HomeMy WebLinkAbout03-18-1957 - Special MeetingMarch 18, 1957
The City Council of the City of Newport Beach met in the Council
Special Meeting re
Chambers of the City Hall at the hour of 9:00 A.M., at the call of
annexation 2ro-
Mayor Hill, for the purpose of determining whether or not an appeal
CeeglngLs.
should be taken from the judgment in Case No. 70025, City of Newport
Beach vs. City of Costa Mesa, in the Superior Court, State of
'
California, in and for the County of Orange, and in Case No. 69127,
City of Costa Mesa vs. City of Newport Beach, in the Superior Court,
State of California, in and for the County of Orange, and further
to determine, if no appeal is to be taken, the consideration of the
abandonment of the annexation proceedings.
The roll was called, the following members being present:
Roll call.
Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill.
The Clerk read the Notice of Special Meeting. Consent and Waiver
Notice of St ial
of Notice having been signed by all Councilmen and on file in the
Y!eet�rcaa.
City Clerk's office, Mayor Hill called the meeting to order.
The City Attorney gave a resume of the legal proceedings which
Restune of legal
had been taken by the City of Costa Mesa in its proposed annexation of
roceed n s maven
"Mesa 462 Annexation," and the legal proceedings which the City of
y C t�yr ttorneyr.
Newport Beach had taken in its proposed annexation of "17th Street
Annex." It was his opinion that the City of Newport Beach had taken
proper and legal action in each of its steps in the "17th Street
Annex ".annexation, but the Court had determined our action to be a
little late. The City Attorney stated that our chances of prevailing
on appeal were "less than 50 -50."
Mr. Donald Griswold, a property owner at interest in the subject
Statements of Per.
Newport Beach annexation, joined the meeting during this discussion.
Gr svyo
He spoke from the floor stating that he believed it was unfair for
the City of Costa Mesa to use tactics, including misstatement of
'
facts, in urging people in the area prior to the election to vote for
annexation to the City of Costa Mesa. He stated he was still desirous
that his property be annexed to the City of Newport Beach, and that
the City of Newport Beach use all legal recourse to accomplish this.
Councilman MacKay left the meeting at this time.
Mr..Ben Reddick spoke from the audience stating that the Council
Statements of MT.
has an obligation to those who sought annexation to the City of
ksdodrsclk.
Newport Beach and to explore every legal manner through which the
interests of those persons may be protected.
The City Manager of Costa Mesa, Mr. Robert Unger, joined the
Statements of Fir.
meeting and spoke from the audience. He stated.that it would be to
nEer.
the advantage of Costa Mesa to have "Mesa 462" in their City at the
time the bond election for the proposed reservoir would be called,
since the area would represent approximately 5% of their assessed
valuation and that the sharing of,that area in the bonded indebted-
ness would be.desirable. He further stated that it would be
"neighborly" of the City of Newport Beach to make a decision not
to appeal the annexation cases.
A further discussion was had, and the Council decided it was
Cit Attottorneyr in-
morally and actually obligated to proceed to exhaust all its legal
stmucsed to appeal
remedies to complete annexation to the City of Newport Beach of the
annexation cases.
proposed "17th Street Annex." On motion of Councilman Wilder,
seconded by Councilman Stoddard and carried, the City Attorney was
'
instructed to the the necessary steps to appeal the annexation cases,
by the following roll call vote, to wit:
AYES, COUNCILMEN: Hart, Wilder, Stoddard,
Higbie, Ridderhof, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: MacKay
On motion of Councilman Stoddard, seconded by Councilman Wilder
Ad�oa�rnment.
and carried, said meeting was adjourned.
ATTEST:
City ulkerk
layor