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Home My WebLink About02-03-21 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY February 3, 2021 1. The meeting was called to order by President Smith at 3:35 p.m. 2. ROLL CALL Directors Present: Croucher, Keyes, Lopez (Arrived at 3:37 p.m.), 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, District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by Director Robak, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Croucher, Keyes, Robak and Smith Noes: None Abstain: None Absent: Director Lopez to approve the agenda. 5. APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 7, 2020 AND SPECIAL BOARD MEETING OF DECEMBER 4, 2020 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 Absent: None to approve the minutes of the regular board meeting of October 7, 2020 and special board meeting of December 4, 2020. 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) AUTHORIZE AN AGREEMENT WITH KIRK PAVING IN AN AMOUNT NOT- TO-EXCEED $141,980.00 FOR THE FINAL PAVING WORK ON OLYMPIC PARKWAY TO ENSURE THE ROAD IS TO CODE, PER THE CITY OF CHULA VISTA’S REGULATIONS b) APPROVE AN INCREASE TO THE BUDGET FOR CIP P2083 FOR THE 870-2 PUMP STATION REPLACEMENT PROJECT IN AN AMOUNT NOT- TO-EXCEED $300,000.00 (FROM $19,550,000.00 TO $19,850,000.00) ACTION ITEMS 8. ENGINEERING AND OPERATIONS a) APPROVE THE WATER SUPPLY ASSESSMENT REPORT DATED DECEMBER 2020 FOR THE COUNTY OF SAN DIEGO’S OTAY HILLS PROJECT, AS REQUIRED BY SENATE BILL 610 Environmental Compliance Specialist Lisa Coburn-Boyd requested that the Board approve the Water Supply Assessment Report and Verification dated December 2020 for the County of San Diego’s Otay Hills Project, as required by Senate Bill 610. Please reference Exhibit D to the staff report for details of Ms. Coburn-Boyd’s presentation. Following Ms. Coburn-Boyd’s presentation, the board had no comments or questions. 3 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 staff’s recommendation. 9. FINANCE a) ADOPT ORDINANCE NO. 581 TO AMEND SECTION 72, PENALTIES AND DAMAGES, OF THE DISTRICT’S CODE OF ORDINANCES EFFECTIVE MARCH 1, 2021, TO ALLOW THE DISTRICT TO LIEN RENTAL PROPERTY IF THERE ARE OUTSTANDING BALANCES OWED BY TENANTS, AND TO EXPAND THE SCOPE OF WHEN THE DISTRICT CAN REQUIRE A PROPERTY TO REMAIN IN THE OWNER’S NAME Customer Service Manager Andrea Carey requested that the Board adopt Ordinance No. 581 to amend Section 72, Penalties and Damages, of the District’s Code of Ordinances effective March 1, 2021 to allow the District too lien rental property if there are outstanding balances owed by tenants, and to expand the scope of when the District can require a property to remain in the owner’s name. Please reference the staff report for the details of Ms. Carey’s presentation. In response to a question from President Smith, Ms. Carey stated that approximately 6,800 property owners/tenants with delinquencies will be notified (via correspondence and email) of the District’s updated lien process. Staff responded to additional comments and 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. 10. BOARD a) DISCUSS THE 2021 BOARD MEETING CALENDAR There were no changes to the board meeting calendar. 4 REPORTS 11. 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. 12. 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. 13. 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. 14. PRESIDENT’S REPORT 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 15. 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] 5 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 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 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 17. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 18. 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