HomeMy WebLinkAboutDistrict 05 Minutes 1949-01-1250
MINUTES OF MEETING OF
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY,CALIFORNIA
January 12,191.~9,at 8:00 P0M.
Board of Supervisors Room
Present:Dick Drake (Chairman),Irvin George Gordon and
Ross Greeley.
Absent:None.
The joint meeting was called to,order by Chairman Willard
Smith at 8:10 P.M.
The Minutes of the meeting of December 22,191~.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 27,19i~8).
General Manager Willis H.Warner stated that the official seal
for District No.5 will be procured and submitted to the Board for
approval.
***
On motion of Director Gordon,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 .I~7L~8 of the County
Sanitation District Act;that it is satisfactory to this Board,and
that this Board does hereby fix the 2t~th day of January,19L~9,at
10:00 o’clock a.m.,as the time,and the office of the County Sani
tation Districts,Room 205 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.
51
The Secretary of this Board thall cause notice of said hearing
to be published 5 consecutive times in the Newport-Balboa News
Times,a newspaper of general circulation in said District.
AYES:DIRECTORS IRVIN GEORGE GORDON,ROSS GREELEY AND DICK DRAHE.
NOES:DIRECTORS NONE
ABSENT:DIRECTORS NONE
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.5 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,19~9,and passed by a unanimous
Vote of said Board.
IN WITNESS WHEREOF,I have hereunto set my hand this 12th day
of January,19L19.
~f~2iC~~?4~d
Secretary of the Board of Directors
of County Sanitation District No.5
of Orange County,California
***
On motion of Director Gordon,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 and the I inancing of a project
covering joint outfall facilities for County Sanitation District
Nos.1,2,3,5,6,7,and 11,said application to be made pursuant
to the provisions of Chapter 20,Statutes of l9L~6.
AYES:DIRECTORS IRVIN GEORGE GORDON,ROSS GREELEY AND DICK DRAKE.
NOES:DIRECTORS NONE
ABSENT:DIRECTORS NONE
52
STATE OF CALIFORNIA
38
COUNTY OF ORANGE
I,CHARt~S A.SWEET,Secretary of the Board of Directors of•
County Sanitation District No.5 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 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,19t1..9.
•
~%~âL
Secretary of the Board of Directors
of County Sanitation District No.5
of Orange County,California
***
On motion of Director Gordon,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 aithorized to make a~pp1i~a-
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,treatment and disposal works to be located as
per accompanying Engineer’s Report dated December 22,l9L~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 Report.
AYES:DIRECTORS IRVIN GEORGE GORDON,ROSS GREELEY AND DICK DRAKE.
NOES:DIRECTORS NONE
ABSENT:DIRECTORS NONE
STATE OF CALIFORNIA
53
COUNTY OF ORANGE
I,CHARLES A.SWEET,Secretary of the Board of Directors of
County Sanitation District No.5 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 held on
the 12th day of January,l9L~9,and passed by a unanimous vote of
said Board.
53
IN WITNESS WHEREOF,I have hereunto set m~r hand this 12th day
of January,19~9.
Secretary of the Board of Directors
of County Sanitation District No..5
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 20,191i..9,at 8:00 P.M.in the Board of
Supervisors Room.
The Chairman declared the meeting adjourned at 9:15 P.M.
Chairman,Board of Directors
County Sanitation District No,5
Orange County,California
ATTEST:
CHARLES A.SWEET
Temporary Secretary,Board of Directors
County Sanitation District No.5
Orange County,California
54
January i1.,l9L~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 cour~cil 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.
Section L~733 of the Health and Safety Code,which section pro
vides in substance that the district board shall have power to £ix
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 compensation allowed by law for the other offi
cial positions mentioned in Section Lj730 that are occupied by
members of said district board..tt
In the case of ~ool1omes 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
constitutional 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~Holden
GFH:lc George F.Holderi,Deputy
CONCURRED IN BY:
/Joel E.Ogle
Joel E.Ogle,County Counsel
-
/Stephen K.Tamura
Stephen K.Tamura,Deputy
/or