HomeMy WebLinkAboutAgenda Packet 1999/05/11
"I declare IInder penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk am1 that I posted
this Agenda/Notice on tha Bulletin Board at
Tuesday, May II, 1999 the PUbIiC-YfJ:ices BUildin::¡,A8,.~on Council Chambers
6:00 p.m. DATED. -~ 5'7 SIGNED . f'·iblic Services Building
(immediately following the City COUlk:il Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act Unless the City
Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss
and deliberate on the following items of business which are permitted by law to be the subject of a
closed session discussion, and which the Council is advised should be discussed in closed session to
best protect the interests of the City. The Council is required by law to return to open session, issue
any reports of final action taken in closed session, and the votes taken. However, due to the typical
length of time taken up by closed sessions, the videotaping will be terminated at this point in order
to save costs so that the Council's return from closed session, reports of final action taken, and
adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded
in the minutes which will be available in the City Clerk's Ofiìce.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Significant exposure to litigatioll pllrsllallt to Govc....mcllt Code Section
54956.9(b)
One case.
. Initiation of litigation pursuant to Government Code Section 54956.9(c)
One case.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Gove....ment Code
Section 54957.6
Agency negotiator: David Rowlands, or designee, for CVEA, WCE, Executive
Management, Mid-Management, and Unrepresented
Employee organization: Chula Vista Employees Association (CVEA) and Western
Council of Engineers (WCE).
Unrepresented employees: Executive Management, Mid-Management, and
Unrepresented.
"I declare under pei\~l~Pø\rjury that' am
employed by tlC ;, of Gil'iiJ Vista in the
May 11, 1999 Office of the City C¡ 0";' an·j that I posted 6:00 p.m.
this Agenda/Notice on the Bulletin Bosl-d ~t
CALL TO ORDER the Publi~ rv' es Building L;9, :;J'~~n
DATED.--" "¿ SIGNEDê7~ ,"
1. ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES of May 4, 1999 (Joint Meeting of the Redevelopment
Agency and City Council).
4. SPECIAL ORDERS OF THE DAY
A. Oath of Office: John McCann - Housing Advisory Commission (At-Large).
B. Presentation of a check in the amount of $5,000 to establish a new scholarship by
Metallic Power to Southwestern College for a science, engineering or technology
student. Jeff Colborn from Metallic Power will present the check to Dr. Sharon
Taylor, Special Assistant to the President of Southwestern College.
CONSENT CALENDAR
(Items 5 through 7)
The staff recommendations regarding the following items listed IIlIder the ('ollselll
Calendar will be enacted by the COllncil by one motioll, withollt disCllssioll, IIlIless
a Councilmember, a member of the Pllblic, or City staff reqllests that the item be
removedfor discussion lfyou wish to speak 011 olle (!l these items, please fill Ollt a
"Request to Speak"form (available in the lohhy) and suhmit it to the ('Ity Clerk
prior to the meeting. Items pulledfrom the Consellt Calelldar will he discllssed after
Action Items. Items pulled by the public will be the first items ofhllsille.I.I.
5. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on May 4, 1999, there were no actions
taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from the MobiJehome Rent Review Commission - Earl D.
Biggers.
Staff recommendation: The resignation be accepted with regret and the City Clerk
be directed to post immediately according to the Maddy Act in the Clerk's OtfIce and
the Public Library.
Agenda
2
May II, 1999
6. ORDINANCE 2779, ADDING SECTIONS 9.16021 THROUGH 9.16.026 TO THE
MUNICIPAL CODE RELATED TO SALES OF PRODUCTS CONTAINING
EPHEDRINE (SECOND READING AND ADOPTION)
The San Diego region has identified a dangerous trend emerging in the production of
methamphetamine. Ephedrine is used as a key precursor chemical in the production of
methamphetamine. Manufacturers of methamphetamine frequently purchase over-the-counter
medications containing ephedrine in large quantities. Due to the significant impact of
methamphetamine use in southern California, the City of San Diego along with other
communities, such as Chino and San Bernardino County, have adopted ordinances to curb
the availability of ephedrine. Adding an effective ordinance to the Municipal Code prevents
the sale of excessive amounts of over-the-counter products containing ephedrine.
Staff recommendation: Council place the ordinance on second reading and adoption. (Chief
of Police)
7. RESOLUTION 19451, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"MAIN STREET IMPROVEMENTS BETWEEN ALBANY A VENUE AND REED
COURT IN THE CITY (STM-333)" PROJECT
On April 21, 1999, sealed bids were received The general scope of the project involves the
reconstruction of the existing pavement and the installation of curb, gutter and sidewalk
improvements along the north side of Main Street between Albany A venue alld Reed Court
in fÌ"ont of the Otay Recreation Center (now under construction).
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ORAL COMMUNICA nONS
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as pllh/ic hearings as
required by law. If you wish to .\peak to any item, please fill 0111 a "Reqllesl 10
Speak" form (available in the lobhy) and sllbmil illo Ihe Cily Clerk prior 10 Ihe
meeting.
8. PUBLIC HEARING PCC-95-47M - REQUEST TO MODIFY AN EXISTING
CONDITIONAL USE PERMIT AS IT PERT AINS TO THE CONDITIONS FOR HOURS
AND LOCATIONS OF ALCOHOLIC BEVERAGES AT THE UNIVERSAL-COORS
AMPHITHEATER - OGDON ENTERTAINMENT, lNC.
A. RESOLUTION 19452, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M, TO
ALTER THE HOURS AND ADD LOCATIONS FOR THE PROVISION OF
ALCOHOLIC BEVERAGES AT COORS AMPHITHEATER
B. RESOLUTION 19453, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M ,FOR
THE PROVISION OF ALCOHOLIC BEVERAGES AT KOBEYS MARKETPLACE
The request is to: (I) ModifY the hours of general alcoholic sales at concert events; (2)
ModifY the hours of alcohol sales in the VIP (Silver Bullet) Lounge; (3) Add an exterior pre-
Agenda
3
May] I, 1999
concert beer garden for alcoholic beverage sales: (4) Allow for the sale of beer at the open
air (Kobey's) market concession stand~ and (5) Allow for private party beer gardens inside
the amphitheater before concerts.
Staff recommendation: Council adopt the resolution (Director of Planning and Building)
9. PUBLIC HEARING TO CONSIDER THE MODIFICATION OF THE EXISTING
TRANSPORTATION DEVELOPMENT IMPACT FEE (CONTINUED FROM MAY 4,
1999)
Staff recommendation: The public hearing be continued to May 18, 1999. (Director of
Public Works)
ACTION ITEMS
The items listed in this section of the afienda are expected to ehcil sllhstalltial
discussions and deliberations by the Council, staff or members of Ihe !J/{M¡c. The
items will be considered individually by the Coullcil, alld sial!' recommelldaliolls
may, in certain cases, be presented in the alternalive. ff you wish 10 speak Oil allY
item, please fill out a "Request to Speak "form (availaMe ill the 10M)) alldsuhmil
it to the City Clerk prior to the meeting.
10. RESOLUTION 19454, APPROVING WAIVER OF CERTAIN ELEMENT OF
COMPETITIVE BIDDING PROCESS AND AWARDING A "NOT TO EXCEED"
CONTRACT FOR CONSULTING, VALIDATION, AND PROJECT MANAGEMENT
SERVICES FOR THE POLICE DEP ARTMENT STRATEGIC PLAN TO THE WARNER
GROUP AND APPROPRIATING $72,0 13 TO THE POLICE DEP ARTMENT BASED ON
UNANTICIPATED REVENUE FROM DEVELOPMENT IMPACT FEES (DIF) (4/5TH'S
VOTE REQUIRED)
As a result of numerous issues related to growth and dynamic changes in policing, the Police
Department is formulating a Strategic Plan to meet near-term and future challenges. On
December 9, 1998, the Police Department formally began the process of formulating ideas
and compiling data for the department's strategic plan. In January 1999, the Police
Department issued a Request for Proposal for Professional Services to all potential
consultants. Seventeen (17) proposals were sent out and two (2) responses were received
After a careful examination and review of the qualifications, experience expense, and the
criteria established by the Selection Committee, staff determined that the Warner Group had
demonstrated competence and qualifications for the services required at a fair and reasonable
cost to the City.
Staff recommendation: Council adopt the resolution (Chief of Police)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
Agenda
4
May 11, 1999
12. MAYOR'S REPORTS
13. COUNCIL COMMENTS
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of May 18, 1999, at
6:00 p.m. in the Council Chambers.
***A Special Meeting of the Redevelopment Agency will be held
immediately following the City Council Meeting. ***
May 6,1999
FROM:
The Honorable Mayor and City Council J"LA
David D. Rowlands, Jr., City Manag~ÞQ~~
City Council Meeting of May 11, 1999
TO:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, May 11, 1999. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions take in Closed Session on 5/4/99, there were no actions
taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT EARL BIGGERS' RESIGNATION FROM THE
MOBILEHOME RENT REVIEW COMMISSION BE ACCEPTED WITH REGRET
AND THE CITY CLERK'S OFFICE BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC
LIBRARY.
DDR:mab
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~~~~
............~-
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
May 5, 1999
From:
The Honorable Mayor and City Council
;/j ¿;
John M. Kaheny, City Attorney ~7(
To:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 5/4/99
The City Council met in Closed Session on 5/4/99 to discuss:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -- Pursuant to Government
Code section 54956.8:
Property:
Approximately 7 acres located on Bonita Road
adjacent to the Chula vista Municipal Golf
Course
Negotiating
Parties:
City of Chula vista (Chris Salomone) and
Diamond Development Company
Under Negotiation: Purchase price/lease rate and other terms and
conditions for possible disposition of City-
owned property.
The Redevelopment Agency met in Closed Session on 5/4/99 to
discuss:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government
Code section 54956.8
Property:
Assessor Parcel Nos. 565-310-09; 565-310-25
(approximately 6.35 acres located at the
northwest corner of 1-5 and E Street)
Negotiating
Parties:
Redevelopment Agency (Chris Salomone) and City
of San Diego
Under Negotiations: Price and terms for disposition
Property:
Approximately 4 acres at the southeast corner
of 1-5 and SR-54
S/J~/
276 FOURTH AVENUE· CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619)
409-5823
,*f'osI~Rlic)œdP_
The Honorable
May 5, :1.999
Page Two
Mayor and city Council
Negotiating
Parties:
city and Redevelopment Agency of Chula vista
(Chris Salomone) and CalTrans
Under Negotiations: Price and terms for disposition/acquisition
Property:
Assessor Parcel No. 562-310-45 (approximately
14.56 acres at the southwest corner of National
City Blvd. and C Street)
Negotiating
Parties:
City and Redevelopment Agency of Chula vista
(Chris Salomone) and Wayne Ansley
Under Negotiations: Price and terms for disposition/acquisition
Property:
Assessor Parcel No. 562-321-06 (approximately
10 acres located at the northeast corner of SR-
54 and National City Blvd.)
Negotiating
Parties:
City and Redevelopment Agency of Chula vista
(Chris Salomone) and Derr Family Trust
Under Negotiations: Price and terms for disposition/acquisition
CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION--
Pursuant to Government Code Section 54956.9(b).
Contemplated use of eminent domain by the City of San Diego
(Metropolitan Waste Water Department or its affiliates) to acquire
Agency owned property.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR--Pursuant to Government
Code Section 54956.8
Property: 340-368 Bay Boulevard (5 parcels totaling 3.65
acres) :
567-022-35 340 Bay Boulevard 1. 02 acres
567-022-17 350 Bay Boulevard 0.65 acres
567-022-31 360 Bay Boulevard 0.73 acres
567-022-33 364 Bay Boulevard 0.63 acres
567-022-28 368 Bay Boulevard 0.62 acres
Negotiating
Parties:
city/Redevelopment Agency (Chris Salomone); San Diego
Unified Port District; B.F. Goodrich
Under Negotiations: purchase/lease terms and conditions
SA~,Z
CITY OF CHULA VISTA
The Honorable Mayor and City Council
May 5, 1999
Page Three
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the
City Attorney participated, that there were no reportable actions
which are required under the Brown Act to be reported.
JMK: 19k
H:\home\lorraine\lt\clossess.no
543
CITY OF CHULA VISTA
677 G St., Sp. 26
Chµla Vis:ta,.CA,i9l9l 0
April 26, 1999
RECEIVED
." NIl ~ A8~7V ~ U ~ iii
.ÙI .. 29 1999 L
CITY OF CHULA VIS, í tL I -
CJTY CLERK'S OFFICI- COUNCil OfFICES I
rH~J ~ \il,¡~, C~
Mayor Shirley Horton
City of Chula Vista
276 4th Ave.
Chula Vista, CA 91910
Dear Mayor Horton:
At the meeting of Mobilehome Rent Review Commission April 21,
1999 it was announced that two of the members of the Commission
would be completing their statutory limit June 30, 1999. Also,
another new replacement was named. As I recall mention was made
that with the naming of so many new members, it would be well
to plan a training session. I surely agree, and I should say
that this would be a good time for me to submit my resignation,
effective as you wish, but no later than June 30, 1999.
In June my tenure will be six years, a span of time which
included some genuine growing pains. As you know, I found it
necessary to take issue with two of the members on basic
principles. I am happy to comment that I believe that my
intercession strengthened the Commission to the point that now I
see it as very fair and effective. I am pleased to have been a
significant part of evolving an ordinance that is much
simplified and generally improved over the original.
Furthermore, I believe I have been not only a faithful advocate
for mobilehome owners but also a sincere participant for
fairness for all.
I am grateful to Mayor Nader for his initial appointment and to
you for renewal of my position two years ago. I feel honored
for the privilege and am happy to say that I enjoyed the
opportunity.
You have been mayor during the most significant part of the
Commission and know well its needs in appointing someone to
replace me in the ex-officio status. However, I would like to
commend Edmund "Pat" LaPierre. I know of no one who is more
knowledgeable on mobilehome matters and also able to provide
enlightened advocacy.
Let me reiterate my resignation is compatible with your choice
but no later than June 30, 1999.
~ectful1Y y~urs,
~jlð ~ c)t/I/~
Earl D. Bigge<fS V
CC:
Copy to: Community Development
~~(J) Ð:-' ~C/
WRi1'TEN C'O¡Å¡~~d~~itA ilONS
¡;In -0///
De31?e:¡
AN ORDINANCE OF THE CITY OF CHULA VISTA AD
SECTIONS 9.16.021 THROUGH 9.16.026 TO THE
VISTA MUNICIPAL CODE RELATED TO
PRODUCTS CONTAINING EPHEDRINE.
(Attachment A)
(-.."'O~
f«'
,r-
ORDINANCE NO. c2 779
The City Council of the City ofChula Vista
SECTION I: That Sections 9.16.021 through 9.16.026 are hereby added to Chapter 9.16 of the
Chula Vista Municipal Code.
9.16.021
Purpose.
The City Council for the City of Chula Vista finds and declares that:
(a) In addition to its legal uses, ephedrine is used in the illegal manufacture of
methamphetamine, and illicit drug manufacturers extract ephedrine from various
over-the-counter products containing as an ingredient ephedrine or pseudoephedrine.
,-
(b) Southern California generally and San Diego County specifically have become known
to narcotics officers and drug enforcement agencies for their high incidence of illicit
manufacture, sale and use of methamphetamine.
(c) There is a current and immediate threat to the public health, safety and welfare in that
the manufacture, processing, transportation, possession and sales of illicit narcotics
and drugs are inherently dangerous. The chemicals, compounds, substances,
byproducts, and wastes associated with the manufacture of illicit narcotics and drugs
are both dangerous and injurious to health, welfare and safety of the citizens of the
City of Chula Vista.
(d) There has been an increase in the sales, thefts and possession of over-the-counter
products that contain as an ingredient ephedrine, pseudoephedrine, ephedrine
hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate, as well as
other products associated with the manufacture of methamphetamine.
.----
(e) The reasonable limitations found in this section pertaining to the quantity of products
containing ephedrine which may be sold to or purchased by a customer within a 24
hour period will assist the City of Chula Vista in its efforts to combat the insidious
criminal methods of illegal methamphetamine manufacturers. However, these
limitations will not unduly restrict legitimate businesses or customers from selling or
buying these products for legal purposes.
p5 ¿;//
Ordinance
-
Page 2
9.16.022
Def"mitions.
For purposes of this section, the below tenns are defmed as follows:
(a) "Count" means the number of pills, tablets, capsules or individual units of a substance
contained within an individual package.
(b) "Customer" means any person who purchases or acquires products ITom any retail
store.
(c) "Ephedrine" means any drug, substance or compound, whether legal or illegal, that
contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine
hydrochloride, or pseudoephedrine sulfate.
(d) "Package" means any bottle, box, blister pack or other container in which products
containing ephedrine are sold.
(e) "Person" has the same meaning as found in Chula Vista Municipal Code Section
1.04.010.
(f) "Retail Store" means any single geographic location of any business, company,
corporation, person, employee or associate that sells products to any customer. It
does not include any wholesaler engaged in a wholesale transaction.
(g) "Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute,
or supply, whether or not for monetary gain or other consideration.
(h) "Wholesaler" means one whose business is the selling of goods in gross to retail
stores for purposes of resale.
9.16.023 Limitations on the Sale or Purchase of Ephedrine Products.
(a) Make it unlawful for any person during a single transaction to sell to a customer more
than three packages of products containing ephedrine.
(b) Make it unlawful for any person within a 24-hour period to knowingly sell to a
customer more than three packages of products containing ephedrine.
(c) Make it unlawful for any person during a single transaction to sell to a customer
products containing ephedrine where the total count exceeds 100.
(d) Make it unlawful for any person within a 24-hour period to knowingly sell to a
customer products containing ephedrine where the total count exceeds 100.
~ ¿;"-c2
Ordinance
Page 3
(e) Make it unlawful for any customer within a 24-hour period to purchase or acquire
more than three packages of products containing ephedrine.
(f) Make it unlawful for any customer within a 24-hour period to purchase or acquire
products containing ephedrine where the total count exceeds 100.
9.16.024 Separate Violation for Each Incident.
Each incident in violation of Section 9.16.023(a) through 9.16.023(f) shall constitute a
separate offense.
9.16.025
Enforcement Procedure.
Upon any violation of Section 9.16.023(a) through 9.16.023(f), a Peace Officer may issue
a citation to any person or customer. If cited the person or customer shall appear in court as
directed in the citation.
9.16.026
Penalties.
Violations of Section 9.16.023(a) through 9.16.023(f) shall be punished in accordance
with Chapter 1.20 of the Chula Vista Municipal Code.
SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day
after its second reading and adoption.
SECTION Ill: Severability. If any sections, subsection, sentence, clause, phrase or portion of
this ordinance is held invalid or unconstitutional for any reason by any court or competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions.
Presented by:
Approved as to form by:
ilw2--
Richard P. Emerson
Chief of Police
John M. Kaheny
City Attorney
.~ k-/1
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
Meeting Date 5/11/99
Resolution 19'/5Lcepting bids and awarding contract for the "Main
Street Improvements between Albany Avenue and Reed Court in the City
ofChula Vista (STM-333)" Pro·ect.
/'
SUBMITTED BY:
Director of Public Works
REVIEWED BY: City Mana~ ~ ---.- (4/5ths Vote: Yes_NoX)
At 2:00 p.m. on April 21, 1999 in Conference Room 3, the Director of Public Works received sealed
bids for the "Main Street Improvements between Albany Avenue and Reed Court in the City of
Chula Vista (STM-333)" Project. The general scope of the project involves the reconstruction of
the existing pavement and the installation of curb, gutter and sidewalk improvements along the north
side of Main Street between Albany A venue and Reed Court, in front of the Otay Recreation Center
(now under construction), in the City of Chula Vista.
RECOMMENDATION: That Council accept bids and award the contract for the "Main Street
Improvements between Albany Avenue and Reed Court in the City of Chula Vista (STM-333)
Project" to Star Paving Corporation of San Diego, California, for $68,480.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Included in the Fiscal Year 1998-99 CIP budget is a project for the construction of street
improvements in conjunction with the Otay Recreation Center. The street improvements include
installation of curb, gutter, sidewalk, asphalt concrete pavement, striping and street lighting in front
of the new Otay Recreation Center on Main Street. The CIP project for installation of the traffic
signal at Main Street and Albany Avenue is scheduled to be advertised in June.
Engineering staff prepared plans and specifications, advertised the project, and received bids on
April 21, 1999. Bids were received from seven contractors as follows:
CONTRACTORS BID AMOUNT
I Star Paving Corporation, San Diego, CA $68,480.00
2 Gypsy Queen, Inc., National City, CA $83,920.00
3 Jimenez Inc., Chula Vista, CA $91,160.00
4 Single Eagle, Inc., Poway, CA $92,667.00
5 Scheidel Contracting, El Cajon, CA $93,885.00
6 Marquez Constructors, Inc., Spring Valley, CA $97,343.75
7 Foss Environmental Services, San Diego, CA $99,500.00
Staff received excellent bids for the proposed project. The low bid for this project by Star Paving
Corp., San Diego is below the Engineer's estimate of $88,245.00 by $19,765.00 or 22.4%. The
Engineer's estimate was based on bids received for similar projects by the City.
