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HomeMy WebLinkAboutDistrict 03 Minutes 1952-10-08MINUTES OF REGULAR MEETING BOARD OF DIRECTORS COUNTY SAI~IITATIC DISTRICT NO.3 ORANGE COUNTY,CALIF O~NIA October ~,1952 at E~:00 p.m. Room 239,1104 1jIest Eighth Street Santa Ana,California The Board of Directors met in regular session at the hour of ~:0O p.r.~.,October ~,1952 in Room 239 at 1104 West Eighth Street,~anca aria,ua1~fornia. Chairman Finch called the joint meeting of the Districts~ Boards to order at ~:10 p.m. Th~roll was called and the Secretary reported a quorum of the Board to be present: Directors present:Nelson M.Laurer (Chairman pro tern) Willis H.Warner,Joseoh Webber, and C.R.Miller Directors absent:Huph W.Warden Others present:Raymond R.Ribal C.Arthur Nisson,Jr. - K~J.Harrison Harry Ashtori Ora Mae Merritt,Secretary Chairman pro tern The Board of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director C.R,Miller and duly carried: That Director Nelson M.Launer be appointed Chairman pro tern; Corespondence The Secretary read the following letters and communications: 1.Letter from Mr.Raymond R.Ribal,Chief Engineer and General Manager for the Districts,in which he tendered his resig nation to become effective not later than October 31, 1952. 2.Letter and bill dated September 11,1952 from the City of Newport Beach,being Final Report for the furnishing and installing 12~?pipe sewer line over upper bay, Newport Bay. I Acceptance 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 inspection if Mr.Ribal’s employment terminated 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 Willis H.Warner,seconded by Director C.N.Nelson,and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That the resignation of Mr.Raymond R.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 31,1952. The Boards of Directors took the following action: Moved by Director Willis H.Warner,seconded by Director Courtney R.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 Committee’s 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 Committee, present the Committee’s report as the next order of business. -2— Report of the Finance Chairi~~an 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 legaifty of the proposed modification. Mr.Warner asked t1~at the Boards hear from the Legal counsel before hearing the Committeets report.I 1Vjr~Nisson and Mr.Ashton each submitted a copy of their written legal opinions to the Directors. Mr.Nisson reported upon a conference with Mr.Lindeman of the law firm of O’Melveny &Myers as set forth in his written legal opinion.Mr.Nisson stated that reversing the Ellis Avenue line and sttll 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 providing the percentage of payment is indicated. Mr.Nisson stated that Mr.Lindotuan 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 concurred in the opinion of Mr.Nisson in principal,that their differences were in the matter of degree rather than basic principles,as were set forth in his written legal opinion. Chairman Warner read the Finance Conmittee~s report, bearing the signatures of Committee members Finch,Boney and Warner.This report is on file in the office of the S cc ret a ry. Chain~an Warner reviewed the modification plan with the use of a chart of coriparat;ive figures,and gave the following summary of the Committee ‘s report and recoinrien— dation: 1.There are insuffic~erit 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 proposed modification plan offers ehe best oppor tunity to secure the equivalent accomplisment in lieu of those proposed under the original plan with the funds available. L1.The plan can best be carried out by placing full responsibiliLy of engineering and construction 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 riodificatibh.plan and engineering be con sidered together as a joint program,all being subject to the approval of the Districts’attorneys, Mr.Nisson and Mr.Ashton,as to the legality thereof. —3— Chairman Warner read the proposal of Harrison &Woolley, Headman,Ferguson &Carollo,dated October 8,l9~2,for the per formance of preparing detailed design and specifications,estimate~ of quantities and costs,change order plans and/or sketches where such changes do nob 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 struotion 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 riodification plan and recommendations of the Finance Committee.Director Launer reviewed facilities of District No.3 affected by the Modification Plan and outlined items where division of capacities should he 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 be used by that District.Chairman Finch stated that under the Modified Plan,overall percentages for all Districts would reiTlain the sane as in the 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 thatthis principal was established when the existing facilities wore purchased.Director Lan~onbeck 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 Co~t~following action: Moved by Director Willis H.Warner,seconded by Director Courtney R.Chandler: That the program as submitted by the Finance Committee be approved in principal and that the Committee 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 notion in which Directors Launer and Hurieston 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 would have in