HomeMy WebLinkAbout07/19/1988 - Adjourned City Council MeetingGS
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
July 19, 1988
The City Council.of the City of Costa Mesa, California,
met in adjourned regular session July 19, 1988, at
6:30 p.m., in the Council Chambers of City Hall, 77 Fair
Drive, Costa Mesa. The meeting was duly and regularly
ordered adjourned from the regular meeting of July 18,
1988, and copies of the Notice of Adjourrgment were posted
as required by law. The meeting was called to order by
the Mayor.
ROLL CALL COUNCIL MEMBERS PRESENT:. Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
COUNCIL MEMBERS ABSENT:,.- _ None
OFFICIALS PRESENT:. 'City Manager, City Attorney,
'Development Services Director,
Assistant City Engineer, City
Clerk'
OLD BUSINESS The Clerk presented proposed resolutions establishing
procedures and requirements for consideration of develop-
ment agreements.
Enabling Reso- The Development Services Director outlined staff's
lution for memorandum dated July 12, 1988. Option 1 would allow
Development the City to enter into a development agreement anywhere
Agreements in the City, while Option 2 would restrict development
agreements to the Redevelopment Agency Downtown Project
Area. Both proposed resolutions are similar in content
and requirements.
In Option 1, applicable Citywide, any development agree-
ment proposed in the Redevelopment Agency Project Area
would require review by the Redevelopment Agency with a
recommendation to Council as to whether the proposed
agreement promotes the policies and purposes of the
Redevelopment Plan.
In Option 2, Redevelopment Project Area only, the
Redevelopment Agency's role is expanded and the Agency
would review and approve the development agreement
before it is acted on by Council, except in those situa-
tions in which the development agreement implements an
existing Redevelopment Agency -approved -negotiating
agreement, development -disposition agreement, or owner -
participation agreement.
At the request of Mayor Hall, the Director of Develop
ment Services explained the advantages of a development,
agreement both for the City and property owners.
Council Member Wheeler said developers realize far more
benefits from development agreements than does the City.
Jan Luymes, 592 Park Drive, Costa Mesa, spoke in opposi-
tion to development agreements being instituted and, if
authorized, would nulify the proposals made by those who
have worked on the General Plan Steering Committee. It
would not be fair to all those who attended and expressed
their views at the numerous meetings held on the General
Plan review.
1
In response to questions posed by Mayor Hall, the De-
velopment Services Director stated that development
agreements could not be approved which would be contrary
.to the General Plan, the Zoning Code, or violate a City
ordinance.
Council Member Wheeler stated that he concurred with the
statements,made'by Jan Luymes regarding the formulation
of a new. General Plan,,and that the questions posed by
Mayor Hall relate to the current General Plan.
Jerry.Kline, representing The Kline Group, 33161 Camino
Capistrano, San Juan Capistrano, developers of the
Triangle Square Project, spoke in favor of development
agreements.and addressed the advantages of them to both
the City and developers.
MOTION A motion was made.by Vice Mayor Amburgey, seconded by
Resolution .88-53 Council Member Buffa, to adopt Resolution 88-53, being
Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, ESTABLISHING PROCEDURES AND REQUIRE-
MENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS,
approving Option 1.
Council Member Wheeler opposed the motion stating that
it would authorize development agreements anywhere in
the City which.would be beyond the scope of the requested
agreement for the Downtown Redevelopment Project Area
and, in his opinion, it would increase the requests in
North Costa Mesa.
Council Member Hornbuckle.stated she would be in favor
of development agreements only within the Redevelopment
Project Area itself.
The resolution was adopted by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa
NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle
ABSENT: COUNCIL MEMBERS: None
Lease/Leaseback The Clerk presented a.request to approve a lease/lease-
Agreement back agreement between the City and the Costa Mesa City
Hall and Public Safety Facilities, Incorporated, a non
Victoria Street profit corporation, for the financing of the Victoria
Widening Project Street Widening Project.
The City Manager referenced staff's memorandum of July
151.1988. The.proposed ordinance would allow the City
to enter into the necessary lease/leaseback agreement to
allow an asset transfer for financing the project.
