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HomeMy WebLinkAbout01 - Minutes - 09-27-2005October 11, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session September 27, 2005 — 5:00 p.m. ROLL CALL DRAFT 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 DETERMINTATIONS AND LAND USE APPROVALS. [100 -2005) City Attorney Clauson 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 Riff 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, Volume 57 — Page 418 City of Newport Beach Study Session Minutes September 27, 2005 Assistant City Manager Kiff 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 Kiff 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 Clausen 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. City Clerk Recording Secretary Mayor Volume 57 - Page 419 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 27, 2005 - 7:00 p.m STUDY SESSION - 5:00 p.m. CLOSED SESSION - None A. RECESSED AND RECOAVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Daigle E. IATVOCATION - Pastor Bob Brogger, Mariners Church F. PRESENTATIONS Presentation by Saunders Property Company for the Centennial (contd. from 9/13/05) - John Saunders presented a check for $25,000 to Mayor Pro Tem Webb. Proclamation for Mess Night for the 1st Battalion/lst Marines on September 29, 2005 and reconfirmation of the adoption of the 1st Battalion/lst Marines - Mayor Heffernan read the proclamation which will also be read on Thursday at Mess Night. Relay for Life Presentation - Anna Lisa Biason announced that the 2005 Relay for Life event raised over $130.000. She presented a token of appreciation to the Mayor and Council for all their support. Presentation on JWA Facilities Project by Airport Director Alan Murphy - Airport Director Alan Murphy provided a PowerPoint presentation to discuss the JWA expansion and responded to Council questions. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS REPORT (NON- DISCUSSION ITEM): Mayor Pro Tern Webb announced that there are 338 days until the City's 100th birthday and shared "Centennial Moments ". Volume 57 - Page 420 City of Newport Beach City Council Minutes September 27, 2005 Council Member Daigle requested a report regarding Santa Ana Heights projects and funding needed to keep the projects going for the next 12 months. Council Member Daigle discussed the traffic measures implemented at Corona del Mar High School and requested a report relative to improving the parking lot at the school. Council Member Nichols requested a report relative to improvements at the Corona del Mar State Beach. Mayor Heffernan announced that the Corona del Mar Centennial Committee dedicated their timepiece last Sunday. Mayor Heffernan requested a report relative to upkeep of vacant sites, i.e. Orchid/Coast Highway and the Port Theater. Mayor Heffernan asked if there could be an easily- applied roof height calculation. Council Member Ridgeway discussed the fish hatchery in the channel. I. CONSENT CALENDAR (Items 1 to 13 READING OF MINUTESIORDIAANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 13, 2005. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. R'aive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR AD O 3. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL 1100 - 20051. 1) Adopt Ordinance No. 2005 -17, to repeal Chapter 20.67 of the NBMC and adopt a new Chapter 20.67 pertaining to regulation of signs on a citywide basis, except the Newport Coast and Newport Ridge Planned Communities, or where regulations conflict with regulations established in the Santa Ana Heights Specific Plan and all other commercially -zoned Planned Communities, and related amendments to Title 20 of the NBMC to repeal the Sign Regulations and related references on Districting Maps of the Mariner's Mile Specific Plan and Balboa Sign Overlay, and amendment to add Subsection L to Section 10.50.020 of Chapter 10.50; and 2) adopt Resolution No. 2005 -49 to adopt a Sign Design Guidelines Manual pertaining to signs on a citywide basis. RESOLUTION FOR ADOPTION 4. ACCEPTANCE OF A $65,000 DEPARTMENT OF BOATING AND WATERWAYS GRANT FOR THE VESSEL PUMPOUT STATION NEAR THE AMERICAN LEGION [100 - 2005]. 1) Adopt Resolution No. 2005 -50 agreeing to accept a $65,000 grant from the California Department of Boating and Waterways for a new vessel pumpout facility; and 2) direct staff to pursue construction of the facility. Volume 57 - Page 421 City of Newport Beach City Council Minutes September 27, 2005 CONTRACTS AND AGREEMENTS 5. MEMORANDUM OF UNDERSTANDING (MOU) AND BUDGET AMENDMENT - UPPER NEWPORT BAY NATURE PRESERVE ACCESS AND RESTORATION PROJECT (C -3592) (No Report) (contd. from 9/13/05). Removed from the calendar. 