HomeMy WebLinkAboutDistrict 05 Minutes 1954-01-28•L’~JL
MINUTES OF REGULAR ADJOURNED MEETING
BOARD OF DIRECTORS,COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY,CALIFORNIA
January 2~,1954.at 5:00 p.m.
Council Chambers,City Hall
Newport Beach,California
Pursuant to adjournment of the last regular meeting,the
Board of Directors of County Sanitation District No.5 of Orange
County,California met in regular adjourned session at the hour
of 5:00 p.m.,January 2~,1954,in the Council Chambers,City Hall,
Newport Beach,California.
The Chairman called the meeting to order at 5:15 p.m.
The roll was called and the
the Board to be present:~
Directors present:
Directors absent:
Others present:
~ppointing a presiding.
chairman of the ~joint
meeting of the Boards
of Directörs~of.Distr
i~ts Nos.~and ~
Secretary reported a quorum of
Braden Finch (Chairman)
Willis H.Warner
Norman H.Miller
Lee M.Nelson
Harry Ashton
Roy Anderson
Ora Mae Merritt,Secetary
Director Braden Finch proposed
the Boards of Districts Nos.5
and 6 appoint a presiding Chair
man of this meeting.
Approval of minutes The Board of Directors took the
following action:
Moved by Director Braden Finch,seconded by Director
Willis H.Warner arid duly carried:
That the minutes of the regular meeting held on
January 13,1954 be approved as mailed out.
Moved by Director Braden Fincha seconded by Director
Willis H.~Tarner that the minutes of the special meeting
held on January 20,1954 be approved as mailed out.
Corre s~nd ence The Secretary read the following:
Report on completion and testing of the ocean outfall
sewer,marine section,submitted by Harrison &Woolley
and Headman,Ferguson &Carollo under date of January 27,
1954.
Whereupon,the Boards of Dire
ectors took the fbllowing action:
Moved by Director Brader~Finch,seconded by Director
A.H.Meyers and duly carried by the Boards of Directors
of County Sani.tation DIstricts Nos..5 and 6:
That Director Willis H.Warner be appointed presiding
Chairman of this meeting.
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t
Whereupon,the Board of Directors took the follow
ing actiori~
Moved by Director Braden Finch,seconded by Director
Willis H.Warner and duly carried:
That the report on construction and testing of the
marine section of the ocean outfall sewer be received and
ordered filed.
Ernployrneiit of Harrison &The Secretary read proposal
Woolley.,etal for do submitted by Harrison &Woolley
t4iledd~sign and s~eci and Headman,Ferguson &Carollo
ficatiorisfor Districts for engineering services to the
~ar~d 6 facilities Rocky Point and Bitter Point
pwnping stations and appurtenant
piping,fittings,etc.,for the fee of 4~2,5OO.OO.The Boards
of Directors took the following action:
Moved by Director Willis H.Warner,seconded by
Director Bradon Finch and duly carried:
That the proposal submitted by Harrison &Woolley and
Headman,Ferguson &Carollo be received and ordered filed.
Report of the General Manager Mr.Nelson reported tha~
Healy Tlbbitts Construction
Company had requested the Districts to accept the marine
section of the ocean outfall as functionally complete,and
upon deposit by them of ~25,OOO.0O as guarantee against
any damage which might be sustained prior to removal of
the trestle and excess construction materials and clean up
of job site,permit them to use the construction area
for storage until July 1,1954,and recommended consideration
of the contract which would grant this request.Mr.Nelson
recommended consideration of Change Order No.5,granting
an extension of time to and including January 27,1954
for construction of the marine section of the ocean outfall.
Mr.Nelson reported upon negotiations with Mr.
Peter Karales for property needed for a road to the
treatment plant.
Approval QfQharlge Order The board of Directors took
No.5,granting ariexten the following action:
iI~öri of ~ir~e to Healy
Tibb~ts:cQnstruction.~Moved by Director Braden Finch,
Company seconded by Director Willis H.
