HomeMy WebLinkAbout24 - Central Library Lecture Hall Building - Approval of Conceptual Design and Associated MOUe �EvuPpRr
CITY OF
s NEWPORT BEACH
<,FORNP City Council Staff Report
November 30, 2021
Agenda Item No. 24
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Senior Civil Engineer,
ptauscher@newportbeachca.gov
PHONE: 949-644-3316
TITLE: Resolution No. 2021-126: Central Library Lecture Hall Building —
Approval of Conceptual Design and Associated Memorandum of
Understanding with the Newport Beach Public Library Foundation
ABSTRACT:
The Library Lecture Hall Design Committee (LLHDC), Public Works Department and the
consulting design team held several public working sessions and developed a Conceptual
Design plan for a new Library Lecture Hall building to be located along Avocado Avenue,
southwest of the Central Library (Attachment A). On September 28, 2021, City of Newport
Beach (City) staff and LLHDC members presented the final Conceptual Design and project
cost estimate to the City Council at a study session. After much discussion and review, the City
Council provided direction on the project and for completion of the Memorandum of
Understanding (MOU) with the Newport Beach Public Library Foundation and requested that
the Conceptual Design and MOU come back to the City Council for consideration and formal
approval.
Staff requests City Council review and approval of the Conceptual Design including floor plan
and the exterior architectural style (Attachment B); the project CEQA Categorical Exemption;
necessary exemptions to the land use development standards of the Planned Community "PC -
27 Newport Village" Zoning District (Attachment C); the overall project cost estimate; and the
proposed MOU (Attachment D) between the City and the Newport Beach Public Library
Foundation. Staff is also seeking approval to continue preparation of the final construction
documents and to obtain public bids for construction of the new Library Lecture Hall.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 — Existing Facilities) and 15303 (Class 3 — New Construction or
Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
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Resolution No. 2021-126: Central Library Lecture Hall Building — Approval of Conceptual
Design and Associated Memorandum of Understanding with the Newport Beach Public
Library Foundation
November 30, 2021
Page 2
c) Adopt Resolution No. 2021-126, A Resolution of the City Council of the City of Newport
Beach, California, Exempting the Library Lecture Hall Project from Development Standards
in Accordance with Section 20.10.040 (Applicability of Zoning Code) of the Newport Beach
Municipal Code (PA2019-123);
d) Review and Approve the Memorandum of Understanding (MOU) between the City of
Newport Beach and the Newport Beach Public Library Foundation (NBPLF) related to
fundraising for the Central Library Lecture Hall Building;
e) Review and approve the Conceptual Design and total project cost estimate; and
f) Direct staff to proceed with preparing and completing final Library Lecture Hall building
construction documents and obtaining bids for construction.
DISCUSSION:
Background
The Central Library building was built in 1994 and expanded in 2013, incorporating a second
entrance which connects the Central Library to the Civic Center and park. Coupled with the
development of the Central Library facility is the growing success of numerous, on-going
programs and community events held there each year, including guest speakers and
presentations. Most of the events are held in the Friend's Meeting Room. The Library Services
Department reports that annual participation in programing at the Central Library increased
from approximately 28,000 participants in FY 2009-10 to over 72,000 participants in FY 2018-
19.
At the March 12, 2019, study session, the City Council expressed support for the Library
Lecture Hall project and the architect team selection process. At the meeting, the library
supporters agreed to partner with the City on this project. Council directed staff to return with a
recommendation for awarding the design Professional Service Agreement (PSA) contract for
developing concept and final design plans.
On July 9, 2019, the City Council adopted Resolution 2019-70 establishing the Library Lecture
Hall Design Committee and appointing Council Member Diane Dixon as one of the five
committee members. The LLHDC is a City Council Advisory Committee scheduled to expire
upon the opening of the Library Lecture Hall. The LLHDC formed to undertake selection of an
architect, coordinate and meet with the architect and City staff on the project, and to make
recommendations, as needed, to the entire City Council.
With the support of the LLHDC, Robert R. Coffee Architects + Associates (RCA) was
unanimously selected as the most qualified and responsive firm for this project. On November
19, 2020, RCA was awarded the design contract that includes developing conceptual designs,
attending community and LLHDC meetings, and presenting concepts to the City Council.
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Resolution No. 2021-126: Central Library Lecture Hall Building — Approval of Conceptual
Design and Associated Memorandum of Understanding with the Newport Beach Public
Library Foundation
November 30, 2021
Page 3
On April 30, 2021, staff and the project architect presented the project concept to The Irvine
Company (TIC) as stipulated in the amended Special Land Use Restrictions approved by the
City Council on November 19, 2019. Following some changes and LLHDC approval, the
revised concept plan was approved by TIC on August 18, 2021 (Attachment E). The revised
building concept will meet the community's use needs and reflects an architectural style
supported by TIC and the LLHDC.
On September 28, 2021, City staff and LLHDC members returned to a City Council study
session and presented the final revised Conceptual Design, project cost estimate, and tentative
funding terms for the MOU with the Newport Beach Public Library Foundation. After much
discussion and review, the City Council provided direction on the project (with a straw vote
approval on the Conceptual Design) and for completion of the MOU, including raising the City's
funding commitment from $4,000,000 to a 50-50 match, with a maximum City contribution of
$6,500,000, and requested that the Conceptual Design and MOU come back to the City Council
for consideration and formal approval.
Proposed Project
The proposed project consists of final design and development of a new, 9,500 -square -foot
Lecture Hall near the Central Library. The building will be able to host up to 299 people. The
continued growth and use of the Friends Room motivated residents in developing a lecture hall
with increased seating and an enhanced experience for the public. The new facility will also
resolve existing program shortfalls and will include a greenroom, storage and an audio-visual
control room.
The Conceptual Design includes approximately 9,500 square -feet of usable interior space that
has:
• Up to 299 fixed seats;
• Greenroom and facility storage rooms;
• An audio-visual room;
• Men's and women's restrooms;
• Improved parking circulation and a drop-off area; and
• An updated courtyard.
The proposed exterior finishes of the facility are a combination of stone veneers, concrete,
aluminum composite panels, painted metals, and tinted glass complementing the architecture
of the neighboring City Hall and Central Library.
Schedule
The tentative schedule for this project is as follows:
Project Schedule:
Council Approval of Concepts/Budget/Schedule/CEQA November 30, 2021
Advertise Project * Summer 2022
Award Project Fall 2022
Construction Start Winter 2023
Spring 2024
Construction Complete (15 Months)
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Resolution No. 2021-126: Central Library Lecture Hall Building — Approval of Conceptual
Design and Associated Memorandum of Understanding with the Newport Beach Public
Library Foundation
November 30, 2021
Page 4
*Schedule is dependent on fundraising efforts by Library Foundation as defined in the MOU
Zoning
The project is located within the Planned Community PC -27 - Newport Village Zoning District
("PC -27"), in Area 4 (Institutional/ Governmental). The use of the property for the project is
consistent with the purpose and intent of these designations, and appurtenant library facilities
such as public meeting rooms are specifically permitted.
PC -27 contains development standards for the library including maximum floor area, setbacks,
parking, etc. Flexibility in the applicable development standards is necessary to allow the City
to construct a functional lecture hall that supports library activities that serve the public.
