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HomeMy WebLinkAbout03/11/1963 - Adjourned City Council MeetingADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 11, 1963 The City Council of the City of Costa Mesa met in adjourned regular session at 7:30 p.m., March 11, 1963, at the City Hall, 695 West 19th Street, Costa Mesa, California, having adjourned by order of the City Council at its regular meeting of March 4, 1963, and the Clerk reported that a copy .of the Order of Adjournment had been posted as required by law. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and invocation by Councilman John W. Smith. Roll Call Councilmen Present: Tomchak, Wilson, Pinkley, Meyers, Smith Councilmen Absent: .None Officials Present:: City Manager, City Attorney, City Engineer, Director of Public Works, City Clerk PUBLIC HEARING The Mayor announced that the hour of 7:30 p.m. having Fairview Road arrived, this was the time and place fixed by the City Improvement Council of the City of Costa Mesa, California, for hearing District on the report for the improvement of Fairview Road and certain other streets, alleys and easements in said City, to wit: Fairview Road Improvement District, under the provisions of Division 4 of the Streets and Highways Code of the State of California. The Clerk reported that notice of the hearing under Division 4 was given by mail as provided in said Division, and that said notices were mailed more than 30 days prior to the date fixed for hearing, and that an affidavit showing such compliance is on file in his office. Report The Mayor announced that prior to the consideration of protests it is necessary that the report under Division 4 of said Code be read to the Council. Thereupon the report, except as 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. Written protests The Mayor then inquired of -the Clerk if any written pro- tests or objections had been filed. The Clerk reported that certain written protests had been filed with him prior to the time set for the hearing. The Clerk then read to the Council all of said protests: Assess- ment No. Name Address 5E James Slemons Harbor Boulevard 62) 55) Paul Kersten Harbor Boulevard 56) 63) 8o) 152_ Charles R. Cockle 394 Hamilton Street 00-) W. C. Hanna_ 348 Hamilton Street 204) 301-B Mrs. Bernice M. Durston 363 Avocado Street 304 .. B. H. -Ladd _ 377 Avocado Street 321 Frank J. Hoff. 377 Victoria Street 339 Shirley Arnold Ralcam Place 36o Louis A..Weide 293 Avocado Street 456 L. D. Harrison 365 West Wilson Street Written protests Continued Oral protests Assess- ment.No. Name Eugene W. Gillespie 472 P. M. Thompson 593) B. E. Robinson 594 ) support of their written 595) Assess- 69-7., Mrs. Dan Husband 486 Harold E... Langston 487 Kenneth H. -Klein 471 Herold F. Deardoff 156 Mrs. Martha A. Davis 137 Mrs. John F. Kelley 1�S) S. -W. Denbow 169) 139) T. T. Rardin 14o) 141) P. M. Thompson 225 W. A. Sonnenburg 138 - Wayne M. Scott 308 Anne McEven 470 Jack Betts 217 C. M. Dodsen- 150 Charles Smith 151 Mary Ellen Bailes 157 Luke Davis 159) Richard A. Brady 165) 469 �5-T+_ George C. Hiner 123 Lillian Vopalensky 121 Frank Torano 136 W. M. Boling 130) Odis E. Reviea 131) Address 370 Avocado Street 354 Avocado Street 327 West Wilson Street 145 West Wilson Street 2253 Cornell Drive 2252 Cornell Drive 366 Avocado Street Hamilton Street 447 Hamilton Street Thurin Avenue Harbor Boulevard 351 West Bay Street 449 Hamilton Street 2166 College Avenue 368 Avocado Street 1991 Newport Avenue 376 West Hamilton Street 382 Hamilton Street 381 East Hamilton Street 367 Hamilton Street 398 Hamilton Street 414 Hamilton Street 418 Hamilton Street 443 Hamilton Street 419 and 423 Hamilton Street 132- Wallace R. Pinkley 427 Hamilton Street 163 Clifford Long 2085 Thurin Avenue 167 Esther -E. Pearce 2079 Thurin Avenue 227 T. P. Iga 2078 Thurin Avenue A petition signed by the owners of Assessment Nos. 5081 509, 510, 511, 512, 513, 514, 517, 528, 529, 531, 532, 533, 534, 535, 537, 538, 539, 540, 476, 477, 478, 479, 483, 484, 485, . x+86, 487, 488,. x+89, 491, 492, 494, 495, 498, 501, 502, 5035 504, 505, 5o62 507, 541, 542, 543, 544, 545, 546, 547, 548, 551, 552, 5542 555, 556, 557, 558, 559, 561, 566, 567, 568, as shown on the petition. The Mayor then asked if any person then present desired to orally protest or to speak in support of any written protest filed. The following persons orally protested or spoke in support of their written protests: Assess- ment No. Name Address 468 William -Regan 378 Avocado Street 226 Gerald F. Ramlow 2082-86 Thurin Avenue 139) William