MOTION A motion was made by Council Member Buffa, seconded by
Ordinance 88-10 Vice Mayor.Amburgey, to.give first reading to Ordinance
Given First 88-10, being AN'ORDINANCE OF THE CITY COUNCIL OF THE
Reading CITY OF COSTA MESA, CALIFORNIA,. APPROVING A LEASE AGREE-
MENT RELATING TO VICTORIA STREET AND THE EXECUTION
THEREOF, BY AND BETWEEN THE CITY OF COSTA MESA AND THE
COSTA MESA CITY HALL AND PUBLIC SAFETY FACILITIES,
INCORPORATED.
Council Member Wheeler cited opposition to the Victoria
Street Widening Project as the reason he will be
opposing the motion. In his opinion, the costs for the
project outweigh the benefits to be gained.
Council Members Wheeler and Hornbuckle.complimented
staff on their presentation of what this ordinance would
accomplish as addressed in their memorandum.
The motion.carried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: Wheeler
-ABSENT: COUNCIL MEMBERS: None
NEW BUSINESS The Clerk presented Environmental Impact Report No. 1038
and Planning Action PA -88-40 for Kaufman and Broad of
EIR 1038 and Southern California, Incorporated, 5500 East Santa Ana
PA -88-40 Canyon Read, Anaheim, authorized agent for Barto/
Kaufman and Tarnutzer Venture I, 2082 Southeast Bristol Street,
Broad/Barto No. 200, Santa Ana, for a Final Development Plan with an
Tarnutzer open space variance, for 90 single-family hcames on an
11 -acre site at 1050 West 18th Street in a PDR -AVID zone.
A petition has been received with 53 signatures from
residents of the Ocean View Park development opposing
the open pedestrian access between their development and
the proposed 90 -home development on the Barto/Tarnutzer
property to the south. Letters have also been received
from the following.Costa Mesa residents expressing con-
cerns,on various aspects of the project: Diane Wells,
1049 Parkhill Drive; Louise Hagan, 1885 Parkview Circle;
Mary Ann Wood, -1869 Parkview Circle; Judy and Benjamin
Hubbart, 1880 Parkview Circle; Betty and Larry Kraus,
1057 Parkhill Drive; Douglas Cavanaugh, The Ruby Restaur-
ant Group, 1721 WAttier Avenue; Tcsm Carson, Greenleaf
Park, 1750 Whittier Avenue.; and Wynette Robinson, 1053
Parkhill Drive. Also, a letter expressing concern was
received from Donald E. Studer, General Counsel for Olen
Properties Corporation, 17991 Cowan, Irvine.
The Development Services Director presented background
information contained in his memorandum dated July 14,
1988, and attachments thereto. The project site cur-
rently contains 15 operating oil wells with a storage
tank facility. The Director stated that the present
General Plan allows for 15 units per acre, multiple -
family residential. This request is for a density of
8.27 units per acre. By utilizing transparencies, the
Director outlined the typography of the site and sur-
rounding developments along with detailed plans for the
proposed project itself.
The applicants' present proposal includes the removal of
all pumping equipment and active oil wells from the
site, and includes capping off the oil wells below
ground level. Also, the oil storage tank facility would
be completely removed. To compensate for these changes,
the applicant is now requesting 92 units and reconfig-
uration of open space. Staff is recommending approval
of this proposal unless Council desires to refer it back
to the Plannning Commission for review.
At the request of Council Member Wheeler, the Develop-
ment Services Director provided an explanation regarding
the open pedestrian access between the existing Ocean
View Park development and this proposed project which was
the subject of a petition of opposition frau some of the
residents in the Ocean View Park development.
The Development Services Director responded to questions
posed by Council Member Wheeler regarding site lines.
Council Member Hornbuckle was concerned about building
around capped oil wells and the Development Services
Director outlined their locations and none are to be
under housing sites.
f -
Fred Talarico,.of Sanchez, Talarico and Associates,
Incorporated,.550-. Newport Center Drive, Newport Beach,
authors:of Environmental.Impact Report (EIR) No. 1038,
stated -that the capping.of oil wells would be accom-
plished in accordance with the new standards set forth
by the State Department of Oil and Gas and referred to
in mitigation measures No. 2, 3,_ and 61 in the EIR, and
he read the proposed mitigation measures.
