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Home My WebLink About01-05-22 Board Minutes1 MINUTES OF THE BOARD OF DIRECTORS MEETING OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY January 5, 2022 1.The meeting was called to order by President Smith at 3:30 p.m. 2.ROLL CALL Directors Present:Croucher, Keyes, Lopez, Robak and Smith Staff Present:General Manager Jose Martinez, General Counsel Dan Shinoff, General Counsel Jeanne Blumenfeld, Chief Financial Officer Joe Beachem, Chief of Operations Andrew Jackson, Chief of Engineering Rod Posada, Chief of Administration Adolfo Segura, 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 Croucher, seconded by Director Keyes and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve the agenda. 5.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 Ms. Adriana Ochoa addressed the board and indicated her support for Agenda Item 19b, 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. Mr. Peter Chabot addressed the board to indicate his opposition of Agenda Item 16c, Impose a $5,000 Fine for Meter Tampering. 2 6. PRESENTATION OF RECOGNITION PLAQUE TO BOARD PRESIDENT Vice President Robak presented a recognition plaque on behalf of the Board of Directors and staff to Board President Smith to thank him for his excellence in public service and outstanding leadership as president of the Otay Water District’s board of Directors during the past year. 7. ELECTION OF BOARD PRESIDENT As per Chapter 2, Section 1.03.B, Procedure for Election, of the District’s Code of Ordinances, General Manager Jose Martinez chaired the proceeding for election of the President. Afterwards, the newly elected president assumed office immediately and chaired the proceedings for the election of the Vice President and Treasurer. A motion was made by Director Robak for Director Tim Smith to continue as Board President. The motion was seconded by Director Croucher and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez and Robak Noes: None Abstain: Smith Absent: None to elect Director Smith as President. 8. ELECTION OF BOARD VICE PRESIDENT A motion was made by Director Smith for Director Robak to continue as Board Vice President. The motion was seconded by Director Keyes and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez and Smith Noes: None Abstain: Robak Absent: None to elect Director Smith as Vice President. 9. ELECTION OF BOARD TREASURER A motion was made by Director Smith for Director Lopez to continue as Board Treasurer. The motion was seconded by Director Croucher and carried with the following vote: Ayes: Directors Croucher, Keyes, Robak and Smith Noes: None Abstain: Lopez Absent: None 3 to elect Director Smith as Vice President. 10. RECESS OTAY WATER DISTRICT BOARD MEETING AND CONVENE THE OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING The Otay Water District board meeting was recessed at 3:54 p.m. and a meeting of the Otay Water District Financing Authority board was convened. 11. ROLL CALL Directors Present: Croucher, Keyes, Lopez, Robak and Smith 12. RE-AFFIRM OFFICERS OF THE OTAY WATER DISTRICT FINANCING AUTHORITY A motion was made by President Smith, seconded by Director Robak and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to elect Director Smith as President, Director Robak as Vice President, General Manager Martinez as Executive Director, Chief Financial Officer Joe Beachem as Treasurer/Auditor, and District Secretary Tita Ramos-Krogman as Secretary to the Otay Water District Financing Authority. 13. ADJOURN OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING AND RECONVENE THE OTAY WATER DISTRICT BOARD MEETING President Smith adjourned the Otay Water District Financing Authority board meeting at 3:56 p.m. and reconvened the Otay Water District board meeting. 14. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 3, 2021, AND SPECIAL MEETINGS OF OCTOBER 19, 2021, DECEMBER 1, 2021, AND DECEMBER 20, 2021 A motion was made by Director Keyes, seconded by Director Lopez and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve the minutes of the regular board meeting of November 3, 2021, and special meeting of October 19, 2021, December 1, 2021, and December 20, 2021. 4 CONSENT ITEMS 15. 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) 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 Director Keyes disclosed that he is an employee of BSE Engineering, Inc. and recused himself from this agenda item and left the meeting at 4 p.m. A motion was made by Director Croucher, seconded by Director Lopez and carried with the following vote: Ayes: Directors Croucher, Lopez, Robak and Smith Noes: None Abstain: None Absent: Keyes to approve staff’s recommendation. Director Keyes returned to the meeting at 4:02pm. 