City This Quarter Autos/rrals. 3, % Others 10% Cans .Goods 31% Bus.alrvd. Restaurants 5% 9% NATIONAL CITY TOP 15 BUSINESS TYPES `!n thousands Business Type Auto Lease Casual Dining Department Stores Discount Dept Stores ElectronicslAppliance Stores Family Apparel Heavy Industrial Lumber/Building Materials New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel National City Q4 '14* Change 62.2 26,8% 135.6 4.7% 236.7 5.3% -CONFIDENTIAL - 101.7 132% 241.4 1.1% 67.0 30.8% CONFIDENTIAL - 1,183.0 204.9 175.0 77.6 122.4 91.0 102.7 8.1% 5.0% -8.6% -1.0% 0.3% 1.4% -4.6% County Change -6.2% 9.5% 1.1% 1.1% -0.7% 2.9% -1.2% 9.5% 6.8% 6.5% -16.0% 8.8% 3.1% 6.5% -9.5% HdL State Change -0.4% 5.9% 1.0% 0.9% 1.3% 5.1% 14.4% -0.7% 7.6% 7.5% -10.5% 7.6% 5.8% 12.5% -1.7% Total All Accounts County & State Pool Allocation Gross Receipts $3,832.0 7.1% $555.6 13.6% $4,387.7 . 7.9% 3.5% 9.7% 4.2% 3.8% 4.7% 3.9% Pools 13% CC/CDC-HA Agenda 9/15/2015 — Page 127 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. (Human Reso CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance amending City of National City Municipal Code Section 2.01. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report, September 1, 2015 Introduction of Ordinance Ordinance for Adoption CALIFORNIA NATIONAL CIlf �'Y c� ��AT City Council Staff Report September 1, 2015 ITEM Staff Report: An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. BACKGROUND The State of California Workers' Compensation Laws are set forth in the California Labor Code, Insurance Code, Unemployment Insurance Code, and other sources. Specifically, the Settlement of California Workers' Compensation Claims is dictated by the Department of Industrial Relations/Workers' Compensation Appeals Board. The Workers' Compensation Appeals Board exercises judicial powers vested by the Labor Code. Administrative Law Judges are required to approve all Workers' Compensation Claims by either: 1) A Compromise and Release — A settlement award paid in one lump sum payment inclusive of any projected future medical costs; or 2) A Stipulation with Request for Award — A settlement award paid in weekly installments exclusive of future medical costs. Such stipulated awards often include a provision under which the employer will pay the cost of future medical care related to the disability. When an employee's workers' compensation claim is ready for Settlement, a physician report is "rated" using specific criteria developed by the State to arrive at a percent of permanent disability that is equivalent to a sum of money. This sum of money constitutes the "Settlement" with the employee. The State mandates that employers immediately begin paying permanent disability benefit (even if there is a disagreement on the total amount of the Settlement), or if the City is waiting for Settlement paperwork. In addition, the Stipulations with Request for Award Settlements generally include "future medical" costs — these costs are unknown and are provided based on labor code (non -discretionary). As a result, there is very little discretion that can be applied to Workers' Compensation Settlements. Most Settlements presented to the City Council are simply approving payments already being made or payments that have been mandated by the State prior to the Settlement. In Page 2 Staff Report — An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. August 18, 2015 nearly all cases, except those which are litigated, there is little discretionary action provided to the employer under the Labor Code. With this action, staff seeks to amend the Municipal Code of the City of National City to set forth specific language related to the settlement authority of such Workers' Compensation claims related to the injury and disability of City of National City employees and volunteers covered under the City's Workers' Compensation Plan. DISCUSSION Absent a local provision of law or policy related to the authority to resolve Workers' Compensation Awards, staff has relied on the provisions of City of National Municipal Code Section 2.01.020, City Manager Powers -Duties, to govern this matter. Section 2.01.020.0 grants authority to the City Manager "To reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars;". As a result, Workers' Compensation Settlements for Compromise and Release Settlements over twenty-five thousand dollars and all Stipulations with Request for Award Settlements are currently brought before the City Council for approval. Because of the confidential nature of such personnel matters, these settlements are heard in Closed Session. Given the strict authority of Workers' Compensation Appeals Board and the formulaic award system as administered by Administrative Law Judges under the authority of the Board, staff seeks to define local authority accordingly. 1) Compromise and Release Settlements (lump sum payments) a. City Manager and/or his/her designee may approve up to twenty-five thousand dollars; b. City Manager may approve up to fifty thousand dollars for non -discretionary Compromise and Release Settlements; c. City Council shall approve all discretionary Compromise and Release Settlements over twenty-five thousand dollars. 2) Stipulations with Request for Award (with future medical costs — payments over time) a. City Manager and/or his/her designee may approve up to twenty-five thousand dollars; b. City Manager may approve any amount of a non -discretionary Stipulation with Request for Award; c. City Council shall approve all discretionary Stipulations with Request for Award over twenty-five thousand dollars. Page 3 Staff Report — An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code to establish the City Manager's authority to approve, settle or compromise Workers' Compensation claims under Chapter 2.01.020. August 18, 2015 RECOMMENDATION Amend City of National City Municipal Code Section 2.01.020 as follows: U. To reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars except for the settlement of Workers' Compensation settlements as provided in this chapter; X. To approve, settle or compromise Workers' Compensation awards in amounts not to exceed twenty five thousand dollars for discretionary Comprise and Release Settlements and Stipulations with Request for Awards, fifty thousand dollars for non -discretionary Compromise and Release Settlements, and all non -discretionary Stipulations with Request for Awards; and to delegate that authority. Should this settlement authority be granted as recommended, staff will provide summary closed session reports to the City Council of those cases settled within the City Manager's authority on a quarterly basis. FISCAL IMPACT There is no fiscal impact associated with this item. ORDINANCE NO. 2015 — 2406 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH THE CITY MANAGER'S AUTHORITY TO APPROVE, SETTLE, OR COMPROMISE WORKERS' COMPENSATION CLAIMS UNDER CHAPTER 2.01.020 WHEREAS, absent a local provision of law or policy related to the authority to resolve Workers' Compensation Awards, staff has relied on the provisions of City of National Municipal Code Section 2.01.020, City Manager Powers -Duties, to govern this matter; and WHEREAS, subsection "U" of section 2.01.020 grants authority to the City Manager "[t]o reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars"; and WHEREAS, as a result, Workers' Compensation Settlements for Compromise and Release Settlements over twenty-five thousand dollars and all Stipulations with Request for Award Settlements are currently brought before the City Council for approval in closed session because of the confidential nature of such personnel matters; and WHEREAS, given the strict authority of Workers' Compensation Appeals Board and the formulaic award system as administered by Administrative Law Judges under the authority of the Board, staff seeks to define local authority accordingly by amending Chapter 2.01.020. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as Subsection U of Section 2.01.020 is amended to read: U. To reject claims and demands against the City and, with the concurrence of the City Attorney to approve, settle or compromise such claims and demands in amounts not to exceed twenty-five thousand dollars except for the settlement of Workers' Compensation settlements provided for in this chapter; Subsection Xis added to Section 2.01.020 to read: X. To approve, settle, or compromise Workers' Compensation awards, and to delegate that authority, as follows: (i) in amounts not to exceed twenty five thousand dollars ($25,000) for discretionary Comprise and Release Settlements and discretionary Stipulations with Request for Awards; (ii) in amounts not to exceed fifty thousand dollars ($50,000) for non -discretionary Compromise and Release Settlements; and (iii) all non - discretionary Stipulations with Request for Awards. [Signature Page to Follow] Ordinance No. 2015 - 2406 Page Two PASSED and ADOPTED this day of , 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 134 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue. (Applicant: Victor Castillo) (Case File 2015-05 Z) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council voted to approve this item at the September 1, 2015 public hearing. The attached resolution is needed to take action on the item. A condition was added to require a wall separating the parking area from the remainder of the front yard. This condition is included on the attached Resolution as number 12. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A ZONE VARIANCE TO ALLOW A PARKING SPACE IN THE FRONT YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 1926 "E" AVENUE WHEREAS, the City Council of the City of National City considered a Zone Variance to allow a parking space in the front yard setback for a single-family home located at 1926 "E" Avenue, at a duly advertised public hearing held on September 1, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2015-05 Z, which is maintained by the City and incorporated herein by reference, along with other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on September 1, 2015, support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is less than half the minimum lot size required in the zone, which restricts the normal buildable area afforded standard -shaped lots, and given the location of the existing house, there is no room to locate a parking area — covered or otherwise — on the lot without encroaching into the required front yard setback. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple properties in the same neighborhood in the same zone which have parking areas in the front of lot, and since conditions ensure that appropriate permits will be submitted for construction of the driveway to meet City standards. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a single-family home is required to have at least two parking spaces per the Land Use Code, where there are none, and that parking in and of itself is required and allowed in all zones throughout the City. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: Resolution No. 2015 — September 15, 2015 Page Two General 1. This Zone Variance authorizes a parking space to be located in the front yard setback of single-family residential located at 1926 "E" Avenue. Plans submitted for approvals shall show the location of the parking space in substantial conformance with Exhibit A, Case File No. 2015-05 CUP, dated 3/19/2015. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Engineering 5. If the existing driveway is reconstructed, drainage shall be directed away from the foundation of the existing structure. 6. The maximum height of fences and walls within the front yard setback is four feet. The height of existing fencing or walls that exceed this dimension shall be reduced to four feet less for visibility and pedestrian safety purposes. 7 The existing gate used for vehicular access swings out across the sidewalk, which is prohibited. The gate shall be reconfigured or reconstructed so that it does not swing into the public right-of-way. 8. A driveway permit shall be obtained from the National City Engineering Division. The cost is $297. 9. A plan review and inspection fee of $500 shall be posted with the National City Engineering Division. Resolution No. 2015 — September 15, 2015 Page Three 10. All vehicular access to the property shall utilize a City -approved driveway apron and driveway. Driving a vehicle over the curb to access the property is a violation of National City Municipal Code Section 7.18.130, violation of which may result in citations or other legal remedies. Planning 11. Temporary vehicle covers or other similar structures are not permitted. Any existing structures of this kind shall be removed immediately. 12. A "pony" wall or similar obstruction shall be constructed adjacent to the north side of the proposed parking space, in order to prevent parking parallel to the front of the residence. Only perpendicular parking shall be permitted. Plans for the construction of the wall shall be to the satisfaction of the Planning Department. The wall shall be constructed prior to sign off of the driveway permit. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 139 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council approving an increase to the Fiscal Year 2016 budgeted position allocation for the Senior Assistant City Attorney position from 0.5 to 1.0 Full Time Equivalent (FTE) and increase the corresponding General Fund appropriations CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council approving an increase to the Fiscal Year 2016 budgeted position allocation for the Senior Assistant City Attorney position from 0.5 to 1.0 Full Time Equivalent (FTE) and increase the corresponding General Fund appropriations by a total of $70,000. PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Please see attached staff report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 001-2501 (Unassigned Fund Balance) $70,000 001-405-000-1 ** (Personnel) $70,000 ENVIRONMENTAL REVIEW: 'N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: tt rney MIS STAFF RECOMMENDATION: Adopt proposed Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Staff Report • Proposed resolution September 15, 2015 Staff Report Request to increase FY16 budgeted position allocation from 0.5 to 1.0 full-time equivalent (FTE) for Senior Assistant City Attorney position. Background The City Attorney's Office is currently budgeted for 2.5 attorney positions' and 1.0 executive assistant position. The number of attorney positions has not increased in the past 10 years. During the budget process for FY16, a request was made to increase funding for the existing Senior Assistant City Attorney position from part-time (0.5 full-time equivalent) to full-time (1.0 full-time equivalent) based on the work load flowing into the department and the legal support needs of the other departments. At the June 16, 2015 City Council meeting, the FY16 budget was approved, except for the increase in funding for the full-time request for the Senior Assistant City Attorney position. The FY 16 budget was adjusted to reflect an approximate $70,000 reduction, based on the action. The City Attorney was informed to return at a future date when there was a need for a full-time position. The City Attorney now returns to the City Council seeking approval of additional funding for a full-time position based on the need for a full-time position, as discussed in this staff report. General Responsibilities The City Attorney's Office is responsible for providing the legal advice to the City. The Office provides legal advice to the City Council, boards, commissions, committees, City Manager, and departments, on the matters before them, conflict of interest, and Brown Act issues. The City Attorney or the Deputy City Attorney attend all meetings of the City Council, workshop meetings of the City Council, CDC -HA, Successor Agency, Planning Commission, and Community and Police Relations Commission ("CPRC"). The other board, commission, and committee meetings are attended as needed. In connection with the legislative body meetings the Office attends, the Office advises on procedural and due process as well as other legal matters during the meetings; reviews and/or prepares all ordinances adopted by the City Council; and, reviews and/or prepares all resolutions adopted by the Council and boards and commissions. The City Attorney or the Deputy City Attorney provide new board and commission members trainings on the Brown Act, Rosenberg's Rules of Order, and the Political Reform Act, as well as periodic trainings on these matters to the boards, commissions, and committees. In addition, the City Attorney's Office is responsible for the legal defense of the lawsuits filed against the City, its officials and its employees. These include suits for damages arising out of alleged dangerous conditions of public property, police false arrest, excessive force, civil rights 1 Current budgeted attorney staffing is 1.0 City Attorney, 1.0 Deputy City Attorney, 0.5 Senior Assistant City Attorney. suits, employment, grievances, writs of mandate, and other alleged negligence by City officers and employees. The City Attorney actively manages, oversees, and directs the outside counsel in the defense of these types of suits. The City Attorney's Office reviews all contracts, drafts resolutions and ordinances, and advises all City departments on legal matters. The subject matters involved in providing legal advice to departments on any given day may include: • Public Contract Code; • Employment Law; • Labor Law; • Public Safety Officers Procedural Bill of Rights (POBOR); • Firefighter Procedural Bill of Rights Act (FFBOR); • Tort Law; • Government Tort Claims Act; • Use of Force/§1983/Civil Rights; • Public Records Act; • Political Reform Act; • Brown Act; • Planning and Zoning Law; • Subdivision Map Act; • California Environmental Quality Act (CEQA); • 5th Amendment Takings/Inverse Condemnation Law; • Procedural Due Process; • Substantive Due Process; Rules of Statutory Construction; and, Conflict of Interest. While this list is not exhaustive, it illustrates the range of legal issues that are commonly handled in advising City departments day-to-day. This day-to-day legal advice is relied upon by the departments in preparing items for the City Council's consideration, in executing the Council's Strategic Plan, and carrying out the City Manager's day-to-day operations. Workload The demands and responsibilities falling upon the office have increased over the past 10 years, but staffing levels have not. The number of laws affecting how cities do business has increased significantly over the years. Overall, the increased complexity of complying with the various laws that affect the day-to-day operations of the City has resulted in increased demands on legal 2 Staff Report September 15, 2015 staff. For example, if a matter took six hours to research and respond to ten years ago, it may now take ten hours to research and respond to the same type of matter because the magnitude of the research is now greater given the sheer volume increase in the number of laws and cases interpreting the laws which must be researched, reviewed and analyzed. The Office has undertaken efficiencies and streamlining efforts. Examples of such efforts include standardizing certain routine types of documents so that the amount of time needed for legal review is reduced; providing periodic training to departments on the standardized documents; and, streamlining the increasing volume of public records act requests received by the City so that many of the more common public records act requests are sent directly to the departments and the more complex or uncommon requests are sent to the City Attorney's Office. The implementation of these measures means that the requests worked on by the City Attorney's Office are more time intensive, even if the numbers directed to this Office have not increased significantly. A stagnant staffing level confronted with an ever increasing body of law does not allow for proactive and preventative legal work. Instead, staff can only respond to immediate urgencies or deadlines. 2013 2014 20152 Resolutions 194 181 210 /140 Ordinances3 224 9 15/10 PRA's 56 54 41/27 Litigation Cases 15 33 31/21 Pitchess Motions 7 6 9/6 Agreements 107 126 162/108 Requests for Legal 256 242 264/176 TOTALS 657 651 732/488 The numbers in the table above do not include work regarding employment or labor matters, matters for the City Council, trainings, presentations, or meetings attended. As shown in the estimated 2015 totals, the Office will likely exceed the prior year's number of requests for legal services from the departments. In addition, the Office is undertaking major revisions of 2 Estimated total number for 2015 based on current total through August 31 S`. The first number is the estimate, the second number is the total through 8/31. 3 These numbers reflect the overall number of ordinances, but not the complexity or length of any given ordinance. ° Every three years, major code amendments are adopted based on the state's Building Code changes. 2007, 2010, 2013 were the years of such code amendments. 2016 will be the next year of such amendments, resulting in a large increase in ordinances adopted that year. 3 Staff Report September 15, 2015 municipal code chapters, as well as preparing and providing trainings on contracts, Brown Act, Public Records Act, and Political Reform Act. Police Department Legal Support Needs Police Departments, generally, are under increasing demands, which necessitate increased legal support. Now, more than ever, police departments and police officers must be better trained in the law and more sensitive to the most up to date judicial pronouncements. The claim of negligent training is one of the most common claims against police officers and their departments. Cities can be held liable for a violation of a constitutional right by having a "custom" of constitutional deprivations. Such a custom can be established simply by being negligent in the training of officers, even though the custom has not received formal approval through the city's official decision making process. Trends in case law, and in society, demonstrate amplified judicial supervision and scrutiny of law enforcement agencies. Thus, a police department is tasked with remaining informed of all of the most recent legislative and judicial developments, understanding the often complex implications that these developments will have on the department's practices and policies, and implementing department -wide training on such developments almost immediately. New cases and legislative developments are being issued on a weekly, sometimes daily, basis. Without adequate legal staffing, a police department increases its exposure to and in litigation. The consequences of failure to remain apprised of the most recent legislative and judicial developments and provide adequate training are severe. Failure to meet this requirement can result in an officer's loss of his or her qualified immunities and a city's legal liability for monetary damages of thousands, or millions, of dollars. In addition to risk of legal liability, the risk of social liability is great. In today's world of increased scrutiny of police departments, there are daily reports in the media related to law enforcement practices. The law enforcement business is a dangerous one, and cities and police departments can never be free from all risk. Legal staff researches, reviews, and analyzes the cases so that appropriate legal advice can be provided to the Department to assist them in carrying out their law enforcement functions. For example, the issue of body cameras implicates a multitude of legal issues which will necessitate legal support in developing policies and procedures for the Department. Overall, it is clear that in the current climate of increased judicial and public scrutiny, adequate legal staffing for a police department is a necessity. The Police Department needs additional legal support, and has requested having an attorney located within the department for "office hours". While the Police Department has sufficient work for a full-time attorney, the current staffing level of the City Attorney's Office cannot provide such level of support. Historically, the Police Department has had legal support equivalent to no more than 0.5 of a position. The additional 0.5 position would allow this Office to provide increased legal support to the Police Department. 4 Staff Report September 15, 2015 Pending, On -going, and Up -coming Projects Below is a list of the pending legal support needs for the various City departments, through the end of December 2015. The list is broken down by department. This list is not exhaustive, but rather a snapshot of various pending, up -coming or on -going projects. This list is in addition to the day-to-day legal support, such as reviewing matters going before City Council and Planning Commission for legal sufficiency, responding to public records act requests and subpoenas (including coordinating, gathering, and reviewing all potentially responsive documents), drafting/reviewing routine agreements, drafting the resolutions for the agenda, attending meetings, providing legal advice throughout the day to the City's departments, and reviewing and analyzing court cases relevant to the City which are published daily. Neighborhood Services 1. Alpha Project Agreement 2. Sign Ordinance and workshop 3. Massage Ordinance re -write 4. RV Ordinance 5. Homeless Committee and Outreach Team 6. NCMC Title 1 re -write 7. Administrative Remedies and Enforcement (hearing and appeal process) 8. Administrative Citations update 9. Parking Enforcement update 10. Ordinance revisions for on -street activities (including "For Sale" signs) 11. Abatements Engineering 1. Two Amereso agreements 2. Three sets of ordinances for Alternative Cost Accounting Procedures 3. Construction contract revisions/rewrite 4. On -call agreements (12) 5. CalTrans funded consultant agreements (incorporating new requirements into City's contracts) 6. Aquatic Center — ongoing construction contract issues 7. Well -monitoring agreement 5 Staff Report September 15, 2015 8. Environmental removal agreement 9. SANDAG MOU for maintenance of bike path near Plaza Bonita Public Works 1. Security cameras bid 2. HVAC maintenance agreement — pending expiration 3. Traffic Signal Maintenance Contract 4. RFP for traffic signal maintenance Police 1. Massage Establishment — abatements and enforcements 2. RV Ordinance - subsequent enforcement and/or challenges 3. Evolving use of force legal standards 4. PRA and subpoena training for PD 5. Homeless issues/Temporary Activities Ordinance 6. Alcohol establishment issues 7. Entertainment Permits 8. Personnel matters 9. Tow Contract — fees 10. Body cameras (policy and procedures) 11. ARJIS information sharing/SANDAG MOU 12. Drug abatements 13. Municipal Code enforcement (court) 14. Contract training for PD 15. Policy and Procedures Manual review re PRA Housing, Grants & Asset Management 1. Subordination agreements (5) 2. Lease agreements (10) 3. Purchase and Sale agreements (5) 4. Closing documents review (3) 6 Staff Report September 15, 2015 5. Legal determinations on existing agreements (25) 6. HOME/CDBG contracts (12) 7. Housing inspection cases (20) 8. Purple Cow site 9. WI-TOD a. Grant Agreement b. Closing on Phase II c. Site Infrastructure Agreement 10. LRPMP execution Planning and Community Services 1. Adventure Center Operating Agreement 2. Port planning matter 3. Marina Gateway properties 4. LRPMP Tax Sharing Agreement 5. Stein Farm Operating Agreement 6. Kimball House Operating Agreement 7. Depot Operating Agreement 8. Palm Plaza property 9. RCP Block site (previously known as Gateway site) 10. Downtown Assets - Develop RFP for sale and development of H&M Goodies and site next to Trophy Lounge 11. Downtown Specific Plan Update with LUC Amendments (Parking Management Plan included to address everything west of "D" Avenue) 12. Southwestern College — negotiate MOU for shared parking 13. Marina District Plan (vision plan) 14. McKinley sites — governmental purposes in perpetuity issue 15. Las Palmas Pool — Medifit Operating agreement 16. Sign Ordinance workshop 17. Sign Ordinance enforcement 7 Staff Report September 15, 2015 18. Amortization — next phase 19. Green Auto Industrial Park 20. Environmental health and justice matters Human Resources and MIS 1. Police negotiations 2. Personnel Policy revisions 3. Affordable Care Act 4. Workers' Compensation/CM Settlement (authority ordinance revision) 5. Risk Management transition from SandPipa to CSAC and thereafter Finance Fire Library 1. Alternate Cost Accounting Project 2. Business License Ordinance regarding multiple locations 3. Taxi cab matter and continued operation of program 4. Form revisions for legal compliance 5. Budget Ordinance capturing deadlines and process 6. Audit letters 1. Rooftop Solar System Permits Ordinance - expedited review 1. Rules of Conduct 2. Policies for Library staff addressing certain matters 3. WINGS/After School Program Close-out Major Recent Projects As explained above, City departments request legal support to assist them with their projects. Many projects occur over long periods of time and require an extensive commitment of legal support over time. Some matters may take twenty hours of time, whereas other projects take well over a hundred(s) hours of attorney time. The following is an abbreviated list of various matters which this Office has provided recent legal support, which required more than a routine number of hours. The list specifically does not include litigation matters: 8 Staff Report September 15, 2015 Carmax Option Agreement FREBE Ordinances Required Setbacks Ordinance • Grading Ordinance • Stormwater Ordinance • Rooftop Solar Ordinance • Sign Ordinance • RV Ordinance • PACE Program • Public Works Acquisition and Relocation • WI-TOD Phase I remediation • WI-TOD site infrastructure • WI-TOD Phase II grant agreement • EDCO 218 process • Amortization • Parking Management Plan • Labor Negotiations • Massage Establishment Matters • Waterfront Adventure Center construction • ARTS Lease • Kimball Tower projects • Homelessness Memo and Presentation • Proposition D : extension of the sales tax • Digital Billboard — second face • Tow RFP update • Records Retention Schedule Update • 2004 Bond Payoff Fleet financing Financial Impact The full-time position cost of approximately $185,000 (salary and benefits), of which $60,000 is already budgeted. The current staffing levels cannot meet the legal support needs of the City. It is much more cost effective to have a full-time position perform the work as opposed to increasing outside counsel costs. The type of work to be handled by a Senior Assistant City Attorney could be handled by outside counsel at costs ranging from $250-$395 per hour. If outside counsel were hired at 20 hours per week, at $300 per hour, to help with the overflow, the cost would be approximately $24,000 per month for part-time assistance. Over a twelve month period, the total part-time outside counsel assistance would amount to approximately $288,000. Full-time outside counsel assistance would amount to approximately $576,000, over a twelve month period. 