HomeMy WebLinkAboutDistrict 02 Minutes 1952-10-08I’iI1~TIJi~OF RI~GULAR MEETIEG
DO~RD OF DIR~CT0RS
COUI’~TY Si IT~~~IC’K DISTRICT KO 2
OU~G.~CL)ULTY,C1~LIFU1dIA
October ~,1952 at ~:00 p.m.
Room 239,1104 Jest Eighth Street
Santa Ana,California
The Board of Directors met in regular session at the hour
of ~:C0 p.m.,October ~,1952 in Room 239 at 1104 West i~ighth
Street,Santa Aria,California.
Chairman Finch called the joint meeting of the Districts~
Boards to order at ~:1O p.m.
The roll was called and the Secretary reported a quorum of
the Board to be present.
Directors present:Robert H.Boney (Chairman),
Don B.Haiber,Charles B.
Stevens,Frank J.Schweitzer,
Jr.,William H.Hjrstein and
Willis H.Warner
Directors absent:Hugh W.Warden
Others present:Rayriond R.Ribal
C.Art~hur Kissor
,Jr.
Harry Ashton
K.J.Harrison
Ora Mae Merritt,Secretary
~~ncl~ence The Secretary read the following
letters and reports:
1.Letter from Mr.Raymond•R.Rihal,Chief Engineer and
General Manager for the Districts,in which he tendered
his resignation to become effective ndt later than
October 31,1952.
2.Letter and bill dated September 11,1952 from the City
of Newport Beach,being the Final Report for the
furnishing and installing l2~pipe sewer line over
Upper Bay Cro ssin.g,Newport Say.
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a
~j~ce of the A general discussion was held upon
Resignation of the affect the resignation of Mr.
the Chief Engineer Ribal would have upon construction
and General Manager work now under way.Director McBride
requested information as to what
method of procedure would be legal to provide supervision and
inspectiion if Mr1 Ribal’s employment te±~minated before the
completion of Districts Nos.1 and 6 lines.
Mr.Nisson stated that District No.1 and District No.6
could each appoint another Chief Engineer and General Manager,
or they could negotiate with the contractor for provision of
some other method of inspection.
A motion was made by Director Will~Ls H.Warner,seconded
by Director C.M.Nelson,and duly car~ied by the Boards of
Directors of County Sanitation District~Nos.1,2,3,5,6,
7 and 11:
That the resignation of Mr.Raymond H.Ribal as Chief
Engineer and General Manager for the Districts to become effec
tive as of October 31,1952 be accepted with regret;and that
Mr.Ribal be and he is hereby authorized to take two weeks
vacation with pay before October 31,l9~2.
The Boards of Directors took the
following action:
Moved by Director Willis H.Warner,seconded by Director
Courtney H.Chandler and duly carried:
That Chairman Finch be requested to write a termination of
employment letter to Mr.Ribal.
Change in the usual Chairman Finch reported that the
order of business
.
Chairman of the Finance Committee
would not be able to remain for all
business on the Agenda and suggested consideration of the
Finance Coximitteets report as the next order of business.
The Boards of Directors took the following action:
Moved by.Director Courtney R.Chandler,seconded by
Director Joseph Webber and duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,5,
6,7 and 11:
That the Boards waive the usual order of business
and that Director Warner,Chairman of the Finance Conmittee,
present the Conriitteets report as the next order of business,
1t~3~.T
Report of the Finance Chairman Warner reported that at
Committee
___
the last meeting of the Boards,the
Finance Committee was authorized to
proceed with discussions with the engineers upon the proposed
modification plan and the legal counsel to return a report
to the Boards upon the legality of t~e proposed modification.
Mr.Warner asked that the Boards heai~from the legal counsel
before hearing the Committee’s report.
Mr.Njsson and Mr.Ashton each submitted,a copy of their
written legal opinions to the Directors.
.jV~r•Nisson reported upon a conference with Mr.Lindeman of
the law finn of O’Melveny &Myers as set forth in his written
legal opinion.Mr.Nisson stated that reversing th~Ellis
Avenue line and still having it paid for by all Districts
would constitute no illegality providing each District’s
overall percentage of use and the overall distribution of
cost is maintained as contained in the original report;and
providinig the percentage of payment is indicated.
Mr.Nisson stated that Mr.Lindcman did not care to give a
written opinion until the plan had been worked out completely
and that while no charge was made for the conference,
O’Melveny &Myers would charge for any subsequent opinion.
Mr.Ashton stated that he concur±~ed in the opinion of
Mr.Nisson in principal,that their differences were in the
matter of degree ra~her than basic principles,as were set
for~th in his written legal opinion.
Chairman Warner read the Finance Committee’s report,
bearing the signatures of Cor-imittee members Finch,Boney
and Warner.This report is on file in the office of the
Secretary.