7-)
Page 2, Item
Meeting Date 5/11/99
The contractor, Star Paving Corp. has recently completed other projects for the City: Minor
Enhancements, Fifth Avenue/'C' Street, Second Avenue/Cypress Street and Kearney
StreetJRiverlawn Avenue (FY 96-97) Program and Delineator Removal, Phase III at Fourth
Avenue/'E' Street and along Otay Lakes Road near Bonita Vista Middle School (FY 98-99)
Program. In addition, the contractor has done work for the City of San Diego and the County of San
Diego and both agencies have found the contractor's work to be satisfactory. We have also verified
the contractor's license and qualifications and determined that they are in good order. The
contractor has satisfactorily met all the bidding requirements. We therefore recommend awarding
the contract to Star Paving Corp., San Diego.
Prevailing Wage Statement
The source of funding for this project is the Transportation Sales Tax Fund. Based on the current
project funding guidelines, no prevailing wage requirements were necessary as part of the bid
documents. No special minority or women owned business requirements were necessary as part of
the bid documents. Disadvantaged bosinesses were encouraged to bid through the sending of the
Notice to Contractors to various trade publications.
Environmental Status
The City's Environmenta] Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section ]5302, Class 2 of the California Environmental
Quality Act (CEQA).
Disclosure Statement
A copy of the contractor's disclosure statement is attached as Attachment A.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $68,480.00
B. Contingencies (10%) $ 6,850.00
C. Staff Cost (Design & Inspection) $10,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $85,330.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. 603-6030-STM-333 (Transportation Sales Tax Funds) $85,330.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $85,330.00
Funding for this project was budgeted in the FY 98-99 CIP budget. The project as budgeted will
utilize Transportation Sales Tax Funds. Upon completion of the project, only routine City
maintenance (mainly street sweeping) will be required.
Attachment: Exhibit A - Contractor's Disclosure Statement
Fi]e: 0735-] 0-STM-333
H:\HOME\ENGINEER\AGENDA ISTM333.BYH
7~;L
RESOLUTION NO.
/9LjÇ}
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "MAIN STREET IMPROVEMENTS
BETWEEN ALBANY AVENUE AND REED COURT IN THE
CITY OF CHULA VISTA (STM-333)" PROJECT
WHEREAS, at 2:00 p.m. on April 21,1999 in Conference
Room 3, the Director of Public Works received the following seven
sealed bids for the "Main Street Improvements between Albany Avenue
and Reed Court in the City of Chula vista (STM-333)" Project:
CONTRACTORS BID AMOUNT
1 Star Paving Corporation, San Diego, CA $68,480.00
2 Gypsy Queen, Inc" National City, CA $83,920.00
3 Jimenez Inc" Chula vista, CA $91,160.00
4 Single Eagle, Inc" Poway, CA $92,667.00
5 Scheidel Contracting, E1 Cajon, CA $93,885.00
6 Marquez Constructors, Inc" Spring Valley, CA $97,343.75
7 Foss Environmental Services, San Diego, CA $99,500.00
WHEREAS, staff received excellent bids for the proposed
project and the low bid for this project by Star Paving Corp., San
Diego is below the Engineer's estimate of $88,245.00 by $19,765.00
or 22. 4 %; and
WHEREAS, the contractor has satisfactorily met all the
bidding requirements and staff, therefore, recommends awarding the
contract to Star Paving Corp., San Diego; and
WHEREAS, the source of funding for this project is the
Transportation Sales Tax Fund and based on the current project
funding guidelines, no prevailing wage requirements were necessary
as part of the bid documents; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various trade publications; and
WHEREAS, the city's Environmental Coordinator has
reviewed the work involved in this project and determined that the
1
7-;J
- --..--.----.-----.-
project is exempt under section 15302, Class 2 of the California
Environmental Quality Act (CEQA)
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award the contract
for the "Main Street Improvements between Albany Avenue and Reed
court in the city of Chula vista (STM-333)" Project to Star Paving
Corporation of San Diego, California, in the amount of $68,480.00.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
À
Kaheny,
H:\home\attorney\reso\stm333.bid
2
7-,/
.----...-....-------....
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters
bich will require discretionary action on the part of the City Council. Planning Commission. and all other official bodies. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner,
applicant, Contractor, subcontractor, material supplier.
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2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of
the shares in the corporation or owning any partnership interest in the partnership.
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3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the
non-profit organization or as trustee or beneficiary or trustor of the trust.
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4. Have you had more than $250 worth of business transacted with any member of the City staff, Boar~ Commissions, Committees, and
Council within the past twelve month? Yes _ Noð-If yes, please indicate person(s): 1"1 A
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned
to represent you before the City in this matter.
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6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding
election period? Yes _ No ]{ If yes, state which Council members(s):
Date:
() 'lztJ /9'1
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Signature of C . tractor! Applicant
...J11M:.llWinr9 ,Inc //J ...:l9~J.5 &£5
Print or type name of Contractor! Applicant
* * * (NOTE: Attached additional pages as
. i!mJl!J is d4jiMd QS: "Any individual. firm. co-partnership, joint ventUre, association, social club, fraJernaI organization, corporation. estate, tTUS!. receiver, syndiCalt, this and
any other county, city or country, city municipaJiry, district. or other political subdivision. or œry other group or combillarion :cting as a unit.
17 7-3
COUNCIL AGENDA STATEMENT
Item
Meeting Date 5 / II / 99
g/
ITEM TITLE: Public Hearing: PCC-95-47M - Request to modify an existing
conditional use permit (PCC-95-47) as it pertains to the conditions for
hours and locations of alcoholic beverages at the Universal-Coors
Amphitheater - Ogden Entertainment, Inc.
/? Resolution J9'1.5:,?,f the City Council of Chula Vista modifying
Conditional Use Permit PCC-95-47M to alter the hours and add locations
for the provision of alcoholic beverages at the Coors Amphitheater.
8. Resolution J (PI.t'3 of the City Council of Chula Vista modifying
Conditional Use Permit PCC-95-47M for the provision of alcoholic
beverages at Kobeys Marketplace.
SUBMITTED BY: Director of Planning and ~^g-f
REVIEWED BY: City Manag~ ~ ~\ (4/5ths Vote: Yes_No_)
The request is to: 1) modify the hours of gWral a~ol provision at concert events; 2) modify
the hours of alcohol provision in the VIP (Silver Bullet) Lounge; 3) add an exterior pre-concert
beer garden for alcoholic beverages; 4) allow for the provision of alcohol at the open-air
(Kobeys) market concession stand; and 5) allow for private party beer gardens inside the
amphitheater before concerts.
The Environmental Review Coordinator has determined that the proposed modification is a
Class 5 exemption from environmental review.
RECOMMENDATION:
That the City Council approve the following request:
1. MODIFY THE HOURS OF GENERAL ALCOHOL PROVISION AT CONCERT EVENTS;
2. MODIFY THE HOURS OF ALCOHOL PROVISION IN THE VIP (SILVER BULLET) LOUNGE:
3. ADD AN EXTERIOR PRE-CONCERT BEER GARDEN FOR ALCOHOLIC BEVERAGES;
4. ALLOW FOR THE PROVISION OF ALCOHOL AT THE OPEN-AIR (KOBEYS) MARKETPLACE:
5. ALLOW FOR PRIVATE PARTY BEER GARDENS INSIDE THE AMPHITHEATER BEFORE CONCERTS;
and approve the resolution modifying Conditional Use Permit, PCC-95-47M, in accordance
with the findings and subject to the conditions.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission
considered this proposal on March 31" and continued the public hearing to April 14th, where
they voted 4-3 to approve a resolution recommending that the City Council approve the
modification of the Conditional Use Permit in accordance with the draft City Council
Resolutions No./9¥5.2and No. l't'/5"3
g>/
Page 2, Item No:
Meeting Date: 5 / 11 / 99
DISCUSSION:
Background:
Coors Amphitheater and Kobey's Open-Air Marketplace were approved by the City Council
with conditions under Resolutions 18059 and 18060, respectively, as part of Conditional Use
Permit PCC-95-47. The condition which applies to alcohol sales is found in Resolution 18059
(Coors). There was no provision for alcohol sales within Resolution 18060 (Kobeys). The
current alcohol-related condition VII-M states the following:
"All on-premise alcohol sales shall be suspended for the remainder of each and
every event one hour after the commencement of the last headline act's
performance at such event. No more than two alcoholic drinks shall be sold to
anyone adult in a single transaction. "
The applicant's request is to modify this single condition related to the provision of alcoholic
beverages. The proposed modifications are as follows:
1. MODIFY THE HOURS OF GENERAL ALCOHOL PROVISION AT CONCERT EVENTS:
Analvsis:
The request is for the provision of alcoholic beverages to be suspended one hour prior to
the end of each concert, instead of one hour after the headline act's commencement.
Although this will increase the time alcoholic beverages are available, a one-hour standard
would simplify enforcement of this regulation and eliminate the possible confusion caused
by referencing the headline act.
Also, the standardization to one hour can be connected to the performance end times as
designated in condition VII-J of the original Resolution 18059. This condition states in part
that:
"Performances shall end by no later than 11:00 p.m. Sunday through Thursday,
11:30 p.m. Fridays and Saturdays."
Recommended conditions state that no alcoholic beverages be provided after 10:00 p.m.
Sunday through Thursday, and 10:30 p.m. Fridays and Saturdays, regardless of the
performance end time.
Plannim.! Commission:
There were no objections raised to this specific modification by the Planning Commission.
However, one Planning Commissioner (Tarantino) was opposed to making any changes to
the existing alcohol conditions. As an educator working with youth, he is philosophically
opposed to granting any modifications that would encourage or increase the provision of
alcoholic beverages at Coors Amphitheater.
~',2..
Page 3, Item No:
Meeting Date: 5 { 11 { 99
2. MODIFY THE HOURS OF ALCOHOL PROVISION IN THE VIP (SILVER BULLET) LOUNGE:
Analvsis:
Another request is to allow for the provision of alcoholic beverages for an hour after the
end of each concert event in the VIP Lounge, as an exception to the normal standard for
patrons of the Coors Amphitheater.
The VIP Lounge is a bar or tavern-like atmosphere that must include the provision of food
and soft drinks, in compliance with the ABC restaurant-type license 47. A type 47 license
authorizes the sale of beer, wine, and distilled spirits for on-site consumption within the
confines of a bona fide eating place, where actual and substantial provisions of meals are
provided during operating hours.
The applicant states that the intent of extending the hours in the lounge is to encourage the
VIPs to remain after concerts end to alleviate some of the traffic congestion caused by the
mass exodus at the end of the show.
A recommended condition is that an additional hour of soft drink and/or food be provided
to VIP Lounge patrons. This condition would encourage patrons to remain another hour
after alcohol provisions cease before driving home, consistent with the standard to suspend
alcoholic beverage provisions one hour prior to the scheduled concert end times in all other
areas of the amphitheater.
Another recommended condition is for this post-concert area to be monitored by two off-
duty police officers or one off-duty police officer and one trained staff-pro security person
to control access and monitor activity in the VIP Lounge. The security provisions may be
enhanced or reduced to the satisfaction of the Police Chief.
Planning Commission:
The Planning Commission had some concerns as to whether minors should be allowed in
the VIP (Silver Bullet) Lounge. There was significant discussion about the type of
environment or ambience the VIP Lounge would possess. If the VIP Lounge was like a
bar or tavern, minors should not be a part of that environment.
At least two Planning Commissioners (Castenada, Thomas) felt it would be better not to
allow minors in the lounge, if possible.
However, the Planning Commissioners' determined that since many VIP box-holders and
guest would be attending the concerts with their children, it would be difficult to attempt to
separate the parents and/or guardians from the underage concert patrons.
As a result, the majority felt it would be acceptable to allow minors, if accompanied by a
parent or guardian, into the VIP Lounge.
3"')
Page 4, Item No:
Meeting Date: 5 / II / 99
3. ADD AN EXTERIOR PRE-CONCERT BEER GARDEN FOR ALCOHOLIC BEVERAGES:
Analvsis:
The request is to add a temporary outdoor patio on the sidewalk in front of the main
entrance that would provide alcoholic beverages for up to three hours before a concert
event, and close at the start of each concert. A duplicate type 47 license from Alcoholic
Beverage Control (ABC) would be required to open such a facility outside the gates/walls
of the amphitheater.
A possible effect of an exterior beer garden could be a reduction in alcoholic beverage
consumption that occurs in the parking lots by "tailgaters." Tailgaters are allowed to bring
their own food and soft-drink beverages for barbecue and/or picnic activity before concert
events, but not alcoholic beverages.
Recommended conditions are that the exterior pre-concert beer garden be monitored by two
off-duty police officers or one off-duty police officer and one trained staff-pro security
person to control access and monitor activity. An on-duty police officer shall also be
assigned to monitor activity around the beer garden before concerts. The security
provisions may be enhanced or reduced to the satisfaction of the Police Chief.
An exhibit is attached to the application showing the exact location and design of the pre-
concert exterior beer garden.
Planning Commission:
The Planning Commission had some concerns as to the need for an exterior beer garden
and with the number of hours the beer garden may be open. They also wondered what if
any effect there would be on tailgating.
Specifically, one Commissioner (Ray) does not agree that an exterior beer garden would
reduce the number of tailgaters bringing their own alcoholic beverages. The Commissioner
expressed a desire to eliminate the restriction that does not allow open-containers of alcohol
in parking lots where tailgating is allowed. The Commissioner did not find justification in
granting an exclusive permit to the applicant to sell alcoholic beverages outside the
amphitheater if tailgating with alcohol is not allowed.
The other concern is with the number of hours that the beer garden would be open before
concerts. One Commissioner (Castenada) felt that three hours is excessive. Other
Commissioners shared this concern, and as a result, the recommended condition was
amended.
The recommended condition requires that a police report be provided to the Commission in
three months detailing any adverse effects related to the three-hour allowance and in
general any problems associated with the pre-concert exterior beer garden. The hours
could then be either reduced and/or the beer garden provisions may be revoked.
F5~Y
Page 5, Item No:
Meeting Date: 5 / 11 / 99
4. ALLOW FOR THE PROVISION OF ALCOHOL AT THE OPEN-AIR (KOBEYS) MARKETPLACE:
Analvsis:
The request is to allow alcoholic beverages at Kobey's Marketplace on Saturdays and
Sundays, from 10:00 a.m. to one hour prior to closing. The original resolution allows the
swap meet to operate from 7 a.m. to 4 p.m. on weekends. A separate modifying resolution
is provided to allow alcoholic beverages at the swap meet.
The concession area would be open to minors to purchase food and soft drinks, but persons
furnish with alcoholic beverages would have to consume these items in a beer garden set-up
similar to the pre-concert beer garden. No other locations would be allowed to provide
alcoholic beverages at the Kobey's Marketplace.
Recommended conditions require private security to control access and monitor activity.
The security provisions may be enhanced or reduced to the satisfaction of the Police Chief.
Planning Commission:
One Planning Commissioner (Thomas) had concerns as to why the beer garden at the swap
meet would omy need private security instead of off-duty police. The Police Department
response was that the sale of alcohol at the swap meet is considered to be omy a minor or
incidental aspect of the concession stand.
As a result, it was suggested by another Planning Commissioner (Castenada) that this area
be renamed from an "exterior beer garden" at Kobey's Marketplace to a "concession
stand/snack bar." The language in the recommended conditions now reflects this change.
5. ALLOW FOR PRIVATE PARTY BEER GARDENS INSIDE THE AMPHITHEATER BEFORE
CONCERTS:
Analvsis:
Occasionally, Coors Amphitheater may wish to allow temporary, promotional beer gardens
up to three hours before concert events. In addition, outside beer vendors may receive
permission to set up private beer gardens at the amphitheater.
Such requests may be acceptable to the City if located within the walls/gates of the
amphitheater. These interior beer gardens would be exclusively for box-holders, VIP's, or
private organizations that would be allowed to enter the amphitheater before the gates are
open to the general public. These beer gardens would be allowed to open three hours
before concert events commence before closing, consistent with the recommended
conditions for the exterior pre-concert beer garden.
Planning Commission:
The Planning Commission had the same concerns here as with the exterior pre-concert beer
garden, as to whether the number of hours the beer gardens may be open would be
appropriate, and if there would be any effect on tailgating.
?--y
Page 6, Item No:
Meeting Date: 5 /11/ 99
The Planning Commission requested that the recommended conditions require a police
report be provided in three months detailing any adverse effects related to a three-hour
allowance and in general any problems associated with the private party beer gardens. The
hours could then be either reduced and/or the beer garden provisions may be revoked.
FISCAL IMPACT: Negligible since the additional proVISIOns may generate only nominal
sales tax revenue due to increased alcohol sales. Fiscal impacts related to the enforcement of
additional conditions and regulations, such as the need for on and off-duty police officers,
private security, etc. will be borne by the applicant (concessionaire and/or amphitheater
operator). The City of Chula Vista will be indemnified and held harmless from and against
any and all damages, liabilities, claims, and costs by agreement, as a condition of approval.
Attachments
1. Planning Commission Minutes and Resoiution PCC-95-47M
2. Locator Map
3. Site Pian
4. Conditional Use Permit Application
5. Disclosure Statement
H:IHOMEIPLANN INGIHAROLDlCCrep-95-47M.doc
Jr'¡'
RESOLUTION NO. J; ;I~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, MODIFYING
CONDITIONAL USE PERMIT PCC-95-47M, TO ALTER HOURS AND ADD LOCATIONS
FOR THE PROVISION OF ALCOHOLIC BEVERAGES AT COORS AMPHITHEATER.
I. RECITALS
A. Project Site
WHEREAS, the property which is for purpose of general description herein consists
of 72.5 acres of land located at the southwest quadrant of Otay Valley Road and Otay Rio
Road ("Project Site"); and
B. Project Applicant
WHEREAS, A conditional use permit for the Coors Amphitheater was approved on
November 7, 1995; and on December 24, 1998 a duly verified application to modify the
conditional use permit was filed with the Chula Vista Planning Department by Ogden
Entertainment, Inc. ("Applicant"), exclusive concessionaire for the Coors Amphitheater; and
C. Project Description; Modification of Conditional Use Permit (PCC-95-47M);
WHEREAS, Applicant requests permission to alter the hours and add locations for
the provision of alcoholic beverages at Coors Amphitheater; and
WHEREAS, the Environmental Review Coordinator has concluded that the
modification is a Class 5 Categorical Exemption from environmental review pursuant to the
California Environmental Quality Act; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on March
31, 1999 that was continued to April 14, 1999, and
WHEREAS, the Planning Commission voted 4 - 3 to recommend that the City
Council approve the modification of Conditional Use Permit PCC-95-47M in accordance with
Planning Commission Resolution PCC-95-47M and subject to the findings and conditions of
the City Council Resolution; and
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the modification was held
before the City Council on May 11, 1999 to receive the recommendation of the Planning
Commission, and to hear public testimony with regard to same; and
WHEREAS, at said public hearings the City Council evaluated the Conditional Use
Permit application and public testimony for the modification.
Y~'I
Item No. _' Page 2
Meeting Date: 5/11/99
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the modification introduced before the Planning
Commission at their public hearing on this project held on March 31st and April 14'h 1999,
and the minutes and resolution resulting therefrom, are hereby incorporated into the record
of this proceeding.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required
by the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The proposal to suspend the provision of alcoholic beverages one hour prior to
concert end times will eliminate the possible confusion caused by referencing the
headline act, and simplify the enforcement of regulations. In addition, the exterior
beer garden and private interior beer gardens will be limited to providing alcoholic
beverages three hours before concert events. As well, the provision of alcoholic
beverages one hour after concert events in the VIP (Silver Bullet) Lounge may
encourage those patrons to remain after concert events, and the VIP Lounge must
remain open an additional hour to provide soft drinks and/or food.
B. That such use will not under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The proposed modifications will not have negative impacts in that alcoholic beverage
provisions will be suspended one hour prior to concert end times, or no later than 10
p.m. Sunday through Thursday, 10:30 p.m. Fridays and Saturdays. In addition,
requiring the VIP (Silver Bullet) Lounge to remain open another hour after alcohol
provisions are suspended is consistent with the intent of terminating alcoholic
beverage provisions one hour before patrons are encouraged to leave the premises.
Also, the pre-concert exterior beer garden and the VIP Lounge will be monitored by
on and off-duty police.
C. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
Conditional Use Permit PCC-95-47M is conditioned to require the permittee and
property owner to fulfill conditions and to comply with all the applicable regulations
and standards specified in the Municipal Code for such use.
?/1--~
Item No. _' Page 3
Meeting Date: 5/11/99
D. That the granting of this conditional use permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of PCC-95-47M will not adversely affect the Chula Vista General Plan
nor the plans or policies of neighboring jurisdictions in that: 1) Said modification will
comply with all applicable standards as required in the original conditional use
permit; 2) surrounding land uses are compatible with the proposed modification; and
3) said proposal also conforms with the General Plan in that this conditional use
permit has been properly executed and duly adopted.
