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HomeMy WebLinkAbout09-04-19 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY September 4, 2019 1. The meeting was called to order by President Thompson at 3:33 p.m. 2. ROLL CALL Directors Present: Croucher, Gastelum, Robak, Smith and Thompson Staff Present: General Manager Mark Watton, General Counsel Dan Shinoff, Chief of Engineering Rod Posada, Chief Financial Officer Joe Beachem, Chief of Administration Adolfo Segura, Chief of Operations Pedro Porras, Asst. Chief of Engineering Dan Martin, Asst. Chief of Operations Jose Martinez, 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 Smith, and seconded by Director Gastelum and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson Noes: None Abstain: None Absent: None to approve the agenda. 5. SAN DIEGO COUNTY WATER AUTHORITY OVERVIEW AND 75TH ANNIVERSARY PRESENTATION Mr. Jason Foster, Director of Administrative Services, and Ms. Christine Antoine, Principle Public Affairs Representative, of the San Diego County Water Authority (CWA) presented on how their organization would like to explore ways in which they can better respond to the needs of CWA’s member agencies. Mr. Foster also introduced Ms. Juanita Hayes, a consultant to CWA, who is assisting with the outreach program with CWA’s member agencies. This is a priority that came out of feedback from their member agencies. They reviewed how CWA would enhance communications and support through creating new opportunities to work together and to collaborate on programs and events. They indicated that they would monitor the effectiveness of their outreach plan on an ongoing basis and welcomed feedback from the member agencies’ board and staff on how they could further enhance the partnership. They responded to questions and comments from the 2 board and a photo with the District’s board and CWA’s staff was taken to utilize for CWA’s 75th Anniversary commemoration materials. 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. PUBLIC HEARING 7. PUBLIC HEARING ON THE PUBLIC HEALTH GOAL REPORT THE BOARD WILL BE HOLDING A PUBLIC HEARING TO CONSIDER APPROVING THE RECOMMENDATIONS IN THE PUBLIC HEALTH GOAL REPORT. THE BOARD INVITES THE PUBLIC TO PROVIDE COMMENTS ON THE REPORT. a) APPROVE THE RECOMMENDATIONS IN THE PUBLIC HEALTH GOAL (PHG) REPORT TO TAKE NO FURTHER ACTION IN REDUCING THE LEVELS OF THE FIVE CONSTITUENTS LISTED IN THE REPORT TO LEVELS AT OR BELOW THE PHGs (VACLAVEK) Systems Operations Manager Jake Vaclavek indicated that California Health and Safety Code 116470 specifies that larger water utilities (greater than 10,000 service connections) are required to prepare a special report every three years by July 1 if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-enforceable goals established by the Cal-EPA’s Office of Environmental Health Hazard Assessment (OEHHA). He stated that the State began requiring the PHG’s reports in 1998. Please reference attachment A to the staff report for the details of Mr. Vaclavek’s presentation. Director Croucher stepped off the dais at 4:19 p.m. and returned at 4:25 p.m. President Thompson opened the Public Hearing at 4:21 p.m. Ms. Daphne Galang indicated that she is a long-term resident of Spring Valley with a background in biochemistry. She stated that she feels the term “constituents” used in today’s agenda, is more correctly referred to as “chemicals”. She indicated that when she thinks of “constituents”, she thinks of “people”. She also stated that, although the speaker slip she submitted states she would support the levels of the chemicals listed in the staff report (arsenic, gross alpha, gross beta, uranium and bromate), they are toxic radio chemicals and she feels they should still be set to zero. She lastly shared that she supports the use of biodegradable household products by residents. With no other public members wishing to be heard, President Thompson closed the Public Hearing at 4:24 p.m. 3 Director Robak shared an article regarding PFA toxins (Perfluorinated Chemicals) found in drinking water throughout San Diego (PFA’s are most often associated with industrial waste and from consumer products like GoreTex, Teflon, StainMaster carpets, Scotchgard, and other flame retardants and non-stick products.) The article states that these chemicals do not breakdown in nature and the CDC (Center for Disease Control) has detected PFA’s in the blood of 98% of people (12+ years old) who were tested for the chemicals. The article also