Warner,and duly carried:
That Change Order No...5,dated January 27,1954,as
recommended by the General Manager,granting time extension
of 50 calendar days to and including January 27,1954,all
in accordance with the provisions of the contract with
Healy Tibbitts Construction Company dated September 2,
1952,for construction of the marine section.of the ocean
outfall sewer,be and the same is hereby approved and
ordered filed in the office of the Secretary.
Acceptingthe.Oçean Outfall The Board of Directors adopted
Sewer~Mar~ne Section1~,
Resolution No.344,accepting
~uthorizing contract with the Marine Section of the Ocean
llealyTibbitts Constructio~i Outfall Sewer;authorizing
Company;~andQrdering execution of contract with
recordation of Noticeo~.Mealy Tibbitts Construction
Completion Company upon deposit of
—2—
r~-r~
~25,O0O.00 and ordering rec~rdation of Notice of C~u~p1etion
of Work.Certified copy of this resolution is attached
hereto and made a part of these minutes.
Report of legal counsel ‘Mr.Ashton reviewed written
•legal opinion submitted to
the Boards at the meeting held -
on January 27,1954 by Mr.C.Arthur Nisson,Jr.,relative
to basic differences of opinion regarding Agreement with
the J.0.S.;and the negotiations with Mr.Peter Karales
for acquisition of property for the treatment plant road.
Committee meetin~Mr.Nelson reported that
the Boards of Director of
County Sanitation Districts Nos.1,2,3,6,7 and 11
has passed a motion at the last joint meeting of the Boards
that the proposed agreement with the J.O.S.and the Sani
tation Districts be referred to a special committee compr
ised of the Chairman of each of the Boards for consideration
and advice to the Boards at the next joint meeting.
Authorizing purchase of The Board of Directors took
certain real property the following action:
from Peter Karales
Moved by Director Braden Finch,
seconded by Director Willis H.Warner and duly carried:
That County Sanitation Districts Nos.1,2,3,5,6,
7 and 1].shall pay the sum of ~l,416,O0 from Construction
Funds (Revolving Fund A)to PETER KARALES for the real
property interests of said PETER KARALES (excepting oil
interests)in the real property hereinafter described,and
that the attorneys representing the Districts in the con
demnation suit against PETER KARALES,et al.be
authorized to stipulate to an interlocutory judgment there-
for.
That real property situated in the Northeast
quarter of Fractional Section 19,Township 6
South,Range 10 West,S.B.B.&N.described
as follows:
PARCEL A
A 50 foot strip of land 25 feet on each side
of the following described center lines
Commencing at the point of intersection of
the West line of Parcel 4b in the judgment
recorded in Book 2540 at page 430 of
,Official Records of Orange County,Calif
ornia with a line running south 34°4.7’56”
East from a point which lies 11.15 feet
East and 14,94 feet South of the North
quarter corner of fractional section 19,
Township 6 South,Range 10 West,S.B.B.&M.;
running thence North 34°47’56”West to the
point of intersection with the Southeasterly
line of Wright Street.
PARCEL B
A triangular tract of land bounded on the
Southwest by the Northwest line of the strip
of land described as Parcel A hereof;on the
—3—
2,~
East by the West line of Parcel No.4b as
described in the judgment recorded in
Book 2540 at page 430 of Official Records
of Orange County,California,and on the
North by the north line of said Parcel 4b
projected westerly to its intersection with
the Northeast line of Parcel A hereof.
Report of the Finance Director Warner,Chairman of
Committee the Finance Commit~e~reported
he had reviewed the bills
listed ~~he Agenda and found them to be in Qrd3r and
recomm~:.:~approval for payment.
