HomeMy WebLinkAboutC-3324 - Preparation of a Comprehensive Amendment to the Subdivision Code (Title 19)0'.00 INTERINSURANCE EXCAGE of the Automobile Club
MAILING ADDRESS: P.O. BOX 25001, SANTA ANA, CALIFORNIA 92799 -5001 RECEIVED -
NOTICE OF CANCELLATION ENDORSEMENT
Forming a part of Policy No. G ]0]2909 issued by the INTERINSURANC iDtXCMPOI@!�)FkIE :SOTOMOBILE CLUB
to LAWRENCE, LARRY N AND MICHELLE
Effective 3 -13 -01 12:01 A.M. Pacific Standard Time
CITY OF NEWPORT BEACH
ATTN: CITY CLERK
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663 -3816
ADDITIONAL INSURED
It is agreed that in the event of:
PRN
3 -21 -01
DESIGNATED AUTOMOBILE:
01 DODGE 1B4HR28N81F511200
• material change to this policy affecting the designated automobile; or
• suspension or nonrenewal of this policy; or
• cancellation of this policy at the request of other than the Interinsurance Exchange; or
• cancellation of this policy at the request of the Interinsurance Exchange for nonpayment of premium;
10 days' written notice thereof will be given by regular mail to the additional insured named above.
In the event of cancellation of this policy by the Interinsurance Exchange for other than nonpayment of premium, 20 days' written notice
thereof will be given by regular mail to the additional insured named above.
All provisions of your policy not affected by this endorsement remain unchanged.
ACSC Management Services, Inc.
ATTORNEY -IN -FACT
CERTIFICATE OF INSURANCE
This is to certify to the additional insured named above that the Interinsurance Exchange of the Automobile Clubhas issued the above listed
Member's Automobile Policy to the policyholder named above. Subject to its terms and provisions, this policy, including any applicable
endorsement, provides the following coverages and limits of liability for the designated automobile:
BODILY INJURY
LIABILITY
PROPERTY DAMAGE
LIABILITY
THOUSAND
THOUSAND
THOUSAND
DOLLARS
DOLLARS
DOLLARS
EACH
EACH
EACH
PERSON
OCCURRENCE
OCCURRENCE
250
500
100
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverages afforded by and the terms and
conditions applicable to the policy to which it pertains.
ACSC Management Services, Inc.
ATTORNEY -IN -FACT
ITS0122A 2059
E0999 E 1-96
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 20th day of November, 2000, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and Lawrence Associates whose address is 32092 Via Carlos, San Juan
Capistrano, California, 92675, (hereinafter referred to as "Consultant "), is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California
and the Charter of City.
B. City desires to engage Consultant to provide project management and
staff services upon the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, Larry
Lawrence.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the 15t day of October, 2000, and
shall terminate when the City Council takes final action on the Subdivision Code, unless
terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "A" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of twenty-nine thousand, seven hundred and fifty dollars ($29,750).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "A ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement, and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies, or any other delays beyond Consultant's
control or without Consultant's fault.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be
deemed to constitute Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control
over the details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Project term. Consultant has designated Larry Lawrence to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "A ", whether or not considered to be key personnel,
without City's prior written approval by name and specific hourly billing rate. Consultant
shall not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays which are
due to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby agrees to
provide notice to the other party so that all delays can be addressed.
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8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees
in any action on or to enforce the terms of this Agreement.
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13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the
State of California, with an assigned policyholders' Rating of A (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and prosecution of the
work.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
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a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this
Agreement by City or persons other than Consultant is waived against Consultant and
City assumes full responsibility for such changes unless City has given Consultant prior
notice and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
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A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will
be required to coordinate the required submittals with City's reproduction
company. All other reproduction will be the responsibility of Consultant
and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal business hours.
Consultant shall allow inspection of all work, data, documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work as a result of such withholding. Consultant shall have an immediate right to
appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Tel.: (949) 644 -3200
Fax: (949) 644 -3350
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All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Larry Lawrence
Lawrence Associates
32092 Via Carlos
San Juan Capistrano, CA 92675
Tel.: (949) 661 -8175
Fax (949) 661 -4828
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
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30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By: By: Y4�gxxw�
Rol5in-Trrauson Homer L. Blu u
Assistant City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless
City Clerk
City Manager
for the City of Newport Beach
CONSULTANT
B:
'-LrryWfernce
Lawr nce Associates
Exhibit A
June 9, 2000
Patricia Temple
Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Revised Proposal for Subdivision Code Overhaul
Dear Ms. Temple:
In response to your request, Lawrence Associates is pleased to submit this proposal for consulting
services to revise the City0s Subdivision Code and related Municipal Code sections. The scope of work
and cost quotation are based on a study of the Municipal Code, discussions with you and Sharon Wood,
and review of Don WebbOs memo of November 10, 1999:
The scope of work and the work products are described in the table on the following page. All work will
be performed by Larry Lawrence.
