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HomeMy WebLinkAboutDistrict 01 Minutes 1954-09-08MINUTES OF REGULAR £€ETING BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA September ~,1954 at ~:OO p.m. Room 239,1104 West Eighth Street Santa Aria,California The Board of Directors met in regular session at the hour of ~:O0 p.m.,Wednesday evening,September ~,1954,in Room 239 at 1104 West Eighth Street,Santa Ana,California. Chairman Chandler called the joint pieeting of the Districts’ Boards to order at ~:O0 p.m. The roll was called and the Secretary reported a quorum of the Board to be present.- Directors present.Courtney EL Chandler,Chairman J.L.McBride Heinz Kaiser Directors absent:None Others-present:Lee M.Nelson •Harry.Ashton Walter B~Chaffee J,A.Woolley Geo,Holyoke Herman Hiltscher Clennel Wilkinson Ora Mae Merritt,Secretary -~p~ro-vai of minutes The Boards of Directors took the following a~tion: Moved by Director Herbert A.Wood,seconded by Director Hugh W.~arden and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That the minutes of the meeting held on August 11,1954 be approved as mailed out. ~ort and recommendations Mr.Nelson reported upon admin~ of the General Manager istrative and operational business of the-Districts relative to: Accounting forms prepared for operation of joint facilities Damage to the Districts’truck-when hit while stopped at a boulevard stop at Ellis and Bushard Streets and recommending the purchase of a new truck —1- I Preparation for installation of meters Laboratory report for August,copy of which is on file in the office:of the Secretary Complaints from residents of West Newport Beach about odors in the vicinity of the river mouth, and expressing doubt that these odors were coming from the treatment plant Waste waters of the Talbert Drainage District,and recommending that the Districts offer use of the old outfall for disposal of these wastes into the ocean rather than the present practicé~of emptying into the Santa Aria River Recommended use After a discussion upon the of the old outfall report of the General Manager, --the Boards of Directors concurred upon the advisability of granting permission to use the old outfall upon request of the Talbert Drainage District,with the stipulation that they assume all reponsibility to the.health department and water pollution control board and pay for any chlorination required by these agencies. Authorizing purchase The Boards of Directors took of new truck the following action: Moved by Director Harry LeBard,seconded by Director A.H.Meyers and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That the General Manager be and he is hereby authorized to purchase one new one-half ton truck at a cost not to exceed ~3,OOO.OO and that payment theref or is to be made from the Treatme cit and Disposal Fund. Report of the attorneys The attorneys submitted copies of “Preliminary Report”and “Recommendations for Establishment of a Joint Sanitation Organization”prepared by Mr.Nisson,Mr.Ashton and Mr. Chaffee.Mr.Chaffee and Mr.Ashton rectmmended that these reports be considered and action deferred until the next meeting. In the absence of Mr.Nisson,Mr.Ashton reviewed resolution recommended to ratify and approve action taken in amending the second amended complaint in the condemn ation proceedings,modifying exceptions therein to estal:lish three drilling sites on property sought to be condemned, and stated the hearing had been postponed until November. Ratifying action of The Board of Directors adopted attorneys in amending Resolution No.3~9 ratifying complaint in condemnation action of attorneys in amending proceedings to establish the second amended complaint in three dril1ing~sites the condemnation proceedings to establish three drilling sites. Certified copy of this resolution is attached hereto and made a part of theserninutes. —2-. Report of the Auditing Director Wood,Chairman of the Committee Auditing Committee reported he had checked the Districts’bills and found the cross reference and amounts to be those indicated on the warrant demands,and assuming computations are correct,bills listed on the Agenda in order for payment. Treatment and Disposal ~‘iarrant Registers Moved by Director A.H.Meyers, seconded by Director Harry LeBard and duly carried by roll call vote of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That the following warrant registers be approved for signature of the Chairman of County Sanitation District No.1: and the County Auditor is authorized to pay the sum ~5,693.68 in accordance with the following: War rant Demand No TD -1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3]. In Favor Of Oroco Steel and Supply Company Rainbow Truck Company Pacific ~~e1ding Supply Company City of Santa Ana Knox Hardware Los Anireles Chemical Company Union Oil Cr~pany of California Lee N.Nelson Pacific Electric Railway Company Roy D.Bryant Motors Cone Bros. Water and Sewage Works ~ity Water Department,Newport Beach Kovakar Company Fairbanks,Morse &Company Hockaday and Phillips Mobilfiame,Inc. The Dow Chemical Company Union Oil Company of California Huntington Beach ~lectrical Service John R.Scott Southern California Edison Company Dennis Printers and Stationers Minnea~olis-Honeywe1l Regulator Company Orange County Blueprint Shop Braun Corporation General Telephone Company of California Blake,Moffitt and Towne L.Langton W.L.Henderson Robert N.Galloway Forward to page 4. $10.58 85.41. 