HomeMy WebLinkAboutItem 4.5 Agreement for Ordinance Analysis (2) 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.
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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
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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 ,
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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
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