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Home My WebLink AboutMinutes 1950-09-27COI~DENSED MINUTES OF THE JOINT I€ETING OF BOARDS OF DIRECTORS COUNTY SANITATION DISTrtICTS OF ORANGE COUNTY,CALIFORNIA September 27,1950 at 8:00 P.M. Board of Supervisors’Room -Court House Santa Ana,California ROLL CALL DISTRICT NOA 1 Present:Directors Virgil H.Reed (Chairman C.M.Featherly and Allen A.Mandy Absent:None. DISTRICT NO.2 Present:Directors Robert H.Boney (Chair man),Hugh W.Warden,Don B. Haiber,Frank J.Schweitzer,Jr., Ralph J.McFadden,Willard Smith, Charles E.Stevens,dillis H. Warner,~Tilliam H.Hirstein and Anton W.Wilson. Absent:None. DISTRICT NO.3 —Present:Directors Hugh W.Warden (Chairman A.C.Earley,Ralph J.McFadden, C.R.Miller,Charles Newson, Willis H.Warner and Joseph -Webber. Absent:None. DISTRICT NO.5 Present:Directors Braden Finch (Chairman) and Rbss Greeley. Absent:Director Irvin G.Gordon. DISTRICT NO~6 —Present:Director C.M.Nelson (Ciairman) and Braden Finch. Absent:Director Irvin G.Gordon. DISTRICT 110.7 Present:Directors Vincent I.Hurneston (Chairman),Virgil H.Reed and Willard Smith. Absent:Director Irvin G.Gordon. DISTRICT ~0.8 Present:Directors Emerson B.::ilnor (Chait man)and Harold E.Edwards. Absent:Director Irvin G.Gordon. DI.TFLICT ~:o ii (~o QUORUM ñeseni~E Director Willis H.Warner (Chair man). ~bsent:Directors Vernon E.Langenbeck and Jack Greer. .1.. Nelson M.Launer,Administrative Officer Pat.H.Neff,Engineer N.3.Marks,Attorney Harry Ashton,Attorney C.Arthur Nisson,Jr.,Attorney F.B.Owen,Secretary,Costa Jiesa Sanitary District K.J.Harrison Ora Mae Merritt,Secretary Chairnan Reed called the joint meeting to order at 5:15 i. The Roll was called and all District Boards except District Ho.11 were found to have a ouorum presant. The Secretary reported that no quorum was present for September l~,1950 neetins for District Boards os.7 and 11. AFPRCVnL OF District roards Dos.1,2,3,5,5 and 7. VOUCH:SA DEJTAPD adopted emotion to approve for signature and paynent the following Joint ~dmi?iistr~tive Voucher Demand: Voucher Demand In Favor Of ~.rnount IlO. JA—l37 F.2.1-larwood,ostmaster r 30.00 JUIiILJ.~LJlV~Mr.Pelson ‘.Launer,ndninistrative Officer,reported that members of :1 :DST several District Boards had informed him they would raquire ~iore time to discuss the contracts and suggested that special meetings be held for this puroose. ‘Tr.Launer then cflled upon r.1’.3.iarks for ieg~l prcpross report. ‘r.?arks rerorced as follows: 1.Acreesent for Use and Ultimate I urchase and Joint Gonstrnction and Operation Agreement with Alveny ~suroested revisions were mailed to tiie Directors September 24,1950.These contracts,uS no’~revised,are acceptable to the bond attorneys. 2.A letter had been received from JTr.Jess Larson, General Services Administrator,ushington,0.0. copy of which was nailed to tOe Directors on September 24,1950,exoressinv the opinion that there is no objection to the sale of facilities built in part with W.P.A.iUt)ds.Toe Heflorabld John Fhillips,Representative,has been very co operative in aidinr us in obtairtinp decision. 3.°‘Melveny 5.Pyers advise that barit~tion Dtstrict No.1 nay act a5 the contracting ane:tt only in those instances in which it has an interest i11 OhiO facilities arid work to be done.District ho.1 will have to let its own contracts for its outfall;so will District 10.11;Districts 5 and 6 }~avo .?oint as t”ell as separate work. —2— 4.The last revisions in the two contracts are very minor changes.However,the District Boards should take necessary time to inform themselves before acting.This regular meeting of each Board could be adjourned to a later date. The Administrative Officer called upon Mr.Nat H.Neff for an engineering progress report. ~ir.Neff reviewed his letter covering engineering progress which was mailed to the Directors on September 24, 1950.He asked if any points in this letter needed clarifi cation. Director randy asked the cost to date of the survey authorized by Resolution No.5 on June 2~,1950;and why the survey had taken more time than set forth in the Resolution. Mr.Neff stated the survey under Resolution No.5 had cost $240.00 to date;that the survey had not been completed due to delay in receiving further information from the U.S. Coast and Geodetic Survey and in getting information from oil companies and public utilities on underground obstructions; that no additional help had been employed,except the survey crew. **** RESOLUTION NO.45 On motion of Director Windy,duly seconded ~nd carried,the following Resolution No.45 was adopted: RESOLUTION OF COUNTY s1~NIT.