Specifically, flexibility in the maximum floor area, setbacks, and minimum parking standards
would be necessary. Section 20.10.040 (A) of the Newport Beach Municipal Code authorizes
the City Council to exempt City implemented projects by adopting a resolution at a noticed
public hearing. Staff has provided a resolution describing the project and the associated
development standards that are recommended to be waived in order to complete the
construction documents and ultimately construct the project.
As part of the project, several existing parking spaces (approximately 13 spaces) would be
removed and replaced on site, resulting in no net loss of parking spaces. However, no
additional spaces would be provided for the additional square footage of the Library Lecture
Hall. Therefore, the project would not meet the parking requirement of one space per 250
square feet of floor area for library facilities and this standard would need to be waived
(approximately 38 spaces). The proposed lecture hall would serve as an extension to the
existing Central Library and larger events would be programmed in the evening hours, outside
of standard business hours, when City Hall and the library are closed. Furthermore, there are
roughly 35 surplus parking spaces in the Civic Center parking structure that could offset the
parking demand in the library parking lot.
Additionally, the PC -27 allows up to 65,000 square feet on the parcel for library facilities. The
project would exceed this development standard by approximately 7,210 square feet, as
roughly 62,710 square feet have already been built on the parcel to date.
Lastly, PC -27 requires a building setback of 20 feet from the property line along Avocado
Avenue. The back portion of the lecture hall, referred to as the concourse, would project into
the setback area up to 14 feet 6 inches and would require relief from the setback standard of
20 feet. Siting a portion of the structure in the setback allows the project to maintain as many
existing parking spaces as possible and improves the vehicular approach to the library with an
entry drive that terminates at a drop-off plaza. Additionally, portions of the structure that would
encroach into the setback would be elevated roughly five feet from the ground and would
maintain approximately 17 feet to the curb of Avocado Avenue.
The project is consistent with the General Plan Land Use Designation of PF (Public Facilities),
which does not include floor area limits, setback requirements, or minimum parking standards.
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Resolution No. 2021-126: Central Library Lecture Hall Building —Approval of Conceptual
Design and Associated Memorandum of Understanding with the Newport Beach Public
Library Foundation
November 30, 2021
Page 5
Staff is requesting City Council review and approval of the final Conceptual Design, project
CEQA document, requested exemptions of identified development standards, and the funding
MOU between the City and Newport Beach Public Library Foundation.
Fiscal Impact:
Building Project Cost
The estimated Library Lecture Hall building all -in project cost (design, construction, incidentals)
is $12,812,000 as itemized below:
Project Design (Architect, Geotechnical, Survey) $ 672,000
Construction Management & Administration $ 600,000
Incidentals (Utilities, FF&E, Testing) $ 300,000
Facility Construction Estimate (9/20/20) $ 10,218,000
Construction Contingency (10 percent) $ 1,022,000
Estimated Overall Project Cost $ 12,812,000
The project is currently included within the City's Facility Finance Plan. Pursuant to City Council
direction and the proposed MOU agreement, the City has agreed to contribute up to a
maximum of $6,500,000 in City funds, and the NBPLF will fundraise and provide an equal
matching funding share of up to $6,500,000 toward a maximum total project cost of
$13,000,000. The approved FY 2021-22 Capital Improvement Plan (CIP) budget includes
$739,948 million for design. Future CIP budgets will include the remaining City contribution.
Maintenance and Operation Cost Estimate
Staff estimates that the annual maintenance and operation costs (supplies, janitorial, utilities,
minor maintenance, etc.) of the new Library Lecture Hall will be approximately $150,000 and
additional Library Department staff costs will be $50,000.
ENVIRONMENTAL REVIEW:
The project qualifies for categorical exemptions pursuant to Sections 15301 (Existing Facilities)
and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because there is no substantial
evidence demonstrating an exception to reliance on the categorical exemptions. The Class 1
exemption applies to the operation, repair, permitting, or minor alteration of existing public or
private structures involving negligible or no expansion of a use. This exemption includes
additions of up to 10,000 square feet and the proposed project would include no more than
10,000 square feet. The Class 3 exemption applies to the construction and location of a limited
number of new, small facilities or structures. This exemption includes the construction of up to
four nonresidential buildings not exceeding 10,000 square feet.
A detailed analysis and determination supporting the Class 1 and Class 3 exemptions is
attached as Exhibit B of Attachment C.
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Resolution No. 2021-126: Central Library Lecture Hall Building —Approval of Conceptual
Design and Associated Memorandum of Understanding with the Newport Beach Public
Library Foundation
November 30, 2021
Page 6
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) and Chapter 20.62 (Public Hearings) of
the NBMC. Furthermore, in addition to several City Council meeting presentations, the Library
Lecture Hall Design Committee has discussed and presented this project at 14 public meetings.
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Exterior/Interior Concept
Attachment C — Resolution No. 2021-126
Attachment D — Memorandum of Understanding
Attachment E — The Irvine Company concept approval, August 18, 2021
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LEGEND
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Attachment A
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CITY OF NEWPORT BEACH
CENTRAL LIBRARY LECTURE HALL
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
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Attachment B
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ATTACHMENT C
RESOLUTION NO. 2021-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXEMPTING THE
LIBRARY LECTURE HALL PROJECT FROM
DEVELOPMENT STANDARDS IN ACCORDANCE WITH
SECTION 20.10.040 (APPLICABILITY OF ZONING
CODE) OF THE NEWPORT BEACH MUNICIPAL CODE
(PA2019-123)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, the Friends Room located within the Newport Beach Central Library
at 1000 Avocado Avenue in the City of Newport Beach, California ("Property") hosts many
programs including the Witte Lecture Series, Library Live speakers, It's Your Money, and
Medicine in your Backyard, and numerous other speaker events; however, its limited
capacity, sightlines and accoutrements revealed the need for a modern facility;
WHEREAS, the City Council of the City of Newport Beach authorized the
conceptual design and construction documents for the completion of a lecture hall to host
library, cultural, educational, informational, entertainment, civic and community events to
be funded equally between the City and Newport Beach Public Library Foundation
("Project");
WHEREAS, the Property is designated Public Facilities (PF) by the General Plan
Land Use Element of the City of Newport Beach, which is intended to provide public
facilities, including public schools, cultural institutions, government facilities, libraries,
community centers, public hospitals and public utilities;
WHEREAS, the Property is located within the Planned Community (PC) Zoning
District, specifically Newport Village Planned Community District ("PC -27") in the
Governmental/Institutional Area 4, which is intended to provide for a public library use
including appurtenant facilities such as public meeting rooms;
WHEREAS, the Project is not located within the coastal zone;
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Resolution No. 2021 -
Page 2 of 5
WHEREAS, the Project is consistent with the purpose and intent of these
designations, and appurtenant library facilities such as public meeting rooms are
specifically permitted within Area 4 (Governmental and Institutional) of the PC -27
regulations;
WHEREAS, the City Council is considering approval of the final conceptual design
of the Project which is described as a less than 10,000 square foot lecture hall with a
stage, green room, seating for up to a maximum of 299 audience members, ADA
compliant paths of travel and an interior lobby area;
WHEREAS, Section 20.10.040(A) (Applicability of Zoning Code) of the Newport
Beach Municipal Code ("NBMC") authorizes the City Council to exempt City implemented
projects by adopting a resolution at a noticed public hearing upon setting forth the specific
NBMC provisions that apply in the absence of the exemption;
WHEREAS, flexibility in the applicable development standards is necessary to
allow the City to construct a functional Project that supports library activities that serve
the public;
WHEREAS, specifically, flexibility from the maximum floor area, setbacks, and
minimum parking standards set forth in Area 4 (Governmental and Institutional) of the
PC -27 regulations are necessary;
WHEREAS, PC -27 allows up to 65,000 square feet of gross floor area on the