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 FOR METER TAMPERING A motion was made by Director Croucher, seconded by Director Lopez and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve staff’s recommendation. ACTION ITEMS 16. 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 5 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 (MARTINEZ) A motion was made by Director Keyes, seconded by Director Robak and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None 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 2022 BOARD MEETING CALENDAR (RAMOS-KROGMAN) There were no changes to the board meeting calendar. 17.FINANCE AND ADMINISTRATION a)REVIEW OF THE FY 2021 ACTUARIAL VALUATION REPORT OF THE RETIREE HEALTHCARE BENEFITS; AND REQUEST THE BOARD APPROVE THE REDIRECTION OF THE FY 2022 BUDGETED OPEB CONTRIBUTION FROM THE CERBT OPEB FUND TO THE CALPERS PENSION FUND Mr. Eid Fakhouri, Finance Manager of Treasury & Accounting Services, provided the staff report to the board and introduced Mr. Luis Murrillo who provided details and results of the 2021 Actuarial Valuation Report. Staff responded to questions from the board. A motion was made by Director Lopez, seconded by Director Robak and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve staff’s recommendation. 6 18. 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 System Operations Manager Jake Vaclavek provided the staff report to the board. He responded to questions from the board. A motion was made by Director Keyes, seconded by Director Lopez and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve staff’s recommendation. 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 Engineering Manager Michael Long provided the staff report to the board. General Counsel Dan Shinoff indicated that District staff will be collaborating with Ms. Adriana Ochoa to draft an agreement for recycled water services. Staff responded to additional comments and questions from the board. A motion was made by Director Lopez, seconded by Director Keyes and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve staff’s recommendation. INFORMATIONAL ITEMS 19. THE FOLLOWING ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATION PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS: 7 a) INFORMATIONAL ITEM – FIRST QUARTER FISCAL YEAR 2022 CAPITAL IMPROVEMENT PROGRAM REPORT Engineering Manager Michael Long provided a PowerPoint presentation to the board. He responded to comments and questions from the board. b) DISCUSSION AND DIRECTION REGARDING THE PROPOSED FY 2023-FY 2026 STRATEGIC PLAN Information Technology Manager Michael Kerr provided a PowerPoint Presentation to the board and indicated that several key performance indicators were removed from the FY 2023-FY 2026 Strategic Plan. The board shared their input for the upcoming strategic plan and provided their list of several key indicators they wished to keep. 20. GENERAL MANAGER’S REPORT General Manager Martinez presented information from his report that included an update on the District’s response to the COVID-19 pandemic, redistricting project, State Water Arrearages Program, November 14th ten-day shutdown by San Diego County Water Authority, and the District’s 65th Anniversary. 21. SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith shared that the December 2021 San Diego County Water Authority (CWA) Board meeting was cancelled. Director Croucher shared that CWA is preparing for a January 13, 2022, Board Retreat, and that CWA continues to work with MWD. 22. DIRECTORS’ REPORTS/REQUESTS Director Lopez requested a tour of the District’s Ralph W. Chapman Water Recycling Facility. Director Keyes indicated that he is interested in attending field trips and inter-agency meetings. 23. PRESIDENT’S REPORT/REQUESTS President Smith indicated that he provided his report to District Secretary Tita Ramos- Krogman which will be attached to the minutes of this meeting. He shared that he continues to support the safety of employees and the support of customers. He also shared other goals for 2022 as President. 