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~
-~-