parcel for library facilities; however, the existing Central Library is 62,690 square feet of
gross floor area and the Project would add up to 10,000 square feet of new floor area;
WHEREAS, the approximately 72,690 square feet of existing and proposed gross
floor area on the parcel complies with the Second Amendment to Declaration of Special
Land Use Restrictions (dated December 4, 2019), which restricts the maximum gross
floor area on the parcel to 74,000 square feet;
WHEREAS, PC -27 requires a building setback of 20 feet from the property line
along Avocado Avenue; however, the back portion of the Project referred to as the
concourse, would project into the setback area up to 14 feet 6 inches;
WHEREAS, siting a portion of the structure in the setback allows the Project to
maintain as many existing parking spaces as possible and improves the vehicular
approach to the Central Library with an entry drive that terminates at a drop-off plaza;
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Resolution No. 2021 -
Page 3 of 5
WHEREAS, portions of the structure that would encroach into the Avocado
Avenue setback would be elevated roughly 5 feet from the ground level and cantilevered
over the existing swale and include glass elements, which would reduce the appearance
of bulk and scale for pedestrians and motorists along Avocado Avenue;
WHEREAS, the property line is situated approximately 17 feet from the curb of
Avocado Avenue which creates additional separation from cyclists and motorists along
the street and the nearest driveway is more than 150 feet from the Project such that the
encroachment would not impede sightlines for vehicular access;
WHEREAS, the Project does not result in a loss of parking spaces as
approximately 13 existing parking spaces would be relocated to serve both the Project
and Central Library with the final design and layout of all parking and loading areas being
subject to the review and approval by the City Traffic Engineer and Public Works
Department;
WHEREAS, although the Project does not result a net loss of parking spaces, the
Project does not meet the parking requirement of one space per 250 square feet of floor
area for library facilities required by the PC -27 regulations;
WHEREAS, authorizing the reduction of parking is appropriate in that the Project's
drop-off at the entryway ensures access to those with limited mobility;
WHEREAS, PC -27's parking requirements were adopted at a time when
rideshares were uncommon, therefore, if PC -27 were adopted today, it may result in more
relaxed parking standards applied to the Project;
WHEREAS, the Project is consistent with the General Plan Land Use Designation
PF (Public Facilities) which does not include floor area limits, setback requirements, or
minimum parking standards,
WHEREAS, the Property is in an urban, developed area and utilities including
water, sewer, and other utilities are available on the Property, with only minor extensions
needed to connect to the Project;
WHEREAS, the Project does not exceed the height limit of 45 feet set forth in the
PC -27 regulations, nor would the Project extend higher than the extension of the sight
plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community;
and
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Resolution No. 2021 -
Page 4 of 5
WHEREAS, the City Council held a public hearing on November 30, 2021, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with California
Government Code Section 54950, et seq. ("Ralph M. Brown Act") and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: In accordance with Section 20.10.040 (A) (Applicability of Zoning
Code) of the NBMC, the City Council does hereby exempt the Project as depicted in the
Conceptual Site Plan, which is attached hereto and incorporated herein by reference as
Exhibit "A", from the gross floor area, setback and parking requirements set forth in the
PC -27 Newport Village Planned Community District at the Property located at 1000
Avocado Avenue, Newport Beach, California.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 4: The City Council finds the adoption of this resolution, in addition to
several other actions in furtherance of the Project, are exempt from environmental review
under CEQA pursuant to the categorical exemptions set forth in Sections 15301 (Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because there
is no substantial evidence demonstrating an exception to reliance on the categorical
exemptions. A more detailed analysis and determination supporting the CEQA
exemptions are provided in the attached Exhibit "B," which is attached hereto and
incorporated herein by reference.
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Resolution No. 2021 -
Page 5 of 5
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 30th day of November 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.
ar n C. Harp
City Attorney
Attachment(s): Exhibit A — Conceptual Site Plan
Exhibit B — Findings in Support of Categorical Exemptions under the
California Environmental Quality Act ("CEQA")
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Exhibit "A"
Conceptual Site Plan
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Exhibit "B"
Findings in Support of Categorical Exemptions under the California
Environmental Quality Act ("CEQA") for the Library Lecture Hall
Located at 1000 Avocado Avenue
15301 (Existina Facilities
CEQA's Class 1 Exemption applies to the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures or
topographical features involving negligible or no expansion of a use beyond the use
existing at the time of the lead agency's CEQA determination. (CEQA Guidelines, §
15301.) This exemption includes additions of up to 10,000 square feet in areas where all
public services and facilities are available to allow for maximum development permissible
in the General Plan and is not located in an environmentally sensitive area.
The Property's General Plan Land Use Designation of PF (Public Facilities) does not
include floor area limitations (CEQA Guidelines, § 15301(c).) The portion of the Property
used for the Project would be less than one acre in size and is located on the southwest
side of the library adjacent to Avocado Avenue. The replacement parking would be
located across the existing surface parking lot near the MacArthur Boulevard boundary
of the Property, where there is currently landscaping, hardscaping, and a sculpture. The
Property currently includes the Newport Beach Central Library and surface parking, but
adjacencies include the civic center buildings, a parking structure, as well as surface
parking lots. The Project calls for the construction of a new library lecture hall facility
consisting of no more than 10,000 square feet within existing developed areas that are
not environmentally sensitive. The Project would include related subsequent steps, such
as the approval of a construction contract and execution of other agreements.
The structure would complement the existing facilities on-site and provide additional
space to conduct public activities such as performances and lectures. In this urban,
developed area, utilities including water, sewer, and gas, etc. are available on the
Property, and minor extensions will be needed to connect to the library lecture hall
facilities. The operation would be subject to all applicable City regulations regarding
environmental quality, including noise and water quality and preliminary Water Quality
Management Plan (PWQMP) has been prepared for the project. The displaces some of
the existing water collection and treatment facilities for the City Hall/Library Campus,
however, replacement or modification of those areas would be performed in compliance
with an approved WQMP. Modifications to the treatment/collection areas area included
within this Project. The Project therefore calls for the operation and minor alteration of
existing public facilities involving negligible expansion of the existing use, which are
exempt from CEQA pursuant to the Class 1 Exemption.
15303 (New Construction or Conversion of Small Structures)
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CEQA's Class 3 Exemption applies to the construction and location of limited numbers of
new, small facilities or structures and the installation of small new equipment and facilities
in small structures. (CEQA Guidelines, § 15303.) This exemption includes the
construction of up to four (4) nonresidential buildings not exceeding 10,0000 square feet
in urbanized areas on sites zoned for such use, not involving the use of significant
amounts of hazardous substances, where all necessary public services and facilities are
available, and not located in an environmentally sensitive area (CEQA Guidelines, §
15303(c).) The exemption also applies to street, water main, sewage, electricity, gas, and
other utility extensions of reasonable length used to serve such exempt constructions.
(CEQA Guidelines, § 15303(d).) The Project calls for the future construction of
appurtenant library facilities (i.e., lecture hall) to support existing library operations. In this
urban, developed area, utilities including water, sewer, gas, etc. are available on site, and
only minor extensions will be needed to connect to the proposed building(s). Thus, the
Project seeks to locate a new library lecture hall of no more than 10,000 square feet on
the existing developed civic center campus in areas that are not environmentally
sensitive, and is therefore exempt from CEQA pursuant to the Class 3 Exemption.
