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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 1 0 • 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. 2 • 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. 3 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. V. 0 0 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, 5 0 0 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: • 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 U 0 • 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. E • 0 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 E is 0 FJ 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. 0 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 2 r 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 i V 0 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. 1 of4 0 November 10, 1999 Public Works Memo on Title 19 Subdivision Code 0 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. 2 of 4 b 0 is • ! 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 3 of 4 I • • 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. 4of4 U 1J 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