8.28 62.36 18.21 41.50 3.73 12.85 5.00 34.09 6.98 2,00 340.28 9.58 72.65 14.58 382,59 50.96 86.40 85.00 12.36 2,220.37 34.•80 16.48. 8.69 36.68 11.35 81.69 209.98 10 •87 40.50 $4,016.8~ Joint Administrative, Revolving Funds’and The Boards of Directors took the following action: Joint Administrative Fund,totaling Revolving Funds’,totaling Treatment and Disposal Fund,totaling $1,300.49 576.39 4,016.80 Amount —3— Warrant Demand No 41~216.54 .68.70 6.15 285.00 ~576.39 JA 647 ~648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 John R,Scott F.R.Hàrwood,Postmaster Technical Book Company Dennis Printers and Stationers Southwest Builder and Contractor Pacific Telephone and Telegraph Company Marchant Calculator Company,Inc. State Compensation Insurance Fund Ora Mae Merritt Bales Office Equipment Company Pacific Air Industries Santa Ana Register Orange County Blueprint Shop Davis Stationers Standard Oil Cdmpany of Califoinia City of Santa Ana Stein’s Stationery Store Total joint expenditures 7.5~ 30.00 ~.36 57.97 10.00 121.05 24.00 49.24 20.10 666.40 30.90 1.60 2.48 9.31 14.22 212.00 35.28 -i ~ ~44)~)L)tJ ~5,693.68 Authorizing execution .The Board of Dire~tors adopted of contract with State Resolution No.3~8-l,authoriz Employees’Retirement ing contract for participation System .in the California State Employees’ Retirement System.,making its employees members of said system..Certified copy of this resolution is attached hereto and made a part of these minutes. _________________ The Board of Directors took ________________ the following action: Moved by Director J.L..Mcbride, seconded by Director Heinz Kaiser and duly carried: That the Operating Fund Warrant Register be approved for signature of the Chairman,and the County Auditor is authorized to pay: A-112 G-63 A—113 A-114 In Favor Of Forwarded from page 3 Howard Supply Company The Republic Supply Company Orange County blueprint Shop Harry Ashton Amount ~4,016.80 Operating Fund V~iarrant Register -4- 461 Warrant Demand No.In Favor Of Amount 1-53 Courtney R.Chandler ~5O.6~ 54 J.L.McBride 50.75 ~101.43 Adjournment The Boards of Directors took the following action: Moved by Director Hugh U.v~arden,seconded by Director A.H.Meyers and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That this meeting be adjourned. Whereupon,the Chairman declared the meeting so adjourned at 9:00 p.m. Chairman,~so rd of Directors County Sa~{itation District No.1 Orange County,California ATTEST: ~ Secretary,Board of D~ctors County Sanitation District No.1 Orange County,California —5— RESOLUTION NO.3~—1 RESOLUTION AUTHORIZING A CONTRACT PROVIDING FOR THE PARTICIPATION OF THE PUBLIC AGENCY IN THE CALIFORNIA STATE EMPLOYEES’RETIREMENT SYSTEM,MAKING ITS EMPLOYEES MEMBERS OF SAID SYSTEM WHEREAS,the California State Employees’Retirement Law provides for the participation of Public Agency in the Calif ornia State Employees’Retirement System,making its employees members of said system,and WHEREAS,the Board of Directors of County Sanitation District No.1 of Orange County,California on the 2~th day of July,1954 adopted a Resolution giving notice of intention to approve a contract providing for such participation,and WHEREAS,the employees of said Agency,whose memberships in said Retirement System are contemplated,have approved said participation,by majority vote, NOW,THEREFORE,BE IT RESOLVED,that said Board of Directors authorizes,and it does hereby authorize a contract between said County Sanitation District No.1 of Orange County,California and the Board of Administration,State Employees’Retirement System, a copy of said contract being attached hereto marked Exhibit ?~AT~ and by such reference made a part hereof as though herein set out in full,and BE IT FURTHERRESOLVED,that the presiding officer of said Board of Directors be,and he is hereby authorized,empowered and directed to execute said contract for and on behalf of County Sanitation District No.1 of Orange County,California. —1— J~’1opted this ~th day of September,1954. L~ifr’L~c14C Chairman,jBoa d of Directors County S~nitation .Uistrict No.1 Orange County,California ATTEST: Secretary,Board of Directors County Sanitation District No,1 Orange County,California STATE OF CALIFORNIA) as COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No,1 of Orange County,California, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the Board of Directors of County Sanitation District No.1 of Orange County,California,held on the ~th day of September,1954,by the following roll call vote: AYES:Directors J.L.McBride,Heinz Kaiser and Courtney R.Chandler NOES:Directors None ABSENT:Directors None IN ~~~ITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 of Oran~e County,California,this ~th day of September,1954. Secretary,Board of Directors County Sanitation District No.1 Oran~’-e County,California —2— 46$ 4L1 ~XHIPIT ‘IA” CONTRACT BETWEi~N THE BOARD OF DIRECTORS of COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY and the BOARD OF ADMINISTR.