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HomeMy WebLinkAbout04232019_City_Council_Study_Session_MinutesCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting April 23, 2019 I. ROLL CALL - 4:00 p.m. Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar Mayor Dixon announced she will be requesting that the minutes (Item 1) be continued to the May 14, 2019 City Council meeting. In response to Council Member Muldoon's questions, Public Works Director Webb indicated the contract for Item 7 would need to be modified if organics were to be used and there would be no pesticide usage related to Item 8. Prior to responding to Council Member Brenner's question regarding Item 5, Council Member Muldoon recused himself due to property interest conflicts. City Manager Leung and Public Works Director Webb noted Item 5 is for playground equipment replacement and only new equipment requests need to be discussed at a Parks, Beaches and Recreation Commission meeting. SS2. Poppy Month Proclamation Carolyn Whitlinger and Debbie Schubert, American Legion Auxiliary, provided the background on Poppy Month and received the proclamation from Mayor Dixon. Council Member Brenner expressed the importance of Poppy Month. SS3. CASA of Orange County Day Proclamation Stefanie Gillett provided Court Appointed Special Advocate's (CASA's) background, gave pinwheels to each of the Council Members, discussed Foster Care Awareness Month and the CASA Pinwheel Project (CASAoc.org/events), and received the proclamation from Mayor Dixon. SS4. Recognition of Ford W. Fairon Chief Lewis, on behalf of the Police and Fire Departments, commended Ford Fairon for his bravery and heroic actions on January 21, 2019. Ford Fairon thanked the Police and Fire Departments for being our everyday heroes, and received the proclamation from Mayor Dixon. SS5. Potential Changes to Residential Development Standard to Preserve Cottages and Address 3rd Story Massing Community Development Director Jurjis and Principal Planner Ramirez utilized a PowerPoint presentation to display the location map and discuss reasons the City is losing beach cottages, cottage sizes, the number of cottages in the City, standards for Council to study, and the amendment process. Discussion ensued relative to increasing buildable square footage for cottage owners if they maintain a single story, finding incentives to keep the cottages, conducting extensive outreach before any code amendment occurs, streamlining the process, considering amending parking requirements for cottages, and discussed how many cottages have been replaced with larger homes. Volume 64 - Page 84 City of Newport Beach Study Session and Regular Meeting April 23, 2019 Ron Yeo provided a handout, indicated he inventoried the current cottages in Corona del Mar, believed parking is the biggest issue, and expressed hope the City could assist with keeping the cottages in the City. Jerry Jansen, past President of the Balboa Island Improvement Association, expressed support for retaining cottages and allowing them to rebuild in the same or similar footprint without requiring parking. Tanya, cottage owner, indicated she would like to expand a little but cannot due to the parking restrictions. Nancy Arrache expressed concern with setbacks and amending parking standards in high density areas. Mark Becker expressed support for preserving Balboa Island's uniqueness. David Tanner believed parking exceptions should be made to preserve the cottages. Gary Cruz requested and received clarification that redevelopment does not have to be done by the original cottage owner and there is no restriction to the number of people living in a home. Andrew Goetz believed an owner should be able to fix other parts of the home without triggering a complete teardown. Karen Tringali expressed support for the cottage community. Denys Oberman believed parking problems are created by the larger buildings and that this issue should be considered with the City's total housing stock. Regarding residential height and massing, Senior Planner Ramirez utilized a PowerPoint presentation to display a map of high density neighborhoods and discuss the goals of the 2010 code amendments, R-1 and R-2 height and bulk standards, third story covered decks, issues in the RM Zoning District, changes for Council to consider, and the amendment process. Discussion ensued relative to how staircases and vaulted ceilings are counted toward the total square footage, setbacks, third story decks, height and floor area standards in RM Zoning Districts, and design articulation. Ron Yeo discussed third stories and suggested counting covered deck areas as square