6. STREET LIGHT BANNERS FOR THE CENTENNIAL (C -3812) (381100- 2005). 1) Approve the installation of temporary banners for the Centennial to be placed on 190 street light poles throughout the City; 2) waive the provision of Council Policy L -16 that requires the banners to be removed after 30 days and allow the banners to be at these locations throughout the Centennial year; and 3) approve an agreement with Exterior Products, Inc. in the amount of $43,364.46 for the fabrication and installation of the banners. 7. AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR CITYWIDE MEDIANS AND ROADSIDES (C -3813) (381100- 2005). 1) Approve a five year maintenance contract with TruGreen Landscape to provide landscape maintenance services for Citywide medians and roadsides at an annual cost of $414,000; and 2) approve a budget amendment (06BA- 018) in the amount of $78,825 to fund the contract for the remaining nine months of the Fiscal year. S. NEWPORT CENTER PARK - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. (C -3633) (381100- 2005) 1) Approve Amendment No. 1 to Professional Services Agreement with Hall & Foreman, Inc. of Irvine for design services at a contract price of $158,500 and authorize the Mayor and the City Clerk to execute the Amendment; and 2) approve a budget amendment (06BA -016) appropriating $23,500 from General Fund 7014 - 05100805 (Morning Canyon Stabilization Project) into Account No. 7021 - C4120656. 9. SEMENIUK SLOUGH MAINTENANCE DREDGING FEASIBILITY STUDY - AMENDMENT NO 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. (C -3636) (381100- 2005). 1) Approve Amendment No. 2 to Professional Services Agreement with Noble Consultants, Inc. of Irvine to develop a more specific federal/state /City dredging project for Semeniuk Slough at a contract price of $44,000 and authorize the Mayor and the City Clerk to execute the Amendment; and 2) approve a budget amendment (06BA -017) appropriating $44,000 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7231- C5100719 (Tide and Submerged Land). 10. POLICE BUILDING MODIFICATIONS AND FIRE STATION NO. 6 GENDER MODIFICATIONS & HOSE TOWER DEMOLITION - AWARD OF CONTRACT (C -3640) (381100- 2005). 1) Approve the plans and specifications for the three projects listed; 2) award the contract (C- 3640) to Horizons CCI Services, Inc. for the total bid price of $405,500 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $40,550 to cover the cost of unforeseen construction expenses; Volume 57 - Page 422 City of Newport Beach City Council Minutes September 27, 2005 and 4) approve a budget amendment (06BA -015) appropriating $100,000 from the Building Excise Tax Fund and $148,000 from the General Fund for the Fire Station 6 Gender Modification project and the remaining portion needed for the Police West Building Remodel project to the accounts designated on the budget amendment. MISCELLANEOUS ACTIONS 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES (100 - 20051. Approve a budget amendment (06BA- 014) to increase expenditure appropriations by $20,000 in:Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services, 12. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR. 2005 -2006 (100 - 20051. 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2005 and ending September 30, 2006; and 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff. 13. HOUSING ELEMENT IMPLEMENTATION - ANNUAL PROGRESS REPORT (100 - 20051. 1) Review, file and forward the Annual Housing Element Implementation Report to the State Department of Housing and Community Development; and 2) review the letter to the State of California's Office of Planning and Research and authorize staff to submit the letter. Regarding Item 13, City Manager Bludau indicated that Council Member Nichols' questions can be discussed during a study session. '_Motion by Mayor Pro Tem Webb to move affirmative action of the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARINGS 14. REVIEW OF THE FY 2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (100 - 20051. Project Manager Trimble provided the staff report and responded to Council questions about what the money can be used for and the Section 108 loan. Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the public hearing. Volume 57 - Page 423 City of Newport Beach City Council Minutes September 27, 2005 Motion by Mayor Pro Tern Webb to approve the Draft Consolidated Annual Performance and Evaluation Report. