HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
City Council Meeting
January 9, 2024
VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION - Pastor Josh Sisco, Everwell Church
IX. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Stapleton
X. NOTICE TO THE PUBLIC
January 23, 2024
Agenda Item No. 1
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Wished everyone a Happy New Year
Councilmember Avery:
• Announced having had a great holiday
Councilmember Grant:
• Attended the Newport Beach Chamber of Commer@#Mayor's Reception, the Surfside-Sunset Beach
Sand Replenishment Project groundbreaking, the Newport Beach Animal Shelter Volunteer
Recognition Event, and the Boat Parade
• Commended the Operation Christmas event and congratulated Visit Newport Beach (VNB) for its
Rose Parade float
Mayor Pro Tem Stapleton:
• Recognized the Surfside-Sunset Beach Sand Replenishment Project and the Newport Beach
Chamber of Commerce and Commodores, and tl-e-Newport Beach and Company for conducting the
best Newport Beach Christmas Boat Parade to date
Mayor O'Neill: op
• Attended the Patrick'.1 Purpose Foundation "Walk with Us"
• Announced the Finance Committee Meeting on January 11, 2024
• Attended the Surfside-Sunset Beach Sand Replenishment Project groundbreaking
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XII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON-DISCUWION ITEM)
Consider forming a City Council ad hoc committee comprised of three Councilmembers,
to be appointed by the Mayor and confirmed by the entire City Council, to work with City
staff and make a recommendation to the entire City Council regarding the selection,
implementation and integration of new technology to assist the City's public safety
departments protect the public and deliver effective and efficient services to the
community [O'Neill]
The City Council unanimously concurred to bring the matter back at a future meeting.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher thought that the December 12, 2023 minutes (Item 1) should reflect that the second meeting
in November should be November 26, 2023, not November 19, 2023. Regarding Item 3 (Bayward
Location of Piers and Floats), he suggested that the Harbor Commission be required to make all the
findings for extending beyond the City lines and did not think the item was ready to be introduced.
Volume 66 - Page 15
City of Newport Beach
City Council Meeting
January 9, 2024
January 23, 2024
Agenda Item No. 1
12. Harbor Commission 2024 Objectives
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file the Harbor Commission's 2024 objectives.
Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Kleiman, to approve the
Consent Calendar, except the item removed (Item 6); and noting the amendment to Item 1.
The motion carried unanimously.
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
6. Assessment District No. 124 - Phase 1 (Central Balboa Island) - Award of Contract
No. 9451-1
Councilmember Blom recused himself due to real property interests.
In response to Councilmember Weigand's question, Public Works Director Webb stated that staff is
confident with the bid and indicated that the -International Line Builders is a reputable and
qualified company. He noted that anv surplus fun ill be returned to the property owners and the
final costs will be unknown until the euTTent-final MP&se is completed.
Lee Pearl complimented Council and staff on the foresight to remove the construction portion from
Southern California Edison and looked forward to the project.
Motion by Councilmember Weigand, seconded by Councilmember Avery, to a) acknowledge
the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2
Section 15302 (d) (conversion of overhead electrical utility distribution lines where the surface is
restored to the condition existing prior to the undergrounding) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it will not have an adverse effect on the
environment; b) approve the project plains and specifications; c) award Contract No. 9451-1 to
International Line Builders, Inc. for the total bid price of $11,969,969.88 for the Underground Utility
Assessment District No. 124 - Phase 1 project, and authorize the Mayor and City Clerk to execute
the contract; and d) establish a contingency of $1,200,000 (approximately 10% of total bid) to cover
the cost of unforeseen work not included in the original contract.
With Councilmembv Blom recusing himself, the motion carried 6-0.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Craig Sheets utilized a presentation to discuss weapons, offshore oil, restricted areas, new uses for
tornado shelters, trains, firing squads, and nuclear tool sheds on oil platforms.
Jim Mosher suggested Council conduct a motion for reconsideration relative to when the second meeting
in November will be conducted.
XVII. CURRENT BUSINESS
13. Lecture Hall Building - Approval of Third Amendment to the Memorandum of
Understanding with the Newport Beach Public Library Foundation; and Adoption of
Resolution No. 2024-3: Dissolving the Newport Beach Library Lecture Hall Design
Committee
Councilmember Blom noted that the Memorandum of Understanding (MOU) represents a
compromise between the City and the Newport Beach Public Library Foundation (NBPLF).
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City of Newport Beach
City Council Meeting
January 9, 2024
January 23, 2024
Agenda Item No. 1
Assistant City Attorney Summerhill utilized a presentation to review the major revisions to the
MOU, City and NBPLF's financial commitments, safeguards to ensure full payment, spending
controls, priority of use, naming opportunities, and operational and maintenance costs.
In response to Mayor O'Neill's question, Public Works Director Webb stated that the
undergrounding would be addressed for conflicts, added to the cost of the contingencies, and shared
50/50.
In response to Councilmember Grant's question, Assistant City Attorney Summerhill indicated the
annual endowment income stream would be about $150,000.
Kevin Barlow, Chair of the NBPLF, thanked staff and Councilmembers Blom and Kleiman, and
utilized a presentation to review the NBPLF's mission statement, its 34 years of public/nonprofit
partnership, the NBPLF's role relative to the Library Lecture Hall, and how the Library Lecture
Hall will be another successful public/nonprofit partnership. He urged Council to support the
project.
