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HomeMy WebLinkAboutDistrict 01 Minutes 1949-01-12MINUTES OF MEETING OF BOARD OF DIRECTORS COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA January 12,19I~9,at 8:00 P.M. Board of Supervisors Room Present:Virgil H.Reed (Chairman),R.Carson Smith and C.M.Featherly. Absent:None. The joint meeting was called to order by Chairman Willard Smith at 8:10 P.M. Supervisor C.M.Featherly was seated to fill the vacancy left by Director Fred C.Rowland. The Minutes of the meetings of December 22,l9).~8,and January 3,l9L~9,were approved. *** On motion of Director Smith,duly seconded and carried, Director Virgil H.Reed was elected Chairman of the Board. County Counsel Joel E.Ogle presented a written opinion (attached)regarding compensation for board members and further stated that compensation could not be made retroactive beyond the date that the Board took action (October 27,l9).~8). General Manager Willis H.Warner stated that the official seal for District No.1 will be procured and submitted to the Board for approval. *** 50 On motion of Director Smith,duly seconded and carried,the following Resolution was adopted: BE IT RESOLVED that the report of the Engineer,filed with this Board on December 22,having been duly examined by this Board, is found to comply with the provisions of Section 1~.7~8 of the County Sanitation District Act;that it is satisfactory to this Board,and that this Board does hereby fix the 21~th day of January, 19~9,at 9:00 o’clock a.m.,as the time,and the office of the County Sanitation Districts,Room 2O~,Orange County Court House, Santa Ana,California,as the place for hearing objections to said report and to the doing of the work therein referred to or to any part thereof. The Secretary of this Board shall cause notice of said hearing to be published ~consecutive times in the Santa Ana Register,a newspaper of general circulation in said District. AYES:DIRECTORS R.CARSON SMITH,C.M.FEATHERLY,AND VIRGIL H. REED. NOES:DIRECTORS NONE ABSENT:DIRECTORS NONE STATE OF CALIFORNIA COUNTY OF ORANGE I,CHARLES A.SWEET,Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California, hereby certify that’the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 12th day of January,l9L~9,and passed by a unanimous vote of said Board. IN WITNESS WHEREOF,I have hereunto set my hand this 12th day of January,l9L~9. d~i~ Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California. *** On motion of Director Featherly,duly seconded and carried,the following Resolution was adopted: BE IT RESOLVED by this Board of Directors that pursuant and subject to all of the terms,conditions and provisions of the Public Health Act of the State of California,approved March 23,1907,and 51 all amendments thereto,application be made to saId State Board of Public Health for a permit to construct a new primary sewage treat ment plant and appurtenant structures;a new ocean outfall and appurtenant structures;new trunk sewers and appurtenant structures, said sewerage system,treatment and disposal works to be located as per accompanying Engineer’s Reports dated December 22,l9Lj.~8;and to continue to operate the existing Orange County Joint Outfall Sewer Section I primary sewage treatment plant,outfall sewer,and ocean outfall as necessary;and to serve County Sanitation Districts Nos, 1,2,3,5,6,7 and 11 all as described and shown in the accompany ing Engineer’s Reports. AYES:DIRECTORS C.M.FEATHERLY,H.CARSON SMITH,VIRGIL H0 REED. NOES:DIRECTORS NONE ABSENT:DIRECTORS NONE STATE OF CALIFORNIA 58 COUNTY OF ORANGE I,CHARLES A.SWEET,Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California,here by certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 12th day of January,l9i~..9,and passed by a unanimous vote of said Board. IN WITNESS WHEREOF,I have hereunto set my hand this 12th day of January,191+9. Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California The Board of Directors for District No.8 advised that they were withholding action on approval of the Joint Administrative Agreement pending completion and review of the Engineer’s Report for District No.8. A motion was made,duly seconded and carried,to adjourn the meeting to Thursday,January 20,191+9,at 8:00 P.M.in the Board of Supervisors Room. 52 The Chairman declared the meeting adjourned at 9:1~PJ~, Chai man,Board of Directors County Sanitation District No.1 Orange County,California ATTEST: CHARLES A.SWEET Temporary Secretary,Board of Directors County Sanitation District No.1 Orange County,California January L~,l9I~9 P Board of Directors of County Sanitation Districts Orange County Courthouse Santa Ana,California Gentlenien You requested an opinion from this office as to whether or not a member of a city council who is also a director on a county san itation district board could legally accept compensation for his services as a member of a county sanitation board~ Secticn L~733 of the Health and Safety Code,which section pro vIdes in ~ubscance that the district board shall have power to fix the amount of compensation per meeting to be paid to each member of the board,provides in part as follows: ~compensation herein mentioned shall be in addition to any other feesor compensation allowed by law for the other offi cial positions mentioned in Section L~730 that are oècupied by members of said district board,” In the case of Woollomes v,Woody 79 Cal.App.(2d)696,the District Court of Appeals upheTd.the legality of the payment to a member of the board of supervisors compensation for his services as a director of a county sanitation district.In that case the court states on page 701: ~it is,a general p~inci~le of law that Where new duties are dele~ted by statute to a public officer which are without the scope or range of his office,and additional compensation is provided therefor,the statuto±~increase is not affected by a constitutional provision,prohibiting any increase in the corn pen~ation of a public o±~ficer after his election or appoint ment~ It Is,therefore,our opinion that a member of the city coun cil may be paid by county sanitation districts compensation for his services as a director of such district. Respectfully submitted, JOEL E.OGLE,COUNTY COUNSEL /s!By George F,Holden GFH:lc George F.Holden,Deputy CONCURRED IN BY: /Joel E,Ogle Joel E.Ogle,County Counsel s Stephen K.Tamura S ephen K.Tamura,Deputy ***~ I 1 ?~A 1~1UthD ~ 2 4J~Th;1;’CflWJfl,~ 3 J~nwu’y U,1~1$ 4 ~ii c~otion ot ~upenS~r Uorjun,d~3y øocoode~1 tflLt CaVVIS,the t’siag~s4utign 5 6 wa sdo?t$d: 7 anaAs,beetotore fred C.Uow1aa~4 w~a by t~tSs ~*a deaiguctted as~a no~har a Caty U~dtat~~on £Lutflat No.I ant that ~.~C.t~.1t~t~er1v ha sacesot*i ta the ot4c.at t~upeni~ior a the £~&c~et 4*’ trJct. ~a,tnucz ~at I~£4V~~Mu t~~~*D th4 0,U,Foatbe4y be tS he 2.e haroW 12 dni~uat.ad to Gefl*on the board of Jirootors of Count~r âerdtation Qaflriut ~.1. 13 at2s ~Z&ttl C~it.4ui;iiX~i1~~s.~u.~..z&tzoatx,~u 14 ~‘~ 15 C~}~s ~tflJ4WLgi~~~JtR 16 As3rns 5~.~’J~3 W1LA~4 ~~1tR. 17 c. F ~MLt~frJ~IA U 18 C~/t~fl!0?C 19 ~,a.a.&~sn,cauntj usesc ant e~’otiSo1o ci.a a vgoart~of ~u~gn at 20 CW1&Q Uotu2ty,C4ftonga,~w~bj certity that the abw~az4 ~n:~n~~‘4soktioA was du~r 2].a ~agu~srty wb~itsd b~t tha said L~oard at a n4uLw watinj thenot Mid on the Uth daj 22 of Jatttaz~,isleP,a paamd ~a ~tanizac .~e voto ~2 ~d4 tioacd ~~1~4fl 23 Th #B~J~5Q7,Z bate is’euuto s~t q band *4 ao4 Uds 11th tUv *t January, 24 27 28