~~TION DISTaICT NO.1 FIXING AND DETERMIHING CO~ENSATION AND EXPENSES TO BE PAID LEGAL COUNSEL IN CONNECTION WITH LITIGATION TO DETE1~MINE THE VALIDITY OF A LI1~TED Pi~RTICIPATION AGREEMENT UNDER WElCH CERTAIN DISTRICTS VOTED BONDS FOR THE PROCUREMENT AND CON STRUCTION OF SEWERAGE FACILITIES, WHEREAS,the matter of interpreting the limited particip ation agrement under which County Sanitation flistricts Nos. 2,3 and 7 have agreed to participate in a countywide sewerage development plan has arisen;and WHEREAS,the attorneys representing the proposed bond buyers deem that it is necessary to bring court proceedings to fix and determine the exact interpretation of the aforesaid limited participation agreements;and WHEREAS,attorney E.J.Marks and Adrian Marks are the attorneys representing the Joint Administrative Organization ar~ County Sanitation Districts Nos.1,2,3,5,6,7 and 11;and WHEREAS,attorney Arthur C.Nisson,Jr.is the attorney specially representing County Sanitation District No.7;and WHEREAS,the aforesaid attorneys are preparing to bring a proceeding in the District Court of Appeal for the purpose of determining the validity and interpretation of the afore said limited participation agre~ments and for any other necessary purpose;and —3— 4 — WHEREAS,it is necessary that the law firm of O’Melveny &Myers and James L.Beebe be employed as counsel therein and be paid the reasonable value of their services ~herein which will not be less than ~l,OOO.QO or more than 4,500.00. NOW,THEREFORE,BE IT RESOLVED: That the fees of each of said attorneys,excepting O’Melveny &Myers and James L.Beebe,be fixed at the sum of ~l5O.OO per day,or any part of a day,each attorney is in Court for the hearing of the proposed litigation,the principal purpose of which is to determine the validity and interpretation of the limited participation agreements in volving Districts Nos.2,3 and 7,or any-of them;and the attorneys’fees of O’Melveny &Myers and James L.Beebe be fixed at the above mentioned figure for their services. 2.That attorney fees for preparation of pleadings dfld for the he~~.ring shall he paid at the hourly rates here tofore authorized for the respective attorneys;this shall not include the compensation for O’Melveny &Myers and James L.Beebe. 3.That the actual cost of lodging for said attorneys occasioned by their appearance at the District Court of Appeals for the hereinabove specified purpose shall be authorized to be paid in a sum not to exceed ~p5.OO per day. 4.That mileage be authorized at the usual rate in connection with the subject litigation. BE IT FURTHER RESOLVED that costs and expenses in connection with the above mentioned litigation be paid out of the Joint Administrative Fund of P~istricts 1~os.1,2,3,5,6, 7 and 11. The foregoing Resolution was introduced by Director Allen A.Nandy,who moved its adoption.This motion was seconded by Director C.M.Featherly and was carried by the following vote: AYES:Directors Allen A.Mandy,C.N.Fe~therly and Virgil H.Reed. NOES:None. ABSENT:None. STATE OF CALIFORNIA) ss COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.One of Orange County,California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a meeting thereof held on the 27th day of September,1950. IN TJITNESS ‘.;HEREOF,I have hereunto set my hand this 29th day of September,1950. Is!Ora Mae Merritt —Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,Califania / -4-/:. general discussion was held on the proposed Resolution fixing fees for legal counsel in the limited participation liti gation.attorney Harry hShtOfl stated that Districts Nos.5 ~nd 6 did riot desire to have his services paid from the Joint Adminis trative Fund and that they had requested that paragraph number 5 of the pro~osed resDlution be removed therefrom. On motion of Director I~andy,duiy seconded arid carried,the meeting of the Board of Directors of County sanitation District No.1 was adjourned at 9:00 P.M.to October 2,1950 in Roori 303 of the City Hall,Santa Ama,California;said adjourned neeting to be held at the hour of 9:00 A.M. The Secretary read a Resolution from the City Council of the City of Brea,appointin~Mr.Frank J.Schweitzer as a Director of County Sanitation District No.2,to replace Director Charles 0.MCCart. *e On motion of Director Warden,duly seconded arid carried, District No.2 Operating Fund arrant Register was ap~roved for signature ~nd payment,covering the following Voucher Demands: Voucher Demand ~o.In Favor Of amount 2-41 Robert H.!3oney ~44.