9 Staff Report September 15, 2015 The full-time position will allow us to continue providing the level of service for the transactional work needed by the City in its day-to-day operations. An in-house full-time position is more cost effective in comparison to hiring outside counsel assistance. Conclusion Staff requests in increase from 0.5 to 1.0 FTE for the Senior Assistant City Attorney position allocation and corresponding general fund appropriations by a total of $70,000. As explained above, the legal support needs of the City exceed the current funded staffing capacity. 10 Staff Report September 15, 2015 RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN INCREASE TO THE FY 16 BUDGETED POSITION ALLOCATION FROM 0.5 TO 1.0 FTE FOR A SENIOR ASSISTANT CITY ATTORNEY, AND INCREASING THE CORRESPONDING APPROPRIATIONS IN THE AMOUNT OF $70,000 WHEREAS, the City Attorney's Office is currently budgeted for 2.5 attorney positions and 1.0 executive assistant position; and WHEREAS, the legal support needs of the City warrant the increase to a full-time position, as explained in the staff report; and WHEREAS, it is much more cost effective to have a full-time Senior Assistant City Attorney perform the work as opposed to increasing the cost of outside counsel at costs ranging from $250-$395 per hour. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes an increase to the Fiscal Year 2016 budgeted position allocation from 0.5 to 1.0 FTE for a Senior Assistant City Attorney. BE IT FURTHER RESOLVED that the City Council hereby authorizes increasing the corresponding appropriations in the amount of $70,000. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 152 The following page(s) contain the backup material for Agenda Item: A resolution of the City Council of the City of National City, 1) approving Amendment No. 2 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE; September 15, 2015 AGENDA ITEM NO. ITEM TITLE: IA resolution of the City Council of the City of National City, 1) approving Amendment No. 2 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $223,110 towards completion of the Project, 2) authorizing the Mayor to execute the Amendment, and 3) authorizing the appropriation of $223,110 to the Project, to be reimbursed by the Port District via the terms of the Amendment (pending approval by the Board of Port Commissioners) PREPARED BY: (Stephen Manganieiloj DEPARTMENT: Engineering/Public Works PHONE: I336-43821 APPROVED BY: EXPLANATION: lOn August 13, 2013, the San Diego Unified Port District and the City of National City entered into an Amended and Restated MOU (on file in the Office of the District Clerk as Document No. 607444) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center. At the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project. Both parties subsequently executed Amendment No. 1 to the Amended and Restated MOU (on file in the Office of the District Clerk as Document No. 63880), thereby increasing the Port District's contribution to the Project by $500,000. In order to provide for an additional $233,110 in Port District CIP contributions to reimburse Project construction costs, staff is requesting City Council approval of Amendment No. 2 to the Amended and Restated MOU. This Amendment No. 2 will be presented to the Board of Port Commissioners for review at their "Special Meeting" on September 23, 2015. t/ig FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Appropriate $223,110 to Account No. 001-409-500-598-3816 (pending approval by the Board of Port Commissioners at their "Special Meeting" on September 23, 2015). ENVIRONMENTAL REVIEW: IN/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: \dopt the Resolution BOARD / COMMISSION RECOMMENDATION: IN/1N ATTACHMENTS: 1. (Amendment No. 2 2. Resolution AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER This AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER is made and entered into this day of , 2015, by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City". WHEREAS, on August 13, 2013, the parties entered into The Amended and Restated Memorandum of Understanding between the District and the City regarding the National City Aquatic Center (Project), on file in the Office of the District Clerk as Document No. 60744; and WHEREAS, on January 13, 2015, the parties executed Amendment No. 1 to The Amended and Restated Memorandum of Understanding between the District and the City regarding the Project, on file in the Office of the District Clerk as Document No. 63880. WHEREAS, due to increased costs of construction, the City has requested that the District increase the not -to -exceed amount of reimbursement under this MOU. NOW THEREFORE, the parties agree that The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center be amended as follows: A. Paragraph 2 shall be replaced in its entirety with the following: 2. District agrees to contribute a total amount not to exceed $4,633,110 to the Project for design and construction as follows: (a) District shall transfer to City $830,000 to be used towards design and/or construction costs. City acknowledges that this obligation of the District has previously been satisfied in full by a transfer on September 26, 2011. 1 (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,803,110 in accordance with and subject to Section 5 herein. B. Paragraph 3 shall be replaced in its entirety with the following: 3. City agrees to be solely responsible for any Project costs in excess of the $4,633,110 contribution from the District. City shall not be relieved of any obligations under this MOU due to increased expenses or cost overruns. C. All remaining terms shall remain in full force and effect. IN WITNESS WHEREOF, parties hereto have executed this Amendment No. 2 to The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center as of the day and the year first above written. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By By Deputy General Counsel Karen G. Porteous EVP, Administration APPROVED AS TO FORM: CITY OF NATIONAL CITY By Claudia G. Silva City Attorney 2 Ron Morrison Mayor RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER) WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL $223,110 TOWARDS COMPLETION OF THE PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT, AND AUTHORIZING THE APPROPRIATION OF $223,110 TO THE PROJECT, TO BE REIMBURSED BY THE PORT DISTRICT VIA THE TERMS OF THE AMENDMENT WHEREAS, on August 13, 2013, the San Diego Unified Port District ("Port District") and the City of National City entered into an Amended and Restated Memorandum of Understanding (MOU) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center; and WHEREAS, at the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project, and subsequently executed Amendment No. 1 to the Amended and Restated MOU increasing the Port District's contribution to the Project by $500,000; and WHEREAS, Amendment No. 2 to the Amended and Restated MOU provides for an additional $233,110 in Port District Capital Improvements Project contributions to reimburse Project Waterfront Adventure Center construction costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the Amended and Restated Memorandum of Understanding between the City of National City and the San Diego Unified Port District increasing the Port District Capital Improvements Project contributions an additional $233,110 to reimburse the City for construction costs of the Waterfront Adventure Center Project. Said Amendment No. 2 is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 157 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative purchasing established through National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purch CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative purchasing established through National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract 031715-Kii with the NJPA; and 2) the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized mobile shelving to expand capacity in the Police Department Evidence Room, in an amount not to exceed $387,149.25. PREPARED BY: Jose Lopez, Civil Engineering Tech PHONE: (619) 336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT O. APPROVED: 325-409-500-598-1182 (Police D1F): $238,353.81 325-409-500-598-1183 (Police DIF): $130,000.00 001-409-500-598-1181 (Police Dept. Building Improvements): $18,795.44 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Proposal/Quote 3. Final Layout Drawings 4. Resolution Background The purchase of a mobile shelving system for the evidence room is required to increase the capacity of Police Department evidence storage. The evidence room is currently well over capacity. Mobile shelving is an all metal shelving system that moves on rollers set on rails by means of hand cranks at the end of each shelving row. This allows for more compact storage by rolling shelving next to each other for storage and moving them apart when access is needed. Mobile shelving will, approximately; double the current shelving storage capacity. Purchase of Mobile Shelving Mobile shelving as a product is available from just a few manufacturers in the United States. All are available through government cooperate purchase programs such as the National Joint Powers Aliiance(NJPA) which allow for a direct purchase from any participating governmental agency in accordance with City of National City Purchasing Code section 2.26.260 (see discussion below in Method of Award). it is important to note that this purchase and installation is not subject to the Public Contract Code, but instead it is subject to the City's Purchasing Code section 2.26.260. Each product would require the manufacture to provide a layout that would best suit its product specifications within the existing conditions of the evidence room to achieve the most efficient layout and use of space. This service is included in the purchase price of mobile shelving. To provide adequate warranties manufacturers require that they put the mobile shelving together at the site in its final location. Importance of Selecting the Right Product and Company for the Evidence Room Shelving Upgrade The Police Department evidence room operates under strict rules and tight security. The current evidence room is the only location available within the City that evidence can be accepted and stored. Any upgrades done to the evidence room must be done while the evidence room continues its operations. The evidence contained within the evidence room is the result of police investigations into crimes ranging from bicycle theft to homicide. Evidence comes directly from a crime scene, arrests or an investigation and is carefully tagged, logged and submitted to the evidence room for storage. This process is called the "chain of custody". When evidence is called for to be presented in court in a criminal trial there is another chain of custody that must be followed to preserve the integrity of the evidence. At trial the chain of custody can be questioned and tested. If the chain of custody was broken or the integrity of the evidence comes into question it may lose its effectiveness at trial or may not be allowed to be used as evidence at ail regardless of the severity of the crime. A brake in the chain of custody is not correctable. With this in mind, the selection of a mobile shelving manufacturer and their product to ensure an error free layout and product placement within an operating evidence room become supremely important and paramount in the process of upgrading the storage capabilities of the evidence room. As mobile shelving requires the physical aspect of rolling the shelving using hand cranks, purchasing a system that is smooth, reliable and oasv to „se is essential to the efficiency of the operation of the evidence room. Furthermore, this will be the last time the evidence room storage will be upgraded in the near future. The current plan maximizes all available space for evidence within the Police Department building. Durability, warranty and service reputation must be of the best quality available. Selection Process Although all mobile shelving units have many similarities, each manufacturer has their own particulars about their product that needed to be quantified and qualified as suitable for use in the evidence room. Additionally, since each manufacturer requires that they put the shelving together, a complete background check is required to ensure the continued integrity of the evidence room operations. The selection of the manufacturer of the mobile shelving system to be purchased for the evidence room was a thorough process done through a selection committee. A formal selection process was established and a selection committee of representatives from the Police Department management, PD evidence room staff, Engineering Department staff and consultants were placed on the Selection Committee to perform the evaluation. The Police Department mobile shelving purchase process was started in September of 2013. Staff contacted all twelve shelving supply companies who were listed with CMAS, which is a pre -established list of vendors who have pre -negotiated and awarded contracts with the California State Department of General Services. Of the 12 companies contacted from the list, 3 produced the kind of mobile shelving units needed and all three were invited to and participated in the selection process. A numbered grading system was used and all documentation was cataloged and preserved. The selection process included: 1. Individual site visits by each supplier to the Police Department evidence room with a tour and description of the goals of the new mobile shelving. 2. Review of the building floor plan where the mobile shelving was to be installed by each manufacturer. 3. Individual presentations by each company to the Selection Committee followed by Selection Committee questions. 4. Submittals of comparative pricing of a sample typical layout of mobile shelving by each company. 5. Reference checks and site visits to locations of recent system installations of each company. The information sought by the committee was by nature and degree impractical if not impossible to obtain in a formal bid process. The selection process was more conducive to a request for proposal process than a request for bid process. Informational items sought included: a) Quality. Quality of similar installations, durability of the product and ability to work in an existing and functioning evidence room environment is difficult if not impossible to ascertain post formal bid. Due to the importance of the evidence room and the contents contained within, selecting a manufacturer that has a proven track record of successful similar installations is of a much higher relevance than other product purchases or installations. The reluctance of referenced agencies to speak candidly in a post bid environment does not provide the level of detailed information required for a proper evaluation. During the evaluation process used, we found other agencies to be very candid and forthcoming with their opinions and experiences with each manufacturer without the pressure of a pending bid award at stake. b) Ease of Use. Ease of use of the product for staff is very important as these products will be used daily by staff and would directly effect their work efficiency. Similarly, the ability to review products prior installations of a low bidder after a formal bid restricts time and location limits to an evaluation process. The process used allowed evidence room staff members the proper amount of time to evaluate each product by actually handling and using each product in a prior installation, c) Price. Because the aforementioned reasons were of the utmost importance in selecting a manufacturer, price would be only one factor in determining the overall value of the product. Part of the challenge of using a formal bidding process was to provide a biddable layout that maximizes the existing evidence room space using generalized criteria. By simply bidding out the mobile shelving product the City would have been required to make some fairly large assumptions as to the quantity and placement of the units that may or may not have worked for the specific product of the low bidder. This would have inevitably resulted in significant design and cost changes based on a specific manufacturer's own design for their product within the given space. Under the process used, each manufacturer was given a tour of the evidence room and was informed of the specific goals for the product. A smaller sample size installation that represented a quantity of product that could provide an "apples to apples" comparison was provided to each manufacturer to determine if there were any great disparities in prices. d) Availability through a cooperative purchase. Availability through a cooperative purchase was important to this process. As allowed under the Purchasing Ora ie i,e it provides the City with the security of knowing that the price paid for the products would be competitive and fair. ns a result of this process, Spacesaver Intermountain. LLC received the highest point total from the committee as a whole. This recommendation was based upon the cumulative results of the selection process as best value, most qualified to accommodate the special needs of the evidence room staff ongoing operations and confidence in performing and providing the best system. Staff received an inquiry from one of the vendors that participated in the process regarding the pending purchase of shelving from Spacesaver. Staff responded to the inquiry and informed the vendor that the process used to select and purchase the shelving conforms to the National City Purchasing Ordinance. Method of Award The National City Purchasing Ordinance provides for the purchase of items other than through the traditional formal bidding procedures. Under section 2.60.260 - Cooperative purchasing. The purchasing agent shall have authority to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the city. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the city's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the city had not initially joined with that public agency in the cooperative purchase. The National Joint Powers Alliance is similar to the California Multiple Award Schedule (CMAS) in that vendors have contracts in place that have. already been competitively bid and awarded to a governmental agency. Spacesaver is a current NJPA vendor and National City is a current member. The Spacesaver contract number is 031715-KII and the City of National City member ID is 49135. By taking advantage of Cooperative Purchasing, the City is able to use prices that were that were established through a competitive bidding process that is consistent with the city's procurement procedures as well as avoid the time and expense of going through a formal bid procedure. Proposed Purchase Order Price The current price proposed by Spacesaver for the complete shelving system in place is $387,149.25, per NJPA Contract #031715-Kil. Avoided Costs Under a formal bid process the typical cost for providing a layout and bidding this purchase is estimated at 10% of the ultimate purchase price. Additionally, as mentioned above, due to peculiarities between each manufacturer the final layout would most certainly change resulting in unknown extra costs. If City Council directs Engineering staff to publicly bid out the shelving system, it is important to understand the schedule impact on the overall Police Department project. The project would have to be re -bid to include the shelving system and specifications, and that would delay the beginning of construction by approximately three months. We understand the Police Department needs the improvements urgently. Staff Recommendations Staff recommends the City Council of the City of National City authorize, 1) the City (Buyer) to utilize cooperative purchasing established through National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract 031715-KII with the NJPA; and 2) the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized mobile shelving to expand capacity in the Police Department Evidence Room, in an amount not to exceed $387,149.25. Spacesaver National Joint Powers A.lhanc�e' Customer Name Today's Date National City PD September 9, 2015 Salesperson Linda Suarez 2015 NJPA (iVationai Joint Powers Alliance) - Contract No. 031715-KI PRODUCT LIST Discount % NJPA Discount NJPA Net Price Mobile $ 211,708.75 43.9% $ 92,940.14 1 $ 118,768.61 4 Post - Case Shelving $ 190,644.35 47.2% $ 89,984.13 $ 100,660.22 Cantilever Shelving $ - $ - $ - Frame WRX $ - $ - $ - Wide Span Shelving $ 2,626.00 38.4% $ 1,008.38 $ 1,617.62 Storage $ 69,514.00 43.9% $ 30,516.65 $ 38,997.35 Extend & High Bay Shelving $ - $ - $ - Spacesaver Industrial ActivRAC (CSS) $ - $ - $ - Open Market $ 35,152.00 Installation $ 59,987.00 TOTALS 1 $ 474,493.10 $ 214,449.30 $ 355,182.80 SALES TAX GRAND TOTAL $31,966.45 $387,149.26 rixsollelPr SPACESAVEIR INTERMOUNTAIN LLC 249 South 400 Eaal (801) 363.5882 main Salt Lake City, trt 84111 (801) 369-4326 fax www.SpocusavoriM.com OW. 111 r • MAIN EVIDENCE ROOM CONCEPT IMAGE Project Neon: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale 3/4" = 1 Rev level: Om- Ow— _`,� APPROVAL This drawing Approved By: Dated Copyright © 2015 Spacesaver Coipuratien. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otberwise or me xporntion Ito any inrmm#ion retrieval system wil6md &at receiving written approval from Spacesaver Intermountain LLC is expressly prohibited by law. H104 3116" 97 114"x42" d32" H104 3i16" 971/4'x4:2' d16' BANKER BOX-F BANKER BOX SPACESAVER. INTERMOUNTAIN LLC 24 Sauth 400 East (801) 363-5S6i rot rt Salt Lake City, UT 84111 (801) 3694326 fax www.5pacesave!IN+.00m H104 2416" 971/4"x3D" r116" H104 3116" 971/4548' d16" MEW ill MOB NEN 11 12 3/4" 12 3/4" 12 3/4" 12 3/4" 14 1/4" 12 3/4" 2 3/4" 97 1/4" 15/18" 104 3116" BANKER BOX BANKER BOX MAIN EVIDENCE ROOM H97 1/4" 971/4'k42" die" Project Name: National City PD - FINAL DRAWINGS A 'x se 1! mil Naafi tigatimio CDS H97 114" 971/4524' d13" 3/4" 6 3/4" 8 314" 6 3/4" 3/4" 6 3/4" S/4" S14" 111/4' 3/4' 97 1/4" CDS Project*: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 1/4" Q 1' APPROVAL This drawing Approved By: Dated Copyright C2 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incarporaion into any information retrieval system without first receiving written approval flan Spacesaver Intermrnmtain LLC is capresity prohibited by law. 1 III f-AS./ G,A V E R ?NTERMOUti7NTA + N uc 249 South 400 east (801) 363-5882 main Salt Lake C1y, UT 84111 (801) 359-4326 tx www.SpacesavorI M ccm HOMICIDE AREA 2 Project Name: National City PD - FINAL DRAWINGS P'roJect #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 3/4" = 1' APPROVAL 'Ibis drawing Approved Ely: Dated Copyright 0 2015 Spacesaver Corporation. This material is proprietary and confidential, arid the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any inform.rtion reiriwad system without first receiving written approval from Spacesaver Intermountain LLC is expressly prohibited by law. SPACESAVER INTERMOUNTAIN LLC 2A9 South 400 East (801) 3H3-5882 main San Lake Cliy, Ur ti4111 (Ef11; 309-4328 fox www.SpaceaavorlM corn HOMICIDE AREA 1 Project Name: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 AA Scale Rev level: APPROVAL This drawing Approved By: Dated e4 COPYRIGHT © 2015 SPAC Copyright ® 2015 Spaeesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrieval system without first receiving written approval from Spaeesaver Intermountain LLC is expressly prohibited by law. H831 /4" 76 1/4"x42" d20" 1483 3/16" 76 1/4"x42" d20" 21 3/4" 20 1/4" 20 1/4" 76 1/4" 8: 3/16" ///////////////////// ////////////////f U7 U8 IIISPAOESAVER INTERMOUNTAIN LLO 244 South 400 East (801) 343-5882 main Salt lake City Uf 84111 (801 359-4326 fox www.SpacesavorlM.com 8 15/18" HOMICIDE AREA 1 H941 /4" 94 1/4"x42" d20" 21 3/4" 'I -1 231 /4" ___:_l__-__,--\ i i 21 3/4" 21 3/4" U 10 Project Name: National City PD - FINAL DRAWINGS Project*: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale 3/8" =1' Rev level: 94 1/4" APPROVAL This drawing Approved By: Dated Copyright 0 2015 Spacesaver Cotparation. This matetia:i is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrinvri system without first receiving written approval firm Spacesaver Intermountain LLC is expressly prohibited by law. SPACESAVER INTERMOUNTAIN LLc 249 South 400 East (5111) 363 main Sall take City, UT 84111 (601) 359-4326 ma www.SpaceaaviuM.com Nom LAB CONCEPT IMAGE Min Project Nan:e: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 3/4" = 1 e APPROVAL This drawing Approved By: Dated Copyright C 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure riairoduction by photography, film, blueprint or otheawise or incorporation into any information reitirval system 'without first receiving written approval from Spacesaver lntermoxmtam 1,11; it expressly prohibited by law. SPACESAVER INTERMOUNTAIN LLC 249 South 40O East (BM) 363-5882 main Salt Lake City, UT 64111 (801) 389.4326 fax www. SpaceaavertMA.com H90 1/8" 85 1 /4"x42" d 15" -I\ NN 11111x, 11111111111 ,11... 1.... 1,111111111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U19 LAB 12 3/4" 12 3/4" 12 3/4" 15 3/4" 12 3/4" 12 3/4" } 851 /4" Project Name: National] City PD - FINAL DRAWINGS 901 /8" Project*: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale 1/2"= V Rev level: APPROVAL This drawing Approved By: Dated Copyright 0 2015 Spacesaver Corporation. This material is propdjtary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information natrieval system without first receiving written approval from Spacesaver intermountain LLC is expressly prohibited by law. SPACESAVER INTERMOUNTAIN LLa 249 South 400 East (801) 363-5882 mein Solt Lake ON, UT 84111 (801) 359-4326 tax www.SpacesaverIM.com Project Name: National City PD - FINAL DRAWINGS Project: Y APPR{)VAL 19568 This drawing Approved By: Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 3/4" = 1, Copyright 0 2015 Spacesaver Corporation, This material is proptiettuy and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retriewl swami without first recaivine writtcm aooroval from Spacesaver Intermotmtain LLC is expressly prohibited by law. 1196" 98"x8D" d30" WI 9s"x80" d24" SPAOESAVER INTERMOUNTAIN LLC 249 South 400 east (891) 363.5882 main Salt Lake City. Ur 04111 (891) 35 ' 4326 fax www.Spacesaver1M.com 96" W 2 H93 118" 88 1f4"x30'd18" U 25 H93118" 881/4x38' d18' U 26 SUPPLY ROOM - ELEVATIONS H931/8" 88 1/Vx30" d15' U 27 Project Name: National City PD - FINAL DRAWINGS H93 VS" 981/4"[k9" d•i5" 12 3f4" 12 3/4" 12 3/4" 183/4" ..... ... i 12 314" Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale 1/4" = 1' Rev level: 83 1/8" APPROVAL lliis drawing Approved By: Dated Cnnvrialrt cH �nl S C a suer Co anon This material is ro and confidential and tic disci d ar hoto mama, bl otharw' form 1 without tst.a:r;aing written approval from Spacesaver Intermountain LLC is expressly prohibited by law. H93 1/8" 88 1 /4"x36" d13" it1 11�...