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Home My WebLink About02-02-22 Board Minutes1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY February 2, 2022 1.The meeting was called to order by President Smith at 3:32 p.m. 2.ROLL CALL Directors Present:Keyes, Lopez, Robak and Smith Directors Absent:Croucher Staff Present:General Manager Jose Martinez, General Counsel Dan Shinoff, General Counsel Jeanne Blumenfeld, Chief of Engineering Rod Posada, Chief Financial Officer Joe Beachem, Chief of Administration Adolfo Segura, Chief of Operations Andrew Jackson, Asst. Chief of Finance Kevin Koeppen, District Secretary Tita Ramos-Krogman and others per attached list. 3.PLEDGE OF ALLEGIANCE 4.APPROVAL OF AGENDA A motion was made by Director Lopez, seconded by Director Robak, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to approve the agenda. 5.APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF JANUARY 5, 2022 A motion was made by Director Robak, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to approve the minutes of the regular board meeting of January 5, 2022. 2 6.PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA No one wished to be heard. PUBLIC HEARING ITEMS 7.THE BOARD WILL HOLD A PUBLIC HEARING TO CONSIDER APPROVING THE FOLLOWING AGENDA ITEMS AND INVITES THE PUBLIC TO PROVIDE COMMENTS ON THE ITEMS a)REDISTRICTING PRESENTATION: PLANWEST PARTNERS INC. Ms. Colette Santsche and Mr. Jason Barnes from Planwest Partners Inc. provided a background of their company and a PowerPoint presentation to the board. Ms. Santsche indicated that the deadline to approve the redistricting of the District’s division boundaries is April 17, 2022. In response to a question from President Smith, Mr. Barnes stated that a board member can finish the remainder of their term if they are removed from their current division after the redistricting of boundaries. Ms. Santsche stated that board members must campaign in their new division once their term is up. Ms. Santsche and Mr. Barnes responded to additional questions from the board. b)PUBLIC HEARING ON REDISTRICTING OTAY WATER DISTRICT, BECAUSE OF AN INCREASE IN THE POPULATION 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 DIVISION 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 THE COMPOSITION OF THE REDISTRICTING DIVISIONS PRIOR TO DRAWING DRAFT MAPS OF PROPOSED DIVISION BOUNDARIES General Manager Jose Martinez opened the Public Hearing at 3:55 p.m. Mr. Martinez inquired if the District received any inquiries or comments from the public. District Secretary Tita Ramos-Krogman indicated that a Public Hearing Notice for the redistricting of boundaries was published in both the Star News and East County Californian newspapers, and that there were no inquiries or comments from the public. 3 With no inquiries or comments from the public, Mr. Martinez closed the Public Hearing at 3:57 p.m. CONSENT ITEMS 8. 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 motion was made by Director Keyes, seconded by Director Lopez and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher to approve the following consent calendar items: a) ADOPT RESOLUTION NO. 4403 APPROVING THE ANNEXATION OF THE PROPERTY OWNED BY ANNLAND INVESTMENTS, LLC (APN 517-091- 08-00; 1761 JAMACHA ROAD, EL CAJON, CA) TO OTAY WATER 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 CAJON, CA) TO OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT NO. 18 c) AUTHORIZE THE GENERAL MANAGER TO ISSUE A PURCHASE ORDER TO CORE AND MAIN IN AN AMOUNT NOT-TO-EXCEED $133,197.57 FOR THE PURCHASE OF A NEW METER TEST BENCH ACTION ITEMS 9. BOARD a) AUTHORIZE STAFF TO CONDUCT REMOTE TELECONFERENCE MEETINGS OF THE BOARD OF DIRECTORS, INCLUDING COMMITTEE 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 GOVERNMENT 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 IMPOSED OR RECOMMENDED MEASURES TO PROMOTE SOCIAL DISTANCING IN CONNECTION WITH COVID-19; AND (3) DUE TO THE COVID-19 EMERGENCY, MEETING IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH AND SAFETY OF ATTENDEES 4 A motion was made by Director Robak, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher to authorize staff to conduct remote teleconference meetings of the board of directors for the next 30 days, including committee meetings, pursuant to Resolution No. 4401 which the Board adopted at a special board meeting on September 17, 2021, and in accordance with the provisions of Government Code §54953(e). b)DISCUSS THE 2021 BOARD MEETING CALENDAR There were no changes to the board calendar. 