CITY OF LAGUNA NIGUEL
1989 CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: November 1, 2022
SUBJECT: Comprehensive Laguna Niguel Municipal Code Update
RECOMMENDATION
Staff recommends that the City Council provide direction on a comprehensive Laguna Niguel Municipal Code update.
BACKGROUND
The City Council established a goal of completing a comprehensive update to the City's Municipal Code by the end of this fiscal year.
The Laguna Niguel Municipal Code (LNMC) was first adopted more than 30 years ago upon incorporation of the City. Historically, the LNMC is updated several times per year to amend existing language or to add new language; however, the City has never completed a full update, or recodification of the LNMC.
ANALYSIS
Staff developed a Request for Proposal (RFP) to identify the most qualified company to work with the City to provide a comprehensive LNMC update and recodification. In response to the RFP, the City received two qualified proposals; one from American Legal Publishing and one from CivicPlus-Municode. After review of the proposal submittals, interviews were conducted, and references were checked with both firms as part of the proposal evaluation rating process (Attachment A). American Legal Publishing finished as the top ranked company and is being considered by staff to complete the LNMC comprehensive update and recodification.
A comprehensive LNMC update, and recodification is a lengthy process both for a consultant and for City staff. The LNMC is more than 1,220 pages. Because of this and because of the length of legal review required, the timeline for American Legal Publishing to complete this project spans through early-Fall 2023. This work includes initial review and recommendation on routine code updates and cleanup for consistency with state law,
for internal consistency, and to incorporate updates based on best practices.
The schedule as provided by American Legal Publishing includes a 6-step process that spans from Nov. 2022 - Sept. 2023 (Attachment B).
The 6-step project process includes:
• City staff review existing Code pages and receive/complete codification questionnaire;
• City submits completed questionnaire & current Code book/ordinances for review; • Extensive legal review and updates take place from the selected firm leading to one copy of a draft Code, and thorough legal review is submitted to the City; • City reviews dratt code, answers questions, and provides claritication/direction, and returns draft Code with further revisions/City Attorney Office provides thorough legal review of draft Code;
• Selected firm spends several months updating initial Code draft, producing printed copies of the Code and producing an Online Code, which is then brought to the City Council for recodification.
• Updated Code is complete & additional supplementation/online hosting available.
After completion of the project with American Legal Publishing, the City may also look to further engage with the company to provide future supplemental updates as well as online Code hosting.
The request to complete this project came up after the most recent Strategic Plan Update was completed in early-2022. This project is a significant work effort that will require a substantial amount of staff time working with American Legal Publishing to complete this project by Fall 2023. In addition, time and expenses for legal review by the City Attorney are not included in the American Legal Publishing proposal as that is an additional cost that is the responsibility of the City.
Additionally, staff recently engaged with the new City Attorney from Aleshire & Wynder, LLP, regarding this project as it will include working closely with City staff for necessary legal review. The City Attorney's firm has experience working on similar projects for other municipal clients, and has expressed support for a two-phased approach that allows the consultant to complete the project as proposed by early-Fall 2023, followed by any additional substantial policy amendments to be completed, as necessary, by the City Attorney's Office during the remainder of Fiscal Year 2023-2024.
ALTERNATIVES CONSIDERED
The City Council may consider directing staff to:
1. Prioritize the project as part of the 2023 Strategic Plan Priority Setting Workshop scheduled for February 2023. This will allow for prioritization and funding to be allocated at this time.
2. Reissue the RFP for the solicitation of additional vendors. Staff does not recommend this option as it will further delay the project and is unlikely to reduce expenses related to the project.
FISCAL REVIEW
The cost of services for American Legal Publishing to complete this project is not to exceed $29,700. Direct funding for this project was not included in the FY 2022/2023 Operating Budget as the project was not discussed until after Budget adoption; however, adequate funding is available in the Contingency Fund of the FY 2022/2023 Operating Budget. Funding for City Attorney legal review is not included in the American Legal Publishing expense.
LEGAL REVIEW
No legal review is required for this item.
CONCLUSION
Staff recommends that the City Council provide direction on a comprehensive Laguna Niguel Municipal Code update.
Jesty Marti Lamara Setouseau
Tamara S. Letourneau
Deputy City Manager City Manager
Attachments:
A. RFP Submittal Evaluation Rating Sheet
B. Proposed Project Process and Timeline
ATTACHMENT A
RFP Submittal Rating Sheet
City of Laguna Niguel
Administration Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4300 - www.cityoflagunaniguel.org
RFP Name: Comprehensive Municipal Code Update
RFP Issue Date: August 24, 2022
RFP Due Date: September 15, 2022
No. of Bidders:
Evaluation Summary
Firm Name Evaluation Average Evaluation Ranking
American Legal Publishing 90
CivicPlus - Municode 83
ATTACHMENT B
Proposed Project Process and Timeline
ЗА. PROJECT SCHEDULE
Step 01 - Nov/Dec 2022
Step 02 - Jan 2023
Step 03 - April 30, 2023
Step 04 - June 30, 2023 (If there is a delay in Step 04, Step 05 pushes out accordingly)
Step 05 - August 31, 2023
STEP 01 STEP 03 STEP 05
Client receives and Within 3-6 months Within 3 months of completes the from receipt of the receipt of the initial codification materials, one copy draft, the printed
questionnaire. of a draft and Legal copies of the Code
Revlew submitted to and Online Code are
the client. published.
STEP 02 STEP 04 STEP 06
Client submits Cilent answers Most projects are
questlonnaire questions and completed within 9-12
and current code retums draft with months. After completion, book and/or revisions. clients may order
ordinances. supplements to keep their
Code up-to-date.