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HomeMy WebLinkAboutMinutes 1976-12-16COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING December 16,1976 -8:00 p.m Pursuant to adjournment of the regular meeting held December 8,1976,the Board of Directors of County Sanitation District No~7 of Orange County, California,met in an adjourned regular meeting at the above hour and date,in Fire Station No.23,5020 Santiago Boulevard,Villa Park. The Chairman called the meeting to order at 8:00 p.m.The roll was called, and the Secretary reported a quorum present. DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF MEMBERS PRESENT:• OThERS PRESENT: Public Hearing on Proposed Concurrent Annexation and — Bond Authorization re Orange Park Acres Annexation No.51 No.51 -open at 8:10 p.m. Donald Saltarelli (Chairman),Pete Barrett, John Burton,Ralph Clark,John Garthe,Don Smith Francis Glockner Fred A.Harper,General Managers J.Wayne Sylvester,Secretary,and Ray Lewis Thomas L.Woodruff,General Counsel,Conrad Hohener,Peggy McElligott,Bond Counsel, Kenneth B.Coil,Donald Statsman,Ferol M. Lewis,Robert P.Lewis,Merton L.Westcott, Jean E.Ablott,.E.R.Ablott,Minnie Baldwin, Charles Frederick,Kenneth Karlstad,Alfred Hartman,Richard Hannon,James Danner,Irma Coburn,Joanne Swanson,William Hanmek, Dick Johnson,Wayne C.Marish,Joll L.Kelly, Marilyn Drake,Merle Rawson,Billy Brammar, Edward Miller,Jim Alvin,Roger Densmore,Sr., Melvin Janson,JoAiin Heitz,Alfred Dierker, Norma Dierker,H.W.Fitz,C.G.Rawson, L.Idoine,James Drake,Paul Snyder,Homer Wagoner,Jay Benek,Michael Herckt,C.D. Williamson,Thomas J.Skane,Jr.,M.B.Watts, William B.Peaker,Milton Garrett,W.J.Baker, George Rach and Roberta Rach *********** After introduction of District Directors, staff and legal counsels,the Chairman declared the hearing on the proposed Concurrent Annexation and Bond Authori zation -Orange Park Acres Annexation The Chair then recognized the Districts General Counsel who summarized the resolution making determination re said proposal. Following a review of the proceedings to date by Chairman Saltarelli,Mr. Conrad Hohener of Boyle Engineering Corporation,Districts’Consulting Engineer,reviewed the engineering requirements to provide sanitary sewers for the Orange Park Acres area. ..,-______I.12/16/76 .. The Chair then recognized the Districts’Special Bond Counsel who reviewed the proposal,and the findings of the Orange County Health DepartmentdatedFebruary12,1972,and December 15,1976 concerning sewerage problemsintheOrangeParkAcresarea. The Districts’Secretary then summarized the actions taken to date by the Board relative to the proposed concurrent annexation and bond authorization. The Chairman then called for oral comments following which a lengthy dis cussion and question and answer period took place,including an explanation of what would constitute a majority protest for purposes of determining whether or not the proceedings would be terminated or an election called. Thomas J.Skane,Jr.,Attorney at Law,also addressed the Board and stated that he had been engaged by several property owners in the proposed improve ment district and was in the process of circulating petitions in protest of the proposal.He requested that Directors continue the hearing to allow sufficient time for the petitions to be returned.Upon questioning,Mr.Skane stated that he was not at liberty to disclose the identity of the protestants. Upon advice of the General Counsel the chairman then called for any and all written protests to be filed with the Secretary.The Secretary then read the following written communications: In support of proposal:Letter dated December 16,1976,from C.D. Williamson,10444 Randall,Orange. Letter dated December 16,1976,from Lorene A.-Quarton,11113 Meads Ave.,Orange. Letter dated December 16,1976,from William W.Quarton,11113 Meads ave.,Orange. In protest of proposal:Thomas J.Skane,Jr.,Attorney at Law, dated December 16,1976,on behalf of undisclosed group of property owner- residents in the area. Petition dated December 13,1976,signed. by M.B.Watts,20322 Randall Street,and Robert P.and June E.Shelly,10391~jSo. Randall,Orange. Letter dated December 16,1976,from William E.Peaker,10462 Marada Dr.,Orange. Letter dated December 8,1976,from Milton Garrett,20212 Ainapola,.Orange. The Secretary also read a letter dated December 10,1976,signed by Fred A. Harper,General Manager of the District,in response to the communication from Milton Garrett... The Chairman then called for all those wishing to orally protest to come forward and register their name and address,following which he declared the hearing closed at 10:15 p.m.. The General Counsel then reported that all written and oraiprotests had been tabulated,including 89 written petitions circulated by Mr.Skane and signed by 100 property owners and/or registered voters,32 oral protests by registered voters,and 25 oral protests by property owners.He stated that although there appeared to be duplications,none had been eliminated for purposes of calculating the number of protestants. Mr.Woodruff then declared that,based upon the unofficial results of the tabulation,in his opinion both the number of protests of registered voters, •and the assessed value of the land of protesting property owners was,in fact, significantly less than 50%in each instance. Note,final tabulation is as follows: Registered Voters A.V.of Land Required for Total Majority Protest 570 $3,382,500 286 $1,691,251 Value/Number of Protestants 115 $630,700 %of Protestants 20.2% 18.6% It was then moved thatthe hearing be continued for one week~Said motion died for lack of a second. It was then moved,seconded and unanimously carried by roll call vote; Ordering Concurrent Annexation and Improvement District Bond Authorization re Orange Park Acres Annexation No.51, subject to confirmation ot voters,and calling election therefor It was then moved,seconded and unanimously carried by roll call vote: _______________________________ That the Board of Directors adopt Resolution ________________________ No.76-215-7,making determinations,ordering ____________________________ annexation of territory subject to confirma tion of voters,establishing terms and conditions of annexation,describing exterior boundaries of territory annexed,and calling special improvement district bond election.Certified copy of this reso~lution is attached hereto and made a part of these minutes. That this adjourned regular meeting of the Board of Directors of County Sanitation District No.7 be adjourned.The Chairman then declared the meet ing so adjourned at 10:25 p.m.,December 16,1976. Chairman of the Board of Directors County Sanitation District No.7 ATTEST:of Orange County,California Finding that a majority protest re proposed Concurrent Annexation and Bond Authorization Proceedings -Orange Park Acres Annexation No.Si -does not exist _______________________ That the Board of Directors hereby finds ________________________ that thç protests filed against the ___________________ Proposed Concurrent Annexation and Bond ________________________ Authorization Proceedings -Orange Park Acres Annexation No.51,arenot sufficient to constitute a majority protest of either registered voters or the assessed value of land within the proposed annexation,pursuant to Government Code Section 56316. Adjournment Moved,seconded,and duly carried; Secretary of theB~ai~d of Directors County Sanitation District No.7 of Orange County,California -3-