Reso 2014-855RESOLUTION NO. 2014.855
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT APPOINTING RUDY DAVILA
FROM ORANGE COUNTY SANITATION DISTRICT AS
ALTERNATE DISTRICT ENGINEER
WHEREAS, the District Engineer is responsible for designing and approving
various sewer - related projects within the boundaries of the District; and
WHEREAS, the District Engineer has a private engineering firm and does work
on private projects that occasionally will create a conflict of interest with his District work
and require that the District Engineer disqualify himself from the District approval
process; and
WHEREAS, the Board of Directors has recognized said potential for conflict and
adopted an ordinance providing a procedure for the appointment of an Alternate District
Engineer to provide such approvals when conflicts arise; and
WHEREAS, said ordinance is codified at Section 3.01.045 of the District's
Operations Code; and
WHEREAS, the Board of Directors has considered Rudy Davila, P.E., an
employee of the Orange County Sanitation District as Alternate District Engineer and
found his qualifications appropriate to provide such services; and
WHEREAS, the Board of Directors of the Orange County Sanitation District has
consented for its employee to provide such services pursuant to an employee loan
agreement; and
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby RESOLVE and DETERMINE as follows:
1. Rudy Davila of the Orange County Sanitation District is hereby appointed
Alternate District Engineer and has been provided with the power to approve
engineering matters whenever the District Engineer has declared a conflict of
interest.
2. That Rudy Davila's approvals shall be entitled the same authority under
Government Code Section 830.06 (design immunity) as the District
Engineer's.
3. That Rudy Davila shall be subject to the same discretionary and other
Government Code immunities as an officer of the District as the District
Engineer might enjoy.
4. That should Rudy Davila be unwilling or unable to act and there is a need for
action that cannot await a formal appointment of a new Alternate District
Engineer by the Board of Directors, that the General Manager of this District
shall be authorized to appoint a temporary Alternate District Engineer from a
public agency or private practice who is a civil engineer experienced in sewer
engineering whose appointment shall not be effective for longer than 60 days
without formal Board approval.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District
at a regular meeting thereof held on the 18th day of December, 2014.
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Secretary
President
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2014 -855 was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof, held on the
18th day of December, 2014 by the following votes:
AYES: FERRYMAN, SCHEAFER, PERRY, OOTEN, SCHAFER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 18" day of December, 2014.
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