HomeMy WebLinkAboutDistrict 06 Minutes 1952-10-081S8
MINTUi!S OF RAMJLAR ME~PI}!G
3O..ttD OF DIRi~CTORS
COtJ!!TY SArITATICN DISTRICT &o.6
ORANGE COUHTY,CILIFO&{IA
October 8,1952 at 8:00 p.m.
Room 239,1104 Jest Eighth Street
Santa Aria,California
The Board or Directors met in regular session at the hour
of 8:00 p.ta.,October C,1952 in Room239 at 1104.West 2ightlr
Street,Santa Aria,California.
Chairman Finch called the joint meeting of the Districts’
Boards to order at 8:10 p.m.
The roll was called and the Secretary reported a quorum of
the Board to be present.
Directors present:C.M.Nelson (Chairman)
Willis H.Warner
Norman H.Miller
Directors absent:None
Others present:Raymond R.Ribal
C.Arthur Nisson,Jr.
Harry Ashton
K.J.Harrison’
Ora Mae Merritt,Secretary
Correspondence The Secretary read the follo’iing
letters and reports:
1.Letter fron Mr.Raymond R.Ribal Chief &t&ineer 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.
Acc~ptanceof the A general discussion was held upon
Resignation of the affect the resignation of Mr.
the Chief Engine~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 an.d 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.l~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.~iJarner,seconded by Director
Courtney R4 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,Chainnan 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
Coririittee the last meeting of the Boards,the
Finance Committee was authorized to
proceed with discussions with the engineers upon the propose~
modification 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 sear from the legal counsel
before hearing the Coririitteets 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 1’lr.L,indeman 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 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
providing the percentage of payment is indicated.
Mr.Nisson stated that Mr.Lindeman 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 Committee’s report,
bearing the signatures of Committee 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 coriparabive figures,and gave the
following summary of the Committee a report and recoznrien—
dation:
1.There are insuffic:Lent funds available to construct
the plan under the ori~inal bond proposal.
2.lb 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 accomplisrnent 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 cons truc tion
supervision arid 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 being
subject to the approval of the Districtst 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 8,1952,for the per
forriance 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 No.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
l-Iurneston 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 same 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 that this principal was established when the existing
facilities wore 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 Corn 1ft
____
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 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 ti~i~Directors a~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 i~iould 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 ade~juately
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 roll call and the Secretary
reported the motion carried by the following vbte:
BOARD OF DII~ECIORS
DISTRICT NO.1 Ayes:Directors Courtney H.Chandler,
J.L.McBride and Willis H.
Warner
Noes:None
Absent:None
—L1.—
I.—.~
~.U ~
BOARD OF DIRECTORS
]NO.2 Ayes:Directors Robert H.Boney,Don
B.Haiber,Frank J.Schweitzer,
Jr.,Charles E.Stevens,Willis
U.Warner and William H.
H irs !~e in
Noes:None
Absent:Director Hugh W.Warden
BOARD OF DIRICTORS
DISTRICT NO.3 Ayes:Directors NelsonM.Launer,
Willis H.Warner,C.IL Miller
and Joseph Webber
Noes:None
Absent:Director Hugh W,Warden
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 O~D1Rf~u1ORS
DISTRICT NC.7
—
Ayes:Directors J.L,McBride ahd
Willis H •Warnr
Noes:None
Not Voting:Director Vincent L,Humeston
Absent:None
BOARD OF DIRECTORS
DISTRICT NO,11 Ayes:Directors Vernon E.Langenbeck,
Roy Seabridge and Willis H.
Warr1e 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 Robert’s Rules of Order and reported
that the response “Not Voting”to roil 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 I)irector
Courtney R.Chandler ~nd duly carried that the.meeting
return to the usual Qrder of business.
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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
Directors of County Sanitation Districts Nos.1,2,3,5,6,
7 and 11:
That the minutes of the meeting held on September 10,1952 be
approved as mailed out.
