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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 _____ 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. —1— 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 —2— 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 -3- . . . 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 —1— 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. —2— 0 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 -3-