8 24.CLOSED SESSION The board recessed to closed session at 5:52pm to discuss the following matters: a)DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SERVICES [GOVERNMENT CODE §54957] b)CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to California Government Code §54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTEPARKWAY CHULA VISTA, CA 91914 Agency negotiator: General Counsel Under negotiation: Disposition of Property 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 [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 [GOVERNMENT CODE §54956.9] RONALD BENSKIN vs. OTAY WATER DISTRICT, ET AL. CASE NO. 37-2021- 00007686-CU-WM-CTL f)CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE § 54956.9) NAME OF CLAIMANT: THARSOS, INC. g)CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE § 54956.9) NAME OF CLAIMANT: WEIR CONSTRUCTION 9 h)CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (GOVERNMENT CODE § 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 General Counsels Dan Shinoff and Jeanne Blumenfeld left the meeting at approximately 7:20 p.m. and returned to the meeting at 7:58 p.m. Director Croucher left the meeting at 8:16pm. RETURN TO OPEN SESSION 25.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 8:17pm and General Counsel Dan Shinoff reported that the board took three (3) reportable actions in closed session. Agenda Item 25b: The board unanimously approved the authorization for the General Manager to proceed with a final purchase agreement; Agenda Item 25f: The board unanimously approved to settle a claim with Tharsos, Inc., and directed the General Manager and Counsel to draft and execute all necessary documents to resolve and settle the disputed claim, which would include a full release of all claims; and Agenda Item 25i: The board unanimously approved to extend the agreement of general counsel until May 30, 2022. OTAY WATER DISTRICT FINANCING AUTHORITY 26.NO MATTERS TO DISCUSS 27.ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 8:19 p.m. ___________________________________ President ATTEST: District Secretary (Director’s Signature) GM Receipt: Date: 01/07/22 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: 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 12/01/21 OWD Special Board Meeting Special Board Meeting - - 2 12/01/21 ACWA Fall Conference NO CHARGE - - 3 12/02/21 ACWA Fall Conference - 156 4 12/07/21 EO&WR Committee Meeting Meeting with GM, Legal and staff to discuss agenda items going to the January 5, 2022 board meeting - - 5 12/14/21 Ad-Hoc Salt Creek Golf Course Meeting Discuss Salt Creek Golf Course property matters - - 6 12/17/21 CWA Matters Meeting Discuss CWA Matters with GM Martinez and Director Croucher - - 7 12/20/21 OWD Special Board Meeting Special Board Meeting -- 8 12/29/21 Agenda Review Meeting Meeting with GM and Legal Counsel to review agenda items going to the January 5, 2022 board meeting - Total Meeting Per Diem: $ 1,064 ($152 per diem) Total Mileage Claimed: 156 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: Ryan Keyes Period Covered: Employee Number: 1896 From: 12-1-21 To: 12-31-21 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 12-1-21 OWD Regular Board Meeting Monthly Board Meeting - - 2 12-20-21 OWD Special Board Meeting Special Board Meeting - - 3 - - 4 - - 5 - - 6 - - 7 - - 8 - - 9 - - 10 - - Total Meeting Per Diem: $304 ($152 per meeting) Total Mileage Claimed: 0 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: Jose Lopez Period Covered: Employee Number: 7010 From: 12/1/21 To: 12/31/21 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 12/01/21 Otay Water District Special Board Meeting 2 12/07/21 Otay Water District Finance/Admin Committee 3 12/07/21 South County Economic Development Council Monthly Board meeting (No Charge) 4 12/20/21 Otay Water District Special Board Meeting 5 6 7 8 9 10 Total Meeting Per Diem: $ 456 ($152 per diem) Total Mileage Claimed: miles Mark Robak 7014 From:12/1/2021 12/31/2021 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 12/1/2021 ACWA Conference Semi-Annual meeting 0 0 2 12/1/2021 Otay Water District Special Board Meeting - NO CHARGE 0 0 3 12/2/2021 ACWA Conference Semi-Annual meeting 0 150 4 12/3/2021 East County Chamber of Commerce First Friday Breakfast - NO CHARGE 0 0 5 12/3/2021 Cuyamaca College Ornamental Horticulture Complex Grand Opening - NO CHARGE 0 0 6 12/6/2021 LAFCO Meeting Discussion of draft municipal service review on the Fallbrook region.0 0 7 12/7/2021 East County Chamber of Commerce Government Affairs & Infrastructure Committee -NO CHARGE 0 0 8 12/7/2021 Otay Finance & Administration Committee Discuss finance & operations issues 0 0 9 12/14/2021 Ad-Hoc Salt Creek Golf Course Committee Discuss disposition of property 0 0 10 12/15/2021 East County EDC Monthly Board Meeting 0 0 11 12/17/2021 LAFCO Special Districts Advisory Committee Discussion of government efficiency matters 0 0 12 12/20/2021 Otay Water District Special Board Meeting 0 0 0 150 $ 1,216 150 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ Pay To:Period Covered Employee Number Total Mileage Claimed: Director Signature ($152 PER MEETING) Total Meeting Per Diem: OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM