HomeMy WebLinkAbout03-01-17 Board Minutes 1
MINUTES OF THE
BOARD OF DIRECTORS MEETING OF THE
OTAY WATER DISTRICT
March 1, 2017
1. The meeting was called to order by President Robak at 3:34 p.m.
2. ROLL CALL
Directors Present: Gastelum, Robak, Smith and Thompson
Directors Absent: Croucher (out-of-town on business)
Staff Present: General Manager Mark Watton, General Counsel Daniel
Shinoff, Attorney Jeanne Blumenfeld, Asst. General
Manager German Alvarez, Chief of Engineering Rod
Posada, Chief Financial Officer Joe Beachem, Chief of
Administration Adolfo Segura, Chief of Operations Pedro
Porras, Asst. Chief of Operations Jose Martinez, 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 Smith and
carried with the following vote:
Ayes: Directors Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: Director Croucher
to approve the agenda.
5. ADOPT RESOLUTION NO. 4329, A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE OTAY WATER DISTRICT CONDEMNING
DISCRIMINATION
President Robak read the Resolution No. 4329 into the record.
A motion was made by Director Thompson to adopt Resolution No. 4329 and the
motion was seconded by Director Gastelum.
There were members of the public who wished to address the board on this item.
The first speaker was Mr. David Patterson of Ramona who is a member of San
Diego Veterans for Peace. Mr. Patterson asked that the board vote to approve
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the Resolution and requested that Director Gastelum resign from his position on
the Board.
Mr. Karem Elhams of El Cajon indicated that he is an engineer who worked on
major water facilities that benefited the Otay WD. He asked that Muslims not be
labeled as subhuman or as terrorists and asked that the board vote to approve
the Resolution on the floor.
Mr. Edgar Hopida of Chula Vista indicated that he was deeply offended by
Director Gastelum’s anti-Muslim comments. He indicated that what is clear from
hate motivated incidents is that it all starts with rhetoric and when rhetoric turns
into action, it turns into a hate crime. He stated, today, Director Gastelum has an
opportunity to make an official sincere public apology and it is his hope that he
will pledge not to contribute to further dividing the community.
Mr. Steve Ritt of National City indicated that he felt he could not state anything
better than what has already been said this evening.
Ms. Cynthia Rich of San Diego indicated that she did not feel that there was a
great deal that she could add to the comments made today, but stated that in her
experience over her lifetime, where language used by Director Gastelum leads is
not somewhere we would want to go.
Mr. Hanif Mohibi of San Diego indicated that he is with the San Diego Office of
Council of American Islamic Relations (CAIR). He stated that Director
Gastelum’s language encourages hate crimes against the Islamic community.
He indicated that while he supports the presented resolution, it does not indicate
why it is being presented for adoption and it does not provide consequences for
actions that violate the resolution. Thus, he feels it does not go far enough. He
asked that Director Gastelum provide a sincere apology and suggested that the
District’s board and staff be provided “Cultural Competency” training.
Ms. Mona Dibas, a student at Southwestern College, indicated that she does not
see any consequences in the resolution. She wished to know what the
consequences are for not observing the resolution and would like assurances
that there are next steps.
Mr. Fayaz Nawabi of CAIR San Diego and the Trustee Advisory Council for the
San Diego Community College District indicated that he has six (6) requests: 1) a
public apology from Director Gastelum; 2) official statement from the board
formally condemning Director Gastelum for his anti-Muslim, anti-immigrant and
anti-refugee comments; 3) that Director Gastelum meet with local Muslims and
immigrant communities; 4) should Director Gastelum rejects these requests, that
the board ask that he resign; 5) that the District provide training to the board and
high level staff members on basic “Cultural Competency”; and 6) that CAIR will
be supportive of any actions the constituents of Director Gastelum’s division wish
to pursue.
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Ms. Becca Taylor of the Interfaith Center for Worker Justice of San Diego County
indicated that she appreciates the resolution, however, there is a lack of
accountability. She would like to see the board consider consequences for those
who violate the resolution and would like a sincere apology from Director
Gastelum.
Mr. Jorge Del Castillo of Chula Vista indicated that Director Gastelum’s
comments did not just say Muslims are inferior, he categorized Muslims as
subhuman. He stated that an apology is not enough and, they, as a community
must fight back and not allow leaders to persecute the Muslim community. He
asked Director Gastelum to resign.
