HomeMy WebLinkAbout03-07-18 Board Minutes 1
MINUTES OF THE
BOARD OF DIRECTORS MEETING OF THE
OTAY WATER DISTRICT
March 7, 2018
1. The meeting was called to order by President Smith at 3:31 p.m.
2. ROLL CALL
Directors Present: Croucher, Gastelum, Robak, Smith and Thompson
Staff Present: General Manager Mark Watton, General Counsel Daniel
Shinoff, Chief of Engineering Rod Posada, Chief Financial
Officer Joe Beachem, Chief of Administration Adolfo
Segura, Asst. Chief of Operations Jose Martinez, Assistant
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 Thompson, and seconded by Director Croucher
and carried with the following vote:
Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: None
to approve the agenda as amended above.
5. APPROVE THE MINUTES OF THE SPECIAL BOARD MEETING ON
DECEMBER 11, 2017
A motion was made by Director Robak, 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 minutes of the special board meeting of December 11, 2017.
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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 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 Thompson, seconded by Director Croucher and
carried with the following vote:
Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: None
to approve the following consent calendar items:
a) APPROVE AN AGREEMENT WITH ADP, LLC, FOR SOFTWARE
SERVICES RELATED TO PAYROLL AND PERSONNEL MANAGEMENT
IN THE AMOUNT OF $18,675 FOR IMPLEMENTATION COSTS AND AN
ANNUAL SERVICE FEE OF $58,009
b) APPROVE A PAYMENT IN THE AMOUNT OF $129,248 TO SAN DIEGO
GAS & ELECTRIC FOR NEW ELECTRIC SERVICE FOR THE 870-2
PUMP STATION REPLACEMENT PROJECT
c) APPROVE AN INCREASE TO THE CIP S2045 BUDGET IN THE
AMOUNT OF $60,000 AND AWARD A CONSTRUCTION CONTRACT
TO BURTECH PIPELINE INCORPORATED FOR THE FUERTE DRIVE
SEWER RELOCATION PROJECT IN AN AMOUNT NOT-TO-EXCEED
$193,690
d) REJECT ALL BIDS FOR THE CONSTRUCTION OF THE STEELE
BRIDGE SEWAGE PUMP STATION WET WELL IMPROVEMENTS
PROJECT (R2118)
e) REJECT ALL BIDS FOR CONSTRUCTION OF THE 520 RESERVOIRS
CHEMICAL FEED IMPROVEMENTS PROJECT (P2557)
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ACTION ITEMS
8. GENERAL MANAGER
a) APPROVE DONATION TO ASSOCIATION OF CALIFORNIA WATER
AGENCIES (ACWA) FOR WATER EDUCATION (OTERO)
Communications Officer Tenille Otero indicated that staff is requesting that the
board approve a contribution of $10,000 to the Association of California Water
Agencies (ACWA) for an educational campaign related to the tax on drinking
water (SB 623, Monning). She reviewed information in the staff report (attached
as agenda item 7a). She noted that since finalizing the staff report, ACWA has
completed additional work. They have reviewed four proposals from Sacramento
firms and selected Runyon Saltzman, Inc. to work on a strategic plan and a
campaign to assist ACWA and its member agencies to educate stakeholders and
ratepayers about the proposed tax on drinking water. She indicated that the
$10,000 contribution is not included in the District’s FY 2018 budget and will be
covered through areas in the budget that are anticipated to not be fully expended
by fiscal year end.
General Manager Watton added that the District’s neighboring agencies are all
considering contributing and some have already contributed. He noted that most
are being requested to contribute at the same level as the District, $10,000.
In response to an inquiry from Director Croucher, staff indicated that the District’s
membership fee for this fiscal year was approximately $24,000. Director
Croucher indicated that the purpose of the campaign is to educate the public on
the proposed water tax with the goal of defeating the bill and the implementation
of a tax on water, and thus, saving the ratepayers money. It was discussed that
it was not clear if the contribution would be legal and it has been confirmed in the
last couple days that the District’s contribution would be legal as it is for the
purpose of educating the public.
