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HomeMy WebLinkAbout12/16/1957 - City CouncilA C\ 6 8'8 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 16, 1957 . The City Council of the City of Costa Mesa, -California, met in regular session at 7:30 p.m., December 16, 1957 at the'City Hall, 695 W. 19th St., Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and Inovcation by Reverend H. F. Hannum. ROLL CALL Councilmen Present: J.Smith, B.Smimh, Pinkley, Meyers, Nelson Councilmen Absent: None Officials Present! City Manager, City Attorney, City Engineer, Chief Deputy City Clerk MINUTES Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried the minutes of .the meeting .of December 2, 1957 were approved as written and previously mailed out. PUBLIC HEARING The Mayor 'announced that the hour of 7:30 oticlock p.m. having arrived, E. 17th Street this was the time and place.fixed by the City Council of the City of Improvement Dist. Costa Mesa, California, for hearing on the .matter of the Improvement of East 17th Street and certain other Streets and Alleys in the City of Costa Mesa, California, under the provisions of Diviion 4 of the Streets and Highways Code of the State of California. The Clerk reported that notice of the hearing unde.r-Division_4 was given by mail as provided in said Division, and 'that -said" notices were mailed more than thirty (30) days prior to the date fixed for'hearing, and that an affidavit showing such compliance is, -on -file in -his office-. The Mayor announced that prior to the consideration of protests;`: it would be necessary that the report under Divilo- 4 of said Code bei read to the Council. Whereupon, the report, exceptas<to the map, ,plat, or diagram, and the assessed valuations and true valuations of, and',-,,{..'. assessments and estimated assessments upon each parcel of land, was read ' to the Council.-`° The Mayor then inquired of the Clerk if any written. -protests or objections had been filed. The Clerk reported that certain written protests or objections had been filed with him prior to the time set for hearing. The Clerk then read to the Council said protests. The Mayor then asked if any person desired to orally protest or speak in support of any written protest filed. The following persons orally protest or spoke in support of their written protests: ASSMT. NAME ADDRESS 77-63— Walter Weimer 182 E. 18th Street 211 Guy M. Finney 134 N. Screenland, Burbank 384 & 385 P. W. Tetherton 334 E. 16th St. 95 0. S. Nelson 302 Ramona P1. 467,907,9o8 909,910,911 9.12 Ted Bolte 82 Mrs. James Hastings 1512 Westminster .169 Frank Rich 6536 Pream Dr., Bell Gardens 646 Earl E. Crouch 170 Cabrillo 213 Harry Geiser 237 Palmer 85 Mrs. Pearl Armatrout 2278 Orange 669 Arthur L. Pollard 1.70 Wells 591,592 Ed Stroot 488YE. 17th St. The Mayor declared a ten minute recess and the meeting reconvened at 9:40 p.m. ASSMT. NAME ADDRESS 2-62 — Kenneth Briggs 212 Ogle St. 639 Yri Hirata 114 Cabrillo 831,846,902 A. W. Barnes-": 27:6 E. 18th St. 296 Mrs. J. Fisback 6946 El Cedral St., Long Beach 15 40 A. C. Kling 267 E. 15th St. 321 Eleanor Gould 263 16th P1 776 Virgil Smith 135 E. 18th St. 348 Robert Shaw 342 Ogle St. 689 RESOLUTION N0. 427 RESOSLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN WORK OR IMPROVEMENT OF EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS SUBSTAN- TIALLY AS SET FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND DETERMINING THAT SAID PROJECT IS FEASIBLE AND MAKING OTHER DETERMINATIONS. WHEREAS this City Council has heretofore :taken steps provided by Sections 2821, 2822,. and 2823 of the Streets and Highways Code of the State of California, said Sections being a part of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California, for certain work or improvement .in the City of Costa Mesa, Califoida; and WHEREAS, this City Council directed Laurence J. Thompson to procure the required informal,tion and prepare and present to this City Council the written report on said work and improvement required by the above Act; and WHEREAS, said report has been presented to this City 06uncil and approved and ordered filed by this City Council; and WHEREAS, by Resolution, this City Council fixed a time and place for hearing by it on said report; and WHEREAS,.at the time and place -so fixed, a hearing was duly held by this City Council at which all written protests or objections were presented, read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said report, said work or improvement, or any of