Rardin 2088 Harbor Boulevard 14o) 141) + 2_ P. M. Thompson 354 Avocado Street 584 A. Cavanaugh Tompkins 206 West Wilson Street 151 Mary Ellen Bailes 382 Hamilton Street 402 Paul E. Grieser 310 Victoria Street 486 H. E. Langston 2253 Cornell Drive 471 H. T. Deardoff .366 Avocado Street 469 Mrs, E. W. Gillespie 370 Avocado Street 469 E. W. Gillespie 370 Avocado Street 216 W. S. Correll 347 West Hamilton Street 157 Luke C. -Davis 381 East Hamilton Street 1 1 1 Oral protests All persons having been given an opportunity to protest Continued and to speak in support of.such protest, and no person desiring further to be heard, the motion was made by Councilman Wilson, .seconded by Councilman Tomchak, and unanimously carried that all protests received be referred to the City Engineer for report and computation as to the percentage of the area represented thereby. Petition for The Mayor then inquired of the audience if anyone wished Victoria Street to speak. Mr. Frank J. Hoff, 377 Victoria 'Street, Costa to be wider Mesa, came forward and presented a petition with 34 signatures. Mr. Hoff said it was the desire of these owners of the property along Victoria Street to have Victoria Street from Harbor to Newport to be an 80 -foot right of way with a 64 -foot roadway, and these 34 owners have agreed to dedicate the necessary land to make the request possible. The Clerk read a letter from Orange Coast Associates, Incorporated, 1895 Newport Avenue, Costa Mesa, regarding the widening of Victoria Street; also one from Leonore F. Wilson and R. Olivia Lewis, 361 Victoria Street, Costa Mesa. The Mayor referred the petition to the City Engineer for study and report at the April 1, 1963, meeting. Recess The Mayor then declared a fifteen -minute recess, and the meeting reconvened at 9:30 p.m. The Mayor called the meeting to order at the conclusion of the recess. The City Engineer reported that the pro- tests, both oral -and written, represented less than fifty (50%) per cent of the total area of the assessment district. Protests After a full, fair and impartial hearing and an opportunity overruled having been given to all persons desiring to be heard, it was moved by Councilman Wilson, seconded by Councilman Smith, 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 acquisition and improvement. The motion carried by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson' Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None 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 proposed acquisition and the proposed work and the necessity for the same, and deter- mined that the public interest, convenience and necessity require the acquisition and 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 acquisition and improvement,. Councilman Wilson presented Resolution 63-37 and moved its adoption: Resolution 63=37 A RESOLUTION 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 ACQUISITION, WORK OR IMPROVE- MENT OF FAIRVIEW ROAD AND CERTAIN OTHER STREETS, ALLEYS AND EASEMENTS, SUBSTANTIALLY AS SET FORTH IN REPORT ON PROJECT FILED UNDER THE "SPECIAL ASSESSMENT, INVESTIGATION, 47) Resolution 63-37' LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND DETER - Continued MINING 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 acquisition, work or improvement in the City of Costa Mesa, California, and WHEREAS; this City Council directed Laurence J. Thompson to procure the required information and prepare and present to this City Council the written report on said acquisition, work and improvement required by the above Act, and WHEREAS, said report has been presented to this City Council 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, notice of said hearing was mailed as required by said Act, 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 having given all persons present an opportunity to be heard in respect to any matter relating to said report, said acquisition, said work or improvement, or any of the proceedings therefor, and WHEREAS, all persons desiring to appear and to be heard were heard at said hearing, 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 the 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 property to be assessed for said proposed acquisition, work or improvement and there is no majority protest as provided in Section 2931 of said Streets and Highways Code, against only a portion of said proposed acquisition, work or improvement. SECTION 3. That all protests and objections be and the same are -hereby overruled and denied. SECTION 4. That the public interest, convenience and necessity