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Home My WebLink AboutC-3438 - Cost Sharing Agreement for November 20, 2001 Special Election! 0 c 4Q� COST SHARING AGREEMENT This Cost Sharing Agreement (Agreement) entered into this 24th day of July 2001 between CITY OF NEWPORT BEACH (City) and KOLL CENTER NEWPORT NUMBER A (Proponent) is made with reference to the following: RECITALS A. City is a charter city and municipal corporation that is duly organized and validly existing under the Newport Beach City Charter (Charter) and the laws and Constitution of the State of California. B. In October, 1997, Proponent submitted an application for an amendment of the Land Use Element of the Newport Beach General Plan (GPA 97- 3(B)) to increase, by 250,000 square feet, the amount of gross floor area permitted on property known as Koll Center Newport Office Site B. C. In June and July of 2001, the Newport Beach City Council approved GPA 97- 3(6) and related ordinances. D. On July 24, 2001, the Newport Beach City Council determined that voter approval of GPA 97 -3(B) was required pursuant to Section 423 of the City Charter. 1 0 E. Section 423 of the City Charter and Council Policy A -18 authorize the City Council to call a special election for a general plan amendment that requires voter approval if the proponent and the City enter into a cost sharing agreement. F. The Proponent has asked the City Council to schedule a special election on GPA 97 -3(B) (Special Election) and has agreed to pay all of the "out of pocket" costs the City incurs that are related to the Special Election. G. The City Council, in reliance on Proponent's commitment to pay all "out of pocket costs" related to the Special Election, has directed staff to prepare a resolution calling a special election for GPA 97 -3(B). H. City and Proponent are entering into this Agreement pursuant Section 423 of the City Charter and this Agreement is contingent on the decision of the City Council to call the Special Election as well as the consent of the County to conduct the Special Election. NOW, THEREFORE, the Parties agree as follows: 1. TERM This Agreement shall commence on the date the City Council calls the Special Election (Effective Date) and shall terminate when Proponent has fully paid the costs of the Special Election. Either Party shall have the right to terminate this Agreement if the County refuses to agree to conduct the Special Election on the date specified in the City Council resolution calling the Special Election. 2 • 0 2. DUTIES OF PROPONENT Proponent shall do the following: (a) Reimburse the City for all actual costs and expenses incurred by the City relative to the Special Election. Proponent acknowledges that the City will ask the County of Orange to conduct the Special Election and that the costs and expenses of the Special Election are outside the control of the City. Proponent shall not be required to reimburse the City for the work of City staff including work performed by the City Clerk and the City Attorney. Proponent shall reimburse City no later than 10 days after the date on which City mails the request for reimbursement to Proponent. (b) Deposit the sum of $25,000 with the City Clerk (reimbursement account) as of the date this Agreement is executed by Proponent. The City Clerk shall have the right to draw on the reimbursement account to pay any costs related to the Special Election without mailing a request for reimbursement pursuant to Subsection (a). (c) Establish an account (in the form of a certificate of deposit or similar instrument insured by FDIC or similar guarantor) with a financial institution in an amount not less than $50,000 to ensure compliance with the reimbursement obligations in this Agreement. The financial institution shall be instructed to pay funds from this account to the City upon a statement by the City Clerk that Proponent has failed to comply with the provisions of Subsection (a). This account shall be established no later than ten (10) days after the Effective Date of this Agreement. City shall authorize release to Proponent of all funds in this account no later than ten 3 0 (10) days after Proponent has fully complied with the reimbursement obligations of this Agreement. (d) Fully cooperate with the City in the conduct of the Special Election. Proponent shall promptly submit all information, documents and material requested by the City Clerk or City Attorney that are necessary or appropriate for the preparation or publication of the ballot, sample ballot or voter information material. 3. CITY DUTIES City shall do the following: (a) Provide the County with the information and documentation necessary to conduct the Special Election. (b) Reasonably cooperate with the County in the preparation for, and conduct of, the Special Election. (c) Submit a request for reimbursement to Proponent no later than five (5) days after receipt of any bill or invoice related to the Special Election subject to the right of the City Clerk to draw on the reimbursement account pursuant to Subsection 3(b). 