the event of unsatisfactory performance;and in response to a question put by Director Langonbeck,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 bhe Districts to rcpor~ upon the performance of work being done under the contract. The vote was polled by roll call and the Secretary reported the motion carried by the following vote: BOARD OF DIRECIORS DISTRICT NO.1 Ayes:Directors Courtney R.Chandler, J.L.McBride and Willis H. Warner Noes:None Absent:None -L~— BOARD OF DIRECTORS ~STRICT NO.2 Ayes:Directors Robert H.Boney~Don B.Haiber,Frank J.Schweitzer, Jr.,Charles E.Stevens,Willis H.Warner and William H. Hirseein Noes:None Absent:Director Hugh W.Warden BOARD OF DIRECTO DISTRICT NO.3 Ayes:Directors NelsonM.Launer, Willi~H.Warner,C.iL Miller and Joseph Webber Noes:None Absent:Director Hugh W.We~rden BOARD OF DIRECTORS - DISTRICT NO.5 Ayes:Directors Braden Finch,Norman H.Miller and Willis H.Warner Noes:None Absent:None BOARD OF DIRECTORS DISTRICT NO.6 Ayes:Directors C.M.Nelson,Norman H.Miller and Willis H. Warner Noes:None Absent:None BOARD OF DIRECTORS DISTRICT NC.~Ayes:Directors J.L.McBride and Willis H.Warner Noes:None Not Voting:Director Vincent L.Humeston Absent:None BOARD OF DIRECTORS DISTRICT NO.ll~Ayes:Directors Vernon B.Langenbeck, Roy Seabridge and Willis H. ~arr~er 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 roll call vote constituted an aye or nay vote. Mr.Nisson referred to Robert’s 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 order of business following action: Moved by Director Don B.Haiber,seconded by Director Courtney H.Chandler and duly carried that the meeting return to the usual order of business, —5— Approval of Minutes The Boards of Directors took the following action: 1~ Moved by Director Robert H.Boney,seconded by Director Courtney R.Chandler and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6, 7andfl: That the minutes of the meeting held on September 10,1952 be approved as mailed out. Joint Administrative The Boards of Directors took the Warrant Register following action: Moved by Diroctor Courtney R,Chand~ler,seconded by Director Frank J.Scbweitzor,Jr.,and duly carried by theBoards of Directors of County Sanitation Districts Nos.1,2,3,5,6, 7 and 11: Warrant Demand No.In Favor Of Amount JA-205 Bales Office Equipment Company $l2.~2 206 Barr Lumber Comapny 76.28 207 McCoy Dnig Company 1.25 208 McFadclenDale Hardware Co.23.93 209 Ora Mae Merritt 6,00 210 The Pacific Telephone &Telegraph Co.70.00 211 Walter G.Ramsey 15.30 212 Rankin’s 3,62 213 Santa Ana Register 1.60 2lL~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~.0O 220 Kenneth L.Perry 6.90 ~56L~O Revolving Fund NA”The Boards of Directors took the Warrant Regis to1 following action: Moved by Director Vernon B.Langonheck,seconded by Director Courtney R.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 ~~Au Warrant Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount A-l6~Orange County Blueprint Shop Suspense Fund The Boards of Directors took the ~7arränt Resister following action: Moved by Director C.M.Nelson,seconded by Director Courtney H.Chandler and thly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That.the Suspense Fund Warrãht Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount g-25 Ra~iond N.Hertol 77.L~O ‘ Report of the Chief Mr.Ribal read his report to the En~L~erand~’Directors.This report is on file in General Manager the office of the Secretary, Mr.Ribal recommended that the Districtst employees whose services will not be needed by the Districts for engineering, supervision and construction be notified as to the length of their employment and upon temination they be given paid vacation commensurate with the time they have served the Districts. The Boards of Directors took the following action: Moved by Director Nelson N.Launer,seconded by Director Courtney R.Chandler and duly carried: That the present employees of the joint Districts be re tained until November 1,1952 and that they be given vacation commensurate with the length of employment,based upon two weeks per year. Referral to the The Boards of Directors took the Executive “~o~f~Eft~following action: Moved by Nelson N.Launer,seconded by C.H.Miller and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6~7 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 &gineer and General Manager. New_Business Director Vernon E.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.Nis~on would sever his connection with the civic body he represents.After a ger.~eral discussion upon the Executive Corinitteets recommendation for 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 and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6, 7 and 11: That clarification of terms o~enp1oyrient of Mr.Nissan as general counsel for the District~bo held over and presented to the Boards at the next meeting. Adjournment The Boards of Directors took the following action: -7.. 4 Moved by Director Frank J.Schweitzer,-Jr.,seconded by Director Joseph ~Jebber and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11: That the meeting be adjourned. dhereupon,the Chairman declared the meeting so adjourned at 10:10 p.m. • ~~‘;ni,BoardofD~ectorsChairma County Sanitation District No.3 Orange County,California ATTEST: •~2/~fDiJ~sSecretary,Board o County Sanitation District No.3 0ranr~e County,California 1~ -~-