HomeMy WebLinkAbout03 - Mariners Pointe (PA2010-114)���WPORr CITY OF
IT NEWPORT BEACH
<oaH'P City Council Staff Report Agenda Item No. 3
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Jaime Murillo, Associate Planner
APPROVED: A K /�
TITLE: Mariner's Pointe- Second Reading of Ordinance (PA2010 -114)
100 -300 West Coast Highway
ABSTRACT:
An amendment to the Zoning Map of the Zoning Code to increase the allowable floor
area limitation for the project site from 0.3/0.5 FAR to a maximum development limit of
19,905 square feet (approx. 0.6 FAR). The Code Amendment will be consistent with
General Plan Amendment No. GP2011 -009 that was approved on the August 9, 2011,
City Council meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2011 -22 (Attachment No. CC1)
approving Code Amendment No. CA2011 -009.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Ordinance No. 2011 -22 was considered and introduced at the August 9, 2011, City
Council meeting in conjunction with a General Plan Amendment and related
discretionary applications to accommodate the development of a new 19,905- square-
foot, two -story commercial building and a three -level parking structure. If it is the
Council's desire, it will be appropriate to adopt the Ordinance at the September 13,
2011, meeting.
1
100 -300 West Coast Highway
September 13, 2011
Page 2
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting
Program were adopted by the City Council (Resolution No. 2011 -86) on August 9, 2011,
in accordance with the implementing guidelines of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and City Council Policy K -3.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Kimberly Brandt, P
Director
Attachments: CC 1 Ordinance No. 2011 -22
2
ATTACHMENT NO. CC1
Ordinance No. 2011 -22
s
Gl
ORDINANCE NO. 2011 -22
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
APPROVING CODE AMENDMENT NO. CA2010 -009
INCREASING THE MAXIMUM DEVELOPMENT LIMIT FOR
PROPERTY LOCATED AT 100 -300 WEST COAST HIGHWAY TO
19,905 SQUARE FEET (PA2010 -114)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by VBAS Corporation, with respect to properties located at 100-
300 West Coast Highway, and legally described as Lots 1, 2, 3 ,4, 5, and 6 of Tract No.
1210 requesting approval of a General Plan Amendment (GPA) to accommodate the
development of a 23,015- square -foot, two -story commercial building and a three -story
parking structure The following applications were requested or required in order to
implement the project as proposed:
a. An amendment to the Land Use Element of the General Plan to increase the
allowable floor area for the project site from 16,518 square feet (0.5 FAR) to a
maximum development limit of 23,015 square feet (approx. 0.7 FAR);
b. An amendment to the Zoning Map of the Zoning Code to increase the allowable
floor area limitation for the project site from 0.3/0.5 FAR to a maximum
development limit of 23,015 square feet (approx. 0.7 FAR);
c. A site development review to allow the construction of a 23,015- square -foot,
two -story building and a three -story parking structure that will exceed the 31-
foot base height limit with a maximum height of 40 feet;
d. A conditional use permit to allow for the construction of a parking structure
adjacent to a residential zoning district, to modify the off - street parking
requirements, allow for the use of off -site parking, and to establish a parking
management plan for the site;
e. A variance to allow the commercial building and parking structure to encroach
five feet into the five -foot rear yard setback;
f. A parcel map to consolidate six lots into one parcel; and
g. A traffic study pursuant to the City's Traffic Phasing Ordinance.
2. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is Commercial General (CG).
3. The subject property is not located within the coastal zone.
5
City Council Ordinance No. _
Paqe 2 of 7
4. A public hearing was held by the Planning Commission on June 23, 2011, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting.
5. At the June 23, 2011, Planning Commission hearing, the Planning Commission voted
unanimously to deny the project without prejudice.
6. On July 1, 2011, the Planning Commission's decision to deny the applicant's request was
appealed by City Councilmember Edward Selich. The appeal was filed to allow the City
Council an opportunity to review the project since the project sits at the western entry
into the Mariner's Mile corridor, which is an area the City is trying to revitalize given the
poor condition of the properties.
