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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—