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HomeMy WebLinkAbout10/06/2009, C 7 - AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING SERVICES ASSOCIATED WITH SUBDIVISION MAP CHECKI I Co un c i L Oct 6,2009 j aCjEnc)a QCPORt it-N.b6� C I T Y OF SAN L U IS O B I S P O // ll FROM: Jay D. Walter, P.E.—Public Works Direct�jvj Prepared By: Hal Hannula, P.E.—Supervis' g Civil Engineer SUBJECT: AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING SERVICES ASSOCIATED WITH SUBDIVISION MAP CHECKING RECOMMENDATION Approve an agreement with San Luis Obispo County for land surveying services associated with subdivision map checking and authorize the Mayor to execute the agreement. DISCUSSION Background The Subdivision Map Act requires, in part, the technical certification of subdivision maps by the City Engineer. The land surveying functions of a city engineer may be performed by a licensed land surveyor or civil engineer licensed prior to January 1, 1982. The City formerly had full time staff qualified to perform these functions. Upon the retirement of the former Public Works Director in late 2004, and through 2006, the City Public Works Department did not have anyone on staff authorized to practice land surveying as defined in§8700 et seq of the Professional Land Surveyors Act, Business and Professions Code. As an alternative to the City Engineer certifying that a map is technically correct, the Subdivision Map Act, at Government Code §66431, authorizes, with approval of the legislative bodies, the County Surveyor to perform the duties of the City Engineer as defined in the Subdivision Map Act. The City entered into a two year agreement with the County for surveying services in October 2004, but suspended its use after another employee received his license. After the departure of that employee, the agreement was again needed. However, because of the extended vacancy in the Supervising position in the Development Review Division, the agreement was inadvertently allowed to expire,prompting city and county staff to renew it. Proposed Surveying Agreement City and County Public Works staffs, in conjunction with their respective legal counsel, have prepared an agreement under which the County Surveyor's Office will perform technical map checking along with other incidental surveying duties on behalf of the City Engineer. The City Engineer, or person designated by the City Engineer, shall certify that the subdivision maps are in substantial conformance with the approved tentative map; and that the map conforms to the provisions of the State Subdivision Map Act and to any applicable local ordinances in effect at the time of tentative map approval. The County Surveyor will only be certifying that the map is technically correct from a surveying perspective. The Public Works Development Review Division staff will continue to provide all subdivision map reviews relating to the Subdivision Map Act, the City's subdivision regulations,and for compliance with the tentative map and map conditions. � 1 Agreement with San Luis Obispo County for Surveying Services Page 2 FISCAL IMPACT The costs for the San Luis Obispo County Surveyor's office to perform map checking, and other incidental surveying duties will be billed on a monthly basis at the County labor rate plus overhead (currently between $108.32 and $130.57 per hour depending on the assigned staff person). The amount of time to perform the technical map checking varies and is based on the complexity of the subdivision and the quality of the map submitted. City staff estimates that the total annual cost for the additional technical map services with the County Surveyor should be approximately$5,000 per year. Our current budget includes a line item for contract services in the amount of$5,000 per year. City Public Works staff will continue to perform a preliminary technical map check prior to transmitting the map to the County Surveyor in order to keep the costs as low as possible and to maintain in-house surveying skills. ALTERNATIVE Contract with a private land surveyor to perform the technical map checking on behalf of the City Engineer. Based on an informal poll of local survey companies, there is little interest in performing this work due to potential conflicts of interest that would preclude such firms from doing any private work that would require certification by the City. The City could also consider contracting with an out-of-area firm. However, this would delay processing of maps; and is likely to be more expensive than contracting with the County. An informal survey of costs showed an average hourly rate of$170 in the private sector. ATTACHMENT Proposed Agreement with the County for surveying services T:\Council Agenda Reports\Pubhc Works CAR\2009\DevRev\Agreement with the County Engineer for Map Checking\CAR Agreement with SLO County for Map Checking round 2.doc c -a Attachment . AGREEMENT FOR COUNTY SURVEYOR SERVICES BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made and entered into this day of , 2009, by and between the CITY OF SAN LUIS OBISPO, a charter municipal corporation of the State of California, hereinafter referred to as "City," and the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, hereinafter referred to as "County." WITNESSETH: WHEREAS, the City, mindful of its duties and responsibilities to protect and maintain the health, safety, and welfare of its citizens, finds it necessary to regulate and control the enforcement of surveying law, surveying duties under the Subdivision Map Act, and