4. HOLD HARMLESSMON- LIABILITY (a) Proponent shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, litigation, or litigation 2 expenses arising out of, or in any way related to, the Special Election. Proponent's obligations pursuant to this Subsection shall not extend to any loss, claim, damage, liability, litigation or litigation expense that is proximately caused by the sole negligence of, or willful misconduct or violation of law by, the City and /or its officers or employees. (b) In the event of litigation related to the Special Election, the City Council may select legal counsel to represent the City and /or its officers, employees and representatives. Proponent shall pay all reasonable attorney fees and costs incurred by the City in any litigation arising out of the Special Election and any award, including an award of attorney fees, resulting from the litigation. (c) City shall not be liable to Proponent in damages for any failure to perform its duties or obligations pursuant to this Agreement (for purposes of this Subsection only defined as a City Breach). Proponent acknowledges that it would be impossible to determine if any City Breach damaged Proponent or Proponent's ability to develop the Property in a manner consistent with GPA 97 -3(B). Accordingly, the Parties agree that Proponent's sole remedy for any City Breach shall be an action for specific performance. s. The City Clerk shall be considered the Project Administrator and shall have the authority to act for the City pursuant to this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Special Election and the performance of this Agreement. 5 9 0 6. CITY'S RIGHT TO EMPLOY CONSULTANTS City shall have the right to employ consultants, including election professionals and attorneys, to perform City's duties pursuant to this Agreement and to provide legal advice relative to the Special Election. Proponent shall pay all costs and expenses incurred by City in retaining consultants pursuant to this Section. 7. All notices, demands, or requests required by this Agreement shall be provided in writing and shall be deemed served when delivered personally, when faxed or on the third business day after the deposit in the United States mail, first class postage prepaid and addressed as follows: (a) To City at: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 FAX (949) 644 -3039 (b) To Proponent at: Koll Center Newport Number A C/O Tim Strader 1900 Main Street Suite 350 Irvine, CA 92614 FAX (949) 622 -0404 0 8. DEFAULT 0 Either Party to this Agreement party shall be in default if that Party fails or refuses to perform any material obligation at the time and in the manner required by this Agreement. The Party not in default may give the other Party written notice of default and may terminate this Agreement if written notice of default has been given and: (a) the default is not cured within two (2) days; or (b) the defaulting party fails to give adequate assurance of due performance within two (2) days if more than two (2) days are reasonably required to cure the default. 9. COMPLIANCES Proponent shall comply with all state, federal and local laws and ordinances relative to the conduct of a Special Election. 10. WAIVER A waiver by either Party of any breach of this Agreement shall not be considered as a waiver of any subsequent breach of the same or different provision of this Agreement. 11. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of the Parties and any modification of this Agreement will be effective only if in writing and executed by both City and Proponent. 7 0 • CITY OF NEWPORT BEACH A Municipal Corporation By: &am-a-mm ^00 . Dated: 1 .! 1 Garold B. Adams, Mayor ATTEST: By: Lbz /, //-/ 111ejy�C' LaVonne Harkless, City Clerk AP PRO ED AS TO FORM: By: obert Burnham, City Attorney PROPONENT: By: 1 t Koll Center Newport Number A By Starpointe Ventures Timothy L. Strader � Newer � m C, °" Dated: FORN��' • ��E�ypO�r CITY OF NEWPORT BEACH 6 PLANNING DEPARTMENT Hearing Date: U� �ooNEWPORT60[ILEVARD Agenda Item: � SS NEWPORT BEACH, G g26�8 Staff Person: (949) 644'32°°; FAX (949) 644'325° July 24, 2001 18 Patrick J. Alford (949) 644 -3235 SUMMARY: Determination of whether the Koll Office Site B General Plan Amendment (GPA 97 -3 (B)) requires voter approval pursuant to Section 423 of the Newport Beach City Charter. ACTION: 1) Conduct public hearing; ...... ... 2) Review the Final Report and determine if General Plan p Amendment No. 97 -3 (B) requires voter approval pursuant to Section 423 of the Newport Beach City Charter; } REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Koll Office Site B GPA: Measure S Post Approval Report July 24, 2001 18 Patrick J. Alford (949) 644 -3235 SUMMARY: Determination of whether the Koll Office Site B General Plan Amendment (GPA 97 -3 (B)) requires voter approval pursuant to Section 423 of the Newport Beach City Charter. ACTION: 1) Conduct public hearing; ...... ... 