HomeMy WebLinkAboutDistrict 11 Minutes 1952-10-08185
MIRTUi!S OF RS3ULAR MEflI~G
BOARD 0?DIRECTORS
COTJrTY SAFITATICI!T)ISTRICT NO.11
ORANGS COUFTY,CALIFOaLcIA
October 8,1952 at 8:00 p.m.
Room 239,1104 Jest Eighth Street
Santa Aria,California
The Board of Directors met in regular session at the hour
of 8:00 p.m.,October 8,1952 in Room 239 at 1104.West Sighth
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 th9 Secretary reported a quorum of
the Board to be present.
Directors present:Willis H.Warner (Chairman)
Vernon E.Langenbeck
Roy Seabridge
Directors absent:None
Others present:Raymond R.Ribal
C.Arthur Nisson,Jr.
Harry Ashton
K.J.Harrison’
Ora Mae Merritt,Secretary
~g,.rres~onder.ce The Secretary read the following
letters and reports:
1.Letter frori Mr.Raymond R.Ribal Chief &tgineer and
General Manager for the Districts,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 l2~pipe sewer line over
Upper Bay Crossing,Newport Bay.
el..
Acceptance of the A general discussion was held upon
Resigriatiön of the affect the res~gn~t1on of Mr~
th&’Chief Bthgineër~Ribal would have upon construction
arid General Manager work now under way.~irector 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 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.M.Nelson,and duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,S,6,
7andll:
That the resj~~ation of Mr.Raymond R.Ribal as Chief
Engineer and Genera~Manager for the Districts to become effec
tive as of October 31,19~2 be accepted with regret;and that
Mr,Ribal be and he is hereby authorized to take two weeks
vacation with pay before October 31,l9~2.
The Boards of Directors took the
following action:
Moved by Director Willis H.Warner,seconded by Director
Courtney R.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 ~.Chandler,seconded by
Director Josep~i 1Jebber and duly carried by the Boards of
Directors of County Sanitation Districts Nos.1,2,3,~,
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—
U
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.
I’ir.Warner asked that the Boards hear from the legal counsel
before hearing the Conrblitteels report.
Mr.Nisson 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’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 Districtts
overall percentage of use and the overall distribution of
cost is maintained as contained in the original report;and
providing the percenta,~e 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.Nissan 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 comparative figures,and gave the
following summary of the Committee’s report and recoinrien
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 engineer:Lng 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.
5.That the modification plan and engineering be con
sidered together as a joint prograri,all b~ing
subject to the approval of the Districts’attorneys,
Mr.Nissan arid Mr.Ashton,as to the legality
thereof.
—3—
Chairman Warner read the proposal of Harrison &Woolley,
Headman,Ferguson &Carollo,dated October 8,l9~2,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 sot of
‘tas 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
Hunoston 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 that under the ModIfied Plan,overall percentages for all
Districts would remain the eerie as in the original plan;if a
District helped to pay on an item It would not use,it would get a
corrospondin~ly larj~er portion in the items that other Districts
pay for;and that this principal was established when the existing
facilities were 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.
Instru~tions to the The Boards of Directors took the
Finance Committee following action:
Moved by Director Willis H.Warner,seconded by Director
Courtney H.Chandler:
That the program as submitted by the Fir~ance 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 neetirlgb
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 ~uld ha~ie 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 roll call and the Secretary
reported the motion carried by the following vote:
BOARD OF DIRECIORS
DISTRICT NO.1 Ayes:Directors Courtney H.Chandler,
J.L.McBride and Willis H.
We.rn e i~
Noes:None
Absent:None
-
9
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.
Hirst em
Noes:No~-ie
Absent:Director Hugh W.Warden
BOARD OF DIRECTORS
DISTRICT NO~3 Ayes:Directors NelsonM.Launer,
Willis H.Warner,C.R.Miller
and Joseph Webher
-Noes:None
Absent:Director Hugh W.Warden
BOARD OF DIRECTORS
DISTRICT NO.~3 Ayes:Directors Braden Finch,Norman
H.Miller and Willis H.Warner
Noes:None
Absent:None
BOARD OF DIRECTOi~S
DISTRICT NO.6
—
Ayes:Directors C.N.Nelson,Norman
H.Miller and Willis H.
