Ord 2011-84ORDINANCE NO. 84
AN ORDINANCE OF THE COSTA MESA SANITARY
DISTRICT AMENDING SECTION 3.01.045 OF THE
OPERATIONS CODE PERTAINING TO THE ALTERNATE
DISTRICT ENGINEER
WHEREAS, the Board was previously served by a Manager- District Engineer
who fulfilled both roles of manager of the District and engineer for the District; and
.WHEREAS, the previous Manager- District Engineer was required to prepare and
recommend the District's capital improvement plan (CIP); and
WHEREAS, the previous Manager- District Engineer was the principal in his own
engineering firm, creating the potential for conflict issues and public perception
concerns with any attempt to recommend a CIP which increased the paid work for his
firm; and
WHEREAS, to ensure that conflicts would not occur, the Board established an
independent review process that required an independent Alternate District Engineer to
review those CIPs for appropriateness and reasonableness of cost; and
WHEREAS, as a result of a reorganization of the District, the manager and
engineer functions are now separate, and the District now employs a full -time General
Manager while continuing to retain a private engineer as its District Engineer; and
WHEREAS, the District's General Manager is experienced in public works
matters and is competent to independently review the CIP from a management
perspective and make recommendations to the Board regarding the same; and
WHEREAS, the Board does hereby desire to eliminate the need for the Alternate
District Engineer's review of the CIP;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.01.045 of the Costa Mesa Sanitary District Operations
Code is hereby amended to read as follows:
"Section 3.01.045. Alternate District Engineer.
(a) District enaineerincg work. A private civil engineer may serve
as the District's Engineer and is authorized to perform civil engineering work
on behalf of the District. District Engineer's proposals may be reviewed by
an outside private civil engineer who shall review said proposals for
Ordinance No. 84
Page 2 of 3
appropriateness and reasonableness of cost. The Board may appoint such
outside civil engineer as Alternate District Engineer. Such outside civil
engineer shall report directly to the General Manager and shall submit any
bill for services directly to the General Manager. The District Engineer shall
not recommend that engineering work be awarded to his firm, but such
proposals shall be made to the General Manager, who shall make such
recommendations.
(b) Private engineering work within District boundaries. Should
the District Engineer perform civil engineering work for a private client that
requires District approval, the District Engineer shall not approve those
plans in his capacity as District Engineer. Should engineering review be
required, it shall be referred by the General Manager to the Alternate
District Engineer or other civil engineer having authority to approve such
plans on behalf of the District and in accordance with the procedure as
described above."
Section 2. Should any part, clause or section of this Ordinance be declared by any Court
of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange. County, California, hereby declares that each and every
section, clause, provision or part of this Ordinance would have been adopted and made a
part of this Ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the District
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law.
PASSED and ADOPTED this iL� day of _ . 2011..
Secretary
,.
R4f ( k/t
President
Ordinance No. 84
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above
and foregoing Ordinance No: 84 was duly and regularly passed and adopted by said Board of
Directors at a regular meeting thereof, held on the 23rd day of June 2011 by the following
vote:
AYES: Robert Ooten, James Ferryman, Michael Scheafer, Jim Fitzpatrick,
Art Perry
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 23rd day of June 2011.
Clerk o he= Cosla-Mesa Sanitary District