Chairman Warner reviewed the modification plan with
the use of a chart of cori.parat;iv~figures,and gave the
following summary of the Committee’s report and recoimnen
dation:
1,There are insufficient funds available to construct
the plan under the original bond proposal.
2.It is desirable to construct the marine section of
the outfall to the full 7000 feet.
3.The prpposed modification plan offers the best oppor
tunity to secure the equivalent accomplisrient in
lieu of those proposed under the original plan with
the funds available.
L~.The plan can best be carried out by placing full
responsibility of engineering and constn~ct~on
supervision and inspection under the jurisdiction of
the Design Engineers,including the Ocean Outfall
Marine Section,and that a modified contract be
negotiated with the Design Engineers to accomplish
the recommendations.
~.That the modification plan and engineering be con
sidered together as a joint program,all b~ing
subject to the approval of the Districts’attorneys,
Mr.Nisson and Mr.Ashton,as to the legality
the reef.
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Chairman Warner read the proposal of harrison &Woolley,
Headman,Ferguson &Carollo,dated October 8,l9~2,for the per—
fornance of preparing detailed design and specifications,estimates
of quantities and costs,change order plans and/or sketches where
such changes do not require redesign,computation of progress and
partial and final estimates and distribution of costs,field studies
and preliminary surveys,recommendation to the Boards when con
struction work is satisfactorily completed,complete supervision of
construction and preparation upon completion of the work,a set of
“as built”plans.This proposal is on file in the office of the
Secretary.
There followed a discussion upon the modification plan and
recommendations of the Finance Conmi.ttee.Director Launer reviewed
facilities of District No.3 affected by the I’~odification Plan and
outlined items where division of capacities should be maintained
upon an equitable basis in the land and all facilities.Director
Humeston questioned a plan whereby a certain District would par
ticipate in cost of construction of a facility or purchase of a
plant site which would not he used by that District.Chairman Finch
stated that under the Modified Plan,overall percentages for all
Districts would remain the sane as in t].~e original plan;if a
District helped to pay on an item it would not use,it would get a
correspondingly larger portion in the items that other Districts
pay for;and that this principal was established when the existing
facilities were purchased.Director Langenbeck stated he believed
there was no thought other than to work out the proposed program
upon a fair and equitable basis,and pledged that District No.11
would not vote for anything which was not equitable.
Instructions to the The Boards of Directors took the
~inance Cô~T~e~following action:
Moved by Director Willis H.~arner,seconded by Director
Courtney R.Chandler:
That the program as submitted by the Finance Committee be
approved in principal and that the Connittee be authorized
to complete with the legal counsel a contract with the en
gineers,in the interest of getting the work underway,and
submit it to the Directors at the next meeting.
There followed a general discussion of the motion in
which Directors Launer and Humeston asked for a clarification
of the statement in the fixed foe proposal of the design
engineers relative to control of the work and what recourse
the Districts ~uld have in the event of unsatisfactory
performance;and in response to a question put by Director
Langenbeck,Mr.Harrison stated that the design engineers
would have no objection to a contract that would adequately
safeguard the Districts with a protective clause for the
employment of consulting engineers by the Districts to report
upon the performance of work being done under the contract.
The vote was polled by roil call and the Secretary
reported the motion carried by the following vote:
BOARD OF DIR~C~EORS
DISTi~ICT NO.1 Ayes:Directors Courtney R.Chandler,
__________________—
J.L.McBride and Willis H.
Warn a r
Noes:None
Absent:None
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BOARD OF DIRECTORS
1J~STRICT NO.2 Ayes:Directors Robert H.F3oney,Don
-
B.Haiber,Frank J.Schweitzer,
Jr.,Charles E.Stevens,Wi~Us
H.Warner and William H.
Hirst em
Noes:None
Absent:Director Hugh W.Warden
BOARD OF DIRECTORS
DISTRICT NO.3 Ayes:Directors Nelson~M.Launer,
Willis H.Warner,C.FL Miller
and Joseph Webber
Noes:None
Absent:Director Hugh W.Warden
BOARD OF DIRECTORS
DISTRICT NC.5 Ayes:Directors Braden Finch,Norman
H.Miller and.Willis H.Warner
Noes:None
Absent:None
BOARD OF DIRECTORS
DISTRICT NO~
—
Ayes:Directors C.M.Nelson,Norman
H.Miller and Willis H.
Warner
Noes:None
Absent:None
BOARD OF DIRECTORS
DISTRICT FTC.7 Ayes:Directors J.L.McBride and
lilis H.Warner
Noes:None
Not Voting:Director Vincent L.Humeston
Absent:None
BOARD OF DIRECTORS
DISTRICT NO.ii -Ayes:Directors Vernon B.Langenbeck,
Roy Seabridge and Willis H,
Warne r
Noes:None
Absent:None
After announcement of the vote,Director Langenbeck requested
statement of the rule as to whether the response “Not Voting”by a
Director on roil call vote constituted an aye or nay vote.
