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HomeMy WebLinkAbout2023-81 - Creating an Ad Hoc Committee to Make Recommendations to the City Council on the Third Amendment to the Memorandum of Understanding with the Newport Beach Public Library Foundation Related to Funding the Library Lecture HallRESOLUTION NO. 2023-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL ON THE THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION RELATED TO FUNDING THE LIBRARY LECTURE HALL WHEREAS, on January 28, 2020, the City Council adopted Resolution No. 2019-9 forming an Ad Hoc Committee to explore private funding of the Library Lecture Hall; WHEREAS, the City Council approved a Memorandum of Understanding ("MOU") between the City and the Newport Beach Public Library Foundation ("Foundation") at the November 30, 2021, City Council meeting to fundraise and equally share in the cost of completion of the Library Lecture Hall which was estimated at $12,800,000; WHEREAS, the City and Foundation entered into a First Amendment to the MOU as of September 12, 2022, that modified the timing of the payment of the Foundation's commitment, provided an additional naming opportunity of the audio-visual booth, refined definitions and other non -substantive revisions; WHEREAS, the City and Foundation entered into a Second Amendment to the MOU as of November 15, 2022, that provided an additional naming opportunity of the auditorium; WHEREAS, the total project cost has increased significantly so that the total cost to complete the Library Lecture Hall is estimated at $23,438,935; WHEREAS, the Foundation currently has $7,000,000 available to be placed in escrow prior to the City Council consideration of whether to award the construction contract; WHEREAS, the Foundation has committed to raise additional funds for a total of $11,719,500 to complete the Library Lecture Hall that will be provided to the City after the construction contract is awarded; and WHEREAS, the City Council wishes to establish an Ad Hoc Committee to make recommendations to the City Council on a Third Amendment to the MOU that increases the Foundation's financial commitment to $11,719,500 and ensures the City will receive those funds after the construction contract is awarded. Resolution No. 2023-81 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee comprised, of three Council Members, who shall be appointed by the Mayor and confirmed by the entire City Council, to make recommendations to the entire City Council regarding the terms of the Third Amendment to the MOU. Section 2: The Ad Hoc Committee shall be an advisory committee that shall expire upon the making of recommendations to the entire City Council regarding the terms of the Third Amendment to the MOU. Section 3: The Ad Hoc Committee shall not be subject to the Brown Act; however, the recommendation of the Ad Hoc Committee to the City Council shall be considered at a meeting of the entire City Council noticed in accordance with California Government Code Section 54950 et seq. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 6: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-81 Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 28th day of Novemher 2023_ "I a1*3IF Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE z' -"� 11-1 k/ Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-81 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of November, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of November, 2023. (2C6 C k� Leilani I. Brown City Clerk Newport Beach, California