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HomeMy WebLinkAboutMinutes 1952-10-08CONDENSED MINUTES OF ThE JOINT ~1E~TING OF T~D0A~D O~DIRECTORS OF COUNTY SANITATION DISTRICTS OP ORANGE COUNTY,CALIFORNIA October 8,1952 at 8:00 p.r~. Rooxii 239,11014.West Eighth Street Santa Ana,California H ________ ROLL C A LJ~ DISTRICT NO.1 Directors present:Courtney R.Chandler (Chairrian),J.L. McBride and Willis H.Warner Directors absent:None DISTRICT NO.2 Directors present:Robert H.Boney (Chairrian),Don B.Haiber, Frank J.Schweitzer,Jr.,Charles E. Stevens,Williari ~irsteiñ and Willis H. Warner Directors absent:Hugh W.lIarden DISTRICT NO.3 Directors present:Nelson M.Launer (Chairrnan pro tern), Willis I~.Warner,C.H.Miller and Joseph Webber Directors absent:Hugh W.Warden DISTRICT NO.S •Directors present:Braden Finch (Chairrian),Norrian H.Miller and Willis H.Warner Directors absent:None DISTRICT NO 6 Directors present:C.N.Nelson (Chairrian),Norman H.Miller and.Willis H.Warner Directors absent:None DISTRICT NO.7 Directors present:Vincent L.Humeston (Chairman),ii1111S H. Warner and 3.L.McBride Directors absent:None DISTRICT NO.8 NO QUOHtThI Directors pr~ent:Willis H.Warner Directors absent:Harold B.Edwards (Chairrian)and John H. Cropper DISTRICT NO.11 Directors present:Willis H.Warner (Chairrian),Roy Seabridge and.Vernon E~.Langenbeck Directors absent:None OT}~RS PRESENT:Rayriond H.Ribal,Chief Engineer and General Manager C.Arthur Nisson,Jr. Harry Ashton K.3.Harrison Ora Mao Merritt,Secretary - 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 to be present for each of the Districts’Boards,except the Board of Directors of District No.8. DISTRICT NO.3 The Board of Directors of County Chairman pro tern Sanitation District No.3 took the following action: Moved by Director Willis H.lIarner,seconded by Director C.FL Miller and duly carried: That Director Nelson N.Launer be appointed Chairman pro tern of the Board of Directors of County Sanitation District No.3. Correspondence The Secretary read the following letters: 1.Letter from Mr.Ra~rnond H.Ribal,.Chief Engineer 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 Septeribor 11,1952 from the City of Newport ~each,being the Final Report for the furnishing and installing 12”pipe sewer line over the upper bay of Newport Bay,in accordance witI~authority granted by the Board of Directors of County Sanitation District No.5 by Resolutions Nos.143—5 and 153—5,at the total cost of ~8,039.57. A motion was made by Director Willis H.Warner,seconded by Director Norman H.Miller and duly carried by the Board of Directors of County Sanitation District No.5: Moved by Director Willis H.Warner,seconded by Director Norman H.Miller and duly carried: That the final report from the City of Newport Beach for the furnishing and installing of 12”pipe sewer line across upper bay, of Newport Bay be received and ordered filed. 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~onera1 Manager work now under way.Director McBrid 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 ~ianager, ox’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.1,2,3,5,6, 7 and 11: -2— That the resignation of Mr.Raymond H.Ribal as Chief Engineer and General Manager for the Districts to become effective as of October 31,1952 be accepted with regret;and that Mr.ilibal be and he is hereby authorizod 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. __________________ The Board of Directors of County __________________ Sanitation District No.5 adopted ___________________ Resolution No.228—5,accepting _____________________ the 12”pipe sewer crossing of the __________________ Upper Bay of Newport,in accordance with the final report of the City Engineer of the City of Nowport Beach.Certified copy -of the Resolution is on record in the office of the Secretary. Change in the usual Chairrian Finch reported that the ord~r 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. Cr The Boards of Directors took the following action: Moved by Director Courtney H.Chandler,seconded by Director Joseph Webbor 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 Corii~iittoe’s report as tho next order of business. ______________________ Chairman Warner reported that at _____________________ the last meeting of the Boards,the Finance Committee was authorized to proceed with discussions with the engineers upon the proposed nodificatIon plan and th~l~al eounsLl to r~turn a report to ti-ic iRoards upon t~ie l~ulity of t~i~proposud riodiCication. jir.