7. Due to the concerns expressed by the community and the Planning Commission at the
June 23, 2011, Planning Commission hearing, the applicant modified the application
request by reducing the project gross floor area from 23,015 square feet (approx 0.7
FAR) to 19,905 square feet (approx. 0.6 FAR), increased on -site parking supplies, and
eliminating the need for off -site parking.
8. A public hearing was held by the City Council on August 9, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting.
9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo,"
meaning that it was a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3.
2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period
beginning on April 11, 2011 and ending on May 11, 2011. The contents of the
environmental document and comments on the document were considered by the City
Council in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse affects on human beings that would be
caused. Additionally, there are no long -term environmental goals that would be
Tmplt: 11/23/09 0
City Council Ordinance No. _
Paqe 3 of 7
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
were adopted by City Council Resolution No.2011 -86. The modifications proposed by
the applicant subsequent to the circulation of the Mitigated Negative Declaration do
not constitute "substantial revisions" that would warrant recirculation of the MND
pursuant to CEQA Guidelines Section 15073.5. The document and all material, which
constitute the record upon which this decision was based, are on file with the Planning
Department, City Hall, 3300 Newport Boulevard, Newport Beach, California.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
1. The project site is located within the Mariner's Mile commercial corridor. The Land Use
Element of the General Plan designates the site General Commercial (CG), which is
intended to provide for a wide variety of commercial activities primarily oriented to
serve citywide or regional needs. The proposed commercial building would be
consistent with this designation.
2. General Plan Policy LU 3.2 encourages the enhancement of existing neighborhoods,
districts, and corridors, by allowing for re -use and infill with uses that are
complementary in type, form, scale, and character. The policy states that changes in
use and /or density /intensity should be considered only in those areas that are
economically underperforming, are necessary to accommodate Newport Beach's
share of projected regional population growth, improve the relationship and reduce
commuting distance between home and jobs, or enhance the values that distinguish
Newport Beach as a special place to live for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and
public services, including standards for acceptable traffic level of service.
The proposed General Plan Amendment and Code Amendment for increased intensity
is consistent with General Plan Policy LU 3.2 as follows:
a. The General Plan recognizes the Mariner's Mile corridor as a location that
needs revitalization.
Tmplt: 11/23/09 7
City Council Ordinance No. _
Facie 4of7
b. The increased intensity would provide an economic stimulus needed to
accommodate the redevelopment of six lots into one commercial development.
c. As stated in the General Plan, Newport Beach residents desire high quality
development and have identified the Mariner's Mile corridor is an area that
needs revitalization.
d. Redevelopment of the subject property helps implement the goal of revitalizing
the corridor and may encourage the redevelopment of other underperforming
properties within the Mariner's Mile corridor. The project's high quality and
distinctive architectural features, such as the corner tower element and cupola,
will serve as a focal point and anchor into the entry into the Mariner's Mile
corridor. In addition, the project's landscaping and water feature within the
public right -of -way will significantly improve the streetscape in the corridor.
e. The traffic impact analysis that was prepared for the project found that the
addition of project - related traffic would not have a significant impact at any of
the study intersections.
f. The project site is served by existing infrastructure and public services. The
proposed increase in intensity will not necessitate any expansion of existing
infrastructure. The project will extend the transition area from three lanes to two
lanes (lane drop extension) on West Coast Highway, which will improve safety
of westbound traffic and improve access to the site. The removal of the three
existing power poles and undergrounding of the power lines will provide a public
benefit.
SECTION 4. DECISION.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. The Zoning Map shall be amended as provided in Exhibit "A" and as described below,
with all other provisions of the existing Zoning Map remaining unchanged, for property
located at 100 -300 West Coast Highway, and legally described as Lots 1 through 6 of
Tract No. 1210.
2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
3. This action shall become final and effective thirty days after the adoption of this
Ordinance.
Tmplt: 11/23/09 2
City Council Ordinance No. _
Paae 5 of 7
4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 9`h day of August, 2011, and adopted on the 13`h day of September 2011.