IV. TERMS OF GRANT OF PERMIT
The following conditions shall amend and restate in its entirety Condition VII-M of
Resolution 18059, which pertains to the furnishing of alcoholic beverages at the Coors
Amphitheater:
M. Alcoholic Beverages
General Provisions:
M-1. The furnishing of alcoholic beverages shall be suspended one hour prior to the
scheduled end of concert events, or one hour prior to the designated
performance end times of 11 :00 p.m. Sundays through Thursday, and 11 :30 p.m.
Fridays and Saturdays, whichever is earlier. No alcoholic beverages shall be
provided after 10:00 p.m. on Sundays through Thursday and 10:30 p.m. on
Fridays and Saturdays. No more than two alcoholic drinks shall be provided to
anyone adult in a single transaction.
The VIP (Silver Bullet) Lounqe:
M-2. The VIP Lounge, or "Silver Bullet Lounge," may provide alcoholic beverages for
up to one hour after the end of concert events; however, the VIP Lounge must
remain open one additional hour after the furnishing of alcoholic beverages are
suspended to provide non-alcoholic beverages and/or food to patrons.
M-3. The VIP Lounge shall be restricted to persons age 21 and over, unless
accompanied by a parent or legal guardian. In addition, no person may leave the
VIP Lounge with an alcoholic beverage after the furnishing of alcoholic
beverages are suspended pursuant to M-1. Two off-duty police officers or one
off-duty police officer and one staff-pro A32 shall monitor access and activity.
These security provisions may be enhanced or reduced to the satisfaction of the
Police Chief. The concessionaire and/or the amphitheater operator shall
compensate all security staffing in accordance with the agreement to be provided
with the approval of this permit.
The Exterior Beer Garden:
M-4. The beer garden located outside the walls/gates of amphitheater shall be
confined to the area shown on the exhibits provided (PCC 95-47M, filed
12/24/98). The exterior beer garden shall be the only area permitted to provide
g/l-J
Item No. _' Page 4
Meeting Date: 5/11/99
alcoholic beverages outside the walls/gates of the amphitheater. In addition, a
duplicate type 47 ABC license shall be required for this area.
M-5. As shown on the exhibits (PCC 9547M, filed 12/24/98), the design of the exterior
beer garden shall consist of solid temporary fencing 40 inches high, with a single
controlled access point. The sidewalk shall not be obstructed from allowing
continuous pedestrian circulation. The consumption of alcoholic beverages shall
be restricted to the same designated area. No persons may leave the area with
an alcoholic beverage.
M-6. The exterior beer garden area may open up to three hours before a concert
event, or two hours before the gates open, but shall be required to suspend
operations when concert performances begin. A police report shall be provided
to the Planning Commission regarding any adverse effects due to the hours of
operation within three months of the approval of the permit. If any adverse
effects are noted, the Planning Commission may reduce the hours or revoke the
provision for an exterior beer garden.
M-7. The exterior beer garden area shall be restricted to persons age 21 and over.
Two off-duty police officers or one off-duty police officer and one staff-pro A32
shall monitor access and activity. An on-duty police officer shall also be
assigned to monitor activity around the exterior beer garden before concert
events. These security provisions may be enhanced or reduced to the
satisfaction of the Police Chief. The concessionaire and/or the amphitheater
operator shall compensate all security staffing in accordance with the agreement
to be provided with the approval of this permit.
I nterior Beer Gardens:
M-8. Additional temporary or promotional private beer garden areas may only be
erected if located inside the walls/gates of the amphitheater. Interior beer
gardens are only allowed for private parties or special invitation, and may open
up to three hours before a concert event, or two hours before the gates open, but
shall be required to suspend operations when concert performances begin. A
police report shall be provided to the Planning Commission regarding any
adverse effects due to the hours of operation within three months of the approval
of the permit. If any adverse effects are noted, the Planning Commission may
reduce the hours or revoke the provision for the interior private beer gardens.
V. GENERAL CONDITIONS:
A. Except as expressly modified herein, all other terms and conditions of the original
conditional use permit shall remain in full force and effect. All modifications to
the original conditional use permit are contingent upon the applicant obtaining all
appropriate licenses and permits.
B. The effectiveness of this modified conditional use permit is contingent upon
applicant entering into an agreement with the City, in a form approved by the City
Attorney, whereby the Applicant shall agree to:
?-4 ;:/
Item No. _, Page 5
Meeting Date: 5/11/99
1) Indemnify and hold the City harmless from and against any and all damages,
liabilities, claims and cost arising directly or indirectly from Applicant or third
party conduct at or around the facility in connection with Applicant sponsored
events; and
2) Name the City as an additional insured on any policies of insurance intended
to insure Applicant against such damages, liabilities, claims, and costs.
'15/1 ~5
Item No. _' Page 6
Meeting Date: 5/11/99
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants shall execute this document by signing the
lines provided, said execution indicating that the property owner and applicant have each
read, understand and agree to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole of
expense of the property owner and/or applicants, and a signed, stamped copy returned to
the Planning Department. Failure to return a signed and stamped copy of this recorded
document within thirty days or recordation to the Planning Department shall indicate the
property owner's/applicants' desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
---------------------------------------------------------------------------------
------------------------
Signature of Property Owner
Date
---------------------------------------------------------------------------------
------------------------
Signature of Representative of Coors Amphitheater
Date
---------------------------------------------------------------------------------
------------------------
Signature of Representative of Ogden Entertainment, Inc.
Date
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the
permit shall be deemed to be automatically revoked and of no further force and effect ab
initio.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
----------------------------------------------
John M. Kaheny
City Attorney
?4/Þ
Item No. _, Page 7
Meeting Date: 5/11/99
PASSED APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of , 1999, by the following vote:
AYES:
Councilmembers:
NOES:
ABSENT:
ABSTAIN:
Council members:
Councilmembers:
Councilmembers:
--------------------------------------------
Shirley Horton, Mayor
ATTEST:
----------------------------------------------
Susan Bigelow, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the _ day of
,1999.
Executed this _ day of
,1999
----------------------------------------------
Susan Bigelow, City Clerk
H:IHOMEIPLANNINGIHAROLDlCCRES-95-47Mb.doc
g4~?
RESOLUTION NO.
J9J/SY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, MODIFYING
CONDITIONAL USE PERMIT PCC-95-47M, FOR THE PROVISION OF ALCOHOLIC
BEVERAGES AT KOBEYS MARKETPLACE.
I. RECITALS
A. Project Site
WHEREAS, the property which is for purpose of general description herein consists
of 72.5 acres of land located at the southwest quadrant of Otay Valley Road and Otay Rio
Road ("Project Site"); and
B. Project Applicant
WHEREAS, A conditional use permit for the Kobeys Marketplace was approved on
November 7, 1995; and on December 24, 1998 a duly verified application to modify the
conditional use permit was filed with the Chula Vista Planning Department by Ogden
Entertainment, Inc. ("Applicant"), exclusive concessionaire for Kobeys Marketplace; and
C. Project Description; Modification of Conditional Use Permit (PCC-95-47M);
WHEREAS, Applicant requests permission for the provision of alcoholic beverages
at Kobeys Marketplace; and
WHEREAS, the Environmental Review Coordinator has concluded that the
modification is a Class 5 Categorical Exemption from environmental review pursuant to the
California Environmental Quality Act; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on March
31, 1999 that was continued to April 14, 1999, and
WHEREAS, the Planning Commission voted 4 - 3 to recommend that the City
Council approve the modification of Conditional Use Permit PCC-95-47M in accordance with
Planning Commission Resolution PCC-95-47M and subject to the findings and conditions of
the City Council Resolution; and
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the modification was held
before the City Council on May 11, 1999 to receive the recommendation of the Planning
Commission, and to hear public testimony with regard to same; and
WHEREAS, at said public hearings the City Council evaluated the Conditional Use
Permit application and public testimony for the modification.
O"p -' /
Item No. _' Page 2
Meeting Date: 5111/99
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the modification introduced before the Planning
Commission at their public hearing on this project held on March 31st and April 14th 1999,
and the minutes and resolution resulting therefrom, are hereby incorporated into the record
of this proceeding.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required
by the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The provision of alcohoiic beverages may be desirable in that it may increase
interest and attendance at the open-air market. The provision of alcoholic beverages
shall be limited to the hours of 10 a.m. to one hour prior to the closing of the open-air
market on Saturdays and Sundays.
B. That such use will not under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or' working in the vicinity or
injurious to property or improvements in the vicinity.
The open-air market concession stand/snack bar may only provide alcoholic
beverages up to 3 p.m. on Saturdays and Sundays, consistent with conditions that
require the open-air market to close at 4 p.m. Private security or off-duty police will
monitor the open-air market concession stand/snack bar.
C. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
Conditional Use Permit PCC-95-47M is conditioned to require the permittee and
property owner to fulfill conditions and to comply with all the applicable reguiations
and standards specified in the Municipal Code for such use.
D. That the granting of this conditional use permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of PCC-95-47M will not adversely affect the Chula Vista General Plan
nor the plans or policies of neighboring jurisdictions in that: 1) Said modification will
comply with all applicable standards as required in the original conditional use
permit; 2) surrounding land uses are compatible with the proposed modification; and
rp-.,z
Item No. _, Page 3
Meeting Date: 5111199
3) said proposal also conforms with the General Plan in that this conditional use
permit has been properly executed and duly adopted.
IV. TERMS OF GRANT OF PERMIT
The following shall amend Resolution 18060, adding the following alcohol-related
conditions under Terms of Grant Permit (Section VII, new letter No. V) for the provision of
alcoholic beverages at the open-air market:
V. Alcoholic Beverages:
V-1. The concession stand/snack bar at the open-air market may provide alcoholic
beverages from 10 a.m. until one hour prior to the closing of operations on
Saturdays and Sundays. The duplicate type 47 ABC license for the pre-concert
exterior beer garden shall apply to this area. Per the original condition VII-E, of
Resolution 18060, the open-air market may operate from 7 a.m. to 4 p.m.
Should the hours of operation change, the City may revise the operating hours
for the concession stand/snack bar at the open-air market.
V-2. The concession stand/snack bar at the open-air market shall only provide
alcoholic beverages to persons age 21 and over, but will be open to minors to
purchase food and soft drinks. A separate area designated for alcoholic
beverages consumption shall be designed as described in M-5. This area shall
be the only location permitted to provide alcoholic beverages at the open-air
market. Alcoholic beverages must be consumed inside this area, and no persons
may leave this area with an alcoholic beverage. Access and activity shall be
monitored by private security. These security provisions may be enhanced or
reduced to the satisfaction of the Police Chief. The concessionaire and/or the
amphitheater operator shall compensate the private security or off-duty officers.
V. GENERAL CONDITIONS:
A. Except as expressly modified herein, all other terms and conditions of the original
conditional use permit shall remain in full force and effect. All modifications to
the original conditional use permit are contingent upon the applicant obtaining all
appropriate licenses and permits.
B. The effectiveness of this modified conditional use permit is contingent upon
applicant entering into an agreement with the City, in a form approved by the City
Attorney, whereby the Applicant shall agree to:
1) Indemnify and hold the City harmless from and against any and all damages,
liabilities, claims and cost arising directly or indirectly from Applicant or third
party conduct at or around the facility in connection with Applicant sponsored
events; and
2) Name the City as an additional insured on any policies of insurance intended
to insure Applicant against such damages, liabilities, claims, and costs.
~ß-3
Item No. _, Page 4
Meeting Date: 5/11/99
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants shall execute this document by signing the
lines provided, said execution indicating that the property owner and applicant have each
read, understand and agree to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole of
expense of the property owner and/or applicants, and a signed, stamped copy returned to
the Planning Department. Failure to return a signed and stamped copy of this recorded
document within thirty days or recordation to the Planning Department shall indicate the
property owner's/applicants' desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
---------------------------------------------------------------------------------
------------------------
Signature of Property Owner
Date
---------------------------------------------------------------------------------
------------------------
Signature of Representative of Coors Amphitheater
Date
-------------------------------------------------------------------------------
------------------------
Signature of Representative of Kobeys Marketplace
Date
---------------------------------------------------------------------------------
------------------------
Signature of Representative of Ogden Entertainment, Inc.
Date
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the
permit shall be deemed to be automatically revoked and of no further force and effect ab
initio.
Presented by
Robert A. Leiter
Planning Director
----------------------------------------------
<;58-(
Item No. _' Page 5
Meeting Date: S111199
PASSED APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of , 1999, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
--------------------------------------------
Shirley Horton, Mayor
ATTEST:
----------------------------------------------
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. was duly passed, approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the _ day of
,1999.
Executed this _ day of
,1999
----------------------------------------------
Susan Bigelow, City Clerk
H:IHOMEIPLANNINGIHAROLDlCCRES-95-47Mc.doc
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MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, April 14, 1999
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
ROLL CAll! MOTIONS TO EXCUSE:
Present:
Chair Willett, Commissioners Castaneda, Hall, Ray, Thomas, Tarantino,
and O'Neill
Absent:
None
Staff Present:
Jim Sandoval, Assistant Director of Planning and Building
Rick Rosaler, Principal Planner
Rich Whipple, Associate Planner
Harold Phelps, Assistant Planner
Scott Arsenal, Police Department
Ann Moore, Assistant City Attorney
Elizabeth Hull, Deputy City Attorney
PLEDGE OF AllEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Willett
APPROVAL OF MINUTES: February 24,1999 and March 10, 1999
MSC (Thomas/O'Neill) (4-0-2-0) to approve minutes of February 24, 1999 as presented. Motion
carried.
MSC (Castaneda/Ray) (4-0-2-0) to approve minutes of March 10, 1999 as presented. Motion carried.
ORAL COMMUNICATIONS:
No public input.
1. ACTION ITEM: Approval of GMOC Annual Report.
MSC (O'Neill/Thomas) (4-0-0-3) to approve report as submitted. Motion carried.
2. ACTION ITEM: Change in Planning Commission Regular meeting time.
MSC (O'Neill/Thomas) (7-0) approving change in Planning Commission Regular meeting time
/
Planning Commission Minutes
- 2 -
April 14, 1999
from 7:00 p.m. to 6:00 p.m. Motion carried.
3. PUBLIC HEARING: PCC-99-31/PCM-99-09; Consideration of an amendmentto the Rancho
del Rey SPA 1 Commercial District Regulations to consider allowing self-storage facilities
subject to approval of a Conditional Use Permit and associated permit to allow a self-storage
facility to be constructed at 860 Lazo Court in the C-1 Commercial District - Caster Group L.P.
MSC (Castaneda/Hall) (7-0) to continue Public Hearing PCC-99-31/PCM-99-09 to April 28,
1999. Motion carried.
4. PUBLIC HEARING: PCC-95-47M; Request to modify the existing conditional use permit
as it pertains to the conditions for hours and locations of alcoholic beverage sales at the
Universal-Coors Amphitheater - Ogden Entertainment, Inc.
Background: Harold Phelps reported that the Planning Commission reviewed this proposal on
March 31, 1999 during which a number of concerns were raised.
Subsequent to the March 31, 1999 meeting, staff received a letter from the General Manager of
the Kobey's Chula Vista Marketplace indicating full support of Ogden Entertainment's proposal
to provide a beer garden area for swap meet patrons on weekends.
Both Ogden Entertainment and Coors Amphitheater support the requirement to limit access into
the Silver Bullet Lounge to minors unless accompanied by parent or legal guardian, as well as
the prohibition of minors in the pre-concert exterior beer garden. The beer garden will consist
of a temporary patio area behind the sidewalk, separated away from the parking lot.
The Police Department has determined that based on the proposed location of the exterior beer
garden behind the sidewalk, there would be no violation of the prohibition of alcoholic beverage
consumption in public parking lots. In addition, they have determined that an additional ABC
license is not required, however, a duplicate license will be needed for the exterior beer garden.
Lastly, the Police Department strongly recommends that 2 off-duty officers be stationed at the
pre-concert exterior beer garden and would subsequently be stationed at the Silver Bullet
Lounge. They do not see a need for off-duty officers at the exterior beer garden during the
operation of the Kobey's Open Air Marketplace on weekends and it does not need to be
restricted to adults since food and beverages will also be provided to minors.
Staff recommendation: That the Planning Commission adopt Resolution PCC-95-47M
recommending that the City Council approve the proposed modification in accordance with the
findings and subject to the conditions in the Draft Council Resolution.
Commission Discussion:
Commissioner Tarantino asked if any consideration had been given to restricting selling alcohol
at concerts that primarily attract a minors audience.
.;L
Planning Commission Minutes
- 3 -
April 14, 1999
Mr. Phelps responded that he was not aware of the applicant's desire to exclude the sale of
alcohol during any specific concert or for a particular audience, however, the applicant has
indicated that they are not interested in setting up the beer garden for all events.
Commissioner Thomas asked for clarification on the requirement to have a private security guard
during the open-air market, not necessarily an off-duty police officer.
Staff responded that a private security guard would be provided, not an off-duty officer.
Commissioner Ray stated it is common knowledge that at other venues throughout the county,
the prohibition of open containers in public parking lots (i.e. for tailgaters) is not enforced and
asked if the City of Chula Vista pro-actively enforces this rule in concert events.
Officer Arsenal stated that this is a discretionary matter because if a disruptive incident were to
ensue which required an officer's involvement, then this regulation would be strictly enforced.
This does not mean that this regulation was never enforced during the last concert season,
however, limited manpower resources would preclude the City from taking a pro-active approach
in the enforcement of this regulation.
Commissioner Castaneda expressed concern with the beer sale at the beer garden starting 3
hours prior to the start of a concert and would favor reducing it to 2 hours prior to concerts. In
addition, he would favor any measure, whether it be through signage or wording in the
conditions, that beer sale at the open-air market is secondary to the sale of food items and soft
drinks.
Public Hearing opened 7:30.
Teddye Gentry, 5257 Solola Avenue, San Diego, representing the San Diego County Council
on Alcohol Policy, stated that SANDCCAP consists of community volunteers that are concerned
with policies that promote or encourage youth access to alcohol or pose health and safety risks
to the general public and for these reasons opposes this proposal.
Oscar Talaro, 527 G Street, Chula Vista, CA stated there are enough outlets within the City that
sell alcohol and did not agree with increasing the sale of alcohol at a venue such as this where
attendance is high and alcohol impairment poses a public safety risk. Therefore, as a concerned
parent and resident of Chula Vista he does not support this proposal.
Chris Bitterland, 2245 San Diego Avenue, San Diego, CA representing Universal Concerts Inc.
introduced from the audience other representatives from Ogden Entertainment and Coors
Amphitheater and stated they were there to answer any question the Commission may have.
Mr. Bitterland stated that with respect to concert events that attract a younger audience, it is their
policy to strictly enforce the requirement to check I.D.s before selling any alcoholic beverage at
any concert event regardless of the audience it attracts.
3
--'-"-~.'-'-''''~----'''--''-'--''''-'-~--'"'---~'-'--'-.._~---_.
Planning Commission Minutes
- 4 -
April 14, 1999
With respect to selling beer at the exterior beer garden 3 hours prior to an event; it is only several
times a season that this pre-concert activity will be used for some of the larger shows. The
objective is to provide a service and accommodate the fans who are encouraged to come earlier
to avoid some of the traffic and parking problems that arise with sell-out concerts, and not to
simply sit around and drink beer.
Linda Seufert, representing Ogden Entertainment presented photographs and reviewed the
location of the exterior been garden on a site plan.
Commissioner Hall asked how the appl icant arrived at the 3 hours vs. 2 hours, for the sale of
alcohol prior to the start of a concert.
Jesse Collier, 30491 Avenida Estrada, Temecula, CA as previously stated it is primarily a matter
of providing a service to concert-goers who are encouraged to arrive early at major events, which
somewhat ties together with economics. Four hours prior to an event would probably be too
early and 2 hours prior would be probably be too late to avoid the traffic and parking
congestions.
Public Hearing Closed 7:50.
Commissioner O'Neill stated he supports the proposal for the following reasons: 1) the Alcoholic
Beverage Control (ABC) and the City of Chula Vista Police Department are satisfied that the
proposal addresses any potential concerns they may have had; 2) his observation in other venues
like the Del Mar Fair, which is also family-oriented, has been that the beer gardens seems to work
well as far as restricting minors from consumption; 3) as a conditional use permit, the City is
always able to revisit this project if things aren't working out as it was envisioned; and 4) the
applicant's own reputation is what is at stake here, therefore, it is to their best interest to ensure
that everything runs smoothly.
Commissioner Tarantino stated he does not support the proposal based on a philosophical
incompatibility. As an educator who has too often seen the effects of drugs and alcohol in our
youth, he does not support any proposal that encourages the sale of alcohol because of the
mixed-message it sends our youth.
Commissioner Thomas stated that although he also agrees with Commissioner Tarantino's
statement on mixed-messages; based on the applicant's integrity and track record in its dealings
with the City, he is confident they will ensure that everything runs smoothly and that their desire
is to offer the community a top-rated, state-of-the-art entertainment venue.