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansk-y, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 15. CODE AMENDMENT NO. 2005 -010 AMENDING CHAPTER 20.66 OF THE 1\BMC TO INCREASE THE MINIMUM PARKING REQUIREMENT FOR DUPLEXES NOT LOCATED WITHIN THE COASTAL ZONE OR OLD CORONA DEL MAR. FROM 1.5 SPACES PER UNIT TO 2.0 SPACES PER UNIT (PA2005 -201) (100- 2005). Senior Planner Murillo explained the differences between Items 15 and 21. He provided the staff report and recommended that the proposed ordinance also include a provision allowing construction plans submitted to the City prior to the effective date to be allowed to proceed under the old rules. He responded to Council questions regarding notification to the property owners and how this could affect Corona del Mar. Mayor Heffernan opened the public hearing. Amy Ogburn expressed how the proposed code amendment would affect her property and requested that Council not approve it; however, if it is approved, she requested to be grandfathered since their property is the only duplex on the street. John Ogburn expressed his objections and concerns with the proposed code amendment. He noted that their neighbors are in attendance to support them. Phil Ramming spoke in support of the Ogburns and noted that each home has a unique situation. Charles Wechsler expressed his support for the Ogburns and expressed hope that locations are considered individually. Donald Meir believed that this could cause a hardship. Michael Sporck expressed his support for the Ogburns and suggested that the code amendment focus on square footage or the number of bedrooms, not on the type of property. Marti Dutch expressed her concerns relative to the code amendment. Nancy Chosik spoke in support of the Ogburns and requested that Council not take action tonight. Hearing no further testimony, Mayor Heffernan closed the public healing. Motion by Council Member Rosansky to approve Code Amendment No. 2005- 010 by introducing Ordinance No. 2005 -18, with the addition of a six month grandfather provision For anyone who applies for a building permit. Volume 57 - Page 424 City of Newport Beach City Council Minutes September 27, 2005 City Attorney Clauson suggested amending the motion so the language is similar to Item 21. Amended motion by Council Member Rosansky to clarify that the six month grandfather provision shall apply to anyone who submits a deemed complete building permit application to the City. The amended motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway. Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS Allan Beek discussed the proposed initiative and suggested voting on the City Hall issue.. . Edward Romeo expressed his opposition to the initiative process. James Turner questioned if the Certificates of Participation (COP) will increase property taxes and agreed with putting this to a vote. Rene Powers expressed her support of the initiative. Michael Strock disagreed with having. the initiative, but believed that there are more options to explore. Nancy Alston expressed her concerns with the John Wayne Airport (JWA) expansion and suggested that a staff member attend the Noise Abatement Committee meetings. Jean Price agreed that Council or staff should attend the Noise Abatement Committee meetings, but also attend the Corridor City Coalition meetings. Joan Anderson expressed her concerns relative to the JWA expansion. Craig R'egger expressed his concerns regarding the proposed City Hall. Dolores Otting suggested that the City sell the land that City Hall is on. Marko Popovich, Stop Polluting Our Newport (SPON\ , expressed SPON's support of the initiative. Marianne Zippi discussed the financing options for the proposed City Hall and taking the issue to a vote. