HomeMy WebLinkAboutMinutes 1951-04-11CONDENSED ~INUTES OF THE JOINT MEf~T1NG OF
BOARDS OF DIi~LECTORS,COUNTY SAN ITATI)N NISTRICTS
ORANGE COUNTY,CALIFORN IA
April 11,1951
Board of Supervisors’Room,Court House
Santa Ana,California
R 0 L L C A L L
DI.s:rD.IcTNO.i
Frenent:Directors Virgil H.Reed (Chairman),j~l1en A.
Mandy and C.M.Featherly.
absent:None.
DISTRICT NO.2
Present:Directors Robert H.Boney (Chairman),Hugh W.
Warden,Don 13.Haiber,Willard Smith,Cherles
E.Stevens,William H.Hirstein,Anton W.
Wilson,Willis H.Warner and Ralph J.McFadden.
Absent:Director Frank J.Schweitzer,Jr.
DISTNICT NO.3
Present:Directors Hugh ii.Warden (Chairman),A.C.Ear1e~
Charles Newson,Joseph Webber,RaLph J.
McFadden,Willis IL.Warner and C.R.Miller.
Absent:None.
DISTRICT NO.5
Directors Braden Finch (Chairman),Heinz
Kaiser and Ross Greeley.
Absent:None.
DISTRICT NO 6
Present:Directors C.N.Nelson (Chairman),Braden Finch
and Heinz Kaiser.
Absent:None.
DISTRICT NO.7
Directors Vincent L.Hueeston (Chairman),
Virgil H.fl~ed,~Ji11ard Smith and Heinz Kaiser.
Absent :None.
DISTRICT NO ~
Present:Directors Emerson B.Milnor (Chairman),Heinz
Kaiser and H~rold ~.Edwards.
i~bseiit :None.
DISTRICT NC).11
Present:Directors Willis H.Warner (Chairman),Jaek
Greer and Vernon E.Langenbeck.
Absent:None.-
OTHEESP~ESFNT:Nelson N.Launer,Adrutinistrative Officer
Nat H.Neff,Engineer
E.J.Marks,Attorney
Harry Ashton,Attorney
Walter B.Chaffee,Attorney
C.Arthur Nissori,Jr.,Attorney
Hugh Neighbour,City Engineer,Santa irna
Ore Mae Merritt,Secretary
-.1--
Chairman VirEil H.Reed called the joint meeting of the District
Boards to order at i~:lO p.m.
The roll was called and the Secretary reported a quorum present
for all districts.
MINUTES OF MEETING The Secretary reported that after the
OF MARCH 2~,1951 condensed minutes of the Meeting of
March 2~,1951 had been mailed to the
Directors it was discovered tu t ~~ithorization for negotiating
contracts carried only the names of the consulting n’~ineecs,
Harrison &,Woolley and that the condensed minuteS hava been
corrected as .fol].ows:
“A motion was made,duly secoridend and
unanimously carried by each of the Boards
of County Sanitation Districts Nos.1,
2,3,5,7 and 11 that Harrison &
___________
Woolley,and Headm~Fe~guson&Carollo
_____
Consulting Engineers be selected as
engineers to study and make recommen
dations concerning modifications of the
Vint~W.Bacon Reports and to design plans and pre~re specifi
cations for the construction ~the additional new facilities to
be coflstructed under said modified report.The i~xecutive Committee
is instructed to negotiate with said firms a contract for said
services and present such contract for aeproval and execution,
after consultation with the Board of Directors of County Sani—
tat:i.on District Nu:nher One;and
“That Fred D.Bowlus he employed as consultant for the Sani
tation Districts on tile ocean outfall and a contract be negotia
ted with him.