the proceedings therefor; and WHEREAS, all persons desiring to appear and be heard were heard at said haring, and said hearing has.been regularly held, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That said report contains all the matters and things required by law and that notice of hearing on be proposed project generally described therein has been duly and regularly given. SECTION 2. That no written protest has been filed with the Clerk of this City Council by the owners of one-half of the area of the propert to be assessed for said proposed work or improvement and that tere is no majority protest, as provided in Section 2931 of Said Streets and High- iays Code, against only a portion of said proposed work Or -improvement. SECTION 3. That all protests ando bjections be and the same --are hereby overruled and denied. SECTION 4. That the public interest, convenience and necessity require the work or improvement substantially as set forth 'in said report that the project of said work or improvement is feasible; that the lands to be assessed for said work will be able to carry the burden of the proposed assessment for said work and that the limitations as set forth in said Division 4 may be and shall be disregarded,both with respect to the limitation on the district as a whole and as to the limitation on ndividual specific assessments. SECTION 5. That by this Resolution it is the intention of this City Council to disregard the limitations as set forth in Division 4 by making all f3lndings and determinations by.the affirmative four-fifths vote of all members thereof, as to necessity, feasibility and that the All protests were referred to the Engineer for report and computation as to the percentage of the are represented thereby. The Engineer reported that the protests, both oral and written, represented less than fifty percent (50%) of the total area of the assessment district. After a full, fair and impartial hearing and an opportunity having been given to all persons desiring to be heard, it was moved by Councilman J.Smith, seconded by Councilman Pinkley, and unanimously carried that all protests, both oral and written, be overruled and denied, upon the finding that all protests, both oral and written, are made by the owners of less than one-half of the area of the property to be assessed for the Improve- ment. The City Council having before it the Report and the plat of the assessment district, and being familiar with both, and having considered all protests filed, and the character and nature of the propsed work and the necessity for the same, and determined that the public interest, convenience and necessity require the improvement as substantially set forth in the report, and also having considered the matter as to the area of the property to be assessed for the said improvement, Councilman B.Smith presented R solution No. 427 and moved its adoption e RESOLUTION N0. 427 RESOSLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING RESULTS OF HEARING, OVERRULING PROTESTS, DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE CERTAIN WORK OR IMPROVEMENT OF EAST 17TH STREET AND CERTAIN OTHER STREETS AND ALLEYS SUBSTAN- TIALLY AS SET FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND DETERMINING THAT SAID PROJECT IS FEASIBLE AND MAKING OTHER DETERMINATIONS. WHEREAS this City Council has heretofore :taken steps provided by Sections 2821, 2822,. and 2823 of the Streets and Highways Code of the State of California, said Sections being a part of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California, for certain work or improvement .in the City of Costa Mesa, Califoida; and WHEREAS, this City Council directed Laurence J. Thompson to procure the required informal,tion and prepare and present to this City Council the written report on said work and improvement required by the above Act; and WHEREAS, said report has been presented to this City 06uncil and approved and ordered filed by this City Council; and WHEREAS, by Resolution, this City Council fixed a time and place for hearing by it on said report; and WHEREAS,.at the time and place -so fixed, a hearing was duly held by this City Council at which all written protests or objections were presented, read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said report, said work or improvement, or any of the proceedings therefor; and WHEREAS, all persons desiring to appear and be heard were heard at said haring, and said hearing has.been regularly held, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That