Director Robak indicated that he has just returned from ACWA’s legislative
conference held in Washington, D.C. and he was disappointed in the conference
and wished to separate that disappointment from this endeavor.
A motion was made by Director Thompson, 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
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to approve the contribution of $10,000 to ACWA for an educational campaign
related to the tax on drinking water (SB 623).
9. BOARD
a) DISCUSSION OF 2017 BOARD MEETING CALENDAR
Director Thompson indicated that he will not be able to attend the July 2018
board meeting. There were no changes to the board meeting calendar.
INFORMATIONAL ITEM
10. THE FOLLOWING ITEMS ARE PROVIDED TO THE BOARD FOR
INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE
FOLLOWING AGENDA ITEMS:
a) PRESENT RESULTS OF THE CURRENT SEWER COST OF SERVICE
STUDY PREPARED BY HDR ENGINEERING, INC.
Assistant Chief of Finance Kevin Koeppen provided the board an update on the
current sewer cost of service study prepared by the District’s consultant, Mr. Tom
Gould of HDR Engineering, Inc. Please reference the Committee Action notes
(Attachment A) attached to the staff report for the details of Messrs. Koeppen
and Gould’s reports.
Director Thompson noted that it was discussed in the District’s Finance &
Administration Committee that there are two items which will impact sewer rates:
1. Metro Commission rates are increasing
2. Debt will be issued for sewer system enhancements
Staff will analyze the impact and smooth sewer rate increases as much as
possible.
General Manager Watton explained why the Metro Commission rates are
increasing. He stated the City of San Diego must either have a waiver or a
permit for their Point Loma Treatment Plant for their “Pure Water Program” or for
a “Secondary Upgrade”. He indicated that both are tremendously expensive.
Thus, the cost is increasing to treat the sewage and comply with Federal and
State mandates. The City is currently pursuing the Pure Water Program
alternative and the District is working with the City to assure that the cost
apportionment for the Metro Commission members is in compliance with
Proposition 218. Director Thompson noted that the City of Chula Vista
Interagency Water Task Force discussed the same issue at their last meeting
with the interest in protecting its ratepayers as well.
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b) SECOND QUARTER OF FISCAL YEAR 2018 CAPITAL IMPROVEMENT
PROGRAM REPORT
Engineering Manager Dan Martin provided an update on the 2nd quarter of the
District’s 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.
In response to an inquiry from Director Robak, Mr. Martin indicated that the
construction he observed on Campo Road was the District’s Campo Road Sewer
Replacement Project. The large rig near the east bound State Route 94 is boring
20 feet deep and 150 feet across the road for the installation of new sewer lines.
Mr. Martin indicated that he did not believe that the 850-2 reservoir was damaged
during the fire. He stated that the District did have some facilities damaged in the
fire and that the District did receive insurance monies for the damages.
President Smith indicated that the Engineering, Operations and Water Resources
Committee had discussed advancing some CIP projects to allow the District to
meet its target percentage for CIP budget expenditures at fiscal year-end.
c) FISCAL YEAR 2018 MID-YEAR STRATEGIC PLAN UPDATE
Chief of Administrative Services Adolfo Segura presented the Strategic Plan mid-
year report. Please reference the Committee Action notes (Attachment A)
attached to the staff report for the details of Mr. Segura’s report.
Director Croucher suggested that once the new Strategic Plan has been finalized
that the metrics not be changed during the three (3) to five (5) year period of the
plan. This would allow the District to track the progress of the goals year-to-year.
REPORTS
The board waived presentation of the following reports:
11. GENERAL MANAGER’S REPORT
General Manager Watton presented information from his report which included
an update on the mutual aid agreement with CWA member agencies, the Vista
Vereda and Hidden Mesa Water pipeline replacement project, trails at the Habitat
Management Area, enrollment in SDG&E’s EcoChoice Program, the treatment
plant permit violation, and potable and recycled water purchases. He also noted
that there are several handouts on the dias for each member of the board. He
highlighted information from two of the handouts: 1) an article wherein
Consolidated Water provides an update on the Rosarito Desalination Project,
and 2) an article on the proposed Bay Delta Tunnels. The board had comments
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and questions concerning a few items in the General Manager’s report and the
handouts. Staff responded to the questions and comments.
