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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