Joitit_Administ:’~t~ive
fl~vo~vin~nd
Warrant Registers
—
Moved by Director E~iec.Finch,
seconded by Director Willis H.Warner and duly c.arried
by roll call vote:
That the Joint administrative Warrant Register,
totaling ~99.6l and the Revolving Fund Warrant Register,.
totaling $1,740.22 be and they are hereby approved for
signature of the Chairmen and the County Auditor is
authorized to pay:
Joint Adminis
trative Warrant
Demand No.In Favor Of Amount
JA-47~Bales Office Equipment Company ~11.13
479 Dennis Printers and Stationers 27.80
480 Orange County Blueprint Shop 7.76
481 Santa Aria Typewriter Company 1.69
482 Standard Oil Company of California 18.59
483 Stein’s 2.64
48/f F.R..Harwood,Postmaster 30.00
99.61
Revolving Fund
Warrant Demand
No~In Favor Of
______
F-20 Harrison &Woolley,and Headman,
Ferguson &Carollo
________
Construction Fund
Warrant Register
Moved by Director Braden Finch,seconded by Director
Willis H.Warner and duly carried:
That Distric~t No.5 Construction Fund Warrant Register
be approved for signature of the Chairman and the County
Auditor is authorized to pay:
Warrant
Demand No.In Favor Of Amount
5-22 Harrison &Woolley,and Headman,
Ferguson &Carollo 157.81
The Board of Di~ctors took
the following action:
Amount
~1,740.22
The Board of Directors took the
following action:
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.2E0
That County Sanitation District No.6 be designated
contracting agent for itself and District No.5 in connec
tion with the proposed construction as recommended in
Section 10 of the report of the Engineers dated January L~
1954;and that the Boards of Directors pf County Sanitation
Districts Nos.5 and 6 be authorized to take such action as
is necessary in connection with such construction and for
the purpose of entering into contracts relative thereto.
Creating a Suspense Fund The Board of Directors adopted
from the Operating Funds Resolution No.31~creating
of Districts Nos.5 and 6 a suspense fund for paying cost
of constructing joint facilities
of Districts Nos.5 and 6.Certified copy.of this resolu
tion is attached hereto and made a part of these minutes.
Adjournment The Boards of Directors took
the following action:
I7Z~&~(~L~
Chairman,Board of Directors
County Sanitation District No.5
Orange County,California
Employing H~.rrison &The Board of Directors adopted
Woolley and Headman~Resolution No.346,employing
Ferguson &Carollo Harrison &Woolley and Headman,
Ferguson &Carollo for detailed
design and specifications for construction of facilities
of Districts Nos.5 and 6~Certified copy of this reso
lution is attached her~to and made a part of these minutes.
Appointing Lee M~Nelson The Board of Directors adopted
Purchasing Agent for Resolution No.347 appointing
DIstricts Nos.5 andô Lee M.Nelson as Purchasing
Agent for Districts Nos.5 and
6.Certified copy of this resolution is attached hereto
and made a part of these minutes.
Designating District No.6
as contracting agent for
itself and County Sani-~
tation District No.5 in
connection with the proposed
construction as recomniended
in Section 10 of the report
of the Engineers dated
January 4-,1954-
The Board of Directors of
County Sanitation Districts
Nos.5 and 6 took the following
action:
Moved by Director Braden Finch,
seconded by Director A.H.
Meyers and duly carried by roll
call vote of the Boards of
Directors of County Sanitation
Districts Nos,5 and 6:
Moved by Director Braden Finch,seconded by Director
A.H.Meyers and duly carried by the Boards ef Directors
of County Sanitation Districts Nos.5 and 6:
That this meeting be adjourned.
Whereupon,the Chairman declared the meeting of these
Boards so adjourned at 5:30 p.m.