~O 42 Hugh il.Warden 2S.75 43 Don B.Haiber 57.50 44 Charles 0.McCart 12.10 45 Ralph J.J~IcFadden 29.13 46 Willard Smith 17.03 47 Charles E.Stevens 44.20 L~Willis H.Warner ld.15 4.9 William H.Hirstein 42.40 50 Anton W.Wilson 57.50 ~r 351.56 On motion of Director Hirstein,duly seconded and carried, District No.2 Board of Directors meeting adjourned at 9:05 F.M. On motion of Director Early,duly seconded and carried,Dis trict No.3 Operating Fund Warrant ~egister covering the following Voucher Demands was approved for signature and payment: Voucher Demand No.In Favor Of amount 3-29 Hugh .Warden ~2~.75 30 Ralph J.~cFadden 29.12 31 Willis H.Warner 1~.15 32 A.C.Earley 62.00 33 C.R.Miller 33.15 34 Charles Newson 62.00 35 Joseph Webber 47.20 ***~ ___________ a rwtion was made by Director McFadden,duly recorded and carried,declaring District No.~3 Board adjourned at 9:10 F.H. *** —5— On motion of Director Greeley,duly seconded and carried, Operating Fund Warrant Register for District No.5,covering the following Voucher Demands was approved for signature and payment: Voucher I)emand — 1HO.In Favor Of Amount 5-30 Braden Finch ~17.47 31 Ross Greeley _____ c.52.42 On motion of Director Greeley,duly seconded and carried,the mocting of the Board of Directors of County ~anit~tion District No.5 adjourned at 9:20 P.M.to Octobei 4,1950 at the hour of 7:30 F.T.;said.adjourned meeting to be held in the Conference ~oo~n of County Sanitation Districts’Officen,Room 212,1104 West ~th street,Santa Ana,California. **** A notion was made by Director Finch,duly seconded and carried that the Operating Fund Warrant F~egister for District No.6, covering the following Voucher Demands be approved for signature a~d payment: Voucher - Deand - No.In F~vor Of itnicunt ~-32 Bruden Finch ~40~7~ 33 C.~.Nelson 56.00 A motion was made by Director Finch,duly seconded and carried,that the meeting of the Board of Directors of District No.6 be adjourned to 7:30 P.T~.,Cctober 4-,1950,said adjourned rneetin~to be held in the Conference hoom of County Sanitation Districts’Office,Room 212,1104 vest ~th street,Santa dna, California. ~motion w~s made by Director Reed that the Minutes of a Special Meeting of the Board of Directors of County Sanitation District No.7 held on September 19,1950,he approved,as mailed out. A motion WaS made by Director Reed,duly seconded ~nd carried that the neetin~’of County Sanitation District No.7 Board of r)i~.ector5 be adjourned at 9:40 F.fl. h r~otiori w~.s made by Director ~dwards,duly seconded ~nd c~rr.ied,that District Ho.~Operating Fund .arrant Register be approved far signature and payment of the following Voucher Deiands: VoucL~er Ser~and No.In Favor Of ~uiount ~—2O Emerson B.~ilnor ~ 21 Harold F.Edwards R~OLUTION UT).52 The Board of Directcrs oi Ccunty Sanitation Distri~ITo.E~adopted the followinp k~s~iut~ofl No.S~: a R ~LT’I0N OF TH~BO.u~I)OF i)I~CTG~S 0~’COUNTY SANITATIOF DISTRICT N~).El, ~~id~GE COUNTY,CALIFOr~NIiE,FIXING THE F~AND AUThORIZING iOI 2~UGI ~RIUG SU .V.TY OF FAJILITI X IN ~L1SO C~~ HE~E~S,it is necessary to have an engineering survey and report thereof on existinç sewer:ge facilities in the Aliso Creek area,Orange Count:’,California; TNEREFOR2,BE iT RESOLVED that James M.Nontgomery, Consulting Engineer,be and is hereby employed by County Sanitation District Fe.~to m~.1:e an engineering survey of the suwer~ge facilities in the Aliso Creek .~rea,Orange County,California,and he is hereby directed to submit a co.~ipletu report ther~oi’to the Oo~rd of fl~rectors oil Said District:and that the fee of ;3,O)O.00 is hereby authorized to be paid from the °perating Fund of Coant~’Sanitation District 1~’>.~to James 1~.T~ontgoi~ry upon completion of thu survey and at the time the re,:ort thereof is submitted and accepted by thu Board of Directors of C)ur.ty Sanication District No.E3. The foregoing resolution was introduced by Director Harold Z.Edw.~rds,who moved its adoption.This ~otion was seconded by Director Emerson B.Milnor,and WaS carried by the followinE vote: AYES:Directors Harold Edwards and Emerson B.flilnor. N one ABSENT:Director Irvin C.Gordon. A motion was made by Director Edwards,duly seconded and carried that the meeting of the Bo~.rd of Directors of County Sanitation No.a be adjourned at 9:55 P.M. *** -7- Chairman Warner reported there w~s no quorum present for County Sanitation District i;o.11 and thereupon adjourned the meeting at 9:50 P.M.to October 2,1950;said adjourned meeting to be held at the hour of 7:00 P.M.in the Council Chambers of the City Hall,Huntington Beach,California. *** Respectfully submitted, dJ ~ Ora Uae Merritt,Tempbrary Secretury Boards of Directors,County Sani tation Districts Fos.1,2,3,5, 6,7 and ~. -