Ms. Blair Overstreet of San Diego, representing the organization Showing up for
Racial Justice, indicated that she supports the demands made by those who
spoke before her. She indicated that she is a history teacher by profession and if
she had made similar comments on social media she would be immediately fired.
She noted that she is not an elected official, someone who represents the people
of San Diego. She feels that he should be held accountable for his actions. She
requested that Director Gastelum resign if he is unwilling to provide a proper
apology.
Mr. Orin Robinson of San Diego indicated he concurs with all that has been said
this afternoon and he feels it is disgraceful that there are no consequences for
Director Gastelum’s actions. He indicated that he appreciates the resolution and
echoes the calls to do much more.
Ms. Jessica Jollett of San Diego indicated that it is not okay to tweet personal
feelings that incite violence against a community. She stated she is proud of the
people who have the courage to stand here today and tell Director Gastelum that
their humanity means something. She asked that the board have the political will
to demand that Director Gastelum resign from the Board of Directors.
Ms. Nada Dibas, a student at Southwestern College, indicated that the resolution
states that it will not tolerate discrimination, but it doesn’t state what will happen if
you violate the resolution. She stated her issue with Director Gastelum’s
comments is that it makes people think it is okay to attack her (Muslims) because
now they are considered subhuman. As an elected official representing a
community, such opinions are not appropriate and are harmful. She respectfully
asked that he step down from his seat on the Board of Directors.
Mr. William Johnson of San Diego, representing the United Taxi Workers of San
Diego, indicated that the kind of rhetoric spoken by Director Gastelum causes
hate crimes and using such language is not okay. He asked Director Gastelum
to resign and stated that if he did not resign they would push to have him
removed.
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Ms. Amada O’Rourke, a student at Southwestern College, indicated that they are
attending today’s meeting to tell Director Gastelum that what he is doing is
wrong. She asked Director Gastelum to resign.
Mr. Vince Snodgrass of Chula Vista indicated that the kind of language used by
Director Gastelum leads to violence and should not be used. He stated that this
Country is made of immigrants and free speech does not mean that it is okay to
say things that damage communities. He indicated that the resolution is a good
beginning and he would add his name to the list of those who ask that Director
Gastelum resign.
Ms. Melody Godinez of San Diego indicated that the Muslim community should
not be generalized because a few bad Muslim people have done bad things.
Those people do not represent all the Muslim people in the United States and
around the world. She indicated that we are all one people and asked Director
Gastelum to resign.
Mr. Hanif Mohebi of San Diego wished to address the board again. He indicated
that he wanted to assure that this dialogue is moved in a positive direction. He
stated that they were here to work with the board and meet with Director
Gastelum to further the discussion.
Director Gastelum indicated that he would not read his prepared statement as he
felt that reading a statement seems insincere and he would speak straight from
his heart instead. He indicated that first he wished to clarify that his comments
are not reflective of the people of Otay WD. He thanked Mr. David Patterson for
his service to the United States of America; Mr. Karem Elhams for his 30 years of
service to the Helix WD; and Mr. Edgar Hopida for his father’s service to the
United States of America. He stated he wished to apologize to the people of the
Otay WD as they do not deserve this. He shared that though he was born in the
United States his roots are Mexican and English is his second language. He
agreed that if he had read the words he had tweeted, he would be very offended
as well and wished to clarify that he did not mean to offend 1.6 billion people for
being Muslim.
He indicated that his father was murdered in front of his neighbor’s home 28
years ago and, thus, condemns violence and chose to live in the United States
because it is a civil society. He stated he condemns violence against women,
the stoning of women to death, throwing homosexuals from roof tops, and all
terrorist acts. He asked those who can find it in their hearts to forgive those
comments. He stated the comments are not specific to you and were geared to
those who treat women as second hand citizens. He asked people attending the
meeting to join him in condemning persons who treat women as second had
citizens, throw homosexuals from roof tops and radical Islamic terrorism. He
indicated that he agrees with their comments and he apologizes for his statement
and asked them to forgive him. He stated that he denounces bigotry and
condemns violence on Mosques as in a civil society there is no place for
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violence. He indicated that he would meet with the Muslim community leaders
and stated that he has taken sensitivity training since he made those comments.
