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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