~TIoN of the CALIFORNI~~SThTL EiIPLOYEES’RETIREJ€NT SYSTErI THIS AGREE~NT made this 1st day of October ,1954, by and between the Legislative Body of COUNTY SANITi~TION DISTRICT NO.1 OF OR~GE COUNTY,hereafter referred to as “Public Agency”, and the Board of Administration,California State Employees’ Retirement System,hereafter referred to as “Board.” WITNES SETH: In consideration of the covenants and agreements hereinafter contained and on the part of both parties to be kept and per formed,Public Agency and Board hereby agree as follows: 1.Public Agency is to participate in the State Employees’ Retirement System,subject to the provisions of the State Employees’Retirement Law. 2.Public Agency shall participate in said itetireii~ent System,making its employees members of said System,from and after October 1,1954. 3.Employees of Public Agency in the following classes shall become members of said Retirement System in accordance with the provisions of said Retirement Law,governing membership in said Retirement System,and subject to the further exclusions from membership in the next following sentence: Number of Employees Eligible for Membership Classes of Employees On ~1,1954 a.Local Firemen,as defined in the State Employees’None Retirement Law ..... _______________________ b.Local Policemen,as de fined in the State Employees’Retirement None Law •.••. c.County Peace Officers,as defined in the State None Employees’Retirement law__________________________ d.Employees other than Local Firemen,Local Policemen,25 and County Peace Officers__________________________ In addition to the employees excluded from membership by said Retirement Law,the following employees shall not become members of the Retirement System: NO ADDITIONAL EXCLUSIONS Board and Public Agency agree that,except as provided in paragraph 12,no adjustment shall be made in the amount of contributions provided in paragraph 12a on account of prior service,or in the percentage provided in paragraph 12b,because of variations in the numbers of employees who become members of said Retirement System on the effective date hereof,from the number listed above,due to termination of service by such causes as death,resignation or discharge,or the employment of individuals not included in said number0 4.Age 60 shall be the normal minimum age for retirement for service,of miscellaneous members employed by public agency, that is,members other than Local Firemen,Local ~o1icemen and County Peace Officers,and one—sixtieth shall be the fraction of final compensation,as defined in said Retirement Law,to be provided on the average,for each year of service as a member,by the members’and Public Agency’s normal contributions,upon retirement at said minimum age. —2— 5~Benefits on account of prior service,that is,service credited hereunder as rendered to Public Agency prior to the effective date of participation,to respective members employed by Public Agency as Local Firemen,Local Policemen or County Peace Officers shall be allowed only as a percentage of the average salary specified in said Retirement Law,for each ~rear of such service,and said percentage shall be percent of the fraction of final compensation,as defined in the State Employees’ Retirement Law,for each year of service rendered after said date, as determined for said respective members under said law,for re tirement for service at age 55,or upon qualification for service retirement at a higher age.If a member retires for service before attaining age 55,his prior service pension shall be reduced to that amount which the value of the pension as deferred to age 55 will purchase at the actual age of retirement. 6.Prior service benefits to miscellaneous members employed by Public Agency,that is,members other than Local Firemen,Local Policemen or County Peace Officers,upon retirement for service at the normal minimum age entered in paragraph 4.hereof,shall be allowed only as a percentage of the average salary specified in Section 21253 of said Retirement Law,for each year of such service, and said percentage shall be 100 per cent of the percentage determined under said section.If a member retires for service before attaining the normal minimum age entered in paragraph 4. hereof,his Drior service i~ension shall be reduced to that amount which the value of the pension as deferred to said minimum age will purchase at the actual age of retirement. 