Commissioner Ray stated that as much as he would like to see the VIP Silver Bullet Lounge open
to everyone after the end of the concert, he recognizes that this is a privilege that the owners
reserve the right to implement, however, he does not agree with the statement in the report that
says it would alleviate traffic leaving the concert, because the benefit would be so minimal it
would not make any significant impact. He does not support the exterior beer garden having
exclusive rights to sell beer outside of the main facility, but yet someone in the parking lot is not
able to have a beer to accompany their hamburger because they would be in violation of the
open container ordinance. Therefore, he does not support the proposal.
if
Planning Commission Minutes
- 5 -
April 14, 1999
Commissioner Hall stated that although he shares some of Cmr. Tarantino's concerns, he is more
aligned with Commissioner O'Neill's statement and supports the proposal as presented, however,
he made an admonition that this project should be closely monitored to see what, if any, impacts
it creates.
Commissioner Castaneda stated he could support the proposal with modifications. First, the beer
garden at the open-air market should be promoted as nothing more than a snack bar that happens
to sell beer, not a beer garden. Secondly, the sale of beer 3 hours prior to the event should be
reduced to 2 hours. Thirdly, Cmr. Castaneda does not have a concern with minors being allowed
to go into the Silver Bullet Lounge accompanied by an adult before and during the concert,
however, they should be restricted after the end of the concert. His experience in other venues
has been that the atmosphere in these lounges are not appropriate for minors.
Public Hearing re-opened
Buck Martin, General Manager of Coors Amphitheater responded to Commissioner Castaneda's
proposed changes, He stated that Universal Concert's philosophy is one of providing a service
to their customers. The sale of alcohol 3 hours prior to the concert is by no means economically
driven, but is driven by a desire to provide a complete service to the customer.
Mr. Martin further stated that he has worked in many different venues throughout the United
Stated and each jurisdiction has some kind of an open container restriction, however, the
enforcement of the restrictions is somewhat gray in all jurisdictions.
MSC (Thomas/O'Neill) (4-3-0-0) that the Planning Commission adopt Resolution PCC-95-47M
recommending that the City Council approve the proposed modification in accordance with
the findings and subject to the conditions in the Draft Council Resolution with the following
changes:
a. The Open-Air Market
M-9 That the wording be changed from "exterior beer garden" to "A snack bar that
offers beer shall be restricted to persons age 21 and over unless accompanied by a
parent or legal guardian."
b. The Exterior Beer Garden
M-6 Add at the end of this condition "and at the end of 3 months, staff will review
the merits of maintaining the provision to sell alcohol 3 hours prior to start of a
concert vs. 2 hours and will report back to the Commission."
Motion carried with Commissioners Castaneda, Ray and Tarantino voting against it.
5
RESOLUTION NO. PCC-95-47M
A 7TÃLH/vr&ìuT !
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL GRANT A MODIFICATION TO A
CONDITIONAL USE PERMIT, PCC-95-47M, TO OGDEN ENTERTAINMENT TO ALTER
THE HOURS AND ADD LOCATIONS FOR ALCOHOLIC BEVERAGE SALES AT THE
UNIVERSAL-COORS AMPHITHEATER.
WHEREAS, a duly verified application for a conditional use permit was filed with the Chula
Vista Planning Department on December 24, 1998 by Ogden Entertainment, Inc., exclusive
concessionaire for the Universal-Coors Amphitheater; and
WHEREAS, said applicant requests permission to alter the hours and add locations for alcoholic
beverages sales at the Universal-Coors Amphitheater; and
WHEREAS, the Environmental Review Coordinator has concluded that the modification is a
Class 5 Categorical Exemption from environmental review pursuant to the California Environmental
Quality Act; and
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use
permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within 500 feet of the
exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was scheduled and advertised for March 31, 1999, 7:00 p.m. in the
Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the hearing was continued to April 14, 1999,7:00 p.m. in the Council Chambers,
276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented
at the public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does
hereby recommend that the City Council approve Conditional Use Permit PCC-95-47M in accordance
with the findings and subject to the conditions contained in the attached City Council Resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of April, 1999, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
---------------------------------------
John Willet, Chair
ATTEST:
---------_.-.------------------------
Diana Vargas, Secretary
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Ogden Entertainment for PROJECT DESCRIPTION:
C) APPLICANT: Coors Amphitheater CONDITIONAL USE PERMIT
PROJECT 2050 otay Valley Road Request: Proposal to modify PCC-95-47 to increase hours
ADDRESS: 7 & areas of alcoholic beverage sales at all concert events
SCALE: FILE NUMBER: & at Kobey's swap meet.
NORTH No Scale PCC-95-47M
h :Ihomelplann inglcarlosllocatorslpcc954 7m .cd r 1/26/99
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CON )r~lNAL USE PERMIT APPLI:TIONJÎ7Df (-fl. f·
Case N0.§f£=-"!5- 4IJ M
Filed: ! - -~
Receipt# _
Zone:
T-~5-01D
65-7~t
BY DOPOSED COJr.l'ACT 1UTB PLAJDIlDlG COJD[[SSIOJl XEMBERS OUTSIDE OF
TBE SCJŒD1JLED PUBLIC BDRDlGS MUST BE DIRECTED THROUGH TBE PL1IJlJlING
COJDC:SSIOJl SECRETARY AT 691-5101!.
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Coors Amphitheater
II"'Project Location: 2050 Otay Valley Road, Chu1a Vista, CA 91911
VAssessor's No.
(}lame of Applicant: Ogden Entertainment, Inc.
/ c/o Coors Amphitheater
VApplicant's Address: 2050 Otay Valley Road, Chula Vista, CA 91911
. / Jesse Collier (location) 619-671-2900
V Contact Person: Linda Seufert (corp. HO) Phone: 212-868-6172
II"'Applicant's Interest: 0 OWn ill Lease 0 In Escrow 0 Option
V' Existing Use of Property: 20,000 seat capacity amphitheater to host
Corp.
2 Penn
NY, NY
HQ
Plaza
1012:
entertainment events
I Proposed Use of Property (Des=ibe in detail) Please see attached
Exhibit A
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Brian D. Lownds, Asst. Secretary
13-.p¿
Signature
.('
12/08/98
Date
Print Name of Applicant/Agent
Ncu: In ordcrlO goua.a CODdiûooalldC pcrmìt, the following fiDdiDgJlDUIt be made by the. Zoning AdmiDiltra10r or Pianning Commiaaion:
1) That the ~ UK at the panic:u1ar lœatÎ.oø is _~ or desirable to provide a acrvic.e or facility wbich contñbut.c to the gcocra1
~..1bo ".¡pbodJood ..1bo community.
2) That mcb me wiD DOt, under the circumllaDccs of the panic:u1ar cue, be dctrimeIUl to the health, ufcty or general welfare of
peøoDI raidiae or woriåog in the vicinity, or injurious 10 property or impro~c.mætI in the vicinity.
3) That the ~ use will COIDpIy with the regula';... aDd COÐdibom opeci6ed in 1bo MunieipoJ Code for ....b u...
4} 'Ihat the gradÏDg of 1his cooditioDaJ UJC permit will DOt advertc1y .ffect the General Plan of the City of Club Vista or thl: adopted
plan of...,. I".-....-...I.geucy. l'
5) Thl: app1icaD1..y wi.Ih to address tbetc findings. If 10, thl: applicant IDlY aUach aDOtbl:r meet.
---. .--.,
Type of Project:OResi'-,'1tial Wcomm'l oIndustl.-,l
Coors Amphitheater
.1 Project Location: 2050 Otay Valley Road, Chula Vista, CA 91911
O Other
(Explain)
Ii Proj ect ].-yea:
sq. ft.
72 .5
acres
RESIDENTIAL:
Number
1 BR
2 BR 13+ BR
I
I
Apartments
dU's/acre
Single Family Attached
dU's/acre
other
dU's/acre
./ PARKING Total on-site: 6,100
Total on-street:
N/A
Total: 6, 100
Ratio
per unit.
Garages
Carports
Open
Open Space
sq. ft./unit. Patios
sq. ft.
Balconies
sq. ft.
Storage Areas
cu.ft./unit
Total Bldg Coverage
%
/ NON-RESIDENTIAL: Variable - depending
.¡ Exhibit B
Hours of Operation a.m. to
upon event, please see attached explanation on
p.m.
thru
thru
For exp~nsion area Expansion an
Employees/Shift: 7/1 Total Employees: 7 on
Please see Adding patio area
V Gross Floor Area: Existing: CUP/PCC-95-Y'q.ft. Proposed: 1,310 sq. ft.
~Seating capaCi~y 20,000 Number of students/Children N/A
If applicable When applicable
~Building Coverage % Landscaping % of the site
vlNUmber of Shifts:
a.m.
to
p.m.
1
NOTE:
FAILURE TO USE A PERMIT - Failure to use a conditional use permit within one (1) year after
the effective date thereof shall make said permit null and void. However, the Planning
Commission or Zoning Administrator may grant an extension of time if requested by the
applicant, provided no changes have occurred that would affect the original findings which
justified the approval. The permit is considered to have been used if the applicant has
completed the project or spent substantial money toward construction of the project, but if
work stops for three (3) months after starting and one (1) year has passed, said permit
becomes null and void.
TRANSFER OF PERMIT TO FUTURE OWNERS - Unless the conditions of approval specify that the
permit cannot be transferred, the permit applies to the property and is transferable to·
future owners, proviàed the permit has not become null and void. The new owner may request
an extension if the permit is still valid. / ð
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Pennit AppLicant:
AppLicant'. Addrea:
Type of Per8it:
Ae"- Date:
~It_:
D_l~ ~e..\t ~rocess\n¡ ~g.......t
Ogden Entertainment, Inc.
c/o Coors Amph~theater. 2050 Otav Valley Road, Chula Vista
Conl'H ti on::i 1 nq,p Pprmi T - Mn{l; fi ,..~r; nn
~L.UUU.UU
This Ae-- ("A", __.t-) __ the CIty of Cbula VIsta. a chartared lUticipal corporotlon ("c:ity") end tho
for....s oppllcant for a _l~ pe.-lt ("Appllcant-). effectl.. _ of the Ag..-t Doto ..t forth above, Ie _ ..ith
...f_ to tha follooñ,. facta:
__. Applicant .... _lied to the City for 0 pe.-lt of the type aforereferenced (-Pennit") which the City ....
required to be obtalnod _ a _Itl... to per'IIittin¡ Applicant to _op a parcel of property; end.
__. the City ..Ill Incur __ In order to proceu said per'IIit through the voriOUl departments end beforo the
various boards and _i_i... of the City ("Processin¡ 5arvlcn"); and.
Wherua. the ~ of thlo .. Ir
providi,. the Proceøi,. Sarvic...;
.t Is to ...i....... the City for all expen5'" it "iLl incur in comectl... ..ith
Naw. th51..ror.. 'the prties do hereby agT'H, in exehM1ge for the artual prœisea herein cc:ntained, as follows:
1. AppLicant's Duty to Pay.
Applicant shall ¡.y all of City's expenses incurred in providing Processing Services related to Applicant's Permit,
Includi,. all of .Clty's1llnct end ...._ coato ...Lated thereto. This <*rty of AppL icant shaLL be referred to he...in o.
"AppL icant's Duty U Pay.-
1.1. Applicant.. ~It Duty
As 1=I8rtial perf~ of AppliC8ntt. Duty to Pay, Applicant shall deposit the 8IIEU'1t afDrereferenced CMDepositU)..
1.1.1. t:lty shall chaf'110 its lawful __ inc:urracl in providing Processing Services ogainst Appl icant'o
Deposit. If. after the conc!usi... <Jf proceuing Applicant-s Perait. any porti... of the Deposit r_ins. C:ity shall ...turn
Hid belanoe to"'PPlicant"lrithout: interen thereon. If. duri,. the procesaing of Applicant'. Pe...it. the _ of the
Deposit __ --toe!. ..r is i_inently IIk.ly to __ exhausted in the <>pini... of the City. upon notice of UIIIe by
City. Applicant ....ll fartllwlth pMlVide such additi...l deposit os City shall caleulot. u reasonably necO$"ry to c...ti,..
to provide Pr : Ifi,. Senñca. Tha <*rty of Applicant to initially deposit end to auppl__t Hid deposit os h....in required
sholl be _ _ -Applicant's D_lt Duty".
2. City's Duty.
City ....ll. ..... the _itl... that Applicant Is not in breach of Applicant'. Duty to Payor Applicant'. Deposit
Duty, .... good faith to provide prn~h'lSl services in relation to Applicant's Perait application.
2.1. City sholl _ no liobility h.r....r to Applicant for the teilure to process Applicant" Permit opplicotion.
or for failure to proceu Applicant's Pe"';t ..ithin tho tiR fr_ r_ted by Applicont or O$ti....ted by City.
2.2. By a_I... of this ag..-t. Applicant shall _ no right to the P...it for which Applicont .... opplied.
City shaLL use ita discretion in .....luati"lil Appl ¡cant's Perwit Appl ¡cation without regard to Applicant's prcaise to pay for
the Proceuil'll Services, Dr the uecutiCl\ of the Agr..-nt.
3. R~ies.
3.1. SUapanai... of Procasing.
In addition to all other rights and r_i.. which the City shall oth.....i.. how at lo" or equity. the City hu the
right to auspand ondIor ..ithhold the processing of the P....it which is the stbject ....tt.r of this Agr........t. os well os the
Penlit which .." be tha ....ject .ttar of any other P_it which Applicont hu before the City.
3.2. Civil tollectl....
In addltl... to all other rights and ..-1... which the City sholl oth.....i.. have at Lo" or equity. the City hos the
right to collect aU ..... ...fch are or -r bec~ cåe het'eU'der by civil ac:tion, and upon institutin; liti!i8tion to collect
UIIIe. the prevail ing party shall be entitled to r.._le ottomey's fees end coau.
1 (I
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,. lIiscell_.
'.1 Notices.
All notices. ~ or r~ provided for or perwitted to be given pursuant to this Agreement ....t be in
wrltilÇ. All notl..... ~ and _u to be s.nt to any perty shall be de...:! to have been properly given or s.rwd If
persø.lly __ or de aalted In the united SUt.. _il. __ to audI perty. post_ prepaid. r.gist.red or certified.
..ith retInI receipt...., ted. ~ the........ identified edj_ to the aignatura of the perties represented.
4.2 GovemllÇ laI/Verue.
1hi. Agre.mt _II be ¡oyemed by and construed in eccordance with the I.... of the State of califomia. Any
action 1Iti.11Ç under .. relaotllÇ to this Agr.....t .hall be brought only In the federal or .Ute courts located In San Diego
C....ty. State of Califamla. and If """Bcabl.. tha City of Chula Vista. or .. close th.reto .. posslbL.. Venue for this
Agr_. and perf___ _r. shall be the City of Chula Viata.
4.3 Multlpl. SI_I_.
If there are oultlpla .Ignatorl.. to this agr_t on behalf of Applicant. each of such signatori.. sh.1l be
jointly and _rally liabl. for the perlo_ of Applicant'. _I.. herein .et forth.
4.4 Signatory _Ity.
"Ihe .ignatory to thl. ag.-- hereby ..rrants and represents that he Is the duly designated agent for the
Applicant and.... been Qdy authorized by the Applicant to eJlecute this Ag...-nt on behalf of the Applicant. Signatory
shall be _lly liable for Applicant's Duty to Pey and Applicant's Duty to Deposit in the event h. has not been
authorized to execut. thl. Ag...-nt by Applicant.
4.5 Hold HaI'Sll-.
AppliClØ1tsball defend, indeanify and hold harmless the City, its elected and appointed officers and ~loyees. fl"'l;8
and against -rr cLai_. suiu, actions or proceedin;s, ju:iici.al or aciuinistrative, for ",-its, orders, injLmCtion or other
relief, ct.qø, limiLity. coat and expersa Cincludil'18 without limitation attorneys- fees) arisil"lSJ out of City's actions in
processil1SJ or iauirw Çlicantls Per.ï't, or in exercisil'18 any discretion reL.ted thereto including but not Limited to the
giving of proper .,.,i.--,t.l revi.... 'the holdi... of pblic bearings, the exterwion of due proceaa rights, except only far
thoaeclai_. auiu, -=1_ -or prO(.......dinp arisi11lfrce the soLe negligence or saLe willfuL canduct of the t:ity, its
officers. or _1_ -. to. but not objected to. by the Applicant. Applicant" i_ifieation shall include any and
all ....ts...I : -. .U...._,.· f_ and liabil ity incurred by the City, it officers agenu. or """loy... in defendilÇ
a llinst _ c1a1.. __ the... proceed to j~ or not. Further. Applicant. at its _ .xpens.. shaLL, upon
writt... ~ by the City. defend .-.¡ such suit or action brought against the City, its officers, agents, or ~loyees.
AppLicant's inde.-.ifiC8'tian of City....ll not be lillited by any prior or subsequent declaration by the Applicante At ita
sole discretic:n, 'the City -.y perticipate at ita own expense in the defense of any such action, but such: pBr-ticipation shall
not ...U... the applicmt of any obL l IItlon ¡..ed by this condition.
4.6 Adlainistrative Clai. R~irments and Procedures.
Met suit or arbitration shall be brought arising out of this agreement, qainst the City .....less a claim has first
been presented in ..,.Itln¡ and filed ..Ith the City of Chula Vista and acted upon by the City of Chula Vista in aa:ordance with
the pr I ,.... set forth In Chapt.r 1.34 of the Chula Vi.to lIu'Iicipel Code. .. ... ..y f.... ti". to ti". be -.dod. the
previ.l... of ....Ich are I._......ted by thi. reference .. if fully set forth h....in. and such policies and procedurea used by
the City ID tba l"Pl_lon of _. Upon ~t by City. Consultant shall ...t and confer in good faith with City for
the purpose of reaolvilÇ _ dispute..... the t.... of thi. Agr_.
.... therefore. tba parties hareto, hevilÇ reed and ....rstoocl the t..... and conditions of this ag_t. do h.reby
expr... their ___ to the t..... h.reof by ntting th.ir hand hereto on the date set forth edjacent th.r.to.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
by:
Dated: 12/08/98
Ogden Entertainment. Inc.
~~~?anl~a7.a
by: fL·!?'" <
Brian D. Lownds,
Asst. Secretary
2 1:1..
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EXHIBIT A
1. Modify PCC-95-47, Resolution 18059, Part VII, Section M to standardize hours of
suspension of alcoholic beverage sales to one hour before the scheduled end of
each event; to pennit sale of alcoholic beverages in the Silver Bullet Lounge up
to one hour after the end of each event and to exclude Koby's Swap Meet from
this Section M. Koby's Swap Meet since alcoholic beverage issues should be
addressed in PCC-95-47, Resolution 18060.
Standardized hours of alcoholic beverage service at the amphitheater wouid
better enable Ogden Entertainment to comply. As the condition now stands,
suspension of alcoholic beverage sales relies on commencement of a "headline"
act. Some perfonnances make it difficult to designate which is the headliner and
in other instances the headline ad is the only ad that perfonns. Standardizing
suspension of alcohol sales to 1 hour prior to the scheduled end of every event
would eliminate confusion.
Allowing V.I.P. box holders to use the Silver Bullet Lounge will alleviate some of
the traffic congestion caused by the mass exodus at the end of a show.
2. Increase premises licensed for the sale of alcoholic beverages to include the
1,310 square foot patio area conneded to the rear of the amphitheater main
concession building for pre-event concessions and for Koby's Swap Meet
concessions. The patio area will be separated by metal bike stand fencing linked
together as per the atlached photo. Please see Operation Plan for full
explanation of use.
3. Modify PCC-95-47, Resolution 18060 to allow for service of alcoholic beverages
during Koby's Swap Meet in all ABC licensed areas, to include upon approval,
the amphitheater patio area located at the rear of the main concession building.
Sales of alcoholic beverages could be suspended one hour prior to the
scheduled close of the outdoor market.
133
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EXHIBIT B
ModIfICation of Concfltional Use Permit
Non-Res/dentllll- Hours of Operstion
Coors AmphitheBter, concession stands
CONCERTS AND SIMILAR EVENTS:
The amphitheater will open on days when an event is scheduled. The hours of
operation are variable depending upon the event schedule. It is not unusual for some
shows to begin in the afternoon while others begin in the evening. Ukewise, closing
times are variable. The amphitheater will be closed on days when an event is not
scheduled.
Beer Garden on outside of main concession buildina:
OPEN: 2 hours before amphitheater gates open
CLOSE: 1 hour after amphitheater gates open
Patrons will not be permitted to carry alcoholic beverages from beer garden
into amphitheater.
Main Amphitheater:
OPEN: Gates open according to event schedule
CLOSE: Gates close at end of performance, including encores, allowing sufficient time
for all patrons to exit the facility.
. Sales of alcoholic beverages at concession stands within amphitheater are
suspended 1 hour prior to scheduled end of performance.
Silver Bullet Lounae:
OPEN: Conwrrently with the opening of the main amphitheater gates.
CLOSE: 1 hour after end of scheduled event (depending upon actual end of show).
BEER GARDEN AT KOBY'S SWAP MEET:
Beer Garden behind main concession stand:
Days of operation Saturdays and Sundays in first year.
As per Condition F, Resolution No. 18060 if the Conditional Use Permit is modified to
include Thursdays and Fridays after year one, the beer garden is to be included in such
modification
OPEN: 10:00 a.m.
CLOSE: 4:00 p.m. (suspend sales of alcoholic beverages at 3:00 p.m.)