At.the.request.of Vice Mayor Anburgey, Richard
Hollingsworth, 11601 Wilshire Boulevard, Ips Angeles,
addressed the safety of open .oil wells versus capped oil
wells. Mr. Hollingsworth stated he has met with repre-
sentatives frau the Department of Oil and Gas and with a
petroleum geologist regarding this particular field, the
West Newport Oil Field. He said if the oil wells were
capped there would be.no build up of gas pressure because
oil mould still.be.drawn frau surrounding wells adjacent
to .and, below the ,bluffs. . In addition, Kaufman arra Broad
had a study.,performed by The Code Consortium, Incor-
porated, -and -Fire -Protection Engineer Life Safety and
Fire Protection Concerns Association, with regard to
development of .single-family residences within a produc-
ing oil well field. The results of this study which
focused on possible hazards to residents within the
proposed development showed,that the likelihood of
leaking gas,fran a capped oil well was extremely remote.
Richard Hollingsworth, Manager for Land Acquisition,
Kaufman arra Broad -of .Southern California, Incorporated,
presented background information. In reference to con-
cerns expressed at._the_Planning..CaLUnission meeting he
said that -this new -proposal would rid this property of
all oil wells. Kaufman.and Broad has not addresssed the
relocation of the ,oil storage -tank facility, as that
responsibility lies.with the -property owner who has done
preliminary work in conjunction with its relocation.
Also, Mr. --Hollingsworth mentioned that three oil wells
would.remain on an.adjacent property, Lot 42. Kaufman
and Broad are recamnending that a condition be placed on
that property which would prevent development from
taking place until such time as these three oil wells
are removed or capped.
With regard -to -the financial cost for removing oil wells,
Richard Hollingsworth stated that Kaufman and Broad are
requesting a shared cost arrangement with the City for
costs which are directly attributable to properties
outside of,this proposed project.. He said they would
build an infrastructure.to provide for offsite drainage
which would take care of approximately 110 acres of
waterflow, 100 acres of which,are outside their proposed
project area. In addition, a Condition for -Approval in-
cludes repair and restoration of 18th Street to Whittier
Avenue, a total of 650 -feet. In their opinion, they
should not bear all of these costs.
Scott.Minami,. Land.Development Engineer, Kaufman and
Broad, presented.slides and'.addressed site and pad
elevations along with retaining walls .and their heights.
Dr. Richard`Benson, 1857 Parkview Circle, Costa Mesa,
a member of the Oceanview Haneowners Association, com-
plimented Kaufman and Broad on their proposed project
and thanked them for eliminating the oil wells on the
development site. He.felt that this project should
contain the maximum open space possible and addressed
concerns with wall heights, and safety and parking
problems connected with the open pedestrian and Emer-
gency vehicle access.
RBCESS
In closing Dr. Benson stated .that he has been asked to
speak'on behalf'of Jeff Grant, 1041 Parkhill Drive, who
was unable to attend tonight's meeting. Mr. Grant is
concerned about losing mature;trees on his property and
recommended changing the height of a proposed wall. Dr.
Benson stated that same'of the other homeowners are
concerned about similar circumstances.
Mary Warwick, 1042 West 18th Street, Costa Mesa, said
18th Street would became a thoroughfare for this project
and felt another new street would be necessary to accom-
modate the traffic.
Donna Borkland; 1045 Parkhill Drive, Costa Mesa, thanked
Kaufman and Broad°for working with the citizens in the
neighborhood'. She is concerned that changing typography
would effect drainage and agreed -with Dr. Benson that as
much open space as possible should remain within the
project. She opposes a hone which would be built 10
feet frau her property line,.and requested that construc-
tion be limited to six days a week, excluding Sundays.
`Ihe Mayor declared recess at 8:30 p.m., and the meeting
reconvened at 8:45 p.m.
Grace Speth, 1018 West 18th -Street, Costa Mesa, expres-
sed concern with`increased traffic in the area as a
result of this proposed project.
Jim Navai, 1857. .Parkview Circle, Costa Mesa, and Wynette
Robinson, 1053 Parkhill Drive, Costa Mesa, expressed
concern with.the height of retaining walls proposed
.around their properties.
Richard Hollingsworth addressed the concerns expressed
by,residents of the Oceanview Park development.
Mayor Hall asked the Director of Development Services to
respond to.ccmments made regarding the pedestrian access.
The Director stated that the emergency access pedestrian
connection referred to is an easement 20 feet wide and
would be chained off or have an unlockable type of gate
installed for fire equipment access.
Mayor Hall asked if it would b6 possible to reconfigure
the lots on the north .side of'the property to eliminate
the setback of 10 feet if -the .access were eliminated.