footage. Mark Becker believed the large envelopes are destroying the intimacy in neighborhoods and provided his recommendations. Vicky Swanson indicated she cannot enjoy her home because the houses next to her are too large and she loses light. Andrew Goetz expressed concern with the wall heights relative to the roof and suggested minimizing the wall area around cabanas or minimizing the amount of ridge area that sits on the lot. Denys Oberman took issue with the 2010 code changes and highlighted confusing terminology. David Tanner requested that any change to the code not make areas worse, questioned how height limits will account for sea level rise, and believed single family homes are being rented as duplexes. Volume 64 - Page 85 City of Newport Beach Study Session and Regular Meeting April 23, 2019 Linda Watkins questioned how a large home was built in a gated community and requested the City tighten the zoning codes. Jim Mosher noted that the code contains a section about ministerial design criteria that applies to all areas of the City and asked how they are being applied. Karen Tringali indicated the City may adjust the code to preserve the nature and qualities of certain neighborhoods. Council indicated that potential considerations moving forward include counting two-story vaulted ceilings, all levels of staircases and anything with a roof as square footage; maintaining the setback that was allowed between multiple lots; ensuring property rights are maintained; revisiting how third story decks are handled with preference of having all sides open; and expediting the simpler issues. With Mayor Pro Tem O'Neill dissenting, the majority of Council requested the City Attorney look into implementing a moratorium on RM Zoning District conversions to single-family homes, believing a standard height limit should be set for all single-family homes. SS6. On -Street Parking Impacts Due to Construction Activities Community Development Director Jurjis and Deputy Community Development Director Ghosn utilized a PowerPoint presentation to provide the background and discuss the public outreach meetings, feedback received, and staff suggestions. Discussion ensued relative to implementing rules only in areas that are most impacted by this issue, not allowing Saturday construction, the importance of code enforcement, determining if all parts of the City would want to utilize the signage, and looking at short term lodging impacts separately. Council Member Herdman expressed his gratitude to staff for the attempt, but felt it best not to move forward with this effort. Nancy Orazi expressed concerns with the number of short term lodging on the Peninsula and Balboa Island, and noted that parking issues are also due to other sources, not just contractors. Jeff Stolrow discussed parking impacts and safety concerns due to construction on Lido Isle. Gary Cruz expressed concerns regarding parking impacts and disturbances due to construction on Newport Island, and requested notification about meetings regarding this issue. Vicky Swanson believed the City should require construction management plans. David Tanner believed short term lodging adds to the parking issues and the City should identify how the code is being gamed. Mayor Dixon indicated short term lodging issues will be coming before Council at a later date. Council unanimously concurred to bring back an item to add a parking enforcement person through AmeriPark for seasonal parking enforcement; Mayor Dixon and Council Members Duffield, Herdman and Brenner concurred that no construction should occur on Saturdays; and all Council Members, except for Council Member Avery, concurred that the restrictions should only apply in high density areas. SS7. City Emergency Council Update The item was continued to a future meeting. Volume 64 - Page 86 City of Newport Beach Study Session and Regular Meeting April 23, 2019 III. PUBLIC COMMENTS Dan Daley, Healthcare Outreach Specialist with Alzheimer's Orange County, provided a handout and invited Council to the OC Leadership Forum on Aging on April 25, 2019, in Garden Grove. Jeff Stoleron thanked Council for their service. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant City Manager, and Barbara Salvini, Human Resources Director; Labor Negotiators. Employee Organizations: Part Time Employees Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION Government Code § 54956.9(d)(4): 1 matter V. RECESSED - 6:47 p.m. VI. RECONVENED AT 7:07 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon VIII. CLOSED SESSION REPORT - None IX. INVOCATION - Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church X. PLEDGE OF ALLEGIANCE - Council Member Avery XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Avery: Attended the 71h Annual Gala and Auction for the OASIS Senior Center Council Member Duffield: Attended the 5th Annual Mayor's Egg Race Utilized slides to announce the 3rd Annual Underwater Clean-up Event on June 1, 2019 Council Member Brenner: Attended Speak -Up Newport, the OASIS Sailing Club opening day ceremony, the WiNN (Women in Newport Networking) event, the OASIS Annual Volunteer Luncheon, the Aviation Committee meeting, and spoke at the Corona del Mar Resident's Association annual meeting Volume 64 - Page 87 City of Newport Beach Study Session and Regular Meeting April 23, 2019 Met with Supervisor Doug Chaffee, along with City Manager Leung and Mayor Dixon, to discuss John Wayne Airport (JWA) issues, and with Assemblywoman Cottie Petrie -Norris, along with Mayor Pro Tem O'Neill, Council Member Herdman, and a Hoag Hospital representative, regarding the benefactor program Toured Fire Station #3 and the City Yard to see the new emergency trailer for the Fire Department Council Member Herdman: Utilized slides to discuss the General Aviation Improvement Program, thanked the community for attending the JWA Town Hall, and announced the upcoming JWA Airport Commission meeting on May 1, 2019 and the May 7, 2019 Orange County Board of Supervisors meeting Attended a messaging and strategy meeting about JWA, and spoke at the Airport Commission meeting and the Newport Beach Chamber of Commerce Government Affairs meeting Mayor Pro Tem O'Neill Attended the 5th Annual Mayor's Egg Race, the OASIS Annual Volunteer Luncheon, the Corona del Mar Resident's Association annual meeting, the San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors meeting, and the Special Olympics Basketball Tournament held at the Newport Coast Community Center Utilized a slide to announce the upcoming Unity Torch Walk, Mini Hoop Shoot Challenge & BBQ on May 9, 2019 at the Civic Center Announced the Finance Committee meeting being held on Thursday April 25, 2019 Mayor Dixon: Utilized slides to announce the City is accepting applications on several boards, committees, and commissions that are due May 8, 2019 by noon, the Special Event Support Program applications due by April 25, 2019, the upcoming shred event on May 11, 2019 at Big Canyon Reservoir, and to recap the 5th Annual Mayor's Egg Race Announced the upcoming screening of Big Sonia in the Main Library's Friends Meeting Room Attended the OASIS Annual Volunteer Luncheon, the Corona del Mar Resident's Association annual meeting and the installation of the Association of California Cities Orange County (ACC - OC) board of directors where she has been appointed First Vice President of the board XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher expressed concern that the ordinance does not allow for an appeal process relative to the hearing officer decision (Item 3) and that on-call contracts are being used beyond what they were intended for and about the spending increase (Item 8). He suggested the letter of proposal be submitted to the City Clerk's Office, along with the contract, to allow public access. Regarding Item 3, Community Development Director Jurjis explained the construction extension hearing process and confirmed that these hearings would be open to the public. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 9, 2019 City Council Meeting [100-2019] Continued to the May 14, 2019 City Council meeting. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. Adopt Ordinance No 2019-8: Amending the Newport Beach Municipal Code, Setting Time Limits to Complete Construction [100-2019] Volume 64 - Page 88 City of Newport Beach Study Session and Regular Meeting April 23, 2019 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) Conduct second reading and adopt Ordinance No. 2019-8, An Ordinance of the City Council of the City of Newport Beach, California, Adding Section 15.02.095 to the Newport Beach Municipal Code, Setting Time Limits to Complete Construction. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-38: Specifying Uses for FY 2019-20 RMRA Funding from the Road Repair and Accountability Act of 2017 [100-2019] 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) Adopt Resolution No. 2019-38, A Resolution of the City Council of the City of Newport Beach, California, Adopting a List of Projects for Fiscal Year 2019-2020 Funded by SB 1, the Road Repair and Accountability Act of 2017. CONTRACTS AND AGREEMENTS 5. 