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ATTACHMENT D
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF NEWPORT BEACH AND THE NEWPORT BEACH
PUBLIC LIBRARY FOUNDATION RELATED TO FUNDRAISING FOR THE
LIBRARY LECTURE HALL PROJECT
This Memorandum of Understanding ("Agreement") is entered into as of the 30th
day of November, 2021 ("Effective Date") by and between the City of Newport Beach, a
California municipal corporation and charter city ("City") and The Newport Beach Public
Library Foundation, a California nonprofit public benefit corporation ("Foundation"). City
and Foundation are at times individually referred to as "Party" and collectively as "Parties"
herein.
RECITALS
A. The Foundation was incorporated in 1989 to raise funds for the construction of the
City of Newport Beach Central Library ("Central Library") located at 1000 Avocado
Avenue ("Property").
B. The Central Library was first completed in 1994, and later expanded in 2013.
C. After completion of the Central Library, the Foundation gradually began to produce
programming at the Central Library as a way to bring people to the Central Library,
raise funds to support the Central Library and otherwise encourage a rich cultural
environment for the residents of the City.
D. The Foundation has grown into an organization that employs three (3) full time
employees, none of whom are City employees (i.e., no current or post -employment
City obligations), whose primary function is to raise funds, and assist in the
production of programming for, and otherwise support the Central Library and its
branches.
E. The Foundation has raised over Seven Million Dollars and 00/100 ($7,000,000.00)
over the ten (10) years prior to Covid-19 in furtherance of library programming or
for valuable library enhancements and benefits, without cost to the City.
F. The Friends Room at the Central Library hosts many Foundation funded programs
including The Witte Lecture Series, Library Live speakers, It's Your Money and
Medicine in your Backyard, in addition to programs sponsored by the City and by
the Friends of the Library, the demand for many of which programs exceed the
capacity of the Friends Room. The ability to attract/afford certain authors and
prominent speakers to the Friends Room is limited by the size of the Friends Room,
its portable plastic chair seating arrangement, flat floor with poor sightlines and
rudimentary audio-visual equipment.
G. There is a need for a modern facility at the Central Library (the "Library Lecture
Hall") to accommodate Foundation programs as well as other library, cultural,
educational, informational, entertainment, civic and community focused events to
1
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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serve Newport Beach residents and facilitate other City gatherings, including those
of City employees for various purposes.
H. The City is interested in encouraging the quality cultural activities being brought to
the City's residents in a convenient location and in a comfortable state of the art
facility, and anticipates that the cost of developing the Library Lecture Hall in a
manner befitting Newport Beach will necessitate significant private financial
support from the community.
The Foundation is interested in helping to fund the Project (as defined in Section
1.1 below) by seeking donations from its existing supporters as well as from the
community at large.
J. The City believes that there is a need for the Project and that it is in the best interest
of the City.
K. In furtherance of the development of the Project with substantial private funding
through the Foundation, in December 2019, the City entered into a Professional
Services Agreement with Robert R. Coffee Architects + Associates ("RCA") for the
conceptual design of the Library Lecture Hall, and thereafter the completion of all
construction documents and other project elements.
L. The conceptual design of the Library Lecture Hall is complete and the Foundation
has agreed to fundraise for the design and construction of the Library Lecture Hall
substantially consistent with RCAs conceptual design (the "Conceptual Design"),
and other commitments as provided herein.
M. Through this Agreement, the Parties wish to memorialize their intention to equally
share in the cost of the Project subject to other terms and conditions set forth
below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises set forth herein, the City and Foundation do hereby agree as follows:
1. PROJECT DESCRIPTION AND BUILDING COST OF CONSTRUCTION.
1.1 Project Description. Subject to the Newport Beach City Council final
approval of the Conceptual Design, the Library Lecture Hall and related above and
underground improvements and other work generally depicted in the Conceptual Design
and supporting slides attached hereto and incorporated herein as Exhibit "A" and more
particularly further described as follows (collectively, the "Project"):
1. An approximately 9,533 square foot building with a stage, green
room, seating to accommodate between 270 and 299 fixed and/or moveable seats, ADA
compliant paths of travel and an interior lobby area.
2. Furniture, fixtures and equipment including but not limited to chairs,
podiums, audio-visual equipment, tables and the like ("FF&E").
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MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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3. Outdoor improvements and landscaping including but not limited to
an expanded and refurbished Bamboo Courtyard, sidewalks, covered walkways,
restrooms, donor wall and the like.
4. Site improvements including but not limited to necessary demolition
and removals/hauling/disposals, grading, compacting and other earthwork,
upgrading/relocating water, sewer and storm drain lines and facilities, installing electrical,
telephone and other underground utility services and lines, construction of site and
retaining walls, hardscape, water quality and erosion related improvements, signage and
adding parking areas and changing the circulation pattern of the parking lot including drop
off areas (collectively, the "Site Work").
1.2 Pre -Construction Project Phasing. The Pre -Construction Project phases
estimated completion date for each phase and projected costs are as follows:
Phase
Description
Projected Deadline
Projected Cost
I
Conceptual design for
Completed
the Project
II
Refinement of the
December 2021
conceptual design
including FF&E layouts
III
Completion of
December 2021
environmental exemption
IV
Completion of all
May 2022
$672,670
construction documents
Phases I-IV
needed for Project
bidding including but not
limited to mechanical,
electrical and plumbing
plans
1.3 Project Cost. The Parties agree that the total Project costs based upon the
Conceptual Design prepared by RCA and approved by City Council, is estimated to be
Twelve Million Eight Hundred Thousand Dollars and 00/100 ($12,800,000.00) (the
"Estimated Project Cost"). The Estimated Project Cost also includes all design related
costs, including but not limited to the costs of Phases I-IV above, and all anticipated costs
of obtaining permits, construction, management of construction, inspections, FF&E and
a contingency. The Parties understand and agree that the Estimated Project Cost is an
estimate based upon the best available information known to the Parties at the
commencement of this Agreement and that the actual Project cost (the "Actual Project
Cost") may vary based upon several contingencies, including but not limited to, change(s)
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MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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to the design and configuration of the Project and/or increase in the cost of materials
and/or labor.
1.4 Construction Contingency. The Parties agree that for the purposes of their
respective commitments under Section 2.1 and Section 3.1 of this Agreement, they will
plan for a construction contingency (the "Contingency") of ten percent (10%) of the
contract amount awarded to the successful bidder (the "Contract Amount"). If the
Contract Amount plus the Contingency exceeds Thirteen Million Dollars and 00/100
($13,000,000.00), the Parties shall meet at the request of either Party and confer in good
faith to discuss alternatives for funding such excess.
1.5 Change Orders. The City may unilaterally approve of change orders
that are related to construction issues at the Project that occur during construction and
that the City deems necessary (a "Necessary Change Order"). If the City or the
Foundation desire change orders to the design of the Library Lecture Hall (an "Optional
Change Order"), each shall notify the other of such desired change and the Parties shall
meet and confer in good faith to discuss the proposed change order and the reasons
therefor provided the meet and confer process does not delay completion of the Project
pursuant to the construction agreement. To the extent Necessary and Optional Change
Orders in the aggregate (collectively, "Change Orders") exceed the Contingency, and the
Contract Amount, plus the Contingency plus the amount of the Change Orders over the
Contingency exceed Thirteen Million Dollars ($13,000,000), the Parties shall meet as
requested by either Party and confer in good faith to discuss alternatives for funding such
excess.