Richard Hollingsworth responded that one of the hones in
the proposed tract could be relocated if the pedestrian
access were eliminated.'
Scott Minami responded.to questions posed by Mayor Hall
regarding drainage plans and limiting construction to
six days per week with no construction on Sundays, and
he explained grade differentials relating to Jim Navai's
home.
.Richard Hollingsworth addressed retaining walls and
adjustments that could be made.
In reply to a question posed by Council Member Wheeler,
the`_ Development Services Director stated that the
Condition of.Approval addressing retaining walls could
Abe modified.'
Kevin Kirk, Vice President of Development and Engineer-
ing, Kaufman and Broad, addressed lot line adjustments
and setbacks and stated they are willing to give three
feet of property to adjacent,property owners. He then
outlined .the manner in which he felt this would be most
appropriately accomplished.
Robert Hollingsworth responded to a question posed by
Council Member Wheeler regarding guest parking.
Kevin Kirk stated that if driveways and sidewalks were
included as open space, this.project would exceed the 45
percent,open space,requirenents, but as a result of the
PDR -MD zoning on -the property, this space cannot be
calculated as open space,,nor can credit for driveway
parking be given.
Mayor Hall asked if the developers were agreeable to all
conditions and mitigations measures. Scott Minami re-
sponded that itis their desire to defer this decision
to the Planning Carr ission meeting when the actual
vesting.,of..the.-Tentative Tract,Map will be resubmitted.
Vice Mayor Amburgey said he would have to give serious
consideration to elimination of the proposed emergency
vehicle access. .He objects,to the developer giving up
three feet of property.to build a retaining wall, and
said if the property owners in Oceanview Park desire a
lower wall, the developer could build planter type
structures on their properties., He said work on Sundays
might.be.necessary for the project to stay on schedule.
Council Member Wheeler disagreed with the comments made
by Vice Mayor Amburgey arid.felt that the cooperation
between the developer and surrounding haneowners has
been commendable and that it was the developer that
suggested granting three feet of property to adjacent
property .,owners..
Council Member Buffa stated that if one unit were
eliminated at the north end of .the property, sane of the
Conditions for Approval could be removed. Kevin Kirk
said their request for two additional units does not
make up for the reductions they have had to make in
connection with the elimination of oil wells. He opposed
any further.decreases'but'stated that they could raise
the balconies on.the two hanes in question so that the
line -of -sight would be directed away from the rear yards
of the neighbors.
MOTION On -motion by -Council Member Hornbuckle, seconded by
Resolution 88-54 Council Member.Buffa, Resolution 88-54, being A RESOLU-
Adopted TION OF THE CITY. -COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT
NO. 1038 AS COMPLETE AND ADEQUATE FOR A PLANNED DEVELOP-
MENT; PLANNING ACTION-PA=88-40; VESTING TENTATIVE MAP
T-13224;_AND AN AMENDMENT TO A CONDITIONAL USE PERMIT,
ZONE -.EXCEPTION ZE-83-111A,:was,adopted by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS. None
In reply to a question posed by Mayor Hall, the Director
of Development. Services. recommended that the individual
Conditions of Approval be discussed before any further
motions are made.
Council Member Hornbuckle ,was in favor of adding a
condition recatunended by'Mr. Hollingsworth which would
require that the three-oil.wells on the adjacent pro-
perty be removed or capped before building would be
permitted on that property.
Vice Mayor hmburgey addressed the recommendations made
by'Mr. Hollingsworth regarding their request for addi-
tional conditions regarding the City sharing in a portion
of the costs for reconstruction of 18th Street and flood
control'improvements. The Director of Development
Services explained that Kaufman and Broad, by letter to
staff dated July 15, 1988, recommended a shared arrange-
ment to pay for the flood control improvements and a
portion of the reconstruction of 18th Street. He said
this is not mentioned in the Staff Report due to the
date on which it was received and is not on the agenda.
The Director stated that these items could be included
on an agenda some time in the future and Mayor Hall
concurred with this recommendation.
Council Member Hornbuckle referenced a letter dated
March 14, 1988, from the Assistant City Engineer to the
Planning Commission, in which Item No. 7 addresses the
18th Street reconstruction cost sharing, and Item Nos.
23, 24, and 25 addressing storm drains.
Mayor'Hall stated Engineering Requirement No. 26 on the
Tentative Tract Map enters into the drainage fee program,
and Section 15-68 of the Municipal Code addresses cost
sharing.