Joint Administrative
Warrant Register
The Boards of Directors took the
following action:
Moved by Director Courtney R.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
Demand No
JA-205
206
207
208
209
210
211
212
213
2114
215
216
217
218
219
220
In Favor Of
Bales Office Equipment Company
Barr Lumber Coriapny
McCoy Dn~ig Company
McFadden Dale Hardware Co.
Ora Mae Merritt
The Pacific Telephone &Telegraph Co.
Walter G.Ramsey
Rankin’s
Santa Ana Register
City of Santa Ana
Singer Sewing Machine Company
Standard Oil Company of California
Davis Stationers
Dennis Printers
Ace Rents
Kenneth L.Perry
Amount
12,~2
76.28
1.25
23.93
6.00
70.00
15.30
3.62
1.60
212.00
2.78
33.148
5.99
88.85
14.00
6.90
5614.50
Moved by Director Vernon B.Langenheck,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 f~Au Warrant Register be approved for signature and
payment of:
Warrant
Demand No In Favor Of Amount
Moved by Director C.M.Nelson,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 the Suspense Fund Warrant Register be approved for
signature and payment of:
Revolving Fund’~A”
Warrant Re~is ter
Th.e Boards of Directors took the
following action:
A-16
Suspense Fund
Warrant Register
Orange County Blueprint Shop
—
9.17
The ~oards of Directors took the
following action:
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I.,
Warrant
Demand No,In Favor Of Amount
S-2~Rayriond M.Hertel
Report of the Chief Mr.Ribal read his report to the
Engineer and -Directors.This report is on file
General Manager in 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 enployment and upon termination 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 M.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 they be given vacation
CorLT~1eflSUratO with the length of emplo~pient,based upon two
weeks per year.
Referral to the_____The Boards of Directors took the
~xecutiveC~itt~following action:
Moved by Nelson N.Launer,seconded by C.H.Niller and dul:y
carried by the Boards of Directors of County Sanitation Districts
Nos.1,2,3,~,6,7 and 11:
That the Executive Committee he requcsted to make recom
mendation to the Boards for filling the vacancy created by the
resignation of the Chief Engineer and General Manager.
Operating Fund The Board of Directors of County
Warrant Res~t~r Sanitation District No.6 took the
following action:
Moved by Director Noi~ian H.hiller,seconded by Director
C.M.Nelson and duly carried:
That District No.6 Operating Fund Warrant Register be
approved for signature and payment of:
Warrant
Demand No.In Favor Of Amount
6-30 Harry Ashton 22.92
Construction Fund The Board of Directors of County
~Jarran~Regi~e~Sanitation District No.6 took the
following action:
Moved by Director Norman H.Miller,seconded by Director
C.h.Nelson and duly cb~rried:
That District No.6 Operating Fund Warrant Register be
approved for signature and pa~nent of:
—7—
Warrant
Demand No.In Favor Of Amount
6-21 Raymond G.Osborne Laboratories $129.00
22 Roland E.Lockwood 67.L~O
23 Francis H.Bulot 2l6.L~8
2L~Orange County Blueprint Shop 9.lL~
25 J.S.Barrett 27,058.68
26 Harry Ashton L~9.L~5
~27,530i3
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.Nisson would sever
his connection with the civic body he represents.‘After a
general discussion upon the Executive Corwiittee’s recor’]mendation
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 M.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 ten~js of employment of Mr.Nisson
as general counsel for the Districts be held over and presented
to the Boards at the next meeting.
Adjournment The Boards of Directors took the
following action:
Moved by Director Frank J.Schweitzer,Jr.,seconded by
Director Joseph Webber and duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,5,6,7
arid 11:
That the meeting be adjourned.
Whereupon,the Ghairrian declared the meeting so adjourned
at 10:10 p.m.
Ch~r~an,Board ~of Directors
—
County Sanitation District No.6
Orange County,California
ATTEST:
~
_______
Secretary,Board of DYrectors
County Sanitation District No.6
Orange County,Ca1i~ornia
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