bs- %
Lawrence Associates proposes to complete the Scope of Work detailed above for a total fixed fee
of $29,750. This quotation reflects all labor, overhead, travel, reproduction, and other expenses
necessary to complete the Scope of Work and deliver to the City a reproducible original of the adopted
Subdivision Code, together with computer media containing all Code text and graphics compatible with
the City's software.
Cost breakdown by task is detailed on the following page.
Lawrence associates will establish and maintain all records and files necessary to demonstrate that the
terms and conditions of any contract entered into with the City have been complied with. Such records
shall be made available to city, state or federal auditors upon request and shall be maintained for at least
three years beyond the expiration date of the contract.
32092 Via Carlos, San Juan Capistrano, CA 92675 0 949.661.8175 0 Fax 949.661.4828
LA WRENCE ASSOCIA TES • WISED SUBDIVISION CODE
REVISED WORK PROGRAM
TASK AND WORK PRODUCTS ..
COST
1.
Research and Consultation:
' Municipal Code Research for changes needed
' Consultation with Staff
' Preparation of outline for revised Subdivision Code and listing of changes
needed throughout Municipal Code
' Work Products: Code Outline and Listing of Other Changes
$3,825
2.
Municipal Code Chances:
' Preparation of needed changes to Municipal Code sections and integration
into Subdivision Code
' Insertion of cross references in Municipal Code Sections
' Work Product: Revised Code Sections for Staff Comment
3,825
3.
Revised Subdivision Code:
' PC worksession
' Preparation of revised chapters on General Provisions, Tentative Maps,
Subdivision Design/] mprovements, and Fees/Dedications
' Preparation of refinements to Vesting TTM - s and Condo Conversions
' Preparation of revised chapters on Final Maps, Definitions, and Other
Subdivision Procedures (mergers, reversions, etc.)
' Work Product: Revised Subdivision Chapters for Staff Comment
10,200
4.
Changes per Staff Feedback:
' Revisions to work products from Tasks 2 and 3 per CC/PC /staff comments
' Work Product: Code Chapters per Staff Review
2,550
5.
Meetincs with Ad Hoc Committee:
' Attendance at up to 10 meetings
' Changes per committee feedback after each meeting
' Work Product: Code Chapters Revised per Committee Review
4,250
6.
Public Review:
' Preparation of full hearing draft
' Preparation of negative declaration and hearing notices
' Preparation of staff reports
' Attendance at hearings
' Work Products: Hearing Draft, ND, Notices, and Staff Reports
3,400
7.
Finalization:
' Preparation of final revised Code chapters
' Work Products: Computer File and Reproducible Hard Copy of all Revised
Code Chapters and Sections
1,700
TOTAL:
$29,750
L4WRENCEASSOCIATES 0 &ISED SUBDIVISION CODE
I am the principal of Lawrence Associates and the person authorized to bind this proposal and negotiate
a contract. If you have any questions concerning the proposal, please call me at 949 - 661 -8175.
I look forward to working with you and the City staff on this project.
Sincerely,
Larry Lawrence AICP
Principal
. 1 4 WY 0
CITY OF NE ORT BEACH Hearin ate: December 13, 1999
e�EW�Rr PLANNING DEPARTMENT
�/ �; o Agenda Item No.: 11
°/ `b` 3300 NEWPORT BOULEVARD Staff Person: Patricia L. Temple
rl 3'' `'.n
_ r NEWPORT BEACH, CA 92658 (949) 644 -3228
c9cr (949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL z'
09 1 3
SUBJECT: Amendment to Subdivision Code (Title 19) RPPRQVED
ACTION: Approve a budget amendment in the amount $17,850, and authorize the City j p ,oar 2)
Manager to execute a professional services agreement with Lawrence
Associates for the preparation of a comprehensive amendment to the
Subdivision Code.
The Subdivision Code (Title 19 of the Municipal Code) contains local regulations pertaining to the
design and processing of subdivisions. Many of these provisions are consistent with the State
Subdivision Map Act, and some are customized to the needs of the City of Newport Beach (such
condominium conversion and vesting tentative map requirements). Also contained in the Code are
design criteria, many of which have become obsolete over time, and which have not been made
map requirements for many years.
