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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