Loading...
HomeMy WebLinkAbout13 - Amortization Program for Identified Nonconforming SignsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community & Economic Development; Planning Department George A. Berger, AICP; Program Manager (949) 644 -3207; gaberger @city.newport- beach.ca.us SUBJECT: Budget Amendment and Amendment to Professional Services Agreement with RBF Consulting to provide Survey and Implementation of the Amortization Program for Identified Nonconforming Signs. RECOMMENDATIONS 1) Approve a budget amendment to transfer $33,000 from unappropriated General Fund reserve, 010 -3605, to Account number 2710 -8261, Special Expense, Sign Regulations. 2) Approve and authorize the Mayor and City Clerk to sign the amendment to the agreement. DISCUSSION RBF Consulting, Inc. has provided consulting services to the Planning Department for the past two years, assisting staff and the Advisory Committee to prepare the City's update of its Sign Regulations and Sign Design Guidelines. One of the code sections adopted by the City Council pertains to signs made non - conforming with the new regulations, which the Council has chosen to amortize, under a schedule of not less than 15 years as required by California law. The state law requires that an inventory of those signs made nonconforming be undertaken, so that there is a written record available at such time as the City requires their removal. At the time of the initial Planning Commission and Council reviews of the proposed Ordinance, staff provided an initial estimate of the costs (approximately $9,500) required to undertake the inventory, which was based on amortizing roof - mounted and "pole" signs RBF Consulting, Sign Amortization B.A. April 25, 2006 Page 2 only. However, the Council action added three additional categories of signs required to be amortized —signs requiring additional surveying work to determine, with a high degree of accuracy, their conformance. At that time, staff informed the City Council that a budget amendment would be necessary to appropriate General Fund reserves in order to complete an appropriate inventory. The 'not -to- exceed' cost estimate provided by RBF Consulting is $30,000, along with a requested contingency budget of $3,000 if required. Staff has reviewed the Scope of Work contained in the Proposal for Services and believes it is adequate to undertake and complete the survey and implementation of the amortization program for identified non - conforming signs. It is anticipated by RBF that the tasks in the Scope of Work will require an estimated 400 hours at an average billing rate of $75/h r. Funding Availability A budget amendment is necessary to increase expenditures by $33,000 in General Fund Budget Item 2710 -8261, Special Expense, Sign Regulations. Submitted by: SHARON Z. W Assistant City ager Prepared by: VIV I ME 11I Attachments: 1. Second Amendment to Professional Services Agreement with RBF Consulting, Inc. 2. Letter from RBF Consulting, Inc. 3. Budget Amendment Z SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this _ day of April 2006, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City") and RBF Consulting, Inc., whose address is 14725 Alton Parkway, Irvine, CA 92618 (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City and Consultant entered into a Professional Services Agreement for a Sign Code Update and Sign Design Guidelines on June 24, 2003 for compensation of $54,720. B. The Professional Services Agreement was amended on February 8, 2005, increasing total compensation to consultant by $28,000, to $87,720. C. The Parties desire to amend the agreement to provide for additional analyses, reports, quantitative analysis and meetings for a not -to- exceed amount of $33,000. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Paragraph 3, Compensation to Consultant, is amended to provide that Consultant's compensation for all work performed in accordance with this agreement shall not exceed One Hundred Twenty Thousand, Seven Hundred and Twenty Dollars ($120,720). 3. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in force and effect in their original form. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb, Mayor ATTEST: LaVonne Harkless, City Clerk CONSULTANT RBF Consulting, Inc. By: Ron Pflugrath, AICP, Vice President 3 . . . CONSULTING March 7, 2006 George Berger C & ED Program Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 MAR 1'3 2006 411 RE: Proposal to Provide Services for a Survey and Implementation of an Amortization Program for Identified Nonconforming Signs Dear Mr. Berger This is in response to your request for a proposal for consulting services in relation to a citywide survey of nonconforming and assistance with an amortization program for such signs. The following nonconforming signs are to be removed or altered to be conforming within 15 years of the effective date of recently approved Sign Code. I. Roof signs 2. Pole signs 3. Internally illuminated signs with a translucent face 4. Signs with letters, text, logos, or symbols taller than 36 inches 5. Signs that exceed 75 square feet in total sign area The nonconforming sign survey and amortization program assistance would be performed as outlined bclow. Task I - Prepare Survey Form. The consultant will prepare a survey form for recording information about each applicable nonconforming sign (including a photograph) and its location by street address. Staff will be asked to approve the survey form prior to its use. Task 2 - Conduct Survey of Applicable Nonconforming Signs. Each of the nonconforming sign types listed above will be photographed and its location recorded on a GIS base map. The address of the owner of the business and the owner of the property of where the sign is located will be provided on the survey form. Task 3 - Prepare Draft Letter to Sign Owners. The consultant will prepare a draft letter to be sent to owners of nonconforming signs that are to be amortized notifying them of the nonconforming status of their sign(s) and informing them of the 15 -year amortization period. The letter will be revised following input from city staff, especially the Office of the City Attorney. City staff will be responsible for mailing of the notice letters and all follow up responses. PLANNING III DESIGN III CONSTRUCTION 14725 Alton Parkway, Irvine. CA 92616-2027 . P.O. Box 57057. Irvine, CA 926197057 . 949.472.3505 • Fax 949.472.8373 Offices located throughout California, Arizona & Nevada a www RBF.com pmtea cn teMlaONPoi It is anticipated that the above tasks will require an estimated 400 hours at an average billing rate of $75/hr. The total fee is estimated to be $30,000 and also includes up to three meetings with staff and overall project management and coordination of the consultant team. This is an all inclusive, not -to- exceed fee. However, due to the uncertainty as to the total number to nonconforming signs to be surveyed, it is recommended that a contingency budget of $3,000 be added to the overall budget. The contingency budget would only be released upon written approval of the city's designated representative. Please review the above and provide any comments. We look forward to continuing to provide the City of Newport Beach with consulting services. You may reach me at 949 - 855 -5778. Sincerely, Ron Pflugrath, AICP Vice President MF CONSULTING PLANNING • DESIGN • CDNSTFUCTION r City of Newport Beach NO. BA- 06BA -061 BUDGET AMENDMENT 2005 -06 AMOUNT: S33,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure 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 NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase budget appropriations for the Amortization Program for Identified Nonconforming Signs. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Number 8261 Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $33,000.00 . $33,000.00 �_j2 �6 Date 1 Date Description Division Number 2710 Plan - Admin Account Number 8261 Spec Expense - Sign Regulations Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Fikncial Approval: Administra ' Services Director Signed: Administrative Appro I: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $33,000.00 . $33,000.00 �_j2 �6 Date 1 Date