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HomeMy WebLinkAboutDistrict 07 Minutes 1952-10-081~8 i’iINTU~S OF R~GULAR MEETII’:G ~OAF~D OF DIR~CTCRS COUI~Ty SAI~nITATIC1.T DISTRICT I0.7 ORAN OS 000ETY,CALIFC1ThIA October €;,1952 at ~:OO p.m. Room 239,110L1.;~Test ~ighth Street Santa Ana,California The Board of Directors met in regular session at the hour of ~:OO p.m.,October ~,1952 in Roon~239 at 11014.West i~ighth Street,Santa Ama,California. Chairman Finch called the joi~’it meeting of the Districts’ Boards to order at {~:lO ~.11i. The roll was called and the Secretary reporter a quorum of the Board to be present. Directors present:Vincent L.Humeston (Chairman) J.L.McBride Willis I-I.Warner Directors absent:None Others ires ent:Ra~mond R.Ribal’ C.Arthur Nisson,Jr. Harry Ashton K.j.Harrison’ Cra Mae Merritt,Secretary Correspondence The Secretary read the follo~iing letters and reports: 1.Letter from Mr.Raymond R.Iiibal,Chief Engineer and General Manager for the Districts,in which he tendered hi.s 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 l2~pipe sewer line over Upper Bay Crossing,Newport Say. -1- 1 ~7 S 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 Moe.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 H.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 Corn~aittee - would not be able to remain for all business on the Agenda and suggested consideration of the Finance Committeets 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 iJebber 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 modification plan and the legal counsel to return a report to the Boards upon the legality of the proposed modification. J~ir 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 finn of O’Nelveny &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, Q~Nelveny &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. Chairnan Warner read the Finance Committee’s report, bearing the signatures of Committee rieribers Finch,Boney and Warner.This report is on file in the office of the S cc ret a ry. Chairman Warner reviewed the modification plan with the use of a chart of coriparativq figures,and gave the following summary of the Conr~ittee~s report and recoinrien— dation: 1.There are insuffic:LeI-lt 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 accoriplisrnent 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 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 Districts’attorneys, Mr.Nisson andMr.Ashton,as to the legality thereof. -3— jr~q *L-*J 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,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 studios 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 Hurieston 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 F’inch stated hat under the Modified 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 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 bhat District No.11 would not vote for anything which was not equitable. Instructions to the The Boards of Directors took the ~inance Cn~tf~e 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 Coririittee be authorized to complete with the legal counsel a contract with the en gineers,in the interest of gettir,g 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 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~ould have in the event of unsatisfactor~j 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 roll call and tI~e Secretary reported the motion carried by the following vote: BOARD OF DIPLECIORS DISTRICT NO.1 Ayes:Directors Courtney R.Chandler, J.L.McBride and Willis I-I. Warner Noes:None Absent:None -Lb 170 BOARD OF DIRECTORS DISTRICT NO.2 Ayes:Directors Robert H.Boney,Don B.Haiber,Frank J.Schweitzer, Jr.,Charles E.Stevens,Willis H.Warner and William H. Hirstein Noes:None Absent:Director Hugh W.Warden BOARD OF DIRECTORS DISTRICT NO.3 Ayes:Directors NelsonM.Launer, Willis H.Warner,C~II.Miller arid 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 DI!-~bCTOi~S ~ISTRICT NO.6 Ayes:Directors C.N.Nelson,Norman H.Miller and Willis H. Warner Noes:None Absent:None BOARD OF DIRECTORS DISTRICT NO.7 — Ayes:Directors J.L.McBride and WI1ILi s H.Warner Noes:None Not Voting:Director Vincent L.Humeston Absent:None BOARD OF DIRECTORS DISTRICT NO.li~Ayes:Directors Vernon E.Langenbeck, Roy Seabridge and Willis H. i~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 ofbusiness 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. —5— Ap~r~val 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 The Boards of Directors took the Warrant Register following action: Moved by Director Courtney fl.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 •In Favor Of Amount JA-205 Balcs Office Equipment Company l2.~2 206 Barr Lumber Coriapny 76.28 207 McCoy Drug Company 1.25 208 McFadden Dale Hardware Co.21.93 209 Ora Mae Merritt 6.00 210 The Pacific Telephone &Telegraph Co.70.00 211 Walter (11.Rarasey 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~.00 220 Kenneth L.Perry 6.90 ~56Lj..50 Revolving Fund_~A~’The Boards of Directors took the Warrant RegisEer following action: Moved by Director Vernon E.Langenheck,seconded by Director Courtney R.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 ‘7A”Warrant Register be approved for signature and payment of: Warrant Demand No.In Favor ~Arioun~ A-16 Orange County Blueprint Shop — 9.17 Suspense Fund The Boards of J)irectors took the Warrant Register following action: 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: -6.. 172 Warrant Demand No.In Favor Of Amount S—25 Raymond N.Hertel 77~ Report of the Chief Mr.Ribal read his report to the Engineer and Directors.This report is on file in General Manager the office of the Secretary, Mr.Hibal 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 employment and upon termination they be given paid vacation commensurate with the tine they have served the Districts. The Boards of Directors took the following action:. Moved by Director Nelson N.Lanner,seconded by Director Courtney H.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 Committee following action: Moved by Nelson N.Launer,seconded by C.H.Miller and duly carried by bhe 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 Engineer and General Manager. New Business Director Vernon B.Langenbock requested clarification as to the terms of employment of general counsel for the Districts,stating that at the time of onnloyment of the attorney he believed it was agreed that ivir’.Njsson would sever his connection with the civic body he represents.After a general discussion upon the Executive Committee’s 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.Laurier,seconded by Director Joseph H.~Jebber arid duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6, 7 and 11: That clarification of terms of employment of Mr.Nisso~ 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: —7— 173 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 aUjourned. ~dbereupon,the Chairman declared the meeting so adjourned at 10:10 p.m. h~an,oa~~~ctors County Sanitation District No.7 Or3nge County,California ATTEST: Secretary,Board of Di.~’ectors County Sanitation District No..7 Oranrr,e County,California -E~—