HomeMy WebLinkAbout02-02-22 Board Agenda
OTAY WATER DISTRICT
BOARD OF DIRECTORS MEETING
DISTRICT BOARDROOM
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
WEDNESDAY
February 2, 2022
3:30 P.M.
AGENDA
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 5,
2022
5. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC
TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S
JURISDICTION INCLUDING AN ITEM ON TODAY'S AGENDA
Additionally, members of the public may submit their comments on agendized
and non-agendized items by either of the following two methods:
a) If you wish to provide public comment directly - that is, live during the “Public
Participation” portion of the meeting - please complete and submit a Request
to Speak Form via email to BoardSecretary@otaywater.gov before the start
of the meeting. Your request to speak will be acknowledged during the
“Public Participation” portion of the meeting when the Board will hear your
comment. When called to speak, please state your Name and the City in
which you reside. You will be provided three minutes to speak. The Board is
not permitted to enter into a dialogue with the speaker during this time.
OR
b) If you wish to have your comment read to the Board during the “Public Par-
ticipation” portion of the meeting, please email your comment to BoardSecre-
tary@otaywater.gov at least thirty minutes prior to the start of the meeting,
and it will be read aloud during the “Public Participation” portion of the meet-
ing. Please provide your Name and the City in which you reside, with your
comment. Your comment must not take more than three minutes to
read. The Board is not permitted to respond to written public comment dur-
ing this time.
The District’s meeting is live streamed. Information on how to watch and listen to
the District’s meeting can be found at this link: https://otaywater.gov/board-of-
directors/agenda-and-minutes/board-agenda/
PUBLIC HEARING
6. THE BOARD WILL HOLD A PUBLIC HEARING TO CONSIDER APPROVING
THE FOLLOWING AGENDA ITEM AND INVITES THE PUBLIC TO PROVIDE
COMMENTS ON THE ITEMS:
a) REDISTRINGING PRESENTATION: PLANWEST PARTNERS INC.
b) PUBLIC HEARING ON REDISTRICTING
OTAY WATER DISTRICT, BECAUSE OF AN INCREASE IN THE POPU-
LATION WITHIN ITS SERVICE AREA, AS MEASURED BY THE 2020
U.S. CENSUS, WILL BE ADJUSTING THE BOUNDARIES OF ITS FIVE
(5) DIVISIONS TO EQUALIZE THE POPULATION WITHIN THOSE DIVI-
SION BOUNDARIES PURSUANT TO CALIFORNIA WATER CODE
§71540 AND ELECTIONS CODE § 22001. THIS PUBLIC HEARING IS
HELD TO INVITE AND SOLICIT PUBLIC COMMENT ON THE CRITERIA
FOR AND THE COMPOSITION OF THE REDISTRICTING DIVISIONS
PRIOR TO DRAWING DRAFT MAPS OF PROPOSED DIVISION
BOUNDARIES (MARTINEZ)
CONSENT CALENDAR
7. ITEMS TO BE ACTED UPON WITHOUT DISCUSSION, UNLESS A REQUEST
IS MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A
PARTICULAR ITEM:
a) ADOPT RESOLUTION NO. 4403 APPROVING THE ANNEXATION OF
THE PROPERTY OWNED BY ANNLAND INVESTMENTSM LLC (APN
517-091-08-00; 1761 JAMACHA ROAD, EL CAJON, CA) TO OTAY WA-
TER DISTRICT SEWER IMPROVEMENT DISTRICT NO. 18
b) ADOPT RESOLUTION NO. 4404 APPROVING THE ANNEXATION OF
THE PROPERTY OWNED BY MICHAEL TOHE AND HANNA NIDAA
(AKA MAJHER MEKHA) (APN 517-111-67-00; VISTA VEREDA, EL CA-
JON, CA) TO OTAY WATER DISTRICT SEWER IMPROVEMENT NO. 18
c) AUTHORIZE THE GENERAL MANAGER TO ISSUE A PURCHASE OR-
DER TO CORE AND MAIN IN AN AMOUNT NOT TO EXCEED
$133,197.57 FOR THE PURCHASE OF A NEW METER TEST BENCH
ACTION ITEMS
8. BOARD
a) AUTHORIZE STAFF TO CONDUCT REMOTE TELECONFERENCE
MEETINGS OF THE BOARD OF DIRECTORS, INCLUDING COMMIT-