“A motion was made,duly seconded and unanimously carried
by members of the Board of Directors of County Sanitation ~)istrict
lb.6 that Harrison &Woolley,and Headrn~~Ferguson &Carollo,
he se:Lected as engineers to study and make recommendations concern
ing modification of the Vinton W.Bacon Reports ~nd to design
plans and prepare specifications for the constri.tction of the new
facilities to be constructed under said modified report.The
Executive Committee is instructed to negotiate with said firms
a contract for said scrvices,except that tl~e contract as to the
mains of District ~o.t~leading down to the plant.be left open
for further chis ciesni on;and
“That Fred D.Bowlus be employed as consultant for tile Sarti—
tation Districts on the ocean outfall and a contract be negotiated
with him.
“A motion was made by Director ~llonA.Mandy,seconded by
Dirocter Robert H.i3oney and du:iy carried by the joint District
Boards that the Secretary be instructed to notify Harrison &
Woolley and_Headma~Ferguson &Carollo~Consulting Engineers,
aid Mr.FFndD~iTowIiis of a~~~WE~Rim at this meeting.”
APNOVAL OF l”IINUTES A motion was made,duly seconded and
\S CO~..Y~ECTED unanimously carried that the minutes of
the meeting of March 2S,1951,be
approved as corrected after they were mailed out.
A motion was made,duly seconded and
unanimously carried that the Joint Admin
istrative Warrant Register be approved
payment of:
Warcant Demand No.In Favor Of
“RE:NECOTii~TING
CONT1U~CTS 1JITH
TFLr~FIhMS OF
HARdISON &WOOLLEY
and HEADMAN._FERGUSON
&Ci~OLLO aND CONTRACT
‘~‘iITH MR.FRED D.BGJLUS
JOINT aDMINISTRATIVE
WAR ~a N~tEGIS TER
for signature and
JA—233
234.
235
236
237
23d
City of Santa Ama
Bales Office Equipment Co.
Toastmasters International
The Pacific Telephone &Telegraph Co.
E.J.Marks and’Adrian Marks
C.Arthur Nisson,Jr.
urn ount
$90,93
3.00
56.70
~45.63
50k.64
~O97~
—2—
ADMINISTRATIVE Mr.Nelson M.Launer,Administrative
OF~ICER’S REPORT Officer,reviewed the three Resolutions
which were mailed to the Directors in
his letter of April 6,1951.
Mr.Launer stated that the City of ~naheim had selected Mr.
Robert Barletta as the appraiser for the Joint Outfall Sewer and
D:i.strict No.11 had selected Mr.Harry Overmyer as the appraiser
for the Sanitation Districts,to fix the value of personal
property owned by the Joint Outfall Sewer and to be acquired by
the Sanitation Districts under the Agreement for Purchase and
Sale which was signed on February 2~,1951.
LEGAL PROGRESS Judge Marks reported that he and Mr.
R~PO:~T Nisson went to Fresno for the hearing
on the Petition for Writ of Mandate in
the Court of Ap~a1s and that~a week later the court returned a
decision that a ceiling cannot be imposed on the tax levy in
the limited participation districts.
EXECUTIVE CO~V1ITTEE Mr.Boney,Chairman of the F~xecutive
R}~PORT Comnittee called upon Mr.Warner,Chair
man of the Special Committee,for a
report upon negotiation of contracts with Harrison &Woolley and
Headman,Ferguson &Carollo.
Mr.Warner reported that the negotiations with the consult
ing engineers were divided into two parts:
1.Negotiation of a contract with Harrison &Woolley
and Headman,Ferguson &Carollo,consulting engineers,
providing for an appraisal of the Bacon Reports to
determine if there is sufficient or insufficient bond
money.These engineers are to submit a report to
the Directors for their consideration.
2.If modification of the Bacon deports is then desired
by the Directors,a contract is to be negotiated with
the consulting engineers for modification.
Mr~Warner reported that the fee of Harrison &Woolley and
Headman,Fei~guson &Carollo is a flat sum of ~pl,5OO to appraise
the Bacon Reports.That the foe for modification of the report
is $5,000,but that this fee would be included in the general
engineering fee if they are employed for the whole project.
Mr.Warner stated that theExecutive Committee and the
engineers unanimously agreed that adequate time should be taken
in negotiating a contract for the design and specifications.