\ .... ,j .` \ ... .� `\ k C�'a I.m .. 11r`�t., iT. g :. II\ r. ice ..iI ' ii ,1... .ar 11 wirill II a� 1 .._ Firearms }8 `/4" 8 1/4" 1 71 8 1/4" $ .1f4" #8 1/4" 8 1 /4" 14 1/4" SPACESAVER INTERMOUNTAIN Ll_O 249 South 400 East (801) 363-5882 main Salt Lake Clty, UT 84111 (801) 359-4326 1'xt www.SpacesavertM.com /81/4" /8 1/4" H92 3/4" 92 3/4"x48" d24" ..\ J Long Guns FIREARMS - ELEVATIONS Project Name: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: APPROVAL This drawing Approved By: Dated 0 n N t,opyngiu a, wiz opacesaver . orparanon. tms matenru rs propnetary anu conflaen iai, :nd me disclosurereproduction by photography. film, blueprint or otherwise or incorporation into any information retrieval system without first receiving wrilten approval from Spacesaver Intermountain LLC is expressly prohibited ty law. H86 3/4" 86 3/4"x48" d 12" \..• • A. \, NNNN /7:Y//////////////////, U31 H86 3/4" 86 3/4"x42" d12" \.\ \\.• \.•• •.\ • • • • \\. ••• ••••• \\.\ • • • „\\ U 32 11 1/4" 11 1/4" NARCOTICS ELEVATIONS 2 3/4" 86 3/4" VProjecthlarne: Project VAPPROVAL I IIISFACESAVER National City PD - FINAL DRAWINGS Drawn 1INTERMOUNTAIN l LC Brad Tanner 249 South 400 East (801) 363-5882 main Salt Lake City. UT 84111 (801) 3e9-4326 tag www.SpaceaaverIM.cam Date Printed: 05/29/2015 Scale 1/2" = 1' Rev level: This drawing Approved By: Dated Copyright A 2015 Spacesaver Cmpo: ation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation Into any information retrieval system without first receiving written approval from Spacesaver Intermountain LLC is expressly prohibited by law, pp WIN t , r MO ilIFT'E1/4,9,E0sY,71„C 249 Sou rh 400 East (81n) 363-5882 main Salt Lake City, Ur 84111 ( i01) 359-4326 fax F7 SE Evidence Locker Concept Photo Protect Name: National City PD - FINAL DRAWINGS F1 Project*: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 APPROVAL This drawing Approved Dated www.SpaceseveriM.com Scale Rev level: 3/4' - 9 J Copyright 0 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrieval system without first receiving written approval flora Spaceserver Intermountain I.LC is expressly .xobibited by law. DIMENSIONS ARE FROM A.F.F. 13' 8" ED EVIDENCE LOCKERS WALL CUT OUT SPACESAVER INTERMOUNTA _N LLc 249 South 400 East (801) 363-5802 main Salt Lake Ctiy, UT E4111 (801) 359-4326 fax www,SpacesaverlM.com Project Name: National City PD - FINAL DRAWINGS. Project #: 19568 Drawn by: Bred Tanner Date Printed: 055/29/2015 Scale Rev level: APPROVAL This drawing Approved By: Dated Copyright e 2015 3pacesaver Corporation. This material is proprietary and con8dentiat, aad the diselosurc reproduction by photography, film wuc y„u v . �....,� . , u, wywnuw. uuv wq uuormauw� �cuu Yell ayeiwu w,uiuui AMR �ccccv�ug wuucu npprowu from Spacesaver Intermountain LLC is expressly prohibited by law. III SPACESAV ER INTERMOUNTAIN LLc 249 South 400 Fad (801) 363.5882 main Salt Lake City, UT 84111 (801) 359 4326 fax www.SpacesaverlM.som v U31 U31 Project Name: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 1/2" =1' APPROVAL This drawing Approved By: Dated Copyright 0 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise ar incorporation into any information �xbieval system withorrc first receiving wrigwt approval from Spacesaver Intermountain LLC is expressly prohibited by law. • 1' rLIICaEE AREA I INTPACESOUAVERNTATNERMLLC 249 South 400 East (801) 363-5882 main Salt lake Gty, Uf 84111 (801) 359.4326 too www.SpacesaverlM.com J.46 muss ltl8 WAs?8 631 r4" U8 U6 US US Ue U6 Ua U8 401+2" U8 U8 U6 US ¢ r1R u8 ua ■ f 4012" trA air e a kJ* tl D ua US US US 40 1 US U8 US US US r US U8 33'5 IC) 1 2" US u6 - U8 US U8 U8 ' US U6 4012" U8 U8 U8 US ua U8 m U8 U8 401 U8 U8 4t US U8 U8 U8 + US US 40 1 ['�U10 - U10 - U10 u \ >< U10 - U10 ® U10 - U10 U10 U10 U10 U10a ` :.'"^ U10 - U10u10 r 0 40" 111 Project `acme: National City PD - FINAL DRAWINGS Project*: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: ra 0G APPROVAL This drawing Approved By: Dated ep 0 on p ograp 5, -1s information retrieval system without first receiving written approval from Spacesaver intermountain LLC is expressly wohibited by law. 3/16" =1' ( �vriwht $a 7.na Rrsnasaver f'.trnnratinn. Thic material is rrnmrietasv and crofx ri irsstia! 88� th2 Aerie-env..f i(iQ Gl Ivy LOt 1Y1 "ni "• ^ "^•^P^ poostion into uny 2711 9116" 161/2" 32 9116" 32 1/2" FRIDGE a FRttEZER8 IO:R BOX BANKER BOX ®BANKER BOX BANKER BOX a BAKKER BOX a BANKER BOX a BANKER BOX RANKIER BOX • BANKER BOX *BANKER BOX 4 BANKER BOX BANK6:R BOX COB COS BANKER BOX BANKER BOX BANKER BOX - BANKER BOX a BANKER BOX BANKER BO BANKER BOX • BANKER BOX *BANKER BOX - BANKER BOX 32 1/2° BANKER BOX • BANKER BOX o BANKER BOX - BANKER BOX BANKER BOX BANKER BOX s BANKER BOX n BANKER BOX 32 1/2" BANI1171 BOX BANKER BOX *BANKER BOX a BARKER BOX DX ...PS A B 4u!"9 BANKER BOX m BANKER BOX m BANKER BOX *BANKER BOX 1Y8"e+M"8 32 1/2" 32 1/2" T 32 1/2" BANKER BOX BANIren BOX r BANKER BOX a BANKER BOX BANKER BOX v BANKER BOX BANKER BOX A. BANKER BOX BANKER BOX a BANKER BOX a BANKER BOX - BANKER BOX r BANKER BOX r BANKER BOX s BAKER BOX - BANKER BOX BAMKII.A DOX• BANKER BOX...BANKER BOX r BANKER BOX • BANKER BOX s BANKER BOX m BANKER BOX++ BANKER BOX 32 1/2" u BANKER COX . BANKER BOX *BANKER BOX BANKER BOX. BANKER BOX BANKER BOX BANKER BOX a BANKER BOX 22 W" ISPACESAVEP Ill INTERMOUNTAIN LLC 249 South 400 East (831) 363.5582 main Salt hake CHy, UT 84111 (811) 3594326 for www.SpacesavetrlM.com d FRIDGE / FREEZERS Project Name: Nati rnai City PD - FINAL DRAWINGS Project 1: 19568 Drawn by: Brad Tanner Date Printed: 0512912015 Scale Rev level: 1:80 APPROVAL This drawing Approved By: Dated Copyright C 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrieval system without fiat receiving written approval from Spacesaver intermountain LLC is expressly prohibited tk law. — 1i19 a ' U19,`�' U19 SPACESAVER INTERMOUNTA:N ue www.SpoceariverIPA.com 42" 1 f2" 42" 1 f2" 42" 1 182 1/8" Project Name: U19 U19 U19= 1U19 National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 114"=1' Rev level: APPROVAL This drawing Approved By: Dated a j O Copyright © 2015 Spaeesaver Corporation. This material is proprietary and confidential, Find the disclosure rennvimlinn by photography, film btueprin[ or otherwise or incapomtian into any infornfadon lwdif Jot system Without first receiving written aPPti4a� uU Spacesaver Intermofmtain LI.,C is expressly prohibited by law. 13'7112" 13'4 518" -I o a Firearms Firearm 4 Firearms Firearms �I 03" SPACESAVER INTERMOUNTAIN LLo 249 South 400 East (001) 363-5802 mcln Sall Lake City, Ur 84111 (8p1) 359-4326 fax www.3pacesaverlM.com Flreanns dM Firearms FirearmsI. lei �13• 32" b Imam a W 10 W Project Name: National City PD m FINAL DRAWINGS J Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale Rev level: 1:59 APPROVAL This drawing Approved By: Dated Copyright 0 2015 Spaeesaver Corparatioa. This material is proprietary, and confidential, and the disclosure reproduction by photography, film, blueprint or other wise or incorporation into any • information retrieval system without fast receiving written approval from Spacesaver Intermountain LLC is expressly prohibited by law. HOMICIDE AREA 2 23'3 5/16" 40" 40 9/16" 4D 9/16" 4 40 9/16' 48" 40 9/16" ‘12 a o 0 / `t ,_ 314 V�\�/\ e 3 0 F i Y 42" r o ,y a, 42' 42" 0 42' 42" X: 3 42" 42' 0 3 i 3 aa- 42" 42" 42 42" 42- �r 42" IIllf:TipmoEsui°Y-EP\.IN LLc 249 South 400 East (801) 353-5832 main Salt Lake City, UT 84111 (801) 35944326 fax www.SpacosoverIM.com Project Name: National City PD - FINAL DRAWINGS 3 VVVy�/V�l Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015 Scale A 1:86 a APPROVAL This drawing Approved By: Dated VI C trt N Rev level: o U Copyright ID 2015 Spacessver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any information retrieval system without first receiving written approval from Spacesaver intermountain LLC is expressly prohibited by law. 36" 1 1/ 249 South 400 East (801) 362 moil San lake City, lii 84111 (e01) 3594326 fax www.SpacesaverdM.com Project Name: National City PD - FINAL DRAWINGS Project #: 19568 Drawn by: Brad Tanner Date Printed: 05/29/2015. Scale Rev level: 1:36 APPROVAL This drawing Approved By: Copyright 0 2015 Spacesaver Corporation. This material is proprietary and confidential, and the disclosure rap, eduction by photography. film. blueprint or otherwise or incorporation into any information retrieval system without first receiving written approval from Spacesaver Intermountain LLC is expressly prohibited by law. RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO UTILIZE COOPERATIVE PURCHASING ESTABLISHED THROUGH NATIONAL JOINT POWERS ALLIANCE (NJPA), CONSISTENT WITH MUNICIPAL CODE SECTION 2.60.260 FOR COOPERATIVE PURCHASING, TO PURCHASE CUSTOMIZED MOBILE SHELVING FROM SPACESAVER INTERMOUNTAIN, LLC, BY COOPERATIVE PURCHASING ("PIGGYBACKING") THROUGH CONTRACT 031715-Kil WITH THE NJPA; AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SPACESAVER INTERMOUNTAIN, LLC, TO PURCHASE AND INSTALL CUSTOMIZED MOBILE SHELVING TO EXPAND CAPACITY IN THE POLICE DEPARTMENT EVIDENCE ROOM, IN AN AMOUNT NOT TO EXCEED $387,149.25 WHEREAS, the evidence room of the National City Police Department, which is over capacity, operates under strict rules and tight security and is the only location available within the City where evidence can be accepted and stored; and WHEREAS, a mobile shelving is an all metal shelving system that moves on rollers set on rails by means of hand cranks at the end of each shelving row that allows for more compact storage by rolling shelving next to each other for storage and moving them apart when access is necessary, and will approximately double the capacity of evidence storage; and WHEREAS, as a result of a selection committee process, Spacesaver Intermountain, LLC, received the highest point total from the committee based upon the cumulative results of the selection process as the best value, most qualified to accommodate the special needs and ongoing operations of the evidence room, and confidence in performing and providing the best system; and WHEREAS, the City of National City will get the best price for the purchase of customized mobile shelving from Spacesaver Intermountain, LLC, by "piggybacking" National Joint Powers Alliance ("NJPA") Contract 031715-KII, consistent with Municipal Code Section 2.60.260 for cooperative purchasing; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the National Joint Powers Alliance's procurement procedures are in substantial compliance with the City's, and authorizes staff to utilize cooperative purchasing established through National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase customized mobile shelving from Spacesaver Intermountain, LLC, based on their contract 031715-KII with the NJPA. Resolution No. 2015 — Page Two BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute an Agreement with Spacesaver Intermountain, LLC, to purchase and install customized mobile shelving to expand capacity in the Police Department Evidence Room, in an amount not to exceed $387,149.25. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 9/15/2015 — Page 187 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday, October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. I ITEM TITLE: Temporary Use Permit — St. Mary's Fall Festival hosted by St. Mary's Catholic Church on Sunday October 4, 2015 at the parish grounds located between E. 8th Street and "E" Avenue from 7 a.m. to 7:00 p.m. with no waiver of fees. PREPARED BY: Armando Vergara PHONE: (619) 336-43641 EXPLANATION: DEPARTMENT: NeighjaorhoyE/,ervices Department APPROVED BY: This is a request from St. Mary's Catholic Church to conduct the 2015 St. Mary's Fall Festival event on Sunday, October 4, 2015 at their parish grounds on E. 8th Street & "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, white elephant booth, sewing club arts & crafts, and game booths. Two (2) 20x20 canopies will be set up for dining and a rented stage will be used for event entertainment and dancing acts. No street closures will be required for this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City departments. Total fees are $237.00. rNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: G4pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Catholic Church EVENT: St. Mary's Fall Festival DATE OF EVENT: October 4, 2015 TIME OF EVENT: 7:00 a.m. to 7:00 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers shall face away from residential areas. Compliance with Title 12 required. RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event FINANCE * Festivals, Craft shows, etc. * A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. l' 1 A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) FIRE (619) 336-4550 NO COST FOR AFTER HOURS INSPECTION DUE TO DIRECTOR PARRA'S ATTENDANCE. DIRECTOR PARRA WILL CONDUCT AFTER HOURS INSPECTION WHILE AT EVENT Stipulations required by the Fire Department for this event are as follows: 1) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Hydrants shall not be blocked or obstructed 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Fire extinguishers to be mounted in a visible location between 3'/z`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Please see attached example 1' 2 9) If Charcoal is being used, provide metal cans with lids and Zabel "HOT COALS ONLY" for used charcoal disposal 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. Fee is to be paid directly to the National City Fire Department Administration offices prior to event 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: Tents: 0-400 sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 NOTE: Booths can be grouped in multiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required 14) First Aid will be provided by organization Note: Fees can only be waived by City Council. P3 COMMUNITY SERVICES: Community Services has no involvement or comments for this event. POLICE: The Police Department does not have any stipulations I will request reserves and put out "extra patrol" for the squads that are on duty CITY ATTORNEY: Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 1'4 Az' . (,44.•4-rwr Type of Event [� Public Concert ❑ Fair [Parade Demonstration © Motion P ctur e G,rand Opening . estivat HC0mmunIty event Circus Block Party Other Event Title: ST. MARYS FALL FESTIVAL Event Location: PARISH PROPERTY CHURCH PARKING LOT 8TH & "E" STS EventDate(s): FromSUNDAY, 0QZ0BER 4th, 2015 Actual Event Hours: 7 : 0 OAM to 7 : 00 PM Total Anticipated Attendance: 500 APIR titS Spectators) Setup/assembly/constriction Date: SAT . O A e 3 r d PM 8: 00 AM Please describe the scope of your setup/assembly work (specific details): ON C17URCH GROUNDS SET-UP INCLUDES ASSEMBLING BOOTHS, DECORATING BOOTHS AND GROUNDS, Dismantle DatM0NDAY, OURANIAYam, 2015AM 8 : 00 AM List any street(s) requiring closure as a result of this event. include street name(s), day and time of closing and day and time of reopening. NO STREET CLOSINGS �r r xr v +WANi4 Sponsoring Organization: ST. MARY' S CATHOLIC CHURCH Chief Officer ofOrganization (Name) FATHER NEMESTO SUNGCAD, PASTOR 426 E. 7th Applicant (Name): ALICE STEER CHAIRPERSON FALL FE51' L Address: 2929 E16th St. NATIONAL CITY Daytime Phone:4 7 5 - 2 414 Evening Phone: Fax E-Mail Contact Person 'on site- day of PriegrAMISTREBER CHAilin gON NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1'S 1' Is your organization a 'Tax Exempt, nonprofit` organization? DYES EJ NO Are admission_ entry, vendor or participant fees required? [j YES EINO tf YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? .t •..'11. Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. THIS IS AN ANNUAL PARISH EVENT. THERE WILL BE FOOD BOOTHS RELIGIOUS BOOTHS, WHITE ELEPHANT BOOTH, ARTS & CRAFTS, CBILDREN:S GAME BOOTHS, SCOUTS,. THIS IS A ONE -DAY EVENT. OYES NO tf the event Involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, List any additional dealers involved In the sale: DES®NO Does the event involve the sale or use of alcoholic beverages? YES NO Will Items or services be sold at the event? if yes, please describe: FOOD, SOFT DRINKS.PLANTB. RELIGIQUs ITEMS, WITF ELEPHANT ITEMS PG Y.- '1,111a.ti:. --. ra-..1 1=1YE1$+JO Does the event involve R moving route of any kind along sire, sidewalks or highways? If YES, attach a detailed map of your proposed route Indicate the direction of travel, and provide a written narrative to explain your route. [EYES ❑ NO Does the event involve a fixed venue site? tf YES, attach a detailed site map showing all streets impacted by the event IWYES NO Does the event involve the use of tents or canopies? If YES: Number of tentkcanoples 10 Sizes l 0x 10 NOTE: A separate Fire Department permit is required for tents or canopies. YESQNO Will the event Involve the usa of the Ci�t or your stage or PA system? SPECIFY: IS/ 0 GI Ty In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served atttteeveMOD PREPARED ON SITE IN COMMERCIAL KITCHENS If you intend to cook food In the event area please specify the method: x GAS X ELECTRIC _ CHARCOAL OTHER (Specify): 11 Portable and/or Perms 3 a ealii ETS IN CHURCH HALL & BACK OF CHURCH Number of portable toilets: 0 (1 for every 250 people is required, unless the applicant can =show that there are facilities In the immediate area available to the public during the event) ja.Tables # 10 ,! Chairs # 100 Fencing, barriersInViebarricades ,a Generator locations and/or source of electricity sG Canopies or tent locations (include tent/canopy dimensions) Booths, exhiblts, displays or enclosures Scaffolding, bleachers, plafforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above gz Trash containers and dumpsters (Note: You must property dispose of waste and garbage throughout the term of your event and Immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 15 Trash containers with lids: 12 x DesxxlTb oS pl�� SCI$� nd verl ofRTbste�r�d oarbagg MCP eveLit ALL DURING TUE DAY. TATf TTJf ma—QTTP C'nMMPPrTAT. -WIMP CT171I TO TtFi PICKED UP BY EDCO 3 P7 Please describe your procedures for both Crowd Control and internal Security: PARISHIONERS & RESIDENTS ARE AWARE OF OUR ANNUAL ONE -DAY EVENT. SECURITY: Notifyink NCPD TO ALERT REGULAR AND RESERVE OFFICERS ❑YEStO Have you hired any Professional Security organization to handle security arrangements for this event? tf YES, please list Security Organization: Security Organization Address: Security Director (Name): Phone: EIYES NO Is this a night event? tf YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing end Equipment. WE WILL DAVE A FIRST-A.I1) AREA WITH PERSONNEL AND FIRST AID SUPPLIES.FIRE DEPARTMENT AND PARAMEDICS ARE IN AREA. Please describe your Accessibility Plan for access at your event by individuals with disabilities: CHURCH HAS DISABLED IN ALL CHURCH PARKING LOTSAS WELL AS ON STREETS FESTIVAL GROUNDS ARE BLACRTOPPED AND VERY LEVEL Please provide a detailed description of your PARKING plan: CHURCH PARKING LOTS AND CITY STREETS Please describe your plan for DISABLED PARKING: 1TSR nv n17R 1)TSAALED PARKING SPACES. Please describe your plans to notify all residents, businesses and churches impacted by the event: BULLETINS. ANNOUNCEMENTSM CHURCH FLYERS, WORD-OF-MOUTH NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled In the City parks. tt ? t 4- r C-t ►..x.-i 3 taaM. t rv.4%z ,r-y � 1.1 t+..1M ,, w h. w rti r r l t, r. r$ r' n?.. r, a t A :' 1 .-I. . '.''4'‘., ; i 5 �. R" 4 1,4 YYES[ JNO Are there any musical entertainment features related to your event? If YES. please state the number of stages, number of bands and type of music. Number of Stages: 1 Number nf Bends: Type of Music: D.J. FOR BACKCRnrrbTr,USIC FOR PLEASURE AND ENTERTAINMENT & DANCE ACTS. YES ONO Will sound amplification be used? if YES, please indicate: Start time:12 : 30 AM Finish Time 5 : op PM ❑ YECINO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: PM Finish Time PM Please describe the sound equipment that will be used for your event: ❑YESE3 NO Fireworks, rockets, or other pyrotechnics? tf YES, please describe: W.AYESDNO Any elgrss, banners, dace: stionc, specie; t r g? If YES, plea describe: ON PARISH PROPERTY: BANNERS,SIGNS, BOOTH DECORATIONS 1 1'9 PLANTS 3-T 3-C ° 'FINANCE 1-L-T BOOTH 1-S-T 4-C MITE ELEPHAN 3-T 8001 TH 4-C S-O REIJGIOLIS Boom • GATE STAGE ELECTRICAL (0, Hot Water T = TABLES C = CHAIRS L= LONG TABLE S = SHORT TABLE 3-T + 3-C 20X 20' 6-C Gems 1W412015 GATE ier 11904* ammo OCUPUIll 2:r Camino OROUP S-T ir specs ir OD COVIlf Scouts 2-T • City of National City PUBLIC PROPERTY USE HOLD-HARMLS ANC INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ST_ MARY' S CATHOLIC CHURCH Person In Charge of Activity FATHER NEMESIA SUNGCAB. PASTOR Address 426 EAST 7th STREET PARISH OFFICE Telephone 414_!501 Date(s) of Use SUNDAY, ()CTOBER 4 th 2015 CHAIRPERSON: ALICE STEEBER 2929 EAST 16th STREET NATIONAL CITY HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any !!tgatlon and other liability, induding attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date Certificate of Insurance Approved Date 475-2414 P11 National City 39 1243 National City Blvd. 819-336-4330 / 59147 08/19/2015 10:02:48.000 Validation Receipt CNARfES- 001-45484-3585 001454 ST MARY' S FALL Rag CASIREG1 $ 237.00 S+-total PAYMENT - Check - 2784 ST NARY CATHOLIC Chlteo 7.00 t 237.00 stsus*sm0.00 THANK Y011i Business Hours: 7:00 - 8:00 liorday through Thursday Cloeed an Fridays EVENT DATE(S): LOCATION: CALIF OR'NIA diTIONAL ?or 3ORHOOD SERVICES DIVISION National City 39 1243 Motional City Blvd. 619-336-4330 / 59147 0)3/19/2015 10:02:40.030 Reg CA91R931 +g with your payment to the Finance ¢ant i ' L # 237.09 ck receipt to ' ur office (Customer Service). DATE: T EVENT: iVkiiel 15 . -Nos* f 20 '04 APPLICANT: glc j PROCESSING FEE: $ 0.[Aup_ck- Depending on City services requested, other fees may apply to your event. FOR OFFICE USE ONLY: Credit pay owing account: ti 1' 12 CC/CDC-HA Agenda 9/15/2015 — Page 201 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - 7th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E 4th Street with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — 7th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 31, 2015 from 10 a.m. to 3 p.m. at 2400 E. 4th Street with no waiver of fees. PREPARED BY: Armando Vergara PHONE: (619) 336-4364, EXPLANATION: This is a request from The Southbay Times, in conjunction with Paradise Valley Hfital, to conduct a Health & Wellness Fair at the Paradise Valley Hospital employee parking grounds (corner of E. 8th and Euclid Avenue) on October 31, 2015 from 10 a.m. to 3 p.m. This event will feature free flu shots, glucose testing, diabetes and cholesterol checks, and blood pressure testing. Local restaurants will participate with food specialties. This event is free to all residents, businesses and guests. Paradise Valley Hospital will provide security detail / crowd control and a First Aid booth will be provided by volunteer medical practitioners. There will be sufficient parking for all guests to park on the Hospital grounds. DEPARTMENT: Neighbo rvices Department APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through the various City departments, and $200.00 for Fire fees. Total fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Paradise Valley Hospital & The Southbay Times EVENT: 2015 Health & Wellness Fair DATE OF EVENT: October 31, 2015 TIME OF EVENT: 10 a.m. to 3 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Speakers should face away from nearby residential properties and comply with NCMC Title 12 (Noise). COMMUNITY SERVICES: 1. Community Services has no involvement or comments for this event. PUBLIC WORKS: (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. PARKS DIVISION: 1. The Park Division has no involvement I' 1 FACILITIES DIVISION: 1. The Facilities Division has no involvement STREET DIVISION: 1. The Streets Division has no involvement CITY ATTORNEY: Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE: Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth/tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) If applicable, concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides 7) If applicable, all cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be P2 required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. if applicable 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 13) First Aid will be provided by organization 14) Fire Department Fees can only be waived by City Council AFTER HOUR INSPECTION REQUIRED $200.00 FEE FOR AFTER HOUR INSPECTION 1' 3 FINANCE: All vendors must obtain a National City business license. POLICE: This has been a yearly event on private property and typically involves in-house security for this event. Request for extra patrol by on duty patrol units will be made for this event date. P4 T pe of Event: [� Public Concert Parade CJ Motion Picture Fair Festival ED Community event Demonstration Circus ❑Block Party Grand Opening ❑Other Event Title: 7th Annual National City Health & Wellness Fair Event Location: Paradise Valley Hospital Event Date(s): From 10/31/15 to 10/31/15 Actual Event Hours: 10:00 AM to 3:00 PM Total Anticipated Attendance: 250 (150 Participants 100 Spectators) Setup/assembly/construction Date: 10/30 Start time: 3:00 PM Please describe the scope of your setup/assembly work (specific details): assemble staging - set up canopies - etc. Dismantle Date: 10/31 Completion Time: 4Pm PM List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NONE. Sponsoring Organization: Paradise Valley Hospital / The Southbay Tim% Chief Officer of Organization (Name) Ditas Yamane Applicant (Name): 7th Annual National City Health & Wea Address: 140 W, 16th Street National City. CA 91950 Daytime Phone: 619-474-5300 Evening Phone: 619-474-5300 Fax: 619-474-6888 E-Mail ditasyamane@cox.net Contact Person "on site day of the event: Ditas Yamane Cellular: 619-921-5125 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS t'5 Is your organization a "Tax Exempt, nonprofit" organization? Lid YES n NO Are admission, entry, vendor or participant fees required? Lj YES NO If YES, please explain the purpose and provide amount(s): Admission - FREE Vendor/Exhibitor Fee to cover cost of the event. $ 5000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 4500 Estimated Expenses for this event. $ 500 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? '�](� l d' �} Y '� • �: y 7`l uµ.7 �7�r r J t Mw 1 = M:� st + .n r; �r rye ""n r`I sl f ji ra ptr o S G: liy ♦: Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Health & Wellness Program. FREE flu shot (while supply last) to members of our community. FREE health & wellness services. FREE health & wellness information, To promote health & wellness for a happy and healthy community! EYES 7NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: NO. YESnNO Does the event involve the sale or use of alcoholic beverages? YES[INO Will items or services be sold at the event? If yes, please describe: 1'6 ❑YES❑✓ NO ✓❑YES ❑ NO ❑✓ YES❑NO ❑ YES ✓❑NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 50 Sizes 1ox10 NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the C_yt or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served at the event: Paradise Valley Hospital Nutrition Center. If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ❑✓ Portable and/or Permanent Toilet Facilities Number of portable toilets: 2S11H (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # 50 and Chairs # 150 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 24 Trash containers with lids: 4 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean up after the event - removal of waste and garbage during and after the event by volunteers and hospital custodians. 1' 7 Please describe your procedures for both Crowd Control and Internal Security: PVH Security personnel and Event Volunteers to provide for crowd control and internal security. EYES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Paradise Valley Hospital Security Organization Address: 2900 Euclid Avenue National City, CA 91950 Security Director (Name): Phone: —}YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Day Time Event. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Paradise Valley Hospital and the Philippine Nurses Association will be providing First Aid & Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: PVH has ADA compliance for access by individuals with disabilities. t.•s:f�t'i?` ,t.,„1` .1.17'�7 +k{; S� ,- s ' jyS • - i- ! s 1 • �,; i�1i �' .11j y i w 1. a to i` 1 i,� i f ri i 1 �� Y ' i� ' � i ! t I I• TC., 7411. • ! M !I / y_ it* rt n, i{s a ; r �tji �1�. �pa17{�y +1f �+7' KN1�:•��'i i� 3to HIM ya�y ., r,{� .jFS�i'i1 .4.4#,17,4 71h r'NT. �'wIN TI Y�I/i!Mh�V� hiy{a!'!M�F�K M�+.J•I �i".J�'.' i►�Y!� Please provide a detailed description of your PARKING plan: PVH has ample parking plan during the event. Please describe your plan for DISABLED PARKING: PVH parking lot provides for disabled parking. Please describe your plans to notify all residents, businesses and churches impacted by the event: Flverinq, poster, newspapers, and social media networking and advertising. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 1> 8 QYESQNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: 1 Type of Music: family oriented. ❑✓ YES [NO Will sound amplification be used? If YES, please indicate: Start time* 9:30am AM Finish Time 3:OOpm PM YESIJ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9:30am AM Finish Time 3:00 PM Please describe the sound equipment that will be used for your event: DJ EYES ✓❑ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: None. YESENO Any signs, banners, decorations, special lighting? If YES, please describe: Banners ; Balloons; Posters 1'9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Paradise Valley Hospital / The Southbay Times Person in Charge of Activity Ditas Yamane Address 140 W 16th Street National City, CA 91950 Telephone (619) 474-5300 Date(s) of Use 10/31 /2015 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. titgoW Si: -' 're of Applicant Official Title Date For Once Use Only Certificate of Insurance Approved Date 10/31/15 P10 NATCI-1 OP ID: MF Af RLY CERTIFICATE OF LIABILITY INSURANCE DA�tMM1D°"""' 07/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the poticy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions piths policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SCF Insurance Services, Inc. License # 0606662 P.O. Box 1300 La Mesa, CA 91944-1300 Karen Marie Gallagher CONTACT Karen Marie Gallagher PHONE FAX c, Nc. Exa: 619-589-0303 sac, No): 619-589-1342 ADDRESS: kareng@scflnsurance.com INSURERS) AFFORDING COVERAGE NAIL II INSURER A:Philadelphia insurance Company ENSURED National City Public Safety Foundation 140 W 16th St National City, CA 91950 INSURERS: INSURER C INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE RA SD dyyVg POLICY NUMBER JMMULIDD EFF IYYYUMMLIDD YYYYYY)- LIMITS A A X COMMERCIAL GENERAL LIABILITY [X] OCCUR dab— X PHPK1358817 PHPK1358817 06/23/2015 06/23/2015 06/23/2016 06/23/2016 EACH OCCURRENCE $ 2,000,000 X I CLAWS -MADE Professional SES EB0CCUfu(u fence) i 100,000 MED EXt (Any one persor) $ 5,000 PERSONAL e. ADV INJURr $ 2,090,000 GEN'L X AGGREGATE LIMIT APPLIES PER JECT LOC POLICY n PRO ri OTHER GENERAL AGGREGATE $ 4,000,000 PRODUCTS COMP/OP AG $ 4,000,000 Prof liab s 1,000,000 AUTOMOBILE _, _. —HIRED LIABILITY ANY ALTO ALL OWNED AUTOS AUTOS -1 SCHEDULED AUTOS NRCsa 'NED _AUTOS I COMPlNED SINGLE LIMIT (Ea atciden0 $ BODILY INJURY (Per Damon) S BODILY INJURY (Pudent) er st $ PROPERTY DAMAGE JPeraccMenn S $ UMBRELLA LIAS EXCESS LIAB — OCCUo CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION EMPLOYERS' LIABILITY Y I N ANY PROPRIETORUPARTNERIE CUTIVE C OFFICER/MEMBER EXCLUDED% Mandatory In NH) II ¥BS, EemtrI 11ndW DESCRIPTION OF OPERATIONS oelow N(A JEk EDP. iTATUTE I Ek E L EACH ACc10 NT $ E.L DISEASE - EA EMPLOYEE $ E.L. D'SEASE • POLICY LIMIT $ A A DB,Oliability EPLI PHSD1055632 PHSD1055632 06/23/2015 06/23/2015 06/23/2016 06/23/2016 D&O EPLI 1,000,000 1,000,000 DESc'RIPTSDN OF OPERATIONS I LOCATIONS (VEI4CLES (ACORD 101, Addwenal Remark' Schedule, may be attached 1► more apace la 'squired) Certificate holder is additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National City Its official, agents, and em ployees 1243 National City Blvd. National City, CA 91950 ACORD 25 (2014/01) CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE to 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reg Istered marks of ACORD PI1 anuany pnonj 6th Annual National. City Health Et Wellness Fair! Saturday, OCTOBER 31, 2015 • 10AM • 3PM Paradise Valley Hospital - Employee Parking Lot (corners of E. 8th Street Et Euclid Avenue} National City, CA91950 1. H GAMES • ..• - .-444 1 7 . 3 ... . , - i . . " 'i. 1• ' — ...------- — 1.\.-,1 (1.:••--- \'_ -.. ,- ki 1-- i.".--'.')" —i ' .r. "-:: - .-' -' ..'.:\-•'. ,, --, ' . ' •. '• i, * 1 --i/\1V1 4- 4. "7s (1 , ,1 ,(I::4))1 '. (.i_—_. _1) -:7)— - 1 1 ' \V • t- East 8th Street 4 4 PARADISE VALLEY HOSPITAL outWap Elmo Wellness Fair Saturday, October 31, 2015 * 10am-3pm Paradise Valley Hospital Employees Parking Lot E. 8th Street & Eudid Avenue National City, California 91950 FREE 7th National City Health & Wellness Fair - promoting a healthy and happy community is brought to you by Paradise Valley Hospital and The 5outhbay Times in cooperation with the Health & Human Services South County and Center for Health Promotion Community Partners: Office of Cong. Juan Vargas Office of CA Sen. Ben Hueso Office of County Sup, Greg Cox, Office of Mayor Ron Morrison 5D TFC Lions Club ; 5D Majestic Lions Club, SD Classic Lions Club ; SD Presidents Lions Club, Sb Executive Lions Club ; SD Pathfinders Lions ; Rotary Club of Paradise Valley San Diego Phil. Nurses Association - San Diego We Print - printing solution National City Realty Services The Phone Shop ; Kaplan College Vice Mayor Jerry Cano Aunt Emma's National City and more ... Flu Shot (while supply last) Blood Pressure, Glaucoma, 6. Diabetes Screening Health S. Wellness Counseling 6 Information plus fun activities, prizes, fr surprises Des A Halloween Costume Contest - for children 12 and under -judging from 1:30pm-2:30pm - one winner Come S. Join the fun in promoting health 5, wellness in our community!!! For more information and booth participation, please call (919) 474-53 0 0 email: healthandwellnesshere@gmail.com I' 13 CC/CDC-HA Agenda 9/15/2015 — Page 216 The following page(s) contain the backup material for Agenda Item: Seeking concurrence to complete the Operating Agreement with MediFit so staff may return with an Operating Agreement and appropriation request for City Council approval on October 6, 2015. (Community Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Seeking concurrence to complete the Operating Agreement with MediFit so staff may return with an Operating Agreement and appropriation request for City Council approval on October 6, 2015. (Community Services) PREPARED BY: (Audrey Denham PHONE. i619-336-4243! EXPLANATION (See attached staff report.' DEPARTMENT: Cgmmu,nity Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: (N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached staff report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report Staff Report Seeking concurrence to complete the Operating Agreement with MediFit so staff may return with an Operating Agreement and appropriation request for City Council approval on October 6, 2015. Background On June 16, 2015 City Council approved staff's recommendation and authorized staff to begin negotiations with MediFit for the operation of Las Palmas Pool. MediFit is a privately -held fitness and wellness management and consulting company experienced in the management of aquatic centers. Update on Negotiations & Budget In an Operating Agreement with MediFit, revenues paid for the use of Las Palmas Pool by Southwestern College (SWC) and Sweetwater Unified High School District (SUHSD) would be paid directly to the City. Similar to the rental of any City facility to an outside organization, SWC and SUHSD would be required to complete a Facility Use Permit to rent Las Palmas Pool. We are still in negotiations with SWC and SUHSD regarding Facility Use Permits and rental fees. The City would be responsible for MediFit's management fee plus operating costs. The table below summarizes revenues and expenses for the operation of Las Palmas Pool by MediFit. This budget has been developed with no revenue stream for open swim and learn to swim classes; however, expenses to run the programs has been included. Therefore, City Council can determine appropriate fees for such programs if desired. FY15-16 (January -June) Revenue Southwestern College Sweetwater Union High School District Total Revenue Expenses Internal Service Charges MediFit Management Fee MediFit Operating Costs Total Expenses Existing FY15-16 Appropriation for Utilities Additional FY15-16 Appropriation Needed Net Cost to the City $ 62,500 $ 50,000 $ 112,500 $ 150,000 $ 30,000 $ 158,500 $ 338,500 ($ 100,000) $ 238,500 $ 126,000 FY16-17 Revenue Southwestern College Sweetwater Union High School District Total Revenue Expenditures Internal Service Charges MediFit Management Fee MediFit Operating Costs Total Expenses Net Cost to the City $ 125,000 $ 100,000 $ 225,000 $ 250,000 $ 60,000 $ 317,000 $ 627,000 $ 402,000 The current fiscal year budget includes the cost of utilities at $100,000 for January through June of 2016. An appropriation of $238,500 would be needed for this fiscal year. The total amount subsidized by the City for FY15-16 would be $126,000 based on an offset of $112,500 in revenue from SWC and SUHSD. The FY15-16 appropriation would be covered by a General Fund fund balance where additional revenues would offset the cost to operate the pool. In discussions with the Finance Department, internal service charges for FY15-16 are estimated at $150,000, and include Facility Maintenance and Information Technology. Facility Maintenance internal service charges include the cost of utilities. During the FY16-17 budget development process staff would include the above revenue ($225,000) and expenditures ($627,000) as part of the proposed budget. This is projected to have a net cost to the City of $402,000. Recreational Programming City residents, SWC and SUHSD each use approximately one third of programmable pool time. Although exact times have not been determined here is the proposed schedule: • Winter/spring season (January -May): 4.5 hours of open swim and learn to swim classes on both Saturdays and Sundays and a one hour group exercise class offered 4 days a week in the morning. • Summer (June -early August): 4.5 hours of open swim and learn to swim classes Monday through Sunday and a one hour group exercise class offered 3 days a week in the morning. • Fall/winter season (late August -December): schedule the same as the winter/spring season. Capital Investment On August 18, 2015 City Council established the appropriation of $189,525.66 from the YMCA to a corresponding expenditure account for Las Palmas Park improvements. The payment received from the YMCA represents the remaining balance of a $250,000 deposit provided to the YMCA by the City to be spent on deferred maintenance at Las Palmas Pool and Camacho Recreation Center. In order to open the pool in January 2016, capital and recreation equipment would need to be purchased by the City for safety, lifeguards, group exercise classes, lap swim, recreational swim, learn -to -swim classes and water polo. The approximate amount is $80,000 and items would need to be purchased prior to opening and would be funded from the appropriation of $189,525.66 which is currently budgeted in Capital Expenses. Of the $80,000 about $16,000 is for recreation equipment and a transfer to Maintenance and Operations would be needed. The additional appropriated funds would be used for deferred maintenance and to enhance the facility for users. This would include minor electrical, painting and refurbishing of existing equipment. Beyond the 18 months of the proposed Operating Agreement, there will be capital requirements that will be determined from the needs assessment for the Las Palmas facilities. Long -Range Feasibility Study & Needs Assessment Beginning in July 2017, SWC and SUHSD would no longer rent the pool as the new facility at SWC will be completed. As part of the Operating Agreement, MediFit would conduct a market analysis and feasibility study to determine the long-range strategy for pool operations. MediFit would complete this work by January 2017 so long-range strategies could be determined during the FY 2017-2018 budget process. Operating Agreement Deal Points Term: Begins when the agreement has been executed and ends July 2017 with the option to extend two additional one year terms upon mutual agreement. Reporting: Quarterly reports to the City denoting program participant numbers, total participant numbers, events and programs coordinated, total joint use time, budget, next year operating plan and fee schedule and any other pertinent statistics. Utilities: City responsible for providing and paying for all utilities or services necessary for operations, including but not limited to gas, water, electricity, trash, sewer charges, internet and telephone. Repair & Maintenance: City responsible for all repair and maintenance including pool chemicals, facility maintenance, landscape maintenance and janitorial. City Residents: City and MediFit will agree to special benefits and programs for National City residents. Programs and Fees: MediFit shall provide a -learn -to -swim program at affordable resident rates approved by the City. Open swim and other programs will be provided based on community need and viability. Fees and Payments: City will collect revenue from rental groups. City will pay MediFit a management fee of $5,000 per month and monthly operating costs not to exceed $525,000 during the term of the agreement. Staff Recommendation Seeking concurrence to complete the Operating Agreement with MediFit so staff may return with an Operating Agreement and appropriation request for City Council approval on October 6, 2015. Staff intends to move forward unless City Council has concerns regarding the budget and Operating Agreement deal points. CC/CDC-HA Agenda 9/15/2015 — Page 222 The following page(s) contain the backup material for Agenda Item: Report on Revised Notice of Preparation (NOP) for the National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment (UPD #EIR-2014-188; SCH# 2014121046) and authorization for staff to oppose the proposed marine re CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. ITEM TITLE: Report on Revised Notice of Preparation (NOP) for the National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment (UPD #EIR-2014-188; SCH-I# 2014121046) and authorization for staff to oppose the proposed marine related industrial overlay as part of the project described in the revised NOP. (CMO) PREPARED BY: Brad Raulston DEPARTMENT: Ci PHONE: 1336-4250 APPROVED BY: EXPLANATION: On August 19, 2015, the San Diego Unified Port District (District) issued a Revised Notice of Preparation (NOP) for the National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment. The project applicant is Pasha Automotive Services. ger's 0 The proposed project would expand Pasha operations to include the former Marine Terminal Tank Farm (6.8 acres) and the former Weyerhaeuser Lumber Company site (6.14 acres); the closure of portions of Quay Avenue, 28th Street, and 32nd Street for Pasha operations; a Port Master Plan Amendment to remove the streets from the Port Master Plan; the renewal of short-term use permits for Pasha operations; a Port Master Plan Amendment to incorporate Port -owned uplands properties (B-i and B-2 Parcels) into the PNMP; and the creation of a "marine related industrial" overlay that would be applied to two parcels to allow continued Pasha operations. The scope of the project is nearly 65 acres. At the request of the City, the Port extended the NOP deadline for comments by one week to September 28, 2015. Background report attached. FINANCIAL STATEMENT. Not Applicable ACCOUNT NO. APPROVED. APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION: I I FINAL ADOPTION: STAFF RECOMMENDATION: 1. Oppose the proposed marine related industrial overlay as part of the project described in the revised NOP; 2. Resubmit revised NOP comments; and 3. Work with the Port District to incorporate land use changes that are consistent with the Balanced Plan. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Background report. 2. Revised NOP Attachment 1 Background Report On August 19, 2015, the San Diego Unified Port District (District) issued a Revised Notice of Preparation (NOP) for the National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment (UPD #EIR-20 4-188;•SCtt# 2014121046). The project applicant is Pasha Automotive Services. The original project proposal to expand Pasha operations inci uded the paling of the former National City Marine Terminal (NCMT) Tank Farm (6.8 acres), closure of portions of Quay Avenue and 28th Street, a Port Master Pian Amendment (PMPA) to remove the streets from the Port Master Plan, and the potential renewal of short-term use permits (i.e., Tideland Use and Occupancy Permits and Tideland Use Permits) in the vicinity of the NCMT. The revised project proposal has added the closure of a portion of 32nd Street; a Port Master Plan Amendment (PMPA) to remove the street from the Port Master Plan; a Port Master Plan Amendment to incorporate District -owned uplands properties (B-1 and B-2 Parcels) into the PMP; a potential new real estate agreement to add the former Weyerhaeuser Lumber Company site (6.14 acres) to Pasha operations; and a "marine related industrial" overlay is to be added to two parcels. The revised project proposal has expanded the scope of the project site from 57 acres to nearly 65 acres. Staff is concerned with the proposal to create a "marine related industrial" overlay that would be applied to two parcels —one (Lot J) is currently designated Commercial Recreation in the PMP and the other (Lot K/B-1 parcel) is proposed to be designated Commercial Recreation. As described in the revised NOP, the overlay would allow the current use of both parcels for Pasha operations for an indefinite and potentially long-term duration. Current operations on Lot J are inconsistent with the underlying Commercial Recreation designation, and current operations on Lot K/B-1 would become inconsistent with the proposed Commercial Recreation designation. It should be noted that currently there are no provisions in the PMP for !and use "overlays." Furthermore, overlays typically apply in conjunction with the regulations of the underlying land use or zone designation and supplement those regulations. The proposed use of the "marine related industrial" overlay would be inconsistent with and counter to the existing and proposed underlying Commercial Recreation land use designations, effectively establishing a new and potentially long- term land use designation for the parcels without regard to the underlying !and use designation. In addition, the proposed overlay would be inconsistent with the National City Bayfront Marina District Vision Plan, prepared jointly by the District and City. The Board of Port Commissioners and the City Council directed staff to implement the recommended commercial designation on the B-1 Parcel. The proposed overlay would not be consistent with this direction. As the Port and City move forward with the proposed Balanced Plan, any proposed land use changes should be considered in conjunction with the development of the plan. The Balanced Plan is a comprehensive plan for the Marina District and Tidelands. The Planning Area includes land parcels that have been part of several proposals and studies over the past decade. The plan attempts to create the "win -win -win" between the Port District, the City of National City, and Port Tenants by balancing the increase of industrial uses with commercial and public uses and including mitigation for environmental impacts and public enhancements for National City. *Sc PING PERIOD EXTENDED .� j� REVISED NOTICE OF PREPARATION If" 1 DRAFT ENVIRONMENTAL IMPACT REPORT and NOTICE OF PUBLIC SCOPING MEETING for the :d NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND AOR c'0' STREET CLOSURES PROJECT & PORT MASTER PLAN AMENDMENT Notice is hereby given that the San Diego Unified Port District (SDUPD), as lead agency under the California Environmental Quality Act (CEQA), has prepared a Revised Notice of Preparation (NOP) of a Draft Environmentai Impact Report (EIR) for the "National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment" and the scoping period has been extended by one (1) week to Monday, September 28, 2015 at 5:00 pm. Project Title: National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment (UPD #EIR-2014-188; SCH# 2014121046) Project Applicant: Pasha Automotive Services Project Location: National City, CA 91950 (south of Bay Marina Dr, and west of Tidelands Ave) Description: The Project includes: (1) paving of the former National City Marine Terminal (NCMT) Tank Farm; (2) closure of portions of Quay Ave and 28th St; (3) a Port Master Plan Amendment (PMPA) to remove the streets from the Port Master Plan; and (4) potential renewal of four short-term use permits. The proposed tank farm and street closure site encompass approx. 9.7 acres, and the four short-term use permit sites are divided between four areas in National City that comprise approx. 47.3 acres. The Project was recently revised to also include the closure of a portion of 32nd St (approx. 1.51 acres), and a potential new real estate agreement on the former Weyerhaeuser Lumber Company leasehold (approx. 6.14 acres). The PMPA will also incorporate District -owned uplands properties and apply a maritime industrial overlay to a portion of those uplands properties. Combined, the overall Project site covers approx. 64.64 acres. The Project will provide additional space for marine terminal operations. Environmental Considerations: The Draft EIR will address the following potential project -related and cumulative environmental effects of the proposed project: air quality, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, transportation and traffic (including parking), and other potential impacts identified during the NOP process. The EIR will also address feasible mitigation measures and a reasonable range of alternatives, as well as the additional mandatory sections required by CEQA. Availability of the NOP: The complete Revised NOP is available for public review at the SDUPD Office of the District Clerk, 3165 Pacific Hwy, San Diego, CA 92101 and online at v'importofsandiego.orglenvironmenUcega-coastal-act-not ces.html. A copy of the NOP can also be obtained by contacting the SDUPD Environmental & Land Use Management (ELUM) Department at IQIf3\ cga G')spa V v"ULU,. Public Comments on the NOP: The scoping period for the Revised NOP, which was released for public comment on Auaust 20. has been extended by one week and will now end at 5:00 pm on Monday, September 28, 2015. Comments regarding the scope and content of the environmental information that should be included in the EIR and other environmental concerns should be mailed to: San Diego Unified Port District, ELUM Department, 3165 Pacific Hwy, San Diego, CA 92101, or emailed to abuzaiti@portofsandiego.org. Public Scoping Meeting: A public scoping meeting open house to solicit comments on the scope and content of the EIR for the Proposed Project will be held on Wednesday, Sept 9 from 5:00 p.m. to 7:00 p.m. at the SDUPD Admin Building Training Room, 3165 Pacific Hwy, San Diego, CA 92101. of's.gti of FQ PoR7 0\� San Diego Unified Port District P.O. Box 120488 San Diego, California 92112-;483 (619) 686-6283 REVISED NOTICE OF PREPARATION of a DRAFT ENVIRONMENTAL IMPACT REPORT PROJECT TITLE: NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT & PORT MASTER PLAN AMENDMENT (UPD #EIR-2014-188; SCH# 2014121046) APPLICANT: Pasha Automotive Services LOCATION: National City, California (see Figure 1) REFERENCE: California Code of Regulations, Title 14, Sections 15082(a), 15103, 15375. The San Diego Unified Port District (District) will be the Lead Agency in preparing an Environmental Impact Report (EIR) for the project (proposed project or project) identified above. The District is soliciting input and feedback from various agencies, stakeholders, and the public pertaining to the scope and content of the environmental information that will be included in the EIR. For certain agencies, this may be germane to statutory responsibilities in connection with the proposed project. An agency may need to use the proposed projects EIR when considering its permit or other approval for the project. The Project description, location, and possible environmental effects of the proposed project are contained in the attached materials. Due to the time limits mandated by state law, your comments must be sent at the earliest possible date but no iattr then 30 days after receiving this notice. Comments regarding ernrironrnental concerns will be accepted until 5:00 p.m. on Monday, September 21, 2015, and should be mailed to: San Diego Unified Port District, Environmental & Land Use Management Department, 3165 Pacific Highway, San Diego, CA 92101 or emailed to: abuzaitiW por tofsandieco.org. A public scoping meeting open house regarding the proposed Elk will be held on Wednesday, September 9 from 5:00 p.m. to 7:00 p.m. at the San Diego Unified Port District Administration Building, Training Room, 3165 Pacific Hwy, San Diego, CA 92101. For questions on this Notice of Preparation, please contact Anna Buzaitis, Senior Redevelopment Planner, at 619-686-6283. Signature. n H. Giffen Director, Environmen Land Use Management Date: Olt /.2-cOlj— CC/CDC-HA Agenda 9/15/2015 — Page 227 The following page(s) contain the backup material for Agenda Item: Report on Marina District/Tidelands Planning Area and seeking conceptual approval by the City Council for The Balanced Plan with mitigation and enhancements for National City. (CMO) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015' AGENDA ITEM NO. ITEM TITLE: Report on Marina District/Tidelands Planning Area and seeking conceptual approval by the City Council for the Balanced Plan with mitigation and enhancements for National City (CMO) PREPARED BY: Brad Raulstor$ DEPARTMEN PHONE: [Ext. 4256 APPROVED BY: EXPLANATION: (The City and Port District have been working together to develop a comprehensive plan for the National City Marina District and Tidelands. The Marina District/Tidelands Planning Area includes land parcels that have been part of several proposals and studies over the past decade. The conceptual plans attached as Exhibit A, and titled `Balanced Pian with Mitigation and Enhancements for National City", illustrate the existing land use designations and the proposed changes. The table and graph attached as Exhibit B calculates the sub -area acreage for existing land use designations, as defined by the Port Master Plan, and the proposed changed land uses resulting from a new rail spur and the partial closure of Tidelands Ave. The Balanced Plan attempts to create the "win -win -win" between the Port District, City of National City, and Tenants by balancing the increase of industrial uses with commercial and public uses and including mitigation for environmental impacts and public enhancements for National City. The Port District is scheduled to host a special meeting on September 23 to focus on National City issues. Port staff will be requesting direction from the Board of Port Commissioners on the Balanced Plan. City staff is recommending that the City Council take action to support the Balanced Plan and demonstrate that support at the Port District's special meeting. FINANCIAL STATEMENT: APPROVED: N/A Finance ACCOUNT NO. APPROVED: N/A MIS IN/AI ENVIRONMENTAL REVIEW: IN/A1 ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: 'Staff recommends the City Council take minute action to support the Balanced Plan with Mitigation and Enhancements for National City. , BOARD / COMMISSION RECOMMENDATION: IN/Aj ATTACHMENTS: 1. Background report a. Exhibit A — Balanced Plan Existing and Proposed Diagrams b. Exhibit B — Table and Graph with Sub -area Acreages Attachment 1 Report on Marina District/Tidelands Planning Area and seeking conceptual approval by the City Council for the Balanced Plan with mitigation and enhancements for National City The City and Port District have been working together to develop a comprehensive plan for the National City Marina District and Tidelands. The Marina District/Tidelands Planning Area includes land parcels that have been part of several proposals and studies over the past decade. The conceptual plans attached as Exhibit A, and titled "Balanced Plan with Mitigation and Enhancements for National City", illustrate the existing land