other surveying duties and services within the City, and has determined that the best interest of the City would be served by having the service provided by the County for said purpose; and WHEREAS, the City desires to obtain the services of the County Surveyor for the enforcement in the City of State laws and City ordinances; and WHEREAS, pursuant to Section 66431 of the Government Code, County and City may contract for performance by the County Surveyor or other County employees under the direction of the County Surveyor of any or all functions relating to and in connection with the enforcement of surveying, land division and other pertinent laws within the City; and WHEREAS, the County is willing to render the service of the County Surveyor as herein defined, within the City, upon the terms and conditions hereinafter set forth. C--�- 3 _'attachment NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Scope of Service. The parties agree that the County Surveyor and County employees under the direction of the County Surveyor shall perform those surveying services required by law of a City Engineer/City Surveyor within the City to the extent that those services would normally be performed by a City Engineer or City Surveyor. This Agreement shall not cover or affect those services of the office of County Surveyor which are a legally required function of that office throughout the County, whether within incorporated areas or not. In addition, this Agreement shall not cover any duties of the City Engineer not involving surveying practice. All services shall be provided at the office of the County Surveyor, County Government Center, Room 207, San Luis Obispo, California unless other arrangements are agreed to by the parties. Services shall include, but not be limited to: (a) Subdivision Map Checking. Perform map and document review and approval of surveying requirements for recordation of City-approved projects including, but not limited to, review of Tract and Parcel Maps, Lot Line Adjustments, Voluntary Mergers, and Certificates of Compliance. Review of documents will be completed and returned to the City within twenty (20) days of receipt unless otherwise agreed between the parties. (b) Advisory and Miscellaneous Services. (1) Advise City officials and employees on surveying practice and taking all official acts required of a City Engineer/City Surveyor relating to surveying practice, and surveying requirements for land division and related official duties. —2— = attachment (2) Upon receiving written prior notification by City, attend scheduled City hearings. (3) Upon receiving written prior notification by City, attend scheduled court appearances or other meetings or hearings. (4) On a quarterly basis, provide the City with a detailed activity report. 2. Service Charges to City. The City shall reimburse the County for costs of those services set forth in this Agreement rendered by the County Surveyor and other employees of the San Luis Obispo County Department of Public Works. For all services rendered by County personnel, the City shall be charged and pay to the County all labor costs plus overhead, including overtime rates for evening or weekend work. City shall pay all other incidental fees. Such payments shall be made within thirty (30) days of billing by County. 3. Interpretation/Application of City Code and State Laws. City shall be responsible for the legal work associated with the interpretation and.prosecution of its ordinances, and defense of their content and application. The County Surveyor may consult with County Counsel and/or the San Luis Obispo City Attorney regarding the performance of the official duties of his office, including those applicable to this Agreement. 4. Independent Contractor. It is expressly understood between the parties to this Agreement that no employer/employee relationship is intended and that the relationship of County to City is that of an independent contractor; not by way of limitation of the foregoing, however, the City shall advise the County Surveyor in the implementation and enforcement of its municipal code pursuant to this Agreement. �o —3— 1. ,5 Attachment County, its officers and employees, shall not be deemed to assume any liability for any action or inaction of City, or of any officer or employee thereof. 5. Service to Public and Complaints. The County shall maintain telephone service for the receipt of inquiries, calls or complaints and shall be available for such calls on all working days which are not a County holiday from 8:00 a.m. to 5:00 p.m. All services shall be provided at the office of the County Surveyor, County Government Center, Room 207, San Luis Obispo, California unless other arrangements are agreed to by the parties. 6. Indemnification. The City shall defend, indemnify, and save harmless the County of San Luis Obispo, its officers and employees against any and all claims, loss, liability, expense, judgments, attorney fees, damages or demands of whatever character, direct or consequential, (hereinafter, collectively "Claims"), including Claims of the City, directly or indirectly contributed to or caused by any act or omission of any County Employee under this Agreement, regardless of whether the act or omission is negligent or not. 7. Record Keeping. The office of the County Surveyor shall keep records of all actions taken on behalf of the City under this Agreement and shall maintain separate files for City of San Luis Obispo records in accordance with law. 8. Term of Agreement. This Agreement shall be effective on the date of execution and shall terminate on June 30, 2015, subject, however, to the provisions of Paragraph 9 below. If the parties have not entered into a new agreement for the services set forth herein to commence after the termination of this Agreement, this Agreement shall be automatically extended for a period not to exceed ninety (90) days from its expiration date under the same terms and conditions as are set forth in this / —4— C 7'(O Attachment Agreement, unless thirty (30) days prior to such expiration date either of the parties notifies the other in writing that such extension is not accepted. The rights and obligations of Paragraph 6, "Indemnification," shall survive any such termination. 