TEE MEETINGS, PURSUANT TO RESOLUTION NO. 4401 WHICH THE
BOARD ADOPTED AT A SPECIAL BOARD MEETING ON SEPTEMBER
27, 2021, AND IN ACCORDANCE WITH THE PROVISIONS OF GOV-
ERNMENT CODE § 54953(e) FOR THE NEXT 30 DAYS BECAUSE (1) A
STATE OF EMERGENCY RELATED TO COVID-19 IS CURRENTLY IN
EFFECT; (2) LOCAL OFFICIALS IN SAN DIEGO COUNTY HAVE IM-
POSED OR RECOMMENDED MEASURES TO PROMOTE SOCIAL DIS-
TANCING IN CONNECTION WITH COVID-19; AND (3) DUE TO THE
COVID-19 EMERGENCY, MEETING IN PERSON WOULD PRESENT IM-
MINENT RISKS TO THE HEALTH AND SAFETY OF ATTENDEES
(MARTINEZ)
b) DISCUSSION OF 2022 BOARD MEETING CALENDAR (TITA RAMOS-
KROGMAN)
9. FINANCE
a) APPROVE THE FINANCE AND ADMINISTRATION COMMITTEE’S SE-
LECTION OF DAVIS FARR, LLP, TO SERVE AS THE DISTRICT’S AUDI-
TORS FOR THE FISCAL YEAR ENDING JUNE 30, 2022. THE CON-
TRACT WILL BE FOR ONE YEAR, WITH FOUR (4) ONE-YEAR OP-
TIONS, WITH EACH OPTION YEAR SUBJECT TO GENERAL MAN-
AGER REVIEW AND APPROVAL
REPORTS
10. GENERAL MANAGER’S REPORT
11. SAN DIEGO COUNTY WATER AUTHORITY UPDATE
12. DIRECTORS' REPORTS/REQUESTS
13. PRESIDENT’S REPORT/REQUESTS
RECESS TO CLOSED SESSION
14. CLOSED SESSION
a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC
SERVICES [GOVERNMENT CODE §54957]
b) LIABILITY CLAIMS PURSUANT TO GOVERNMENT CLAIM SECTION
54956.95
CLAIMANT: MR. MARK POPPETT, ATTORNEY FOR MS. JORDAN
SCHUSTER AND MRS. JESSICA SCHUSTER
AGENCY CLAIMED AGAINST: OTAY WATER DISTRICT
c) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOV-
ERNMENT CODE §54956.9]
OTAY WATER DISTRICT vs. CITY OF SAN DIEGO; CASE NO. 37-2017-
00019348-CU-WM-CTL
d) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[GOVERNMENT CODE §54956.9]
MARK COZIAHR, ET AL. vs. OTAY WATER DISTRICT, CASE NO. 37-
2015-000-CU-MC-CTL
e) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§
54956.9(b)), ONE MATTER:
BONNIE KESSNER AND ANDREA MCCARTNEY-PAGE, ET AL. vs. CITY
OF SANTA CLARA, ET AL.; SANTA CLARA COUNTY SUPERIOR
COURT, CASE NO.: 20CV364054
f) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO §54956.9(b):
Four (4) Cases
COST OF SERVICE STUDY KEY ASSUMPTIONS
g) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code
§54954.5
RETURN TO OPEN SESSION
15. REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD
MAY ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION.
OTAY WATER DISTRICT FINANCING AUTHORITY
16. NO MATTERS TO DISCUSS
17. ADJOURNMENT
All items appearing on this agenda, whether or not expressly listed for action, may be
deliberated and may be subject to action by the Board.
The Agenda, and any attachments containing written information, are available at the
District’s website at www.otaywater.gov. Written changes to any items to be considered
at the open meeting, or to any attachments, will be posted on the District’s website.
Copies of the Agenda and all attachments are also available by contacting the District
Secretary at (619) 670-2253.
If you have any disability which would require accommodation in order to enable you to
participate in this meeting, please call the District Secretary at (619) 670-2253 at least
24 hours prior to the meeting.
Certification of Posting
I certify that on January 28, 2022, I posted a copy of the foregoing agenda near
the regular meeting place of the Board of Directors of Otay Water District, said time be-
ing at least 72 hours in advance of the regular meeting of the Board of Directors (Gov-
ernment Code Section §54954.2).
Executed at Spring Valley, California on January 28, 2022.
/s/ Tita Ramos-Krogman, District Secretary