HomeMy WebLinkAboutDistrict 08 Minutes 1948-06MI1~UTE8 OF JOINT MEETING OF
BOARD OF DIRECTORS
ORM’IGE COUNTY SANITATION DISTRICTS
June 2~4-,i9tI.~,at 7:30 P.M.
Board of Supervisors Room
MEMBERS PRESENT
SANITATION DISTRICT NO.1
Supervisor Fred C.Rowland,let Supervisorial District
Mayor R.Carson Smith,Santa Ana
Councilman Virgil Reed,Santa Ana
SANITATION DISTRICT NO.2
Superv~.eor James A.Baker,3rd Supervisorial District
Mayor Charles A.Pearson,Anaheim
Mayor Charles 0.McCart,Brea
Mayor Irvin C.Chapman,Fullerton
Mayor George N.Weimer,Orange
Mayor Anton W.Wilson,Placentia
SANITATION DISTRICT NO.3
Supervisor Willis H.Warner,2nd Supervisorial D~.strict
Mayor Irvin 0.Chapman,Fullerton -
Mayor Charles Newson,La Habra
SANITATION DISTRICT NO.5
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Supervisor Irvin George Gordon,5th Supervisorial District
Mayor Dick Drake,Newport Beach
Councilman 0.Z.Robertson,Newport Beach
SANITATION DISTRICT NO.6
Supervisor Willis H.Warner,2nd Supervisorial District
Supervisor Irvin G.Gordon,5th Supervisorial District
Mayor Dick Drake,Newport Beach
SANITATION DISTRICT NO.7
Supervisor Willard Smith,24.th Supervisorial District
Supervisor Irvin G.Gordon,~th Supervisorial District
SANITATION DISTRICT NO.~
Supervisor Irvin George Gordon,5th Supervisorial District
Mayor Emerson B.Milnor,Laguna Beach
page 1.
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SANITATION DI8TRICT NO.11
Supervisor Willis H.Warner,2nd Supervisorial District
Mayor Jack Greer,Huntington Beach
Councilman Vernon E.Langenbeck,Huntington Beach
EMBERS ABSENT
SANITATION DISTRICT NO.7
Mayor Arthur M.Charleton,Tuetin
SANITATION DISTRICT NO.~
Councilman (to be named),Laguna Beach
OT}~RS PRESENT
Joel E.Ogle,County Counsel
R.W.Monroe,Councilman,Brea
Charles TeWinkle,President,Costa Mesa Sanitary District
Charles E.Stevens,President,Garden Grove Sanitary District
W.B.Wentz,Director,Garden Grove Sanitary District
Harry Hall,Councilman,Laguna Beach
William Fraser,Director,Midway City Sanitary District
J.B.Webb,City Engineer,Newport Beach
Don B.Haiber,Director,Placentia Sanitary District
Ewald M.Lemcke,Sewerage Survey Staff
Richard Pomeroy,Sewerage Survey Staff
Vinton W.Bacon,Sewerage Survey Staff
Charles A.Sweet,Sewerage Survey Staff
Helen R.Collins,Sewerage Survey Staff
TOTAL ATTENDANCE:32
The meeting was called to order by Willard Smith at 7:55 P.M.
Supervisor Smith explained that this meeting was called for the
purpose of organizing the Board of Directors of each Sanitation
District,and that he had invited representatives from the various
sanitary districts within these Sanitation Districts to attend the
meeting.It was further explained that it is anticipated that the
sanitary districts will eventually have representatives on the
Sanitation District Boards when the existing law is amended.
Supervisor Smith then read the names of the members of the eight
Sanitation District Boards of Directors.County Counsel Joel Ogle
page 2.
3
was called,upon to present his opinion on the legal aspects in
regard to organizing the Boards of Directors.
Mr.Ogle stated that it is necessary that the city councils
make some record of their action in the appointment of the council
man selected as a representative on the Sanitation District Board
of Directors.The action should also be recorded and incorporated
in the minutes of the particular Sanitation District Board.mach
Board should select as soon as possible a chairman and a secretary.
Following the organization meeting of each Board,all official
actions of that Board should.be recorded in some official book to
be kept by each District.
Mr.Warner moved,with Mr.Gordon seconding:
That Willard Smith be elected.temporary chairman to preside
at the joint meeting of the Sanitation District Boards.Motion
carried unanimously.
Chairman Smith stated that Charles Sweet of the Sewerage
Survey Staff had been asked to serve as temporary secretary during
the meeting tonight and.that Mrs.Collins,also of the Sewerage
Survey Staff,had been asked to take shorthand notes of the meeting.