Warner
Noes:None
Absent:None
BOARD OF DIRECTORS
DISTRICT NC,7
—
Ayes:Directors J.L.McBride and
Willis H.Warner
Noes:None
Not Voting:Director Vincent L.Humeston
Absent:None
BOARD OF DIRECTORS
DISTRICT NO.11 Ayes:Directors Vernon B.Langenbeck,
Roy Seabridge and Willis H.
darner
Noes:None
Absent:None
After announcement of the vote,Director Langenbeck requested
statement of the rule as to whether the response “Not Voting1’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
~er df business following action:
Moved by Director Don B.Haiher,seconded by Director
Courtney R.Chandler and duly carried that the meeting
return to the usual order of business.
—5—
4
I
App~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 Nos1 1,2,3,5,6,
7 and 11:
That the minutes of the meeting held on September 10,1952 be
approved as mailed out,
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
Den and No
JA-205
206
207
208
209
210
211
212
213
2lLi.
215
216
217
218
219
220
In Favor Of
Bales Office Equipment Company
Barr Lumber Comapny
McCoy Drug Company
McFadden Dale Hardware Co.
Ora Mae Merritt
The Pacific Telephone &Telegraph Co.
Walter G.Ramsey
Rankint ~
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
l2.~2
76,28
1.25
23.93
6.00
70.00
15.30
3.62
1.60
212.00
2.78
33.L~8
5.99
88.85
L~.oo
6.90
56L~,50
Revolving Fund ‘~A~’
Warrant Rer~Ister
The Boards of Directors took the
fo11oi~~ing action:
Moved by Director Vernon E.Langenheck,seconded by Director
Courtney 1~.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 “A1’Warrant Register be approved for signature and
payment of:
Warrant
Demand No In Favor Of Amount
Orange County Blueprint Shop
The Boards of Directors took the
following action:
Moved by Director C.M.Nelson,seconded by Director Courtney
R.Chandler and ~~1y 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:
Joint Administrative
Warrant Register
The Boards of Directors took the
following action:
Suspense Fund
Warrant Register
-6-.
~71
Warrant
Demand No.In Favor Of Amount
S-25 Raymond Ii.Hertel 77.L~O
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 employment and upon ternination 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 N.Launer,seconded by Director
Courtney R.Chandler and duly carried:
That the present employees of the joint Districts be re
tained until November 1,1952 and that they he 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.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 he requested to make recoin—
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_Regist~Sanitation District No.11 took the
following action:
Moved by Director Langenbeck,seconded by Director Roy
Seabridge and duly carried:
That District No.11 Operating Fund Warrant Register
approved for signature and payment oT:
Warrant
Demand No.In Favor Of Amount
11-22 Harry Ashton 22.91
New Business Director Vernon E.Langenbeck requested
clarification as to the terns of employment of general counsel
for the Districts,stating that at the tine 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 Committee’s recommendation
for employment of general counsel and the Resolution of
employment of Mr.Nisson,the Boards of Directors took the
following action:
—7—
~T2
Moved by Director Nelson M.Launer,seconded b~r Director
Joseph H.Webber and duly carried b~r 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.Nisson
as general counsel for the Districts be held over and presented
to the L~oards at the next meeting:
Adjournment The Boards of Directors took the
following action:
Moved by Director Frank J.Schweitzer,Jr.,seconded by
Director Joseph ~ebber 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 adjourned.
~‘Jhereupon the Chain~ian declared the meeting so adjourned
at 10:10 p.m.
Chairman,board of Directors
County Sanitation District No.11
Orange County,California.
ATTEST:
Secretary,board of Directors
County Sanitation District No.11
Orange County,California
-8—