use designations and the proposed changes. The table and graph attached as Exhibit B calculates the sub -area acreage for existing land use designations, as defined by the Port Master Plan, and the proposed changed land uses resulting from a new rail spur and the partial closure of Tidelands Ave. The Balanced Plan attempts to create the "win -win -win" between the Port District, City of National City, and Tenants by balancing the increase of industrial uses with commercial and public uses and including mitigation for environmental impacts and public enhancements for National City. The Port District is scheduled to host a special meeting on September 23 to focus on National City issues. Port staff will be requesting direction from the Board of Port Commissioners on the Balanced Plan. City staff is recommending that the City Council take action to support the Balanced Plan and demonstrate that support at the Port District's special meeting. Existing Uses and Designations The existing conditions are shown in the diagram labeled "Existing Uses and Designations" attached as Exhibit A and tabulated in Exhibit B. The Marina District/Tidelands Planning Area is divided into four land use designations: Commercial Recreation, Marine Industrial, Open Space/Public Park, and Public Streets. These land use designations are taken from the Port Master Plan and differ slightly from the terminology in City land use plans. The table and graph attached as Exhibit B breakout the acreage based on sub -area and land use designation. The table distinguishes between sub -areas, or districts, that are under the land use jurisdiction of the City and the Port District. The City has land use jurisdiction for parcels outside the Tidelands and within the Harbor District Specific Plan. The Port District has jurisdiction for parcels 51-59 that are within Tidelands and property acquired by the Port District that is included in the Port Master Plan. The Port Master Plan was adopted by the Port District in 1980 and certified by the California Coastal Commission in 1981. It has been amended many times since adoption and most significantly for National City in 1994 for the development of the Pier 32 Marina. Concurrently, the City adopted the Harbor District Specific Plan which establishes land use designations and guidelines for the B-1,2,3 parcels. The Harbor District Specific Plan specifies Tourist Commercial designations in areas B- 1,2,3 but are reflected on the diagram as Commercial Recreation. The Port District has recently issued a Notice of Preparation (NOP) per CEQA for the Tank Farm Proposal submitted by Pasha. Staff is concerned with the proposal to create a "marine related industrial" overlay that would be applied to two parcels — one (Lot J/Sub-area 58) is currently designated Commercial Recreation in the PMP and the other (Lot K/B-1 parcel) is proposed to be designated Commercial Recreation. As described in the revised NOP, the overlay would allow the current use of both parcels for Pasha operations for an indefinite and potentially long-term duration. Current operations on Lot J are inconsistent with the underlying Commercial Recreation designation, and current operations on Lot K/B-1 would become inconsistent with the proposed Commercial Recreation designation. As the Port and City move forward with the proposed Balanced Plan, any proposed land use overlays and/or changes should be considered in conjunction with the development of the plan. Changed Land Uses and Designations from Proposed Rail Spur and Tidelands Avenue Closure The Balance Plan with Mitigation and Enhancements for National City is illustrated in page 2 of Exhibit A. The proposed rail spur and Tidelands Ave. closure create changed uses that are enumerated with hatched areas labeled 1-8. Change 1 converts an estimated 1.67 acres from Commercial Recreation to Marine Industrial in the area within the B2 lot that is north of the proposed rail spur. Change 2 maintains the Marine Industrial designation but makes the area available to the public for uses such as training for industrial jobs or viewing/interaction with industrial uses. Change 3 is the approximate 1 acre expansion of Pepper Park through the conversion of Marine Industrial area. Change 4 converts 4.26 acres of Marine Industrial to Commercial Recreation to the south of the proposed rail spur. Change 5 is converting 22.3 acres of public streets into Marine Industrial area. Change 6 and 7 are creating a street and noise buffer along the proposed rail spur. Change 8 is creating a transition zone for trucks and parking between 19th St. and Bay Marina Dr along tidelands. This transition zone can be used for staging truck and improving parking for the terminal and surrounding uses. Mitigation and Enhancements Bayshore Bikeway Interim and Permanent Improvements Tidelands/Civic Center/Harbor Drive Intersection Noise/Landscape Buffers for Rail Spur Quiet Zone Intersection Improvements Transition Zone for Truck and Parking Granger Music Hall Relocation Bandshell and other Pepper Park Enhancements Support for the Balanced Plan requires associated mitigation measures and public enhancements. Mitigation measures are typically defined through an EIR and required by CEQA laws. Certain mitigation measures for the Balanced Plan may not be defined by CEQA, however, can be included as conditions of the discretionary approvals or memorandums of understanding. Examples Public enhancements Financing Plan The Balanced Plan will create new revenues to the Port District mainly from tenant rent. The Port agrees to use those incremental revenues and other sources to develop a financing plan that will fund the mitigation measures and public enhancements... Recommendation Staff recommends the City Council take minute action to support the Balanced Plan with Mitigation and Enhancements for National City. Next Steps Hire professional design team Assign legal team Consider financing team? Negotiate MOU Begin CEQA PMPA & LCPA • BALANCED PLAN WITH MITIGATION AND ENHANCEMENTS FOR NATIONAL CITY • DRAFT SEPT `I, 2015 • CHANCED USES AND DESIGNATIONS RESULTING FROM RAIL SPUR AND TIDELANDS AVE CLOSURE Existing Uses Commercial Recreation Marine Industrial Open Space/Public Park Public Streets Subareas 1!) 56 1,000 Changed Lists Commercial Recreation to Industrial Industrial with Uses Available to the Public reri f�I Industriaito Park Industrial to Commercial Recreation Street to Industrial Industrial to Street / Noise Buffer / v . _ I Rail Spur Commercial Recreation to Street / Noise Buffer/ Rail Spur Transition Zone for Trucks Ea4 and Parking 1.0 .---,F- Site Features —I-2— Existing Rail Alignment — --a- Proposed Rail Alignment 100' Wetland Buffer Existing Bayshore Bikeway Proposed Bayshore Bikeway Mean High Tideline Initial Gate (Initial Warning Gate Indicating No Through Traffic) Secondary Gate 7F (Restricted Access) Depot Pavfie! IN I s rti SST 'N 17TH s r Yr 18TH 3T W 20TH ST W 22ND S Y4 23RD 3r RflI vkkpn ntt Parcd 1�J 9 ST"{ AT CIVIC C[13TEI II 1 1 I 1 inch 11 BALANCED PLAN WITH MITIGATION AND ENHANCEMENTS FOR NATIONAL CITY • DRAFT SEPT 1, 2015 • EXISTING USES AND DESIGNATIONS Existing Uses Site Features Commercial Recreation 1 OO" Wetland Buffer Marine Industrial — — — Mean High Tideline Open Space/Public Park --- Existing Rail Alignment Public Streets Existing Bayshore Bikeway Subareas it 56 1,000 W 28TH ST z *`* ? s_ a —fy 41.1 W S2ND ST CI4ty ;IT _a T BNSF vi 14TH ST W 46TH ST W1PTIIST W 13IH ST a w « 20TH Si +N 22N0 s" W 2,}R17 i r ;RedeveIoprnent Parcel Paradise Marsh "ak CIVIC CENTER i 4', 1orch EXHIBIT "B" CITY OF NATIONAL CITY • MARINA DISTRICT CONCEPTUAL PLANS • DRAFT JULY 30 2015 COMPARISON OF , EXISTING AND PROPOSED USES AND DESIGNATIONS Area Marine Industrial Existing Proposed LAND USE (EXCLUDES ALL WATER USES) Commercial iWN{WLWH Op Nil e 1( Existing Proposed' Existing Proposed' Existing Proposed' Exisanq Proposed! Existing Proposed 51 1956 1956 52 1810 19 72 54 58 20 58,20 55 86,50 10219 0 00 4 20 56 42 38 42 38 0 00 0 00 57 2210 21.76 0 00 0 00 58 4 32 4 32 59 363 363 Port District Sub -Totals: %change Public Streets Totals* 2 90 2 90 22 5 22 5 4.59 2.95 221 227 582 582 2314 318 1096 1096 424 424 096 063 227 227 526 526 090 090 105 105 36 36 NATIONAL CITY DISTRICTS A B-1 B-2 B-3 C Depot Parcel Redevelopment Pei cel BNSF railyards Paradise Marsh 8.24 8 24 ,..i 7 80 167 4 59 5.75 0 00 110 0 60 0 60 T 2 32 2719 2779 000 000 Total 7 27.8 301 National City Sub -Totals: %change! 8,16% Grand Total 7 80 207 5 75 0 00 110 0 00_ 2 32 0 0Q 0 00 120 ��-� 0 85 1.61 EMI1.;10 4.61 1 20 29 8 27.3 I 1.2 1.2 %change' -8.45% %change' NA 3778 37 78 2 40 2.40 10 6 17 3i173. 95 46 58 1 10 2 7 57 12 202 202 49 8 73 813 35 9 37 8 106 95 46 58 2.7 57 12 49 35 9 37 8 440 440 160 %change' 0.00% I %charge 162 1.57% 1188 1188 % change' 100.00% 274.E ; 293.9 37.8 39.5 % change' 7.01% I % change' 4.61% 8.5 7.4 44.0 44.0 48.1 26.2 1 411.0 , 411.0 % change' 15.12% % change' 0.00% % changer45.62% % change 100.00% 300.00 250.00 200.no 4- 150.00 100.00 1---' 50.00 AL- 0.00 -50 00 Recreation - Streets ■ TOTAL ACRES: Existing TOTAL ACRES: Proposed TOTAL ACRES: Change CC/CDC-HA Agenda 9/15/2015 — Page 235 The following page(s) contain the backup material for Agenda Item: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages. (MIS) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO. 1 ITEM TITLE: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings, and public service messages. PREPARED BY: Ron Williams PHONE: 336-4373 EXPLANATION: DEPARTMENT: MIS APPROVED BY: C,-- FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact at this time. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report CALIFORNIA N TI O N 1L CITY awl mINCORPORATE City Council Staff Report September 15, 2015 ITEM Staff Report: Report seeking direction on consideration of cablecasting of City of National City, City Council meetings, other City of National City public meetings and public service messages. BACKGROUND Consistent with the City Council's strategic objective to expand public access to City services and information, organization wide staff actively seeks to identify and implement measures that will enhance our ability to provide members of the public with access to timely information in an efficient and cost effective manner. Specifically related to City Council meetings these efforts include: the placement of a hard copy of the City Council agenda on the City's public noticing board at City Hall; the availability of a public hard copy binder of the City Council agenda and all available back up materials; and the posting of the City Council agenda and all available back up materials on the City's website. This pre -meeting dissemination of information is made available no less than 72 hours in advance of a regular noticed meeting. The actual City Council meetings are live streamed on the internet (webcast) with access available from desktop computers, laptops, tablets and smart phones. Afterward, video recordings of the meetings and meeting minutes are archived and available on the City's website. Information related to Planning Commission and Oversight Board to the Successor Agency meetings is disseminated in this same manner. At the request of members of the City Council through the City Manager, staff has recently began a review of cablecasting as another means of providing access to information. This report provides an update on staff's research in this regard and seeks formal direction on whether or not to pursue this additional mode of information dissemination. DISCUSSION Cablecasting is the use of cable broadcasting channels. As required by the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), all state video franchise holders (cable providers) are required to designate at least three public, educational, and governmental (PEG) access channels for non-commercial programming, including the transmission of a meeting or proceeding of any local, state, or federal governmental entity. PEG channels are carried on the provider's basic service tier to ensure that all subscribers have access to PEG programming. In order to view a cablecast, individuals must have access to a television, computer or mobile Page 2 Staff Report — Report seeking direction on consideration of cablecasting of City of National City City Council meetings, other City of National City public meetings and public service messages. September 15, 2015 device (i.e. laptop, tablet or smart phone) that subscribes to cable television broadcasting. Cox Communication is the cable television provider for National City households and businesses. According to the most recent data available through SANDAG, there are 15,787 housing units in National City. There are approximately 3,000 are current Cox Cable subscribers in National City in total (households and businesses combined). As such, cablecasting would reach less than 19% of National City households. A count of residential subscribers, only was not available. In terms of technology and its ability to enhance communication, cablecasting as a medium was developed and has been available longer than webcasting. Webcasting, a medium currently used by the City of National City is a next generation platform with the ability to reach a broader audience at a lower cost'. County -wide, fifteen (15) of the eighteen (18) local cities cablecast; and fourteen (14) webcast. Thirteen cities both cablecast and webcast. Those that cablecast did so prior to the ability to webcast. Because cablecasting was already in place its use was continued alongside webcasting. However, cablecasting is not the current industry standard. A table of cablecasting and webcasting by city can be found in Attachment 1. Should the City of National City choose to broadcast programming on a PEG access channel, there are two options for doing so: 1. Establish a full-time National City PEG feed. An active PEG channel must provide at least eight (8) hours of programming per day. The City would either have to dedicate a staff position in whole or in part to programming 56 hours of air time each week. This can be accomplished through the live and repeat broadcasting of City Council and Planning Commission meetings. New, informational programming such as introductions to the various services provided by the City can also be created and programmed. The cost of maintaining a full-time feed is $14,400 annually plus a one-time fee of $2,500 in the first year for a total first year cost of $16,900. 2. Use the County's PEG feed. As an alternative to maintaining full-time local programming, National City could choose to switch in the County's PEG programming. In doing so, the feed would switch to National City during meetings to be broadcast and switch back to County programming at the conclusion thus eliminating the need for more extensive local programming. The cost of using the County's PEG feed is the same $14,400 annually plus a one-time fee of $4,000 for a total first year cost of $18,400. The City of National City does not currently have the infrastructure in terms of equipment and staffing necessary for cablecasting. 1 The annual cost of webcasting is $17,000. Page 3 Staff Report — Report seeking direction on consideration of cablecasting of City of National City City Council meetings, other City of National City public meetings and public service messages. September 15, 2015 • Equipment — the council chambers is currently equipped with one camera that can be controlled by the City Clerk during City Council meetings. It is recommended that three high definition cameras be installed should the City decide to cablecast. The estimated cost for the purchase of the equipment is $60,087: cameras and switching equipment $52,587; construction $7,500. • Personnel (Programming) — Should the City determine to establish a full-time PEG feed, staff would have to be identified and dedicated to managing this function. Required staff time is estimated to be equal to a half-time position (0.5 full-time equivalent). The cost of staffing is estimated to be $43,900, annually. • Personnel (Video Production) — The City of National does not have the internal expertise to manage the production of a cable broadcast. Production staff is needed to run the "control room" during the meetings. Third party video production services are estimated at $500 per meeting or $24,000 per year. The estimated annual cost assumes the production of all City Council and Planning Commission meetings at two meetings each per month. Assuming the City Council continuation of a summer one month legislative recess and the suspension of one meeting in December due to the labor negotiated closure, the estimated cost includes up to three City Council workshops. The Oversight Board was not included in the estimate given that, by law it will phase out in June, 2016. Should a PEG program be established prior to the phase out, Oversight Board meetings could be added at an additional cost of $500 per meeting. The total first year cost is estimated at $102,487 to $144,887, with an annual recurring cost of $38,400 to $82,3002. All of these costs, with the exception of the estimated $43,900 in staff costs can be paid for through the initiation of a PEG fee. DIVCA allows local agencies to charge a fee of up to one percent (1%) of the revenues derived from the operation of the cable provider's network to provide cable service within the jurisdiction. This fee is passed on to local cable subscribers. Based on the estimated number of local subscribers, the annual PEG fee is estimated to be $95,000. The fee per subscriber is estimated at $2.64 per month. Option 1 (Full-time National City Feed) Option 2 (County Feed) One-time Fee $2,500 $4,000 Annual Fee $14,400 $14,400 Equipment $60,087 $60,087 Video Production $24,000 $24,000 Additional Staff $43,900 N/A Total First Year $144,887 $102,487 z The $82,300 is inclusive of the cost of a half-time position associated with a full-time City of National City feed. Page 4 Staff Report — Report seeking direction on consideration of cablecasting of City of National City City Council meetings, other City of National City public meetings and public service messages. September 15, 2015 RECOMMENDATION It is staff's recommendation that the City not pursue cablecasting. As discussed above, cablecasting will reach less than 19% of the households in National City. The cost of cablecasting would have to be supported by the General Fund in full or through a combination of General Fund (staff costs) and a PEG fee passed through to Cox Cable subscribers (cable feed, equipment, maintenance, and production costs). Further, cablecasting is not the current industry standard for communication. However, staff recognizes that there is a percentage of the National City population that would like to follow City Council meetings, but may not have the ability to attend in person or access to a computer. Therefore should the Council desire to proceed with cablecasting, staff recommends, in the alternative directing staff to move forward with Option 2 utilizing the County feed at a cost of $102,487 in the first year, with an ongoing cost of $38,400 per year thereafter. If direction is for Option 2, staff seeks further direction regarding funding. The funding options are 1) to absorb the costs in General Fund; 2) establish a one percent (1%) PEG fee to collect sufficient funds to pay for program implementation (i.e. the purchase and installation of equipment, and PEG fee charges) prior to execution. Additional direction/input: should the City Council desire public input, a survey has been drafted for this purpose (attached). ATTACHMENTS 1. Cablecast/Webcast PEG Survey, San Diego County 2. National City Resident Survey (Draft) Attachment 1 CALIFORNIA NATIONAL, Cflp it3 LY Cablecast Survey San Diego County City Cablecast Webcast PEG Fee Comment Carlsbad Al 4 4 Chula Vista Al 4 4 Coronado Ai 4 4 Del Mar Al 4 4 El Cajon Al 4 Encinitas Ai Ai Escondido .Ni Ai Ai Imperial Beach .Ni Ai Ai La Mesa Ai 4 Lemon Grove Audio only National City 4 Oceanside Ai 4 4 Recording only (no live streaming) Poway Al 41 4 San Diego 4 4 San Marcos Ai Santee Audio only Solana Beach 4 4 Vista 4 4 Recording only (no live streaming) Attachment 2 CALIFORNIA *K* NATIONAL CITy L L WORPORATEV Cable Casting Survey National City residents, please help us better serve you by answering the following q uestions. 1. Are you a National City Resident? Yes No 2. To which television service provider do you currently subscribe? Cox Cable Satellite (Dish, DIRECTV, etc.) I do not have a television service Other (please specify) 3. Are you aware that City Council meetings are available to watch on the internet? Yes No 4. Have you watched a City Council meeting on the internet? Yes No 5. Would you watch National City City Council meetings on cable television if this service was available? Yes No 6. Which method would you prefer to watch City Council Meetings? Television Internet Attachment 2 7. In the last 12 months, please indicate which events you have attended (check all that are applicable). City Council Meeting City Board & Commission Meetings Community Workshops None of the above Other (please specify) 8. What is your age group? 19 or under 20-29 30-39 40-49 50-59 60-69 70 or older 9. Please rank your preferred methods of receiving National City updates in order of preference. National City Website Facebook Twitter Television Broadcast National City Email Newsletter Neighborhood Councils Thank you for taking the time to complete this survey and help us better understand the needs of the community. Please feel free to contact us if you have any questions. CC/CDC-HA Agenda 9/15/2015 — Page 244 The following page(s) contain the backup material for Agenda Item: City Council Review of League of California Cities 2015 Annual Conference Resolutions. (City Manager) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO, ITEM TITLE: City Council Review of League of California Cities 2015 Annual Conference Resolutions PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City M er PHONE: 619-336-4240 APPROVED B+�� EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council consider the League's resolutions and determine the City's position so that our voting delegates can represent the City's position during the League conference from September 30-October 2 in San Jose, California. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Staff Report League of California Cities 2015 Annual Conference Resolutions Packet Staff Report: City Council Review of League of California Cities 2015 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held September 30-October 2 in San Jose. Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committee and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. On August 4, 2015, the City Council voted to appoint Mayor Morrison as the voting delegate and Councilmember Rios as alternate to represent National City at the 2015 League Annual Business Meeting. The meeting will be held at 12:00 p.m. on Friday, October 2, at the San Jose Convention Center. At the Annual Conference, the League will consider four resolutions, the details of which are provided in the attached information packet. Also provided for the City Council's information are staff's comments on the proposed resolutions, as they relate to National City: 1) Resolution relating to League Bylaws, amendments regarding succession of League Offices to fill vacancies. This resolution seeks to streamline the succession process when filling a vacancy for the office of President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the Immediate Past President to fill an unexpected vacancy in the office of president for the remainder of the vacating President's term. Changes to league bylaws require a 2/3 vote of the General Assembly. Staff Comments: None 2) Resolution of the League of California Cities calling for legislation to preserve therapeutic environments for group homes to avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. This Resolution calls for the Governor and the Legislature to work with the League and other stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are concentrated in a single location, and determine appropriate balance between not -for -profit (including county) facilities and for -profit facilities in residential neighborhoods. Staff Comments: This Resolution appears to limit proliferation of the uses, something that is always good. 3) Resolution of the League of California Cities supporting SB 593 (McGuire) and continued local flexibility for cities as they address neighborhood and fiscal impacts of temporary rentals of residential units. This Resolution seeks to highlight and increase support for SB 593, which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses, condominiums, rooms, and apartments for tourists and transient use. The League is currently in support of this legislation. Staff Comments: National City has not had a problem with temporary rentals of residential units. 4) Resolution calling upon the Governor and the Legislature to work with the League of California Cities to enact legislature or to otherwise compel Southern California Edison to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances. Staff Comments: None The League encourages city councils to consider the resolutions and determine a city position so their voting delegate(s) can represent its position during the conference, and / or provide a report back to Council on action taken by the League on the resolutions. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss or take action on each issue. RECEIVED AUG 30Z015 LEA oUE® CITIES August 17, 2015 Ca CITY OF NATIONAL CITY 1400 K Street, Suite 400 • SacramOnto, Callforn d 16 J SOFFICE Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: Mayors, City Managers and City Clerks League Board of Directors RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2015 Annual Conference Resolutions Packet. Annual Conference in San Jose. This year's League Annual Conference will be held September 30 — October 2 in San Jose. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Closing Luncheon/General Assembly - Friday, October 2, 12:00 p.m. The League's General Assembly Meeting will be held at the San Jose Convention Center. Resolutions Packet. At the Annual Conference, the League will consider four resolutions introduced by the deadline, Saturday, August 1, 2015, midnight. These resolutions are included in this packet. Resolutions submitted to the General Assembly must be concurred in by five cities or by city officials from at least five or more cities. These letters of concurrence are included with this packet. We request that you distribute this packet to your city council. We encourage each city council to consider these resolutions and to determine a city position so that your voting delegate can represent your city's position on each resolution. A copy of the resolution packet is posted on the League's website for your convenience: www.cacities.org/resolutions. The resolutions packet contains additional information related to consideration of the resolution at the Annual Conference. This includes the date, time and location of the meetings at which the resolution will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the General Assembly Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. If your city has not yet appointed a voting delegate, please contact Meg Desmond at (916) 658-8224 or email: mdesmond@cacities.org. Please Bring This Packet to the Annual Conference September 30 — October 2, San Jose LEAGUE®F CITIES Annual Conference Resolutions Packet 2015 Annual Conference Resolutions it LEAGUE t�F CAtT)ORMA 1.77z. CITIES San Jose September 30 — October 2 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, four resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Four policy committees will meet at the Annual Conference to consider and take action on the resolution referred to them. The committees are Administrative Services; Environmental Quality; Housing, Community and Economic Development; and Revenue and Taxation. These committees will meet on Wednesday, September 30, 2015, at the Hilton San Jose. The sponsors of the resolutions have been notified of the time and location of the meetings. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, October 1, at the San Jose Convention Center, to consider the reports of the four policy committees regarding the resolutions. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEONBUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, October 2, at the San Jose Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, October 1. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond(a7cacities.org or (916) 658-8224 1 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). 