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Reso 2020-928RESOLUTION NO. 2020-928 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT APPOINTING DANIEL LEE 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 Daniel Lee, 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. Daniel Lee 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 Daniel Lee's approvals shall be entitled the same authority under Government Code Section 830.06 (design immunity) as the District Engineer's. 3. That Daniel Lee 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 .Daniel Lee 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 27th day of April, 2020. r President STATE OF CALIFORNIA) COUNTY OF ORANGE SS CITY OF COSTA MESA 1, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2020-928, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 27thday of April, 2020 by the following vote: AYES: Ferryman, Ooten, Schafer, Scheafer, Perry 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 27 th day of April, 2020. ClJrk of the Cfosto'esa --§' ry District