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
u• •:
Michael F. Henn
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
David Hunt, City Attorney
for the City of Newport Beach
Tmpft: 11123/09
City Council Ordinance No. _
Paqe 6 of 7
EXHIBIT "A"
Tmplt: 11/23/09 10
F �
V�
\9ttaiix" +�
CA2010- 009.mxd July/2011
CA2010 -009 (PA2010 -114)
Zoning Code Amendment
100, 224, and 300 West Coast Highway
PC 43
PC 37
0 250 500
Feet
e
1 --
�EVVPpRr CITY OF
NEWPORT BEACH
oaH'P City Council Staff Report Agenda Item No. 13
September 13, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Finance Department
Tracy McCraner, Finance Director /Treasurer
949 - 644 -3123 , tmccraner @newportbeachca.gov
PREPARED BY: Anthony Nguyen, Senior Buyer
APPROVED: A
TITLE: Agreement for City Building Facilities Custodial Services
ABSTRACT:
The City currently engages four (4) separate contractors to provide custodial services to
twenty -three (23) building facilities. The purpose of this proposed Agreement is to
consolidate these contracts and services to have the most qualified contractor provide
custodial services for the City's building facilities. This will provide the most efficient
and cost - effective custodial services to the City.
RECOMMENDATION:
Approve the proposed Agreement between the City of Newport Beach and ABM
Services, Inc. for the provision of custodial services for City building facilities.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this purchase. It will be
expensed to the Janitorial Services account in the following Departments:
Fire Department: 2360 -8081
Library Services Department: 4020 -8081, 4030 -8081, 4040 -8081, 4050-
8081
Municipal Operations Department: 3140 -8081
Police Department: 1820 -8081
Recreation and Senior Services Department: 4335 -8081, 4390 -8081,
4410 -8081
Agreement for City Building Facilities Custodial Services
September 13, 2011
Page 2
DISCUSSION:
On May 9, 2011 a Request for Proposal (RFP) solicitation was issued by staff and
publicly distributed. This RFP solicitation generated proposals from ten (10) firms, all of
which were required to attend a pre - proposal site inspection due to the varying nature of
cleaning requirements at each City building facility. To properly evaluate the proposals,
an evaluation panel was assembled consisting of staff from the Municipal Operations
Department, Library Services Department, Recreation and Senior Services Department,
and Police Department that currently administer the agreements for custodial services
for their respective departments. Below is a comparison of the pricing component from
each of the proposals:
Firm Base Monthly Rate Base Annual Rate
DMS Facility Services
$20,516.12
$246,193.44
Comeland Maintenance Company
$26,679.00
$320,148.00
Bell Building Maintenance
$27,123.00
$325,476.00
ABM Services, Inc.
$27,799.34
$333,592.08
Bergensons Property Services
$28,283.58
$339,402.96
Progreen Building Maintenance
$28,600.00
$343,200.00
A -1 Building Maintenance
$38,684.00
$464,208.00
Uniserve Facilities Services
$40,959.87
$491,518.44
Rogan Building Services
$45,228.00
$542,736.00
Able Building Maintenance
$45,691.87
$548,302.44
In accordance with the administrative procedures set forth in Council Policy F -14, a
Qualifications -Based Selection process was utilized by the evaluation panel. Proposals
were evaluated on criteria that included proposed cost, experience and qualifications of
the proposing firm, administrative and billing methodology, project history with other
agencies or organizations, service deployment and environmentally - friendly cleaning
practices. Furthermore, inclusion of the Police Department in this contract consolidation
effort required prospective custodial firms to have implemented appropriate employee
screening and vetting processes due to the security - related aspects of accessing the
Police Department Headquarters. As such, this was also a determining factor during
the proposal evaluation and contractor selection process. Attachment B illustrates the
tabulation of proposal scores by the evaluation panel.
After evaluating all ten (10) proposals, ABM Services, Inc. was identified as the top -
qualified firm to provide custodial services for the City's building facilities. The
evaluation panel unanimously ranked ABM Services, Inc. as the top- ranked firm. While
ABM Services, Inc. did not submit the lowest cost proposal, their proposed rate was
Agreement for City Building Facilities Custodial Services
September 13, 2011
Page 3
among the lowest and still represented a significant cost savings to the City when
compared to the rates charged by the current custodial services providers. The
proposed service deployment, innovations in environmentally - friendly cleaning practices
and extensive employee vetting procedures performed by ABM Services, Inc.
distinguished them from the other firms that submitted proposals containing lower costs.