(At this point,each Sanitation District Board held a dis
cussion for the purpose of nominating officers.)
The following action was taken by each Board of Directors:
DISTRICT NO.1:
Moved by Mr.Smith,seconded by Mr.Rowland,that Mr.Rowland
be elected Chairman of County Sanitation District No.1 Board
of Directors.
Motion adopted.
page 3.
Following a short discussion regarding the appointment of a
secretary,Mr.Smith moved,seconded by Mr.Rowland,that
Mi.Sweet be appointed temporary secretary of District No.1
Board of Directors.
Motion adopted.
DISTRICT NO.2:
Moved by Mr.Baker,seconded by Mr.Chapman,that Mr.Weimer
be elected chairman of County Sanitation District No.2
Board of Directors.
Motion adopted.
Moved by Mr.Pearson,seconded by Mr.Chapman,that the next
meeting of District No.2 Board of Directors be called by
the chairman.
Motion adopted.
Mr.Ogle questioned as to whether the motion was in order
since it did not state a time or place certain and would,therefore,
constitute a special meeting for which waivers would have to be
8ecured.
Mr.Pearson moved,seconded by Mr.Chapman,that the previous
motion be erased from the minutes.
Motion adopted.
Moved by Mr.Pearson,seconded by Mr.Baker,that Mr.Sweet
be appointed temporary secretary of District No.2 Board of
Directors.
Motion adopted.
DISTRICT NO.3:
Moved by Mr.Chapman,seconded by Mr.Newson,that Mr.Warner
page ~.
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be elected chairman of County Sanitation District No,3 Board
of Directors.
Motion adopted.
Moved by Mr.Newson,eeoonded by Mr.Chapman,that Mr.Sweet
be appointed temporary secretary of District No.3 Board of
Directors.
Motion adopted.
DISTRICT NO.5:
Moved by Mr.Gordon,seconded by Mr.Robertson,that Mr.Drake
be elected chairman of County Sanitation District No.5 Board
of Directors.
Motion adopted.
Moved by Mr.Robertson,seconded by Mr.Gordon,that Mr.
Sweet be appointed temporary secretary of District No.5
Board of Directors.
Motion adopted.
DISTRICT NO.6:
Moved by Mr.Drake,seconded by Mr.Warner,that Mr.Gordon
be elected chairman of County Sanitation District No.6
Board of Directors.
Motion adopted~
I~ioved by Mr.Drake,seconded by Mr.Warner,that Mr.Sweet
be appointed temporary secretary of District No.6 Board
of Directors.
Motion adopted.
DISTRICT NO.7:
Moved by Mr.Smith,seconded by Mr.Gordon,that Mr.Gordon
be elected temporary chairman of County Sanitation District
No.7 Board of Directors.
Motion adopted.
page 5.
G
Moved by Mr.Gordon,seconded by Mr.$mith,that Mr.Sweet
be appointed temporary secretary of District No.7 Board
of Directors.
Motion adopted.
DISTRICT NO.~:
Moved by Mr.Gordon,seconded by Mr.Milnor,that Mr.Milnor
be elected chairman of County Sanitation District No.~
Board of Directors.
Motion adopted.
Mov’ed.by Mr.Milnor,seconded by Mr.Gordon,that Mr.Sweet
be appointed temporary secretary of District No.~Board
of Directors.
Motion adopted.
DISTRICT NO.II:
Moved by Mr.Langenbeck,seconded by Mr.Warner,that Mr.
Greer be elected chairman of County Sanitation District No.
11 Board of Directors.
Motion adopted.
Moved by Mr.Warner,seconded by Mr.Langenbeck,that Mr.
$weet be appointed temporary secretary of District No.1].
Board of ~irectors.
Motion adopted.
Following the above actions by the individual districts,Mr.
Warner suggested that the temporary chairman of the evening,Willard
Smith,be authorized to name a steering committee to work out an
outline of procedure prior to the next joint meeting of the Boards
page 6.
7
of Directors.After a brief discussion on this matter,Chairman
Smith suggested the following names to serve on a steering
committee:H.Carson Smith,C.A.Pearson,I.C.Chapman,Dick
Drake,Arthur Charleton,Emerson Milnor,Jack Greer,Neleon Launer,
Willis Warner,and Irvin George Gordon.Mr.Weimer suggested that
Willard Smith should also serve on this committee.
Mr,Weimer moved,with Mr.McCart seconding:
That the above named group be appointed to serve as an
11—man steering committee.
Motion adopted.
Chairman Smith called for a show of hands to determine
whether the majority of those present favored a daytime or an
evening meeting of this body.The majority indicated a preference
for evening meetings.