indicates that they have not been able to quantify what impact it has on people. They suspect it is not critical, but they do not really know. Director Robak stated that three (3) municipalities in small townships in Pennsylvania, have taken steps to remove all PFA’s in their water supplies. They are the only municipalities who have done so in the United States. He asked how the District can begin to address this concern. Mr. Vaclavek indicated that there has been a lot of discussion on this issue and bills have been passed in the State Legislature to address it. The State will be providing further guidance on how the issue will be addressed. He stated under current statutes, if a municipality is required to do monitoring, they would likely need to report the results in the its Consumer Confidence Reports (CCRs/Water Quality Reports). The District is monitoring contaminants/chemicals in its water supplies under UCMR 3 (Third Unregulated Contaminant Monitoring Rule) and the results have been “non-detect”. Director Smith noted that most PFA’s make their way into groundwater systems. San Diego drinking water is mostly collected from surface water, so it not as impacted as groundwater systems as in the Greater Los Angeles area. He also indicated that people are exposed to PFA’s from Teflon coated pans, Scotchgard rugs and upholstery, food plastic packaging, and flame-retardant clothing. He stated that people receive more exposure from these sources in their lifetime than in any amount of water they would drink. A motion was made by Director Smith, and seconded by Director Thompson and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson Noes: None Abstain: None Absent: None to approve staffs’ recommendation. CONSENT CALENDAR 8. 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 Smith, and seconded by Director Croucher and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson 4 Noes: None Abstain: None Absent: None to approve the following consent calendar items: a) ADOPT RESOLUTION NO. 4370 FOR THE ANNEXATION OF THE PROPERTY OF THE AUDAY A. SALEM SEWER ANNEXATION, 10610 SNYDER ROAD, LA MESA, CA 91941, APN 497-011-37-00, TO THE OTAY WATER DISTRICT AND TO IMPROVEMENT DISTRICT 18 b) APPROVE AN INCREASE TO THE OVERALL BUDGET OF CIP S2024 IN AN AMOUNT NOT-TO-EXCEED $450,000 (FROM $10,530,000 TO $10,980,000) AND APPROVE CHANGE ORDER NO. 6 TO THE EXISTING CONSTRUCTION CONTRACT WITH WIER CONSTRUCTION CORPORATION IN AN AMOUNT NOT-TO-EXCEED $289,908.63 FOR THE CAMPO ROAD SEWER REPLACEMENT PROJECT c) AWARD A PROFESSIONAL SERVICES CONTRACT FOR AS-NEEDED ELECTRICAL ENGINEERING CONSULTING SERVICES WITH MORAES, PHAM AND ASSOCIATES IN AN AMOUNT NOT-TO-EXCEED $175,000 DURING FISCAL YEARS 2020-2022 (ENDING JUNE 30, 2022) d) AWARD A PROFESSIONAL SERVICES CONTRACT TO MURRAYSMITH, INCORPORATED FOR AS-NEEDED PLAN CHECK SERVICES FOR DEVELOPER POTABLE AND RECYCLED WATER PROJECTS IN AN AMOUNT NOT-TO-EXCEED $175,000 FOR A PERIOD OF THREE (3) FISCAL YEARS (FY 2020, FY 2021, AND FY 2022) WITH A CONTRACTUAL END DATE OF JUNE 30, 2022 ACTION ITEMS 9. BOARD a) DISCUSSION OF 2019 BOARD MEETING CALENDAR The board discussed that the District’s practice has been to cancel the December Board of Directors meeting. It was suggested that the board would leave the decision to the discretion of the President, through discussions with the General Manager, if a meeting is needed in December. INFORMATIONAL ITEMS 10. THIS ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS. a) REVIEW THE RESULTS OF THE 2019 EMPLOYEE SURVEY 5 Human Resources Manager Kelli Williamson indicated that staff worked with its consultant, Rea & Parker Research, to conduct an employee survey in May 2019. Doctors Lou Rea and Richard Parker were in attendance to present the findings of the survey. Ms. Williamson stated that employee surveys are conducted to measure employees’ opinions about compensation, workload, teamwork, employees’ perceptions about management, resources, etc. The District has conducted these surveys from time-to-time and the last survey was conducted in 2010. The findings of this survey indicate that the District is fulfilling its responsibilities to its employees to an outstandingly high degree. Please reference attachment A to the staff report for the details of Ms. Williamson’s and Drs. Rea and Parker’s presentations. Doctors Rae and Parker responded to comments and questions from the board. The board was pleased with the results of the survey. b) FOURTH QUARTER OF FISCAL YEAR 2019 