7.If the fraction stated in the preceding paragraph is one—sixieth,the provisions of Section 21251.1 of the State Employees’Retirement Law,providing for a guaranteed percentage of final compensation for each year of current service as a member,SHALL apply to employees of Public Agency who become —3— members of said Retirement System. ~L The provisions of Section 21252.4 of the State Employees’ Retirement Law,providing for a guaranteed percentage of final compensation for each year of current service as a member,apply to employees of Public Agency who become members of the aetirement System as Local Firemen,Local Policemen or County Peace Officers. 9.The provisions of Section 2l25~b of the State EmployeesT ~etirement Law,guaranteeing a minimum retirement allowance under certain conditions shall apply to employees of Public ~~gency who become members of said Retirement System. 10.The provisions of Section 21367.51 of the State Employees’ Retirement Law,providing a $400 death benefit after retirement shall apply to employees of Public Agency who beco;~e members of said Retirement System.) 11.The provisions of Section 20025 oI’the State Employees’ Retirement Law,providing for the portion of compensation which shall be included in computations under the Retirement Law shall apply to employees of Public Agency who become members of said Retirement System. 12.Public Agency shall contribute to said Retirement System as follows: a.The sum of ~297GO~per annum,payable in equal monthly -r more or less frequent installments as Board shall require,for a period of 25 years,on account of the liability for benefits based on service rendered to Public Agency prior to the effective date hereof. b0 5,25a per cent of total salaries paid by Public Agency each month to its employees who are members of said Retirement System,provided that only salary earned as members of said System shall be included in said total salaries,and the employees who are members of said System shall include employees who becor~ie members upon the effective date hereof and employees —4- It who become members thereafter. c.A reasonable amount per annum,as fixed by Board,to cover the costs of administering said System as it affects the employees of Public Agency,not including the costs of special valuations or of the periodical investigation and valuation required by law,provided that said amount shall be determined on the basis of the number of employees of Public Agency who are members on July 1st of the respective fiscal years,or with respect to the first year of participation,on the effective date of said partici pation. d.A reasonable amount as fixed by the Board,payable in one installment from time to time as the occasions arise,to cover the costs of special valuations on account of employees of Public Agency,and the costs of the periodical investigation into the experience under said Retirement System,as it affects said employees,and the valuation of the assets and liabilities of said System on account of said employees. Contributions required of Public agency and its employees shall be subject to adjustment by the Board of Administration on account of amendments to the State Employees’Retirement Law,and on account of experience under the Retirement System,as determined by the periodical investigation,valuation and determination provided for by said Retirement Laws 13.Contributions required of Public Agency under paragraph 12 immediately preceding,and contributions required of Public Agency’s employees who are niembors of saidSystem,shall be paid by Public Agency to the State Employees’Retirement System within thirty days after the end of the month or longer period to which said contributions refer.If more or less than the correct amount of contribution required of Public Agency or its employees is paid for any period,proper’adjustment shall be made in connection with —5— 4 ~7 subsequent remittances of Public Agency to the Board,to rectify the errors;or such adjustments on account of errors made in contributions required of employees,may be made by direct cash payments between the employee in connection with whom the error was made,andBoard.Payments of Public Agency to Board may be made in the form of warrants,bank checks,bank drafts,certified checks,money orders,or cash. 14.The provisions of Section 20024.01 of the State Employees Retirement Law,which provide that “final compensation”shall mean the highest average annual compensation earnable by a member during ~ny period of three consecutive years during his membership in the System,SHALL APPLY to employees of Public Agency who beco~ne members of said Retirement System. Witness Our Hands the day and year first above written. ATTEST: ~ Secretary BOARD OF DIRECTORS Nánc of Legislative Body COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA Name of Public Agency By~q~9~ Chairman,B~’d of Directors County Sanitation District No,1 Crange County,California BOARD OF ADMINISTRATION STATE EMPLOYEES’RETIREMENT SYSTEM ATTEST: Is!Earl W.Chapman By Is]Donald Gallagher Executive Officer President,Board of Administra tion See original contract No..