2) Review the Final Report and determine if General Plan p Amendment No. 97 -3 (B) requires voter approval pursuant to Section 423 of the Newport Beach City Charter; } C) c 3) Authorize the Mayor to execute the cost - sharing agreement el- � with the applicant (Koll Center Newport Number A); and Cr' Q G 4) Direct the City Clerk's office to submit resolutions to the City Council for consideration on August 14, 2001 that would call —"- the election on November 20, 2001. Introduction On June 26, 2001, the City Council approved GPA 97 -3 (B), which would amend the Land Use Element of the General Plan to increase the square footage limit of Koll Center Newport Office Site B by 250,000 square feet. City Council Policy A -18 (Measure S Guidelines) requires that the City Council review an updated report on the amendment to reflect the final City Council action (Final Report). Based on the Final Report, the administrative record, and testimony, the City Council is required to determine if the amendment requires voter approval. Pursuant to Section 423 of the Newport Beach City Charter and City Council Policy A -18, the City Council shall submit the amendment to the voters if: 1. The amendment relates to a non - residential use and authorizes an increase in floor area that exceeds 40,000 square feet; or 2. The amendment relates to a residential use and authorizes an increase in the number of dwelling units that exceeds 100 dwelling units; or 3. The amendment modifies the use to generate at least 101 more morning or evening peak hour trips; or 0 0 4. The increase in morning or evening peak hour trips, dwelling units or floor area resulting from the amendment when added to 80 percent of the increases in morning or evening peak hour trips, dwelling units or floor area resulting from prior amendments exceeds one or more of the above thresholds. Analysis The Initial Report concluded that the amendment exceeds two of the four thresholds that require voter approval pursuant to Section 423 of the Newport Beach City Charter and City Council Policy A -18. First, the amendment would authorize an additional 250,000 square feet of floor area, which exceeds the 40,000 square foot threshold for non - residential development intensity. Second, the amendment would allow land uses with the potential to generate an additional 375 a.m. peak hour trips and 285 p.m. peak hour trips, which exceeds the 100 peak hour trip threshold. The final action by the City Council did not alter the conclusions of the Initial Report. Therefore, the City Council is required to submit the amendment to the voters. The City Council is required to adopt appropriate resolutions calling an election on the amendment no more than sixty (60) days after making the determination. The election must be held at the next regular municipal election or at a special election if the applicant has entered into a written agreement with the City to share the costs of the special election. The applicant has submitted letters (Exhibit 1) stating his willingness to enter into a cost sharing agreement with the City to pay 100 percent of the costs of the special election, with the exception of staff costs, and the City Attorney has prepared a written agreement to that effect (see Exhibit 2). The applicant also is willing to agree to deposit $25,000, as well as establish an account with a financial institution in an amount not less than $50,000 to ensure compliance with the reimbursement obligations contained in the cost - sharing agreement. The applicant is requesting that the special election be held on Tuesday, November 20, 2001. The State Elections Code requires that special elections shall be held not less than 88 days nor more than 103 days after the date the City Council calls for the election. Therefore, staff is recommending that the City Council adopt the resolutions on August 14, 2001 calling the election. Recommendation Staff recommends that City Council: 1) Find that General Plan Amendment No. 97 -3 (B) requires voter approval pursuant to Section 423 of the Newport Beach City Charter; 2) Authorize the Mayor to execute the cost - sharing agreement with the applicant; and 3) Direct the City Clerk's office to submit resolutions to the City Council for consideration on August 14, 2001 that would call the election on November 20, 2001. Koll Office Site B CPA Final Report JUIy 24, 2001 Page 2 Submitted by: PATRICIA L. TEMPLE Planning Director II' Exhibits: 0 0 Prepared by: PATRICK J. ALFORD Senior Planner� / GI 1. Applicant's letters (3) regarding the election on the project. 2. Draft cost - sharing agreement. 