One extremely impressive attribute regarding ABM Services, Inc. is their presence and
project experience in the local Orange County area; ABM Services, Inc.'s Orange
County branch alone administers 261 contracts representing over 18,000,000 square
feet of area cleaned. Finally, a verification of ABM Services, Inc.'s references resulted
in nothing but extremely positive remarks from such city agencies as Long Beach,
Orange, Burbank and Cerritos. This is in stark contrast to some of the firms that
proposed lower rates than ABM Services, Inc.; these firms yielded no distinguishing
references or, in some cases, reports of negative experience. These same evaluation
criteria also contributed toward ABM Services, Inc. being awarded an Agreement for the
cleaning of public bathrooms at the City of Newport Beach parks and beaches in July,
2011. The following is an abstract of how all the proposals ranked after undergoing the
Qualifications -Based Selection process; a full explanation can be found in Attachment
B.
Composite Scores (By Rank)
*NOTE* Borda Count utilized - i.e. 1st place rank awarded 10 points. 2nd place 9 points, etc.
ABM Services, Inc.
49
DMS Facility Services
38
A -1 Building Maintenance
34
Bell Building Maintenance
33
Progreen Building Maintenance
31
Comeland Maintenance Company
31
Able Building Maintenance
25
Uniserve Facilities Services
19
Bergensons Property Services
16
Rogan Building Services
15
The proposal from ABM Services, Inc. calls for the contractor to provide all labor,
equipment and supervision to provide custodial services at 23 City building facilities at a
rate of $349,918.68 annually. The proposed Agreement term is for $351,000 annually,
allocating additional funds to allow for as- needed and post -event cleaning that is
occasionally required at the City's rental facilities. The proposed Agreement term is five
years and the Agreement is eligible for a maximum annual CPI adjustment of 3.0% after
the initial year of service. This amount represents an annual cost savings to the City of
Agreement for City Building Facilities Custodial Services
September 13, 2011
Page 4
$83,333.40 when compared with the rates of the four (4) current providers. In addition
to taking advantage of this economy of scale, consolidating these services with one sole
contractor will result in administrative overhead being reduced, allowing staff to operate
more efficiently.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
racy McCraner
Finance Director /Treasu
Attachments: A. Proposed Agreement with ABM Services, Inc.
B. Proposal Evaluation Score Matrix
AGREEMENT FOR CITYWIDE CUSTODIAL SERVICES
AT CITY BUILDINGS AND FACILITIES
WITH ABM SERVICES, INC.
THIS AGREEMENT FOR CITYWIDE BUILDING AND FACILITIES CUSTODIAL
SERVICES ( "Agreement') is made and entered into as of this day of September,
2011 ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ( "City "), and ABM Services, Inc., a
Delaware corporation doing business as (DBA) ABM Janitorial Services ( "Contractor "),
whose principal place of business is 165 Technology Drive, Suite 100, Irvine, California
92618 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires routine custodial services at twenty -three (23) City -owned buildings
and facilities and desires to engage Contractor to provide these services as
further described herein ( "Project').
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
D. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
iMININPd
The term of this Agreement shall commence on the Commencement Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1. Contractor shall perform all the work described in the Scope of Work
attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or
"Work ") at the locations described in the Locations Map and table attached hereto as
Exhibit B and incorporated herein by this reference ( "Project Locations "). As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and Contractor is experienced
in performing the Work contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in
performing the Work required hereunder and that all materials will be of good quality.
For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized as the prevailing industry standard by one or
more firms performing similar work under similar circumstances.
2.2. Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project, unless otherwise
described in the Scope of Work. City shall provide all paper products which, for
purposes of Work shall come to be defined as: paper towels, toilet tissue and toilet seat
covers.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Contractor to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2. Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3. Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator, as defined in Section 5, as soon as reasonably
possible, but no event later than three (3) calendar days after the start of the condition
that purportedly causes a delay. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays that are
beyond Contractor's control.