Director Thompson indicated that he is proud to be part of a diverse community
and agrees that we have an incredible community. He thanked Director
Gastelum for separating his comments from the Otay WD. He indicated that he
feels very strongly and deplores Director Gastelum’s comments. He feels that it
is insensitive of him to make those comments and agrees that such comments
lead to heinous acts. He stated that the problem with Director Gastelum’s
apology is that it is lacking contrition and needs to be more sincere. He says this
to Director Gastelum with great sincerity. Director Thompson clarified that the
District’s Board of Directors has certain things that it can and cannot control and
the appropriate thing for him to do as a member of the Board is to search what
else this Board can do. He would like to see more from Director Gastelum and
feels that our Muslim citizen’s need to be embraced.
Members of the public requested to address the board a second time.
Mr. Karem Elhams of El Cajon asked that Director Gastelum provide a sincere
apology to the Muslim community. He also suggested that he educate himself
about the Muslim faith and culture. He stated picking up information from social
media and condemning “this and that” has no value. He indicated a sincere
apology would help his fellow board members and would help resolve this issue.
Mr. Edgar Hopida of Chula Vista indicated that he does not feel what Director
Gastelum said is a heartfelt apology. He asked him to learn about Islam from
mainstream sources and not from anti-Muslim sources. He stated they, as a
community, are concerned and he is beginning to feel that Director Gastelum is
not being sincere and feels he may have to resign.
Ms. Mona Dibas, a Southwestern College Student, indicated to Director
Gastelum that when he referred to Muslims as subhuman in his tweet, he did not
clarify that he was referring only those that treat women as second hand citizens,
etc. His tweet referred to all Muslims. She stated that his apology was not
sincere and she asked him to resign or they, as a community, will force him to
step down from his position.
Ms. Maria Serrano, a Southwestern College Student, indicated that what Director
Gastelum said today was not an apology and that he needed to own up to what
he has said. She indicated that if he cannot bring himself to apologize, he should
resign.
Mr. William Johnson of San Diego and representing the United Taxi Workers of
San Diego indicated that what they want is to stop the hate speeches and asked
that Director Gastelum stop his hate speeches.
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Mr. Hanif Mohebi of San Diego indicated that when Director Gastelum started his
apology, he had some hope as he (Director Gastelum) stated he was going to
speak from the heart. He indicated that, however, Director Gastelum’s apology
offended him and he feels they, as a community, need to do something about
this issue.
President Robak indicated that he represents Division 5 of the District’s service
area which he believes is the largest Chaldean community outside of Detroit,
Michigan. He stated the resolution presented today states the values of the Otay
Water District. He indicated that he has served on the board for 12 years and the
board and staff have been a model of professionalism and inclusiveness during
those 12 years. He observed that today was a low point for the District. He
stated that Director Gastelum is elected by the people in his division and he
asked Director Gastelum, as he has already offered to do, to meet with the
leaders of the Muslim community.
Director Smith indicated that he is an Engineer by trade and he worked with Mr.
Kareem Elhams and considers him a fellow engineer and friend regardless of his
religion, etc. He stated he is a person and I do not judge people based on their
religion, sex, creed, etc. He indicated that he knows that the staff and board of
the District concur that Director Gastelum’s views do not represent the views of
the Otay Water District, nor do they represent his views.
President Robak indicated that Director Croucher was unable to attend today’s
meeting, but forwarded a statement which he read for the record:
I apologize for not be available to attend today’s board meeting, but I am
out-of-town on San Diego County Water Authority business. I do fully
support the resolution being introduced today condemning discrimination.
Otay WD represents more than 220,000 customers that are of diverse
backgrounds and as a board member of the District, I have always and will
continue, to foster an environment that has full respect for all. It is
unfortunate the District has been in the news for this matter. We should
be using our resources to provide water services to our customers at this
time, but as board and as a District, we must address our customers and
the community about the comments made by one of our board members
and make a clear statement on the District’s stance in this matter.
The motion and second was carried with the following vote:
Ayes: Directors Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: Director Croucher
to approve Resolution No. 4329 condemning discrimination.
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The board recessed at 5:12 p.m. and reconvened at 5:25 p.m.
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
Ms. Mona Dibas, a Southwestern College Student, indicated that during the
recess she had received information that Director Gastelum had stated that he
will not be resigning. She asked that he resign and stated that the members of
the board have indicated that Director Gastelum’s statements do not reflect their
beliefs. However, not one member on the Board of Directors has stood up
against him and requested that he resign. She requested that the members of
the board ask him to resign.
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:
Director Robak pulled items 6a, AWARD A CONSTRUCTION CONTRACT TO
INSITUFORM TECHNOLOGIES, LLC FOR THE TRENCHLESS SEWER
REHABILITATION PROJECT IN AN AMOUNT NOT-TO-EXCEED $373,954.00,
for discussion.
