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HomeMy WebLinkAboutDistrict 05 Minutes 1952-10-08166 NIRTUiiS OF LflULAR MEETI}G tJOARD OF DIRECTORS C0U~TY SM’ITATIC}!DISTRICT i~0.5 ORANGE COUETY,C~LI?0~tF;IA October 8,1952 at 8:00 p.m. Room 239,1104 ~iest ~aghth Street Santa Aria,California The Board of Directors met in re’~ular session at the hour of 8:00 p.m.,October 8,1952 in Room239 at 1104 West 3ighth Street,Santa Ana,California. Chairman Finch called the joint meeting of the Disti’icta’ Boards to order at 8:10 p.n. The roll was called and the Secretary reported a quorum of the Board to be present. Directors present:Braden Finch (Chairman) Willis H.Warner Norman H.Miller Directors absent:None Others present:•Raymond R Ribal C..Art’ttur Nisson,Jr. Harry Ashton i;.J.llarrisorr Ora Mae Merritt,Secretary fl~yresnondence The Secretary read the follQwing letters and reports: 1.Letter fron Mr.Raymond R.itibal Chief &gineer and General Manager for the Distric~s,in which he tendered his resignation to become effective not 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 12”pipe sewer line over Upper Bay Crossing,Newport Bay. —1- 167 Acceptance of the A general discussion was held upon 1~esignation 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 riethod of procedure would be legal to provide supervision and inspection if Mr.Ribal’s employment terriinated 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 notion 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 II: 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 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 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 ~Iebber 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 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 rio dificat ion plan and the legal counsel to return a report to the Boards upon the legality of the proposed modification. Mr.Warner asked that the Boards hear from the legal counsel before hearing the Committee’s report. Mr.i\Tisson 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’Nelveny &Myers as set forth in his written legal opinion.Mr.Nisson stated that re~iersing the Ellis Avenue line and still having it paid for by all Districts would constitute no illegality providing each District1s 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.Linderian 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 riatter of degree rather than basic principles,as were set forth in his written legal opinion. Chairman Warner read the Finance Committee’s report, bearing the signatures of Committee members Finch,Boney and Warner.This report is on file in the office of the S acre t a ry. Chairman Warner reviewed the modification plan with the use of a chart of comparativ~figures,and gave the following s~imary of the Committee’s report and recoxnrien— 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 proposed modification plan offers the best oppor tunity to secure the equivalent accomplisment 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 construction supervision and inspection under ehe ju~risdiction 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. 5.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 thereof. —3,- Chairman Warner read the proposal of Harrison &Woolley, Headman,Ferguson &Carollo,dated October 6,1952,for the per formance 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 Committee.Director Launer reviewed facilities of District ~o.3 affected by the Modification 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 be used by that District.Chairman Finch stated bhat under the lviodified Plan,overall percentages for all Districts would remain the sane as in the original plan;if a District helped to pay on an item it would not use,it would got 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 Lanp~enbeck stated he believed there was no thought other than to work out the proposed program upon a fair and equitable basis,and pledged bhat District No.11 would not vote for anything which was not equitable. Instructions to the The Boards of Directors took the Finance Committee — following action: Moved by Director Willis H.Namer,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 riceting. - There folLowed a general discussion of the motion in which Directors Launor 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 i~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 repor~ 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 DIRECIORS DISTRICT NO.1 Ayes:Directors Courtney R.Chandler, __________________— J.L.McBride and Willis H. Warner Noes:None Absent:None —— iTO BOARD OF DIRECTORS Ayes:Directors Robert H.Boney,Don ~ISTRICT NO.2 B.Haiber,Frank J.Schweitzer,Jr. Charles E.Stevens,Willis H. Warner and Williari H.Hirstein Noes:None Absent:Director Hugh W.Wardo.n BOARD OF DIRECTORS DISTRICT NO 3 Ayes:Directors Nelson N.Launer,Willis H.Warner,C.H.Miller and Joseph Webb or Noes:None Absent:Director Hugh W.Warden BOARD OF DIRECTORS Ayes:Directors Braden Finch,Norman H. DISTRICT NO 5 Miller and Willis H.warner Noes:None Ayes:None BOARD OF DIRECTORS Ayes:Directors C.M.Nelson,Willis H. DISTRICT NO.6 Warner and Norman H.Miller Noes:None Absent:None BOARD OF DIRECTORS Ayes:Directors Willis H.Warner and DISTRICT NO.7 J,L.McBride Noes:None Not voting:Director Vincent L.1-lumeston Absent:None BOARD OF DIRECTORS Ayes:Directors Willis H.Warner, DISTRICT NO.11 — Vernon E.Langenbeck and Roy Soabridge Noes:None Absent:None After announcement of the vote,Director Langenbeck requested statement of the rule as to whether the response “Not Voting~1 by a Director on the roll call vote constituted an aye or nay vote. Mr.Nisson referred to Roberts 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, ~eturn to Usual The Boards of Directors took the Order of Business following action: Moved by Director Don B.Haiber,seconded by Director Courtney R.Chandler and duly carried that the meeting return to the usual order of business. Chairman pro torn Director Warner left the meeting __________—~ at 9:30 p.ri.The ~‘o~trd of Dirocto~ of County Sanitation District No. 11 took the following action: Moved by Director Langcnbeck,seconded by Director Seabridge and duly carried: That Director Roy Seabridge be appointed Chairman pro tern of the Board of Directors of County Sanitation D~,strict No.11. —5— 171 Approval of Minutes The Boards of Directors took the following action: Moved by Director Robert H.Boney,seconded by Director Courtney H.Chandler and duly carried by the Boards of Directors 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 mailed out. Joint Administrative The Boards of Directors took the Warrant Register following action: Moved by Director Courtney H.