12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE
Director Croucher reported that the recent storms have brought snow and it has
been decided to wait until after the storms have passed to measure the
snowpack. He stated that CWA has scheduled additional MWD outreach
meetings to work to reach common grounds in both day-to-day operations and
the lawsuit. He shared that Ms. Yen Tu, the longest serving City of San Diego
representative, has retired from CWA’s board. He noted that there is a chance
she may return to her seat if she can resolve some conflict issues.
Director Croucher also indicated that CWA has moved the General Counsel’s
review, which will now be performed at the same time as the General Manager’s
review. He shared with regard to the proposed twin tunnels project in the Bay
Delta, a group of California cities have filed a lawsuit asserting that there were
meetings held on several occasions behind closed doors which violated the
Brown Act. He noted that he attended, along with Director Robak, the ACWA
Annual Washington D.C. Conference.
President Smith additionally reported that CWA reviewed the lawsuit with MWD
in detail with the members of their board. They presented how much each
member agency would receive from the lawsuit related to the water stewardship
rate. He indicated that Otay WD would receive $3.1 million for the years 2011 to
2014. The lawsuit is in the appeal process and it is not certain when the monies
would be received. The monies awarded by the lawsuit is earning 10% interest
while it is in the appeal process and the interest would drop to 7% once the
appellate court remands it back to the district court. He also shared that CWA
presented a legislative update recently and their projections for water use. They
felt that the water use projections were too high as their water sales and
revenues were down 8%. He stated that CWA indicated that the lower revenue
is not a problem as their cost is 12% lower because they are buying less
expensive water.
13. DIRECTORS' REPORTS/REQUESTS
Director Thompson reported that he will be attending the San Diego Regional
Chamber of Commerce Binational Trip to Mexico City in April.
Director Gastelum reported that he participated in the MWD Hoover Dam/
Colorado River Aqueduct and State Water Project tours. He also indicated that
he attended the CSDA Special District Leadership Academy. He stated that his
attendance earns credits that reduce the cost of the District’s liability insurance
premiums.
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Director Robak indicated that he attended the ACWA Annual Washington D.C.
Conference. He indicated that he had communicated to the President of ACWA
that he was disappointed that he and Director Croucher were not made aware of
the changes in the legislator meeting schedule and, thus, were not able to attend
any of the meetings with the legislators. ACWA’s president apologized and
explained that the schedule had changed due to Reverend Billy Graham lying in
honor in the Capitol Rotunda. Director Robak noted that Director Croucher and
he were able to visit the Capitol Rotunda to pay their respect to Reverend
Graham. He also shared that he attended MWD’s State Water Project/Bay Delta
tour which included a visit to the Orville Dam and that he was happy that the
District is live streaming its board meetings as it is something he has wanted to
do for some time.
14. PRESIDENT’S REPORT
President Smith reported on the meetings he attended during the month of
February 2018 (his report is attached). He noted that he attended, on Director
Robak’s and Croucher’s behalf, the Metro Commission meeting scheduled on
March 1 as both Directors Robak and Croucher were attending the ACWA
Annual Washington D.C. Conference. It was discussed at the Commission
meeting that the design phase of the City of San Diego’s Pure Water Project is
almost complete and the City will start issuing contracts for the construction of
the project worth $1.1 to 1.2 billion. He noted the construction management firm
for the project has already been hired, CH2M Hill, for $45 million. He also
reported that he will become the main representative to the Metro Commission
and Director Robak will become the alternate representative. He lastly shared
that the quarterly meetings for each of the Directors to meet with General
Manager Watton have been scheduled and Directors have attended their first
quarterly meetings with the General Manager.