2 LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 30 Hilton San Jose 300 Almaden Boulevard, San Jose 9:00 a.m. — 10:30 a.m.: Environmental Quality Housing, Community & Economic Development 10:30 a.m. — Noon: Administrative Services Revenue and Taxation General Resolutions Committee Thursday, October 1, 1:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose Annual Business Meeting and General Assembly Luncheon Friday, October 2, 12:00 p.m. San Jose Convention Center 150 West San Carlos Street, San Jose KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 Compensation for Prolonged Electrical Power Outages HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3 2 3 Overconcentration of Alcohol & Drug Treatment Facilities Residential Rentals, Support for SB 593 (McGuire) REVENUE AND TAXATION POLICY COMMITTEE 1 2 3 Residential Rentals, Support for SB 593 (McGuire) Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: ww-w.cacities.org/resolutions. 4 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly ACTION FOOTNOTES * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate policy committee for study a Aa Aaa Ra Raa Da Na W Amend+ Approve as amended+ Approve with additional amendment(s)+ Refer as amended to appropriate policy committee for study+ Additional amendments and refer+ Amend (for clarity or brevity) and Disapprove+ Amend (for clarity or brevity) and take No Action+ Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League's website by clicking on this link: Resolution Process. 5 2015 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE 1. RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS REGARDING SUCCESSION OF LEAGUE OFFICES TO FILL VACANCIES Source: League Board of Directors Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities® is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, on two occasions in recent years when vacancies arose in office of President of the Board of Directors after disappointing reelection results, the vacancy was filled in accordance with the League Bylaws by the First Vice President becoming President at the next Board meeting. This left a vacancy in the office of First Vice President that was filled by the Board by advancing the Second Vice President. This required recruiting a new Second Vice President that the Board chose, as provided in the Bylaws, from the ranks of the Board itself; and WHEREAS, in September 2014 the Board chose a new Second Vice President as usual and also a new First Vice President who had not previously served as Second Vice President because the prior Second Vice President was elected to county office and was no longer eligible. When the President was not reelected in November 2014, the First Vice President advanced to the office of President with only two months of experience as a League officer. Additionally, the Second Vice President was advanced to First Vice President; and WHEREAS, the Board of Directors believe this confluence of events twice in recent years demonstrates a weakness in the succession of League offices required by the League Bylaws because the accelerated advancement of officers in the event of a vacancy in the office of President may deprive the junior officers and the League of adequate time to serve and develop expertise and relationships in the offices of Second and First Vice President; and WHEREAS, it is the unanimous recommendation of the League Board that the League membership amend article VIII, section 4, of the League bylaws to allow the Immediate Past President to fill an unexpected vacancy in the office of President for the unexpired term if the Immediate Past President agrees. If not, the current succession process would occur; and now, therefore, be it, RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 2, 2015, that article VIII, section 4 of the League bylaws be amended to read as follows: 6 Article VIII: Officers Section 1: Identity. The officers of the League are a President, a First Vice -President, a Second Vice-President/Treasurer, an Immediate Past President, and an Executive Director. Section 2: Duties of League Officers. (a) President. The President presides at all League Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the League Board. (b) First Vice -President. The First Vice -President carries on the duties of the President in the President's temporary absence or incapacity. The First Vice -President has such other powers and duties as may be prescribed by these bylaws or the League Board. (c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President's and First Vice -President's temporary absence or incapacity. The Second Vice-President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the League Board. Section 3: Election. The League Board elects the League's President, First Vice -President and Second Vice -President for terms of one year. The election occurs at the League Board's meeting at the Annual Conference. Section 4: Vacancies. A vacancy in the office of President is filled at the next meeting of the League Board by the Immediate Past President who shall serve for the unexpired term of once and, upon election ofa new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President. In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice -President to that office. A vacancy in the office of First Vice -President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the League Board of a member of the League Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office. ////////// Background Information on Resolution No. 1 Source: League Board of Directors Background: In 2010 and again recently in 2014 the city official elected League President at the Annual Conference in September was not returned to office by the voters of their city. This development triggered a series of steps laid out in the order of succession in the League Bylaws that mandates that the First Vice President advance to the office of President at the next Board meeting and that the Board fill the vacancy in the office of First Vice President for the remainder of the term. 7 When the Board filled the League offices in September 2014, the Second Vice President could not advance to First Vice President since she had been elected to the office of county supervisor and was ineligible to serve. Consequently the Board selected two directors to fill both the offices of First Vice President and Second Vice President. Neither had previously served as a League officer. When the vacancy in the office of President occurred after the November general election, the First Vice President advanced to the office of President after having served only two months as a League officer in contrast to the normal advancement process of twenty-four months. The Second Vice President was advanced to the office of First Vice President after having served only two months as a League officer. The Board also chose a new Second Vice President. At the February, 2015 meeting of the League Board of Directors, the Executive Committee recommended unanimously an amendment to the order of succession in Art. VIII, Sec. 4 of the League Bylaws. The proposed amendment would allow the most experienced member of the Executive Committee, the Immediate Past President, to fill out the remainder of the term of office of a President who leaves the office before its term is completed if the Immediate Past President is willing and able to do so. This arrangement would allow the First Vice President to continue serving and to advance to the office of President on the schedule envisioned by the League Bylaws. If the Immediate Past President were unable or unwilling to serve, the existing order of succession would occur. llllllllll League of California Cities Staff Analysis on Resolution No. 1 Staff: Alicia Lewis Committee: Administrative Services Policy Committee Summary: This resolution seeks to streamline the succession process when filling a vacancy for the office of President of the Board of Directors. It would allow for the League bylaws to be amended, allowing the Immediate Past President to fill an unexpected vacancy in the office of President for the remainder of the vacating President's term. Changes to League bylaws require a 2/3 vote of the General Assembly. Background: The past few years have yielded several occasions where the succession line for Board of Directors leadership was disrupted due to disappointing election results and officers taking office outside of city government. In September 2014 the Board chose a new First and Second Vice President. The First Vice President had not previously served as Second Vice President because the prior member was elected to county office and therefore no longer eligible. When the President was not reelected in the November 2014, the First Vice President advanced to the office of President with only two months of experience as a League officer. Additionally, the Second Vice President was advanced to First Vice President. This transition far outpaced the normal process for advancing as an officer on the Board of Directors. Fiscal Impact: This impact of this resolution would have no fiscal impact. Comments: The nature of this resolution is to ensure that there is a smooth succession process in place and that current Vice -Presidents (First and Second) have ample time to prepare for their role as President. By 8 allowing the Immediate Past President to finish out the term of a vacated presidency the Board would ensure there is minimal disruption to the workflow and goals of the association. RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 2. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Source: City of Malibu Concurrence of five or more cities/city officials: Cities: Artesia; Duarte; La Canada Flintridge; Lakewood; Lomita; and Pico Rivera. City Officials: Los Angeles Council Member Mitchell Englander Referred to: Housing, Community and Economic Development Policy Committee Recommendation to General Resolutions Committee: WHEREAS, residential group home facilities provide valuable rehabilitation and support services for those who live in them, which benefits the greater society; and WHEREAS, state departments license these facilities through several state agencies, and operators are required to meet various state statutory requirements; and WHEREAS, in addition to residents, these facilities often include live-in managers and other staff, who provide a variety of services to residents which may include meals, workshops, training, counseling and other services. These uses and services may also require frequent deliveries to be made to the facility, shuttle van service provided to residents, and additional automobile traffic due to shift changes, visiting hours, and other activities. Collectively, these uses often generate more noise and activity than expected from a traditional single-family home; and WHEREAS, the overconcentration of residential group homes changes the character of neighborhoods as they become centers for the delivery of various services. This environment not only creates a disruption to long-time residents, it can also diminish the quality of the residential treatment experience for group home residents as the neighborhood assumes a more institutional setting; and WHEREAS, the State and local governments operate in partnership regarding the location of these residential care facilities in residential neighborhoods in order to carry out the policy of the State to prevent overconcentration of such facilities in these neighborhoods; and WHEREAS, the state has adopted a 300 foot separation requirement between facilities licensed by the Department of Social Services, 1 but these siting standards have not been extended to apply to facilities licensed by other state agencies such as the Depaituient of Health Care Services or other licensed or unlicensed facilities; and WHEREAS, it is the policy of the State that each county and city permit and encourage development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need;2 and 1 Health & Safety Code Section 1520.5 2 Health & Safety Code Section 11834.20 9 WHEREAS, the California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law;3 and WHEREAS, the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability;4 and WHEREAS, there is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities; and WHEREAS, many community concerns could be addressed if State agencies communicated and collaborated more with local governments; and WHEREAS, the League of California Cities is committed to working in partnership with the Legislature and Administration to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations established by State and federal law. RESOLVED, at the League of California Cities General Assembly, assembled at the League Annual Conference on October 2, 2015 in San Jose, that the League calls for the Governor and the Legislature to work with the League and other stakeholders to address the following issues: 1. Explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities. 2. Avoid the creation of institutional settings when multiple facilities are concentrated in a single location, while also reducing noise, congestion and other concerns often raised by residents in residential neighborhoods. 3. Determine the appropriate balance between not -for -profit (including county) facilities and for -profit facilities in residential neighborhoods. Background Information on Resolution No. 2 Source: City of Malibu Background: State law preempts local zoning regulation for licensed drug and alcohol treatment facilities. State and federal anti -discrimination laws require cities to treat facilities that function as single housekeeping units the same as any other "family." In many areas of the state, these facilities are impacting residential neighborhoods because their concentration in certain neighborhoods tends to change the character of the area from a residential neighborhood to more like a hospital and institutional zone in terms of the land use impacts. In order to avoid overconcentration in residential neighborhoods, most state -licensed group homes are required by state law to meet certain distancing requirements from other licensed group homes. Alcohol 3 Government Code 12955(f) 4 42 U.S.C. Section 12134 10 and drug programs are treated differently under state law in this respect and no distancing requirements apply. In fact, the state licensing agency does not impose any restrictions on the number of facilities in the vicinity of one another and have been allowing licensees to obtain two licenses on one lot and to operate integrated multi -structure facilities under the guise of multiple single-family residential licenses. Similarly, state law currently requires private foster family agencies operating in residential zones to be organized and operated on a nonprofit basis, while drug and alcohol programs and sober living homes are permitted to operate as a for -profit business in residential zones. The addiction recovery industry has become big business. There are now thousands of treatment facilities and sober living homes in California and the number is rapidly increasing. State policy sought integration of group homes into residential neighborhoods, not disintegration of the residential character of the neighborhoods. A course correction is required to advance state policy. Through zoning authority, cities can preserve the very neighborhoods that the community -care model depends on to provide the therapeutic environment of a residential neighborhood. Distancing requirements both respond to the biggest concern of local government (over concentration that impairs neighborhood character) and advances state policy. In addition, limiting the zoning preemption to non- profit programs will also assist in preserving the integrity of residential neighborhoods. Illlllllll League of California Cities Staff Analysis on Resolution No. 2 Staff: Dan Carrigg Committee: Housing, Community and Economic Development Summary: This Resolution calls for the Governor and the Legislature to work with the League and other stakeholders to explore options to address overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities, avoid the creation of institutional settings when multiple facilities are concentrated in a single location, and determine the appropriate balance between not -for -profit (including county) facilities and for -profit facilities in residential neighborhoods. Background: The City of Malibu is sponsoring this resolution as a way of highlighting an issue that continues to create zoning and land use problems in single-family neighborhoods. While this is not a new issue for the League and its cities, and the League has existing policy in this area, the sponsors view the passage of this resolution as helpful in restarting conversations with the Legislature and the Governor's Administration that can hopefully lead to productive solutions. HCED Committee member and Malibu Council Member Lou La Monte raised this issue at the Committee's June meeting, where he presented a resolution that had recently been adopted by the California Contract Cities Association on May 15. The Committee encouraged him to work with League staff in his effort to draft a measure to be presented at the League's annual conference. League staff worked with Mr. La Monte in this regard, mostly in helping ensure that the various "whereas clauses" appropriately reflect the important legal rights of patients and obligations of public entities that Legislators will expect to be balanced in any solutions to local land use issues. Resolved Clauses from Recent CCCA Resolution: NOW THEREFORE, the Members of the California Contract Cities Association hereby re -affirms its commitment to cooperation among units of government that serve the people of California and urges the 11 California state legislature to enact legislation that empowers local government to preserve the residential character of neighborhoods necessary to effect state policy regarding group homes as follows: 1. Amend the state law to provide the same distancing and notice requirements for ADP facilities as it does for Community Care Act facilities; 2. Enact legislation providing standards that prevent overconcentration of unlicensed sober living homes to maintain residential character of neighborhoods which has therapeutic benefit for the occupants; and 3. Restrict the zoning preemption for licensed ADP facilities to those owned and operated by non- profit organizations. Fiscal Impact: Minor, if any. Comment: 1) The League has significant existing policy in this area. In the past the League has had internal task forces and sponsored and supported various legislative proposals. 2) Making significant progress in this area has been difficult in the Capitol. Federal and state fair housing and anti -discrimination laws and various court decisions have bearing on local authority in this area. Patient advocacy groups and sympathetic legislators have been suspicious of any solutions that they see as limiting patient access. Thus, any effort to develop solutions to address local land use concerns must also remain sensitive to these issues and the perspective of legislators that sit on committees with jurisdiction in these areas. Existing League Policy: Related to this Resolution, existing policy provides: • The League supports permitting cities to exercise review and land use regulation of group home facilities and residential care facilities in residential neighborhoods including the application of zoning, building and safety standards. State and county licensing agencies should be required to confer with the city's planning agency in determining whether to grant a license to a community care facility. The League recognizes that better review and regulation of residential care facilities will protect both the community surrounding a facility and the residents within a facility from a poorly managed facility or the absence of state oversight. • The League supports state legislation to require a minimum distance of 300 feet between all new and existing residential care facilities. The League supports notification of cities about conditional release participants residing in group homes. RESOLUTION REFERRED TO HOUSINGLCOMMUNITY & ECONOMIC DEVELOPMENT AND REVENUE & TAXATION POLICY COMMITTEES 3. A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS Source: City of West Hollywood Concurrence of five or more cities/city officials: Cities of Healdsburg, Mammoth Lakes, Napa, Piedmont, Santa Cruz, Santa Monica, Sonoma Referred to: Housing, Community & Economic Development; Revenue & Taxation Policy Committees Recommendation to General Resolutions Committee: 12 WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments for tourist or transient use is a developing part of the sharing economy; and WHEREAS, while these rentals provide additional options to the traveling public, and income to affected property owners or tenants, it is also important that such rentals comply with local laws, regulations and ordinances; and WHEREAS, the temporary rental of residential houses, condominiums, rooms, and apartments for tourist or transient use can present numerous challenges to neighborhoods and adjacent property owners and create additional noise, traffic, parking, privacy and public safety issues, subvert local rent - control laws, decrease available housing stock and in some cases turn residential neighborhoods into de - facto hotel rows; and WHEREAS, where temporary rental of residential units for tourist or transient use is allowed in conformance with local laws, regulations and ordinances, the applicable transient occupancy tax (TOT) should also be collected. The temporary rental of residential units for tourist or transient use is in direct competition with hotels, motels and other accommodations where guests pay the local TOT, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor; and WHEREAS, the Thriving Communities and Sharing Economy Act, introduced as SB 593 by Senator Mike McGuire (D-2, Healdsburg), prohibits the operators of transient residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law within the applicable city or county that opts into its provisions, and requires the confidential quarterly reporting to the city or county of the following information (if the City or County adopts an ordinance requiring the reporting of the data): 1. The address of each residential unit that was occupied for tourist or transient use during the quarterly period. 2. The total number of nights the residential unit was occupied for tourist or transient use. 3. The amounts paid for the occupancy of the residential unit for tourist or transient use. WHEREAS, the provisions of SB 593 bolster existing local authority to enforce local ordinances and collect revenue associated with the temporary rental of residential units by allowing local agencies access to the data necessary to enforce their ordinances and requiring short-term rental hosting platforms to collect local TOT and remit it to the appropriate jurisdiction if short-term rentals are allowed in that jurisdiction; and WHEREAS, the provisions of SB 593 provide a helpful regulatory framework that cities and counties may choose in lieu of exercising their existing authority; and WHEREAS, the League of California Cities supports SB 593 because it recognizes and preserves local flexibility to address the temporary rental of residential units in the manner that best fits with the unique issues and conditions found in each local jurisdiction; and WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to pay for vital local services; and WHEREAS, SB 593 provides local jurisdictions with the data and framework necessary to enforce local regulations designed to ensure the safety of the public and residents living adjacent to short- term rentals; and 13 WHEREAS, despite any existing challenges faced by cities in regulating or collecting revenue from the temporary rental of residential units, cities would oppose any effort to undermine their existing local authority to regulate land use or collect local TOT revenue. RESOLVED, at the League of California Cities General Assembly, assembled at the League Annual Conference on October 2, 2015 in San Jose, as follows: 1. Land use regulation and local tax collection are best overseen and implemented locally. 2. While temporary rental of residential units can offer innovative opportunities for travelers and property owners within the developing sharing economy, cities must retain flexibility to address any problems raised by such uses in a manner that reflects the unique issues and conditions in their communities. 3. Cities have existing legal authority and tools to regulate and collect revenue from the temporary rental of residential units, and SB 593 provides the data and framework that supports and bolsters such local efforts. 4. The League encourages cities to support SB 593. ////////// Background Information on Resolution No. 3 Source: City of West Hollywood Background: The sharing economy has quickly become common place in the everyday life of many individuals, whether they participate in ride -sharing, have rented a short-term residential unit, or live in a community were either is prevalent. The sharing economy has provided benefits to many, but also includes many issues that must be addressed in order to allow these sharing practices to effectively incorporate into our communities. Specifically, the short-term rental of residential units has grown exponentially within the last several years throughout the State, and its impacts need to be addressed. Presently, many cities and counties prohibit the renting of residences for less than 30 days. However, these prohibitions are frequently ignored by Online Vacation Rental Businesses ("OVRBs"), causing unwanted burdens on cities while reducing TOT collection from sanctioned hotels. The short-term rental of residential properties presents numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. The rentals facilitated by OVRB's in these cities and counties go against the expressed wishes of the residents. For the cities and counties that do allow short-term residential rentals, most require hosts to register and that transient occupancy taxes be paid. However, registration and payment of TOT in these cities and counties are based on the owners of the short terms residential units voluntarily reporting their rental activity. However, there has been a severe under -registration of hosts and underpayment of TOT. Only 10% of hosts in San Francisco have followed the city ordinance to register. Sonoma County has had to spend in excess of $200,000 in an attempt to track down those rentals that are not paying the required TOT under the ordinance. And Los Angeles is currently experiencing a rental housing shortage due in part to the recent popularity of OVRBs. 