10.FINANCE AND ADMINISTRATION a)APPROVE THE FINANCE AND ADMINISTRATION COMMITTEE’S SELECTION OF DAVIS FARR, LLP, TO SERVE AS THE DISTRICT’S AUDITORS FOR THE FISCAL YEAR ENDING JUNE 30, 2022. THE CONTRACT WILL BE FOR ONE YEAR, WITH FOUR (4) ONE-YEAR OPTIONS, WITH EACH OPTION YEAR SUBJECT TO GENERAL MANAGER REVIEW AND APPROVAL Finance Manager Eid Fakhouri provided the staff report to the board and responded to their questions. He indicated that Ms. Shannon Ayala, CPA and Partner of Davis Farr, LLP, is available to answer questions from the board. A motion was made by Director Lopez, seconded by Director Robak, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher to approve staff’s recommendation. UREPORTS 11.GENERAL MANAGER’S REPORT General Manager Martinez presented information from his report that included the District’s response to the COVID-19 pandemic, Hazard Mitigation Plan Development, and disconnection for non-payment. He also indicated that the CWA aqueduct shut-down that was scheduled in January 2022 has been delayed. 5 Mr. Martinez read into the record a letter from Mr. Jorge Marroquin who praised District staff for their quick response in repairing a water leak on his property. 12.SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith indicated that CWA received $18 million from SB 170, which helps the agency take the lead on preliminary design and environmental work for the San Vicente Storage Project. He also shared information on funding for SDG&E, direct install programs, and energy water nexus. In addition, he discussed CWA’s affordable water presentation that will be provided at its February 10, 2022, special board meeting. He also discussed the approval of changing the limit of project labor agreements. President Smith indicated that the Hanneman report is available for review on CWA’s website. The report is specific to the Fallbrook PUD and Rainbow MWD detachment effort, but also provides a great background on water. 13.DIRECTORS' REPORTS/REQUESTS Written reports from Directors Croucher, Keyes, Lopez and Robak were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. Director Lopez shared that he will be speaking at the February 17th South County Economic Development Council’s Water Day, Elected Officials Webinar Series. 14.PRESIDENT’S REPORT President Smith appointed Director Keyes to the Engineering, Operations, Water and Resources Committee and the Alternate on the South County Economic Development Council. He appointed Directors Croucher and Lopez to the Conservation/Public Relations/Legal/Legislative Committee. A written report from President Smith was submitted to District Secretary Ramos- Krogman and will be attached to the minutes for today’s meeting.URECESS TO CLOSED SESSION 15.CLOSED SESSION The board recessed to closed session at 4:32 p.m. to discuss the following matters: 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 6 AGENCY CLAIMED AGAINST: OTAY WATER DISTRICT c)CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERNMENT 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 [GOVERN-MENT CODE §54956.9] MARK COZIAHR, ET AL. vs. OTAY WATE DISTRICT, CASE NO. 37-2015- 00400000-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 URETURN TO OPEN SESSION 16.REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD MAY ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION. The board reconvened from closed session at approximately 7:13 p.m. and General Counsel Dan Shinoff reported that the board took one reportable action. The board voted 4-0 to reject the claim from Mr. Mark Poppett, Attorney for Ms. Jordan Schuster and Mrs. Jessica Schustertook, Item 14b on the agenda.UOTAY WATER DISTRICT FINANCING AUTHORITY 17.NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 18.ADJOURNMENT 7 With no further business to come before the Board, President Smith adjourned the meeting at 7:13 p.m. President ATTEST: District Secretary (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Tim Smith Period Covered: Employee Number: 1845 From: 01/01/22 To: 01/31/22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 01/05/22 OWD Board Meeting Monthly Board Meeting - - 2 01/12/22 COWU Pre-Agenda Meeting Reviewed and coordinated presentations on Government Funding Opportunities - - 3 01/13/22 Committee Agenda Briefing Meeting with GM to review committee agenda items for January Committee - - 4 01/18/22 Council of