1'/
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OGDEN ENTERTAINMENT, INC.
COORS AMPHITHEATER
OPERATION PLAN
FOR AREA AFFECTED BY REQUESTED
MODIFICATION OF CUPIPCC-95-47
EXPANSION AREA - BEER GARDEN
Approximately 1,310 square feet beer garden located at rear of amphitheater's main
concession building. The rear of the main concession building has three concession
windows. Windows 1 and 2 will serve food and non-alcoholic beverages to the general
admission. Window 3 will be contained within the beer garden area and used for service
of food and alcoholic beverages to adult patrons. The beer garden's perimeter runs
parallel to the rear of the main concession building for 77 feet and extends 17 feet out
from the main concession building. The concession building acts at the 4th wall. A 5 foot
sidewalk runs between the beer garden and the parking lot
During use, a temporary fence will be erected around the perimeter of the beer garden
consisting of metal bike racks linked together. Please refer 10 the attached photograph
which iIIusbcób the link between fencing units. The fence is no less than 40 inches tall.
Patrons would be pemnitted to consume alcoholic beverages within such perimeter but
would not be pemnitted 10 exit the area with alcoholic beverages in hand. The expansion
has 2 purposes: 1) a pre-show area for regularty scheduled amphitheater events and 2)
a full service concession stand for the flea mar1<el
Operation of the beer garden is not expected to increase traffic volume for either
amphitheater events or for the open air mar1<el Patrons expected to use the beer
garden before amphitheater events will be ticket holders arriving earty. During the open
air marKet, the beer garden will simply be a concession stand that also serves beer and
is not expected to draw any more people than an ordinary concession stand would.
The beer garden would benefit both operations. The pre-event area would offer greater
control over patron consumption of alcoholic beverages and may reduce tailgate parties
in the par1<ing lot During the open air mar1<et, the beer garden could reduce the amount
of alcoholic beverages that patrons bring from home to walk around with. The beer
garden confines consumption to one area. The beer garden would give Ogden greater
control over alcohol management during the open air mar1<et.
PrIH1vent
On days when an event is scheduled, this area would open 2 hours before posted gate
time and close 1 hour after the amphitheater gates open for an event. Approximately 18
standing tables (36 inches tall) without chairs will be available for the use of patrons in
the beer garden. The beer garden would hold approximately 120 patrons.
Four concession wor1<ers will operate the concession windows serving non-alcoholic
beverages and food. The beer garden will be manned by three concession wor1<ers,
one seaJrity employee, and at the request of the Chula Vista Police Department, one on-
duty Chula Vista police officer. If Ogden detennines it necessary, another security guard
will be assigned 10 the area. One Ogden supervisor will oversee the entire patio
concession area. All concession wor1<ers who serve alcoholic beverages are LE.A.D.S.
certified. No patrons under the age of 21 would be pennitted entrance into the beer
garden. I )
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~,
Ogden is requesting use of the pre-event area to reduce the amount of unauthorized
alcoholic beverages brought to the amphitheater by patrons. The pre-show area
provides patrons a comfortable and convenient place to gather for a snack and a drink
before the show, Ogden be'ieves patrons will prefer the pre-show area to tailgating
thereby discouraging tailgate parties in the parking lot. The pre-show area would
provide Ogden greater control over the presence and use of alcoholic beverages at the
premises and it the parking lot
Kobv's Ooen Air Market
Pursuant m resolution #18060, the amphitheater will host an open air market for the
public in the parking lot from 7:00 a,m. to 4:00 p.m. on Saturdays and Sundays. The
open air market is scheduled to open in November 1998. Ogden would like to use the
beer garden at the rear of the main concession building, as described above, to offer
patrons the option of having an alcoholic beverage with a snack or lunch during their
visit. The beer garden would operate on Saturdays and Sundays from 10:00 a,m, to
4:00 p.m. Sales of alcoholic beverages could be suspended at 3:00 p.m. each day.
The non-alcoholic beverage and food concession windows will be staffed by 4
concession workers. The beer garden would be manned by three LEAD,S. certified
concession servers and one seaJrity employee. If detennined necessary, an additional
security employee would be assigned to the area,
The beer garden would hold approximately 150 patrons. Approximately 18 standing
tables (36" tall) without chairs will be available for the use of patrons in the beer garden.
Pursuant m resolution 18060, all equipment used for the beer garden would be taken
down and put flfWBy by 7:00 p.m. on Saturdays and Sundays.
SILVER BULLET LOUNGE- EXTENDED HOURS
V.I.P. box holders already use the Silver Bullet Lounge to linger after shows while
waiting for the parking lot to clear. Ogden would like to be able to serve alcoholic
beverages for 1 hour after the end of each show to the V .I.P. box holders using the
Silver Bullet Lounge for this purpose. Box holders are generally older, more responsible
patrons who would not abuse this convenience. The Lounge would then close 1 hour
after the end of each show, Allowing V. L P. box holders to remain in the lounge after the
show, would aHeviate some of the traffic congestion caused by the mass exodus at the
end of a show.
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TI-IE c. 'OF CHULA VISTA DlS<U>SURE ST, ':MFNr4rr /Ie f/. S-
You arc required to file a Stalemenl of Disclosure of certain ownership or financial interests, payrncnlS, or campaign
contrihutions, on all maller1' which will require discretionary action on the pan of the City Council, Planning Commission, and
all other official bodie!>. The following information musl be disclosed:
1. List lhe names of all persons having a financial interest in the propeny which is Ihe subject of the application or the
oontracl, e.g., owner, applicant. oonlractor, subcontractor. material supplier.
Ogden Entertainment, Inc. (applicant)
Universal Concerts, Inc. (owner)
2. If any person· identified pursuant to (]) above isa corporation or pannership, list Ihe name.' of all individuals owning
more than 10% of the shares in the corporation or ov.'hing any pannership interest in the pannership.
Ogden Entertainment, Inc. is a wholly-owned subsidiary of Ogden Services Corporation
Joseph Barry is Vice President & Assistant Secretary of Ogden Services Corporation
Universal Concerts, Inc. is a wholly-awned subsidiary of Universal, Inc.
The CEO is Edgar Bronsman
3. If any person· identified pursuanl 10 (]) above is non-profil organization or a trust. list the names of any person
seJVing as director of the non-profit organization or as trustee or benetlciary or trustor of the trust.
N/A
4. Have you bad more than $250 wonh of business transacted with any memher of the City staff, Boards, Commissions,
Commillees. and Council within the pasttwclvc months? Ycs_ No~ IfYe!>, please indicate pcrson(s):
5. Please identify each and every person, including any agents, employees, consultants, or indepcndent contractors who
you have assigned 10 represcnl you before the City in this mailer.
Jim Rozes
Brian Lownds
Jesse Collier
Linda Seufert
6. Have you and/or your officers or agents, in the aggregale, contributed more than $],000 to a Councilrnember in the
current or preceding elcction period? Yes_ N0l If yes. stale which Councilmember(s):
. . . (NOTE: Atlacb additional pap as P"'-'-"'Y) . . .
Date: December 8, 1998
.3..-. £>/'.
-
Signature Df oontraClor/applicant
Ogden Entertainment, Inc.
By: Brian D. Lownds, Asst. Secretary
Print or type name of contractDr/applicant
g
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. Pawl! is dqincd c: "AllY iJulMlbuJl. finn. co.JHlI"IID'Ship, jaw venlW'C, œSocÙJl;OI1.., socÎD1 club, frølt:nUJl DflDIaWuiOtI., COtpOrtUi01l, esuuc, DUSt. rertM:r, 'Yf'Idital(,
IIUs øuJ IIn1 ødtt:r~. ci1:y",,¿ cowlD)', city tnUJUc;pobl)', disrricJ.. or Olila political subdivisioll, or Øt)' olha group or combin4tiotJ DaVlg as tJ unlL "
COUNCIL AGENDA STATEMENT
Item r
Meeting Date 5/11/99
REVIEWED BY:
Public Hearing to consider the modification of the existing Transportation
Development Impact Fee
Director of Pubo/Works ~
City Manage~ (4/5ths Vote: Yes_NoX)
ITEM TITLE:
SUBMITTED BY:
It is recommended that this pubilc hearing be continued to the May 18, 1999.
H :\HOME\ENGINEER\AGENDA \ TDIF. LDT
FILE NO.: HY091
9-}
--_..._--------~"_._.._.-,._.~._-_.._~--
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ITEM / ¿7
Meeting Date 05/11/99
COUNCIL AGENDA STATEMENT
ITEM TITLE:
/91/f'l
Resolution Approving waiver of certain element of competitive bidding
process as impractical and awarding a "not to exceed" contract for consulting,
validation and project management services for the Police Department Strategic
Plan to The Warner Group and Appropriating $72,013 to the Police Department
Budget based on unanticipated revenue from Development Impact Fees (DIF).
SUBMITTED BY:
D/ M
Chief of POliC~
City Manage~ ~ :::--<
(4/5ths Vote: Yes XX No_)
REVIEWED BY:
As a result of numerous issues related to growth and dynamic changes in policing, it is important that the
Police Department formulate a Strategic Plan to meet near-term and future challenges. On December 9,
1998, the Police Department formally began the process of formulating ideas and compiling data for the
department's strategic plan. This process has included approximately 80 staff members working in eight
focus groups, gathering and evaluating information for the strategic plan.
In December 1998, the Police Department, identified vendors who would be qualified and competent to
provide consulting, validation, and project management services for the Strategic Plan project. Due to
the difficulty in locating potential responsive bidders for the project. in January, 1999, the Police
Department issued a Request for Proposal for Professional Services (Attachment A) to all potential
consultants (Attachment B). Seventeen (17) proposals were sent out and only two (2) responses were
received.
After a careful examination and review of the qualifications, experience, costs, and the criteria
established by the Selection Committee, staff determined The Warner Group had demonstrated
competence and qualifications for the services required at a fair and reasonable cost to the City. As
such, staff recommends that a certain element of the competitive bidding process, specifically public
announcement, be waived as impractical and further that the contract (Attachment C) for consultant,
validation and project management services for the Police Department be awarded to The Warner
Group.
RECOMMENDATION: That Council approve the Resolution waiving certain element of competitive
bidding process as impractical and awarding a "not to exceed"contract for consulting, validation and
project management services for the Police Department Strategic Plan to the Warner Group, and further
to appropriate $72,013 for said purpose.
Page 1 of 7
/iY -- /
ITEM
Meeting Date 05/11/99
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In 1988, the City adopted a series of growth management thresholds for various city services. Among
them were four police operations thresholds, including response time to Priority 1 emergency calls.
Since that time, the Department has been unable to meet those thresholds, necessitating are-evaluation
of resource allocation and a re-evaluation of the thresholds themselves.
The Police Department's expanding programs and its staff have already outgrown the present police
facility. Projected growth will require further updating staff and creating meaningful specifications for
a new facility.
As with most diverse, growing communities, Chula Vista has recently been challenged with more
complex and varied crime requiring innovative solutions. To date, solutions have been applied and
staff allocated as funding and other resources have become available. To expand these efforts, a
planned system of community-oriented and preventive policing and crime-fighting technologies needs
exspansion, supported by a comprehensive program of funding resources.
These and other recent developments related to growth now necessitate that the Police Department
formulate a Strategic Plan to meet near-term and future challenges.
CONSULTANT SELECTION PROCESS
In December, 1998, names of potential consultants were obtained from the Internet, from the State of
California's Peace Officer Standards Training (POST) and the prepared Request for Proposal for
Professional Services was sent to professors at San Diego State University. Through conversation with
numerous resources, staff learned that there were few consultants specializing in the professional
services sought by the Police Department. The services sought by the Police Department are unique.
specialized and further do not belong to anyone professional society or group.
Due to the technical and specialized nature of the Strategic Plan envisioned for the Police Department
by the focus groups, it was difficult to locate consultants who had the requisite expertise in Police
Department Strategic Plans. Therefore, after researching consultants who may be responsive, and in
order to target all potential consultants, the Request for Proposal for Professional Services was sent
directly to seventeen (17) consultants identified by staff from their research rather than a notice to a
professional society or by publication in a newspaper. The Police Department received two (2)
proposals in response. Staff believes that the process of soliciting bids was highly competitive given
the nature of the services sought by the Police Department and the dearth of qualified experts available,
and therefore recommends that Council waive public announcement as impractical under these
circumstances.
Page 2 of 7
1t7---'¿
ITEM
Meeting Date 05/11/99
Both respondents were invited to attend a Police Department Strategic Planning update meeting that
included members from all eight Focus Groups. Immediately following the update meeting the Strategic
Plan Project Management Team (Selection Committee) interviewed both consultant firms. The Project
Management Team consisted of a Police Captain and Lieutenant, Police Crime Analyst Manager,
consultant/facilitator Alan Kumamoto and a City Senior Administrative Analyst. The following are the
results of the Selection Committee's analysis in rank order:
Consultant Score Fee
The Warner Group 1527.5 $72,013
Law Enforcement $68,900
887.5
Assistance Network
The Selection Committee completed rating sheets and the two finalists were scored using the criteria listed
below. Each criteria had a weight of from 5 to 15 points. Members were instructed to rate each firm on
a scale from 1 to 5 (5 being the highest) in each category. The rating number was then multiplied by the
weighted points to obtain a score for each criteria. The total points for each firm, listed in the above table.
were compiled from the final scores for each criteria (5 raters x each criteria score x weighted number =
final score for each firm, maximum points possible 1625).
The criteria utilized by the Selection Committee was:
1.
2.
3.
4.
5.
6.
Related project experience
Firm's ability and capacity to perform the work
Methodology employed to ensure project success
Management approach for technical requirements
Time schedule planned for this project
Quality of oral presentation
15 points weight
10 points weight
10 points weight
15 points weight
10 points weight
5 points weight
At the conclusion of the process The Warner Group scored highest points because of its experience in
Strategic Planning, its interpersonal skills noted in the interview process, its community-teamwork
philosophy, and its knowledge of the proposed project.
Page 3 of 7
I~-J
fø/J /ß/Y
ITEM
Meeting Date 05/11/99
Three highly experienced professionals from The Wamer Group will actively participate as follows:
· Project Director:
· Technical Reviewer:
· Project Manager:
· Lead Consultant:
Randall A. King, Partner and Director of Performance Improvement Practice
Irma Fabular, Senior Manager
Yvette Toledo, Manager
Larry Bacharach
All team members have extensive strategic planning and information technology experience. and are highly
qualified to provide Chula Vista with management consulting guidance and leadership. Collectively, the team
members have assisted in the development of strategic and technology plans for organizations such as; the
Livermore Police Department; the San Diego County Sheriff; the San Diego Police Department; the
California Department of Corrections; the city of Torrance; the City and County of Denver Police and Sheriff
Departments; and many others. They will be assisted by other experienced consultants from The Warner
Group specializing in both organizational performance and technology improvement. A firm overview and
a project team profIle is included (Attachment D).
Although the costs associated with the selection of The Warner Group exceeded The Law Enforcement
Assistance Network proposed costs by $3,113, the Project Management Team unanimously agreed that The
Warner Group's ability and capacity to perform the task was far superior. Staff believes that the services
to be provided based upon the submitted proposals were fair and reasonable.
The Stratel!;ic Plan Components
Scope of Work:
Phase I - Project Organization - will include:
1. Project Kick-Off meeting with key employees.
Phase Il- Data Gathering and Validation - will include:
1. Meet With Focus Group Representatives - Meeting with individual focus group leaders.
2. Validated Focus Group Data - Review data provided by focus groups to ensure validity.
Consultant will ensure independent source checking and will supplement information with available
data.
3. Conduct Comparable Organization Review - Gather information about organizational and
management practices from other comparable police agencies.
Page 4 of 7
/t9~ 'f
ITEM
Meeting Date 05/11/99
Phase III - Internal and External Assessment - will include:
I. Interview Management, Staff, and Other Stakeholders - Confidential one-on-one interviews to
obtain priorities, community expectations, community values, current and future service levels and
measures of effectiveness and organizational structure.
2. Internal Work Element Assessment - will include:
A. Resource Development: (Assess Current Funding Sources) Review data provided by focus
groups to identify existing funding sources and assess additional sources.
B. Technologies: (Review Present Technology Systems) Review current data from
Technology Focus Group and document and assess the status and appropriateness of the
current systems.
C. Police Facility: (Assess Facility Needs) Review data from Police Facility Focus Group to
meeting
D. Organizational Development: (Assess Organizational and Management Practices) Review
of data collected and assess management structure and organization of department to
improve coordination and enhance leadership.
3. External Work Element Assessment - will include:
A. Population and Growth Management: (Document Service Demands Patterns and Trends)
Review data and develop service level projections for three, five and ten year intervals by
assessing growth projections, existing and desired service levels.
B. Regional Issues: (Evaluate Partnerships and Growth Projections) Using focus group data
a review and assessment of potential facility growth versus shared privileges, expanded
facility capabilities, and increased presence with regional public safety issues.
C. Social and Crime Trends: (Assess Future Forces) Using focus group data an analysis will
be made of social and crime trends over next several years.
D. Community Issues: (Evaluate Community Relations and Programs) Review data of
existing and planned community programs using data from COPS, community services and
business community relations.
Phase IV - Identify Strategic Issues - will include:
A. Develop Strategies and Requirements - The information gather in previous tasks will be
used to develop a complete list of strategies and resource requirements for the next five
years. The analysis will be structured around department areas of specific interest.
Page 5 of 7
¡¿f)rþ
ITEM
Meeting Date 05/11/99
Phase V - Strategic Plan Development - will include:
A. Facilitate Working Sessions - This will include review and recommended changes to the
Mission and Values statement.
B. Develop Goals Objectives and Strategies - Development of the goals, objectives and
strategies to address key issues.
C. Prepare Draft Strategic Plan - This will include describing methodology, finding and
recommendation.
D. Develop Performance Management System - This will include explanation of specific
implementations steps; suggested responsibility for implementation; and recommending
timing and milestones.
E. Finalize and Present Strategic Plan - The final copy will incorporate feedback from draft.
The plan will be presented to department management, employees and others deemed
appropriate .
The time schedule for completion of the project is estimated to be four and one half months.
Page 6 of 7
/tJ"'~
ITEM
Meeting Date 05/11/99
FISCAL IMPACT: A significant portion of the Strategic Plan is driven by issues directly associated with
citywide growth and matters concerning the Growth Management Oversight Commission. For this reason
Develop Impact Fees (OIF) will be used to fund this project. Based upon the responses to the Strategic
Plan Request for Proposal for Professional Services, and cost estimates for the scope of work, The Warner
Group indicated their fees would not exceed $ 72,013. Upon completion of the written Strategic Plan it
may be necessary to review the Strategic Plan in its entirety to identify whether any components included
in the plan are not growth related. Based upon that review it may be necessary to reimburse the DIF that
percentage of the project that it is not related to citywide growth.
Attachments A. Request for Proposal
B. List of Respondents
C. Contract Agreement
D. Firm Overview and Project Team Profile
SP A1l3 Award Contract
Page 7 of 7
/(;-7
RESOLUTION NO. /9'151
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING WAIVER OF CERTAIN ELEMENT OF COMPETITIVE BIDDING
PROCESS AND AWARDING A "NOT TO EXCEED" CONTRACT FOR
CONSULTING, VALIDATION, AND PROJECT MA~AGEMENT SERVICES FOR
THE POLICE DEPARTMENT STRATEGIC PLAN TO THE WARNER GROUP
AND APPROPRIATING $72,013 TO THE POLICE DEPARTMENT BASED ON
UNANTICIPATED REVENUE FROM DEVELOPMENT IMPACT FEES (DIF)
WHEREAS. as a resuit of numerous issues relateC to growth and dynamic changes
in policing, it is important that the Police Department formulate a Strategic Plan to meet
near-term and future challenges; and,
WHEREAS, on December 9, 1998, the Police Department formally began the
process of formulating ideas and compiling data for the department's Strategic Plan; and,
WHEREAS, this process has included approximately 80 staff members working in
eight focus groups, gathering and evaluating information for the Strategic Plan; and,
WHEREAS, in December, 1998, the Police Department identified vendors who would
be qualified and competent to provide consulting, validation, and project management
services for the Strategic Plan project; and,
WHEREAS, due to the technical, unique, and specialized nature of the Strategic
Plan envisioned for the Police Department it was very difficult to locate consultants who
had the requisite expertise in Police Department Strategic plans to provide the services
required by the Police Department; and,
WHEREAS, in January, 1999, due to the difficulty in locating potential responsive
bidders for the project the Police Department issued a Request for Proposal for
Professional Services to all potential consultants who would be qualified and competent
to provide consulting, validation, and project management services for the Strategic Plan
project; and,
WHEREAS, the names of potential consultants were obtained from the Internet,
from the State of California's Peace Officer Standards (POST), and from San Diego
State University professors; and,
WHEREAS, the services sought by the Police Department are unique, specialized
and do not belong to anyone professional society or group making publication
impractical; and,
WHEREAS, the Request for Proposal for Professional Services was sent directly
to seventeen (17) consultants identified by staff from thèir research rather than a notice
to a professional society or by publication in a newspaper; and,
/61-0
.. --"...._._~.-....- ._.._-,,-_.__.._...__._-----_..._--,---~.._-.