~ierner asked th~t th-~Boards h~ar from thc l~al counsel be~orc ~aring the Cor~iittee’s 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.Linderian 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 percentage of payrient is indicated. Mr.Nisson stated that lir.Lindcnan 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 conforence,O’Molveny &Myers would charge for any subsequent opinion. C DISTRICT NO.S Authorizing pay ment for 12”pipe sewer at Upper Bay Crossing Report of the Finance Committee I, ‘---i -3.. Mr.Ashton stated that he concurred in the opinion of Nr. Nisson in principal,that their differences wore in the matter of degroo rather than basic principles,as were sot forth in his written legal opinion. Chairman Warner read the Finance Conriittee ‘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 Committeo’s report and recommendations: 1.There are insufficient funds available to construct the plan under the original bond proposal. 2.It is dosirable to construct the marine section of the outfall to the full 7000 feet, 3.The proposed modification plan offers the best opportunity to socure the equivalent accomplishment in lieu of those proposed under the original plan with the funds available. Li..The plan can best be carried out by placing full responsi bility of engineering an~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 recorz~iendations. 5.That the modification plan and engineering be considered together as a joint progreri,all being subject to the approval of the Districts’attorneys,Mr.Nisson and i~ir. Ashton,as to the legality thereof. Chairman Warner road the proposal of Harrison &TrJoollcy, Headman,Ferguson &Carollo,dated October 8,1952,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 studies and preliminary surveys,rocoririendation 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 Hurioston 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 same 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 w~s established when the existing facilities wore purchased,Director Langonbeck stated he believed thcro 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. The Boards of Directors took the __________________ following action: Moved by Director Willis H.Warner,seconded by Director Courtney R.Chandler: That the prograri as submitted by the Finance Corwiittee be approved in principal and that the Cor~mittee 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 meeting. There followed a general discussion of the motion in which Directors Launer and.Euneston asked for a clarification of the statement in the fixed fee proposal of the design engineers relative to control of the work and what recourse the Districts would have in the event of unsatisfactory performance;and in response to a question put by Director Langeribeck,I~r.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 eriplo~ient of consulting engineers by the Districts to report upon the performance ofwork bein~done under the contract. The vote was polled by roll call and the Secretary reported tue motion carried by the following vote: BOARD OF DIRECIORS DISTRICT NO.1 Ayes:Directors Courtney R.Chandler, J.L.McBride and Willis H. Warner Noes:None Absent:None 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 Willian H.Hirstein Noes:None Absent:Director Hugh W.Warden ___________________ Directoi’s Nelson H.Warner,C.H. Joseph Webber None Director Hugh W.Warden __________________ Directors Braden Finch,Norman H. Miller and Willis H.Warner None None ___________________ Directors C.K.Nelson,Willis H. Warner and Norman H.Miller None None -5 - Instructions to the Finance Committee \..