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HomeMy WebLinkAbout12-01-21 Board Minutes 1 MINUTES OF THE SPECIAL BOARD MEETING OF THE BOARD OF DIRECTORS OTAY WATER DISTRICT December 1, 2021 1. President Smith called the meeting to order at 3:03 p.m. 2. ROLL CALL Directors Present: Croucher (arrived at 3:26 p.m.), Keyes, Lopez, Robak, and Smith Staff Present: General Manager Jose Martinez, General Counsel Dan Shinoff, General Counsel Jeanne Blumenfeld, Chief of Administration Adolfo Segura, Chief Financial Officer Joe Beachem, 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 THE 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. 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. ACTION ITEM 6. 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, 2 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 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 authorize staff to conduct remote teleconference meetings of the Board of Directors, including committee meetings, for the next 30 days pursuant to Resolution No. 4401 which the board adopted on September 27, 2021, and in accordance with the provisions of Government Code § 54953(e). RECESS TO CLOSED SESSION 7. CLOSED SESSION The board recessed to closed session at 3:07 p.m. to discuss the following matters: a) LIABILITY CLAIMS PURSUANT TO GOVERNMENT CLAIM SECTION 54956.95 CLAIMANT: MS. JOURDAN HALLARE AGENCY CLAIMED AGAINST: OTAY WATER DISTRICT b) 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 Director Croucher arrived at 3:26 p.m. RETURN TO OPEN SESSION 8. REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD MAY ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION. 3 The board reconvened from closed session at approximately 3:44 p.m. and General Counsel Dan Shinoff reported that the board took one reportable action in closed session. The board unanimously (5-0) rejected Ms. Jourdan Hallare’s claim against the Otay Water District. 9. ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 3:44 p.m. President ATTEST: District Secretary