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