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Home My WebLink About03-03-21 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT, OTAY WATER DISTRICT FINANCING AUTHORITY, AND OTAY SERVICE CORPORATION March 3, 2021 1. The meeting was called to order by President Smith at 3:38 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 of Engineering Rod Posada, Chief Financial Officer Joe Beachem, Chief of Administration Adolfo Segura, Chief of Operations Pedro Porras, Asst. Chief of Finance Kevin Koeppen, Acting 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 Lopez, 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. APPROVE THE MINUTES OF THE REGULAR MEETINGS OF JANUARY 6, 2021 AND FEBRUARY 3, 2021 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 minutes of the regular board meetings of January 6, 2021 and February 3, 2021. 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. 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 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 following consent calendar items: a) GENERAL MANAGER’S EXECUTION OF AN EMERGENCY AGREEMENT WITH CASS-ARRIETA CONSTRUCTION TO REPAIR THE DISTRICT’S 16- INCH WATER MAIN AND ROAD ON PASEO LADERA IN CHULA VISTA, CAUSED BY A MAIN BREAK, UPDATE ACTION ITEMS 8. FINANCE a) ADOPT RESOLUTION NO. 4392 AUTHORIZING THE DISSOLUTION OF THE OTAY SERVICE CORPORATION (KOEPPEN) Kevin Koeppen, Assistance Chief of Finance, requested that the Board adopt Resolution No. 4392 authorizing the dissolution of the Otay Service Corporation (OSC). He indicated that dissolution of the OSC would bring savings to the District. Please reference the staff report for details of Mr. Koeppen’s presentation. A motion was made by Director Robak, 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. 3 b) ADOPT RESOLUTION NO. 4393 AMENDING POLICY NO. 45, THE DEBT POLICY, OF THE DISTRICT’S CODE OF ORDINANCES (FAKHOURI) Finance Manager Eid Fakhouri requested that the Board adopt Resolution No. 4393 to amend Policy No. 45, The Debt Policy, of the District’s Code of Ordinance. He noted that amending Policy No. 45 would save the District money. Please reference the staff report for details of Mr. Fakhouri’s presentation. 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. 9. BOARD a) DISCUSS THE 2021 BOARD MEETING CALENDAR There were no changes to the board meeting calendar. 10. RECESS OTAY WATER DISTRICT BOARD MEETING AND CONVENE A MEETING OF THE OTAY SERVICE CORPORATION The Otay Water District board meeting was recessed at ?:?? p.m. and a meeting of the Otay Service Corporation board was convened. 11. ROLL CALL Directors Present: Croucher, Keyes, Lopez, Robak and Smith 12. ADOPT RESOLUTION NO. 1008 AUTHORIZING THE DISSOLUTION OF THE OTAY SERVICE CORPORATION (KOEPPEN) Kevin Koeppen, Assistance Chief of Finance, requested that the Board adopt Resolution No. 1008 authorizing the dissolution of the Otay Service Corporation (OSC). He indicated that dissolution of the OSC would bring savings to the District. Please reference the staff report for details of Mr. Koeppen’s presentation. A motion was made by Director Robak, seconded by Director Keyes and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None 4 Absent: None to approve staff’s recommendation. 13. ADJOURN OTAY SERVICE CORPORATION BOARD MEETING AND CONVENE THE OTAY WATER DISTRICT BOARD MEETING President Smith adjourned the Otay Service Corporation board meeting at ?:?? p.m. and reconvened the Otay Water District board meeting. 14. REPORTS 15. GENERAL MANAGER’S REPORT General Manager Martinez presented information from his report that included the District’s response to the COVID-19 pandemic, new Cal-OSHA 3205 COVID-19 Emergency Regulation, fiscal year 2022 budget preparation, inter-agency assistance, and customer service feedback. Mr. Martinez also provided an update of the Paseo Ladera emergency break and ongoing repairs located in Chula Vista (Division 4). Since his last update at the January 6th board meeting, he reported that the District was unable to complete the paving process due to rain. It is anticipated that paving will be completed within a week or less and accessible to the public by mid-February. Following his presentation, Mr. Martinez and staff responded to comments and questions from the board. 16. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Smith provided an update of CWA’s Fiscal Sustainability Task Force, water sales and projections, and Metropolitan Water District’s single-tunnel Bay-Delta project. Director Lopez thanked President Smith for the invitation to attend CWA meetings. President Smith stated that he will inform board members of CWA meetings that may be beneficial for them to attend. He indicated that board members are entitled to attend four (4) CWA board meetings a year. 17. DIRECTORS' REPORTS/REQUESTS Directors Croucher, Keyes, Lopez and Robak indicated that they will submit their written report to the District Secretary Cruz, which will be attached to the minutes for today’s meeting. Director Croucher left at 4:37 p.m. 18. PRESIDENT’S REPORT 5 President Smith reported that he attended his normal meetings and that he has submitted a written report to District Secretary Cruz, which will be attached to the minutes for today’s meeting. RECESS TO CLOSED SESSION 19. CLOSED SESSION The board recessed to closed session at 4:41 p.m. to discuss the following matter: a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SERVICES [GOVERNMENT CODE §54957] b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERNMENT CODE §54956.9] KESSNER, ET AL. vs. CITY OF SANTA CLARA, ET AL.; CASE NO. 20CV364054, SANTA CLARA COUNTY SUPERIOR COURT 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 REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTE PARKWAY CHULA VISTA, CA 91914 Agency negotiator: General Counsel Under negotiation: Disposition of Property RETURN TO OPEN SESSION 20. 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 5:15 p.m. and General Counsel Dan Shinoff reported that the board took no reportable actions in closed session. OTAY WATER DISTRICT FINANCING AUTHORITY 21. NO MATTERS TO DISCUSS 6 There were no items scheduled for discussion for the Otay Water District Financing Authority board. 22. ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 5:15 p.m. /s/ Tim smith President ATTEST: /s/ Tita Ramos-Krogman Acting District Secretary