Mr.Weirner moved,with Mr.Gordon seconding:
That the next meeting be held July l~,l9~,at ~:OO P.M.
Mr.Ogle commented that,for the purpose of the record,we
have held the first phase of an organization meeting.The records
should show that any motion to adjourn to the date set was,in
effect,a motion by each Sanitation District Board so that their
records would be complete as to the adjourned meeting.
Mr.Weimer withdrew his motion in view of Mr.Ogle’s
suggest Ion.
page 7.
8
Mr.Warner moved,with Mr.Robertson seconding:
That the meeting adjourn to Wednesday,July 114,~at
~:0O P.M.in the Board of Supervisors Room,and that this
be,in effect,a motion by each Sanitation District Board
•of~Directors to adjourn to the aforesaid time and place.
Motion adopted,and the Chairman declared the meeting
adjourned at 9:05 P.M.
Chairnia~i,..~a~1 of Directors
Orange County Sanitation District
ATTEST:
~
Charles A.Sweet,
Temporary Secretary,Board of Directors,
Orange County Sanitation District No.$
page ~
9
l~’y t’;c~~‘
~N A,’~’-~-;’~i,“9~~’7
JOINT ADMINISTRATIVE AGREEMENT
This agreement entered into this
—
day of
____________
19_,by and between,
COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.~OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.6 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.8 OF ORANGE COUNTY
COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY
W I T N E S S E T H
THAT WHEREAS,the.aforesaid County Sanitation Districts
have heretofore been organized and are now existing and exercising
their functions as public agencies pursuant to the provisions of the
~County Sanitation District Act of 1923,(Statutes of 1923,Chapter 2S0
and amendments thereto)and of Chapter 3,Part 3,Division V of the
Health and Safety Code of the State of California;and,
WHEREAS,it is the mutual desire of the Sanitation Districts,
parties hereto,to execute a Joint Administration Agreement as contem
plated in Sections L~814.O,L~8L~i,and L18L~2 of the Health and Safety Code
of the State of California,and,
WHEREAS;it is and will continue to be,to the mutual
interest and advantage of said Sanitation Districts and each of them
to have a single,joint and centralized administrative organization,
and each of said Districts has so found and declared by resolution
adopted by its Board of Directors.
NOW,THEREFORE,it is hereby agreed as follows:
(1)That all of said Districts,and such other Districts,
City,Sanitary District,other agency or combination thereof,as may
hereafter become parties to this agreement,acting jointly and for
their mutual advantage,shall have a single and centralized adminis
tr’ative organization (hereinafter referred to as the Joint Administrative
Organization)to provide for and perform the Administrative functions
of each and all of said Districts Including the construction,
supervision,operation,and maintenance of the sanitation works of each
~
and all of said Districts,said sanitation works are intended to mean
the trunk sewers,sewage treatment plants,and sewage pumping plants
‘~onstructed,purchased and acquired by said Districts arid those trunk
sewers and sewage pumping plants so designated by such City,Sanitary
District,other agency or combination thereof,as may hereafter become
~arties to this agreement;and for that purpose all of said Districts
shall have the same Chief Engineer or General Manager,and other
assistant or divisional engineers,accounting employees,counsel,and
~such other officers and employees as may be employed,with the consent
y.nd approval of the governing boards of each Sanitation District party
~ereto,for the mutual advantage of all Districts hereto,by County
sanitation District 1 of Orange County and who shall thereafter perform
~heir respective duties as joint officers or employees of all of such
anitation districts,parties to this agreement;
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iv
And it is hereby mutually agreed that the compensation of
all such officers and employees and all other expenses of said Joint
Administrative Organization and all costs incurred in connection with
operation and maintenance thereof shall be equitably divided,allocated,
and apportioned among the several Districts,parties hereto,and shall
be charged to and paid by them in the following manner,to-wits
(a)All items of expense which can be readily segregated
and allocated shall be charged directly to the District for the benefit
of which such expense was incurred)and to this end it is understood
that certain employees,such as designers,draftsmen,and other
similar employees,whose work can be readily segregated,shall never
theless be employed by County Sanitation District No.1 for the mutual
advantage of all Baid Districts,but that an accurate record shall be
kept of the time of such employees and a charge made direct to the
respective Districts for their proportionate share of the compensation
payable to such joint employees in accordance with said record,The
amounts thus charged to the respective Districts shall,after being
approved by their governIng boards,be paid by them into the funds of
County Sanitation District No.1 and disbursed by said District as
hereinafter provided.