(7 in contract file for signatures of officers of the Board of Administration -6— ~_1 I ~ RESOLUTION NO.3~9—1 RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY, CALIFORNIA,RATIFYING AND APPROVING THE ACTION OF THE ATTORNEYS FOR THE DISTRICT IN AMENDING THE SECOND AMENDED COMPLAINT IN THE ACTION ENTITLED COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY, ET AL,PLAINTIFFS,VS.PETER KARALES,ET AL, DEFENDANTS,MODIFYING THE EXCEPTIONS THEREIN TO ESTABLISH THREE “DRILLING SITES”ON THE PROPERTY SOUGHT TO BE CONDEMNED. The Board of Directors of County Sanitation District No.1 resolves as follows: WHEREAS,the attorneys representing the districts in the action entitled County Sanitation District No.1 of Orange County,California, et al,Plaintiffs,vs.Peter Karales,et al,Defendants,in the Superior Court of California in and for the County of Orange,being No.60601 in said court,have amended the Second Amended Complaint therein to reserve to the defendants three certain “drilling sites’1 on the property sought to be condemned,which said drilling sites are described as follows: Beginning at a point which lies 11.15 feet East and 14.914 feet South of the N.i/k of Section 19, T.6 S.,H.10 W,,S.B.B.&M.,thence South 34° 147’561T East 2130.00 feet to a point,thence at an angle of 90 degrees in a Northeasterly direction,a distance of 30.00 feet to the point of beginning, thence continuing Northeasterly a distance of 150.00 feet,thence at an angle of 90 degrees in a South easterly direction,a distance of 150.00 feet,thence at an angle of 90 degrees in a Southwesterly direction, a distance of 150.00 feet,thence at an angle of 90 degrees in a Northwesterly direction,a distance of 150.00 feet to the point of beginning,this area being designated herein as Drilling Site No.1. Commencing at a point which is the center of Section 19,T.6 S.,R,10 W.,S.B.B.&M., proceeding Easterly 89°40’3)4?t E.a distance of 800.00 feet,to a point in above described line,thence at an angle.of 90 degrees Northerly a distance of 200.00 feet to the point of beginning;thence at an angle of 90 degrees Easterly a distance of 150.00 feet, thence at an angle of 90 degrees Northerly a distance of 150.00 feet,thence at an angle of 90 degrees Westerly a distance of 150.00 feet,thence at an angle of 90 degrees Southerly a distance of 150.00 feet to the point of beginning,this area being designated herein as Drilling Site No.2. -~1- Commencing at a point which is the center of Section 19,T.6 S.,R.10 W.,S.B.B.&N., proceeding Easterly N.890 4Q~3L1”E.a distance of 200.00 feet to a point on said line,thence at an angle of 90 degrees Northerly a distance of 200.00 feet to the point of beginning,thence at an angle of 90 degrees Easterly a distance of 150.00 feet,thence at an angle of 90 degrees Northerly a distance of 150.00 feet,thence at an angle of 90 degrees Westerly a distance of 150.00 feet,thence at an angle of 90 degrees Southerly a distance of’150.00 feet to the point of beginning,this area being designaged herein as Drilling Site No.3. Excepting also,in connection with and appurtenant to said Drill Sites,and each of’them,a right of way over,along and through the land hereinabove described for access to and from said drill sites and for the purpose of installing and maintaining necessary utility lines and pipe lines.Said rights of way shall not exceed 20 feet in width. NOW,THEREFORE,BE IT RESOLVED: That the Board of Directors of County Sanitation District No. of Orange County does hereby ratify and approve the action of the attorneys for the district in so amending the Second Amended Complaint herein and in reserving to the defendants the “Drilling Sitest’here inabove described. The foregoing resolution was passed and adopted at a regular meeting of the Board of’Directors of County Sanitation District No.]. of Orange County,California,on the 8th day of September,1954. ~ Secretary,Board of Directors County Sanitation District No.]. Orange County,California STATE OF CALIFORNIA) SB COUNTY OF ORANGE I,ORA MAE MERRITT,Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California,do hereby certify that the foregoing resolution was passed and adopted by the Board of Directors of County Sanitation District No.1 of Orange County,California,on the ~th day of September,1954,by the following roll call vote: -2- AYES:Directors Heinz Kaiser,J.L.McBride and Courtney R.Chandler NOES:Directors None ABSENT:Directors None IN WITNESS ~iHEF~EOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 of Orange County,California,this ~th day of October 1954 Secretary,Board of D±rectors County Sanitation District No.]. Orange County,California