require the acquisition, work or improvement substantially as set forth in said report; that the project for said acquisition, work or improvement is feasible; that the lands to be assessed for said acquisi- tion and work will be able to carry the burden of the proposed assessment for said acquisition and 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 individual specific assessments. SECTION 5. That by this Resolution it is the intention of this City Council to disregard the limitations set forth in Division 4 by making all findings and deter- minations by the affirmative four-fifths vote of all members thereof, as to necessity, feasibility and that the 1 1 'g � Resolution 63-37 lands to be assessed will be able to carry the burden of Continued such proposed assessment. PASSED AND ADOPTED this 11th day of March, 1963. Mayor of the City of Cafsta Mesa ATTEST: City Clerk of the City of Costa Mesa Said motion to adopt said Resolution 63-37 was duly seconded by Councilman Smith, and unanimously adopted by the following roll call vote: AYES: Councilmen: Meyers, Smith, Wilson, Tomchak, Pinkley NOES: Councilmen: None ABSENT: Councilmen: None Hearing closed Upon motion by Councilman Wilson, seconded by Councilman Meyers, and unanimously carried, the hearing was closed. Upon motion by Councilman Wilson, seconded by Councilman Smith, and carried, the City Engineer and the City Attorney were instructed to report to the Council at the April 1, 1963, meeting their recommendations on the pro- posed changes from and decreases in and additions to the things proposed to be done as directed by the Council. Conditional Use Conditional Use Permit C-148 for Jerry Harris, 1+91 West Permit C-148 Baker Street, Costa Mesa, for permission to construct and Harris operate a Family Recreation Center including billiards, archery, gymnasium, and other related activities in a C1: zone at 1+77 West Baker Street, Costa Mesa, was presented, having been held over from the meeting of March 4, 1963, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1. Improvement of the southerly one half of Baker Street with base, paving, curbs, gutters, commercial sidewalks and concrete driveway approaches along the frontage of the property by the applicant and/or owner, at his expense, under the direction of the City Engineer; 2. That street lighting, if needed, be installed by the applicant and/or owner, at his expense, under the direction of the Street Lighting Superintendent; 3. landscaping of the portion of this property fronting on Baker and Dale Way and the parking area by the applicant and/or owner, at his expense, under the direction of the Director of Planning. Motion for approval subject to the recommendation of the Planning Commission was made by Councilman Tomchak, seconded by Councilman Wilson, and carried. R. W. McClellan Upon the recommendation of the Engineering Department, an Extension of time extension of nine working days of time was granted on the to contract contract of R. W. McClellan and Sons, which would move the completion date from April 4 to April 17, 1963, upon motion by Councilman Wilson, and seconded by Councilman Meyers, and carried. (Recreational Facilities at the 50 -Acre Air Base Park) Council opposes The Clerk read a letter from Chief of Police McKenzie Assembly Bill 927, requesting that the Council go on record as opposing the Polygraph passage of Assembly Bill 927, polygraph tests, or lie detector tests. Upon motion by Councilman Smith, seconded by Councilman Wilson, and carried, the Council opposed the passage of Assembly Bill 927. (Councilman Tomchak voting No) Colleen Place The City Attorney reported that the Planning Commission, Annexation at its meeting earlier in the evening, had considered the proposed Colleen Place Annexation to the City of Costa Mesa and recommended that the annexation be approved. It was moved by Councilman Wilson, seconded by Councilman Meyers, and carried, that the City Council hereby gives its consent to the proponents to commence proceedings for the proposed annexation known as the "Colleen Place Annexation." City Manager The City Manager reminded the Council that the California Highway Commission is to hold a hearing on March 14, 1963, and that he, the City Attorney, and Councilman Wilson will be attending to represent the City concerning the coastal freeway. Adjournment Upon motion by Councilman Tomchak, seconded by Councilman Wilson, and carried, the meeting was adjourned at 10:20 p.m. , 5;; � Y: � 'e" �� Mayor 6f fhe City of Co to Mesa ATTEST: City Clerk of the City of Costa Mesa