CAPITAL IMPROVEMENT PROGRAM REPORT Assistant Chief of Engineering Dan Martin provided an update on the District’s fourth quarter of fiscal year 2019 Capital Improvement Program (CIP). Please reference the Committee Action notes (Attachment A) attached to the staff report for the details of Mr. Martin’s report. Director Smith commended staff on their success in meeting the CIP budget for this fiscal year. Staff achieved 105% of the CIP budget. He stated there were projects carried over from the prior fiscal year and productivity increases in contract amounts. The additional 5% was not due to overspending, but due to high productivity. He indicated that additionally, staff achieved a very low change order rate of 3.1% (the target is 5%). He stated that by the District achieving such a low rate, it will reduce the rate increase percentage required in the District’s next fiscal year budget. It was indicated that if the District met the change order target of 5%, the increase to rates would be approximately 0.7%. Mr. Martin responded to additional comments and questions from the board c) UPDATE ON THE DISTRICT’S SOCIAL MEDIA AND WEBSITE ANALYTICS Communications Officer Tenille Otero and Communications Assistant Eileen Salmeron provided an update on the District’s use of Social Media platforms for community outreach and the analytics from the District’s public facing website. Please reference the Committee Action notes (Attachment A) attached to the staff report for the details of Ms. Otero’s and Ms. Salmerons presentation. Ms. Otero responded to questions and comments from the board. Director Croucher stepped off the dais at 5:49 p.m. and returned at 5:51 p.m. 6 d) YEAR-END REPORT ON THE DISTRICT’S FISCAL YEARS 2019-2022 STRATEGIC PERFORMANCE PLAN FOR FISCAL YEAR 2019 Chief of Administrative Services Adolfo Segura indicated that the District’s current Strategic Plan is a four-year plan ranging from the start of fiscal year 2019 to fiscal year 2022 (FY 2022). He stated that his report reviews the year-end results of the first year (FY 2019) of the four-year plan. Please reference the Committee Action notes (Attachment A) attached to the staff report for the details of Mr. Segura’s report. The board suggested with regard to the goal for Annual Overtime Budget (F1.05) that staff break out the percentage of the overtime budget that was utilized by the different departments (Operations, Engineering, etc.). Mr. Segura responded to additional questions and comments from the board. REPORTS 11. GENERAL MANAGER’S REPORT General Manager Watton presented information from his report which included an update on the renewal of the District’s health plan, the employee appreciation luncheon, AMR change-outs, fiscal year 2020 rate notices, the 870-2 Pump Station Replacement Project, maintenance at the City of San Diego’s South Bay Water Reclamation Plant, the inspection of the Ralph W. Chapman Water Reclamation Facility by the County of San Diego Department of Environmental Health, and water sales and purchases. 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Croucher reported that CWA is also providing their employee’s an appreciation luncheon which is scheduled on October 3, 2019. He stated that Mr. Dan Denham, CWA Assistant General Manager, will be presenting on the Bay Delta Conveyance Project at the Council of Water Utilities meeting this month. He also reported that CWA is continuing to work on the Fallbrook PUD and Rainbow MWD deannexation issue and the lawsuit with MWD. He shared there are currently no meetings scheduled with MWD to discuss the lawsuit, but CWA is open to meeting if MWD wished to meet. He stated the GM recruitment is fully underway and they should have an update to report at CWA’s September board meeting. He lastly indicated that they are continuing to discuss storage options at Lake Meade. Director Smith further reported that CWA voted, as it is impacted by the possible deannexation of Fallbrook PUD and Rainbow MWD, to defer the proposed $30 million dollar project for the construction of two (2) pump stations at the San Vicente Reservoir which would have delivered water to the northern agencies. He stated that he had shared with CWA, OWD’s use of as-needed contracts where the as- needed consultants bid on work on an as-needed basis making the cost for such services competitive. He indicated that CWA is interested in exploring the use of as-needed contracts. He lastly shared with regard to the $2.4 million awarded to CWA in the MWD lawsuit, that CWA is looking for projects related to conservation outreach to fund with the monies by June 30, 2020. 