In response to a question by Council Member Hornbuckle,
the Director of Development Services stated that the
items addressed in the letter from the Assistant City
Engineer would be incorporated into the Tentative Tract
Map when it is resubmitted to the Planning Commission.
At that time, the fair cost sharing issue could also be
addressed.
MOTION A motion was made by Mayor Hall, seconded by Council
Lot Line Adjustment Member Buffa, to approve a lot line adjustment for the
Approved northerly lot line between this project and the Ocean -
view Park development adding three additional feet for
landscaped slope maintenance. The motion carried 4-1,
Vice Mayor Amburgey voting no.
Motion A motion was made by Mayor Hall, seconded by Council
Eliminate Member Wheeler, to eliminate the emergency access and,
Emergency Access if possible, reconfigure some of the homes to satisfy
concerns expressed.
SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa,
Developer and seconded by Mayor Hall, directing staff to meet with the
Staff Directed to developer and devise an alternate plan which removes the
Devise Alternate emergency access; and to reconfigure the placement of
Plan homes along the northerly end of the development. The
motion carried 4 -1, -Vice Mayor Amburgey voting no.
MOTION A motion 'was made by Council Member Hornbuckle, seconded
Hours for by Council Member Wheeler, to set the hours for corn
Construction struction from 7:00 a.m. to 8:00 p.m. Monday through
Modified Saturday.
Kevin Kirk stated that itis not their intent to have
work performed on Sundays but do not wish it excluded
should it become necessary in an emergency.
The motion carried 4-1, Vice Mayor Amburgey voting no.
Kevin Kirk expressed concern with Mitigation Measure
No. 14 and stated that rear yards will be private and
landscaped by the individual owners. The Development
Services Director had no objections to deleting the
landscape requirements in rear yards within this single-
family development. Mayor Hall stated that any reference
to rear yard landscaping should be deleted.
MOTION
A motion was made by Council Member Buffa, seconded by
PA -88-40 (Revised)
Council Member Wheeler, to approve Planning Action
Approved
PA -88-40 (Revised) subject to the Statement of Findings
.and Fact,'6tatement of Overriding Considerations and
MOTION
Findings, and Conditions of Approval contained in the
Request for GPA
Staff Report as modified with deletion of any reference
Approved
to removal of oil wells and rear yard landscaping, and
Amburgey/Carich
including a Condition of Approval to suspend issuance of
MOTION
building permits on the adjacent lot No. 42 containing
Request for GPA
three oil wells until such time as the oil wells are
Denied
capped.
Callanan
Council Member Buffa stated, in his opinion, this devel-
opment represents the long-term solution to housing for
this City.
Vice Mayor Amburgey said that the developer has done an
excellent job on this project but he opposes elimination
of the emergency vehicle access.
MOTION
The motion carried 4-1, Vice Mayor Amburgey voting no.
Requests to
The Clerk presented requests to process the following
Process General
General Plan Amendments:
Plan Amendments
located at the rear of 2101 Newport Boulevard.
Procedure for.
Ron Amburgey and Andrew Carich for property at 2233
Campaign Process
and 2239 Fairview Road.
John Callanan for property at 1976 Orange Avenue.
Abdul Mozayeni for property at the rear of 2101
Newport Boulevard.
The Development Services Director presented background
information, analysis and recammendations for each
request as contained in staff's memorandum dated July
12, 1988.
MOTION
A motion was made by Council Member Wheeler, seconded
Request for GPA
by Vice Mayor Amburgey, and carried 5-0, to approve the
Approved
request to process a General Plan Amendment for property
Amburgey/Carich
located at 2233 and 2239 Fairview Road.
MOTION
A motion was made by Council Member Hornbuckle, seconded
Request for GPA
by Council Member Wheeler, and carried 5-0, to reject
Denied
the request to process a General Plan Amendment for
Callanan
property located at 1976 Orange Avenue.
Abdul Mozayeni, 18552 MacArthur Boulevard, Irvine,
addressed new ingress and egress for their proposed
residential development.
Vice Mayor Amburgey stated, in his opinion, residential.
development was not an appropriate use for this area.
MOTION
A motion was made by Vice Mayor Amburgey, seconded by
Request for GPA
Council -Member Wheeler, and carried 5-0, to reject the
Denied
request to process a General Plan Amendment for property
Mozayeni
located at the rear of 2101 Newport Boulevard.
