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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, -2- 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. -3.- 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. —5-, 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: -6— 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 -8-.