3.4. For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION
4.1. City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit C and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City, except for the annual adjustment to the rates in proportion to
changes in the Consumer Price Index ( "CPI ") as more particularly described in Section
4.2 below. Contractor's annual compensation shall not exceed Three Hundred Fifty
One Thousand Dollars and 00/100 ($351,000.00) without written amendment to the
Agreement. Contractor's total compensation for Services performed in accordance with
this Agreement, including all reimbursable items, shall not exceed One Million Seven
ABM Services, Inc. Page 2
Hundred Fifty Five Thousand Dollars and 00/100 ($1,755,000.00) without written
amendment to the Agreement.
4.2. Consumer Price Index. Upon the first anniversary of the Commencement
Date and upon each anniversary of the Commencement Date thereafter, the rates to be
paid by the City as set forth in Exhibit C shall be adjusted in proportion to changes in the
Consumer Price Index, subject to the three percent (3.0 %) maximum adjustment
increase set forth below. Such adjustment shall be made by multiplying the original rate
by a fraction, the numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which such
adjustment is to be made and the denominator of which is the value of the Consumer
Price Index for the same calendar month one (1) year prior. For example, if the
adjustment is to occur effective July 1, 2011, the index to be used for the numerator is
the index for the month of April 2011 and the index to be used for the denominator is
April 2010. The "Consumer Price Index" to be used in such calculation is the Consumer
Price Index, All Urban Consumers (All Items) for the Los Angeles Anaheim Riverside
Metropolitan Area, published by the United States Department of Labor, Bureau of
Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is
no longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
agreement be reduced below the rate in effect immediately preceding such adjustment.
The maximum increase to the rate, for any year where an adjustment is made in
proportion to changes in the Consumer Price Index, shall not exceed 3.0% of the Rate
in effect immediately preceding such adjustment.
4.3. Invoices. Contractor shall submit monthly invoices to City describing the
Work performed the preceding month. Contractor's bills shall include the name of the
person and /or classification of employee who performed the Work, a brief description of
the Services performed and /or the specific task from the Scope Services attached
hereto which it relates, the date the Services were performed, the number of hours
spent on all Work billed on an hourly basis, and a description of any reimbursable
expenditures. City shall pay Contractor no later than thirty (30) days after approval of
the monthly invoice by City staff.
4.4. City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Services attached hereto. Unless otherwise
approved, such costs shall be limited and include nothing more than the actual costs
and /or other costs and /or payments specifically authorized in advance in writing and
incurred by Contractor in the performance of this Agreement.
4.5. Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator (as defined in Section 5 below) to be necessary
for the proper completion of the Project, but which is not included within the Scope of
Work and which the City and Contractor did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in accordance
with the Schedule of Billing Rates set forth in Exhibit C.
ABM Services, Inc. Page 3
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department. The
Operations Support Superintendent, or his /her designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
6. PROJECT MANAGER
6.1. Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Santiago Medrano,
District Supervisor, to be its Project Manager. Contractor shall not remove or reassign
the Project Manager or any personnel or assign any new or replacement personnel to
the Project without the prior written notice to City.
6.2. Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6.3. Contractor warrants that all persons employed under this Agreement may
legally work in this State and have satisfactory past records indicating their ability to
accept the kind of responsibility anticipated for this Work. Upon receipt of the notice of
award from the City, the Contractor shall supply a list of the personnel who will perform
the Work, within fifteen (15) days.
6.4. Contractor shall provide the contact information of the supervisor on -duty
while Services are being performed.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1. Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed unless approved in advance by the Project
Administrator.
7.2. All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7.3. Contractor shall provide an employee manual or its equivalent to the
Project Administrator for review. Contractor's employees shall wear uniforms and
operate vehicles that are clean in appearance and prominently display the Contractor's
name and contact information.
ABM Services, Inc. Page 4
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1. City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
8.3.1. Notwithstanding the foregoing, nothing herein shall be construed
to require Contractor to indemnify the Indemnified Parties from any Claim arising from
the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
8.4. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work.