WHEREAS, out of the seventeen (17) Request for Proposals for Professional
Services only two (2) responses were received; and,
WHEREAS, this process for soliciting bids for the project was highly competitive
given the nature of services sought by the Police Department and the dearth of qualified
experts available justifying the waiver of public announcement as impractical under the
circumstances; and,
WHEREAS, after a careful examination and review of the qualifications,
experience, costs, and the criteria established by the Selection Committee, staff
determined that The Warner Group demonstrated competence and quaiifications for
the services required at a fair and reasonable cost to the City; and,
WHEREAS, the costs of implementing the contr~ct for the services of The
Warner Group shall not exceed $72,013; and,
WHEREAS, upon the completion of the Strategic Plan it may be necessary to
review the Strategic Plan in its entirety to identify whether any components included in
the Plan are growth related; and,
WHEREAS, based upon that review it may be necessary to reimburse the
Development Impact Fees (DIF) that percentage of the project that is not related to city-wide
growth;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby waive a certain element of the competitive bidding process, namely
public announcement of the Request for Proposal for Professional Services, as
impractical; and
BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does
hereby award the "not to exceed" contract for consulting, validation, and project
management services for the Police Department Strategic Plan to the Warner Group;
and,
BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does
hereby appropriate the sum of not to exceed $72,013 to the Police Department budget
based upon unanticipated revenue from Development Impact Fees (DIF).
Presented by:
Approved as to form by:
Richard P. Emerson
Chief of Police
~
jO-i
ATTACHMENT A
~V?-
~
, - - - -
"'~
-- ~ ~ ~
(llY OF
(HUlA VISTA
Strategic Plan
for the Chura Vista Police Department
Request for Proposal
Captain Leonard Miranda
Special Operations Division
Chula Vista Police Department
276 Fourth Avenue
Chula Vista, California 91910
December 21, 1998
/t1J"'/??
Table of Contents
I. Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
II. Introduction to the City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
III. Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
IV. Scope of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
V. Timeline and Completion Date ......................... 10
VI. Proposal Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
VII. Submission of Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
VIII. Selection Procedure ................................. 13
IX. Evaluation Criteria .................................. 13
X. Proposal Questions and Addenda . . . . . . . . . . . . . . . . . . . . . .. 13
It/' -II
I. Executive Summary
The City of Chula Vista is seeking proposals from qualified consultants to
develop a five-year Strategic Plan for the Police Department. Focus groups
are currently involved in gathering information and identifying future needs.
The successful candidate will demonstrate an ability to evaluate focus areas
determined by staff and prepare a comprehensive Five Year Strategic Plan.
II. Introduction to the City
The City of Chula Vista is located along the coastal area of San Diego
County, approximately six miles south of the City of San Diego and six miles
north of the U.S.-Mexico border.
Since 1985, Chula Vista has been one of the fastest growing cities in
California. Chula Vista is the second largest city in San Diego County,
with a current resident population of approximately 160,000. Population is
projected to increase by 40,694 before 2005, with an additional 45,922
between 2005 and 2030.
To accommodate the poþulation growth, 30,000 new single- and multi-family
dwelling units will be built', and over 1,200 commercial and industrial acres
developed by the City's projected build-out in the year 2030. However, as
much as 90% of the new development is expected to occur before 2015.
Other proposed development includes a $500 million bayfront project with
a four-story, 450-room resort hotel, 1000 condominium units and an 8.5-acre
park. The City also supports a community college, an increasing number of
local high tech businesses, an Olympic training facility, a nature interpretive
center, a new 20,000-capacity outdoor concert venue, a 560-slip marina,
and has earmarked land for a potential University of California campus.
, See Addendum A: Map of Major Development Projects.
Five-Year Strategic Plan RFP . December 21, 1998· 3
/ð~/.2..
III. Background
In 1988, the City adopted a series of growth management thresholds for
various city services. Among them were four police operations thresholds,
including response time to Priority 1 emergency calls. Since that time, the
Department has been unable to meet those thresholds, necessitating a
re-evaluation of resource allocation and a re-evaluation of the thresholds
themselves.
The Police Department's expanding programs and its staff have already
outgrown the present police facility. Projected growth will require further
updating staff and creating meaningful specifications for a new facility.
As with most diverse, growing communities, Chula Vista has recently been
challenged with more and varied crime requiring innovative solutions. To
date, solutions have been applied and staff allocated as funding and other
resources have become available. To expand these efforts, a planned
system of community-oriented and preventive policing and crime-fighting
technologies is needed, supported by a comprehensive program of funding
resources.
These and other recent developments related to growth now necessitate that
the Police Department formulate a Strategic Plan to meet near-term and
future challenges.
Five-Year Strategic Plan RFP. December 21,1998·4
/~~/;>
-----~--_._-,_..~_.__.---,--------,--_.__.._..._-_.
IV. Scope of Work
Introduction
Initial research and information-gathering is being performed by sixty-five
Police Department and City volunteers. Eight focus groups have been formed
to examine population and growth management, regional issues, technologies,
resource development, social and crime trends, community-level issues, the
police facility, and organizational development.
The Consultant should plan to be involved early enough in the planning
process to guide focus groups in:
·
Data-gathering and research methodologies.
The generation of meaningful recommendations for future needs.
Developing alternative solutions to problems and identified needs
(providing alternative solutions drawn from the Consultant's own
experience).
Performing appropriate cost-benefit analyses to support those solutions.
How often groups should be meeting to generate sufficient quality and
quantity of data, and how often the material should be reviewed by the
Project Management Team and the Advisory Committee2.
·
·
The Consultant should plan to:
·
Perform a rigorous validation and statistical re-analysis of all data
collected by the focus groups; supplemented by the Consultant's data.
Conduct a thorough review of focus groups' other findings (include
source verification, reconciliation with the research literature, and a
critical evaluation of workgroup recommendations.)
Provide examples of comparable cities' and police departments'
experiences, solutions, programs and other alternatives that were
applied under similar circumstances.
Collaborate with Police staff, City staff, and other project consultant(s) in
formulating the Strategic Plan.
2 See Addendum B: Strategic Plan Flowchart
Five-Year Strategic Plan RFp· December 21,1998·5
)£J-/,/
IV. Scope of Work
The Police Department has identified eight general areas of concern, outlined
below as Work Elements A through H. The Consultant should briefly outline
how they propose to study each of these elements. The proposal should
include the Consultant's plan to incorporate focus group findings in each area.
The Consultant should include additional work elements or tasks as deemed
appropriate.
Work Element A. Population and Growth Manaqement
The Strategic Plan should forecast the impact of growth on and include
appropriate recommendations relative to the following items:
1. Calls for Service (CFS) and factors contributing to the Police
Department's inability to meet Priority 1 threshold standards.
2. Original and current thresholds- their accuracy and appropriateness.
3. Deployment strategies - the need for beat restructuring, additional beats
and substations.
4. The staffing formula - patrol workload and staffing levels and the staffing
of different investigative units.
5. A 5-year Financing Plan to meet targeted staffing levels. (The plan
should identify annual incremental costs associated with proposed
staffing increases. The plan should further identify specific revenue
sources to offset those increases.)
6. The direction and structure of current and new investigative units and
investigative programs.
7. Support strategies - the civilianization of services.
8. Other appropriate items related to growth.
Work Element B. Resource Development
The Strategic Plan should forecast the impact of growth on, summarize
findings and include appropriate recommendations relative to the following
items:
1. The generation of new or novel sources of revenue such as bonds,
special districts, grants, sale of services, and donations.
2. Existing general revenue sources such as fines, fees and taxes.
3. Methods to reduce operating costs.
4. Other appropriate items related to resource development.
Five-Year Strategic Plan RFP· December 21,1998'6
j¿p-/þ
IV. Scope of Work
Work Element C. TechnoloQies
The Strategic Plan should forecast the impact of growth on, summarize
findings and include appropriate recommendations relative to the following
items:
1. Feasibility of acquiring and implementing the following systems:
· electronic integrated location/crime mapping,
· Global Positioning System (GPS) integrated with the
dispatch command screen,
· an electronic Records Management System (RMS) to
facilitate paperless reporting.
2. Additional permanent staff to support a Technologies Research and
Development unit.
3. Patrol vehicle enhancements including dash-mounted cameras and an
integrated fingerprint system.
4. "Less-than-Iethal" weapons such as rubber bullets, nets, etc.
5. Other appropriate technologies-related items.
Work Element D. Reaionallssues
The Strategic Plan should forecast the impact of growth on, summarize
findings and include appropriate recommendations relative to the following
items:
1. Regional Narcotics Team Concept. Identify staffing and equipment
costs to create a Chula Vista based office of the existing San Diego
County task force.
2. Modifications to existing Crime Laboratory, Shooting Range and Jail
versus off-site location contracts to handle current and near-term needs.
3. New Facility Crime Laboratory. Extent of expanded capabilities, shared
responsibilities and costs with regional laboratory, scope of
responsibilities to include offering fee-generating services.
4. New Shooting Range. Feasibility of a dedicated in-house facility versus
shared privileges with off-site regional facility.
5. Helicopter support.
6. SWATfTactical Response.
7. Other items appropriate for regional consideration.
Five-Year Strategic Plan RFP. December 21,1998.7
/tJ-/t
IV. Scope of Work
Work Element E. Social & Crime Trends
The Strategic Plan should incorporate focus group findings into all other
appropriate areas or work elements. Areas of particular concentration include:
1. General crime trends and their underlying social trends.
2. Juvenile crime trends and contributing social trends.
3. Trends in technology crime, industrial crime and drug crime and
possible contributing social trends.
4. Domestic crime trends such as sex offenses, domestic violence and
child abuse and their underlying social trends.
Work Element F. Community Issues
The Strategic Plan should forecast the impact of growth on, summarize
findings and include appropriate recommendations relative to the following
items:
1. Evaluation of new and existing community programs, including crime
prevention programs and programs to address transiency.
2. Changes to the Community Oriented Policing model and types of police
services offered.
3. Issues related to the business community.
4. Enhancement of the Citizens' Survey.
5. Other appropriate community program items.
Five-Year Strategic Plan RFp· December 21, 1998.8
/éJ-/')
IV. Scope of Work
Work Element G. Police Facility
The Consultant will have guided Police Facility Focus Group members in their
development of a needs assessment, a comprehensive list of recommenda-
tions, and cost/benefit analyses for each. The Strategic Plan should provide
well-supported recommendations for all areas of need specified by the focus
group, including:
1. Department-wide space needs assessment.
2. Inter-facility transitional requirements.
3. Services best provided from headquarters, substations, or regional
facilities.
4. Future space and equipment needs based on findings from other focus
groups in the areas of technology, regional issues, population and
growth management, and so forth.
In the coming months, the City plans to obtain the services of a second
Consultant to develop a concept design, facilities specifications assessment
(square footage, layout, etc.), and site analysis for the new police facility.
These will be based on recommendations proposed in the Strategic Plan.
Work Element H. Orqanizational Development
The Strategic Plan should forecast the impact of growth on, summarize
findings and include appropriate recommendations relative to the following
items:
1. Employee development plan.
2. Leadership/Management development plan.
3. Ongoing professional training for officers and other Department
employees.
4. Examination of a trouble-shooter concept.
5. Adequacy of rank structure.
6. Other appropriate organizational development items.
Five-Year Strategic Plan RFp· December 21,1998·9
/¡J/-/r
IV. Scope of Work
Work Element I. Report and Presentations
Consultant will be responsible for:
1. Compiling data generated by the eight focus groups, and data and
information obtained independently, into a comprehensive report to the
Police Department.
2. Presenting initial findings and recommendations to the Police Chief and
City Manager
3. Presenting final recommendations to the City's Growth Management
Oversight Committee (GMOC).
4. Presenting final recommendations to the City Council.
V. Timeline and Completion Date
Addendum C outlines the activities associated with development of the
Strategic Plan. Focus groups have been formed and are currently performing
tasks scheduled for the month of December. The Consultant would be
expected to begin work with focus groups as described in Section IV.
Introduction., as early as February 1.
The targeted completion date for the Strategic Plan is June 30,1999.
Five-Year Strategic Plan RFP· December 21,1998' 10
/6',-/1
VI. Proposal Contents
At minimum, your proposal should contain the following information:
1. Title page with Consultant firm name.
2. Description of experience with similar studies. Include a copy of one
such recent project, if available.
3. At least two references associated with similar projects.
4. Resumes of planned project personnel.
5. An initial assessment of problem areas presented in the Background
and Scope of Work sections.
6. A complete list of data items you will require from the Police
Department.
7. Description of your firm's plan to maximize participation in the study by
police personnel.
8. Total Not to be Exceeded cost and a cost breakdown for each of the
Elements in the Scope of Work section, based on estimates of:
the number of hours that should be devoted to each focus
area
. the number of Consultant staff required
. the hourly rate and availability of Consultant staff.
A Fee Schedule is provided for this purpose3.
9. A general estimate of the total time required from start to finish and
a total cost estimate for the project.
3 See Addendum D: Fee Schedule
Five-Year Strategic Plan RFP . December 21, 1998 . 11
/ c1? -- .2 ¿;?
-------~-"-_.._---_.._---_._--~-----_..-
VII. Submission of Proposal
Five (5) copies of proposal must be submitted by 1 :00 p.m.. January 25, 1999,
to:
Captain Leonard Miranda
Special Operations Division
Chula Vista Police Department
276 Fourth Avenue
Chula Vista, California 91910
Proposals will not be accepted or considered after 1 p.m. on the closing date.
Proposals received after the submission deadline will be returned unopened.
Oral comments do not form a part of this RFP.
There will be no public bid opening. Proposals submitted will become the
property of the City of Chula Vista and will not be returned.
This solicitation does not commit the City of Chula Vista to pay any costs
incurred in the preparation and submission of proposals, nor to procure or
contract for services.
Your decision to submit or not to submit a proposal for this study will NOT
affect the City's decision regarding the police facility proposal. Selection of a
Consultant for the present study will be made independently of the selection
for the facility study Consultant.
Please direct any questions to Captain Miranda at (619) 691-5230.
Five-Year Strategic Plan RFp· December 21,1998' 12
/t9,.~/
VIII. Selection Procedure
Consultant selection for this project will be based upon the content of the
proposal, the firm's related experience in the areas outlined, qualifications,
business standing, references, schedule of estimated costs, and a formal oral
interview. Final agreement with the selected consultant will be subject to
negotiations. Furthermore, the consultant selected will be required to enter
into the City's standard two-party agreement (copy available upon request).
The successful respondent shall produce proof of general liability insurance
and errors and omissions insurance in an amount not less than one million
dollars.
IX. Evaluation Criteria
1. The consultant's experience preparing strategic plans.
2. The consultant's demonstrated understanding of the City's and Police
Department's overall objectives.
3. The consultant's project approach.
4. Consultant's past experience relative to this project?
5. A reasonable assessment of estimated project costs.
X. Proposal Questions and Addenda
Any changes made to this RFP will be posted and mailed to firms of record.
Any further addenda will be numbered in sequence, dated as of the date of
issue, posted and mailed by U.S. Mail.
The City reserves the right to waive any minor technicalities, informalities or
irregularities in any proposal or proposals received.
Five-Year Strategic Plan RFP· December 21,1998' 13
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Addendum C
Planning Timeline
" December: 1 - 1 2
12/9 Kick Off Meetina
Plannina & Oraanizina
" December. 13 - 31
SWOT Assessment &
Stakeholder Analysis,
" January: 1 - 1 6
FG: Submit SWOT &
Stakeholder Analvsis
" January: 17 - 31
FG: Brainstorm & Prioritize
Ideas & Determine Key
Issues
" February: 1 - 13
FG: Submit Ideas IKev Issues)
" February: 14 - 28
FG: Begin Research & Data
Collection
" March: 1 - 1 3
FG: Reoort Research Findinas
" March: 14 - 31
FG:Develop Strategies to
Manage Key Issues
" April: 1 - 17
FG: Reoort Strateaies
Planning Timeline
" April: 18 - 30
FG:Develop Resource
Requirements &
Implementation Plan
" May: 1 - 1 5
FG: Submit Draft Stratecic
Plans
" May: 1 6 - 31
FG: Resubmit Strateaic
Plans & Make Presentation
" JUNE, 1999
FG Drah Plans are integrated
and a Combined Plan is
Written
-- -- --
~U."IA\\.I¡(
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Consulting Firm Name:
Addendum 0: Fee Schedule Attachment
WORK ELEMENT
Projected
Hourly Hours Total
Name and Title WaQe Required -L
$ $
$ $
$ $
$ $
$ $
Subtotal $
INDIRECT EXPENSES:
Projected
Hours Total
Item Cost Required -L
$ $
$ $
$ $
Subtotal $
TOTAL COST OF WORK ELEMENT: $
TOTAL COST OF ALL WORK: $
/¿9'- ..Lv
----_.~._-_._--_.~_.,_._."_._.._...._--,..__....,.._.
ATTACHMENT B
CONSULTANTS FOR THE STRATEGIC PLANNING COMMITTEE
Mr. Richard Wright, Director
1700 Main Street
Santa Monica, CA 90407
Mr. Chuck Wexler
2300 M. St.
NW, Suite 910
Washington, DC 20037
TBW Presenter
5042 Woodman Ave.
Riverside, CA 92506
Ms. Cheryl Cromwell
1700 N. Highland Ave. #688
Hollywood, CA 90028
Mr. Herman Sillas
444 S. Flower #1800
Los Angeles, CA 90071
Ken Marino, Ph.D. Associate Dean
UCSD
5500 Campanile Drive
San Diego, CA 92182-8238
Deloitte & Touche LLP
Ms. Heidi Taylor
10000 Wilshire Blvd., #1500
Los Angeles, CA 90017-2472
Mr. Michael Mount
5715 Marconi Ave.
Carmichael, CA 95608
Dr. Richard Cervantes
291 S. La Cienega Blvd, #308
Beverly Hills, CA 90211
Mr. Mariano Diaz
1440 Hope Road
Newbury Park, CA 91320
Dr. Alex Norman
17350 Sunset Blvd. #701-C
Pacific Palisades, CA 90272-4109
Mark C. Butler, Ph.D. Professor
UCSD
5500 Campanile Drive
San Diego, CA 92182-8238
/&--27
The Warner Group
Ms. Irma J. Fabular
5950 Canoga Avenue, #600
Woodland Hills, CA 91367
Law Enforcement Assistant
Network
2079 Rancitos Way
Palm Springs, CA 92264
Mr. Donald Burnett
Mr. Peter Manzo
315 W. 9th St, #1100
Los Angeles, CA 90015
Dr. Morgan Lyons
315 W. 9th St., #401
Los Angeles, CA 90015
Dr. John Tateishi
55 New Montgomery, #625
San Francisco, CA 94105
ATTACHMENT C
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE WARNER GROUP
for Development of a Police Department Strategic Plan
This Agreement ("Agreement"), dated April 30, 1999 for the purposes of reference only,
and effective as ofthe date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit
A, paragraph S, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perfonn all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties" , Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to tenninate this
Agreement.
/ ¿fl - ,;L~
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services (" Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (C) plus expenses not to exceed 15 % of fees,
unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies
of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better,
or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
2
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Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9. unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates ofInsurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent
to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
3
/é? ~ 31/
-_._'~---'.._... . -'-'--"'--~--'----------"'--"
In the event that Exhibit A, at Paragraph I9, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In addition thereto, City agrees to
provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with
the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
4
/¿? ~ J I
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Delay
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
The Consultant shall not be held liable for delays in the Project caused by the City's
failure to perform its obligations in a timely manner. A project schedule shall be agreed upon by
the City and Consultant. In the event that the Project Schedule is delayed more than 30 days,
through no substantive fault of the Consultant, Consultant shall have the right to request a review
of the Project Schedule and the scope of services under this Agreement. Such review shall be
conducted with the Project Manager and other necessary City officials and may result, if mutually
agreed upon in writing, in a formal revision of the Project Schedule and a change in the
Consultant's fees and expenses.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph IS, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph IS of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
5
/ tf? - .3 ,2...
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph IS.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this
Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City .
Consultant may not conduct or solicit any business for any party to this Agreement, or for
6
/tfl-;!>;5
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
The Consultant agrees to indemnify, defend, and hold harmless the City, its officers,
employees and agents, from and against any and all claims, demands, liability, and for any costs
or expenses, including reasonable attorney's fees incurred by the City whatsoever for injury to any
person or property, including the Consultant, its officers, employees, or agents, the City, its
officers, employees or agents, or other persons arising out of or resulting from the Consultant's
performance under this Agreement, unless such injury is caused by the sole negligence or willful
misconduct of the City, its officers, employees or agents.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder and less any damages caused by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultant's negligence,errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors or omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit the City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfmished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
7
/tJ~ 3f
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants" .
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
ports, studies. data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
8
/P-J5'
--_. --".-.,---.--..
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
16. Statement of Costs - Not applicable
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that -neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing to the Contract Administrator. All notices, demands and requests
to be sent to any party shall be deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested, at the addresses identified herein as the places of business
for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified,
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waived or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principals to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawlVenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
G. Year 2000 Compliance
Nothing in this contract/agreement represents or guarantees in any manner that City is, or
will be, protected against issues arising from Year 2000 compliance, or lack of, attributed to
computer systems, hardware, software, documentation, or processes.