2. FOUNDATION OBLIGATIONS
2.1 Fundraising Commitment. The Foundation expressly agrees that it shall
use best efforts to collect donations in the amount of fifty percent (50%) of the Estimated
Project Cost, or Six Million Five Hundred Thousand Dollars and 00/100 ($6,500,000.00),
whichever is less (the "Foundation Commitment"), to pay towards costs of the Project.
2.2 Control Over Fundraising. City shall have no control over the manner or
mechanism in which Foundation chooses to manage, hold or invest funds or the manner
or mechanism in which Foundation solicits or receives funds. City shall not direct or
authorize any specific fundraising activity; nor shall City prohibit or otherwise interfere
with Foundation's fundraising activities. Foundation shall be solely responsible for
soliciting donors, establishing partnerships with local businesses and organizations, and
handling all administrative and other responsibilities related to fundraising. Until
Foundation has released the Foundation Commitment to the City, Foundation shall be
solely responsible for determining the use or distribution of all funds raised.
Notwithstanding the foregoing, the Foundation represents that no part of any donation
shall inure to the benefit of any director, officer, member or employee of the Foundation,
except in payment of reasonable compensation for services rendered. Notwithstanding
such limit, the Foundation shall have the right to deduct from funds raised reasonable
fundraising costs, costs of preparation of the reports required pursuant to this Agreement
and other expenses directly related to fundraising for the Project ("Reasonable
Expenses"). This Section 2.2 shall not be construed as limiting Foundation's obligations
in Section 5 (Reporting and Accounting Requirements). Nothing in this Agreement shall
4
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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limit the right of the Foundation to raise funds for other existing or proposed projects,
including but not limited to existing and future programming.
2.3 Fundraising Reports. From and after the commencement of this Agreement,
the Foundation shall provide a report to the City Manager every six (6) months setting
forth the total amount of donations received/collected for funding the Project including any
donations pledged for the Actual Project Costs. Such written progress report may be
transmitted in, and by, any format, including delivery by electronic mail.
2.4 Payment of Donation. Upon completion of construction drawings and
permitting (but prior to the City issuing a notice inviting bids), the City shall give notice to
the Foundation providing evidence reasonably satisfactory to the Foundation of such
completion. Within forty-five (45) calendar days of receipt of such notice, the Foundation
shall place one hundred percent (100%) of the Foundation Commitment into an escrow
account at First American Title Company in Santa Ana, CA ("Escrow Holder"). At such
time as the City (i) demonstrates to the Foundation that the City has appropriated the
City's Commitment set forth in Section 3.1 and (ii) has awarded the contract, finalized
negotiations and entered into a construction agreement for the Project wherein the City
is legally bound to pay for and construct the Project (the "Release of Funds Conditions"),
the Escrowed Funds shall be disbursed to the City. Upon the occurrence of the Release
of Funds Conditions, Foundation agrees to promptly execute instructions if requested by
Escrow Holder as a condition to the disbursement of the Escrowed Funds to the City. In
the event of the termination or expiration of this Agreement prior to City's execution of an
agreement for construction of the Project, the Escrowed Funds shall be returned to
Foundation. Upon such termination or expiration of this Agreement, the City agrees to
promptly execute instructions if requested by Escrow Holder as a condition to the
disbursement of the Escrowed Funds to the Foundation. Escrow fees of Escrow Holder
shall be paid out of the Escrowed Funds.
2.5 Future Project Enhancements. In the event that the Foundation believes
that certain enhancements or upgrades of the Lecture Hall or Bamboo Courtyard would
be worthy of financial support of the Foundation in future years, the City will work with the
Foundation to implement those enhancements or upgrades desired by the Foundation
that are reasonably acceptable to the City.
3. CITY OBLIGATIONS
3.1 City Commitment. Provided the Foundation is able to provide the amount
set forth in Section 2.1, the City has earmarked, and through this Agreement commits to
pay up to a maximum of fifty percent (50%) of the Estimated Project Cost or Six Million
Five Hundred Thousand Dollars and 00/100 ($6,500,000.00) (the "City's Commitment"),
whichever is less, towards costs of the Project.
3.2 Phase Completion. The City shall use its reasonable efforts to complete
Phases I through IV identified above by May 31, 2022.
3.3 Reporting. The City shall provide to the Foundation electronic copies of the
contractor's construction draw requests when received by City (but without backup unless
specifically requested by the Foundation) as well as a final report to the Foundation
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-25
documenting use of the Foundation Commitment within six (6) months of completion of
the Project.
3.4 Proiect Control and Property Ownership. Except as provided in Section 3.6
below, City shall have sole responsibility for and control over, completion of the plans and
specification of the Project consistent with the Conceptual Design, obtaining all required
permits for the Project, bidding the Project, selection of the contractor for the Project, and
the construction, project management, inspection and completion of the Project, and
thereafter for the operation and maintenance of the Project. The Parties anticipate that
construction of the Project will take approximately fifteen (15) months. At all times during
and after the Term of this Agreement, the Library Lecture Hall, Site Work, and all related
improvements including FF&E and the real property upon which the Project and related
improvements are located shall be the sole property of the City.
3.5 Use of Donations, Refund of Excess Foundation Project Funding. City shall
ensure that donated funds received from the Foundation shall be used solely for payment
of Actual Project Costs. In the event that an audit (with the audit period ending no sooner
than issuance of the notice of completion for the Project) determines that all or any part
of the Foundation Commitment have been paid and such payments in the aggregate
exceed the Foundation's Commitment, the City shall refund such excess amount to the
Foundation within thirty (30) days.
3.6 Use of Library Lecture Hall. To the extent the City controls the use of the
Library Lecture Hall, the Foundation shall have the right to use the Library Lecture Hall in
accordance with the Board of Library Trustees Policy NBPL 15 attached hereto and
incorporated herein as Exhibit "B".
4. TERM
Subject to the provisions of Section 11 below, the term of this Agreement shall
commence upon mutual execution of this Agreement and shall continue until the sooner
to occur of (i) completion of the Project or (ii) five (5) years from the date of this Agreement
(the "Term"). Provided, however, once construction of the Project has commenced and
for so long as it is being continuously pursued, this Agreement shall remain in effect until
construction is completed. If at the end of the Term, construction of the Project has not
commenced, this Agreement shall terminate regardless of any design work already
completed or any funds expended by either party. However, the Parties may extend the
term of this Agreement by mutual written consent and an amendment to this Agreement.
The provisions of Section 2.5, Section 3.6, Section 11.5 and Section 12 of this Agreement
shall survive the expiration or earlier termination of this Agreement.
5. REPORTING AND ACCOUNTING REQUIREMENTS
5.1. Records. At all times during the term of this Agreement, Foundation shall
maintain true, proper, and complete books, records, and accounts (collectively, "Books
and Records") in which shall be entered fully and accurately all donations received for the
Project as well as the expenditure of any funds donated for the Project or for Reasonable
Expenses. Foundation shall maintain the Books and Records in accordance with
6
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-26
Generally Accepted Accounting Principles ("GAAP"). Foundation shall make available to
City copies of such Books and Records upon City's request.