(b)Such portion of the expense incurred in connection with
said Joint Administrative Organization as cannot be readily segregated
and allocated as hereinabove provided,shall be apportioned and charged
to the respective Districts in one of the following methods:
1.The amount apportioned to each District shall be in
the ratio that the bond issue or capital investment,
whichever is the greater,of such District bears to
the aggregate of such greater sums for all of the
Districts,parties hereto.For the purposes of this
agreement capital investment shall be determined in
the following manner:
To the total amount of bonds authorized by a
District shall be added such amount as may represent
the fair value of the sewerage works constructed or
acquired by such District from funds other than those
derived from issue and sale of bonds,plus the fair
value of such sewerage works not owned by the District
but used by it for District purposes.
2.In the case of any District,party hereto,which has
neither authorized the issuance of bonds nor acquired
sewerage works nor the right to use sewerage works not
the property of such District,the apportionment of
expense shall be in the ratio of the estimated cost of
work proposed by the Engineer’s Report,filed pursuant
to Section L~7L~8 of the Health and Safety Code,to the
aggregate of the greater sums,as provided in paragraph
b-i thereof,of all of the Districts,parties hereto.
3.In lieu of either of the foregoing methods,the parties
hereto,•by mutual agreement,may determine a specified
annual charge to be paid by a District during the
interval between the formation of the District and the
issuance of bonds for construction purposes;provided,
however,that upon the issuance of bonds by such
District or the acquisition of works from other funds
or sources,the portion of the total Joint Administra
tion expense to be borne by such District,shall be
determined by one or the other allocation methods above
specified,
(c)For the purpose of facilitating the payment of such
joint costs,expenses,salaries,wages or other compensation incurred
in connection with such Joint Administrative Organization,it is agreed
that the apportionment,as hereinabove provided,shall be paid monthly
by each District into the funds of County Sanitation District No.1 of
Orange County,which is hereby designated for this purpose,and such
designated District shall thereafter use the funds thus paid to it,
together with such portion of its own funds as are chargeable therefore
for the payment of all such costs,expenses,salaries,wages,or other
compensation incurred by,or to be paid in connection with,the
maintenance of such Joint Administrative Organization.
IT IS UNDERSTOOD AND AGREED,that in the construction,
operation and maintenance of the sewer lines and sanitation works of
said Districts under the supervision and direction of said Joint
..~dministrat1ve Organization,it will be necessary from time to time
to provide materials and equipment and to employ temporary laborers,
foremen and other employees for the individual use and benefit of a
single District,and It is therefore understood and agreed that,not
withstanding any other provisions herein,each of said Districts may
from time to time individually employ such temporary employees as may
be necessary in connection with the construction,operation and
~maintenance of the individual sewer lines and works of such Districts,
and that such Districts so employing temporary employees for the
individual use and benefit of the District affected shall pay directly
from the funds of said District the salaries or wages of such temporary
employees and the costs of any materials and equipment purchased or
used for the individual benefit of such District.
It is understood and agreed that all of the Districts,
parties hereto,shall participate in the Orange County Employees’
Retirement System and for this purpose County Sanitation District No.1
is authorized and directed on Its own behalf and on behalf of the other
Districts,parties hereto,and each party hereto agrees to take such
action as may be required to secure such participation in said Orange
County Employees’Retirement System.
County Sanitation District No.1 is hereby designated to
make all payments to said Orange County Employees’Retirement System in
the manner contemplated by law,and by such rules and regulations as
may now or hereafter be promulgated ~overning the administration of
said Retirement System.The monthly contribution by each District for
current service shall be in the same proportion to the total amount
paid by each District during such month for salaries and wages,either
directly or Indirectly,to employees who are members of the Retirement
System bears to the total amount paid for salaries and wages during
such month by all Districts,parties hereto,to employees who are
members of the Retirement System.
For the purpose of making all payments into the Orange
County Employees?Retirement System accruing from and after the
effective date of this contract,each of the Districts,parties hereto,
shall contribute to County Sanitation District No.1 as the representa
tive of all of the Districts,the amounts at the time and in the
manner contemplated by the provisions of law and the rules and regula
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tions of the Orange County,Employees!Retirement System..
The Chief Engineer or General Manager to be appointed and
employed for the mutual advantage of all Districts,parties hereto,by
County Sanitation District No.1 of Orange County,shall be in charge of
the said Joint Administrative Organization as well as of those employees
who,as provided herein,are individually employed as temporary employ
ees of any District,party hereto,for construction,operation,and main
tenance of individual sewer lines and works of such Districts and
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paid directly from the funds of the said District,and said Chief
Engineer or General Manager shall have sole control of the affairs of
the said Joint Administrative Organization and of the administrative
affairs of the individual Districts,subject to the terms of this
agreement and to the directions of the Board of Directors of the
respective Sanitation Districts,parties hereto.