said report contains all the matters and things required by law and that notice of hearing on be proposed project generally described therein has been duly and regularly given. SECTION 2. That no written protest has been filed with the Clerk of this City Council by the owners of one-half of the area of the propert to be assessed for said proposed work or improvement and that tere is no majority protest, as provided in Section 2931 of Said Streets and High- iays Code, against only a portion of said proposed work Or -improvement. SECTION 3. That all protests ando bjections be and the same --are hereby overruled and denied. SECTION 4. That the public interest, convenience and necessity require the work or improvement substantially as set forth 'in said report that the project of said work or improvement is feasible; that the lands to be assessed for said work will be able to carry the burden of the proposed assessment for said work and that the limitations as set forth in said Division 4 may be and shall be disregarded,both with respect to the limitation on the district as a whole and as to the limitation on ndividual specific assessments. SECTION 5. That by this Resolution it is the intention of this City Council to disregard the limitations as set forth in Division 4 by making all f3lndings and determinations by.the affirmative four-fifths vote of all members thereof, as to necessity, feasibility and that the Yd � f% 690 lands to be assessed will be able to carry the burden of such proposed assessment. APPROVED AND ADOPTED THIS 16th day of December, 1957. Said motion -to adopt said R sosution No. 427 was duly seconded by Councilman Meyers, and unanimoiky adopted by the following roll call vote, to -wit: -- AYES: Councilmen J.Smith, B.Smith, Meyers, Pinkley, Nelson NOES: None ABSENT: None On motion of Councilman Meyers, seconded by Conncilman J.Smith and unanimously carried, the hearing was closed. Upon motion by Councilman B.Smi4 seconded by Councilman Pinkley and carried that the -City Attorney and City Engineer report back to the Council their recommendations on the proposed changes from and decreases in the thing sproposed to be done as suggested by the people. RESOLUTION N0. 428 Resolution No. 428, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Allotment for OF COSTA MESA APPLYING FOR AN ALLOTMENT UNDER CHAPTER e0, STATUTES OF Chap. 20 1946, was presented. On motion by Councilman B.Smith, seconded by Council- man Meyers, Resolution No.':,428 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: None RESOLUTION N0. 429 Resolution No. 429, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Charg.ng kAuthorized OF COSTA MESA CHANGING THE AUTHORIZED AGEND OF THE CITY OF COSTA MESA Agent Chap. 20 WITH RESPECT TO CERTAIN APPLICATIONS TO THE DEPARmtMT OF FINANCE OF THE STATE OF CALIFORNIA, was presented. On motion by Councilman J.Smith, seconded by Councilman Pinkley, REsolution No. 429 was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None RESOLUTION NO. 430 Resolution NO. 430, being A RESOLUTION -OF THE CITY -COUNCIL OF THE CITY Changing Authorized OF COSTA MESA CHANGING THE "AUTHORIZED AGENT" OF THE CITY OF COSTA MESA Agent - Chap 47 WITH RESPECT TO CERTAIN APPLICATIONS -TO THE DEPARTMENT OF FINANCE OF THE STATE OF CALIFORNIA, was presented. On motion by Councilman Pinkley, seconded by Councilman B.Smith, Resolution No. 430 was adopted by the following roll call vote: AYES: Councilmen J.Smith,,B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen - None ABSENT: Councilmen - None WR 131 Warrant REsolution No. 14R 131, including Payroll No. 83, was presented for approval.. On motion by Councilman Pinkley, seconded by Councilman J.Smith, WR No: 131, was adopted by the following roll call vote: AYES: Councilmen J.Smith, B.Smith, Pinkley, Meyers, Nelson NOES: Councilmen _ None ABSENT: Councilmen —None VARIANCE NO. 414 Variance Application No. 414, being the application of Athens Builders Athens Builders Company, Inc. 5811 Westminster Avenue, Westminster, to permit construc- tion of 14-4 unit apartment buildins, was read with a request for with drawal. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley kand carried the request for withdrawal was approved. Adjournment Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried the meeting adjourned 7114a�y-ar 30 fl .m.to December 17, 1957 at 8:00 p.m. L__ ity of Costa Mesa ATTEST: .. "_- _ �, fir. �a./r✓ _ City Clerk of the Cit of Costa Mesa By 1Z. Chief Deputy