5.2 Inspection. City at City's expense shall have the right to designate its own
employee representative(s) or designate a contracted representative(s) with an
independent Certified Public Accounting firm who shall have the right to audit
Foundation's accounting procedures and internal controls of Foundation's financial
systems as they relate to this Agreement and to examine any cost, revenue, payment,
claim, other records or supporting documentation resulting from any items set forth in this
Agreement during the term of this Agreement and Record Retention period set forth in
Section 5.3 of this Agreement. Any such audit(s) shall be undertaken by City or its
representative(s) at mutually agreed upon reasonable times and in conformance with
generally accepted auditing standards. Foundation agrees to fully cooperate with any
such audit(s).
5.3 Record Retention. Foundation agrees to retain all necessary
records/documentation for a period of three (3) years or longer, if required by law,
following the termination of this Agreement. Foundation agrees to retain all necessary
records/documentation for the entire length of the audit period set forth in Section 5.2.
5.4 Donation Oversight. Foundation agrees to exercise prudent financial
management processes including proper oversight of all donations.
6. INDEPENDENT ENTITY
In the performance of this Agreement, the Foundation, and the volunteers, agents
and employees of Foundation, shall act in an independent capacity and are not officers,
employees or agents of the City. Nothing in this Agreement shall be deemed to constitute
approval for Foundation or any of Foundation's directors, officers, volunteers, employees
or agents, to be the agents or employees of City.
7. INDEMNIFICATION
7.1 To the fullest extent permitted by law, Foundation shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "City 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 the breach of this Agreement or the negligent and/or willful acts,
errors and/or omissions of Foundation, 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.
Likewise and to the fullest extent permitted by law, the City shall indemnify, defend
and hold harmless Foundation, its boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Foundation Indemnified Parties") from and against any
and all Claim or Claims, which may arise from or in any manner relate (directly or
7
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-27
indirectly) to the breach of this Agreement or the negligent and/or willful acts, errors and/or
omissions of City, 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. INSURANCE
Without limiting Foundation's indemnification of City, Foundation shall obtain,
provide and maintain at its own expense during the term of this Agreement or for other
periods as specified in this Agreement, policies of insurance of the type, amounts, terms
and conditions described in the Insurance Requirements attached hereto as Exhibit "C,"
and incorporated herein by reference.
9. PROHIBITION AGAINST TRANSFER
Neither Party shall assign, sublease, hypothecate, or transfer this Agreement
directly or indirectly, by operation of law or otherwise without prior written consent the
other Party. Any attempt to do so without prior written consent of the other Party shall be
null and void.
10. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing 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 Foundation to City shall be
addressed to the City at:
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
All notices, demands, requests or approvals from City to Foundation shall be
addressed to Foundation at:
Attn: Chief Executive Officer
Newport Beach Public Library Foundation
1000 Avocado Avenue
Newport Beach, CA 92660
11. TERMINATION
11.1. Termination. This Agreement shall terminate as provided in Section 4,
except as otherwise provided in this Section 11.
11.2 Termination for Cause. Foundation shall be in default if Foundation fails or
refuses to perform any duty required by this Agreement or performs in a manner
8
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-28
inconsistent with the terms, conditions and restrictions in this Agreement. In such event,
City shall give Foundation thirty (30) calendar days' written notice to cure, if the default
can be cured (the "Cure Period"). City shall be entitled to terminate this Agreement if
Foundation has not cured the default within the Cure Period but only if the notice of
termination has been given before the default has been cured. City shall be entitled to
immediately terminate this Agreement if the default cannot be cured through corrective
action.
11.3. Termination without Cause. Prior to the occurrence of the Release of
Escrowed Funds Condition, City may terminate this Agreement at any time with or without
cause upon seven (7) days written notice to Foundation.
11.4 Specific Performance. If the City enters into an agreement for construction
of the Project and the Foundation and/or Escrow Holder has/have not released the
Foundation's Commitment, the Foundation agrees that the City shall have the right to
specifically enforce Foundation's obligations.
11.5 Treatment of Donations Following Termination. In the event that this
Agreement is terminated by the City for cause after the satisfaction of the Release of
Funds Conditions, the Foundation shall deliver or cause to be delivered the Escrowed
Funds and all other donations collected by Foundation for Actual Project Costs to the
City, and the City shall thereafter complete the Project as soon as reasonably practicable.
12. NAMING RIGHTS
12.1 Naming Rights. Subject to City Council absolute discretion and approval,
the Foundation may offer the right to a donor to place the name of the donor, donor's
spouse or donor's family on the exterior of the Library Lecture Hall (the "Named Donor").
The amount of the contribution of the Named Donor shall not be less than a minimum
amount agreed to by the City and Foundation (the "Named Donor Contribution") and shall
be memorialized by way of an agreement between the City and the Named Donor (the
"Named Donor Agreement").
12.2 Named Donor Siqnage. The location, size and design details of the signage
identifying the Named Donor shall be memorialized in the Named Donor Agreement. The
Parties anticipate Named Donor signage will be on the East elevation of the Lecture Hall,
as well as an appropriately scaled monument sign along Avocado Avenue as reasonably
determined by the City and approved by the Irvine Company.
12.3 Other Naming Opportunities. In addition to the naming rights of the Named
Donor, the City agrees that the Foundation may offer naming rights to the Bamboo
Courtyard, the lobby, the green room, and a donor wall subject to prior review and
approval of the City Council and execution of a Named Donor Agreement.
12.4 Rights of Donors upon Termination of Agreement. The rights of a Named
Donor upon termination of this Agreement shall be memorialized in the Named Donor
Agreement.
9
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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13. STANDARD PROVISIONS
13.1 Compliance With all Laws. Foundation shall at its own cost and expense
comply with all applicable statutes, ordinances, regulations and requirements of all
governmental entities related to its obligations under this Agreement, including federal,
state, county or municipal, whether now in force or hereinafter enacted.
13.2. Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
13.3 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 agreement or implied covenant shall be held to vary the provisions herein.
13.4 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.
13.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Foundation and City and approved as to form by the
City Attorney.
13.6 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.
13.7 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, State of California.
13.8 Equal Opportunity Employment. Foundation represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age or any other impermissible basis under law.
13.9 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.
13.10 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute the same instrument.
[SIGNATURES ON NEXT PAGE]
10
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION!
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I (12- Z / 2
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: oma. C By:
Aaron C. Harp Brad Avery
City Attorney Mayor
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
FOUNDATION:
Newport Beach Public Library
Foundation, a California Nonprofit
Corporation
Date:
By:
Jerold D. Kappel
Chief Executive Officer
Date:
By:
Dorothy Larson
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Conceptual Plan
Exhibit B — Board of Library Trustees Policy NBPL 15
Exhibit C — Insurance Requirements
11
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-31
EXHIBIT A
CONCEPTUAL PLAN
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24-32
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EXHIBIT B
Board of Library Trustees Policy NBPL 15
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-43
NBPL 15
The Library Lecture Hall
Background
The auditorium at the Newport Beach Central Library is known as the Library Lecture Hall ("LLH").
The Library Board of Trustees and the Library Services Department administer the Library and the
LLH. The LLH is an important source of meeting space for Library, Library -related, Library -affiliated,
City of Newport Beach ("City") and outside lectures, programs, and activities. It is not unusual for
Library and City officers and employees to have a need to use the LLH for Library and City business
on short notice. Moreover, use of the LLH takes Library staff away from their normal duties and, if
uncontrolled, can interfere with the public's use and enjoyment of the Library.
