HomeMy WebLinkAboutMinutes 1959-04-29MINUTES OF THE REGULAR ADJOURNED MEETING OF THE
BOARD OF DIRECTORS,COUNTY SANITATION
DISTRICT NO.2
ORANGE COUNTY,CALIFORNIA
April 29,1959 at the hour of 8:00 o’clock p.m~
Room 239,1104 West Eighth Street
Santa Ana,California
Pursuant to adjournment of the regular meeting on April 8,195
the Board of Directors of County Sanitat~cn District No.2 of
Orange County,California,met in a regular adjourned meeting at
the hour of 8:00 o’clock p.m.,April 29,1959 in Room 239 at 1104
West EIghth Street,Santa Ana,California.
The Chairman called the~meeting to order at 8:00 o’clock p.m.
The roll was called and the Secretary reported a quorum presen~
Directors present:
Directors absent:
Others present:
~and reading
sealed Droposa!~i-ub
mitted for cons~.t—
ion of tt~e South
AnaheIm L~t~•~otor
Trunk J~T -~T~J~
No.2-2
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action:
Frank J.Schweit~!er,Jr.(C~-iaIrman)
Howard M,Corriweli
Glenn G.Fry
Dale H.He~n1y
W,A.~4acK1nnon
Rex A.Parks
i~aymond L.Pound
Walter W.Walker
Willis H.Warner
Robert W.Wardlow
Lee M.Nelson
C.Arthur NIsson,Jr.
Paul G.Brown
WIlliam H.Hlrstein
Harry C.Billings
Conrad Honer
Ora Mae Merritt,Secretary
This being the time and place fixed for
opening,reading arid examliiing sealed
proposals submitted for construction of
the South AnaheIm Trunk Sewer,Contract
No.2—2,pursuant to legal notices call!;
for bids published In the Placentla
Courier in the manner prescribed by law,
the Board of Directors took the fol1owin~
Nc~red by Director Dale H.Heinly,seconded by Director
Glenn G.Fry and duly carried:
That the Secretary be directed to open and read sealed
propbsais received for construction of the South Anaheim
Interce~t.or Trunk Sewer,Contract No.2-2.
Whereu~en~.said sealed proposals were publicly opened,
examined and read.
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at
Moved by Director Dale H.Heinly,
seconded by Director Glenn G.Fry
and duly carried:
That proposals received and read
this meeting for construction of
the South Anaheim Interceptor Trunk
Sewer be referred to the Engineers
tabulation and recommendation to
Mr.Lee M.Nelson,General Manager;
reported that business items concern
ing the districts were all of a
legal nature and would be reported upon by the.General Counsel.
Mr.Nis3on,General Counsel,reporte(
upon 1-i!s ai~earances before
State Legi~L~tiVe Committees in
Sacramento on behalr of the County Sanitation Districts of
Orange County.
Mr.C.Arthur Nisson,Jr.,General
____________________________
Counsel,reviewed the copy of his
_____________________________
letter dated April 22,1959 prev
______________________________
iously mailed to the Directors,
relative to considerable monetary
____________________________
savings which would accrue to each
of the Sanitation Districts by
litigating points of dispute with the State of California,
Division of Highways,Department of Public Works with particular
reference to the last paragraph of Section 703 of the Streets
and Highways Code.
It was recommended by Mr.Nisson that County Sanitation
District No.2 file suit for a writ of mandate requiring the
State Department of Highways to issue sewer crossing permits
to County Sanitation District No.2 ~t the location of Garden
Grove Boulevard and Berrydale Street for sewers under constr
uction and without waiver of Section 703 of the Code.
Mr.Nisson stated that clarification of this issue is of
financial concern to all of the Sanitation Districts and
properly chargeable to the Joint Administrative Organization
if approved by each of the Boards of Directors.
After a discussion on the report of Mr.Nisson,the
Boards of Directors of County Sanitation Districts Nos.2 and
3 took the following actions
Moved by Director Dale H.Heinly,
seconded by Director ~llis H.