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., 7 and 11: War rant Deriand No •In Favor Of Amount JA-205 Balos Office Equipment Company l2.~2 206 Barr Lumber Comapny 76.28 207 McCoy Drug Company 1.25 208 McFadden Dale Hardware Co.23.93 209 Ora Mae Merritt 6.00 210 The Pacifi.c Telephone &2elegraph Co.70.00 211 Walter G.Ramsey 15.30 212 Rankin’s 3.62 213 Santa Ana Register 1.60 2iL~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 I)ennis Printers 88.85 219 Ace Rents L~,O0 220 Kenneth L.Perry 6.90 ~56i~S~ Revolving Fund_~A”The Boards of Directors took the Warrant Register following action: Moved by Director Vernon E.Langenheck,seconded by ~irector Courtney H.Chandler and duly carx~Iod by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7 and 11 that Revolving Fund !1A”Warrant Register be approved for signature and payment of: Warrant Demand No,In Favor Of Amount A-16 Orange County Blueprint Shop - 9.17 Suspense Fund The ~oards of Directors took the Warrant Register following action: Moved by Director C.N.Nelson,seconded by Director Courtney H.Chandler and duly 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— i72 Warr ant Demand No.In Favor Of Amount S-25 Raymond N.Hertel 7~,L~O Report of the Chief Mr.Ribal read his report to the EngTneer and Dire~tors.This report is on file in and Gene~ana~ei the office of the Secretary. iir.Ribal recoririended that the ~employees whose services will not be needed by the Districts for engineering, supervision and consti~ction be notified as to the length of their employment and •upon termination they be ~,iven paid vacation coi~mensurate with the t:ime 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 o:C the joint Districts be re tained until Nover~be1’1,1952 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 ~àT~1 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.1,2,3,5,6,7 and 11: That the Executive Committee be requested to make recoin riendation to the Boards for filling the vacancy created by the resignation of the Chief Engineer ~nd General Manager, Operating Fund The Board of Directors of County Warrant Re~ster Sanitation District No.5 took the following action: Moved by Director J.L,McBride,seconded by Director Courtney R.Chandler and duly carried: That District No.5 Operating Fund Warrant Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount 5-23 City of Newport Beach $8,039.57 2L~Harry Ashton 35.L~ ~t3,o71+.99~ New_Business Director Vernon E’.Langenbeck requested c~iarification 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 represen~s.After a general discussion upon the Executive Committee’s recom~ nondation for employment of general counsel an...the Resolution. of employment of Mr.Nisson,the Boards of Directors took the following action: —7— 173 Moved by Director Nelson N.Launer,seconded b~r Director Joseph H.~.Iebber and 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 Nr.i’~isson as general counsel for the Districts be held over and presented to the Doards at the next meeting: Adjournment The Boards of Directors took the following action: Noved by Director Frank J.Schweitzer,Jr.,seconded by Director Joseph ~ebher and duly carried by the Boards of Directors of County Sanitation Districts Nos,1,2,3,~,6, 7 and 11: That the meeting be adjourned. ~,ihereupon the Chairman declared the meeting so adjourned at 10:10 p,ii. Chairman,hoard of Directbrs County Sanitation District No.5 Orange County,California. ATTEST: ~ _____ Secretary,i~o~rd of ~ire~ors County Sanitation District No.5 Orange County,California -8-. RESOLUTION NO.22~-5 j7E4 RESOLUTION OF COUNTY SMilTATICN DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA,ACCEPT ING THE T~JELVE-INCH PIPE SEWER CROSSING OF THE UP P ~It BAY CF N EWP 0 AT,AS P ER THE F ~N AL REPORT ~ThE CITY ENGINEER,J.13.WEBB, O~’THE CITY OF N EWPORT BEACH,AND AUTH ORIZ ING PAYMENT THER~’OR. 1j~THEREA5,the City of Newport Beach has caused to be constr ucted by authority granted by Resolutions Nos.143-5 and 153-5 of County Sanitation District No.5,a twelve-inch pipe sewer crossin”~of the Upper Bay of Newport,and WHEREAS,the City of Newport Be•~.ch has paid the eost of said construction,NOW THER~ORE,BE IT RESOLVED:That said twelve-inch pipe sewer crossing of the Upper Bay of Newport be and the same is hereby accepted as per the Final Report of City Engineer J.B.Webb of Newport Beach, dated September 11,1952. FURTHER RESOLVED:That the City of Newport Beach be paid the sum of 3~,O39.57 as itemized in the said final report.Pay-. ment to be made from the Operating Fund of County Sanitation District No.5. The foregoing Resolution was passed and adopted at a regilar meeting of the Board of Directors of County S~nitation District No.5 on October ~,1952. Secretary,Board of Directors County Sanitation District No. Orange County,California STATE OF CALI~’URNIA) as COUNTY OF ORANGE ) I,OR1~~iAE i~LERRITT,Secretary of the Board of Directors of County Sanitation District No.5 of Orange County,California do hereby certify that the foregoing resolution was passed and adopted by the Board of Directors of County Sanitation District No.5 of Orange County,California,at a regular meeting of said Board held on the ~th day of October,1952,by the following roll call vote: 175 AYES:Directors Tlillis H.Warner,Norman H.Miller and Braden Finch NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of County Sanitation District No.5 of Orange County, California,this ~th day of October ,1952. Secretary,Board of Directors County Sanitation District No.5 Orange County,CaU.fornia —2—