2018-2019 Playground Improvements Project - Award of Contract No. 7582-1 (19P01) 38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 -Class 1 (Existing Facilities) and Sec. 15302_Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because this involves maintenance of existing facilities and will be reconstructing existing facilities on the same site as the structure [facility] replaced. The project will have substantially the same purpose and capacity as the structure [facility] replaced; b) Approve the project drawings and specifications; c) Award Contract No. 7582-1 to R.E. Schultz for the total bid price of $188,645.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish approximately $20,000.00 (approximately 10 percent), contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 19BA-042 transferring $28,000.00 of project savings in Jasmine Creek Maintenance Road Reconstruction to 2018-2019 Playground Improvements. Council Member Muldoon recused himself on Item 5 due to property interest conflicts. 6. Slurry Seal Program - Award of Contract No. 7432-1 (191104) [38/100-2019] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project specifications; c) Award Contract No 7432-1 to Roy Allen Slurry Seal, Inc. for the total bid amount of $946,629.00; d) Establish a contingency of $95,000.00 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 19BA-043 appropriating $168,600.00 from the General Fund Capital Projects unappropriated fund balance (cost savings from completed CIP projects) to Account No. 0121927-980000-19R04. Council Member Muldoon recused himself on Item 6 due to property interest conflicts. 7. Approval and Award of Agreement for Weed Abatement Services to Natures Image, Inc. C-8537-1) [381100-2019] 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; Volume 64 - Page 89 City of Newport Beach Study Session and Regular Meeting April 23, 2019 b) Approve a five-year term agreement with Natures Image, Inc. for weed abatement and vegetation management services for a total not -to -exceed amount of $1,974,933.24, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 19BA-044 appropriating $40,000 from General Fund unappropriated fund balance to the Parks Division, Hazard Mitigation Account No. 0109031- 841055 within the Public Works Department operating budget for weed abatement and vegetation management services with funding to be continued with each annual operating budget proposal. Council Members Avery and Duffield recused themselves on Item 7 due to property interest conflicts. 8. Approval of Amendments to Four On -Call Professional Engineering and Landscape Architectural Services Agreements [381100-2019] 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) Approve four separate Amendments to current on-call Professional Services Agreements with Walden and Associates (C-8140-1), Civiltec Engineering (C-8304-1) and Psomas (C-8170-1) for Professional Engineering services increasing the total not -to exceed amount to $300,000 per agreement; and with BGB Design Group (C-7133-1) for Professional Landscape Architectural services increasing the total not -to -exceed amount to $250,000, and authorize the Mayor and City Clerk to execute the amendments. MISCELLANEOUS 9. Planning Commission Agenda for the April 18, 2019 Meeting [100-2019] Receive and file. 10. Grants and Donations Report for the Quarter Ending March 31, 2019 [100-2019] 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. 11. Storm Drain Operations Fiscal Year 2018/2019 Budget Amendment [100-2019] 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) Approve Budget Amendment No. 19BA-041 appropriating $550,000 from FY 2018/19 General Fund unappropriated fund balance to the Storm Drain Program. 12. City's Position in Opposition to a State Drinking Water Tax; Support for Alternative State Legislative Measures SB 414 and SB 669 [100-2019] 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; b) Oppose a State Drinking Water Tax and authorize the City Council and staff to communicate with legislators and join coalition letters in opposition to new water taxes; and c) Support alternative State Legislative measures SB 669 Safe Drinking Water Trust and SB 414 Small System Water Authority Act; and authorize the City Council and staff to communicate with legislators and join coalition letters in support of these measures. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Duffield, to approve the Consent Calendar; and noting the recusals by Council Member Muldoon on Items 5 and 6, recusals by Council Members Avery and Duffield on Item 7, and the continuance of Item 1. The motion unanimously carried. Volume 64 - Page 90 City of Newport Beach Study Session and Regular Meeting April 23, 2019 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Carly Zamani, representing Juan and Diana Dang, requested the City Council grant a short term lease permit that City staff originally denied. Diana Miner voiced concerns regarding lack of parking, crime increase, and safety issues on Lido Isle. Denys Oberman requested that Council restore her property rights and discussed the problem she is experiencing due to a property dispute with her neighbor. Sharon Courson voiced concerns regarding the increase of crime and parking issues near Newport Harbor High School and the lack of response she is getting from Newport Beach Police. Council Member Muldoon announced that, since AT&T owns the Ford Road Residential project property and out of an abundance of caution, he recused himself due to business interest conflicts. Janice Grace, Liz Morgan, Bobbi Robinson, Carol Hatch, and Jake Furgatch expressed reasons for opposing the Ford Road Residential project, requested the City maintain the open spaces for parks and recreation, and expressed confusion about the process. Jim Mosher noted the mitigated negative declaration is currently open for public comment until May 8, 2019, and Community Development Director Jurjis announced it can be viewed at the City Clerk's Office and online. Mayor Dixon highlighted the public process for the project. Sandra Ayres noted there will be two vacancies on the Planning Commission and asked Council to listen to what their constituents want and appoint people who will assist in preserving the City's quality of life. XVII. PUBLIC HEARING 13. Resolution No. 2019-39: Community Development Block Grant — 2019-2020 Action Plan (C- 8482) [38/100-2019] Community Development Director Jurjis and Real Property Administrator Whitlinger utilized a PowerPoint presentation to review the action plan process, funding, suggested allocations, and further explained the next five-year cycle and the consolidated action plan. Discussion ensued relative to allocating no less than $10,000 per organization during the next cycle due to the cost of the mandatory audit. Mayor Dixon opened the public hearing. Jim Mosher questioned the amount of the administration fee, the purpose of the maps in the resolution, the additional areas of the City that are lower income, the Section 108 loan repayment, if this item would correlate with the Orange County Housing Financial Trust (Item 14), and the cover photo on the front of the Action Plan. Hearing no further testimony, Mayor Dixon closed the public hearing. Community Development Director Jurjis reported an additional $1,349 that could be used for nonprofit organization allocations. In response to Council questions, Clint Whited, Vice President, LDM Associates, reported Court Appointed Special Advocates(CASA) also receives CDBG funds from other Orange County cities. Volume 64 - Page 91 City of Newport Beach Study Session and Regular Meeting April 23, 2019 Mayor Pro Tem O'Neill announced that, in his motion, he recommends removing Second Chance Orange County's funding and finding another funding source to assist them, and reallocating those funds to CASA, including the additional $1,349. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Muldoon, to a) find the approval of 2019-2020 Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34; b find the approval of 2019-2020 Action Plan exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; c) adopt Resolution No. 2019- 39, A Resolution of the City Council of the City of Newport Beach, California, Approving the 2019- 2020 Action Plan for the Allocation of the Federal Community Development Block Grant for the 2019- 2020 Fiscal Year; and d) authorize the City Manager to: 1. Adjust appropriations to specific programs and projects as necessary to conform with the final 2019-2020 formula grant allocation of CDBG funds from HUD; 2. Submit the 2019-2020 Action Plan to HUD; 3. Execute the 2019-2020 .CDBG Program Grant Agreement and all related documents on behalf of the City (C-8482-113); 4. Execute sub -recipient agreements, as amended, with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan (C -8482-2B, 3B, 4B, 6B and 8); and 5. Authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. The motion unanimously carried. XVIII. CURRENT BUSINESS 14. Consideration of Joint Powers Authority with County of Orange and Other Orange County Cities to Create a Housing Finance Trust (C-8528-1) [381100-2019] Dave Kiff, Interim Executive Director for the Association of California Cities, Orange County (ACC - OC), utilized a PowerPoint presentation to explain the Orange County Housing Finance Trust and the joint power authority, how the Orange County Housing Finance Trust was formed, the goals of the trust, major