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that there will be a General Plan Update meeting on October 4. Local Coastal Program Certification Committee - Council Member Ridgeway announced that the City will have its bearing before the Coastal Commission on October 13 in San Diego. Newport Coast Advisory Committee - No report. Volume 57 - Page 425 City of Newport Beach City Council Minutes September 27, 2005 Mariners Joint Use Library Ad Hoc Steering Committee Mayor Pro Tem Webb reported that construction is on schedule and the dedication will be held in April or May. City Centennial 2006 Committee - Mayor Pro Tem Webb reported that "Let's Do Launch" will be held on Sunday at the Newport Dunes from 11 a.m. to 5 p.m. He stated that he will be making future announcements about the Rose Parade float. City Council/Citizens Ad Hoc Committee for Marina Park Planning - :Mayor Pro Tem Webb reported that they held their final meeting on September 20 in which they received two presentations. City Council Ad Hoc Marina Park Advisory Committee - No report. Upper Bay Dredging Project - Mayor Heffernan announced that this project will begin on October 11 and discussed what the project entails. Measure M Committee - Council Member Daigle requested feedback from Council relative to transit components. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR SEPTEMBER 22, 2005 [100 -0051. Planning Director Temple reviewed the following Plannin Commission items: Bahia Corinthian Yacht Club - 1601 Bayside Drive; and the Housing Element Implementation -Annual Progress Report. . Motion by Council Member Nichols to appeal the project at 2721 East Coast Highway (Planning Director's Use Permit). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Noes: Council Member Ridgeway N. CONTTINUED BUSINESS 17. REPORT FROM CITY HALL RELOCATIONT SPECIALISTS REGARDING TEMPORARY RELOCATION OPTIONS [351100- 20051. City Manager Bludau provided the staff report and responded to Council questions about the compensation arrangement with CB Richard Ellis and why they were selected. He announced that Jeff Morgan and Dean Chandler of CB Richard Ellis are in attendance. Dean Chandler, CB Richard Ellis, discussed their constraints and reported that there are relocation alternatives but they cannot move forward until a decision is made about the City Hall project. He discussed the options and the range of current lease rates. Discussion ensued relative to the timeframe to find a location, building modifications, the relocation budget, and possibly relocating outside the City limits. Volume 57 - Page 426 City of Newport Beach City Council Minutes September 27, 2005 Dolores Otting questioned the budget and the possibility of relocating outside the City. John Buttolph questioned the relocation cost and requested that the budget be nailed down. Roger Torriero, Griffin Structures, discussed possible options relative to relocation It was the consensus of Council to also look at locations outside of the City if it was more cost effective than what is in the City and was in close proximity to the City limits. Mayor Heffernan recessed the meeting at 10:00 p.m. and reconvened the meeting at 10:16 p.m., with all Council Members in attendance. is. CIVIC CENTER FINANCING REPORT (351100- 20051. Administrative Services Director Danner utilized a Pow.erPoint presentation which provided an overview of City finances, highlighted the projected operating cost changes attributable to the Civic Center proposal, highlighted the projected revenue and expenditure changes, summarized the projected net cash flow changes, and discussed the fiscal condition of the City and non- quantifiables. He answered Council questions regarding the State's refund, PERS, budget reserves, and the financing for the Central Library Certificates of Participation (COP). Dolores Otting discussed salarieslbenefits and PERS, suggested using money for lighted crosswalks in Corona del Mar and an emergency disaster warning program, asked about a performance bond, and suggested having an outside party review the architectural drawings for mistakes. Jan Vandersloot expressed that it was premature to consider issuing COPs for City Hall and listed issues that were brought to a vote and were overturned. He suggested using this money towards other improvements. Larry Porter discussed general obligation bonds and COPs, and suggested placing this issue to a vote of the people. Brenda Martin suggested placing this issue to a vote and investigating other financing options. Philip Arst, Greenlight, believed that this issue should be voted on, recommended that the City prioritize its projects, and discussed the initiative. Mayor Heffernan noted that COPS were used to fund the Central Library without a vote and discussed the initiative. City Attorney Clauson explained the differences between COPS and bonds. Nancy Skinner discussed using solar panels on the proposed City Hall. Ed Romeo took issue with initiatives and pointed out that a parking structure and fire station are part of the project. John Buttolph discussed the purpose of initiatives and the proposed initiative Volume 57 - Page 