ATTEST:
f~ctorsSecretary,Board
County Sanitation District No.~5
Orange Covnty,California
—5—
2C2
RESOLUTION NO.344—5
A RESOLUTION APPROVING AGREE~NT FOR
MODIFICATION OF CONTRACT FOR THE CON
STRUCTION OF OCEAN OUTFALL SEWER,MARINE
SECTION,WITH HEALY TIBBITTS CONSTRUCTION
COMPANY,DATED SEPTEMBER 2,1952
The Board of Directors of County Sanitation District No.5
of Orange County,California,does resolve as follows:
WHEREAS,the Contractor has completed the cor~struction in
accordance with the terms of the contract dated September 2,1952
for construction of the Ocean Outrall ‘Sewer (Marine Section),
~C~PTING ONLY for the removal of the construction trestle work
frcn:Station O~OO to Station l7,~5O and for the removal of his
excess construction materials,equipment,etc.;and
WHEREAS,County Sanitation District No.1 of Orange County,
California as contracting agent for itself and County Sanitation
Districts Nos.2,3,5,6,7 and 11,can advantageously make use
of the now completed Marine Section of the Ocean Outfall Sewer;
and
WHEREAS,it would be t~no disadvantage of these Districts
to permit the Contractor to use this construction area for the
storage of materials until July 1,1954,said construction area
being under lease by said Distr~.ct No.1 from the State of
Ca]:ifornia,Department of Natural Resources,Division of Beaches
and Parks,until this date;
NOW,THEREF~E,BE IT RESOLVED:
That the Chairman of the Board of Directors and the Secretar’
of County Sanitation.District No.1 of Orange County,California,
be and they are hereby authorized to execute an agreement on behalf
of said District and County Sanitation Districts Nos.•2,3,5,6,7
and 11,which agreement shall provide for the acceptance of the
construction of the Ocean Outfall Sewer,Marine Section,and waiving
the requirement of the removal by the Contractor of the constructior
trestle work from.Station O~OO to Station 17~5O a~d far the removal
of his excess construction materials,equipment,etC.,as a
requirement to acceptance of the work as completed and before
recording Notice of Completion of the contract dated September 2,
1952,and authorizing said Chairman and Secretary to sign and have
filed in the records of Orange County,California Notice of
Completion for the construction of said Marine Section of the Ocean
Outfall Sewer after the Healy Tibbitts Construction Company have
deposited with the Secretary of County Sanitation District No.1
a certified check in the sum of ~p25,OOO.OO which shall be deposited
by .~ai..d Secretary in the Suspense Fund of County Sanitation District
i~i,of Orange County,California,and held in said fund until
c.h.’~Healy Tibbitts Construction Company has removed all facilities,
eQuipment and materials without damage to any portion of the Ocean
Outfall and to the satisfaction of the Board of Directors of said
District and with approval of and continuing liability of the
bonding companies bonding said contractor;
BE IT FURTHER RESOLVED:
That upon the recording of Notice of Completion as hereinabo~
provided,the work shall be deemed to have been completed and
accepted by the District and finally completed and the contractor
er~tit~ed to payment therefor under the terms of his contract.
The foregoing resolution was passed and adopted at
adjourned
1”1~A~’meeting of the Board.of Directors of County Sanitation
District No.5 on the 2~th day of January
,1954.
~~~J~~
Secretary,Board of Directors
County Sanitation District No.5
Orange County,California
—2—
2~
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE )
I,ORA MAE MERRITT,Secretary of.the Board of Directors of
~
County Sanitation District No.5 of Orange County,California,
do hereby certify that the foregoing Resolution was passed and
adjourned
adopted at a regular/meeting of the Board of Directors of County
Sanitation District No.5 of Orange County,California,held
on the 2~th day of January
,~by the following roll
call vote:
AYES:Directors Braden Finch and Willis H.Warner
NOES:None
ABSENT:Norman H.Miller
IN WITNESS WHEBJ~OF,I have hereunto set my hand and affixed
the seal of County Sanitation District No.5 of Orange County,
California,this 2~th day of January ,l95~..