issues and questions, cost scenarios, the board makeup, the difference between public and private trusts, money the trust will likely have, and reasons why the City should join. In response to Council questions, Mr. Kiff noted they would like to keep contracts to a minimum and avoid big bureaucracy, and discussed the competition for Proposition 1 funds and the process to apply for funding. Jim Mosher noted an error in the resolution and believed it should be specified when and where the board will be meeting. Motion by Mayor Dixon, seconded by Mayor Pro Tem O'Neill to 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) adopt Resolution No. 2019-40, A Resolution of the City of Newport Beach, California, Entering into the Joint Exercise of Powers Agreement to become a Member of the Orange County Housing Finance Trust. The motion unanimously carried. 15. Initiation of Zoning Code and LCP Amendments (PA2019-055) [100-2019] Mayor Pro Tem O'Neill and Clerk Brown recused themselves due to real property interest conflicts. Volume 64 - Page 92 City of Newport Beach Study Session and Regular Meeting April 23, 2019 Denys Oberman questioned the amendments to the planning and zoning code and recommended that they be individually listed and not bundled with the Local Coastal Plan (LCP) so the public can clearly understand what changes are being made. Community Development Director Jurjis detailed the steps that will be taken during the process to ensure the City remains open and transparent. Jim Mosher commented on the history of housing height restrictions and the codes that govern those, as he believes the codes are inconsistent and need to be reviewed. Motion by Council Member Herdman seconded by Council Member Duffield, to a) determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) adopt Resolution No. 2019-41, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Minimum Lot Size and Dimensions, Overlay Zoning Districts, Public Hearing Notification, Corrections to Setback Maps and the Transfer of Development Rights (PA2019-055). The motion unanimously carried 6-0. 16. Software License Agreement with Tyler Technologies Inc. for Replacement of the City's Land Management System [381100-20191 Community Development Director Jurjis provided a brief background of the item and introduced, Systems and Administration Manager Campagnolo, Purchasing Agent Nguyen, and IT Manager Luengas-Alwafai who used a PowerPoint presentation to discuss what the software will be used for, why it needed to be replaced, the software selection process, the enhanced features of the product, the scope of work, the project expense, and the hiring of a third party project manager to help with the transition that will take approximately 18 months. In response to Council Member Herdman's questions, Systems and Administration Manager Campagnolo indicated that the third party project manager would advocate with Tyler Technologies for the City and work with IT Manager Luengas-Alwafai and himself to assist with staff training. Jim Mosher questioned why three of the six proposers were not interviewed, if the software is used by other cities, and what the maintenance costs will be over the next 25 years. In response to Mayor Dixon's request, Community Development Director Jurjis and IT Manager Luengas-Alwafai explained that three of the proposals were not complete and, therefore, did not qualify to move forward in the selection process and that the future maintenance costs will be saving the City $1,000 a year by year three. Mayor Dixon was pleased with staffs financial planning and emphasized that General Fund money would not be used. Motion by Mayor Pro Tem O'Neill, seconded by Mayor Dixon, to 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; b) authorize the Mayor and City Clerk to execute a Software License and Professional Services Agreement with Tyler Technologies Inc. (C-8399-1) for the purchase, installation, and implementation services of a Land Management System in an amount not to exceed $1,355,853; and c) authorize the Mayor and City Clerk to execute a Professional Services Agreement with Park Consulting Group, Inc. (C-8266-1) for project management services and change management processes in an amount not to exceed $200,000. The motion unanimously carried Volume 64 - Page 93 City of Newport Beach Study Session and Regular Meeting April 23, 2019 XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 9:11 p.m. in memory of the victims of the Easter Sri Lanka attack The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 18, 2019, at 4:00 p.m. r JAWMN Le ani I. Brown City Clerk Diane B. Dixon Mayor Volume 64 - Page 94