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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. -1-- 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. —3— 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 -— 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. —5— - 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: -6— 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: -7~. 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: ~~//~~ Secretary,Board of Directors County Sanitation District No.2 Oranie County,California