But,to save time,the District Boards could adopt a Resolut.ic
authorizing the execution of a contract with Harrison &Woolley
and Headman,Ferguson &Carollo,so that work may be started at
once to determine if there is sufficient or insufficient bond
money.
Mr.Boney reported that the Executive Committee unanimously
recommends the procedure as outlined by Mr.Warner and that a
resolution had been prepared to be presented to the District
Boards for their consideration.
At the request of Chairman Reed,the Secretary read Reso
lution No.60,authorizing a contract of employment be execntecl
for the employment of Harrison &Woolley,and Headman,i~erg1.ison
&Carollo.
after a general discussion,the District Boards adopted the
following Resolutions:
RESOLUTION NO.57 The following Resolution was adopted
by County Sanitation Districts Nos.
1,2,3,5,6,7 and 11 Boards of Directors:
—3—
RESOLUTION NO.57
A RESOLUTION OF THE HOARD OF DIRECTORS
OF COUNTY SANILcTION DISTRICT NUMBER
aUTHORIZING AND Ri\TIyYING
THE EMPLOYMENT OF HARRY A.OV~RflYER AS
APPRAISER REPRESENTING COUNTY SANI
TATION DISTRICTS NUMBERS ONE,TWO THttEE,
FIVE,SIX,SEVEN AND ELEVEN TO APFRAISE
THE PERSONAL PROPERTY TO BE ACQUIRED FROM
THE JOINT OUTFALL SEWER.
SECTION I The Bo~rd o~’Directors of County Sanitation DistrIp~
Number c\oos resolve as follows:
~1HEREAS,it.has become necessary under the Agreement for Purcha~e
and Sale for personal property belonging to the Joint Outfall Sewer
Districts to be pinchased and acquired by County Sanitation Districts
Numbers One,Two,Three,Five,Six,Seven and Eleven to be apprairecl
and to fix the value thereof;and
1IHERE’S,County Sanitation District Number CJeven has been
authorized to name such appraiser’;and
WHEREaS,it has selected and named Harry A.Overmyer to perform
said services.
His compensation ~.s therefore fixed at t25.OO per day each clay
of eight hours or any ~part thereof when he is engaged in performing
said duties,said compensation to start the date of his appointment,
March 20,1951.
SECTION II.The said services of said Hurry A.Overmyer shall
be paid out of the Joint Administrative Fund of County Snriitat,ion
Districts Nos.1,2,3,5,6,7,and 11 and the proper portion thereof
charged to each of said County Sanitati0n Districts as said percenta~.~.
have bean set out and established heretofore.
RESOLUTION NO.Sd The following resolution was adopted by
the Boards of Directors of County Sani
tation Districts Hos.1,2,3,5,6,7,0 and 11:
RESOLUTION NO.5 d
A RESOLUTION OF THE BO~~RD OF DIRACTORS
OF’COUNTY SANITATION DISTRICT NUMBER
_______
AIT~NDING RESOLUTION NO.56
The Board of Directors of County Sanitation District Number
_____—
does hereby resolve as follows:
SECTION I.Resolution No.56,entitled “RESOLUTION OF THE
BO~RD 011’DIRECTORS OF COUNTY Sj~NITj~.TION DISTRICT NUMBER
_________
FIXINGS ALLOWINC MID APNOVING l’TIL~AGE FOR rIEJIBERS OF ITS BOAAL)
OF DIRECTORS ~TUEN TILWELING ON BUSINESS OF THE DISTRICT”,is hereby
amended by adding threto Section III,as follows:
~SECTION III.The mileage of an authorized member of the Executive
Committee,comprised of the Chairmen of County Sanitation Districts
Nos.1,2,3,5,6,7,d and 11,or a duly appointed proxy,shall he
paid from the Operating Fund of the District which he represents.
Said payment shall be made from March 2~,1951.”
~‘:~*
—4—
RESOLUTION NO.59 The following resolution was adopted by
the Boards of Directors of County Sani
tation Districts Nos.1,~2,3,5,6,7
and 11:.
