Loading...
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 - 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. 2 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 ~. 5 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; —1 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 ____ 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 -3- 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 -Li. 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 -5-