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10 - Review of Dist Eng Alternative Dist Eng Procedures ITEM NO. 10 Costa Mesa Sanitary District Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: December 19, 2013 Subject: Review of District Engineer/Alternate District Engineer Procedures Summary On June 19, 2013, the Board of Directors approved implementing new procedures between the District Engineer and Alternate District Engineer to help prevent conflict of interest from arising when Rob Hamers is the private civil engineer of record for proposed development that may occur within CMSD service area. Rob Hamers also serves as the District Engineer. The Board directed the General Manager to report back in six months, and then annually thereafter regarding the status of the procedures and to recommend any changes to said procedures if deemed necessary by the General Manager. This report Staff Recommendation That the Board of Directors receive and file this report. Analysis The District is now using a template declaration that notifies District officials and the Alternate District Engineer, Bruce Mattern, when Rob Hamers is retained by a private client to perform civil engineering work for proposed development within CMSD service area. Mr. Hamers completes the template declaration and submits to the general manager where the general manager then forwards the template to Mr. Mattern. The template notifies District officials that a conflict of interest arises if Rob Hamers were to simultaneously serve as the private civil engineer and district engineer for a development project that may occur within CMSD service area. Therefore, to prevent a conflict of interest, plans where Mr. Hamers is the engineer of record must be reviewed and approved by Mr. Mattern in the capacity of Alternate District Engineer. Mr. Mattern is required to make comments and changes to the plans and return said plans to Mr. Hamers where he will then incorporate the changes and return the revised plans to Mr. Mattern. When the plans are in compliance to District standards, Mr. Protecting our community's health and the environment by providi www.cmsdca.gov Board of Directors December 19, 2013 23 Page of Mattern will sign as the Alternative District Engineer and then return said plans to District HQ. The original plans stay at HQ and copies are forwarded to Mr. Hamers. Since the new procedures began, a total of twelve template declarations have been completed and submitted by Mr. Hamers. The declarations are for the following properties where Mr. Hamers is the civil engineer of record. 1. 2519 ½ - 2525 Santa Ana Avenue, Costa Mesa 2. 2160 Pacific Avenue, Costa Mesa st 3. 208 21 Street, Costa Mesa 4. 2258-2260 Orange Avenue, Costa Mesa 5. 1992 Anaheim Avenue, Costa Mesa 6. 1817 Viola Place, Costa Mesa 7. 1259 Victoria Street, Costa Mesa 8. 1523 Orange Avenue, Costa Mesa 9. 2157 Tustin Avenue, Costa Mesa 10. 2590 Orange Avenue, Costa Mesa 11. 2160-2172 Myran Drive, Costa Mesa 12. Tiller Avenue, City of Orange RSI Construction, Inc. is the developer for this project in Orange where Mr. Hamers is the private civil engineer of record. RSI also has projects within CMSD service area, so to avoid conflict of interest, Mr. Hamers will not review plans from RSI for projects within CMSD. The new procedures are working well and no changes are being recommended Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0, Administrative Management, which states the following: 5.0 Administrative Management Objective: To create, maintain and implement policies and procedures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations. Legal Review Not applicable Environmental Review The determination of who is signing plans for the District is an administrative function and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an a Board of Directors December 19, 2013 33 Page of administrative Continuing Financial Review Bruce Mattern, Alternate District Engineer, is on contract with the District. His hourly rate $133.00 per hour Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 19, 2013 Board of Directors regular meeting at District Headquarters Alternative Actions 1. Direct staff to report back with more information