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Home My WebLink About01-05-22 Board Agenda1 OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY BOARD OF DIRECTORS MEETING BY TELECONFERENCE 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA WEDNESDAY January 5, 2022 3:30 P.M. AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION IN- CLUDING 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 Partici- pation” portion of the meeting - please complete and submit a Request to Speak Form via email to BoardSecretary@otaywater.gov before the start of the meet- ing. 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 Participation” portion of the meeting, please email your comment to BoardSecretary@otay- water.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 meeting. 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 writ- ten public comment during this time. 2 The District’s meeting is live streamed. Information on how to watch and listen to the Dis- trict’s meeting can be found at this link: https://otaywater.gov/board-of-directors/agenda- and-minutes/board-agenda/ 5. RECOGNITION OF BOARD PRESIDENT 6. ELECTION OF BOARD PRESIDENT As per Chapter 2, Section 1.03.B, Procedure for Election, of the District’s Code of Ordi- nances, the General Manager shall chair the proceedings for election of the President. The newly elected President shall assume office immediately and shall chair the proceed- ings for the election of the Vice President and Treasurer. 7. ELECTION OF BOARD VICE PRESIDENT 8. ELECTION OF BOARD TREASURER 9. RECESS OTAY WATER DISTRICT BOARD MEETING 10. CONVENE OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING 11. ROLL CALL 12. RE-AFFIRM OFFICERS OF THE OTAY WATER DISTRICT FINANCING AUTHORITY a) PRESIDENT b) VICE PRESIDENT c) EXECUTIVE DIRECTOR d) TREASURER/AUDITOR e) SECRETARY 13. ADJOURN OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING 14. RECONVENE OTAY WATER DISTRICT BOARD MEETING 15. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 3, 2021, AND SPECIAL MEETINGS OF OCTOBER 19, 2021, DECEMBER 1, 2021, AND DE- CEMBER 20, 2021 CONSENT CALENDAR 16. ITEMS TO BE ACTED UPON WITHOUT DISCUSSION, UNLESS A REQUEST IS MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PARTICU- LAR ITEM: a) AWARD TWO (2) PROFESSIONAL SERVICES CONTRACTS FOR AS-NEEDED ELECTRICAL ENGINEERING CONSULTING SERVICES TO BSE ENGINEERING, INC. AND ENGINEERING PARTNERS, INC. FOR FISCAL YEARS 2022-2024 3 b) AWARD OF TWO (2) PROFESSIONAL SERVICES CONTRACTS FOR AS- NEEDED ENGINEERING DESIGN SERVICES TO NV5, INC. AND WOOD RODGERS, INC. FOR FISCAL YEARS 2022-2024 c) IMPOSE A $5,000 FINE FOR METER TAMPERING ACTION ITEMS 17. BOARD a) AUTHORIZE STAFF TO CONDUCT REMOTE TELECONFERENCE MEETINGS OF THE BOARD OF DIRECTORS, INCLUDING COMMITTEE MEETINGS, PUR- SUANT TO RESOLUTION NO. 4401 WHICH THE BOARD ADOPTED AT A SPE- CIAL 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 DISTANC- ING IN CONNECTION WITH COVID-19; AND (3) DUE TO THE COVID-19 EMER- GENCY, MEETING IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH AND SAFETY OF ATTENDEES (MARTINEZ) b) DISCUSS THE 2022 BOARD MEETING CALENDAR (RAMOS-KROGMAN) 18. FINANCE AND ADMINISTRATION a) REVIEW OF THE FY 2021 ACTUARIAL VALUATION REPORT OF THE RETIREE HEALTHCARE BENEFITS; AND REQUEST THE BOARD APPROVE THE REDI- RECTION OF THE FY 2022 BUDGETED OPEB CONTRIBUTION FROM THE CERBT OPEB FUND TO THE CALPERS PENSION FUND 19. ENGINEERING AND OPERATIONS a) RENEWAL OF MEXICO AGREEMENT TO TRANSFER WATER AND TO ADJUST THE WHEELING RATE FOR THE DELIVERY OF TREATY WATERS TO MEXICO b) APPROVAL OF AN AGREEMENT REGARDING RESPONSIBILITIES UNDER WATER RECYCLING ACT OF 1991 WITH SWEETWATER AUTHORITY TO EXPLORE THE FEASIBILITY OF PROVIDING RECYCLED WATER TO SCI CALIFORNIA FUNERAL SERVICES, INC. FOR THE GLEN ABBEY MEMORIAL PARK AND MORTUARY, LOCATED AT 3838 BONITA ROAD, BONITA, CA 91902 INFORMATIONAL ITEMS 20. THE FOLLOWING ITEM IS PROVIDED TO THE BOARD FOR INFORMATIONAL PUR- POSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM: 4 a) INFORMATIONAL ITEM – FIRST QUARTER FISCAL YEAR 2022 CAPITAL IM- PROVEMENT PROGRAM REPORT b) DISCUSSION AND DIRECTION REGARDING THE PROPOSED FY2023 - FY2026 STRATEGIC PLAN REPORTS 21. GENERAL MANAGER’S REPORT 22. SAN DIEGO COUNTY WATER AUTHORITY UPDATE 23. DIRECTORS' REPORTS/REQUESTS 24. PRESIDENT’S REPORT/REQUESTS RECESS TO CLOSED SESSION 25. CLOSED SESSION a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SER- VICES [GOVERNMENT CODE §54957] b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to California Government Code §54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTE PARKWAY CHULA VISTA, CA 91914 Agency negotiator: General Counsel Under negotiation: Disposition of Property c) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERN- MENT 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 WATER DISTRICT, CASE NO. 37-2015- 000-CU-MC-CTL e) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERN- MENT CODE §54956.9] 5 RONALD BENSKIN vs. OTAY WATER DISTRICT, ET AL. CASE NO. 37-2021- 00007686-CU-WM-CTL f) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§ 54956.9) NAME OF CLAIMANT: THARSOS, INC. g) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§ 54956.9) NAME OF CLAIMANT: WEIR CONSTRUCTION h) CONFERENCE WITH LEGAL COUNSEL – PENDING 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 i) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code §54954.5 RETURN TO OPEN SESSION 26. 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 27. NO MATTERS TO DISCUSS 28. ADJOURNMENT All items appearing on this agenda, whether or not expressly listed for action, may be deliber- ated 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 partici- pate in this meeting, please call the District Secretary at (619) 670-2253 at least 24 hours prior to the meeting. 6 Certification of Posting I certify that on December 30, 2021, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 72 hours in advance of the regular meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on December 30, 2021. /s/ Tita Ramos-Krogman, District Secretary