Procedure for.
The Clerk presented procedures for campaign process.
Campaign Process
Mayor Hall recommended the item be continued to allow
more time study the material presented.
At Council Member Hornbuckle_'s request, the City Manager
presented information regarding Recammendation No. 3
addressed in a memorandum dated July 14, 1988, regarding
the authorization of the City Manager to coordinate
publicity regarding candidate forums. He stated that
citizen.organizations and the Chamber of Canmerce have
expressed interest in sponsoring open public forums,for
candidates. He recc mmended that.City facilities be made
available for this purpose and Council had no objection
to his -request.
MOTION A motion was made by Vice Mayor Amburgey, seconded by
Continued to Council Member Wheeler, and carried 5-0, to continue the
August 1, 1988 procedure for campaign process to the meeting of August
1, 1988.
Funding Request The Clerk presented a funding request frau We Tip,
We Tip Incorporated, Post Office Box 1296, Rancho Cucamonga.
MOTION A motion was made by Vice Mayor Amburgey, seconded by
Funds Authorized Council Member Hornbuckle, to authorize a contribution
of $3,675.00 to We Tip, Incorporated.
Council Member Wheeler opposed approval of funds to this
organization and stated that funds could be better used
by our Police Department to perform similar activities.
The motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: None
Cable Television The Clerk presented a request for additional funding
Grant Funds for a current Cable Television Grant recipient, Jan
Aust-Schminke.
MOTION A motion was made by Council Member Hornbuckle, seconded
Additional Funds by Council Member Wheeler, to authorize additional
Authorized funding in the amount of $1,000.00 to Jan Aust-Schminke,
for the project "A Dig of Our Own". This project was
previously allocated $2,000.00 on January 18, 1988. The
motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Business Pemits
Item Nos. 4 and 5 on the Consent Calendar were presented:
We Tip and
Notice of Intention to Appeal or Solicit for Charitable
Association of
Purpose fran Wb Tip, Incorporated;- Post Office Box 1296,
Deputy Marshals
Rancho Cucamonga,,and Association of Deputy Marshals of
of Orange County
Orange County, Post Office Box 12021, Santa Ana.
Vice Mayor Amburgey stated these organizations have
estimated that 20 percent of contributions collected will
go directly to the charity. He asked the City Attorney
if the City could restrict acceptance of these requests
if they fall below certain criteria.
The City Attorney replied that the Supreme Court has
ruled that cities do not have the authority to prohibit
solicitation merely because a small percentage of funds
actually go for charitable purpose. He recommended that
approval subject to canpliance with all City and State
regulations concerning solicitation and deleting the
reference to Municipal Code Section 9-234(j).
MOTION
On motion by Vice Mayor Amburgey, seconded by Council
Pemits Approved
Member Hornbuckle, and carried 5-0, the permits were
approved anitting reference to Municipal Code Section
9-234(j).
1
1987-88 Street Item 8(a) on the Consent Calendar was'presented: 1987 -
Maintenance 88 Street Maintenance, Street Reconstruction for
Greenbrook Hcmes Greenbrook Homes.
Sid Soffer, 900 Arbor Street, Costa Mesa, pulled this
item from the agenda last evening and was not present in
the audience to explain his action.
MOTION On motion by Council Member Buffa, seconded by Vice
Awarded to Vernon Mayor Amburgey,-the contract. was awarded to Vernon
Paving Paving Company, 2554 Woodland Drive, Anaheim, for
$945,457.68. The motion carried by the following roll
call vote:
AYES_: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
..-NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Northbound I-405/ Item 8(b) on the Consent Calendar was.presented: North -
Harbor Boulevard bound Interstate 405/Harbor Boulevard Off -ramp widening.
Off -ramp
Sid Soffer, 900 Arbor Street, Costa Mesa, pulled this
item from the agenda last evening and was not present
in the audience to explain his action.
MOTION On motion by Council Member Buffa, seconded by Vice
Awarded to Mayor Amburgey, the contract was awarded to Peterson--
Peterson-Chase
etersonPeterson-Chase Chase General Engineering Construction, 27122 Cordero
Lane, Mission Viejo,.for $357,279.50. The motion car-
ried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ADJOURNMENT The Mayor declared them ting adjou at 0:30 p.m.
Mayor of the City of --Costa Mesa
City.Clerk of the Cityof Costa Mesa