End of page. Next page is Signature Page.
10
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SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE WARNER GROUP
for Development of a Police Department Strategic Plan
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
,19_
City of Chula Vista
Dated:
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
[Name of Consultant]
By:
John M. Kaheny, City Attorney
[name of person, title]
Dated:
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
(X) Exhibit A.
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EXHIBIT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE WARNER GROUP
1. Effective Date of Agreement: May 11, 1999
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
3. Place of Business for City:
City of Chula Vista,
276 Fourth A venue,
Chula Vista, CA 91910
4. Consultant: The Warner Group, Management Consulting
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
5950 Canoga A venue, Suite 600
Woodland Hills, California 91367
Voice Phone (818) 710-8855
Fax Phone (818) 710-1467
7. General Duties:
Assist City of Chula Vista Police Department in its efforts to create a strategic plan, as
described in the Consultant's proposal.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Required assistance will include:
Coordinating existing Police Department focus groups,
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analyzing and augmenting focus group collected data,
developing goals, objectives, and action plans for police department strategic issues,
developing criteria to measure progress, and
linking the Police Department's strategic plan to the City's Growth Management efforts,
as described in the Consultant's proposal dated March 11th 1999.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Final Strategic Plan and Presentation - September 1999
D. Date for completion of all Consultant services:
September 1999
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: Not applicable.
11. Compensation:
A. Single Fixed Fee Arrangement. Not Applicable
B. Phased Fixed Fee Arrangement. Not Applicable.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
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(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consuttant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for
$ 72,013 including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Partner Randall A. King $155
Senior Manager Irma Fabular $155
Manager Yvette Toledo $155
Senior Consultant Jennifer Litton $155
Consultant Larry Bacharach $155
() Hourly rates may increase by 6% for services rendered after [month], 19_,
if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
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() None, the compensation includes all costs.
Cost or Rate
(X) Reports, not to exceed $ see note
(X) Copies, not to exceed $ see note
(X) Travel, not to exceed $ see note
(X) Printing, not to exceed $ see note
(X) Postage, not to exceed $ see note
(X) Delivery, not to exceed $ see note
(X) Long Distance Telephone Charges, see note
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
Cumulative cost of out of pocket expenses checked above, not to exceed: $ 9,393: 15 %
13. Contract Administrators:
City: Leonard Miranda, Captain Special Operations, 2764"' Avenue, Chula Vista, CA
91910, (916) 691-5230
Consultant: Randy King, Chief Executive Officer, 5950 Canoga Avenue, Suite 600,
Woodland Hills, CA 91367, (818) 710-8855
14. Liquidated Damages Rate: Not Applicable
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
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() Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
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/t9--7Y
19. Security for Performance (N/A)
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10 %
( ) Retention Amount: $
Retention Release Event:
(X ) Completion of All Consultant Services
( ) Other:
17
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ATTACHMENT D
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The Warner Group is a professional firm providing management consulting services to
government and industry throughout the nation. Since the firm was organized in January
1980, it has grown to where we now possess one of the largest in-house, full-time public
sector consulting staffs in the nation with over 60 full-time consultants located in our Wood-
land Hills and Sacramento offices.
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The Warner Group is fully committed to the successful completion of each assignment. This
commitment is supported by the extensive consulting assistance we have provided to
hundreds of clients, our insight into the needs and goals of government agencies, and the
extensive knowledge we have gained from many public and private sector engagements.
Our Performance Improvement Practice
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Our consultants are fully experienced in all aspects of management and organizational
consulting. We are a recognized leader in operations analysis and organizational assess-
ment, examining areas such as organizational structure in light of stated objectives, roles
and responsibilities, and decision-making processes. We have conducted many strategic
planning assignments, and have assisted clients in defining missions, objectives, strategies
and measures of performance. We have analyzed workflow and core business processes,
and have made recommendations for incremental improvements or for complete business
process reengineering in order to improve efficiency and effectiveness. We also have as-
sisted many clients in training their personnel in strategic planning, quality initiatives and
organizational change.
Our experience in performance improvement includes:
Management Reviews/Audits
· Organizational Structure/Design
· Comparable Agency Surveys
· Cost-Benefit Analysis and Cost
Reduction
· Customer and/or Employee Surveys
· Teamwork, Leadership,
Communications
· Group Problem Solving and Decision
Making
· Training and Facilitation
Business Process Reengineering
· Workflow Mapping and Analysis
· Alternative Process Generation
· Non-Value-Added Task Identification
· Work Process Redesign
· Benchmarking and Best Practices
· Change Management
Strategic Planning
· Environmental Scans
· SWOT Analysis
· Management Facilitation
· Mission, Vision, Values
· Strategic Direction, Goals, Objectives
· Implementation Planning
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Change Management!
Total Quality Management
· Initiating and Managing Change
· Continuous Quality Improvement
· Approaches to Radical versus
Incremental Change
Market Assessment
· Competitive Research
· Market Analysis and Forecasting
· Political, Environmental and Regulatory
Assessment
· Scenario Analysis
Communications
The Warner Group has assisted dozens of public sector agencies in developing improved
communications systems. As a result, we are uniquely familiar with the diverse
communications approaches in use. We work with city, county, and multi-jurisdictional
agencies in a variety of assignments including:
· E 9-1-1 Telephone Systems · Microwave Radio
· Radio Systems Design · Digital Paging
· 800 MHz Trunked Radio Systems · Cellular Technology
· Consolidation and Regionalization · Videoconferencing
· Local Area Networks (LAN) · Closed Circuit Television (CCTV)
· Wide Area Networks (WAN) · Interface with County and State Sys-
· Telephone Systems Development tems
· E 9-1-1 Facilities · Interface with National Databases
· Dispatch Consoles and Furniture · Multi-Jurisdictional Dispatching and
· Automatic Vehicle Location Systems Communications
· Mobile Data Communications · Joint Powers Authorities
· Packet Radio · Contingency Planning
We are a recognized leader in communications systems design. The Warner Group has
been retained by many agencies to as_~ist in developing improved communications both
internally and with other local, state or federal agencies.
Information Technology
The Warner Group's approach to information technology projects has two notable character-
istics: 1) We employ an interdisciplinary approach, utilizing organizational effectiveness and
communications specialists as well as system architecture and business application experts;
and 2) we provide services covering the full project life-cycle, including assistance in
strategic technology planning, system design, procurement, contract negotiations,
staffing/support analysis, and implementation. The Warner Group has assisted in the
planning, design, development, and implementation of hundreds of information systems.
Some examples of The Warner Group's services and areas of expertise are as follows:
System Architecture Ana/ysis
· Database Management Systems
· Client/Server
· Internet/lntranets
· Communications Networks
· Imaging Systems
· Infrastructure Analysis/Planning
· Integration and Interfaces
Business App/ications
· Utility Systems
· Finance, Accounting, Budgeting
· Human Resources
· Office Automation
· Geographic Information Systems
· Fleet Management
· Permit and Code Enforcement
· Work Orders
· Document and Photo Imaging
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Information Technology Services
· Strategic Technology Planning
· Feasibility Studies
· Information Modeling
· Project Management & Quality Assur-
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· Procurement & Contract Negotiations
· Disaster Recovery Planning
· Needs Analyses, Design, Costing
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Facilities
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Public Safety Systems
· Computer Aided Dispatch
· Records Management Systems
· Mobile Data Computing
· Fire Incident Reporting
· Emergency Medical Systems
· Crime Analysis
· Courts
· Jails/Corrections
· Integrated Justice Systems
· Automated Fingerprint Identification &
Mugshot System
The Warner Group has assisted many public agencies in planning and implementing new
municipal facilities. We have extensive experience in communications facilities design
including:
· Planning and Layouts
· Wire and Cable Design
· Communications Cabling and Conduit
· Emergency Power Requirements
· HVAC
· Security Monitoring Systems
· Computer Room Requirement
The Warner Group has successfully assisted many agencies in planning, procuring and
implementing new technology in their new facilities.
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II PROJECT TEAM
The Warner Group has assembled a team of specialists with the requisite skills and knowl-
edge necessary to successfully prepare a Strategic Plan for the Chula Vista Police Depart-
ment. The team, which is described below, possesses expertise in all areas of law en-
forcement operations, community based strategic planning, technology planning, process
improvement and team and individual performance enhancement. In addition, the project
team has recent experience in conducting similar studies for other public sector organiza-
tions.
Mr. Randall A. King, Partner-in-Charge of our Performance Improvement consulting prac-
tice, will have ultimate responsibility for the successful completion of this project and will
serve as project director. Mr. King has been responsible for completing organization and
operations analysis of public safety agencies and, management audits, strategic planning,
and information systems consulting assignments for over two hundred public agencies.
Ms. Yvette M. Toledo, a Manager of The Warner Group, will serve as project manager. Ms.
Toledo has extensive consulting experience in conducting strategic, communications and
technology planning projects. She served as lead consultant on several such studies in-
cluding strategic plans for the Livermore Police Department, City of Torrance, California
Department of Corrections and California Department of Motor Vehicles. Ms. Toledo also
led a significant market entry study for Rockwell International. Ms. Toledo also possesses
extensive public sector experience .!!.aving served as a Legislative Assistant both in the
United States Senate añd for Hie Governor of California.
Mr. Lawrence Bacharach, a Consultant of The Warner Group, will assist in all aspects of
the project. Mr. Bacharach has significant experience with municipal organizations and
operations. Mr. Bacharach is also an expert in statistical analysis having conducted per-
formance analysis and survey analysis for a number of municipal agencies.
Ms. Irma Fabular, a Senior Manager of The Warner Group, will act as Technical Review on
the project and provide an independent, internal quality assurance function. Ms. Fabular is
a recognized expert in information and communications technology strategic planning. Ms.
Fabular is currently assisting the San Diego County Sheriff in managing a $3.5 million multi-
agency CAD system implementation. She is also assisting the Sacramento Regional
Fire/EMS Communications Center in managing the implementation of its $3.5 million CAD
and RMS systems. .
Biographic sketches of the project team follow. Should additional consulting expertise be
required, The Warner Group can draw upon other members of our full-time consulting staff.
Randall A. King
Mr. King is a Principal and Chief Operating Officer of The Warner Group with responsibility
for leading Organizational Effectiveness engagements in government and industry. He has
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over twenty years of work experience including management positions in government and
consulting.
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Mr. King has a comprehensive background in government operations, information and
communications systems. He has successfully completed consulting assignments for over
two hundred organizations throughout the United States. Mr. King's experience includes the
design, selection and implementation of business and specialized systems for cities, coun-
ties and state agencies throughout North America. He has also conducted financial feasibil-
ity and productivity improvement studies and performed various financial and staffing analy-
ses to enhance organizational effectiveness. Most recently, Mr. King has assisted several
cities, leading private sector companies and State of California agencies improve their
business strategy, work processes and organizational performance.
Prior to joining The Warner Group, Mr. King was Director of Consulting for the western
region of Coopers & Lybrand, an international accounting and consulting firm. In this ca-
pacity, he led consulting project teams in government and industry assignments during a
four-year period. He also served as City Manager in Telluride, Colorado, Assistant City
Manager in Simi Valley, California, and Administrative Analyst for the City of Los Angeles.
Mr. King holds a Master in Public Administration degree from the University of California at
Los Angeles and a Bachelor of Art with specialization in Urban Studies from California State
University at Northridge. He is a frequent speaker at various state and national conferences
and seminars.
Irma J. Fabular
Ms. Fabular is a Senior Manager with The Warner Group. Ms. Fabular's areas of expertise
include strategic planning for information and communications technology; assessing and
defining data and functional requirements; developing procurement documents: evaluating
and selecting systems: negotiating contracts; managing system implementation projects;
and independent validation and verification of system development and implementation
projects. Ms. Fabular has worked extensively with integrated, state-of-the-art information
systems including computer aided dispatch (CAD), records management (RMS), message
switches (MSS), mobile data, satellite-based automatic vehicle location (AVL), crime analy-
sis, human re sources (HRMS), document imaging, and geographic information (GIS).
Ms. Fabular is assisting the San Diego County Sheriff in managing a 53.5 million multi-
agency CAD system implementation. She is also assisting the Sacramento Regional
Fire/EMS Communications Center in managing the implementation of its $3.5 million CAD
and RMS systems.
Ms. Fabular's other recent projects for local, regional, and statewide public sector agencies
include a statewide intelligence network feasibility study for the California Highway Patrol; a
review of system development and implementation strategy for the Automated Regional
Justice Information System (ARJIS) Joint Powers Authority; and a strategic plan for inte-
grated communications center systems for the San Francisco International Airport.
Prior to joining The Warner Group, Ms. Fabular managed the implementation and/or opera-
tional maintenance of multi-platform public safety information and communications systems
for the San Diego Fire Department and the San Diego Sheriffs Department, each serving
populations of over 1.2 million. In addition, Ms. Fabular held other positions with Computer
Sciences Corporation, University of California Medical Center, and IMED Corporation, where
she specialized in systems analysis and design, database design and management, and
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software engineering for various information systems for finance, human resources, health
care, and manufacturing.
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Ms. Fabular received a Master's of Science degree in Systems Management with an em-
phasis in Information Systems from the University of Southern California, and a Bachelor's
of Science degree in Business Administration from San Diego State University.
Yvette M. Toledo
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Ms. Toledo is a Manager of The Warner Group. Her areas of expertise include community
strategic planning, organizational analysis, change management. and market research.
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Ms. Toledo has extensive experience in law enforcement strategic planning. She is cur-
rently leading an organizational assessment and strategic planning project for the Livermore
Police Department. This study includes an overview of current staffing levels, job functions,
roles and responsibilities. To date, the recommendations of the study have been accepted
by the agency, and The Warner Group is assisting in the implementation of the recommen-
dations.
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She is also currently managing a project for the California Department of Corrections. She
previously led a strategic planning assignment for the Department. This assignment in-
cluded extensive data gathering, facilitating senior level management and conducting site
visits throughout the State. Currently, she is conducting a technology planning effort for the
Department.
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Ms. Toledo was also the lead consultant on the City of Torrance community-based Strategic
Plan. This assignment included designing and administering four community surveys:
identifying and analyzing economic, demographic, and technological trends; conducting best
practice research; and facilitating focus group discussions and team meetings.
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Prior to joining The Warner Group, Ms. Toledo served as a Legislative Aide in the United
States Senate. In this position, Ms. Toledo performed legislative research and analysis,
assisted in the drafting of legislation and coordinated with committees on legislative lan-
guage. Ms. Toledo also worked as a Legislative Aide for the State of California. In this
position she coordinated input from the State on federal legislation affecting a number of
California agencies and departments.
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Ms. Toledo graduated from the University of California at Los Angeles with a Bachelor of
Arts degree in Political Science. She earned a Master of Business Administration degree
from the University of Southern California, with a dual concentration in Finance and Market-
ing. Ms. Toledo is a frequent speaker at national and regional conferences. In the last year,
she has presented at the Government Technology Conference, League of California Cities
Conference and the Association of Public Safety Communications Officials National Confer-
ence. Ms. Toledo is fluent in Spanish.
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Lawrence A. Bacharach
Mr. Bacharach is a Consultant with The Warner Group. His areas of specialization include
quality control. organizational effectiveness, and strategic planning, as well as public policy,
legislative analysis, and facilitation. He is experienced in benchmarking, surveying, and
various statistical and general research methodologies.
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Prior to working with The Warner Group, Mr. Bacharach led the State of Connecticut's Office
of Policy and Management in developing a vision of customer-driven state government.
Mr. Bacharach's work included consensus-gathering and formulation of a program mission,
a strategic vision document, and an implementation plan to modernize service delivery
between state permitting agencies and the regional business community.
Mr. Bacharach also worked as a Program Director in Governmental Affairs for the Los
Angeles Area Chamber of Commerce. As a Program Director he represented the southern
California business community before regional, state, and federal agencies on issues of air
quality and water reliability. He also participated in the formation and writing of the nation's
first multi-industry pollution trading market - the Regional Clean Air Incentives Market
(RECLAIM), and created and directed a statewide initiative to streamline three-way commu-
nication between the environmental community, the business community and the EPA.
Mr. Bacharach received a Master of Business Administration degree from the Yale School of
Management with emphases on management of the pubic sector, management of the non-
profit sector, and strategy. Mr. Bacharach also holds a BA in Quantitative Economics and
Decision Sciences from the University of California at San Diego.
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AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE W.4.~'\'ER GROL'P
for Development of a Police Department Strategic Plan
This Agreement ("Ab'Teement"), dated April 30. 1999 for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicatcd on Exhibit A, parab'Taph 2, as such
("City"), whose business fornl is set forth on Exhibit A, parab'Taph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
parab'Taph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
parab'Taph 6 ("Consultant"). and is made with reference to the following facts:
Recitals
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consu1tant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Ab'Teement:
NOW, THEREFORE BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consu1tant's Duties
A. General Duties
Consu1tant shall perform all of the sen'ices described on the attached Exhibit A, Parab'Taph
7, cntitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perfornl all of the sen·ices described in Exhibit A, Parab'Taph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Parab'Taph 8, and deliver to City such Deliverables as are identified in Exhibit A.
Paragraph 8. within the time frames set forth therein, time being of the essence of this ab'Tcement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Sen'ices", Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to ternlinate this Agreement.
C. Reductions in Scope of Work
]
/6lr .5',2-
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant ab'Tee to meet in good faith and confer for the purpose of negotiating a corrcsponding
reduction in the compensation associated with said reduction,
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Semces" ¡,
and upon doing so in writing, if they are within the scope of services offered by Consultant.
Consultant shal1 perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph I I (C) plus expenses not to exceed 15% offees, unless a separate
fixed fee is otherwise agreed upon. Al1 compensation for Additional Services shall be paid month]\'
as billed,
E. Standard of Care
Consultant. in performing any Services under this ab'Teement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
fol1owing insurance coverages, in the fol1owing categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or bettcr, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Parab'Taph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to cach
project away from premises owned or rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage"),
Errors and Omissions insurance, in the amount set forth in Exhibit A, Parab'Taph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
2
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G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to thc
commencement ofscrvices required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Para¡;raph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City
a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Parab'faph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediatcly
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank
a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this
Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term.
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in
the parenthetical space immediately preceding the subparab'faph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
3
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satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shal1 regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shal1 permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing rrom Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more rrequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph I I, adjacent to the governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subject to the requirements for retention set forth in parat,'Taph 19
of Exhibit A, and shal1 compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shal1 contain sufficient information as to the propriety
of the bil1ing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
4
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-"--~._-~----_._._---_.
This A,b'Teernent shalJ telTIlinate when the Parties have complied with all executory
provisions hereof.
5. Delay
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shan be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and win not be h'Tanted for delays to minor portions of work unless it can be
shown that such delays did or win delay the progress of the work.
The Consultant shan not be held liable for delays in the Project caused by the City's failure
to perform its obligations in a timely manner. A project schedule shan be agreed upon by the City
and Consultant. In the event that the Project Schedule is delayed more than 30 days, through no
substantive fault of the Consultant, Consultant shan have the right to request a review of the Project
Schedule and the scope of services under this Agreement. Such review shan be conducted with the
Project Manager and other necessary City officials and may result, if mutuany agreed upon in
v.1Ìting, in a formal revision of the Project Schedule and a change in the Consultant's fees and
expenses.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed
to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure
provisions, and shan report economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
5
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-------,._----,"-.-.
have an economic interest which wou]d conflict v,.'ith Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant wilJ immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which may be the subject matter of the
Defined Services, or in any property within 2 radial miles ITom the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph IS.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term ofthis Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant Associates shalJ not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
The Consultant agrees to indemnify, defend, and hold harmless the City, its officers,
employees and agents, ITom and against any and alJ claims, demands, liability, and for any costs or
expenses, including reasonable attorney's fees incurred by the City whatsoever for injury to any
6
/L1J/.3?
person or property, including the Consultant, its officers, employees, or agents, the City, its officers,
employees or agents, or other persons arising out of or resulting from the Consultant's performance
under this Agreement, unless such injury is caused by the sole negligence or willful misconduct of
the City, its officers, employees or agents.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
ab'Teements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifYing the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder and less any damages caused by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultant's negligence,errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors or omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit the City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifYing the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
] I. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City. City hereby consents to the assignment of the
portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
7
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identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
AI1 reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shal1 be subject to private use, copyrights or patent rights by Consultant in the United States or in
any other country without the express written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, fOTITIS or other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shal1 perfoTITI as an independent
contractor with sole control of the manner and means of perfoTITIing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for al1 purposes under this
Agreement. an independent contractor and shall not be deemed to be an employee of City, and none
of them shal1 be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payrol1 tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City haTITIless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code. as same
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth herein, and such policies and procedures used by the City in the implementation of
same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose ofresolving any dispute over the teTITIS of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shal1 be deemed to be the party who is awarded
substantially the relief sought.