Applicability
Except as otherwise specifically provided to the contrary herein, this Policy shall not apply to First
Priority and Second Priority uses (as defined below) of the LLH as provided below, although the
users of such Priorities are required to complete in advance an Application For Use form for such
uses. So long as they complete and file in advance the Application For Use form, such users shall be
entitled to use the LLH with the permission of and subject to confirming availability with the Library
Services Director. Moreover, it shall be permissible for such users to place an advance hold on
recurring regularly scheduled dates of use by such users, e.g., the first Thursday morning of each
month at 7:30 AM.
Purpose
The purpose of this Policy is to establish:
A. Procedures for processing and approving or disapproving requests from applicable groups
or organizations for permission to use the LLH;
B. Priorities as set forth below for the use of the LLH and to resolve any conflict related to
requests for use; and
C. Standards and criteria for the use of the LLH to insure there is no significant impact on the
workload of staff.
Priorities of Use
The mission of the Library is to be the cultural, educational, and informational heart of Newport
Beach (the "Library Mission"). Subject to the Library Mission, to this Policy, and to all related terms
and conditions, the LLH is available for use as provided herein. The fact that a group or organization
is granted permission to use the LLH in no way constitutes endorsement of the policies or beliefs of
that organization by the Library or the City. Even following an advance reservation pursuant to a
completed Application For Use, NBPL has a right to preempt any event for a Library or Library -
related event; in such rare instances, Library will use its reasonable efforts to assist the group in
reserving another date for use of the LLH. The numerical listing below a particular Priority (e.g.,
24-44
First Priority) shall indicate the preference or priority within the stated Priority, e.g., First Priority
A.1. shall have preference over First Priority A.2.
A. FIRST PRIORITY
The Newport Beach Public Library Foundation (the "Foundation") and, thereafter, other
NBPL support groups including but not limited to The Friends of the Library and Project
Adult Literacy.
2. Any official Library sponsored, co-sponsored, and/or conducted programs and activities that
are directly related to the Library Mission and the Library's functions and purposes.
B. SECOND PRIORITY
1. Any meeting or activity of (i) the Newport Beach Chamber of Commerce, (ii) the Corona Del
Mar Chamber of Commerce, (iii) Speak Up Newport, or (iv) any other local non-profit
organization or entity which organization or entity is based in or around the City and whose
meeting or activity is primarily and substantively designed to educate and inform the local
community on current issues. With respect to subsection (iv), the Director shall have the
discretion to determine whether an organization or entity meets the qualifications set forth
in subsection (iv) and whether a meeting or activity meets the qualifications set forth in
subsection (iv).
Z. Any meeting or activity by local non-profit organizations or entities which organizations or
entities are based in or around the City. The Director shall determine whether an
organization or entity qualifies as a local non-profit organization or entity for purposes of
Second Priority status.
C. THIRD PRIORITY
Use of the LLH may be granted by the Library Services Director to those persons, organizations,
or entities listed below on a first come, first serve basis:
1. Sponsored educational or informational programs and activities of state or local public
agencies such as local public schools or public districts.
2. Recreational, social, or civic organizations and/or groups that are promoted and sponsored
by City residents or City non-profit organizations that are open to the public and have fifty
percent (50%) or more of their memberships held by Newport Beach residents.
3. Recreational, social, or civic organizations and/or groups that are non-resident and are
promoted and sponsored by non-profit organizations that are open to the public but do not
qualify under C.2. above.
4. Schools, colleges, hospitals, or other similar groups not qualifying under the definition of
non-profit. Non-profit status is defined as an organization that is so defined by the Internal
Revenue Code Section 501(c) and has a State of California Tax Identification Number.
D. FOURTH PRIORITY
All other outside organizations, municipal agencies, individuals, and groups have Fourth Priority
on all dates, and may reserve events on a first come, first serve basis under the terms,
provisions, and documents required hereunder. All Fourth Priority users shall enter into an
Agreement Regarding Use Of Library Lecture Hall For Outside Events ("Outside Events Contract") in
form and content as the Director may specify from time to time, which Outside Events Contract shall
include the Rules and Regulations (First Addendum to Outside Events Contract) in form and content
as the Director may specify from time to time.
Procedure
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All persons, groups or entities seeking permission to use the LLH ("applicant") shall submit an
Application For Use on the form provided by the Department. The applicant shall provide all
information requested in the application and such additional information as may be required by the
Library Services Director to enable the Director to determine if use by the applicant will comply with
this Policy. Applications shall not be considered complete unless accompanied by required fees,
proof of insurance, and any additional requested information to the extent applicable. No person,
group or entity shall be entitled to use of the LLH unless their application has been approved by the
Library Services Director or the Director's designee. If an applicant fails to comply with the standard
conditions of use or any special conditions imposed by the Director, no additional application by
that applicant shall be considered for a one-year period following such failure.
Standard Conditions of Use Applicable to Third Priority and Fourth Priority Users
These standard conditions of use shall be and are applicable to Third Priority and Fourth Priority
users only; with the exception of standard conditions B, D, and F, the standard conditions are not
applicable to First Priority and Second Priority users; provided, however, other than in the case of
the Foundation, the Director shall have the discretion to impose one or more such other standard
conditions on First Priority and Second Priority users. An Application For Use of the LLH may be
approved subject to the Third Priority User's and the Fourth Priority User's compliance with the
following standard conditions of use and other conditions of use as may be imposed by the Library
Services Director:
A. The use of alcoholic beverages is prohibited unless expressly approved in writing by the
Library Services Director and subject to the approval of the Alcoholic Beverage Control
Board.
B. Smoking, vaping of any kind, and other use of tobacco or similar products is prohibited in
the LLH and the entire Library campus, including restrooms and all common areas.
C. At least one (1) adult shall be present in the LLH when minors are in attendance.
D. No person shall interfere with the normal use and activities of the Library by way of noise,
disturbance, or other activity.
E. Meetings or activities conducted in the LLH may not be advertised or promoted as City or
Library sponsored activities unless approved in advance by the Library Services Director. All
materials used for advertising or announcing a meeting or activity to be conducted in the
LLH shall be submitted to the Library Services Director at least ten (10) days prior to the use
for the sole purpose of determining if the materials comply with this condition. The Library
Services Director shall notify the permittee of the Director's determination that the
materials comply or do not comply with the condition within three business days after
submittal.
F. Events or activities in the LLH shall not exceed [274? Actual Number Of Fixed Seats And
Possible Additional Mobile/Temp Chairs At Rear To Be Determined By Architectural
Plan/NBFD Requirements And Approved by Library Services Director] persons unless
approved in advance by the Library Services Director.
G. Use of the LLH is limited from 9 a.m. to 9 p.m. Monday through Thursday, 9 a.m. to 10 p.m.
Friday through Saturday, and 12 p.m. to S p.m. on Sundays, unless expressly approved in
writing in advance by the Library Services Director.
H. The provision of insurance should be general liability, naming the Library and City and their
officers, agents, officials, employees, and volunteers as additional insureds, providing
coverage in the amount of not less than $1,000,000 for any claim, loss, injury, damage, or
other casualty that is in any way related to the use and/or occupancy of the LLH by the
permittee authorized to use the LLH pursuant to this Policy.
I. The permittee agrees to defend, indemnify, and hold harmless the Library and the City and
their officers and employees with respect to any claim, loss, or injury that arises out of, or is
in any way related to permittee's use and occupancy of the LLH.