7 13. DIRECTORS' REPORTS/REQUESTS Director Gastelum reported that he attended the HydroStation Launch Event. He stated that he very much supports the project and its purpose of exposing students to jobs in the water industry with the goal of recruiting the next generation of water industry professionals. Director Smith reported that he attended the District’s regular board meeting, Engineering Operations and Water Resources Committee, Desalination Project Committee, the CWA Matters and the East County Caucus meetings. He noted that the Desalination Project Committee members agreed with staff’s recommendation to renew the District’s Letter of Interest in possibly acquiring water from the Rosarito Desalination Project. Director Robak shared that he read that new sprinklers will be more expensive in California beginning in 2020, as spray sprinklers will be required to operate as close as possible to 30 psi which is the manufacturers recommended level. He also shared that there is a series on Amazon Prime Video titled, “Goliath,” which portrays a real life situation about a lawyer, Mr. Bill McBride, who has taken a case in drought stricken Central Valley against a billionaire farmer and his sister who scheme to steal water (groundwater) from the towns people. He also presented a PowerPoint about the first water agency, Coronado Beach Co., to serve Coronado, California, in 1886. It was incorporated by Mr. Elisha Babcock, Jr. who also built the Hotel del Coronado. Director Gastelum stepped off the dais at 6:29 p.m. and returned at 6:32 p.m. 14. PRESIDENT’S REPORT President Thompson’s report is attached. He shared that he and General Manager Watton met with the City Manager of the City of Chula Vista, Mr. Gary Halbert. He stated that the City indicates they wish to continue with the District providing the City with sewer billing services. He also shared that Sweetwater Authority has approached the District about working with them to explore new opportunities for recycled water. He stated that he referred the review of the request to the District’s Engineering Operations and Water Resources Committee to make recommendation to the board. 15. CLOSED SESSION The board recessed to closed session at 6:40 p.m. to discuss the following matter: a) CONFERENCE WITH LEGAL COUNSEL – POTENTIAL [GOVERNMENT CODE §54956.9] 1 CASE -- CWA MEMBER AGENCY DETACHMENTS Director Croucher left the meeting at 6:40 p.m. 8 The board reconvened at 7:59 p.m. and General Counsel Dan Shinoff indicated that the board took no reportable actions in closed session. OTAY WATER DISTRICT FINANCING AUTHORITY 16. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 17. ADJOURNMENT With no further business to come before the Board, President Thompson adjourned the meeting at 7:59 p.m. ___________________________________ President ATTEST: District Secretary 9 President’s Report Mitch Thompson September 4, 2019 Board Meeting # Date Meeting Purpose 1 1-Aug Casa Familiar 33rd Annual Awards Gala Represented the District at the event 2 2-Aug Agenda Briefing Met with General Manager Watton and General Counsel Shinoff to review items that will be presented at the August Board Meeting 3 5-Aug Meeting with the City Manager of Chula Vista, Gary Halbert. Discussed sewer billing for the City of Chula Vista 4 6-Aug SCEDC Board Meeting Represented the District at their Monthly Meeting 5 6-Aug Ad Hoc GM Evaluation Committee Discuss the GM evaluation process 6 7-Aug OWD Regular Board Meeting Monthly Board Meeting 7 27-Jun Board Agenda Briefing Met with General Manager Watton and General Counsel Shinoff to review items that will be presented at the July Board Meeting 8 15-Aug Chula Vista Elementary School District HydroStation Launch Event Represented and spoke on behalf of the District at the event 9 16-Aug Committee Agenda Briefing Met w/ General Manager Watton to review items that will be presented at the August committee meetings 10 20-Aug Finance and Administration Committee Reviewed items that will be presented at the Sept board meeting 11 27-Aug Otay Mesa Chamber Monthly Meeting Represented the District at the meeting 12 28-Aug Desalination Project Committee Received an update on the Rosarito Desalination Project and discussed a LOI 10 13 29-Aug Agenda Briefing Met with General Manager Watton and General Counsel Shinoff to review items that will be presented at the Sept Board Meeting