HomeMy WebLinkAbout08 - Sign Code RevisionsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
February 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Tamara Campbell, AICP, Senior Planner
(949) 644 -3238, tcampbellCa)city.newport- beach.ca.us
SUBJECT: BUDGET AMENDMENT AND AMENDMENT TO AGREEMENT WITH
RBF CONSULTING TO EXPAND SCOPE OF WORK FOR SIGN CODE
REVISIONS
RECOMMENDATION:
1) Approve Budget Amendment appropriating $28,000 from the General Fund
Unappropriated Fund Balance to account 2710 -8261 for the additional costs of
completing revisions to the Sign Code associated with conducting.
2) Approve First Amendment to Agreement with RBF Consulting, providing for an
additional public workshop, study sessions and a citywide sign survey.
DISCUSSION:
In June 2003, the City Council entered into a Professional Services Agreement with
RBF Consulting in the amount of $54,720 for a comprehensive update of the Sign Code
and preparation of a Sign Design Guideline Manual. Since then, the consultant has
met seven times with City staff, completed several drafts of the ordinance and prepared
the sign design guidelines. In addition, the Steering Committee (comprised of
representatives from the Business Improvements District's, the two Chambers of
Commerce, The Irvine Company, a homeowner's association'and a local architect) has
met on four occasions. To solicit widespread public input and sign
manufacturer /contractor input, the consultant conducted two public workshops. In
November, the consultant presented the draft to the Economic Development Committee
(EDC).
Budget Amendment and Contract Amendment for Sign Code Regulations
February 8, 2005
Page 2
At the November EDC meeting, the Mayor requested that an additional public workshop
be conducted to ensure adequate notification and interaction with the business
community. Conducting this additional meeting was not included in the original scope of
work and is therefore an expansion of services, necessitating an amendment to the
budget.
In addition to the expanded public outreach effort, the City Attorney hired outside legal
counsel to assist with review of the ordinance. Outside legal counsel prepared a memo
outlining many recommended revisions in response to rapidly changing sign legislation
and recent lawsuits. As a result, further unanticipated revisions have been required of
the consultant. Additional meetings with City staff and the Steering Committee will also
be required. The additional cost of the workshop and revisions to the draft code is
$25,000.
The initial scope of work also requested that the consultant propose a non - conforming
sign and amortization strategy. While many approaches were considered over the last
several months (including a citywide amortization effort), staff is recommending that a
non - conforming sign and amortization program be limited to pole signs and roof -
mounted signs citywide. Not only did individuals attending the public workshops often
express concern with these types of signs, but the cost associated with a citywide sign
abatement program would be substantial. For example, legal requirements mandate
that a citywide sign amortization program include the surveying of every existing sign
and the noticing of each sign owner. If all sign types are included in the amortization
program, the survey would have to include the dimensions of every existing sign, which
would significantly increase the difficulty and cost of the survey. The consultant
estimates that the legally required sign survey of pole and roof signs will cost
approximately $9,600.
Given the additional workshop and revisions to the code, a draft ordinance is scheduled
for consideration by the Planning Commission at the end of April and by the City
Council in May. The survey would most likely be conducted during the summer.
As a final request, additional funding will be necessary for the preparation, printing and
mailing of public workshop notices to all business license owners and commercial
property owners within the City. The estimated expense associated with mailing
approximately 9,480 notices is $3,000.
Environmental Review: Not subject to CEQA, as the activity is not a project as defined
in Section 15378 (b) (4).
Funding Availability: The total amount of $28,000 would be appropriated to account
2710 -8261 (Sign Code Regulations) from the General Fund Unappropriated Fund
Balance.
Budget Amendment and Contract Amendment for Sign Code Regulations
February 8, 2005
Page 3
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TAM A-R-A- J. 41VIFTBELL&UP SHARON Z. OJ
SENIOR PLANNER ASSISTANT Cl"ANAGER
Attachments: First Amendment to Agreement with RBF
Letter from RBF
Budget Amendment #05 BA -007
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 8th day of February 2005, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as
"City ") and RBF Consultants, whose address is 14725 Alton Parkway, Irvine, CA
92618 -2027 (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
comprehensive update of the Sign Regulations and preparation of Sign Design
Guidelines on June 24, 2004.
B. The Parties desire to amend the agreement to provide for an additional public
workshop, and additional code revisions, staff meetings, study sessions and a
citywide sign survey.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Paragraph 2, Services to be Performed, is amended to include Exhibit A to
this Amendment, attached hereto and incorporated herein by reference.