8
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]6. Statement of Costs - Not applicable
J 7. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that -neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing to the Contract Administrator. All notices, demands and requests to
be sent to any party shall be deemed to have been properly given or served if personal1y served or
deposited in the United States mail, addressed to such party, postage prepaid, registered or certified,
with return receipt requested, at the addresses identified herein as the places of business for each of
the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified. waived
or discharged except by an instrument in writing executed by the party against which enforcement
of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction rrom its principals to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
9
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federal or state courts located in San Diego County, State of California, and if applicable, the City
of Chula Vista, or as close thercto as possible. Venue for this A.greement, and pcrformance
hereunder, shall be the City of Chula Vista.
G. Year 2000 Compliance
Nothing in this contract/agreement represents or guarantees in any manner that City is, or
will be, protected against issues arising from Year 2000 compliance, or lack of, attributed to
computer systems, hardware, software, documentation. or processes.
End of page. Next page is Signature Page.
10
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SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE WARNER GROUP
for Development of a Police Department Strategic Plan
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating
that they have read and understood same, and indicate their full and complete consent to its tenns:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to fonn:
[Name of Consultant]
By: ~~ Gc,Co~ :v~
[name of person, title]
Dated:
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
(X) Exhibit A.
EXHffilT A
TO
]1
/t9--~~
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
THE WARNER GROUP
1. Effective Date of Agreement: May]], 1999
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
3. Place of Business for City:
City ofChu]a Vista,
276 Fourth Avenue,
Chula Vista, CA 919]0
4. Consultant: The Warner Group, Management Consulting
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
5950 Canoga A venue, Suite 600
Woodland Hills, California 91367
Voice Phone (8]8) 710-8855
Fax Phone (8]8) 7]0-1467
7. General Duties:
Assist City of Chula Vista Police Department in its efforts to create a strategic plan, as
described in the Consultant's proposal.
8. Scope of Work and Schedule:
A. Detai]ed Scope of Work:
Required assistance will include:
Coordinating existing Police Department focus groups,
analyzing and augmenting focus group collected data,
developing goals, objectives, and action plans for police department strategic issues,
developing criteria to measure progress, and
12
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linking the Police Department's strategic p]an to the City's Growth Management efforts,
as described in the Consultant's proposal dated March II th ] 999.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No. I: Final Strategic Plan and Presentation - September] 999
D. Date for completion of all Consultant services:
September] 999
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: Not applicable.
II. Compensation:
A. Single Fixed Fee Arrangement. Not Applicable
B. Phased Fixed Fee Arrangement. Not Applicable.
c. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms
and conditions:
(I) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein required of Consultant for
13
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$ 72,013 inc1uding aU Materials, and other "reimbursables" ("Maximum
Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant sha]] not be entitled to any
additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Partner Randa]] A. King $]55
Senior Manager Irma Fabular $]55
Manager Yvette To]edo $]55
Senior Consultant Jennifer Litton $]55
Consultant Larry Bacharach $]55
() Hourly rates may increase by 6% for services rendered after [month], 19 ,
if delay in providing services is caused by City.
] 2. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incùrred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or Rate
(X) Reports, not to exceed $
(X) Copies, not to exceed $
(X) Travel, not to exceed $
: see note
see note
: see note
14
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(X) Printing, not to exceed $ :see note
(X) Postage, not to exceed $ : see note
(X) Delivery, not to exceed $ see note
(X) Long Distance Telephone Charges, see note
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
Cumulative cost of out of pocket expenses checked above, not to exceed: $ 9.393: 15%
13. Contract Administrators:
City: Leonard Miranda, Captain Special Operations, 276 4th Avenue, Chula Vista, CA 91910,
(916) 691-5230
Consultant: Randy King, Chief Executive Officer, 5950 Canoga Avenue, Suite 600,
Woodland Hills, CA 91367, (818) 710-8855
14. Liquidated Damages Rate: Not Applicable
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( ) Not Applicable. Not an FPPC Filer.
(X ) FPPC Filer
() Category NO.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
() Category No.4. Investments in business entities and sources of income
which engage in ]and development, construction or the acquisition or sale of
real property.
() Category NO.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
() Category NO.6. Investments in business entities and sources of income of the
15
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type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
] 6. ( ) Consultant is Rea] Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter I y
() Other:
B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
() Other:
C. City's Account Number:
19. Security for Performance (N/ A)
( ) Performance Bond, $
( ) Letter of Credit. $
( ) Other Security:
Type:
Amount: $
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(X ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X ) Retention Percentage: 10 %
( ) Retention Amount: $
Retention Release Event:
(X ) Completion of All Consultant Services
( ) Other:
17
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know no slife depository of the \.Ilt1....te powers of
he society b\.lt the peopl. the...elv..: ..nd
f we think the.. not enLiqhtened eno\.lqh
o exercise their control with ..
hoLesome dheretion, th. ullledy 11
ot to ti!lke it fro.. them but to inform their
'i$cretion. Thom..s Jefferson
Septe..ber 28,
May 1, 1999
409 Palm Ave., Suite 100, Imperial Beach, CA 91932-1121 Tel: (619)429 7946
UNCOMMON KNOWLEDGE
or
WHAT YOU DON'T KNOW WON'T HURT THE
OIL/GAS/COAL/NUCLEAR (ENERGY) INDUSTRY
A lot of it is on the Internet, but who finds it and when they
do, who stops long enough to read it?
Would you
will stop
diesel)?
believe that
at a service
in 30
station
years, probably sooner, nobody
to fillerup with gasoline (or
Geoffrey Ballard, the second rediscoverer of the fuel cell, was
able to re-tire as chairman of Ballard Power Systems (Ballard),
a multi-millionaire in 1997, because of his re-rediscovery.
Ballard is the largest fuel cell manufacturer.
Within
replace
diesel,
30 years, the
the internal
natural gas
fuel cell,
combustion
and other
"burning" hydrogen (H2), may
engine, which burns gasoline,
hydrocarbons.
About 18 months ago, December 1996, Bradford Bates, manager
of al ternati ve power source technology at Ford Research Lab,
was telling people he didn't think his grandchildren would be
able to buy a fuel cell car. In June 1998, he said that it
would be quite surprising if they couldn't buy one. p
Robert Rose executive
non-profit Washington
that this (fuel cell
Director of Fuel Cells 2000, a private
D.C.-based educational organization says
use) isn't a trend, but, rather, a boom.
WHO'S USING FUEL CELLS?
Most car companies are betting on the fuel cell.
The Daimler Chrysler prototype
used -gaseous H2 storage tanks
fuel
to
cell
carry
van,
its
the
H2·
NECA
R
II,
,
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MAY 11999
Chrysler also teamed
with Arthur D. Little to develop a gasoline-fueled fuel cell
prototype vehicle this year. It also said that by 2015 fuel
cells might be the primary power source for its Concorde/lntrepid
cars.
Ford committed $420 million in December, 1997, to a joint venture
wi th Ballard and Daimler-Benz to produce a fuel cell powered
automobile.
Just before that in 1997, Daimler-Benz invested
$145 million in Ballard and they had formed two new companies,
DBB Fuel Cell Engines and Ballard Automotive Inc. with plans
to produce 100,000 fuel cell engines a year by 2005.
The three party alliance committed to having
fuel cell power trains available by 2004 to support
commercialization of fuel cell vehicles by all interested
automakers.
Ford hasn't decided which fuel to
gasoline or the ultimate, H2.
converters would be needed to strip H2
use, methanol, ethanol,
On-board
from the other three.
Mercedes-Benz also plans to use methanol in their compact car,
NECAR 3. Toyota and
Mazda , for their fuel cells, plan to use H
wi thout the need for on-board converters. Mazda would stor~
the H2 on board as a metal hydride. Toyota is also looking
at an on-board methanol converter for a 310-mile range between
fuelings
Daimler Chrysler has announced plans to mass produce fuel cell
power vehicles by 2004.
Daimler/Ballard demonstrated four fuel
cars and a bus before winter 1998. One
methanol fuel convertor; the other three
cell vehicles, three
car used an on-board
ran with on-board H2.
Geoff Budd of Ballard Power Systems, ~ancouver, British Columbia,
says (4/30/99) they put Ballard's first fuel cell bus on the
streets of Vancouver on January 26, 1993. It was unveiled to
the public in June. On October 23, 1998, three new fuel cell
buses, with Ford by then having a big stake in the DBB operation,
began operating on the streets of a Vancouver suburb.
Three new ones have been running in Chicago.
Volkswagen and Volvo expect to have a methanol-fueled fuel cell
car based on the "Golf" platform during 1999.
Toyota has put a fuel cell in the RAV4, its sport utility
vehicle.
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MAY 1 '\999
General Motors plans a methanol or gasoline fuel cell vehicle
by 2004 or sooner.
General Motors had an unreleased study which said that
non-polluting fuel cells could be mass produced for the same
cost as a conventional engine according to Alan Weisman who
was quoting Joan M. Odgen, a Princeton physicist, for his six
page article in the Mar. 19, 1995, Los Angeles Time Magazine.
[
Ford announced plans to put a fuel cell in one of its prototype
advanced P2000 vehicles.
companies were talking about
to offset global warming.
hydrolyze water to produce H2
In 1998 Mobil Corporation joined and herded Ford and Shell
International Oil Products joined and herded Daimler and Ballard
into the on-board gasoline processing fold.
Interestingly, Shell Ìnternational announced a new division,
Shell International Renewables, in October, 1997, with the hope
of capturing 10% of the global solar market before 2005. In
Bri tish Petroleum's The Shield Magazine, the head of B P Solar
"?lid. "One day this industry (solar) will be as big as oil."
These giant foreign oil
converting sunlight to electricity
The electricity could be used to
for fuel cells.
In 1998 United Technologies Corporation, with equity investor
Toshiba, formed International Fuel Cells LLC to adapt fuel cell
technology to transportation markets.
HYDROGEN SAFETY
But, is H2 safe? ?
"Remember the Hindenberg" is always mentioned by the present
day oil/gas/coal/nuclear industry to scare the public about
the dangers of H2. They'll show~ a motion picture of the
dirigible catching fire, burning and slowly sinking to the
ground. Nobody mentions that people escaped because it didn't
explode in a huge fire ball; 61 passengers survived; 36 were
killed in the fall, not from burning H," which simply
floated away as it would have had the ~xxon-Valdez transported
hydrogen instead of oil."
"_ _ _ hydrogen can be handled safely,
- sometimes better, sometimes worse and
from other fuels are respected.",
National Laboratory 1994 study.
if its unique properties
sometimes just different
according to a Sandia
Gasoline can be caused to explode
as electrostatic discharges caused,
walking across a rug. When used
it can't be quickly diluted with
by low energy ignition such
for instance, by a person
in unconfined places where
air, H2 is no more dangerous
-4-
MAY 1 ~S9
than gasoline.
WHAT A FUEL CELL DOES
Sir William Grove, a British lawyer and judge, discovered and
demonstrated the first fuel cell in 1839 after assuming that
if electrolysis were run backward, combining H and oxygen,
an electric current could be produced and use;¡- by a motor.
Nobody paid attention to fuel cells until
when Gemini and Apollo missions space scientists
and used them to supply cabin power. Now they
for space shuttle missions.
the 1960's
rediscovered
supply power
Fuel cells for automobiles can generate
are highly efficient and produce deep
gases, mainly carbon dioxide ~
oxide presently produced by catalytic
few or no air pollutants,
reductions in greenhouse
, but also nitrous
converters.
Vehicles powered by fuel cells are in reality electric vehicles,
but since they aren't powered by electric storage batteries
thev are called FCEV' s (fuel cell electric vehicles).
They have fewer moving parts and simpler dr1.ve
trains and require less maintenance than conventional autos
powered by internal combustion engines.
The driving range, distance between stops for fuel, will be
about the same as for internal combustion vehicles.
Operation of FCEV's should cost no more than internal combustion
engine vehicles, because although H2 may cost more per unit
of energy, higher economy in FCEV's make them equal or better.
FCEV's using H to create the electric current do it by use
of a proton-exciange-membrane (PEM) at an operating temperature
of about 176°F.
PEM' s , the
dollars per
today.
When that happens, costs
heart of
kilowatt
the H2-using fuel cell, cost thousands of
a few years ago compared to $500-$1000
But they aren't being mass produced.
will go even lower.
PEM's, fifteen years ago used noble metals at a cost of $15,000
per car. Noble metals include gold, silver, mercury and platinum
and five other members of the platinum family. Noble metals
are also used in catalytic converters on today' scars, trucks,
SUV' s, station wagons, etc. Use of these catalysts has been
improved so much that in the fuel cells they would cost only
$350 more than they do in our present motor vehicles.
II
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MAY 1 1999
THE SOURCE OF THE H2
The PEM in the FCEV requires H2~
The H can come from water, H 0, by a simple proces s called
hydrol~sis which runs electricit? through the water. To further
reduce air pollution, greenhouse gas production and dependence
on foreign oil, the electricity can come from photovoltaic
silicon cell solar panels on roof tops. President Clinton said
on June 26, 1997, that we would have a million homes with solar
panels on their rooves by 2010. Jerold
Noel, a solid-state physicist with a Mobil Oil/Tyco Laboratories
project quoted by the October 15, 1974, issue of Forbes Magazine,
said, " the roof of an average house around Philadelphia
could produce enough energy to supply the needs of the home,
with enough left over to, say, charge an electric car."
Solar cells, connected together, can generate
90 watts of electrical energy per square yard of lighted surface
Ten square yards could run a small
microwave oven. When nothing in the home was using electricity,
the electric meter would run backwards giving the homeowner
credit with his power company, say. SDG&E.
1
I
Another way to produce H2 is to treat natural gas with steam.
To lessen the economic blow to
the oil/gas/coal/uranium-ENERGY industry, this H production
could be done at decentralized refueling statio~s.
The carbon from the natural gas in methane (CH4)
(C2H6) poses a global warming problem needing a
and ethane
solution.
THE POLITICS OF H2 AND THE ENERGY INDUSTRY
H2 can be converted on-board vehicles from
but service stations are already selling
wasteful to create a new supply servièe
methanol and gasoline
gasoline so it seems
for methanol.
Dr. Chris Borroni-Bird, Chrysler advanced technologies
specialist, says that the public won't buy the idea of a new
power train, using the fuel cell, AND a new fuel, hydrogen,
at the same time. That is the same as saying
that "The public can't walk and chew gum at the same time."
So Chrysler is planning to get the H2 needed for its FCEV' s
from gasoline.
The U. S.
development
running on
Department of Energy sponsored the Arthur D. Little
of a gasoline reformer which allows "_ _ _ a vehicle
this technology to use a variety of fuels"_ _ _"
It has, however, unique problems because gasoline is a complex
mixture of hydrocarbons and can contain several hundred parts
per million of sulfur which can damage t.he catalytic beds used
··6-
Mr.V 1 1999
in fuel processing.
The Arthur D. Little gasoline reformer which Chrysler proposes
to use is a cylindrical fuel processor 17 X 22 inches and
contains heat exchangers, fuel inj ectors, air valves and
automatic controls and faces serious problems. First gasoline
must be heated to 1800°F. This splits off some H and carbon,
from the gasoline with some methane resul ting whic~ is cracked
by a nickel catalyst to make more usable H2 and finally the
gasoline is all converted to H2 and CO2, !:he global warming
gas, All this is done just to get the H2 and there are some
carbon moonxide (CO) and sulfur byproducts that are dealt with
also.
,
According to Alan Weisman in the Los Angeles Times Magazine,
Sandy 'rhomas, Iowa legislator Tom Harkin's hydrogen consultant,
showed a chart of the Department of Energy's budget. Out of
$18.6 billion, $10 billion was used for nuclear-weapons research
and clean-up, $1 billion was used for fossil fuels (gas, oil,
coal, oil shale, etc.) $300 million for atomic fission, almost
$500 million for atomic fusion but only $10 million for hydrogen
research.
In 1994, a
contain a
expensive.
Department
chapter on
of Energy handbook on fuel cells didn't
PEM technology because PEM's were too
After the 1974 energy crisis, Ballard, the fuel cell 3econd
re-discoverer, became head of the new Federal Energy Conservation
Research Office but quit " when Congress refused to get
serious about weaning the U. -S:- from imported oil."
In t.he Time
"farfetched
power".
magazine article about the fuel cell are the phrases
idea", "outlandish notion" and "exotic form of
" lurching around the streets of Chicago. " is
of Ballard" _ prototype, fuel-cell-oowered-busës
a fleet
"
" _ _- and hydrogen is dangerous to handle -_
Chrysler continues to work on easier-to-manage
petrol (gasoline) as a source of hydrogen._ _ _"
fuels even
So Daimler
- - -
ABC News Business used a Catherine Strong story
con taining reservations and
misleading information about fuel cell cars. It said Daimler
Chrysler's pictured fuel cell NECAR 4 used liquid hydrogen,
an impractical fuel and that methanol, contain1.ng H2 was
industry's favored fuel to power fuel cells.
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COMPETITION IN FUEL CELL DEVELOPMENT AND BEYOND MOTOR VEHICLES
Ballard has around 300 fuel-cell related patents.
It also has a separate fuel cell system for
using H2 stripped from natural gas to provide electricity for
a buildlng. It has a tiny fuel cell to produce power for use
in portable applications, from hedge trimmers to mobiles
telephones.
Ballard's fuel cell operations face competition from Allied
Signal and International Fuel Cells (part of Uni ted Technology
Group) in America, DeNora (Italy), Siemens (Germany), General
Motors and Toyota and in the power market from electrical
companies, Mitsubishi, Westinghouse, Plug Power and ERC.
Two fuel cells will generate 400 kw of electricity for external
lighting and signage on the facade of a building a 4 Times Square
in New York City. At least 160 ONSI Corp. manufactured pow'er
plants operate in 84 cities in the U. S. and 11 other countries.
Steinbugler and Williams write that "The FCEV will likely be
considered vastly superior to the internal combustion vehicle
only because it can offer transportation without the problems
of air pollution, energy supply insecurity and climate change."
They also say that "_ _ _ the direct-hydrogen FCEV is likely
to be preferable to any liquid-fuel FCEV with an on-board fuel
processor even if there are 'no breakthroughs in hydrogen
storage technology. The expected lower costs for hydrogen FCEV' s
would lead to market pressure to shi ft to hydrogen, as soon
as a hydrogen infrastructure could be put into place."
Design News writer Gottschalk summarizes his article in
"Abstract: Fuel cell vehicles wi 11 replace internal combus tion
engine-powered vehicles. Fuel cell advantages include energy
density, simplicity and zero emissions. Fuel cells also perform
better and have better range than current power supplies."
The Final Solution
--
The future of the H2 powered fuel cell seems assured for early
in the 21 st century, but the state of Oregon in 1975 predicted
that silicon cell photovoltaic (solar cell-produced) f:.lectcicity
would make Oregon independent of oil/gas/coal/nuclear power
by about that same time.
To appreciate the power of today's ENERGY industry, the title,
of a 1975 book by Anthony Sampson, "The Seven Sisters, Th", Great
Oil Companies & The World Thev Shaped" savs it all. OR. ',¡ill
big ENERGY, so far as internal combustion engines and the fuels
;hey now use, soon become tOdaY's~:;¿~-?~ers'?
-r<_..,,_~
-8-
MAY 1 19ge~,
BIBLIOGRAPHY
1. Betz, K. W. 1998. Fuel cells: green hope or hype.
Energy User News, 9/98 v 23 n 9 p 4 (1)
2.
Gottschalk,
automotive
86 (7)
M. A. (G98) 1998. Will fuell cells power an
revolution? Design News 6-22-98 v 53 n 12
p
2. Hornblower, M. 1999. Time 2-22-99 v 153 i 7 P 80(1)
4.
Jones, W. M. ,
Encyclopedia, Vol.
Corp. Merchandise
Jr.
8,
1962. Hydrogen. The Wor ld Book
p 413. Field Enterprises Educational
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5.
Millais, C. 1998. Oil and solar - Greenpeace
briefing. Greenpeace International, c/o
Canonbury Villas, London Nl 2 PN
internat.icnal
Greenpeace UK,
6. Murphy, D. B. and V. Rousseau 1969. Foundations of college
chemistry. The Ronald Press company, New York. p 400.
\
.,
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Peach, L. 1998. Gas up your fuel cell. Design News,
3-23-98 v 53 n 6 p 18(1)
8. Steinbugler, M. M. and R. H. Williams (S&W) 1998. Beyond
combustion: Fuel cells for the 21st century (Infernal
combustion). Forum for Applied Research and Public
Policy, Winter 1998 v 13 i 4 P 102 (6)
9. state of Oregon, office of the Governor, The Office of
Energy Research and Planning. Jan., 1975. Transition,
a report to the Oregon energy council. 497 pages
10. The Economist 10-31-98. Fuel cells: intel on wheels.
p 69 (1)
11. The Economist (US) 3-20-99. The fuel cell car accele::-
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12. Wald, M. 1998. EPA says catalytic converter growing cause
of global warming. Ne',,¡ York Times News Service in the
San Diego Union-Tribune, 5-29-98, p A-7.
13. Weisman, A. 1995. Harnessing the big H. Los Angeles
Times Magazine, 3-19-95, P 18
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The World Book Encyclopedia~ Vol. 7~~~~~~
.