- C C; BOARD OF DISTRICT DIR.~CCTORS NO.3 BOARD OF DIR~CTCRS DISTHICT NO.S BOARD OF DIRECTORS DISTRICT NO.6 N.Launer,Willis Miller and Ayes:. Noes: Absent: Ayes: Noes: Ayes: Ayes: Noes: Absent: __ _ • __________________ Ayes:Directors Willis H.Warner and 3.L.McBride Noes:None Not voting:Director Vincent L.Humeston Absent:None - ____________________ Ayes:Directors Willis H.Warner, Vernon E.Langenbeck and -Roy Seabridge Noes:None Absent:None After announcement of the vote,Dir3c~or Langenbeck requested statement of the rule as to whether the respcnse “Nob Votingt’by a Director on the roll call vote constituted an aye or nay vote, Mr.Nisson referred to i~oberts Rules of Order and reported that the response “Not Voting”to roll call vote is the sane as though the vote had been on the prevailing side. DISTRICT NO.11 Director Warner left the Chairman pro t~meeting at 9:30 p.m.The -Board of Directors of -County Sanitation District No.11 took the following action: Moved by Director Langenbeck,seconded by Director Seabridge and duly carried: That Director Roy Seabridge be appointed Chairman pro tern of the Board of Directors of County Sanitation District No.11. Moved by Director Don B.Haiber,seconded by Director Courtney R.Chandler that the meeting return to the usual order of business. Approval of Minutes The Boards of Directors took the following action: Moved by Director Robert H.Boncy,soconded by Director Courtney H.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 Warrant Register took the following action: Moved by Director Courtnoy H.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, 7andll: That the Joint Administrative Warrant Register be approved for signature and payment of: —6— BOARD OF DISTRICT DIRECTORS NO.7 BOARD OF DIRECTORS DISTRICT NO.11n 0 cm Return to TJsual Order of Business The Boards of Directors took the following action: .--- -- Warrant Demand No.In Favor Of Aznount JA-205 Bales Office Equipment Company *12.52 206 Barr Lumbor Company 76.28 207 McCoy Drug Company -1.25 208 McFadden Dale Hardware Co.23.9.3 209 Ora Mae Merritt 6.00 210 The Pacific Telephone &Telegraph Co.70.00 211 Waltcr G.Ramsey 212 Rankin’s 3.62 213 Santa Ana Register 1.60 2lLi.City of Santa Ana -212.00 215 Singer Sowing Machine Company 2.78• 216 Standard Oil Company of California 33.LI.8 217 Davis Stationers 5.99 •218 Dennis Printers 88.85 219 Ace Rants 220 Kenneth L.Perry 6.90 $5f4.50 Revolving Fund “A The Boards of Diroctors took tho Warrant Register following action: Moved by Diractor Vernon E.Langonbeek,seconded by Director 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 Revo1vjn~r Fu~id flAI?Warrant Register be approved for. signature and payment of: Warrant Demand No.In Favor Of Amount A-16 Orange County Blueprint Shop ~9.17 Suspon3o Fund The Boards of Dir~~ctors took the Warrant Ro~ister 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: Warrant Demand No.In Favor Of Amount Raymond M.Hertel ~77.40 P~prrt of the Chief Mr.Ribal read his report to the ‘and Directors.This report is on file in renal Manager the office of the Secretary. Mr.tUbal 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 time they have served the Districts. The Boards of Directors took the following action: —7- ~ --.~.~..-.‘~ Moved by Director Nelson M.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 be given vacation corwiensurate with the length of employment,based upon two weeks per year. DISTRICT NO.1 Approval of —.Const~Uction Fui~ Warrant RegiiE~F~ Warr ant Demand No 1-5)4. 5-c 56 57 58 59 60 61 62 63 Raymond G.Osborne Laboratories Reliance’Title Company George B.Ritchey B.P.Hallorarz Orange County Blueprint Shop M.Miller Company Owl Truck &Construction Company William T.Reetz 3.S.Barrett F.A.Birkinshaw Gladding,McBean &Company Amount L~46.90 37.50 52.90 58.90 6 •80 98,3)44.75 5,138.25 17,)4.38.3O 2,821.66 62.00 59,0)4.3.53 183.L~.51.~9 -8-. Referral to the Executive Co~~mittee ____________________ The Boards of Directors took the ___________________ following action: Moved by Nelson M.