0 Koll Office Site B GPA Final Report July 24, 2001 Page 3 0 STARPOINTE VENTURES July 11, 2001 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92660 Date Copies Sent Tx ,,ErVayor �p Council Member �y0�ellanager O O RE: Koll Center Newport Number A Dear Council Members: 0 RECEIVED -01 JUL 13 A 8 :26 OFFICE F NEWPORT BEACH I understand that the Registrar of Voters has refused to set the election date on November 13, 2001, but indicated that November 20, 2001 would be acceptable. Please have the election set on November 20, 2001. Sincerely, KOLLLL CENTER NEWPORT NUMBER A I 1 kSder Tin bL TLS:mg 1900 Blain Street, Suite 350, Irvine, California 92614 (949) 622 -0420 * Fax (949) 62240404 * www.svdev.com E 0 r] 0 • • STARPOMM v mil\ 1 MS July 11, 2001 City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Date 7 I13 Cop ' Sent To: Mayor ncil Member �ffyanager �A ey RE: Koll Center Newport Number A Dear Council Members: E RECEIVED '01 ,U. 13 A8 26 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH Due to some obligations that have come up, we would like to propose the special election be held on November 13, 2001. We are willing to enter into a cost sharing agreement with the City to pay 100% of the hard costs (not staff costs) for such election, and agree to deposit $25,000 with the balance due upon receipt of an invoice from the County. Very truly yours, KKOLL CENTER N PORT NUMBER A Timothy L. Strader TLS:mg 1900 Main Street, Suite 350, Irvine:, CaHEmuia 92614 (949) 622 -0420 * Fax (949) 622.0404 * www.avdevcom 0 0 RIJ MWIZI9 July 5, 2001 City Council City ofNe wport Beach 3300 Newport Boulevard Newport Beach, CA 92660 RE: Koll Center Newport Number A Dear Council Members: Date I �' o Copies Sent To: ,b layor ,0 4uncil Member ,01%nager j�tt pS ey - ❑ — I have been in touch with the City Clerk, LaVonne Harkless, regarding a special election for the Koll Center Newport General Plan Amendment. We understand that the planning staff will be presenting the "post - approval report" as required by the existing Greenlight policy at the July 24, 2001 City Council meeting. If the Council decides that the project requires a vote, we are willing to enter into a cost sharing agreement with the City to pay 100% of the hard costs (not staff costs) for such election, and agree to deposit $25,000 with the balance due upon receipt of an invoice from the County. We would like to have the election set for Tuesday, November 20, 2001. Very iruly yours, KOLL CENTER NEWPORT NUMBER A r,a :qni <n 6 d om ~ "� m m-, 0 n Timothy L. Strader 4x TLS:mg oC e mK n M co �2= a �X 1900 Blain Street, Suite 350, Irvine, California 92614 (949) 622.0420 * Fax (949) 622 -0404 * www.ovdev.com 0 0 • • 0 COST SHARING AGREEMENT This Cost Sharing Agreement (Agreement) entered into this 24th day of July 2001 between CITY OF NEWPORT BEACH (City) and KOLL CENTER NEWPORT NUMBER A (Proponent) is made with reference to the following: RECITALS A. City is a charter city and municipal corporation that is duly organized and • validly existing under the Newport Beach City Charter (Charter) and the laws and Constitution of the State of California. B. In October, 1997, Proponent submitted an application for an amendment of the Land Use Element of the Newport Beach General Plan (GPA 97- 3(B)) to increase, by 250,000 square feet, the amount of gross floor area permitted on property known as Koll Center Newport Office Site B. C. In June and July of 2001, the Newport Beach City Council approved GPA 97- 3(B) and related ordinances. D. On July 24, 2001, the Newport Beach City Council determined that voter approval of GPA 97 -3(B) was required pursuant to Section 423 of the City Charter. 1 0 0 E. Section 423 of the City Charter and Council Policy A -18 authorize the City Council to call a special election for a general plan amendment that requires voter approval if the proponent and the City enter into a cost sharing agreement. F. The Proponent has asked the City Council to schedule a special election on GPA 97 -3(B) (Special Election) and has agreed to pay all of the "out of pocket" costs the City incurs that are related to the Special Election. G. The City Council, in reliance on Proponent's commitment to pay all "out of pocket costs" related to the Special Election, has directed staff to prepare a resolution calling a special election for GPA 97 -3(B). H. City and Proponent are entering into this Agreement pursuant Section 423 of the City Charter and this Agreement is contingent on the decision of the City . Council to call the Special Election as well as the consent of the County to conduct the Special Election. NOW, THEREFORE, the Parties agree as follows: 1. TERM This Agreement shall commence on the date the City Council calls the Special Election (Effective Date) and shall terminate when Proponent has fully paid the costs of the Special Election. Either Party shall have the right to terminate this Agreement if the County refuses to agree to conduct the Special Election on the date specified in the City Council resolution calling the Special Election. E 2 E 0 2. DUTIES OF PROPONENT Proponent shall do the following: 0 (a) Reimburse