R~SOLUTION NO.59
A RESOLUTION OF COUNTY SANITi1TION DISTRICT
NO.,FIXIUG AND DETERMINING COMPEN
SATI~flTO BE PAID LEGAL COUNSEL
WEEREhS,the County Sanitation Districts have hereto
fore ?mployed ~ega1 co4nsel for both general and speci~l
services and the Districts now have employed certain legal
counsel and may in the future employ additional or ather
ie~al counsel;and
WHEREAS,it is deemed advisable to set up ~certain
world.ng d~y for said a.ttorney~now employed and any other
attorneys to he employed in the future by said County Sani
tation Districts;and
WHEREAS,ally uncertaintios in rates of pay and hours
constituting a day for said attorneys’services are iritemded
to he reconciled and made certain~
NcW,TIIEREFORE,BE IT RESOLVED:
1.That six (6)hours of tine actually spent by an
attorney in service to the Sanitation District or Districts
authorizing said services shall constitute one (1)day’s
services.
2.That the maximum compensation to be paid an
attorney for one (1)day’s services shall be Seventy Five
(~?5.OO)Dollars,excepting that wherein an attorney is re
quired to appear in any court of law on behalf of a Sani
tation District or Districts for a day or any part of a
dai;the compensation for that day shall be One Hundred and
Fifty (~~l5O.OO)Dollars,irrespective of the number of
hours spent.
3.That for any part of a day actually spent by an
attorney in service for a Sanitation Listrict
or Districts he shall be paid at the i’ate of Twelve Dollars
and Fifty Cents (~l2.5O)per hour by the District or
Districts for whom said services are rendered.
4.That payment for the services of legdl counsel
shall be made from the operat:ing fund of the Districts
authorizing the employment of said attorney or attorneys
upon monthly presentation of itemized bills by said legal
counsel,and in the case where more than one but not all
Sanitation Districts emnloy the same legal counsel for the
same services,said Disttñ~cts shall be jointly charged,
and each shall pay an equal part of the to~al bill out of
the operating fund of each District,provided further that
where Districts Nos.1,2,3,5,6,7 and 11 jointly employ
legal counsel,payment for such services shall be paid
for out of’the Joint Administrotive Fund.
5.That with respect to the employment of C.ARThUR
NISSaN,JR.,by County Sanitation Districts Nos.1,2,3,5,
6,7 and 11 for the purpose of working with Attorneys E.J.
Marks and Adrian Marks,in preparation for hearing of that
certain litigation concerning the effect of a limited parti
cipation agreement on the County Sanitation Districts,his
compensation shall be at the rate of Twelve Dollars and Fifty
Cents (~l2~5O)per hour for time actually spent,~excepting
appearances in courts of law,in rendering said services from
the date of March 1,1951.
—5—
b.That unless specifically resolved otherwise the
employment of other or additional legal counsel shall be
at,the rates of pay and hours constituting one (1)day
established by this Resolution.
7.All Resolutions or parts of Aesolutions hereto
fore adopted which conflict herewith are hereby specifically
repealed insofar and to the extent that they conflict here—
with.
RESOLUTION NO.60 The following resolution was adopted
by the District Boards of County Sanl~
tation J.)istricts Nos.1,2,3,5,6,7 and 11:
RESOLUTION NO.60
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.
_________
~WTHOEIZING AND REQUESTING COUNTY SAflIT~TION
DISThICT NO.1 TO EXECUTE THE CONTRACT OF
EMPLOYMANT BET.:IELN COUNTY CMJIThTIDU DISTi~ICT
UQ.1 AS CONTRaCTIHG AGENT,AND K.C.NA ~AISON
AND J.A.WOOLLEY,A CO—PARTNERSUJP OPERATING
UNDER THE FIRM NAME OF HARRISON &7IOOLLEY,AND
SAM HEADMAN ,BEN FERGUSON AND JOHN A.CAAOLLO,
A CO—PARTNERSHIP 0P~AATIiJG UNDI~R THE FIRM NAPE
OF I ~i-tD~IiOJ ,FERGUSON aND C A ROLLO.
