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HomeMy WebLinkAbout4.5 Agreement for Ordinance Analysis 600-30 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: Mardh 11, 19$5 SUBJECT Ordinance Analysis and Report EXHIBITS ATTACHED Letter from Book Publishing Company dated December 4, 19$4 ; Proposal for Ordinance Analysis Report and Code r Structural Plan I - RECOMMENDATION '\ Authorize the City Manager to execute the contract for ordinance analysis and report and code structural plan FINANCIAL STATEMENT: Cost for this service will be $1 , 200 Sufficient funds are included in the 19$4-85 budget (70% of this amount will be credited towards the complete cost of codification provided that Book Publishing Company is selected to perform this service within 1 year of completing the legal analysis) DESCRIPTION At the time of incorporation, the City of Dublin adopted by reference specific sections of the Alameda County Code . Subsequent to that date , the City has adopted ordinances amending the adopted portions of the County Code and also created additional ordinances as necessary . The Alameda County Code sections which have been adopted by the City of Dublin also contain text which is inapplicable to the City. For example , the section of the Alameda County Traffic Code which has been adopted by reference , includes traffic regulations for all unincorporated areas of Alameda County. The Alameda County Codes are contained in several volumes and researching the provisions of the Code are difficult to complete in an efficient manner. Included in the 1984-$5 budget were funds to undertake codification of the City Code . Staff has reviewed the availability of professional consultants to provide this service . The initial phase of this project would be the preparation of a legal analysis and the establishment of a code format which would address the specific requirements of the City of Dublin. Attached is a proposal by Book Publishing Company to prepare the initial analysis . This review will consist of an examination of the current City Codes for compliance with federal and state court rulings . They will also note conflicts and inconsistencies in order that they may be resolved by the City Attorney. As part of this service , representatives of Book Publishing Company would meet and confer with the City Attorney and other Staff members in order to identify a tentative municipal code format which can be utilized to consolidate the City Code . Book Publishing Company will prepare the ordinance analysis and repok with Staff Attorneys who are experienced in California law. This company currently serves over 250 cities and counties in the State of California. Representatives of the company anticipate that this phase can be completed within 3 to 4 months . However, the actual time frame will be better known once they have had the opportunity to review a complete set of the City' s current ordinances . ' The actual development of a comprehensive code is anticipated to be undertaken in Fiscal Year 19$5/86. The cost of this phase will depend on the length of the document to be produced. The estimated cost may range from $3 , 700 to $11 ,000. It is important that the legal analysis be completed first in order to determine the scope of work required for complete codification of the City Code . Staff recommends that the City Council authorize the City Manager to execute the contract for professional services for an ordinance analysis and report and code structural plan with Book Publishing Company. ---------------------------------------------------------------------------- �� COPIES TO : 7 ITEM NO . .S BOOK LAW BOOK PUBLISHERS MUNICIPAL AND STATE CODES 201 WESTLAKE AVENUE NORTH•SEATTLE, WASHINGTON 981091(206)343-5700 December 4, 1984 R E C E I V E D DEC 10 199-1 CITY OF DUBLIN Mrs. Kay Keck Dublin City Clerk P.O. Box 2340 Dublin, CA 94568 Dear Mrs. Keck: Here is our proposal to research all your city's existing laws and submit a detailed report. This report points out problems we find in your laws and suggest specific remedies for each. It also arranges your , present provisions in a tentative new code format. When we prepare the legal analysis: 1. We examine all ordinances or resolutions and check them with applicable state statutes. 2• We check decisions of the Supreme Court of the State which specifically involve your ordinances. 3• We note United States Supreme Court decisions affecting or bearing on the validity of your ordinances. And we give a brief digest of the holding of the court. 4. We point out conflicts and inconsistencies to your municipal attorney. 5. We footnote references to the applicable state law below appropriate sections of the proposed code structural plan. 6• We also inform you of all outmoded ordinances and all apparently conflicting provisions of ordinances where reconciliation, repeal or other legislation appears desirable. Payment of the flat price quoted in the enclosed proposal is due when the report is submitted to you. Seventy percent of this amount will be credited against the final. billing for full codification when the city decides to complete the codification project. I will be calling soon to answer any questions. f Sincerely, . . '& Gregory D /diak Codification Consultant sdf/g1245 Enclosures BOOK PUBLISHING COMPANY PROPOSAL FOR ORDINANCE ANALYSIS AND REPORT AND CODE STRUCTURAL PLAN FOR DUBLIN, CALIFORNIA J}. Dublin,To prepare and furnish to the municipality of Dub , California, two copies of an analysis of the existing ordinances of the municipality and s` a code structural plan, Book Publishing Company agrees to the following: A. We will examine all ordinances or resolutions and check with applicable state statutes. We will check decisions of the Supreme Court of the state specifically involving ordinances of the municipality. We will note United States Supreme Court decisions affecting or bearing on the validity of the ordinances of the municipality, and include a brief digest of the holding of the Court. We will point out conflicts and inconsistencies to the municipal attorney. We will footnote references to applicable state law below appropriate sections of the proposed code structural plan. B. We will inform the municipal attorney of apparently outmoded or obsolete ordinances and apparently conflicting provisions of ordinances where reconciliation, repeal or other legislation appears desirable. C. We will suggest, upon request of the municipal attorney, ordinances or parts thereof to fill gaps, cover unregulated problems, or clarify and reconcile conflicts or tencies. . : inconsis , { r The municipality agrees to supply two copies of all ordinances to the . ' company In the event the municipality accepts the company's proposal for the Ordinance Analysis , nd Report, seventy (70) percent of the money paid by the municipality for the Ordinance Analysis and Report will be credited in full towards the cost of a complete codification project undertaken within one year of the completion of the Ordinance Analysis and Report. Cost to supply above mentioned service. . . . . .. . . . . . . . . .$1200.00 (plus appropriate state taxes) yV THIS CONTRACT IS A VALID PROPOSAL FOR A PERIOD OF NINETY DAYS FROM THE DATE OF ITS SUBMISSION TO THE MUNICIPALITY. Bid submitted December 4, 1984 BOOK PUBLISHING COMPANY ?A Corporation gy , President a z�L Secretary Accepted - Date MUNICIPALITY OF DUBLIN, CALIFORNIA By and