427 City of Newport Beach City Council Minutes September 27, 2005 Laura Curran requested more information be provided to the public, suggested having a citizen review committee, and requested that Council state their position on the issue. Without objection, Mayor Heffernan requested that Item 21 be taken out of order. O. CURRENT BUSINESS 21. CODE AMENDMENT NO. 2005 -oos AMENDING TITLE 19 OF THE NBMC RELATED TO MINIMUM PARKING STANDARDS FOR THE CONVERSION OF A DUPLEX TO CONDOMINIUMS (PA2005 -168) [100- 2005). Council Member Rosansky recused himself since he owns duplexes in West Newport. Senior Planner Murillo provided the staff report and answered Council questions regarding parking and the time limit on condominium conversion permits. Melanie Neasmin requested information about curb cuts. Council Member Nichols left the Council Chambers at 12:1'2 a.m. Russ Minnow expressed his opposition to the proposed ordinance. Scott Dalton discussed parking issues and suggested looking at the age of the duplex rather than the number of parking spaces. Alex Bronna expressed his opposition to the code amendment and discussed the handout he presented to Council. Motion by Council Member Selich to approve Code Amendment No. 2005 -008 by introducing Ordinance No. 2005 -19 amending the Condominium Conversion Regulations of Title 19 of the A'BMC to increase the minimum number of parking spaces required for the conversion of a duplex to comply with current standards. City Attorney Clausen explained that Council Member Nichols has a conflict of interest since he owns a duplex. The motion carried by the following roll call vote: Ayes Council Member Selich, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway Noes: Council Member Daigle Abstain: Council Member Rosansky, Council Member Nichols N. CONTINUED BUSINESS (Continued) 19. CITY HALL OPTIONS FOR PROJECT DELIVERY [35 1100 - 2005). It was the consensus of Council to continue this item, but discuss Item 20. 20. REVIEW OF TWO ISSUES PERTAINING TO PROPOSED CIVIC CENTER COMPLEX PLANNING [351700 - 2005]. Rick D'Amato, LPA Associates, presented a PowerPoint presentation to discuss the site configuration options. Fire Chief Riley explained why the base site plan is a Volume 57 - Page 428 City of Newport Beach City Council Minutes September 27, 2005 better configuration for fire station operations. Council provided input relative to the base site plan and the revised site plan. Dolores Otting recommended selling the City Hall property. Motion by Council Member Rosansky to move forward with the base site plan for purposes of the schematic drawings. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle Noes: Mayor Pro Tem Webb, Council Member Nichols Mr. D'Amato presented a PowerPoint presentation to discuss the Council Chambers options and responded to Council questions. Council expressed concern relative to the configuration of the lobby, redesign costs, and access to the City Manager, City Attorney, and City Clerk's offices. Dolores Otting expressed her support for the revised Council Chambers /Community Room option. Motion by Council Member Rosansky to move forward with the revised site plan for purposes of the schematic drawings, provided that access is widened to the City Manager, Mayor, City Attorney, and City Clerk's offices and those offices remain in the same location if possible. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Council Member Daigle, Council Member Nichols Noes: Mayor Heffernan, Council Member Ridgeway P. ITEMS REMOVED FROM THE CONSENT CALENDAR. - None. Q. MOTION FOR RECONSIDERATION Regarding Resolution No. 2005 -48 that was approved on September 13, 2005, Council Member Daigle stated that Council needs to decide if Council should have the authority to deny a transfer of Adelphia to Time Warner or if staff should have that authority. Motion by Council Member Nichols to reconsider Resolution No. 2005 -48, which authorizes staff to deny a transfer of Adelphia to Time Warner, with consultation from the Telecommunications Committee. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Nichols Abstain: Council Member Daigle R. ADJOURNMENT - Adjourned at 1:26 a.m. on Wednesday, September 28, 2005, to Tuesday, October 4, 2005 at 7:00 p.m. for a General Plan Update Meeting. Volume 57 - Page 429 City of Newport Beach City Council Minutes September 27, 2005 The agenda for the Regular Meeting 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. City Clerk Recording Secretary Mayor Volume 57 - Page 430