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~—