The Board of Directors of County Sanitation district No.
_______do resolve as follows:
Section 1.A contract of’employment of K.C.HaARISON
and C.A.~OOLLEY,a co-partnership operating under the firm
name of Harrison &Woolley,and SaM HEADMaN,BEN FEAGUSON and
JOHN A.CaROLLO,a co-partnership operating under the fir~i
na:ne of Headman,Ferguson &Carollo,by County Sanitation
District No.1 as contracting agent for County Sanitation
Districts Nos.2,3,5,6,7 arid 11,has been prepared and
i~herewith presented to the Board of Directors of County
Sanitation District N.,and is hereby approved,and
County Sanitation bistrict No.1 is hereby
requested and directed to execute the same as contracting
agent for itself and County Sanitation Districts Nos.2,3,
5,6,7 and 11,said agreement bearing the date of the 11th
day of April,1951.
Director Virgil 11.Reed announced that this meeting would be
the last one he and Director Allen A.Mandy would officially attend.
Ho expressed his appreciation of the efforts of the Directors in
bringinr~about the progress n~being made in the countywide sani
tation plan arid assured them of his continued interest in this work.
Director Allen ~.Handy expressed his appreciation of the work
accomplished by the District Boards;and stated that his work with
this group had been the most gratifying of the duties imposed upon
him by the pub].ic office ho held.
A motion was made by Director ~di1lis II.Warner,seconded by
Director Robert H.Boney and unanimously carried by members o.f the
Boards of’Directors of County Sanitation Districts Non.1,2,3,5,
6,7,~and 11 that Directors Virgil H.Reed and Allen A.Handy
be given a vote of thanks for their services and work in behalf of
the County Sanitation Districts.
Upon a motion made by Director Allen a.Handy,duly seconded
and carried,the Chairman declared the meeting of County Sanication
District No.1 Board of Directors adjourned at ~:35 p.m.
-6-
APPOINTING A NEW Director Virgil H.Reed,Chairman of
CHAIRMAN FOR THE the joint meeting of the District Goards
JOIlIT MEETINGS OF left the meeting at ~:35 p.m.,at which
THE DIET-lOT I3OARDS time the Secretary announced a motion
to be in order to appoint a new Chairman
for the joint meetings of County Sanitation Districts Nos.1,2,
1,5,t,7,F3 and 11 Boards of Directors.
A motion was made by Director ~i11is H.Warner,seconded
by Director Ross Greeley,and undnimously carried by thc Boards
of Directors of County Sanitation Districts Nos.1,2,~,5,6,
7,~and 11 that Director Braden Finch be appointed Chairman
of the joint meetings of the Districts’Boards,
DISTRICT NO.7 A motion was made by Director Willard
OPERATING FUND Smith,seconded by Director Heinz Kaiser,
WARRANT REGISTER and duly carried by the members of the
Board of Directors o.f County Sanitation
DistriCt No.7 that District No,7 Operating Fund Warrant Regis
ter be approved for signature and payment of:
Warrant
Demand
—
No.In Favor Of Amount
7—36 C.Arthur Nisson,Jr.$156.25
DISTRICT NO .A motion was made by Director Harold
OPERATING FUND E.Edwards,seconded by Director Heinz
1ARih~NT R~GISTER Kaiser and duly carried by members of
the Board of Directors of County Sani
tation District No.~that District No.d Operating Fund ~Jarrant
Re~:istcr be approved for signatute and payment of:
Warrant
D~muiid
No.In Favor Of Amount
~—31 Joint i~dninistrative Fund of County ~50.00
Sanitation ~)istricts Nos.1,2,3,5,
6,7,and 11
The Chairman declared the meeting of County Sanitation Districts
Nos.2,3,5,6,7,~and ii Boards of Directors adjourned at ~:45 p.m.
~~
Secretary