That the Board of Directors of County Sanitation District
No.2 hereby authorizes and directs Miller,Nisson,KoglEr,Wenke
and Arthur M.Bradley,attorneys at law,to bring action
against the State of California,Department of Public Works,
Division of Highways,in the name of County Sanitation District
No.2 to determine if the District must accept permits from
the Division of Highways waiving the provisions of Section
703 of the Streets and Highway Code and to interpret related
provisions of the law applicable to such permits;and
Bids received for constr
uction of the South
Anaheim Interceptor Trunk
Sewer referred to the
Engineers and the General
Manager for tabulation and
recommendation
and the General Manager
the Board.
0
for
Report of the
General Ivianager
Report of the
General Counsel
Authorizing and directing.
Miller,Nisson,Kogler,
Wenke and Arthur M.Bradley~
attorneys at law~.to bring
action against the State
Division of Highways
0
District No.2
Warner and duly carried:
0
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That payment for legal services of said attorneys so
occupied in said action is hereby authorized to be made
from the Joint Operating Fund at the same rates as fees
heretofore fixed and authorized by Resolution No.1459 ror
extra or special legal services required to be performed
by the General Counsel.
District No.3 Moved by Director Willis 11.Warner,
seconded by Director John H.Dunham
and duly carried:
That the Board of Directors of County Sanitation District
No.3 hereby approves and authorizes County Sanitation District
No.3 to participate in sharing all costs incurred by County
Sanitation District No.2 in its lawsuit against the State of
California,Department of Public Works,Division of Highways,
concerning clarification of Section 703 of the Streets and
Highways Code;and that payment of saId costs are hereby
authorized to be made from the Joint Operating Rmd.
Adjournment Moved by Director Willis H.Warner,
seconded by Director Glenn G.Fry
and duly carried:
That this meeting be adjourned.
Whereupon,the Chairman declared the meeting of the
Board of Directors of County Sanitation District No.2 so
adjourned at the hour of 8:25 o’clock p.m.
Chairman,Board of Directors
County Sanitation District No.2
Orange County,California
ATTEST:
Secretary,Board of Directors
County Sanltation.District No.2
Orange County,California
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MINUTES OF T}~REGULAR ADJOURNED P4EETTNIJ OF THE
BOARD 01”DIRECTORS,(~OUN’TY SANiTATION
PISTRIC’J.’NO.3
ORAN’~E COUNTY,CALIFORNIA
Anr~1.¶~Q.1959 at.the hour of 8:00 o’clock p.m.
Room 239,1104 West Eighth Street
Santa Ana,California
Pursuant to adjournment of the regular adjourned meeting held
Ofl April 22,1959,the Board of Directors of County Sanitation
District No.3 of Orange County,California,met in a regular
adjourned meeting at the hour of 8:00 o’clock p.m.,April 29,1959
in Room 239 at 1104 West Eighth Street,Santa Ana,California.
The Chairman called the meeting to order at 8:00 o’clock p.m.
The roll was called and the Secretary reported a quorum
present.
Howard M.Cornwel].(Chairman)
Thomas Baroldi
Herbert Cook
John R.Thinhani
Paul C.Furman
Earl T.Irby
W.A.MacKinnon
W.A.Peak
Frank 3.Schweitzer,Jr.
Walter W.Walker
Glenn G.Fry
Willis H.Warner
Directors absent:Jim Kanno
Lee M.Nelson
C.Arthur Nisson,Jr.
Paul G.Brown
William H~,Hirstein
Harry C.Billings
Conrad Honer
Ora Mae Merritt,Secretary
______________
Mr.Lee M.Nelson,General Manager,
________________
reported that all business items at
this mee~1ng were of alegal nature
upon by the General Counsel.
______________
Mr0 C.Arthur Nisson,Jr.,General
________________
Counsel,reviewed the copy of his
letter dated April 2?.,.1959 previously
mailed to all Directors,relative to consIderable monetary
savings which would accrue to.e~ch of the Sanitation Districts
by litigatIng points of dis~ute with the State of California,
Division of Highways,Department of Public Works,with par
ticular reference to the last paragraph of Section 703 of the
Streets and Highways Code.
