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.
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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.
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Report of the Finance Chairman Warner reported that at
Committee
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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.
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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
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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.
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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
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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.
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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
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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:
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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:
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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
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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
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