The books,records and accounts relating to said Joint Ad
ministrative Organization shall at all reasonable times be open for
inspection to the Board of Directors of any of said Sanitation D1strict~
or to any person interested therein.
Should any dispute or controversy arise in connection with
said books,records or accounts,or in connection with the employntent
of any officers or employees of said Joint Administrative Organization
or in connection with any of the affairs or operation of said Joint
Administrative Organization,the Board of Directors of each of said
Sanitation Districts shall appoint or designate one member thereof to
represent said Board of Directors and said representatives of the
various Boards of Directors shall act as a Board of Arbitration in
connection with such dispute or controversy,and the findings by a
majority of said Board of Arbitration shall be binding and conclusive
upon the respective parties hereto.
It is further understood and agreed that whenever any other
Sanitation District within the County of Orange,now or hereafter
organized and created under the provisions of said County Sanitation
District Act of 1923,or any amendment or amendments thereof,or any
City,Sanitary District,other agency or combination thereof,shall
desire to become a party to this agreement and its Governing Board
shall,by resolution,find and declare that it will be to the interest
and advantage of such District,City,Sanitary District,other agency
or combination thereof,to do so and shall authorize the execution and
signing of this agreement,such District,City,Sanitary District,
other agency or combination thereof,may,by the mutual consent of the
parties hereto,as evidenced by resolutions adopted by their respective
Boards of DirQctors,be permitted to do so by executing and signing
this agreement,and thereupon each District,City,Sanitary District,
other agency or combination thereof,thus becoming a party hereto,
shall become subject to the benefits and obligations of this agreement
to the same extent and in like manner as the original parties thereto,
and shall bear and pay its proportionate share of the salaries of
officers,compensation of employees,participation in the Orange County
Employees Retirement System and other costs and expenses incurred in
connection with said Joint Administrative Organization,which propor
tionate share shall be determined,allocated,and apportioned,as
hereinabove provided,in the same manner as for other Districts,-
parties hereto.
This agreement shall continue in effect for ~years from
the date hereof and so long thereafter as It shall be to the interest
and advantage of the Districts,parties hereto,to maintain such Joint
Administrative Organization.If at any time after ~years from the
date of this agreement it should cease to be to the interest and
advantage of any District,party hereto,to continue as a party to
this agreement,and Its Board of Directors shall so find and declare
by resolution,it may withdraw herefrom and terminate its obligations
hereunder after sixty (60)days notice in writing to the other parties
hereto of its intention to do so,and by the full and complete
discharge of all its debts and obligations hereunder for which it
Ishall be or become liable up to the date of its withdrawal;provided,
~iowever,that should any District withdraw herefrom,this agreement
pall continue in effect thereafter as to the remaining parties there
,o in like manner as If said District so withdrawing had never been a
~ty to said agreement;provided further that any District so
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withdrawing from the Joint Administration Agreement shall not be
entitled to be reimbursed for any contributions previously made by it
directly or indirectly to the Orange County Employees’Retirement
System pursuant to the provisions of this agreements
IN WITNESS WHEREOF,the parties hereto,pursuant to resolu
tions adopted by their respective Board of Directors,have caused t;his
instrument to be executed and signed,and their corporate seals to be
hereunto affixed by their respective Chairman and Secretaries
this
___
day of _____________,19_____
ATTEST:COUNTY SANITATION DISTRICT
NO.1 OF ORANGE COUNTY
Secretary
ATTEST:
Secretary
ATTEST:
—
-~
Secretary
ATTEST:
secretary
ATTEST:
Secretary
ATTEST:
—
Secretary
ATTEST:
Secretary
By
Chairman
COUNTY SANITATION DISTRICT
NO.2 OF ORANGE COUNTY
B y~
Chairman
COUNTY SANITATION DISTRICT
NO.3 OF ORANGE COUNTY
By,
Chairman
COUNTY SANITATION DISTRICT
NO.~OF OIIANGE COUNTY
By
Ctiairman
COUNTY SANITATION DISTRICT
NO.6 OF ORANGE COUNTY
By
Chairman
COUNTY SANITATION DISTRICT
NO.7 OF ORANGE COUNTY
By
Chairman
COUNTY SANITATION DISTRICT
NO.8’OF ORANGE’COUNTY
Chairman
COUNTY SANITATION DISTRICT
NO,11 OF ORANGE COUNTY
By
ChairmanSecretary
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