the City for all actual costs and expenses incurred by the City relative to the Special Election. Proponent acknowledges that the City will ask the County of Orange to conduct the Special Election and that the costs and expenses of the Special Election are outside the control of the City. Proponent shall not be required to reimburse the City for the work of City staff including work performed by the City Clerk and the City Attorney. Proponent shall reimburse City no later than 10 days after the date on which City mails the request for reimbursement to Proponent. • (b) Deposit the sum of $25,000 with the City Clerk (reimbursement account) as of the date this Agreement is executed by Proponent. The City Clerk • shall have the right to draw on the reimbursement account to pay any costs related to the Special Election without mailing a request for reimbursement pursuant to Subsection (a). (c) Establish an account (in the form of a certificate of deposit or similar instrument insured by FDIC or similar guarantor) with a financial institution in an amount not less than $50,000 to ensure compliance with the reimbursement obligations in this Agreement. The financial institution shall be instructed to pay funds from this account to the City upon a statement by the City Clerk that Proponent has failed to comply with the provisions of Subsection (a). This account shall be established no later than ten (10) days after the Effective Date of this Agreement. City shall authorize release to Proponent of all funds in this account no later than ten 3 0 0 (10) days after Proponent has fully complied with the reimbursement obligations of this Agreement. (d) Fully cooperate with the City in the conduct of the Special Election. Proponent shall promptly submit all information, documents and material requested by the City Clerk or City Attorney that are necessary or appropriate for the preparation or publication of the ballot, sample ballot or voter information material. 3. CITY DUTIES City shall do the following: (a) Provide the County with the information and documentation necessary to • conduct the Special Election. (b) Reasonably cooperate with the County in the preparation for, and conduct of, the Special Election. (c) Submit a request for reimbursement to Proponent no later than five (5) days after receipt of any bill or invoice related to the Special Election subject to the right of the City Clerk to draw on the reimbursement account pursuant to Subsection 3(b). 4. HOLD HARMLESSMON- LIABILITY (a) Proponent shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, litigation, or litigation • 4 0 expenses arising out of, or in any way related to, the Special Election. Proponent's obligations pursuant to this Subsection shall not extend to any loss, claim, damage, liability, litigation or litigation expense that is proximately caused by the sole negligence of, or willful misconduct or violation of law by, the City and /or its officers or employees. (b) In the event of litigation related to the Special Election, the City Council may select legal counsel to represent the City and /or its officers, employees and representatives. Proponent shall pay all reasonable attorney fees and costs incurred by the City in any litigation arising out of the Special Election and any award, including an award of attorney fees, resulting from the litigation. (c) City shall not be liable to Proponent in damages for any failure to perform its duties or obligations pursuant to this Agreement (for purposes of this Subsection only defined as a City Breach). Proponent acknowledges that it would be impossible to determine if any City Breach damaged Proponent or Proponent's ability to develop the Property in a manner consistent with GPA 97 -3(B). Accordingly, the Parties agree that Proponent's sole remedy for any City Breach shall be an action for specific performance. S. ADMINISTRATION The City Clerk shall be considered the Project Administrator and shall have the authority to act for the City pursuant to this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Special Election and the performance of this Agreement. 5 0 0 0 6. CITY'S RIGHT TO EMPLOY CONSULTANTS City shall have the right to employ consultants, including election professionals and attorneys, to perform City's duties pursuant to this Agreement and to provide legal advice relative to the Special Election. Proponent shall pay all costs and expenses incurred by City in retaining consultants pursuant to this Section. 