9. Termination of Agreement for Convenience of Either Party. Either party may terminate this Agreement at any time by giving to the other party sixty (60) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. County shall be paid for all work completed prior to the effective date of said termination. 10. Ownership of Documents. All reports and documents prepared by County under this Agreement are the joint property of the City and the County. 11. Assignment or Transfer of Contract. County shall not assign, transfer or subcontract this Agreement or any interest therein without the prior written consent of the City. 12. Effect of Waiver. County's or City's waiver of the breach of any one term, covenant, or provision of this Agreement shall not be a waiver of a subsequent breach of the same term, covenant, or provision of this Agreement or of the breach of any other term, covenant, or provision of this Agreement. 13. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any covenant or restriction contained herein. 14. Law Governing and Venue. This Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in �d —5— 1 ' Attachment , accordance with the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the County of San Luis Obispo, and such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this Agreement. 15. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 16. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to County shall be addressed as follows: Glen L. Priddy, County Surveyor, Public Works Department, County Government Center, Room 207, San Luis Obispo, California 93408. Notices required to be given to City shall be addressed as follows: Jay Walter, Public Works Director, Public Works Department, 919 Palm Street, San Luis Obispo, California 93401. Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 17. Proiect Managers. The project managers designated by each party to this Agreement for the administration and implementation of this Agreement are: (a) Hal Hannula, Supervising Civil Engineer, City of San Luis Obispo, and (b) Glenn Marshall, Development Services Engineer, County of San Luis Obispo. 18. Entire Agreement and Modifications. This Agreement sets forth the full and entire understanding of the parties regarding the matter set forth herein, and any other -6- C-4-Y =Attachment prior or existing understandings or Agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations to the provisions of this Agreement shall be effective unless in writing and executed by the parties hereto or their assigns and successors in interest. 19. Section Headings. The section headings appearing herein shall not be deemed to govern, limit, modify or any manner affect the scope, meaning or intent of the provisions of this Agreement. 20. Interpretation. The terms and conditions of this Agreement shall be construed pursuant to their plain and ordinary meaning and shall not be interpreted against the..maker by virtue of that party having drafted the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF SAN LUIS OBISPO By: Mayor of the City of San Luis Obispo ATTEST: City Clerk of the City of San Luis Obispo APPROVED AS TO FORM: By: AN LOWELL City Attorney Dated: �o —7— 1. �� Attachment APPROVED AS TO CONTENT: By: Public Works Director Dated: COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: WARREN R. JENSEN County Counsel By: Deputy County Counsel Dated: APPROVED AS TO CONTENT: By: Public Works Director By: County Surveyor Dated: -8- ��- �° RJEC I ED \ OCT 0 1 2009 To whom it may concern: RO CITY CLERK This letter is in regards to opposing the appeal written by Mr. Nicholson, who claims that there is no hardship involved with on-going maintenance of the date palm. The fact is that after ` s 30 years of experience, maintenance is very.expensive due to the fact that we have to have an aerial lift truck to remove the over grown fronds and dates that are a potential hazard to the residents. Because of this never ending maintenance I have to pay roughly $1500 every other year.The average cost of removal is $1500 and does not include the grinding of the stump, this would eliminate any biannually maintenance cost. I understand that if you grant approval to remove my tree I have 90 days to complete this task by October 29, 2009 which is when the permit expires. I have a $4000 dental bill that I have to pay for this year which is.due October 26, 2009. I can't afford to pay for the tree removal since I have this dental bill. Incidentally, Mr. Nicholson wasn't present at my hearing, so he is not understanding of my dilemma. Even though Mr. Nicholson has great sympathy for the 80 year old tree, he doesn't have any for an 80+ year old women on a limited income. Thank you for your kind attention to this matter, Evelyn Talmage V / O LAA eoz —Z(e.,-.4 Le.� Z47 ��Jae e�- Ll LeI2 �64 Lo ( d n