15. CLOSED SESSION
The board recessed to closed session at 5:28 p.m. to discuss the following
matters:
a) CONFERENCE WITH LABOR NEGOTIATORS [GOVERNMENT CODE
§54957.6]
AGENCY DESIGNATED REPRESENTATIVES: MARK ROBAK AND TIM
SMITH
EMPLOYEE ORGANIZATION: OTAY WATER DISTRICT EMPLOYEES’
ASSOCIATION
AND
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ALL REPRESENTED AND UNREPRESENTED PERSONNEL
INCLUDING MANAGEMENT AND CONFIDENTIAL EMPLOYEES
b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[GOVERNMENT CODE §54956.8]
PROPERTY: SALT CREEK GOLF COURSE
525 HUNTE PARKWAY
CHULA VISTA, CA 91914
AGENCY NEGOTIATOR: MARK WATTON, GENERAL MANAGER
NEGOTIATING PARTIES: BILL McWETHY, PACIFIC HOSPITALITY
GROUP
UNDER NEGOTIATIONS: INSTRUCT NEGOTIATOR CONCERNING
PRICE, TERMS OF PAYMENT, OR BOTH,
FOR THE PURCHASE, SALE AND/OR
LEASE OF THE PROPERTY.
c) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[GOVERNMENT CODE §54956.9]
OTAY WATER DISTRICT v. CITY OF SAN DIEGO; CASE NO. 37-2017-
00019348-CU-WM-CTL
16. ADOPT RESOLUTION NO. 4343 TO APPROVE A ONE (1) YEAR EXTENSION
(JULY 1, 2018 THORUGH JUNE 30, 2019) TO THE CURRENT
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE OTAY WATER
DISTRICT AND THE OTAY WATER DISTRICT EMPLOYEE’S ASSOCIATION,
TO INCLUDE A COST-OF-LIVING ADJUSTMENT UNDER THE SAME TERMS
AS REFERENCED IN THE MOU FOR YEARS 2015 THROUGH 2017 FOR
REPRESENTED EMPLOYEES, AND APPROVE THE SAME PROVISIONS
FOR MANAGEMENT, CONFIDENTIAL AND EXECUTIVE EMPLOYEES
The board reconvened from closed session at 5:55 p.m. General Counsel
Shinoff presented Resolution No. 4343 for the board’s adoption.
A motion was made by Director Croucher, 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
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to adopt Resolution No. 4343 to approve a one (1) year extension (July 1, 2018
through June 30, 2019) to the current Memorandum of Understanding (MOU)
between the Otay Water District and the Otay Water District Employee’s
Association, to include a cost-of-living adjustment under the same terms as
referenced in the MOU for years 2015 through 2017 for represented employees,
and approve the same provisions for management, confidential and executive
employees.
17. REPORT ON ANY OTHER ACTIONS TAKEN IN CLOSED SESSION
General Counsel Shinoff indicated that the board took no reportable actions in
closed session.
18. ADJOURNMENT
With no further business to come before the Board, President Smith adjourned
the meeting at 5:57 p.m.
___________________________________
President
ATTEST:
District Secretary
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President’s Report
Tim Smith
March 7, 2018
Board Meeting
# Date Meeting Purpose
1 2-Feb Board Agenda Briefing
Met with General Manager Watton and
General Counsel Shinoff to review items
that will be presented at the February
Board Meeting.
2 7-Feb OWD Regular Board Meeting Monthly board meeting
3 14-Feb Quarterly Meeting with OWD GM Met with GM to receive an update on
projects or items impacting Division 1
4 15-Feb Committee Agenda Briefing with
General Manager Watton
Met with General Manager Watton to
review items that will be presented at the
February committee meetings.
5 16-Feb
Chula Vista Chamber of
Commerce 91st Annual
Installation Event
Represented the District at the
community event.
6 20-Feb
Engineering Operations and
Water Resources Committee
Meeting
Reviewed items that will be presented at
the March board meeting.
7 21-Feb East County Caucus Discussed Otay's key issues with East
County water agencies and CWA.