7. NOTICES /REQUESTS All notices, demands, or requests required by this Agreement shall be provided in writing and shall be deemed served when delivered personally, when faxed or on the third business day after the deposit in the United States mail, first class postage prepaid and addressed as follows: (a) To City at: 9 LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 FAX (949) 644 -3039 (b) To Proponent at: Koll Center Newport Number A C/O Tim Strader 1900 Main Street Suite 350 Irvine, CA 92614 FAX (949) 622 -0404 M 1 0 • • 8. DEFAULT Either Party to this Agreement party shall be in default if that Party fails or refuses to perform any material obligation at the time and in the manner required by this Agreement. The Party not in default may give the other Party written notice of default and may terminate this Agreement if written notice of default has been given and: (a) the default is not cured within two (2) days; or (b) the defaulting party fails to give adequate assurance of due performance within two (2) days if more than two (2) days are reasonably required to cure the default. 0 9. COMPLIANCES Proponent shall comply with all state, federal and local laws and ordinances relative to the conduct of a Special Election. 10. WAIVER A waiver by either Party of any breach of this Agreement shall not be considered as a waiver of any subsequent breach of the same or different provision of this Agreement. 11. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of the Parties and any modification of this Agreement will be effective only if in writing and executed by both City and Proponent. 0 7 LI CITY OF NEWPORT BEACH A Municipal Corporation Garold B. Adams, Mayor ATTEST: By: LaVonne Harkless, City Clerk APPROVED AS TO FORM: By: Robert Burnham, City Attorney PROPONENT: By: Koll Center Newport Number A By Starpointe Ventures Timothy L. Strader Dated: Dated: Dated: Dated: 0 M 0 9 0 nls NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the Koll Office Site B General Plan Amendment 97 -3 (B) Post Approval Report. The City Council shall determine whether the General Plan Amendment 97 -3 (B) requires voter approval pursuant to Section 423 of the Newport Beach City Charter. NOTICE IS FURTHER GIVEN that an initial environmental assessment for the above project was processed and completed in accordance with the California Environmental Quality Act. It was found that because the project could have a significant impact on the environment, an environmental impact report was required. That Environmental Impact Report (EIR) was certified by the City Council on June 26, 2001 and is on file and available for public inspection at the City of Newport Beach Planning Department, 3300 Newport Boulevard, Newport Beach, California. NOTICE IS FURTHER GIVEN that said public hearing will be held on the 24th day of July, 2001, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Qv�ktd ca-> 15 GG"k°t\.`� LaVonne M. Harkless, City Clerk City of Newport Beach 9 - t � Authorised to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, RECEIVED September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION rol A 19 A8:23 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACI{ STATE OF CALIFORNIA) ) SS. County of Orange ) NOTICE OFi,.: PUBLIC HEARING NOTICE IS HEREBY am a Citizen of the.United States and a GIVEN that the City' Council of a the e W resident of the County aforesaid; I am over a°pudk Beach arig oon he the age of eighteen years, and not a party to Koll Office Am B rJso- Kral Plan Site 0 GW ! or interested in the below entitled matter. I 97.3 (B),Post Approval CRY Cetus Mall am a clerk of the NEWPORT determine w shell Gener l whether the General principal Plan Amendment 97.3 Plan BEACH -COSTA MESA DAILY PILOT, a D(B) requires voter ap- of general circulation, printed and Srroval 423 of Pon EEoachts published in the City of Costa Mesa, County NOT C IS GIVEN that an Initial! of-Orange, State of California, and that environmental asseas- mart for the above attached Notice is a true and complete copy project was processed and qca wit ed In ac and co witty the Cell - as was printed and published on the fornia Environmental Quality Act. It was found. following dates: that because the pmlectl could have a sgniticantI ,=Of on the envimn -; mane an environmertl' impact report was requiretl. That Environmental Impact Report ( EIR) was earthed by the City Council on June 26, 2001 and is on file and available for public in- at the CvI o1 Newport Beach Plan- ning Department, 3300 July 14, 2001 Newport Boulevard, Newport Beach, Calfor- nia. NOTICE IS FURTHER GIVEN that said pub9c' hearing will be held on the 24th day of July, 2001, at the hex of 7:09 p m in the Council Cha. mbers of the New- port Beach City Hall; 3300 Newport Boule- vard, Newport Beach, California, at which time I declare, under penalty of perjury, that the and place any and all persona interested may foregoing is true and correct. appear and be heard If you challenge th may be limbed to ralskV , only those issues you or someone else_ raised .at Executed on July 14, 2001 sabra�n thse� de- at Costa Mesa, California. notice or in written oar: respondence delivered to the Coy at. or pdor to, the public bearing. For , information call (949) ® 644 -3200. /at LaVorme city Ity NK I1I Published N°wpert Signature Beach•Coata . . 140 July ' Daily PW 14, 2001 i_....__Sa002