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
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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
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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:
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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.
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DISTRICT NO.S
Authorizing pay
ment for 12”pipe
sewer at Upper Bay
Crossing
Report of the Finance
Committee
I,
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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
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Instructions to the
Finance Committee
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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:
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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:
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--.~.~..-.‘~
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:
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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
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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
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