In the review of a recent development application, staff discovered that some provisions of the
Subdivision Code have not been appropriately administered. We reviewed the Code and identified
a number of areas where the Code should be updated. Since this is a project not previously
identified in our work program, there is not available staff to work on this project. Therefore, we
have solicited a proposal from the consulting firm of Lawrence Associates to complete this work.
This firm has experience with subdivision code updates, and is considered by staff to be very
qualified for this project. The proposed scope of services is attached.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Attachments:
1. Scope of Services from Lawrence Associates
2. BudgetAmendment
CJ
I A 4tF A, . t I .
a lr sIo chi a t e
URBAN PLANNING AND DESIGN
November 24, 1999
Patricia Temple
Planning Director, Community and Economic Development
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Revised Subdivision Code
Dear Ms. Temple:
PL41`,?MJ -'u n R,RTii:irF I
AM P 1
In response to your request, Lawrence Associates is pleased to submit this proposal for consulting
services to revise the City's Subdivision Code. The scope of work and cost quotation are based on a
study of the existing Code, discussions with you and Don Webb, and review of his memo of November
10:
My work will include the following:
A joint worksession with the City Council and Planning Commission to discuss and receive
feedback on the proposed update of existing Subdivision Code provisions.
2. Phone contacts and meetings with City staff as needed to discuss consistency with the
Subdivision Map Act, tentative map review procedures, design standards, and other issues.
Preparation of a revised Subdivision Code, including update of Code provisions, bringing into
conformity with the Subdivision Map Act, and addressing issues identified by staff verbally
and in the 11/10/99 memo from the Public Works Director (attached).
4. Presentations on the revised Subdivision Code to the Planning Commission, City Council, and
others as determined by City staff.
Preparation of the exhibits and reports described under WORK PRODUCTS below.
The work products to be delivered to the City will include the following:
Staff reports to the Planning Commission and City Council, together with draft resolutions and
ordinances, hearing notices, maps, and other exhibits necessary to carry public review of the
revised Code through adoption.
32092 Via Carlos, San Juan Capistrano, CA 92675 • 949.661.8175 • Fax 949.661.4828
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LAWRENCE ASSOCIATES REVISED SUBDIVISION CODE
• 2. The revised Subdivision Code as adopted by the City Council.
The preceding documents will be in the form of "hard- copy" originals suitable for reproduction, plus
computer media compatible with the City's software.
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Lawrence Associates proposes to complete the Scope of Work detailed in the accompanying
proposal for a total fixed fee of $17,850.
The above price quotation reflects all labor, overhead, travel, reproduction, and other expenses
necessary to complete the Scope of Work and deliver to the City a reproducible original of the adopted
Subdivision Code, together with computer media containing all Code text and graphics compatible with
the City's software. The cost breakdown is shown in the following table:
TASK AND WORK PRODUCT . `: '
COST:`.
1. Research and Consultation: joint CC/PC worksession and
1,700
discussions with Staff, Submission of Outline for Revised Code
2. Submission of Revised Chapters on General Provisions and
Tentative Maps, plus retention of Chapters on Vesting
3,400
TTM's and Condo Conversions (with refinements as needed)
3. Submission of Revised Chapters on Subdivision Design/
4,250
Improvements and Fees/Dedications
4. Submission of Revised Chapters on Final Maps, Definitions,
3,400
and Miscellaneous Procedures (mergers, reversions, etc.)
5. Amendments to preceding Chapters per Staff Feedback;
2,550
Preparation of Full Hearing Draft
6. Preparation of Staff Reports; Attendance at Hearings;
1,700
Submission of Final Draft
7. Finalization and Printing: Submission of Reproducible
850
Original and Computer Disk
TOTALS
$17,850
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LAWRENCE ASSOM TES REVISED SUBDIVISION CODE
Lawrence associates will establish and maintain all records and files necessary to demonstrate that the
terms and conditions of any contract entered into with the City have been complied with. Such records
shall be made available to city, state or federal auditors upon request and shall be maintained for at least
three years beyond the expiration date of the contract.
I am the principal of Lawrence Associates and the person authorized to bind this proposal and negotiate
a contract. If you have any questions concerning the proposal, please call me at 949 - 661 -8175.
I look forward to working with you and the City staff on this project.