Secretary,Board of Directors
County Sanitation District No.5
Orange County,California
2~
RESOLUTION NO.34.6—5
RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICTS NOS.5 AND 6 OF ORANGE
COUNTY,CALI~OflNIA,APPROVING AND ACCEPTING
T~E PROPOSAL OF K.J.HARRISON AND J.A.~OOLLEY,
A CO-PARTNERSHIP EXISTING UNDER THE NAME OF
HARRISON &WOOLLEY,and SAM HEADMAN,BEi~FERGUSON
AND JOHN A.CAROLLO,A CO-PARTNERSHIP,EXISTING
UNDER THE NAME OF HEADMAN,FERGUSON &CAROLLO,
FOR THE PREPARATION OF DETAILED PLANS AND SPECI
FICATIONS FOR CERTAIN WORK rro BE DONE UNDER SECTION
10 OF THE REPORT OF SAID ENGINEERS,DATED JANUARY
~f
The Board of Directors of County Sanitation District No.5
resolves as follows:
WHEREAS,the contract between County Sanitation Districts
Nos.5 and 6 of Orange County,California,and K.J.Harrison and
J.A.Woolley,a co-partnership existing under the name of
Harrison &Woolley,and Sam Headman,Ben Ferguson and John A.Caro1].~,
a co-partnership,existing under the name of He~dmari,Ferguson &
Carol1~,provides that payment to said engineers for detailed plans
and specifications in the event of the cost of the work contemplated
is less than ~lOO,OOO.OO,shall be ri~got~iated between the parties;
and
WHEREAS,said engineers have submitted a proposal to the
Boards of Directors of Couney Sani~ation Districts Nos.5 and 6
wherein they propose to t~rnish necessary engineering,detailed
plans and specifications and general supervision,but not detailed
construction suçervision,for the work outlined in Section 10
of their report dated January 4,1954 for a lump sum of ~2,5OO.OO;
and
WHEREAS,it is in the best interest of the DistrictB that
said proposal be accepted;
NOW,THEREFORE BE IT RESOLVED:
That the proposal of K.J.Harrison and J.A.Woolley,
a co-partnership,existing under the name of Harrison &Woolley,
and Sam Headman,Ben Ferguson and John A.Carollo,a co-partnership
existing under the name of Headman,Feguson &Caro11~,for the
—1—
270
preparation of plans and speelfications for Item 10 as set forth
in the report of the Engineers,dated January 4,1954,be and
the same is hereby accepted;and.
BE IT FURTHER RESOLVED:
That payment for services in accordance with said proposal
shall be made to the Engineers within ten days after the date
of submission of the plans arid specifications from th3 re~pQctiv~
operating funds of County Sanitation Districts Nos,5 and 6 and
that payment shall be borne by äaid County Sanitation Districts
Nos.5 and 6 in proportion of 75.00%by County Sanitation District
No.5 and 25.00%by County Sanitation District No.6
adjourned
The foregoing resolution was passed and adopted at a regular!
meeting of the Board of Directors of County Sanitation District
No.5 on the ~th day of January,1954..
~~~
Se~cretary,Board of Director3
County Sanitation District No.5
Orange County,California
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE .)
I,ORA M:~E MEHF~ITT,Secretary of the ~3oard of Directors of
County Sanitation District No.5 of Orange County,California,
do hereby certify that the foregoing resolution was passed and
adjourned
adopted at a regular/meeting of the Board of Directors of County
Sanitation District No.5 of Orange County,California,held on
the 2~Øth day of January,1954,by the followinp roll call vote:
AYES:Directors Willis H.Warner and Braden Finch
NOES:Directors None
ABSENT~Direstors Norman H.Miller
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272
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the seal of County Sanitation District No.5 of
Orange County,California,this 2~thday of January
,1954.
çi2~•~
ecretary,Board of Directors
County Sanitation District No.5
Orenge County,California
27~
RESOLUTION NO.347-5
RESOLUTION APPOINTING LEE M.NELSON
PURCHASING AGENT WITHOUT COMPENSATION
FOR COUNTY SANITATION DISTRICTS NOS.
