HomeMy WebLinkAboutDistrict 02 Minutes 1949-01-1248
MINUTES OF ~ETING OF
BO&RD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.2
OF ORANGE COUNTY,CALIFORNIA
January 12,l9t~9,at 8:00 P.M.
Board of Supervisors Room
Present:George N.Weimer,Charles A.Pearson,Charles 0.McCart,
Irvin C.Chapman,Anton W.Wilson and Ralph J.McFadden.
Absent:None.
The joint meeting was called to order by Chairman Willard
Smith at 8:10 P.M.
Supervisor Ralph J.McFadden was seated to fill the vacancy
left by Director James A.Baker.
The Minutes of the meeting of December 22,l9I~8,were approved.
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 27,19L18).
General Manager Willis H.Warner stated that the official seal
for District No.2 will be procured and submitted to the Board for
approval.
***
On motion of Director Pearson,duly seconded and carried,the
following Resolutior~was adopted:
BE IT RESOLVED that the report of the Engineer,f lied with
this Board on December 22,having been duly examined by this Board,
is found to comply with the provIsions of Section L~7L~.8 of the
County Sanitation District Act;that it is satisfactory to this
Board,and that this Board does hereby fix the 2L~th day of January,
19)+9,at 1:00 oTclock p.m.,as the time,and the office of the
County Sanitation Districts,Room 205 Orange County Court House,
49
Santa Ana,C~L ifornia,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 5 consecutive times in the Anaheim Bulletin,a news
paper of general circulation in said District.
AYES:DIRECTORS CHARLES A.PEARSON,CHARLES 0.MCCART,
IRVIN C.CHAPMAN,ANTON W.WILSON,RALPH J.MCFADDEN,AND
GEORGE N.WEIMER.
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.2 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,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,191j9.
•
________
Secretary of the Board of Directors
of County Sanitation District No.2
of Orange County,~a1ifornia
***
On motion of Director Pearson,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED that County Sanitation District No.1 be and it
is hereby authorized and directed to make application on behalf of
itself and County Sanitation Districts Nos.2,3,5,6,7,and 11
to the State Allocation Board and Director of Finance of the State
of California for funds to be used for the financing of a project
covering joint outfall facilities for County Sanitation Districts
Nos.1,2,3,5,6,7,arid 11,said application to be made pursuant
to the provisions of Chapter 20,Statutes,.of l9t~6.
AYES:DIRECTORS CHARLES A.PEARSON,CHARLES 0.McCART,
IRVIN C.CHAPMAN,ANTON W.WILSON,RALPH J.McFADDEN AND
GEORGE N.WEIMER.
NOES:DIRECTORS NONE
50
ABSENT:DIRECTORS NONE
STATE OF CALIFORNIA
88
COUNTY OF ORANGE
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.2 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 held on the
12th day of January,191+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.
~L
Secretary of the Board of Directors
of County Sanitation District No.2
of Orange County,California
~.**
On motion of Director Pearson,duly seconded and carried,the
following Resolution was adopted:
BE IT RESOLVED by this Board of Directors that County Sanita
tion District No.1 be and it is hereby authorized to make applica
tion in behalf of said District and Sanitation Districts Nos.2,3,
5,6,7,and 11 for a permit to construct a new primary sewage
treatment plant and appurtenant structures;a new ocean outfall and
appurtenant structures;new trunk sewers and appurtenant structures,
said sewerage system,treat~ment and disposal works to be located as
per accompanying Engineer’s Report dated December 22,191+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 accom
panying Engineer’s Reports.
AYES:DIRECTORS CHARLES A.PEARSON,CHARLES 0.McCART,
IRVIN C.CHAPMAN,ANTON W.WILSON,RALPH J.McFADDEN,AND
GEORGE N.WEIMER.
NOES:DIRECTORS NONE
ABSENT:DIRECTORS NONE
STATE OF CALIFORNIA
as
COUNTY OF ORANGE
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,
51
hereby certify that the above and foregoing Resolution was duly and
regularly adopted by the said Board at a regular meeting 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,l9tj..9.
Secretary of the Board of Directors
of County Sanitation District No.2
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 20,19L~9,at 8:00 P.M.in the Board of
Supervisors Room.
The Chairman declared the meeting adjourned at 9:15 P.M.
Chairman,oard ofDirectors
County Sanitation District No.2
Orange County,California
ATTEST:
CHARLES A.SWEE’I’
Temporary Secretary,Board of Directors
County Sanitation District No.2
Orange County,California
52
January I~,l9t1~9
Board of Directors of
County Sanitation Districts
Orange County Courthouse
Santa Ana,California
Gentlemen:
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 substance 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:
“The compensation herein mentioned shall be in addition to any
other fees or compensgti6n allowed by law for the other offi
cial positions mentioned in Section L~73O that are occupied by
members of said district board.”
In the case of V~oollomes 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 principle of law that where new duties are
delegated by statute to a public officer which are without the
scope or range of his office,and additional compensation is
provided therefor,the statutory increase is not affected by a
constitl3tional provision prohibiting any increase in the com
pensation of a public officer 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.Rolden
GFH:lc George F.Holden,Deputy
CONCURRED IN BY:
/Joel E.Ogle
Joel E.Ogle,County Counsel
/Stephen K.Tamura
Stephen K.Tarnura,Deputy
***
1 Ths$QWTXON OF ThU s3L~lW 0)’si92;ansuas OF
2 O1~t CuU$TZ,C&kiL& stNIA
3 January U,1%9
4
on motion of Supcniaor Uordon,duly s*corded and carried,tha following ~weolution
5
was adopted:
6
bW*flB,heretofore Jaatws A.Baker ‘was by this hoard designated as a member of
County 5anitation District No.2 Board,and that
~H!~RC4tS,ha11th J.ItFadden has succeeded to the office of ~np_nisor of t~e Third
9
District.
10
H(M,THEREFORt~,XE It W~5Oi~Vt.)kU OE3~HED that ~1a1ph J.tYadden be and he is here
11
12
by desi~ttatad to serve on the $oard of Directors of Oounty Uai4tation 4strict ~~.
13 AYES:~UPUWX1.?uRS I1tVD~0E0.C~UiWON,ItLLPH J.%EFaDDSN,C.M.F~ME~U$1LT,a:J)iiIL~US
N.~ARNi~4t.
14
NO!~S:DU2 :SVZSURS 14ON~
15
AI3Stiiti $U?kJLYISQR ~ijaiw SMITH.
16
17 STATh OF OAuroitNa
5$
18 COUNt OF OHM G~
19 I,13..1.~A1TR,County Ulerk and ezaofficio Cler~t of the iioard of Lupenisors of
20 Orange Count*r,~a1ifornia,hereby certify that the above and foregoing btssolutlon 11*0 di4
21 and regularly adopted by the said board at a regular meating thereof held on the 11th day
22 ~anuary,191~y,and paseed by a unanimous vote of said hoard members present.
23 1$WXThR~S 4$ff~UiUF,I have hereunto sit sy hand and seal thIs 11th day of January,
24 191j9.
)
.25
26
aid
27
of ~u~rof Oranat County,Ualifornia.