2. 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 Seventy Nine Thousand, Seven Hundred and
Twenty Dollars ($79,720.00)
3. NO AMENDMENT 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.
"I
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Homer Bludau
City Manager
CONSULTANT
RBF Consulting
Michael Burke, AICP
Executive Vice President of Planning
RBF Consulting
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t• 4
CONSULTING
January 28, 2005
JN 10- 103052
Tamara J. Campbell, AICP
Planning Department
City of Newport Beach
3300 New port Boulevard
Newport Beach, CA 92658
RE: Contract Amendment for Additional Work — Newport Beach Sign Ordinance
Dear Ms. Campbell:
This is in response to your request for a proposal for additional work in conjunction with our existing
contract related to amending the City's Sign Code. It is understood that the City is requesting additional
work with regard to expanded community outreach, additional sign committee and staff meetings, an
additional City Council study session, and a citywide survey of nonconforming pole signs and roof signs.
In addition, we are also requesting a budget augmentation in order to make father revisions required as a
result of Randal Morrison's suggested changes.
The total fee for the additional work described below, including a contingency budget to cover unforeseen
work tasks is $24,400.
Outlined below is a description and cost associated with each of the task items.
1. Public workshop — Conduct one public workshop for business and property owners. RBF's project
manager will prepare a PowerPoint presentation and facilitate the workshop designed to inform the
public regarding proposed changes to the Sign Code and to receive public input. Task includes
preparation, workshop facilitation, and follow up. Fee: $1,200.
2. Council study session — Conduct one study session with the City Council to present and discuss
proposed changes to the Sign Code and receive input. Task includes preparation, meeting facilitation,
and follow up. Fee: $1.000
3. Steering Committee meeting — Conduct two meetings with the Steering Committee to present and
discuss latest proposed Sign Code revisions. Task includes preparation, meeting facilitation, and
follow up. Fee: $1,600.
PLANNING ■ DESIGN ■ CONSTRUCTION
14725 Alton Parkway, Irvine, CA 92618 -2027 • P.O. Box 57057, Irvine, CA 92 61 9 -70 57 K 949.855.5783 • Fax 949.837.4122
Offices located throughout California, Arizona & Nevada ■ UDS ®rhf.com to
Vnne on. dW pw
January 28, 2005
Tamara J. Campbell, AICP
Page 2
4. Staff meetings — Attend four meetings with city staff to present and discuss proposed changes to the
Sign Code. Fee: $2,000.
5. Citywide nonconforming sign survey — Conduct a citywide survey of nonconforming pole signs and
roof - mounted signs. The consultant will prepare a survey form for recording information about each
sign and its location by street address. Staff will be asked to approve the survey form prior to its use.
Each sign will be photographed and its location recorded on a GIS base map. It is anticipated that this
task will require 160 hours at an average billing rate of $60/hr. Fee: $9,600.
6. Preparation of Public Review Draft Sign Code — Provide further revisions to the public review draft
Sign Code. Further and unanticipated revisions are required as a result of recommendations provided
by Randall Morrison, an outside attorney hired to review the amended Sign Code. Fee: $4,000.
7. Contingency — It is suggested that a small contingency budget be added to the contract to cover any
unforeseen additional work. Examples may include extra meetings /workshops or computer
simulations showing before and after images. Fee: $5,000.
Please review our proposed contract amendment and provide any comments. We look forward to
continuing to provide the City of Newport Beach with consulting services. We are available to start on the
above tasks immediately. You may reach me at 949 - 855 -5778.
Sincerely,
Ron Pflugrath, AICP
Vice President, Director of Planning and Design
FT
PLANNING ■ OCOIGN ■ CONSTRUCTION
I
City of Newport Beach NO. BA- 039
BUDGET AMENDMENT
2004 -05 AMOUNT: $zs,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 expenditure appropriations related to the updating the City -wide sin code.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund - Fund Balance
Description
Signed
Signed:
Financial Approval: Administrative Services Director
Administrative Approval: City Manager
Amount
Debit Credit
$28,000.00 '
' Automatic System Entry.
$28,000.00
Date
Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
2710 Planning - Administration
Account
Number
8261 Special Expense - Sign Regulations
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed
Signed:
Financial Approval: Administrative Services Director
Administrative Approval: City Manager
Amount
Debit Credit
$28,000.00 '
' Automatic System Entry.
$28,000.00
Date
Date
Signed:
City Council Approval: City Clerk Date