Sincerely,
Larry L wrence AICP
Principal
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MEMO
PUBLIC WORKS DEPARTMENT
November 10, 1999
To: City Manager
From: Public Works Director
Subject: Title 19 — Subdivision Code
•
In general I would say it is time to review this section of the Code and bring it up to date and make
sure it is in compliance with the Subdivision Map Act and other standards that the City Council has
adopted. The actions that staff has been taking with regard to subdivisions has not varied greatly
from the requirements set out in this section of the code and the standards that have been used have
been approved by the City Council through other avenues that did not necessarily tie into
subdivisions. We need to make sure that the Subdivision Code is rewritten to provide for design
standards to be changed automatically when they are modified by the City Council in other arenas
such as Public Works Construction. The following provides a brief overview of what needs to be
done to update this section of the code.
• In the definitions, provide for the City Engineer and Public Works Director to be used
interchangeable except where the Subdivision Map Act requires actions by the City Engineer.
L_ J
Chapters 19.04 through 19.16 need to be compared with the Subdivision Map Act (SMA) and
brought up to date. There does not appear to be any major deficiencies except that there may be
some items that conflict with SMA. We want to keep the more restrictive provisions for the vesting
tentative maps in Chapter 19.14 and the less restrictive provisions for Condominium conversions
in Chapter 19.10.
Section 19.16.030 Form and Materials for a Final Map needs updating to allow modem methods to
be used to prepare the maps. We no longer use tracing cloth, India ink and typewriters. Computer
generated maps on Mylar are now used.
Section 19.16.050 Utilization of Established Coordinates needs to be updated to provide for the
County grid system and GIS applications.
Sections 19.16.060 through 19.16.090 need to be reviewed to improve on the 1950's wording. These
sections look like they still apply but we may have some new terms and call outs that need to be
added.
Sections 19.16.110 through 19.16.130 need to be reviewed to improve on the 1950's wording.
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November 10, 1999
Public Works Memo on Title 19 Subdivision Code
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Section 19.16.130 has a conflict with Section 19.16.150 in that the former requires the City Engineer
to transmit the Final Map to the Planning Commission and latter section requires the Planning
Department to submit the Final Map to the City Council.
Section. 19.16.160 Agreement for Improvements needs to be reviewed to improve on the 1950's
wording. Clarify that the City Council approves Improvements agreements and whether or not
assessment district proceeds can be used to satisfy the agreement conditions.
Sections 19.16.170 through 19.16.190 related to securities needs to be reviewed to improve on the
1950's wording and make sure that it covers all appropriate securities. The Finance Director needs
to be changed to Administrative Services Director.
Chapter 19.20 — Design Standards may need the most modifications. There are several old outdated
concepts and standards. We may want to make this chapter more generic and rely on City Council
approved standards that go along with the ones we use for public works design and construction.
Also provisions need to be made to cover standards to be used for private developments and
streets.
Section 19.20.010 Conformance of Streets and Highways to the Master Plan has not been updated
to reflect the presence of the Circulation Element of the General Plan. There are several new
classifications that have been provided for and the widths have been changed.
Section 19.20.020 Conformance to Proceedings needs to be reviewed by the City Attorney to see if
there are nexus issues.
Section 19.20.030 Streets and Highways General Conditions needs to be reviewed to improve on the
1950's wording. Paragraph D needs to change the property line corner radius from not less than 30
feet to 25 feet for major streets and state highways and on all others from 20 to 15 feet. This
paragraph should also allow for 45° cut off s. This type of specificity in the Code may not be needed
and would fit better in the City Council adopted design standards, specifications and drawings.
Section 19.20.040 Street and Highway Widths has not been updated to reflect the presence of the
Circulation Element of the General Plan. There are several new classifications that have been
provided for and the widths have been changed. Also there are provisions for reduced street widths
for short cul -de -sac streets, single frontage streets, and loop streets in the City Council approved
Standard Drawings. Paragraph G concerning five -foot wide parkways between sidewalks and curbs
is not being used in most subdivisions and along arterials. Reference to the Parks, Beaches and
Recreation Department needs to be changed.
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November 1999
Public Works Memo on Tile 19 Subdivision Code
19.20.050 Service Roads and Off - Street Parking is set up to require subdivisions developing along
arterials, state highways and freeways to provide a service road if they want their lots to front on
these major roadways and have on street public parking. The frontage road is not required if the
Planning Commission allows the subdivider to dedicate an area adjacent to the lots for off street
parking. Also the Planning Commission may require adequate off - street parking areas for all lots
proposed for commercial or industrial uses in addition to a requirement for a serve road. Parking
issues might be more appropriately handled in the Zoning Code.