5 AND 6 OF ORANGE COUNTY,CALIFORNIA
The Board of Directors of County Sanitation District
No.5 resolves as follows:
RESOLVED:
That Lee M.Nelson,General Manager,be and he is
hereby appointed Purchasing Agent for County Sanitation Districts
Nos.5 and 6 of Orange County,California,without compensation;and
BE IT FURTHER RESOLVED:
That any other resolution or action of the Board in
conflict herewith be and they are hereby rescinded.
The foregoing resolution was passed and adopted at a
adjourned
regular/meeting of the Board of Directors of County Sanitation
District No.5 of Orange County,California,on the 2gth day
of January,1954.
~~2v~e ~
~ecr~tary
STATE OF CALIFORNIA)
55
COUNTY OF ORANGE )
I,.ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,
do hereby certify that the foregoing resolution was passed and
adjourned
adopted at a regular/meeting of the Board of Directors of County
Sanitation District No.5
,
heldon the 2~ch day of January,
by the following roll call vote:
AYES:Directors Willis H.Warner and Braden Finch
NOES:Directors None
ABSENT:Directors Norman H.Miller
-l —
‘~27S
IN WITNESS W}{EREOF,I have hereunto set my hand and
affixed the seal of County Sanitation District No,5 bf
Orange Count~r,California,this 2~th day of January ,1954.
c~‘2~‘
Secretary,Board of Directori
County Sanitation District No.5
Oronge County,Ca1iforn~.a
2~
RESOLUTION NO.3~~-5
RESOLUTION OF COUNTY SANITATION DISTRICTS
NOS.5 AND 6 OF ORANGE COUNTY,CALIFORNIA,
AUTHORIZING AND DIRECTING COUNTY SANITATION
DISTRICT NO.6 OF ORANGE COUNTY TO ESTABLISH
A SUSPENSE FUND FOR THE PURPOSE.OF PAYING
CONSTRUCTION OBLIGATIONS JOINTLY UNDERTAKEN
AND ESTABLISHING ThE PERCENTAGE OF CONTRI
BUTION THERETO.
The Board of Directors of County Sanitation District No.5
resolves as follows:
RESOLVED:
That County Sanitation District No.6 of Orange County,
California be and is hereby authorized and directed to establish
a Suspense Fund for the purpose of the payment of joint construct
ion obligations in connection with the construction of the facil
ities described in Section 10 of the Engineer’s Report dated
January 4,1954 on file in the office of the Secretary of the
Districts and that each District bear the percentage costs of
the obligations chargeable to the fund in the following percentage:
District No.5 -75.00%
District No.6 -25.00%
BE IT FURTHER RESOLVED:
That upon the request of the General Manager of the Districts
made to the Auditor of the Districts the necessary funds be trans
ferred from the Operating Funds of said Districts to the Suspense
Fund herein provided for.
The foregoing resolution was passed and adopted at a
adj ourned
regular/meeting of the Board of Directors of County Sanitation
District No.5 of Orange County,California on the 2~th day
of January,1954.
~~1/e~~
Secretary
—1—
2~O
STATE OF CALIFORNIA)
ss
COUNTY OF ORANGE
I,ORA MAE MERRITT,Secretary of the Board of Directors of
County Sanitation District No.5 of Orange County,California,
do hereby certify that the foregoing Resolution was passed and
adjourned
adopted at a regular/meeting of the Board of Directors of County
Sanitation District No.5 of Orange County,California,held
on the 2~th day of January
,1954,by the following roll
call vote:
AYES:Directors Willis H.Warner,and Braden Finch
NOES:None
ABSENT:Director Norman H.Miller
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the seal of County Sanitation District No.5 of Orange County,
California,this 2~thday of January ,
l95~.
~
Sedretary,Board of D.irectors
County Sanitation District No.5
Orange County,California