8.5. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
ABM Services, Inc. Page 5
8.6. The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
i111016161:2 =1ZT-AI Is] �
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
11.INSURANCE
11.1. Without limiting Contractor's indemnification of City, and rip or to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
11.2. Coverage and Limit Requirements.
11.2.1. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
11.2.2. General Liability. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars
ABM Services, Inc. Page 6
($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability.
Coverage shall be at least as broad as that provided by Insurance Services Office form
CG 00 01. None of the policies required herein shall be in compliance with these
requirements if they include any limiting endorsement that has not been first submitted
to City and approved in writing.
11.2.3. Automobile Liability. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
11.3. Other Insurance Provisions or Requirements.
11.3.1. Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
11.3.2. General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
11.3.2.1. City, its elected or appointed officers, agents, officials,
employees, and volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the insured's
general supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City, its elected or appointed
officers, officials, employees, agents or volunteers. Contractor shall submit to City a
copy of the additional insured endorsement along with the required certificates of
insurance.
11.3.2.2. Contractor's insurance coverage shall be primary
insurance and /or primary source of recovery as respects City, its elected or appointed
officers, agents, officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or services provided
to the City. Any insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
ABM Services, Inc. Page 7
11.3.2.3. Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
11.4. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
11.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellation (except for
nonpayment for which 10 days notice is required) or nonrenewal of coverage for each
required coverage except for builder's risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for 30 days written notice to City
of cancellation or nonrenewal, except for nonpayment for which 10 days notice is
required.
11.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
11.7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
11.8. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
11.9. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
11.10. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
ABM Services, Inc. Page 8
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
11.11. City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
11.12. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to apply to the full
extent of the policies. Nothing contained in this agreement or any other agreement
relating to the city or its operations limits the application of such insurance coverage.
11.13. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
12. RECORDS /REPORTS
12.1. All Contractor's books and other business records, or such part as may be
used in the performance of this Agreement, shall be subject to inspection and audit by
any authorized City representative during regular business hours.
12.2. No report, information, or other data given to or prepared or assembled by
Contractor pursuant to this Agreement may be made available to any individual or
organization without prior approval by City.
12.3. Contractor shall, at such time and in such form as City may require,
provide reports concerning the status or cost of Services required by this Agreement.
12.4. Required Reports.
12.4.1. Activity Report. The Contractor is required to keep a daily log of
all buildings and facilities serviced, the name of the staff member(s) who performed the
Service, and the approximate time that the Service was performed. Each month, a
report shall be prepared from the daily log, giving a brief description of all routine,
special events, and emergency Services performed. The Contractor shall submit the
report prepared from the daily log when submitting the monthly invoice to the Project
Administrator. The Contractor shall meet monthly with the Project Administrator to
review the activity report.
ABM Services, Inc. Page 9
12.4.2. Communications Report. The Contractor is required to keep a
daily log of all communications from the City, including, but not limited to the Municipal
Operations Department and the Police Department; and a daily log of all
communications from members of the public to the Contractor, whether or not those
communications required a request for service, and a description of the action taken
from the communication. The Contractor shall submit the daily log when submitting the
monthly invoice to the Project Administrator.
12.5. Contractor shall keep records and invoices in connection with its Work to
be performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records.
Contractor shall maintain and allow inspection of all Work, data, documents,
proceedings, and activities related to this Agreement for a period of three (3) years from
the date of final payment under this Agreement.
13.WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. INCREASE OR DECREASE IN SCOPE OF WORK
City reserves the right to withdraw certain locations, tasks and /or reduce the frequency
of Services from the Scope of Work to be performed by Contractor pursuant to this
Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30)
days prior to the effective date of withdrawal of any Work. In the event a location, task
or a reduction in the frequency of Services is made from the Scope of Work,
compensation to Contractor shall be reduced in accordance with the Contractor's unit
costs specified in Exhibit C. In the event the location is withdrawn for a period of less
than a full year, Contractor's compensation shall be reduced on a prorated basis.