J. Applications for reservations must be made no more than 90 days in advance and not more
than once every 90 days.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of the LLH. Fees shall be established by Resolution of and
periodically adjusted by the Board of Library Trustees subject to approval of the City Council. Fees
shall include an amount necessary to defray the costs associated with the administration of this
Policy and the maintenance and repair associated with the use of the LLH. Notwithstanding
anything to the contrary herein, the Director may impose fees and other charges on the First
Priority Users and the Second Priority Users; provided, however, in the case of the Foundation, such
fees and other charges shall be agreed upon in advance in writing by the Director and the
Foundation.
Use Subject to Recorded Declaration of Special Land Use Restrictions
Use of the LLH shall at all times be subject to that certain Declaration of Special Land Use
Restrictions, Right of First Refusal, Mortgage Lien and Option to Repurchase recorded May 8, 1992
as Instrument No. 92-304757 in the Official Records of Orange County, California, as modified by
that certain amendment recorded November 24, 2010 as Instrument No. 2010-634195 and as
further amended by that certain amendment (the "Second Amendment") recorded December 5,
2019 as Instrument No. 2019000509265 (all such recorded documents are referred to collectively as
the "Declaration"). The Second Amendment (which as indicated is a part of the Declaration)
specifically provides as follows:
1.2 Use of the Lecture Hall
Declarant expressly agrees that the use of the Lecture Hall by Grantee [City of Newport Beach, a
California municipal corporation] to conduct library, cultural, training, educational, informational,
entertainment, civic and community focused programming as well as for programming of library
support groups, such as the Friends of Newport Beach Public Library and the Newport Beach Public
Library Foundation (collectively, the "Intended Use"), are uses commonly associated with public
libraries, as described in Section 2.1(a) of the Declaration, and these uses do not compete with the
retail and commercial facilities in the Center [Newport Center]. Grantee may from time to time
allow, and charge reasonable fees for, such uses of the Lecture Hall, and such other uses of the
Lecture Hall that Grantee determines in its reasonable discretion are complementary to the use of
the Land as a free, public library and will not interfere with the use of the Land by Grantee's library
patrons and available parking for such library patrons; provided such other uses, in Declarant's
reasonable discretion, do not materially compete with the retail and commercial facilities in and
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around the Center, and in no event shall the Lecture Hall be used as a commercial banquet hall or
conference center.
1.3 Parking
The number of parking spaces on the Land and available for public use is currently 172. Such
number of parking spaces available for public use shall not be reduced without the prior written
consent of Declarant as described in Section 2.2(a) of the Declaration.
Adopted by the Board of Library Trustees on November 15, 2021
This Policy will be periodically reviewed by the Board of Library Trustees on the first to occur of (i) as
circumstances may require or (ii) every two years from the date of adoption, last amendment, or last
review. Adopted, last amended, or last reviewed on November 15, 2021.
EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Foundation's indemnification of City,
Foundation 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. Foundation agrees to
provide insurance in accordance with requirements set forth here. If
Foundation uses existing coverage to comply and that coverage does not meet
these requirements, Foundation agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Foundation shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code if the Foundation hires employees.
Foundation shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, and employees.
Foundation shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Foundation shall maintain commercial
general liability insurance, and if necessary, umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
- -- - -
(MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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C. Automobile Liability Insurance. Foundation shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of
Foundation arising out of or connected in any way with the 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 each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, and employees or shall specifically allow Foundation or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Foundation
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, and employees shall be included as insureds under
such policies.
C. Primary and Non -Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage for
each required coverage.
5. Additional_ Agreements Between „the Parties. The Parties hereby agree to the
following.
A. Evidence of Insurance. Foundation 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 other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved
by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Agreement. The certificates and endorsements for each
MENIORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-50
insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with
the City. If such coverage is cancelled or reduced, Foundation shall,
within ten (10) days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of insurance showing
that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Riqht to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Foundation sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Foundation, City and Foundation may
renegotiate Foundation's compensation.
C. Enforcement of Agreement Provisions. Foundation acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Foundation of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. 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 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. If the
Foundation maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Foundation. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
F. City Remedies for Non -Compliance. If Foundation or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Foundation's right to proceed
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
24-51
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Foundation or reimbursed by Foundation upon demand.
G. Timely Notice of Claims. Foundation shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Foundation's performance under this Agreement, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
H. Foundation's Insurance. Foundation shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection.
MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH PUBLIC LIBRARY FOUNDATION
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ATTACHMENT E
IRVINE COMPANY OFFICE
Since 1864 PROPERTIES
Jim Campbell August 18, 2021
Deputy Community Development Director
City of Newport Beach
loo Civic Center Drive
Newport Beach, CA 92660
Subject: Newport Beach Central Library, l000 Avocado Avenue, Newport Beach, CA 9266o
Library Lecture Hall: new freestanding building in existing parking lot
Conceptual Design Plans, dated 4/26/21; received with a letter, dated 4/30/21
Dear Mr. Campbell:
This letter grants Irvine Company's approval of the design concept, with conditions.
Thank you for sending the subject drawings that were approved by the Library Lecture Hall Design Committee
on 4/12/21; and that have been informally discussed in previous meetings and phone conversations with Irvine
Company staff within the 3o -day review period specified in the Declaration of Special Land Use Restrictions
("SLURS"), dated 3/11/92.
Irvine Company has reviewed the subject drawings, in accordance with Section 2.2(b) of the SLURS
and has the following comments:
1) Irvine Company approves the conceptual site plan, as shown below.
2) Irvine Company approves the conceptual architectural design, subject to Irvine Company's approval
of drawings showing the facade facing Avocado being similar to the design shown below, as discussed
on 8/10/21 with Irvine Company.
Please submit the drawings for the facade facing Avocado as soon as possible; and, prior to demolition,
please submit the construction drawings for the entire project for Irvine Company's review and approval.
Thank you.
,JJ J
J J:
u
�d
If you have any questions, please contact me at (949) 729-9210; at dbaab@baabcorp.com; or by US mail
at Irvine Company, 55o Newport Center Drive, Newport Beach, CA 9266o.
Sincerely,
David J. Baab, on behalf of Irvine Company
cc: Jill Johnson -Tucker and Larry Tucker, City of Newport Beach, Library Lecture Hall Design Committee
Yolanda Summerhill, Peter Tauscher, and Liz Westmoreland, City of Newport Beach
Jeff Davis, Roger DeWames, Ken Gillett, Cory Goings, Scott Goodman, John Koga, Michael Major,
Holly McManus, Allie Meister, Shawn Monterastelli, Chris Popma, and Sam Quinif, Irvine Company
Please understand that the comments contained in this letter pertain only to compliance of the subject site, or proposed plans for the subject site, with
the applicable CC&Rs and/or Design Guidelines which apply to the subject site. Nothing contained in the letter is intended to indicate Irvine Company's
approval of matters beyond the scope of the letter, including, without limitation, further approvals that may be required. Further, nothing contained in
the letter shall: (i) in any way waive, modify or terminate encumbrances, rights or interests of record against the subject site or which Irvine Company
may have reserved or retained, including, without limitation, rights under any Declaration of Special Land Use Restrictions and/or under any
reciprocal access easement agreements which may encumber the subject site, or (ii) constitute the assumption by Irvine Company, or any of its
representatives, of any responsibility for the accuracy, sufficiency or compliance with governmental laws, rules or regulations of any submittal of plans
or other materials to which this letter responds, which accuracy, sufficiency and compliance shall be the sole responsibility of the submitting parry.
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