Water Utilities (COWU) Meeting Chaired the monthly COWU Meeting - - 5 01/19/22 EO&WR Committee Meeting Meeting with GM, Legal and staff to discuss agenda items going to the February 2, 2022 board meeting - - 6 01/25/22 CWA Matters Meeting Discuss CWA Matters with GM Martinez and Director Croucher - - 7 01/26/22 East County Caucus Discuss East County issues with agencies and CWA - - 8 01/27/22 Agenda Review Meeting Meeting with GM and Legal Counsel to review agenda items going to the February 2, 2022 board meeting - - Total Meeting Per Diem: $ 1,216 ($152 per diem) Total Mileage Claimed: miles (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Gary Croucher Period Covered: Employee Number: 7011 From: 12/1/21 To: 12/31/21 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 12/1/21 Special Board Mtg. Meeting to review/approve agenda items - - 2 12/7/21 EO&WR Committee Meeting Review agenda items going to the January 2022 board meeting - - 3 12/17/21 CWA Matters Review and Discussion regarding CWA Agenda and East County Agencies - - 4 12/20/21 Special Board Meeting Meeting to review/approve agenda items - - 5 12/29/21 Training Ethics Training - - 6 - - 7 - - 8 9 Total Meeting Per Diem: $760 ($152 per diem) Total Mileage Claimed: miles 02/25/2022 (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Gary Croucher Period Covered: Employee Number: 7011 From: 1/1/22 To: 1/31/22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 1/5/22 Board Meeting Monthly board meeting - - 2 1/19/22 EO&WR Committee Meeting Review agenda items going to the February 2022 board meeting - - 3 1/25/22 CWA Matters Review and Discussion regarding CWA Agenda and East County Agencies - - 4 1/26/22 East County Caucus Discuss East County issues with agencies and CWA - - 5 - - 6 - - 7 - - 8 9 Total Meeting Per Diem: $608 ($152 per diem) Total Mileage Claimed: miles 02/25/2022 (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered: Employee Number: 1896 From: 1-1-22 To: 1-31-22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 1-5-22 OWD Regular Board Meeting Monthly Board Meeting - - 2 1-12-22 WateReuse Association “2022 National WateReuse Policy Outlook”-Discussion - - 3 1-25-22 WaterReuse Association “What the Infrastructure Investment and Jobs Act Means for Your Community”- Discussion - - 4 - - 5 - - 6 - - 7 - - 8 - - 9 - - 10 -- Total Meeting Per Diem: $456 ($152 per meeting) Total Mileage Claimed: 0 Miles 2/11/2022 (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Jose Lopez Period Covered: Employee Number: 7010 From: 01/1/22 To: 01/31/22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 01/05/22 Otay Water District Monthly Board Meeting 2 01/07/22 CV Chamber of Commerce 1st Fri. Bkt YMCA Tibbits (No Charge) 3 01/11/22 South County Economic Development Council Monthly Board meeting (No Charge) 4 01/18/22 Otay Water District Finance & Adminisgtration Committee Meeting 5 01/24/21 Otay Water District Redistricting Ad Hoc Committee Meeting 6 01/25/22 Water Conservation Garden Board meeting 7 8 9 10 Total Meeting Per Diem: $ 608 ($152 per diem) Total Mileage Claimed: miles 02/02/2022 Mark Robak 7014 From:1/1/2022 1/31/2022 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 1/4/2022 East County Chamber of Commerce Government Affairs & Infrastructure Committee 0 0 2 1/5/2022 Otay Water District Board Meeting 0 0 3 1/6/2022 San Diego Chamber of Commerce Sustainability & Industry Committee 0 0 4 1/7/2022 East County Chamber of Commerce First Friday Breakfast - NO CHARGE 0 0 5 1/11/2022 South County EDC Monthly Meeting 0 0 6 1/12/2022 Valhalla High School Facilities Dedication Modernization Project - NO CHARGE 0 0 7 1/18/2022 Otay Finance & Administration Committee Discuss finance & operations issues 0 0 8 1/19/2022 East County EDC Monthly Board Meeting 0 0 9 1/20/2022 East County EDC Skilled Workforce Committee meeting 0 0 10 1/20/2022 Construction Management Association of America San Diego Chapter - In Person Dinner "Water Night" - NO CHARGE 0 0 11 1/24/2022 Otay Redistricting Ad-Hoc Discussion of agency redistricting 0 0 12 1/25/2022 Water Tech Alliance Stormwater capture & reuse webinar - NO CHARGE 0 0 13 1/25/2022 Water Conservation Garden Quarterly Meeting 0 0 14 1/27/2022 San Diego County Water Authority Monthly Board meeting 0 0 0 0 $ 1,520 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To:Period Covered Employee Number Total Mileage Claimed: Director Signature ($152 PER MEETING) Total Meeting Per Diem: 02/01/2022