15. CONFLICTS OF INTEREST
15.1. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
15.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
ABM Services, Inc. Page 10
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
16.NOTICES
16.1. All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Operations Support Superintendent
Municipal Operations Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
16.2. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Santiago Medrano, District Supervisor
ABM Janitorial Services
165 Technology Drive, Suite 100
Irvine, California 92618
Phone: 949 - 585 -5900
Fax: 949 - 585 -5994
17. NOTICE OF CLAIMS
17.1. Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under the Agreement, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to all claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
18.TERMINATION
18.1. In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
ABM Services, Inc. Page 11
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
18.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. In the event of termination under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Agreement.
19. STANDARD PROVISIONS
19.1. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
19.2. Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
19.3. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
19.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
19.5. Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
19.6. Effect of Contractor's Execution. Execution of this Agreement by
Contractor is a representation that Contractor has visited the Project Site, has become
familiar with the local conditions under which the Work is to be performed, and has
taken into consideration these factors in submitting its Project Proposal and Scope of
Work.
19.7. Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
ABM Services, Inc. Page 12
19.8. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
19.9. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
19.10. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
19.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
19.12. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
ABM Services, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
In
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Bv:
Michael F. Henn
Mayor
CONSULTANT: ABM Services, Inc., A
Delaware corporation
Date:
M
James M. Altieri
Regional Vice President
Date:
M
Carey M. Doss
Vice President, Operations
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work/ Schedule
Exhibit B - Project Location Map
Exhibit C - Schedule of Billing Rates
ABM Services, Inc. Page 14
RECEIVED
PROOF OF
2011 OCT 13 AM 9: 33
PUBLICATION
OFFICE OF
TN_ CITY CLERK
CITY O� 'BrORT BEACH
_
CITYOFNEWPORTSEACN
STATE OF CALIFORNIA)
PUBUC NOTICE
SS.
ORDINANCE SUMMARY
NOTICE IS HEREBY
GIVEN that on Septem-
COUNTY OF ORANGE)
the City
Council
Co
cil of the
of the City of
Newport Beach, Califor.
nia, adopted an Ordi.
nance entitled:
I am a citizen of the United States
NO.. °2o; "s2
and a resident of the County of Los
AN OF
THE CITY ORDINANCE COUNCIL OF
Angeles; I am over the age of
THE CITY OF NEW -,
PORT -
�
ei
eighteen ears, and not a art to or
9 Y party
IBEACH ORO
AMENDMENT NO.
interested in the action for which the
CA2010 -009 IN-
MUM'"
DEVELOPMENT
attached notice was published. I am
LIMIT FOR PROPERTY
LOCATED AT 100 -300
a principal clerk of the "Newport
WEST COAST HIGH -
1
WAY j1
Harbor News Press combined with
A R E F,F E T
The 010 -11 )
Daily Pilot", which was adjudged a
will
amend the Zoning Map
of the Zoning Code to
newspaper g
er
news a of general circulation for
Increase the allowable
floor area limitation for
the City of Newport Beach, County of
the ject
0.3 /0.5o FAR maxi.
Orange, and State of California.
tolta
mum development limit
of 19,905 square feet
Attached to this Affidavit is a true and
(approx. 0.6 FAR).
This Ordinance was
correct copy that was printed and
adopted by the City
council of the City of
published on the following date(s):
Newport Beach, Califor.
nia, at a regular meet.
ing thereof on the 13th
day of September,
2011, by the following
vote:
AYES: Hill, Rosansky,
September 17, 2011
Henn Curry, Mayor
Henn
NOES: Gardner, Daigle
ASSENT:None
ABSTAIN: None
Ordinance No. 2011 -22
shall become final and
1 certify (or declare) under penalty of
effective thirty (30)
days after adoption.
perjury that the foregoing is true and
Dated this 14th day of
September,
correct.
/ 5011.
Leilani I. Brown, City
Clark
City of Newport Beach
Published Newport Beach/
Costa Mesa Daily Pilot
1 September 17, 2011
Executed on September 26, 2011
at Los Angeles, California
vSignature