Mr.Nisson referred to Robert1s Rules of Order and reported
that the response “Not Voting”to roll call vote is the same as
though the vote had been on the prevailing side.
Return to usual -The Boards of Directors took the
~of business following action:
Moved by Director Don B.Haiber,seconded by Director
Courtney R.Chandler and duly carried that the meeting
return to tI~e usual order of business.
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Approval of Minutes The Boards of Directors took the
following action:
Moved by Director Robert H.Boney,seconded by Director
Courtney R.Chandler and duly carried by the Boards of
Direcbors of County Sanitation Districts Nos.1,2,3,5,6,
7 and 11:
That the minutes of the rieeting held on September 10,1952 be
approved as nailed out.
Joint Administrative The Boards of Directors took the
Warrant Register following action:
Moved by Director Courtney IL Chandler,seconded by Director
Frank J.Schweitzer,Jr.,and duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,5,6,
7andll:
Warrant
-
Denand No.In Favor Of Amount
JA-205 Bales Office Equipment Company l2.~2
206 Barr Lumber Conapny ‘76.28
207 YcCoy Drug Company 1.25
208 McFadden Dale Hardware Co.23.93
209 Ora Mae Merritt 6.00
210 The Pacific Telephone &felegraph Co.70.00
211 Walter G.Ramsey 15.30
212 Rankin’s 3.62
213 Santa Ana Register 1.60
2]4 City of Santa Ana 212.00
215 Singer Sewing Machine Company 2.78
~216 Standard Oil Company of California 33.L~8
217 Davis Stationers 5.99
218 Dennis Printers 88.85
219 Ace Rents L~.00
220 Kenneth L.Perry 6.90
4~56L~.50
Revolving Fund_“A”The Boards of Directors took the
Warrant Register following action:
Moved by Director Vernon E.Langenheck,seconded by Director
Courtney IL Chandler and duly carried by the Boards of Directors
of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 that
Revolving Fund “A”Warrant Register be approved for signature and
payment of:
Warrant
Demand No,In Favor Of Amount
A-16 Orange County Blueprint Shop $
-
9~~i
Suspense Fund The Foards of Directors took the
Warr~t Register following action:
Moved by Director C.M.Nelson,seconded by Director Courtney
R.Chand1er~and ~1y carried by the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7 and 11:
That the Suspense Fund Warrant Register be approved for
signature and payment of:
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Warrant
DeriandNo.In Favor Of Amount
3-2~Raymond N.Hertel
Report of the Chief Mr.Ribal read his repo~’t to the
Engineer and Directors.Thi~report is on fil.e in
General Manager the office of the Secretary.
Mr.Ribal recommended that the Districts’employees whose
services will not be needed by the Districts for engineering,
supervision and construction be notified as to the length of
their employment end upon ten~iination they be-givon paid
vacation commensurate with the tine they have served the
Districts.
The Boards of Directors took the following action:
Moved by Director Nelson 1~i.~Launer,seconded by Director
Courtney H.Chandler and duly carried:
That the present employees of the joint Districts be re
tained until November 1,l9~2 and that the.y be given vacation
commensurate with the length of employment,based upon two
weeks per year.
Referral to the The Boards of Direc~ors took the
Executive Committee following action:
Moved by Nelson N.Launer,seconded by C.R.Miller and duly
carried by the Boards of Directors of County Sanitation Districts
Nos.1,2,3,~,6,7 and 11:
That the Executive Committee be requested to make recom
mendation to the Boards for filling the vacancy created by the
resignation of the Chief Engineer and General Manager.
New Business Director Vernon B.Langenbeck
requested clarification as to the terms of employment of
general counsel for the Districts,stating that at the time
of employment of the attorney he believed it was agreed
that Mr.Nisson would sever his connection with the civic
body he represents.After a general discussion upon the
Executive Con.ittee’s recommer.dationfor employment of
general counsel and the Resolution of employment of Mr.
Nisson,the Boards of Directors took the following action:
Moved by Director Nelson N.Launer,seconded by
Director Joseph H.Webber arid duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,~,6,
7 and 11:-
That clarification of terms of employment of Mr.Nis.~oi
as general counsel for the Districts be held over and
pres~nted to the Boards at the next meeting.
Adjournment The Boards of Directors took the
following action:
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Moved by Director Frank J.Schweitzer,Jr.,seconded by
Director Joseph ~1ebber and duly carried by the Boards of Directors
of County Sanitation Districts Nos.1,2,3,5,6,7 and II:
That the meeting be ad~journed.
Whereupon,the Chairman declared the meeting so adjourned
at 10:10 p.m.
~~,BoardofDirectors~~
County anitation District .2
Orange County,California
ATTi~ST:
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Secretary,Board of Directors
County Sanitation District No.2
Oranie County,California