At first reading of this section it would appear that we have not been following the section. When
dissected we have been using the intent of the section in our approvals by requiring off street parking
and limited access for all developments adjacent to arterials, state highways and freeways. In CdM
Plaza it could be argued that none of the buildings front on the arterials so that a service road is not
required and off street parking was required by the Planning Commission. We may want to modify
the section to modernize it but the concept is still valid.
Section 19.20.060 Restricted Access — Planting Strips is a little more restrictive than we have been
in practice, in that access rights dedications have been required but in some instances a drive is
allowed without a specific waiver from the planning Commission and City Council. This wording
needs to be adjusted to follow the practice being used.
Section 19.20.070 Alleys needs to be modified so that all commercial or industrial usage lots are not
required to provide allies. When alleys are provided in commercial or industrial developments a 30-
foot wide alley is appropriate. In the last 20 or so years I can't remember when a development like
this has been proposed. The residential alley requirement is appropriate.
Sections 19.20.080 through 19.20. 100 were last modified in 1951 and may need minor wording
modifications but the concepts are good. In the 19.20. 100 section we may want to allow easements
that don't straddle property lines. The last sentence can be eliminated because we no longer allow
overhead utility lines.
Section 19.20. 100 Lots needs to be reviewed to see if changes are necessary. Check paragraph C to
see if it is compatible with Zoning Code setbacks. Paragraph F needs modifying to allow for alley
or joint use access easements to be used.
Sections 19.20.120 and 130 are ok.
Section 19.20.140 Master Plan Standard should be reworded to provide for the General Plan and its
elements.
Section 19.20.150 Land Subject to Inundation should be up dated to comply with current Federal
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November 10, 1999
Public Works Memo on Title 19 Subdivision Code
flood plain and insurance requirements.
Chapter 19.24 Improvements needs to be modified to conform with the City Council adopted Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction and the
Standard Specifications for Public works Construction (Green Book). Wording in older sections
needs to be reviewed to see if updating is necessary.
Section 19.24.140 Underground Utilities is the instrument that requires undergrounding utilities.
We need to review this section to see if it can be tightened up to better regulate those facilities that
the utility companies say have to be placed above ground.
19.24.150 Railroad Crossings is a section that can probably be eliminated.
Chapter 19.28 Monuments was last modified in 1951 and is still adequate but it should be updated
to provide for new technology and practices.
Chapter 19.32 Exceptions should be reviewed by the Planning Department to determine the
appropriate actions needed.
•
Chapter 19.36 Appeals should be reviewed by the Planning Department to determine the appropriate •
actions needed.
Chapter 19.40 Penalties for Violations probably needs to be reviewed by the City Attorney to see if
it is legal or even appropriate.
Chapter 19.50 Park Dedication is probably up to date and appropriate but should be reviewed to see
if changes are needed.
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CW of Newport Bead NO. BA- 023
BUDGET AMENDMENT
1999 -00 AMOUNT: $17,650.00
14ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To appropriate $17,850 to contract Lawrence Associates to prepare a proposed amendment to the Subdivision Code.
There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit
Description
Fund Balance Control $17,850.00
Description
Credit
Description
Division Number 2710 Economic Development
Account Number 8080 Services - Professional and Technical NOC $17,850.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automaffc System Entry.
Signed:
F ancial Approval: Finance irector Date
Od:
Administrative App oval: City Manager
Signed:
City Council Approval: City Clerk Date
Cdr of Newport Beach NO. BA-
BUDGET AMENDMENT
1999 -00
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
t
EXPLANATION:
This budget amendment is requested to provide for the following:
I�I
Au
023
AMOUNT: ;�T,aso.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
DEC 13 ; ..
To appropriate $17,850 to contract Lawrence Associates to prepare a proposed amendment to the Subdivision Code.
There have been no prior budqet amendments.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control $17,850.00
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
ied:
City Manager
Signed: y)q(/ 0 ar c I // J. Tj2 rtt e
City Council Approval: City Clerk
ate
Date
Description
Division
Number 2710
Economic Development
Account
Number 8080
Services - Professional and Technical NOC $17,850.00
Division
Number
Accour}t
Number
Division
Number
Account
Number
Division
Number
Account
Number
' Automatic System Entry.
d / _�,
/
Signed:
Financial Approval: Finance -Director Date
ied:
City Manager
Signed: y)q(/ 0 ar c I // J. Tj2 rtt e
City Council Approval: City Clerk
ate
Date