Larry Tucker requested Council to vote in favor of the project and asked whether a world -class
facility is a worthwhile investment at a price of $11.7 million for the Ci.
In response to Mayor O'Neill's questions, Assist,ant City Attorney Summerhill noted the two
different change orders and that language can be modified in the MOU for Council to decide if a
change order will be requested. Public Works Director Webb indicated that requests outside the
project plan or of a significant dollar amount could be brought before Council. Assistant City
Attorney Summerhill added that funds are expected within seven days from the requesting party
unless it is the City making the request.
Mayor O'Neill expressed concern for change orders increasing costs and questioned how staff will
handle this. City Manager Leung gave an example of when a change order would come before
Council. Public Works Director Webb pointed out staffs responsibility to vet matters outside the
project plan through City Manger Leung. Mr. Barlow referenced the supplemental change slide
and confirmed the rental cap.
In response to Council questions, Recreation and Senior Services Director Levin shared rental rates
at Marina Park and relayed thejonprofit per hour rate. Mr. Barlow stated that a typical rental time
would be three hours. WF
In response to Councilmember Avery's question, Public Works Director Webb stated that he is not
expecting an underground problem and gave examples of possible unforeseen issues.
In response to Mayor Pro Tem Stapleton's question, Library Services Director Hartson stated that
the library typically holds approximately two events per month in the Central Library Friend's
Room that are outside of the NBPLF.
City Attorney Harp indicated there are additional changes to The Irvine Company's Special Land
Use Restrictions (SLURS) and naming rights.
Bob McCaffrey discussed the City's responsibilities, believed there are other theaters in the City
that could handle this use, and expressed concern that the NBPLF will not raise their share. He
suggested that the NBPLF raise all the money and indicated that, if they do, he would donate
$3 million.
Jim Mosher stated the public might be confused about what Council is deliberating, discussed the
draft MOU in the correspondence, expressed support for public libraries, commended the NBPLF
for raising money to support the public library, expressed concern that the Library Lecture Hall will
not be under the Board of Library Trustees' control but will become a civic building, and hoped the
Library Lecture Hall will still be used as a library facility that offers free public events.
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City of Newport Beach
City Council Meeting
January 9, 2024
January 23, 2024
Agenda Item No. 1
Lizanne Witte, member of the NBPLF, noted that a cultural facility has not been built in the City
since the Central Library was built 30 years ago despite the City's growing wealth and population,
the Board of the NBPLF saw a need and conducts successful programs in spite of the limitations of
the Friend's Room, other organizations and businesses have expressed a need for event space, and
this is Council's chance to build a cultural destination in the City that will serve the public into the
future.
Allen Cashion stated he currently serves on the Finance Committee and discussed the committee's
mission, noted his family has contributed funds toward the Library Lecture Hall, but expressed
concern about the uncapped obligation.
Max Ukropina stated he was in attendance when the Central Library opened and discussed his
appreciation of the library; however, he expressed concern about the per seat cost and duplicating
resources within the City.
Teddie Ray, Chair of the Board of the Crystal Cove Conservgncy, discussed the Conservancy's
speaker series, stated the Conservancy intends to use the Lib Lecture Hall for larger events,
and expressed hope that Council will support the project.
Erin Kingsley expressed the importance of the library to her family, stated she is speaking on behalf
of many families that are excited about the project and believed thl facility would allow different
organizations to come to the City that would benef t the communit0for future generations.
Bruce Clark stated he is one of the founders of the NBPLF's Spotlight on Science program, expressed
his frustration with spending money in cultural facilities in surrounding cities, noted this is a unique
opportunity and a chance to create a legacy, and believed the Library Lecture Hall could generate
revenue for the City if managed properly. - r
Dorothy Larson stated that the Library Lecture Hall would be built on land that is currently
unbuildable and emphasized the land values in the City. She indicated this should not be forgotten
when discussing the per seat cost and that change orders and other issues occur with every project.
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Jennifer Van Bergh stated she is excited &ut the project and this is a unique opportunity to build
a building that would enrich the community long after everyone is gone. She also expressed why she
supports private -public partnerships and noted it shows that this community wants the facility.
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Janet Hadley, NBPLF member and Chair of the Witte Lectures Committee, discussed how the
Friends Room has disability access challenges.
Karen Evarts, former#hbrary Board Trustees member, agreed that the City needs a better facility
than the Friends Room and believed the community wants a Library Lecture Hall.
Councilmember Blom stated he supports infrastructure, growth spurring growth, culture, being
stewards of investing in the City, the project, and the negotiation process.
Councilmember Kleiman thanked Assistant City Attorney Summerhill for her work on the MOU,
thought the final draft represents the greatest protections and guarantees for the City, and
recognized the effort and dedication of those involved. She stated that she supports culture,
education, arts, and investments that reimagine and reenergize an area; however, she expressed
concern for costs, suggested using alternative theaters, and supported funding other priorities in
the City.
Councilmember Avery thought the Library Lecture Hall is a gift, legacy, ahead of its time, the
community is growing, and will be an anchor for the City. He expressed support for the project.
Councilmember Grant thanked Councilmembers Blom and Kleiman and staff for their work on the
MOU. She stated the City could afford the project, along with other City priorities, and needs the
Library Lecture Hall; and noted the value of the Central Library and the successful public/private
partnerships. She also expressed support for the project.
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