HomeMy WebLinkAbout09/27/2005 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
Study Session
September 27, 2005 — 5:00 p.m.
ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Ridgeway, Council Member Nichols
Absent: Council Member Daigle
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols asked for clarification on Item No. 8, Newport Center Park;
Item No. 9, Semeniuk Slough Maintenance Dredging Feasibility Study; and Item
No. 10, Police Building Modifications and Fire Station No. 6 Gender Modifications
and Hose Tower Demolition.
Council Member Daigle joined the meeting at 05:08 p.m.
2. INDEMNIFICATION FROM THIRD PARTY CHALLENGES TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS AND
LAND USE APPROVALS. [100 -2005]
City Attorney Clausen explained why the item was agendized, and stated that the
issue is whether the City Council would desire that an ordinance be drafted that
would authorize the City to require imposition of an indemnity condition on
development projects. Additionally, she explained what other cities are doing in
regard to the matter.
Council Member Ridgeway spoke in support of the issue being agendized and an
ordinance being presented to the City Council for consideration. Other options were
discussed.
The responsibilities of the City and project applicants, and how it is
decided when mitigated negative declarations or full environmental impact
reports are used for projects, was also discussed.
Mayor Heffernan received a majority consensus from the City Council that an
ordinance should be brought to the City Council for consideration at a future
meeting.
3. CABLE TV FRANCHISE UPDATE. [100 -2005]
Using a PowerPoint presentation, Assistant City Manager kiff discussed what cities
can and cannot do with regard to cable TV, and noted that Newport Beach is rare in
that it has two cable TV companies servicing the area. He provided subscriber,
franchise revenue, and fee information for both Adelphia and Cox. Additionally,
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City of Newport Beach
Study Session Minutes
September 27, 2005
Assistant City Manager Kif£ provided a brief history on the Ad Hoc
Telecommunications Committee, which was formed in November of 2000. He
listed the tasks assigned to the committee and the status of each. He also provided
a brief history on the City's franchise ordinance and the statement of minimum
goals, both adopted by the City Council in 2004, and noted that the franchise
agreements with both Adelphia and Cox expired in January of 2004.
Mayor Heffernan expressed frustration that it has taken so long to update the
franchise agreements, and presented ideas for streamlining the process. Assistant
City Manager Kif£ provided information on the status of the Adelphia
reorganization.
Council Member Daigle expressed dissatisfaction with Resolution 2005 -48, which
authorizes staff to deny a transfer of Adelphia to Time Warner, with consultation
from the Telecommunications Committee. Assistant City Manager Kiff displayed a
list of the reasons why the City would reject a transfer.
Council Member Ridgeway agreed that a modification to the authority given to staff
should be considered. City Attorney Clauson suggested that special counsel on the
matter, Bill Marticorena, provide additional information at a future City Council
meeting on the transfer process and the basis for the City's authority to deny a
transfer.
There was a general concensus that the matter should be agendized for a future
Study Session so that more information could be provided by Mr. Marticorena.
PUBLIC COMMENTS_ - None
ADJOURNMENT - 6:05 p.m.
The agenda for the Study Session was posted on September 21, 2005, at 3:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Recording Secretary
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