14 Cities and counties have been unable to obtain this information due to the fact that OVRB's pass their responsibility to individual homeowners. This lack of oversight and enforcement presents a gap in accountability, and as a result, local laws and regulations are not being followed. Sen. Mike McGuire's Thriving Communities and Sharing Economy Act (SB 593) will provide local jurisdictions with the data and framework necessary to collect TOT revenues from short-term rentals, to pay for vital local services; or conversely, the data necessary to help cities enforce local regulations designed to ensure the safety of the public and residents living adjacent to short-term rentals, if those rental are not allowed. Specifically, SB 593 would: 1) Prohibit the operators of short-term residential hosting platforms from advertising residential units for tourist or transient use if such use will violate any ordinance, regulation, or law, within the applicable city that opts into the bill's provisions; 2) Require short-term rental housing platforms to collect and remit applicable transient occupancy tax (if short-term rentals are allowed in the city and the collection of TOT is required by the city); and 3) Require the confidential quarterly reporting of the address of each residential unit that was occupied for tourist or transient use during the quarterly period, the total number of nights the residential unit was occupied for tourist or transient use, and the amounts paid for the occupancy of the residential unit for tourist or transient use. The premise of SB 593 is simple: reinforce local laws already on the books. Where vacation rentals are legal, the bill will assist local jurisdictions in their regulation and collection of Transient Occupancy Taxes, (TOT) as more than 430 cities and 56 counties impose a TOT. Where vacation rentals are illegal by local ordinance, the bill will prohibit online vacation rental businesses from making a rental. The Thriving Communities and Sharing Economies Act will empower local control, provide desperately needed funding for parks, local roads, fire and police services, and promote safe neighborhoods. SB 593 will require online vacation rental businesses to disclose information to cities and counties and/or collect and disperse Transient Occupancy Tax dollars — projected to be in the hundreds of millions of dollars statewide. The emerging short term rental industry is an important segment of the state economic fabric and an issue of statewide importance. SB 593 would assist in facilitating a shared economy that will be beneficial to California's cities and their residents. ////////// League of California Cities Staff Analysis on Resolution No. 3 Staff: Dan Carrigg Committees: Housing, Community & Economic Development; Revenue & Taxation Summary: This Resolution seeks to highlight and increase support for SB 593 (McGuire), which is pending in the Legislature. SB 593, titled the Thriving Communities and Sharing Economy Act, seeks to bolster local efforts to regulate and collect transient occupancy taxes from the temporary rental of residential houses, condominiums, rooms, and apartments for tourists and transient use. The League is currently in support of this legislation. Background: The City of West Hollywood and other cities are sponsoring the resolution in an effort to expand awareness of the issue among cities and encourage additional support for SB 593. They view the 15 legislation as helpful in bolstering local efforts to appropriately regulate a growing vacation rental industry. The author introduced SB 593 based upon his past experience as both former Mayor of Healdsburg and a Sonoma County Supervisor. These areas are popular with tourists, and the affected communities are facing increasing land use and revenue collection issues. SB 593 is currently on the Senate Floor and is considered a "two-year bill," meaning that it cannot move until January 2016. In addition to the League, SB 593 has a broad range of support: Support: American Federation of State, County, and Municipal Employees, AFL-CIO; American Hotel and Lodging Association; Asian American Hotel Owners Association; American Insurance Association; Association of California Insurance Companies; Andaz West Hollywood General Manager Lin Schatz; Association for Los Angeles Deputy Sheriffs; City of Big Bear Lake; Borrego Springs Chamber of Commerce & Visitors Bureau; California Apartment Association; California Association of Boutique and Breakfast Inns; California Association of County Treasurers and Tax Collectors; California Apartment Association; California Association of Code Enforcement Officers; California College and University Police Chiefs Association; California Narcotics Officers Association; California Police Chiefs Association; California Hotel and Lodging Association; California Labor Federation; California Professional Firefighters; California State Association of Counties; California Teamsters Public Affairs Council; Contra Cost County Treasurer -Tax Collector Russell Watts; Paul Desterman, Mindy Desterman; El Dorado County Treasurer -Tax. Collector C.L. Raffety; Douglas Engmann; Fairmont San Jose General Manager Kelley Cosgrove; Hilton Los AngelesfUniversal City General Manager Mark Davis; Hotel Association of Los Angeles; Hotel Council of San Francisco; Humboldt County Convention and Visitors Bureau; International Faith Based Coalition; League of California Cities; Long Beach Firefighter Association; Los Angeles Alliance for a New Economy; Los Angeles Police Protective League; Town of Mammoth Lakes; Marin County Council of Mayors and Councilmembers; Marriot Courtyard in Larkspur General Manager Sam Pahlavan; Denise McNicol; Mendocino County Board of Supervisors; Mendocino County Treasurer -Tax Collector Shari Schapmire; Mono County Board of Supervisors; Ashok Mukherje; National Association of Mutual Insurance Companies; Neighbors for Overnight Oversight; Jenny Oaks; Pacific Association of Domestic Insurance Companies; Riverside Sheriffs Association; Rural County Representatives of California; Sacramento Hotel Association; San Diego County Hotel -Motel Association; San Franciscans for Reasonable Growth; San Luis Obispo County Auditor -Controller - Treasurer -Tax Collector James Erb; San Mateo County Central Labor Council; Santa Cruz County Convention and Visitors Council; Service Employees International Union; ShareBetter San Francisco; Sierra County Auditor -Treasurer -Tax Collector Van Maddox; Siskiyou County Treasurer -Tax Collector Wayne Hammar; Sonoma County Auditor -Controller -Tax Collector David Sundstrom; Sonoma County Board of Supervisors; City of Thousand Oaks; Tulare County Auditor -Controller -Treasurer -Tax Collector Rita Woodard; Tuolumne County Treasurer -Tax Collector Shelley Piech; UNITE -HERE, AFL-CIO; United Firefighter of Los Angeles City, Local #112; Natasha Yankoffski. Opposition: Airbnb; Consumer Watchdog; Internet Association, TechNet. Fiscal Impact: Transient Occupancy Taxes are a significant source of local revenue. Many cities and counties are encountering challenges identifying units in their community that are being used as vacation rentals and collecting associated revenue. Where vacation rentals are permitted by local ordinance, the passage of SB 593 can assist local efforts, thereby increasing local revenues to support local services. Comment: 3) Earlier this year the League's Housing Community and Economic Development Committee and Revenue and Taxation Committee reviewed an earlier version of SB 593 and initially adopted a 16 Support, If Amended position, which was concurred with by the League board. The author later incorporated the League's amendments into the bill and the League issued a support letter on the current version of the bill. 4) Local governments already have extensive authority to regulate land use and collect local taxes. While vacation rentals may be an increasingly popular option for the traveling public, local ordinances are beginning to adjust. The League supports SB 593 because it is crafted in a way that supports local authority in dealing with this emerging issue. Local agencies can either opt in to its provisions or continue to address issues differently under their existing local authority. Existine League Policy: Related to this Resolution, existing policy provides: HCED Policy: The League believes that local zoning is a primary function of cities and is an essential component of home rule. Rev. & Tax Policy: Additional revenue is required in the state/local revenue structure. There is not enough money generated by the current system or allocated to the local level by the current system to meet the requirements of a growing population and deteriorating services and facilities. RESOLUTION REFERRED TO ENVIRONMENTAL DUALITY POLICY COMMITTEE 4. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO WORK WITH THE LEAGUE OF CALIFORNIA CITIES TO ENACT LEGISLATION OR TO OTHERWISE COMPEL SOUTHERN CALIFORNIA EDISON TO CREATE A PROGRAM TO AUTOMATICALLY PROVIDE DIRECT COMPENSATION TO ITS CUSTOMERS AFFECTED BY PROLONGED ELECTRICAL POWER OUTAGES UNDER SPECIFIED CIRCUMSTANCES. Source: City of Rancho Palos Verdes Concurrence of five or more cities/city officials: Cities of Hermosa Beach, Lomita, Palos Verdes Estates, Rolling Hills and Rolling Hills Estates Referred to: Environmental Quality Policy Committee Recommendations to General Resolutions Committee: WHEREAS, local governments in California are often reliant upon investor -owned private utility companies for the provision of electrical power to their citizens, businesses and institutions; and, WHEREAS, the reliability and consistency of electrical supply and transmission is critically important to local governments to ensure the protection of the public safety, health and general welfare of communities; and, WHEREAS, prolonged disruptions in electrical service can jeopardize the health of citizens who have a variety of physical challenges and rely on a constant source of power for medical devices; the safety of senior citizens who are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and the financial well-being of citizens, businesses and institutions that suffer from the loss of food, medication and other perishable items during prolonged power outages; and, WHEREAS, Southern California Edison (SCE), an investor -owned utility serving 15 million customers in Southern and Central California, experiences frequent and prolonged service disruptions due to both planned and unplanned outages, equipment failures and weather -related events, which adversely affect local governments within its service area; and, 17 WHEREAS, SCE has been fined by the California Public Utilities Commission in the past due to prolonged service disruptions, most recently being levied a $24.5 million penalty as a result of a prolonged outage that resulted from a wind storm in 2011; and, WHEREAS, although SCE provides a claim process by which its customers may seek compensation for financial losses incurred as a result of prolonged service disruptions, SCE appears to reject most such claims; which places an unreasonable burden upon its customers and creates a false impression that customers will be compensated for their losses; and, WHEREAS, at least one other investor -owned utility in California, Pacific Gas and Electric (PG&E) in Northern and Central California, has existing programs and procedures in place ("Safety Net" and "Service Guarantee") that automatically and directly compensate its customers when they are affected by prolonged service disruptions, including disruptions due to weather events and other causes, without the need for customers to seek compensation through a claim process; and, WHEREAS, these PG&E programs provide for "Storm Inconvenience Payments" of $25 to $100 for weather -related service disruptions of forty-eight (48) hours or more; as well as $30 service credits in instances of where the customer's electrical service is not restored within four (4) hours, or the customer is not provided with a time for service restoration within four (4) hours; the customer is without electrical service for twenty-four (24) hours or more in the event of unplanned service disruptions (unless the cause of the disruption is completely beyond the utility's control); and the customer is without electrical service as a result of a planned service interruption where less than seventy-two (72) hours' notice is provided to the customer; and, WHEREAS, local governments within SCE's service area believe that requiring SCE to implement automatic and direct compensation programs for prolonged service disruptions, similar to those implemented by PG&E, will provide tangible relief to citizens, businesses and institutions that are adversely affected by prolonged outages, and will incentivize SCE to improve the reliability of its equipment and service; and now therefore let it be, RESOLVED by the General Assembly of the League of California Cities, assembled in San Jose on October 2, 2015, that the League calls for the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel SCE to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances; and let it be, FURTHER RESOLVED that such program shall be modeled upon PG&E's "Safety Net" and "Service Guarantee" programs, and shall cover weather -related events and planned and unplanned service disruptions. ////////// Background Information on Resolution No. 4 Source: City of Rancho Palos Verdes Background: The City of Rancho Palos Verdes and other cities in the South Bay region of Los Angeles County have longstanding concerns regarding the ineffective process by which Southern California Edison (SCE) addresses residents' claims, and desires to obtain the League's assistance in correcting that process. On the Palos Verdes Peninsula, SCE's aged infrastructure has caused fires and repeated, prolonged power 18 outages. The prolonged power outages are the focus of this request, because they adversely affect residents in a variety of ways, particularly: • Residents who have a variety of physical challenges and rely on a constant source of power for medical devices; • Residents who are senior citizens and are particularly susceptible to injury if power outages persist for a long period of time into the evening hours; and, • Residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. The California Public Utilities Commission (CPUC) has the authority to impose penalties on utilities, including for prolonged power outages, and did so in connection with an extreme wind event that occurred in the Los Angeles area in 2011. However, the CPUC is not authorized to award claims to residents for prolonged electrical power outages. If a resident has a claim he or she wishes to pursue, the resident must file a claim with SCE, along with documentation of the financial loss that was incurred. If the claim is rejected, the resident then must file a lawsuit against SCE (probably in small claims court). Most residents will not want to spend the time and effort to pursue small claims for monetary damages arising from extended power outages. SCE only awards claims for damages caused by its own negligence. This means that if an extended power outage is caused by a weather -related event, the claim will be denied. The SCE website also states that it will not cover claims for power surges. Since SCE often moves power from one line to another to enable repairs and maintenance, SCE can be the cause of the power surge, but residents still will not receive compensation for those claims. Proposed Legislation The proposed resolution calls upon the Governor and Legislature to enact legislation (or take other action) that will provide rebates in flat amounts to SCE customers for extended power outages under specified conditions. The proposed legislation could be modeled on the "Safety Net" and "Service Guarantee" programs offered by Pacific Gas and Electric (PG&E), another California -based investor -owned utility, which provides specific rebates to its customers based upon the type, cause and duration of service interruptions. These penalties are designed to provide direct compensation to SCE's customers who are adversely affected by prolonged power outages, and to incentivize SCE to restore the power as quickly as possible. They also will eliminate the frustration that SCE's customers experience as a result of SCE's existing claim process. ////////// League of California Cities Staff Analysis on Resolution No. 4 Staff: Jason Rhine Committee: Environmental Quality Summary: Resolution No. 4 calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel Southern California Edison (SCE) to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage under specified circumstances. Background: City of Rancho Palos Verdes asserts that the South Bay region of Los Angeles County has longstanding concern regarding the ineffective process by which SCE addresses residents' claims associated with 19 prolonged electrical power outages. The City believes that SCE's aged infrastructure has caused fires and repeated, prolonged electrical power outages. Prolonged electrical power outages can adversely affect residents who have physical challenges and rely on a constant source of power for medical devices; residents who are senior citizens and are particularly susceptible to injury if electrical power outages persist for a long period of time into the evening hours; and, residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged electrical power outages. According to information provided by SCE, SCE has the following customer compensation program: Service Guarantee Program SCE shall provide the following four service guarantees to its electric customers and provide a $30 credit when these service guarantees are not met. Unless otherwise stated below, the four service standards apply only to active service accounts served under the Residential, General Service and Industrial, or Agricultural and Pumping rate schedules. • Restoration of Service Within 24 Hours: SCE will restore electrical service within 24 hours of when SCE first becomes aware of a power outage. The first credit will be applied if the outage exceeds 24 hours. Additional credits will be applied for each succeeding 24-hour period that the customer is without service. Partial credits will not be paid for outage periods less than a full 24-hour increment. Power outages associated with a moderate, severe, or catastrophic storm condition are exempt from the program. • Missed Appointments: When an appointment for a field service visit is made with a customer for a specific appointment time, and the customer's presence is required for establishing new service, a billing inquiry, or meter installation, SCE will arrive at the agreed upon appointment within 30 minutes before or after the scheduled time. • Notification of Planned Outages: SCE will provide customers with notification of a planned outage at least three calendar days prior to the event. SCE will notify customers either by US Postal Service mail, by phone, in -person or door-to-door through door hangers, or by e-mail if SCE has the customer's e-mail address on file. If a planned outage is rescheduled to a new date not specified in the original notice to the customer, SCE will provide a new notice at least three calendar days in advance of the rescheduled planned outage. • Timely and Accurate First Bill: SCE will issue an accurate first bill to a new customer of record within 60 days of establishing service. The bill and bill accuracy is defined according to the terms and conditions of SCE's Rule 9 (Rendering and Payment of Bills) and Rule 17 Section A (Adjustment of Bills and Meter Tests Usage) and Section D (Adjustment of Bills for Billing Error). The service guarantee credit process will be initiated once SCE is aware that the first bill was either inaccurate or issued beyond sixty days of establishing service. The first bill for any given customer account is eligible for only one service guarantee credit regardless of whether the bill is late, inaccurate, or both. According to PG&E's website, PG&E offers the following customer compensation programs: Compensation for Extended Outages STORMS MESSAGE: If you are a residential customer and have gone without power for at least 48 hours due to severe storm conditions, you may qualify for a payment under PG&E's Safety Net Program. This program provides for the automatic payment of $25 - $100, which is paid about 60 days following the storm outage. In some cases, processing may take 90-120 days (heavy storm season). Safety Net Program We understand how inconvenient it is for customers who go without power for 48 hours or longer due to severe events, such as a storm. That is why PG&E created the following: 20 • PG&E will provide payments to residential customers we determine were without power for more than 48 hours due to a severe storm. • The payments will range from $25 up to $100, depending on the length of the outage. Eligibility • The Storm Inconvenience Payment provision of the Safety Net Program applies to residential customers only (rate schedules E-1, E-6, E-7, E-8, E-9, EM, ES, ESR, ET, and EV); customers also may be enrolled in programs such as CARE and medical baseline. • Businesses, agricultural accounts, multi -family building common areas, streetlights, and all other customers other than residential customers are ineligible for Storm Inconvenience Payments. • Storm Inconvenience Payments will not be issued to customers in areas where access to PG&E's electric facilities was blocked (mud slides, road closures or other access issues). Also, if customer equipment prevented restoral or extended customer outage (ex. weatherhead, service drop, etc.). • The outage must have occurred during a major weather -related event that caused significant damage to PG&E's electric distribution system. • The outage must have lasted more than 48 hours. • Storm Inconvenience Payments are in increments of $25 ($100 maximum per event). Payment levels are based on the length of the customer's outage: o 48 to 72 hours $25 o 72 to 96 hours $50 o 96 to 120 hours $75 o 120 hours or more $100 • Both bundled -service and direct -access residential customers qualify for Storm Inconvenience Payments. • Storm Inconvenience Payments will be issued to the customer of record. • A customer with multiple residential services such as a primary residence and a vacation home is eligible for Storm Inconvenience Payments at each location where there was a storm -related outage of more than 48 hours. • Customers must have an open account (service agreement) in good standing at the time of the outage and at the time payment is issued (generally 45 to 60 days after the event). • For master -metered accounts such as mobile home parks, the customer of record will receive the Storm Inconvenience Payment for the master meter only. Service Guarantee Program Gas and electricity are essential to keep your life running smoothly, safely and efficiently. When your service is interrupted or in need of repair, you expect a reasonable and timely response. To ensure that we provide this to you, PG&E has implemented service guarantees, which spell out our commitment to prompt customer service for our customers: • Guarantee 1: Missed Appointments: PG&E will meet the agreed upon appointment time set with our customer during contact with our Call Center or automatically credit your account $30. • Guarantee 2: Non -Emergency Investigations: PG&E will investigate non -emergency situations (check meter) and communicate results to a customer within seven days of a customer's request. Check -meter appointments between October 15 and December 15 of each year will be scheduled within 10 workdays. If an off -site meter test is required, PG&E will communicate the results to the customer within 30 days. If access is required to the customer's premises, then an appointment is necessary. Failure to meet the service guarantee will result in a $30 credit to the customer's account. An automatic credit to the customer's account would apply only if PG&E misses a scheduled appointment date. If 21 the appointment is scheduled beyond five workdays, the customer must notify PG&E to receive the credit. If PG&E's records show that such scheduling was at the customer's request, the credit does not apply. • Guarantee 3: Emergency: The Emergency Service Guarantee is not currently in effect. • Guarantee 4: Complaint Resolution: PG&E will decide on a course of action to resolve a complaint and communicate it to the customer within three working days. PG&E will communicate the complaints resolution to the customer within 10 working days, or 30 working days when an off -site meter test is required or an on -site home audit is requested. Failure to meet the service guarantee will result in a $30 credit to the customer's account. • Guarantee 5: New Meter Installations: PG&E will meet the agreed upon date for new service meter installations and service turn-ons or automatically credit your account $50. • Guarantee 6: Electric Service Disruptions: PG&E will respond to customer calls reporting electric service interruptions within four hours by restoring service; or by informing the customer, upon request, when service restoration is expected; or automatically credit your account $30. • Guarantee 7: Electric Service Restoration: PG&E will restore electric service within 24 hours, unless the cause is absolutely beyond our control, or we will automatically credit your account $30 for each 24-hour period you are without service. • Guarantee 8: Commencing Bills: PG&E will issue an accurate commencing bill to a new customer account within 60 days of service initiation, or we will automatically credit your account $30. • Guarantee 9: Planned Interruptions: PG&E shall provide at least three days' notice of a planned interruption in service. Failure to meet the service guarantee will result in a $30 credit to the customer's account. This guarantee will require a customer call and PG&E investigation to determine if PG&E's commitment to notify customers 72 hours in advance of planned interruptions was missed. Customers notified of planned service interruptions 72 hours in advance may have their service interrupted on multiple occasions on the date(s). • Guarantee 10: Service Termination in Error: Impacted customers will be eligible for a $100 credit adjustment if PG&E terminates service in error. Fiscal Impact: No Impact on City Funds. Compelling SCE to create automatic direct compensation programs modeled on PG&E's "Safety Net" and "Service Guarantee" programs would have no direct fiscal impact on cities because the "Safety Net" program is limited to residential customers and the "Service Guarantee" program is very similar to SCE's existing program. However, residential customers would receive direct payments in specified circumstances for prolonged electrical power outages. Comment: • The City of Rancho Palos Verdes, in sponsoring this resolution, does not believe that SCE has an effective process to address customer damage claims associated with prolonged electrical power outages. According to the resolution, the City of Rancho Palos Verdes would like to compel SCE to create a program to automatically provide direct compensation to its customers affected by prolonged electrical power outages under specified circumstances. Additionally, the program would be modeled upon PG&E "Safety Net" and "Service Guarantee" programs, and shall cover weather -related events and planned and unplanned service disruptions. • What is SCE's process to provide relief to customers that have experienced a prolonged electrical power outage? As part of SCE's four point service guarantee program, customers experiencing an electrical power outages exceeding 24 hours, may qualify for a $30 credit under specific conditions. However, prolonged electrical power outages 22 caused by a moderate, severe, or catastrophic storm condition are exempt from the program. • How does PG&F provide relief to customers that have experienced a prolonged electrical power outage? Like SCE, PG&E has a multi -point service guarantee program that provides customer credits that range from $30 -$100 for a wide range of activities. In addition, PG&E has a specific, weather related program, the "Safety Net" program, which provides automatic, direct payment to customers experiencing electrical power outages, in excess of 48 hours. • What type of customer compensation program does the Resolution call for? The Resolution calls for a customer compensation program that expands beyond PG&E's two existing programs. Under the Resolution, the City of Rancho Palos Verdes would like to compel SCE to adopt a program based on PG&E's "Safety Net" and "Service Guarantee" programs, and also cover weather -related events and planned and unplanned service disruptions. • Do these programs really provide funds to residential customers? While the Resolution holds PG&E's programs in high esteem, after hearing from a number of city officials in PG&E's service territory, it seems that there is a great deal of skepticism around the effectiveness and utilization of their residential compensation programs. Is PG&E's program really working as described? • What about California's other Investor Owned Utilities (IOU) and municipal utilities? The Resolution is directed at SCE. However, the committee may want to consider the implications of the Resolution on the other investor owned utilities and municipal utilities. • Is legislation the best approach? The Resolution calls upon the Governor and the Legislature to work with the League of California Cities to enact legislation or to otherwise compel SCE to create a program to automatically provide direct compensation to its customers affected by a prolonged electrical power outage. Given that the California Public Utilities Commission regulates all of the investor owned utilities, it may be more appropriate to seek a regulatory change rather than a legislative proposal. • More information to come. The Resolution could have broader implications beyond SCE and PG&E. Prior to the Environmental Quality Policy Committee and General Resolutions Committee meeting at Annual Conference, League staff will provide additional background information on the following: o Other IOU electrical power outage compensation programs. o Municipal utility electrical power outage compensation programs. o Role of the California Public Utilities Commission. Existing League Policy: In response to the energy crisis of 2001, the League of California Cities established extensive policy and guiding principles related to the electric industry. However, there is no existing policy that pertains to prolonged power outages or compensating customers for damages incurred during a prolonged power outage. 