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 be requested to make recom— mendation ‘~c~the Boards f or filling the vacancy created by the resignation of the Chief Engineer and General Manager. _________________ The Board of Directors of County __________ Sanitation District No.1 took the ____________ following action: Moved by Director J.L.McBride seconded by Director Courtney R.Chandler and duly carried: That District No.1 Construction Fund Warrant Register be approved for signature and payment of: C C (. In Favor Of DISTRICT NO.1 The Board of Directors of County Extension of Sanitation District No.1 adopted t±~ie to M.1ViilIe~Resolution No.229-1,granting 20 C~on~ractor — working days extension of time to M.Miller Company for completion of construction of the Santa Ana Trunk Sewer.Certified copy of this resolution is on record in the office of the Secretary. DTSTRICT NO.1 The Board of Directors of County Zxtonsion of time Sanitation District No.1 adopted tD Owl Truck and Resolution No.230-1,granting ten ~‘onetruction Co working days extension of time to Owl Truck and Construction Company for the construction of siphons and measuring flume.Certi fied copy of this resolution is on record in the office of the Secretary. DISTRICT NO.5 The Board of Directors of County Operating Fund Sanitation District No.S took the Warrant Register following action: Moved by Director J.L.McBride,seconded by Director Courtney R.Chandler and duly carried: That District No.5 Operating Fund Warrant Register be approved for signature and payrlent of: Warrant Demand No.In Favor Of Amount 5—23 City of Newport Beach ~8,039.57 24 Harry Ashton 35.L~.2 ~~i,O7L~.99 DISTRICT NO.6 The Board of Directors of County Operating Fund Sanitation District No.6 took the warrant Register following action: Moved by Director Norman H.Ililler,seconded by Director C.M.Nelson and duly carried: That District No.6 Operatin.~Fund ~arrant Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount 6-30 Harry Ashton 22.92 DISTRICT NO.6 The Board of Directors of CountyCCoji~t~i.~tion Fund Sanitation District No.6 took the ~~I:ant Register following action: Moved by Director Norman H.Niller,seconded by Director C.14.Nelson and duly carried: That District No.6 Operating Fund Warrant Resister be approved for si~naturo and payment of: 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 216.148 214.Orange County Blueprint Shop 9.114. 25 J.S.Barrett 27,058.68 26 Harry Ashton .149 ~27,530.L5 ‘NO.11 The Board of Directors of County Cperating Fund Sanitation District No.11 took the ~Jarrant_Register following action: Moved by Director Langenbeck,seconded by Director Roy Seabridge and duly carried: (j That District No.11 Operating Fund Warrant Register be approved for signature and payment of: Warrant Demand No.In Favor Of Amount 11-22 Harry Ashton 22.91 —9— NEW BUSINESS Director Vernon E.Langenbeck requested clarification as to the terris of employment of general counsel for the Districts,stating that at the tine of employment of the attorney he believed it was a~reod that Mr.Nisson would sever his connection with the civic body he represents.After a ~cneral discussion upon the Executive Committee’s recommendation for employment of general counaol and the Resolution of employment of Mr. Nisson,the Boards of Directors took the following action: Moved by Director Nelson Me Launer,seconded by Director Joseph H.Webbor and duly carried by the Boards of Directors of County Sanitation Districts Nos.1,2,3, 5,6,7 and 11: That clarification of tex~s of employment of Mr. Nisson as general counsel for the Districts be held over and pre~onted to the Boards at the next rieeting~ ADJOURNNENT The Boards of Directors took the following action: Moved by Director Frank J.Schweitzer,Jr.,seconded by Director Joseph Webbor and duly car!’iod by the Boards of Direetorc of County Sanitation Districts Nos.1,2,3,5,6, 7 and 11: That the meeting be adjourned. Whereupon,the Chairman declared the meeting so adjourned at 10:10 p.m. L ~)~l/~~ Secretary —10-