It was recommended by Mr.Nisson that County Sanitation
District No,2 file suit for a writ of mandate requiring the
State Department of Highways to issue sewer crossing permits
to County Sanitation District No.2 at the location of
Garden Grove Boulevard and Berrydale Street,for construction
of trunk sewers,without wiaver of Section 703 of the Code.
Directors present:
Others presetit:
Report of the
General Manager
and would be reported
Report of the
General Counsel
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Mr.Nisson stated that clarification of this issue is of
financial concern to all of the Sanitation Districts and
properly chargeable to the Joint Administrative Organization
if approved by each of the Boards of Directors.
After a discussion on the report given by Mr.Nisson,the
Boards of Directors of County Sanitation Districts Nos.2 and
3 took the following actions:
District No.2 Moved by Director Dale H.Heinly,
zeconded by Director Willis H,Warner
and duly carried:
That the Board of Directors of County Sanitation District
No.2 hereby.authorizes and directs Miller,Nisson,Kogler,
Wenke and Arthur M.Bradley,attorneys at law,to bring action
against the State of California,Department of Public Works,
Division of Highways,in the name of County Sanitation
District No,2 to determine if the District must accept permits
from the Division Qf Highways waiving the provisions of
Section 703 of the Streets and Highway Code and to intrepret
related provisions of the law applicable to such permits;and
That payment for legal services of sait attorneys so
occupied in said action is hereby authorized to be made from
the Joint Operating Fund at the same rates as fees heretofore
fixed and authorized by Resolution No,1459 for extra or
special legal services required to be performed by the
General Counsel.
District No.3 Moved by Director Willis H.Warner,
seconded by Director John R.Dunham
and duly carried:
That the Board of Directors of County Sanitation
District No.3 hereby approves and authorizes County Sanitation
District No.3 to participate in sharing all costs incurred by
County Sanitation District No,2 in its lawsuit against the
State of California,Department of Public ~brks,Division of
Highways,concerning clarification of Section 703 of the
Streets and Highways Code;and that payment of said costs
are hereby authorized to be made from the Joint Operating
Pund.
0
Letter received and Moved by Director Willis H,Warner,
ordered filed as sub seconded by Director Earl T,Irby and
mitted by the Engineers duly carried:
and the General Manager
relative to irregularity That letter submitted by the Engineers
in the bid of George and General Manager,recommending that
Dakovich,Contractor the Board waive irregularity contalnec
in the bid of George Dakovich,Contractoi
for construction of the Miller—Holder Trunk Sewer,Contract
No,3-4A and that award of contract be made to said contractor
for the work to be done,and that tabulation of bids for the
Miller-Holder Trunk Sewer,Contract No.3-4A,submitted by
the Engineers and the General Manager,be received and ordered
filed in the office of the Secretary of the District.
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Award of contract to George Upon a motion made by Director
Dakovich,Contractor,for W.A.MacKinnon,seconded by
construction of the Miller Glenn (1.Fry and duly carried,the
Holder Trunk Sewer Board of Directors adopted Resolution
Contract No.3-4A;and No.638-3,waiving irregularity in thc
authorizing the Chairman and bid of George Dakovich,Contractor,
Secretary to sign contract for construction of the Miller—Holder
for said work Trunk Sewer,Contract No.3-4A,and
awarding contract to George Dakovich,
Contractor for the work to be done;ordering tabulation of
bids and recommendation of the Engineers and General Manager
received arid filed in the office of the Secretary of the
District;and authorizing and directing the Chairman and
Secretary of the District to sign contract on behalf of the
District in accordance with the award heretofore made to
George Dakovich,Contractor.Certified copy of this resolution
is attached hcreto and made a part of these minutes.
Adjour’~ent Moved by Director Willis 1L Warner,
seconded by Director Earl T.Irby
and duly carried:
That this meeting be adjourned.
Whei’eupon,the Chairman declared the meeting of County
Sanitation District No.3 so adjourned at the hour of 8:25
o’clock p.m.
Chairman,Board of Directors
County Sanitation District No.3
Orange County,California
ATTEST:
Secretary,Board of Directors
County SanitatioQ District No.3
Orange County,California
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