23 LETTERS OF CONCURRENCE Resolution No. 2 Overconcentration of Alcohol & Drug Treatment Facilities THE CITY OF ARTESIA, CALIFORNIA f'�\ iNCUCFOGATIii�' ` '� "Service Builds Tomorrow's Progress" July 15, 2015 President Stephany Aguilar League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA 90701 Telephone 562 / 865-6262 FAX 562 / 865-6240 Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Dear President Aguilar, I, Mayor Pro Tem Victor Manalo, City of Artesia wish to support the League of California Cities resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities. This resolution respectfully points out that community concern could be addressed if state agencies communicated and collaborated more with local government. Thank you in advance for considering, supporting and adopting the resolution at the annual conference on October 2, 2015. Sincerely, Victor Manalo Mayor Pro Tem City of Artesia Sixteen Htsra?srzP2s Horatin9for2 Dszioe, oannte. C:cli,goRnia 91010-2 . )2 Tel r'i 2 , 36'7-75)31 FAX C Qt -uzww_occcsbu.tzu.tre.coro July 22, 2015 Stephany Aguilar. President League of California Cities 1400 K Street, Suite 400 Sacramento. CA 95814 Fax (916) 658-8240 tilkrzfon TzeiteL P'arras-Caczacct muy.oge Preis Tear. Surutrei Kong )0.102 To&urru Maugonet E. Finlay Liz Realty City PMnoiytcz Fk�ae:r u Genic Re: A Resolution of the League of California Cities calling for legislation to preserve therapeutic environments for group homes, and avoid impacts of overconccation of alcohol and drug abuse recovery and treatment facilities in residential neighborhood$ The City of Duarte wishes to support the League of California Cities' resolution, for legislation to preserve therapeutic environments for group homes and avoid impacts of ovcrconcentraiion of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. to be adopted on October 2, 2015, at the Annual League of California Cities Confetti noe in San Jose. California. In the interest of continuing local control, land use and planning, and borne rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Em- ployment and Housing Act includes legal protection against discrimination against persons with disabilities throw l zoninv laws, denials of use permits, and other actiow authorized under the Planning and Zoning Law.. The Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on side -family neighborhoods„ or the overconcentration of these facilities, as there is for residential group home facilities. This resolutionrespcctfully points an" the community concern could be addressed if State agencies communicated and collaborated more with local government.. Thank you in advance for considering, supporting and adopting the resolution at the annual conference on October 2, 2015. Sinerelj'.y'—`) T teT Pates-Caracci Mayor g -13Ra ao otheorzigirxrl Arac'3Ktes Dricrate Rancho City Council David A. Spence, Mayor Jonathan C. Curtis, Mayor Pro Tem Michael T. Davitt Leonard Pieroni Terry Walker ILINTRiDGE le July 15, 2015 President Stephany Aguilar League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Dear President Aguilar: I am a City Council member of the City of La Canada Flintridge and wish to express my support of the League of California Cities' resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. Said resolution is scheduled for consideration on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, I believe the Governor and Legislature should respect individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities. This resolution respectfully points out that community concern could be addressed if state agencies communicated and collaborated more with local government. Thank you in advance for considering, supporting and adopting the resolution at the annual conference on October 2, 2015. Sincerely, Michael T. Davitt Council Member CCCA Executive Board Member 1327 Foothill Boulevard • La Canada Flintridge • California 91011 • (818) 790-8880 • FAX: (818) 790-7536 Ric I'i ut Virr Lfo,u .)�• 1, -A .. r .. Jf) ti L' ,s w4y4). Gn,t, 4! linttt•-rr Sian t'es i IDnnr I'taker. t.ftJ4 aTAfrmtrr Cai'lie iTAfr+r.h. 1Ifrcn�~ 3ctr w• ml .ilcrrtr July 21, 2015 President Stephany Aguilar League of California Cities 1400 K Street Suite 400 Sacramento, California 95814 Re: Resolution for Legislation to Preserve Therapeutic Environments for Group I lorries and Avoid impacts of Overconcentration of Alcohol and Drug Abuse Recovery and Treatment Facilities in Residential Neighborhoods Dear President Aguilar_ The City of Lakewood supports the League of California Cities' resolution for legislation to preserve therapeutic enviroiunents for group homes and avoid impacts of overconccntration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods. We support that this resolution he adopted at the Annual League of California Cities Conference on October 2, 2015 in San Jose, California. Lakewood recognizes that residential group home facilitic provide valuable services for those who live in them. However, we also recognize that these facilities often generate more noise and activity than expected from a traditional single-family home, and that overeoncentration of these homes can change the character of the neighborhoods where they are situated. Overeoncentration can occur because state agencies that oversee these homes have different siting standards (facilities licensed by the state Department of Social Services require a 300 foot separation between facilities, but those facilities licensed by other state agencies, such as the Department of Alcohol and Drugs Programs, do not have such a requirement). This resolution will seek to address, via legislation, overconcentration of alcohol and drug trcatmcnt prevention facilities in residential neighborhoods while respecting important legal rights of patients and legal obligations of public entities. Thank you for your consideration, support and adoption of this import resolution at the Lsgue Annual Conference. Jeff Wood Mayor Lakewood 50•',1) dark Aw -.ic. take tikes., CA':IO? I ? • ! 562} SI44 9771 • I ,. (S&2 ) $GG (15t15 • tie.:vc•.lakc-,vcxxlctiy.t rr • Lund: �.r#.•icc 1 rrrlai;ca•ncKicity.cmt �,-�F"►05�iq V;, . I,7 MITCT-IELL ENGLANDER l,os ANuF•t.I s CITY COUNCIL) EMBER, TWELFTH DISTRICT July 24,2015 President Stephany Aguilar League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCEN"TRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Dear President Aguilar, 1, Los Angeles City Councilmember Mitchell Englander, wish to support the League of California Cities resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the overconcentration of these facilities as there is for residential group home facilities. This resolution respectfully points out that community concern could be addressed if state agencies communicated and collaborated more with local government. Thank you in advance for considering, supporting and adopting the resolution at the annual conference on October 2, 2015. Sincerely, MITCHEL NLANDER President Pr•etnpore, Chair, City of Los Angeles Public Safety Committee City Fla U Office • 2011 N. Spring Street, Room 405 • Lu' Angeles, CA 90012 • Phone (213) 473-7012 • Fax (213) 473d0925 (balsworth ( itier • 9207 Oakdale Ave, • Chat,worth, CA 91311 • Muni: (S18) 882• 1212 • Fa*. (SlS) 701-5254 per;, tvww.C.D12.org CITY COUNCIL HENRY SAN CHEZ IR. JY.M AZET,EY MICHAEL . SAVtDAN BEN TRAIN MARK WARONEK CITY OF LOMITA July 23, 2O15 President Stephany Aguiar League of Ca rrronlia Cities 1400 K Sty SUlte 40+0 Sacramento, CA115814 Fax. (916) 65B-8240 ADMINISTRATION MICBAEL ROCK CITY SAANAGER RE: ,4 RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC Di1 IRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCERTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES 1N RESIDENTIAL NEIGHBORHOODS Dear President Aguilar. I. 1+.1$y r Henry Sanchez, Jr.. Crty or Loma, wish to $upcivrt the League of Houle. Cites resolution tor legislation to therapeutic environments for group homes art . avoid impacts of everCtinOentration of alcoho[ and dnig abuse recovery and treatrrrent facilities in residential neigIxhoads to bet adapted on October 2, 2015 at Ole Annual League of Calitnia Citifies Conference in San Jose, California. In the interest of c]ontiruirrg Iocal control. Land use and planning and home rube, we believe the Governor .and Lagislature should naspeat the individuals' 1egaal rights. The California Fair Employment and Housing Act inr~Iodes Legal protaotion against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions a thorned under the Planning and Zoning Law. and the ,+ Bari r*s vfitii Oisaaaies Aot requirft public entities to make reasonable eocommedaptions firs policies, prackas, or procedures to aanoid discrimination on the basis of a disabiirty_ Thera is no provision n in State Law that allow for the aonsiderat5on of the impact of alloohoiisrri or drug abuse recovery or treatrnerrt fecillies on single-family rebighboFhoodg car t5 overcort entraliOn of OilsOilese facilities as there is fair residential group home facil e& This rasolr on respectfully points out that community concerns could be addressed if state agencies communicated arid collaborated more with Local government Thank you in advance for consider , eupporting and adopting the Pe0OlutiOn at the annual conferenceoonference on October 2, 2015. Sincerely. \Sit, Henry Satrx$aez, Jr. Mayor, City of Lomita co; Kalil Lofing, California Contract Cities P,ssooiation, keIi core ctcitiep-C 'g CITY HALL OFFICES P.O. BOX 339.24300 NAP.BONNE AVENUE_ LOMITA • CALIFORNIA 907 ]7 ()t0)32.5 7110-FA.X(3](1)$15.4O24 • www,Igmi 4�nSdGi yh ]t City of Pico Rivera OFFICE OF THE CITY COUNCIL 6615 Passons Boulevard • Pico Rivera, California 90660 • (562) 801-4371 web: wwu.pico-rivera.org • e-mail: spcna(&p:eo-rwera.crg GREGORY SALCIDO Mayor July 15, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Suite 400 Sacramento, CA 95814 Fax: (916) 658-8240 Re: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR LEGISLATION TO PRESERVE THERAPEUTIC ENVIRONMENTS FOR GROUP HOMES AND AVOID IMPACTS OF OVERCONCENTRATION OF ALCOHOL AND DRUG ABUSE RECOVERY AND TREATMENT FACILITIES IN RESIDENTIAL NEIGHBORHOODS Dear President Aguilar, I, Gregory Salcido, Mayor of the City of Pico Rivera wish to support the League of California Cities resolution for legislation to preserve therapeutic environments for group homes and avoid impacts of overconcentration of alcohol and drug abuse recovery and treatment facilities in residential neighborhoods to be adopted on October 2, 2015 at the Annual League of California Cities Conference in San Jose, California. In the interest of continuing local control, land use and planning and home rule, we believe the Governor and Legislature should respect the individuals' legal rights. The California Fair Employment and Housing Act includes legal protection against discrimination against persons with disabilities through zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law; and the Americans with Disabilities Act requires public entities to make reasonable accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability. There is no provision in State law that allows for the consideration of the impact of alcoholism or drug abuse recovery or treatment facilities on single- family neighborhoods or the overconcentration of these facilities• as there is for residential group home facilities. Stephany Aguilar, President League of California Cities Legislation to Preserve Therapeutic Environments for Group Homes Page 2 This resolution respectfully points out that community concern could be addressed if state agencies communicated and collaborated more with local government. Thank you in advance for considering, supporting and adopting the resolution at the annual conference on October 2, 2015. GS:BC:sp LETTERS OF CONCURRENCE Resolution No. 3 Residential Rentals, Support for SB 593 (McGuire) CITY OF HEALDSBURG ADNIINISTRATION 401 Grove Street Healdsburg, CA 95448-4723 Phone: (707) 431-3317 Fax: (707) 431-3321 Visit us at www.ci.healdsburg.ca.us July 29, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 RE: RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar: The City of Healdsburg supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, Lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Healdsburg believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For these reasons, the City of Healdsburg supports the League's Resolution. Sincere SPI . McCaffery, Mayor City of Healdsburg cc: Meg Desmond, T Pogue of California Cities, mdesmond@cacities.org John Leonard, City of West Hollywood, jleonard@weho.org ; ,mot Lai r T wra Council P.O. Box 1609, Mammoth Lakes, CA, 93546 (760) 934-8989 www.townofmammothlakes.ca.gov CALIFORNIA July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 RE: LETTER IN SUPPORT OF A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) Dear President Aguilar: The Town of Mammoth Lakes supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The Town of Mammoth Lakes is a small, rural community in the Eastern Sierra Region of about 8,000 full-time residents. Mammoth Lakes is a tourist destination, servicing hundreds of thousands of visitors each year. We are geographically isolated from populated areas by several hundred miles and are supported by our one primary industry — tourism. The League's proposed resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, and decrease available housing stock. in Mammoth Lakes, with a limited poiice force that is not staffed 24-hours a day and a code enforcement staff of one, enforcement of these types of issues can be very challenging. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all transient rentals should be subject to the same tax. The revenues generated support local services, including but not limited to, public safety, snow removal, maintenance of public parks and facilities, road maintenance, and recreation programs, which directly affect local quality of life and the attraction of the community for a visitor. This proposal will make it much easier for communities such as Mammoth Lakes that depend on revenue from TOT to enforce existing rules and regulations and collect TOT as specified in our Municipal Code. Mammoth Lakes relies heavily on TOT collection to operate the Town government: nearly 65% of the Town's operating budget is funded by the collection of TOT. Collection of TOT is so important to the Town that we have three full-time employees dedicated its enforcement. This includes making sure that people remit their taxes on time, but more importantly it is tracking down violators who are renting their units without an approved permit, renting units in locations where the zoning does not permit it, and/or not remitting their taxes to the Town. Enforcement is made much more difficult by the use of online vacation rental business (OVRB) websites where unit numbers and addresses are typically not listed and often owners do not require the payment of TOT. The data proposed to be collected and provided to us by OVRBs will be of great value as we manage transient rentals in our community. The Town of Mammoth Lakes believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For all of these reasons, the Town of Mammoth Lakes supports the League California Cities' Resolution. Sine John entworth Councilmember Town of Mammoth Lakes cc: Meg Desmond, League of Califomia Cities, mdesmond@cacities.orq John Leonard, City of West Hollywood, jleonard@weho.orq CITY OF NAPA MAYOR AND CITY COUNCIL July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Napa supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. The City of Napa's zoning ordinance defines a "Rental Housing Shortage" as a vacancy rate less than 5%. A vacancy rate of Tess than 2% is defined as "Severe". We are currently at severe levels. The City's vacancy rates have continued to decline from 4% in 2009 to less than 2% today. Our Housing Element recognizes the issue of rising housing costs in Napa and its impact on the goal of maintaining Napa's quality of life by balancing the availability of housing with other environmental considerations. Maintaining and protecting our housing stock is of utmost importance to the City of Napa. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Napa believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For the reasons as stated above, the City of Napa supports the proposed Resolution. Sincerely, Jill Techel Mayor CITY OF NAPA JT/dr cc: City of Napa City Councilmembers Meg Desmond, League of California Cities, mdesmond(c�cacities.org John Leonard, City of West Hollywood, jleonard@weho.org City Manager Mike Parness Community Development Director Rick Tooker CITY OF PIEDMONT CALIFORNIA July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar: The City of Piedmont supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging -"shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor_ The City of Piedmont believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and 120 VISTA AVENUE / PIEDMONT / CALIFONIA 94611 / 510: 420-3040 a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For these reasons, the City of Piedmont supports the Resolution. Sincerely, P:ul Beno City Administrator City of Piedmont cc: Meg Desmond, League of California Cities, mdesmond( eacities.org John Leonard, City of West Hollywood, jleonard@weho.org CITY OF S }.L !TA CRUz MAYOR AND CITY COUNCI L 809 Center Street, Room 10, Santa Cruz, CA 95060 • (831) 420-5020 • Fax: (831) 420-5011 • citycouncil@cityofsantacruz.com July 27, 2015 Ms. Stephany Aguilar, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (McGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES Dear President Aguilar: As Mayor of the City of Santa Cruz, I am writing in support of the proposed resolution related to the Thriving Communities and Sharing Economy Act and concur in the submission of the resolution for consideration by the League of California Cities (LOCO) General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges Local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy." The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. Such rental situations may create additional noise, traffic, parking, and privacy and public safety issues; subvert local rent control laws; decrease available housing stock; and, in some cases, turn residential neighborhoods into de facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated Transient Occupancy Tax (TOT) should also be collected. These units are in direct competition with hotels, motels, and other accommodations where guests pay the local TOT, so all such uses should be subject Ms. Stephany Aguilar, Presia...it July 27, 2015 Page 2 to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash collection, park maintenance, and other local public services which directly affect local quality of life and make the community attractive to a visitor. I believe SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. For these reasons, I support the proposed resolution and hope that the LOCC will consider adoption of this resolution at its October conference. Sincerely, Do zl ane Mayor cc: Meg Desmond, League of California Cities, mdesmond(a�cacities.org John Leonard, City of West Hollywood, jleonard@weho.org P:\CMAD\Word(Wpfiles)\SUZANNEU\Mayordl 20I4-20151Letters\S$ 593 Aguilar.docx City of Sa nt81 MouRic ® July 24, 2015 Mayor Kevin McKeown Mayor Pro Tempore Tony Vazquez Councilmembers Gleam Davis Sue Himmelrich Pam O'Connor Terry O'Day Ted Winterer Stephany Aguilar, President League of California Cities 1400 IC Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Santa Monica supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease available housing stock and in some cases turn residential neighborhoods into de -facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Santa Monica believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. In Santa Monica, a city of just over 90,000 residents, passage of SB 593 in concurrence with our local ordinance, will generate estimated annual revenues of approximately $138,500 in Transient Occupancy Tax and would return approximately 1,000 units to the housing market. For these reasons, the City of Santa Monica supports the City's Resolution. Sincerely, Kevin McKeown Mayor cc: Meg Desmond, League of California Cities, rndesrnond@cacitigz.org John Leonard, City of West Hollywood, jleonard@)weho.ojg 1685 Main Street a PO Box 2200 • Santa Monica a CA 90407-2200 tel: 310 458-8201 • fax: 310 458-1621 • e-mail: council@smgov.net Cite of onoma No. 1 The Plaza Sonoma California 95476-6690 Phone (707) 938-3681 Fax (707) 938-8775 E-Mail: cifyhall@sonomacity.org July 27, 2015 Stephany Aguilar, President League of California Cities 1400 K Street Sacramento, CA 95814 Dear President Aguilar: RE: A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORTING SB 593 (MCGUIRE) AND CONTINUED LOCAL FLEXIBILITY FOR CITIES AS THEY ADDRESS NEIGHBORHOOD AND FISCAL IMPACTS OF TEMPORARY RENTALS OF RESIDENTIAL UNITS FOR TOURIST OR TRANSIENT USES The City of Sonoma supports the proposed resolution related to the Sharing Economy and concurs in the submission of the resolution for consideration by the League of Cities General Assembly at its annual meeting on October 2, 2015. The resolution reaffirms and acknowledges local efforts to effectively regulate land use impacts and collect applicable taxes from transient residential rentals as part of the emerging "shared economy". The short-term rental of residential houses, rooms, condominiums, and apartments present numerous challenges within neighborhoods and to adjacent property owners. They may create additional noise, traffic, parking, privacy and public safety issues, subvert local rent -control laws, decrease avaiiabie housing stock and in some cases turn residential neighborhoods into de - facto hotel rows. Where the temporary rental of residential units is allowed by local regulation, the associated transient occupancy tax (TOT) should also be collected. These units are in direct competition with hotels, motels and other accommodations where guests pay the local transient occupancy tax, so all such uses should be subject to the same tax. The revenues generated support local streets, roads, fire, police, lifeguards, trash pick-up, park maintenance and other local public services which directly affect local quality of life and the attraction of the community for a visitor. The City of Sonoma believes SB 593, as referenced in the proposed resolution, acknowledges existing local authority in this area and provides the necessary data for local jurisdictions to enforce their regulations regarding short-term residential rentals and a helpful regulatory framework that local governments may choose in lieu of exercising their existing authority. The City of Sonoma is a tourist destination and the proliferation of vacation rentals is a top priority for City staff. The workload in monitoring and attempting to ensure compliance with local regulations is over -burdening our small staff. In addition, the sale of available housing has become a market for out of town investors to purchase and create new vacation rentals. Without legislative intervention, vacation rentals become an epidemic in a desirable destination location and the local residents "pay the price". For these reasons, the City of Sonoma supports the League's Resolution. Sincerely, Carol E. Giovanatto City Manager For and on behalf of the City of Sonoma cc: Meg Desmond, League of California Cities, mdesmond@cacities.org John Leonard, City of West Hollywood, jleonard(c�weho.orq LETTERS OF CONCURRENCE Resolution No. 4 Compensation for Prolonged Electrical Power Outages eete, qamoda Fead Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Aguilar: The City of Hermosa Beach supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our city values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact Andrew Brozyna at (310) 318-0238 or abrozynatV hermosabch.orq if you have any questions. Sincerely, Tom Bakaly City Manager CITY COUNCIL l$0 L\ HENRY SANCHEZ JR. JIM GAZELEY MICHAEL G. SAVIDAN BEN TRAINA MARK WARONEK CITY OF LOMITA July 28, 2015 Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 Dear President Aguilar: The City of Lomita supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without fling a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our city values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact Laura Vander Neut, Management Analyst at (310) 325-7110, ext. 151 or Lvanderneut a(�,Iomitacity.com if you have any questions. Sincgarely, St4t d(01' Henry Sar hez, Jr. Mayor, City of Lomita cc: Kit Fox, Senior Administrative Analyst, City of Rancho Palos Verdes, KitF @..rpvca.00v CITY HALL OFFICES • P.O. BOX 339 • 24300 NARBONNE AVENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomita.com/cityhall 0.0),S ,VERD.6, a`cfl lr a INCORPORATED I839 e4LIFOgOs July 29, 2015 Stephany Aguilar, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814 CITY OF OFFICE OF THE MAYOR Dear President Aguilar: The City of Palos Verdes Estates supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' proposed resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our City values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to contact City Manager Anton Dahlerbruch at 310.378.0383 or adahlerbruch@pvestates.org if you have any questions. Sincerely, Mayor Enclosure: Rancho Palos Verdes Proposed League Resolution c: Palos Verdes Estates City Council Rancho Palos Verdes City Council Doug Wilimore, Rancho Palos Verdes City Manager Jeff Kiernan, League of California Cities Regional Public Affairs Manager (via email) Post Office Box 1086, Palos Verdes Estates, California 90274-0283 340 Palos Verdes Drive West, Palos Verdes Estates, California. 310-378-0383 City ledii" INCORPORATED JANUARY 24, 1957 July 30, 2015 Stephany Aguilar, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Dear President Aguilar, The City of Rolling Hills supports the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The City of Rancho Palos Verdes' resolution seeks to address the failure of Southern California Edison (SCE) to reasonably compensate its customers for losses incurred due to prolonged service disruptions. Prolonged electrical outages jeopardize the public safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of outages are: • Customers with physical challenges who rely on a constant source of power for medical devices; • Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and, • Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. At least one other California utility, Pacific Gas and Electric (PG&E), provides automatic, direct rebates to its customers in the event of prolonged power outages for a variety of causes, including severe weather and other planned and unplanned outages. Rebates are provided automatically to PG&E's customers without filing a claim, which we believe demonstrates that such a program is feasible for SCE as well. As a member of the League, our city values the policy development opportunity provided by the Annual Conference Resolution process. We appreciate your time and consideration of this important issue. Please feel free to me at (310) 377-1521 or rcruz@cityofrh.net if you have any questions. Sincerely, 2 C--((// Raymond R. Cruz City Manager RC:hl 07-30-I5RPV League_ResolutionConcurrence_SCE c: Mayor and City Council 0 Printed on Recycled Paper JOHN C. ADDLEMAN Mayor STEVEN ZUCKERMAN Mayor l')o T,rn BRITT HUFF Col(neil Mrnibre. JUDY MITCHELL Council Member FRANK ZERUNYAN Council Member DOUGLAS R. PRICHARD City Manager July 29, 2015 Stephany Aguilar, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 CITY OF ROLLING HILLS ESTATES 4045 PALOS VERDES DRIVE NORTH • ROLLING HILLS ESTATES, CA 90274 TELEPHONE 310.377.1577 FAX 310.377.4168 www.ci.Rolling-Hills-Estates.ca.us Dear President Aguilar: As Mayor of the City of Rolling Hills Estates, I support the City of Rancho Palos Verdes' effort to submit a resolution for consideration by the General Assembly at the League's 2015 Annual Conference in San Jose. The proposed resolution seeks to require reasonable compensation to Southern California Edison (SCE) customers for losses incurred due to prolonged service disruptions which jeopardize the safety, health and general welfare of the communities within SCE's service area. Among the populations that are most at risk as a result of these outages are: *Customers with physical challenges who rely on a constant source of power for medical devices; *Customers who are senior citizens and are particularly susceptible to injury if power outages persist for long periods of time into evening hours; and *Customers who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. I urge the League to place this matter before the General Assembly for consideration. Please feel free to contact me if you have any questions. Sin; erely, C. Addleman or JCA:hn