President Robak presented item 6a for discussion:
a) AWARD A CONSTRUCTION CONTRACT TO INSITUFORM
TECHNOLOGIES, LLC FOR THE TRENCHLESS SEWER
REHABILITATION PROJECT IN AN AMOUNT NOT-TO-EXCEED
$373,954.00
In response to an inquiry from Director Robak, staff indicated that the District bid
process is per State statute and the low bid is generally selected. However,
there are other items that the District reviews as well, such as, reference checks.
Staff stated that Instituform Technologies, LLC has been determined as the
lowest responsive bidder and the District must select the lowest responsive
bidder.
Director Gastelum inquired why the bids came in much lower that the engineer’s
estimate of $450,000. It was indicated that this type of work is new for the
District and staff reached out to other agencies who have done this type of work
to develop the engineer’s estimate. Director Smith indicated that from his
experience, the competitive bids indicate that we have a very good bidding
environment. He further added that the bids reflect that the bidding package was
very clear in terms of the specifications and drawings. The three bidders came
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up with very a similar amount. He stated that the engineer’s estimate is
supposed to hit the mid-point of the bids and not the lowest bids.
Director Gastelum pulled item 6d, AUTHORIZE AN AGREEMENT WITH
CONCORD UTILITY SERVICES, INC. FOR MASTER METER REGISTER AND
METER CHANGE OUTS IN FISCAL YEAR 2017 AND INCREASE THE
BUDGET FOR THE AUTOMATED METER READING CHANGE OUT CAPITAL
IMPROVEMENT PROGRAM PROJECT BY $200,000 FOR THE LABOR
ASSOCIATED WITH THE CHANGE OUT PROCESS, for discussion.
President Robak presented item 6d for discussion:
d) AUTHORIZE AN AGREEMENT WITH CONCORD UTILITY SERVICES,
INC. FOR MASTER METER REGISTER AND METER CHANGE OUTS
IN FISCAL YEAR 2017 AND INCREASE THE BUDGET FOR THE
AUTOMATED METER READING CHANGE OUT CAPITAL
IMPROVEMENT PROGRAM PROJECT BY $200,000 FOR THE LABOR
ASSOCIATED WITH THE CHANGE OUT PROCESS
In response to an inquiry from Director Gastelum, staff indicated that the District
is approving $200,000 for this contract and feels that there will be some internal
staff time required for this project in terms of managing Concord Utility Services
out in the field.
b) ADOPT RESOLUTION NO. 4328 FIXING TERMS AND CONDITIONS
FOR THE ANNEXATION OF CERTAIN REAL PROPERTIES OWNED BY
OTAY VALLEY QUARRY, LLC (APN 644-060-24-00) TO OTAY WATER
DISTRICT WATER IMPROVEMENT DISTRICTS 22 AND 27
c) ADOPT ORDINANCE NO. 561 AMENDING CHAPTER 6, SECTION 9.03,
ANNEXATIONS TO OR DETACHMENTS FROM THE DISTRICT
THROUGH LAFCO; SECTION 9.06, OTHER CONDITIONS OF
ANNEXATION; AND ADDING SECTION 9.07, ANNEXATION OF TRIBAL
LANDS; TO THE DISTRICT’S CODE OF ORDINANCES
A motion was made by Director Smith, seconded by President Robak and carried
with the following vote:
Ayes: Directors Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: Director Croucher
to approve consent calendar items 6a though 6d.
ACTION ITEMS
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8. ADMINISTRATION AND FINANCE
a) ADOPT ORDINANCE NO. 562 AMENDING APPENDIX A WITH
PROPOSED CHANGES TO VARIOUS FEES AND CHARGES; AND
SECTION 34, ISSUANCE AND PAYMENT OF WATER BILLS; OF THE
DISTRICT’S CODE OF ORDINANCES
Customer Service Manager Andrea Carey indicated that staff is requesting that
the board adopt Ordinance No. 562 amending Appendix A with proposed
changes to various fees and charges and amending Section 34, Issuance and
Payment of Water Bills, of the District’s Code of Ordinances. Please reference
the Committee Action notes attached to staff’s report (Attachment A) for the
details of Ms. Carey’s report.
In response to an inquiry from Director Gastelum, Ms. Carey indicated that
previously, the District treated all installations of temporary meters, no matter the
size, as a temporary meter install. Over this last year, staff has been receiving
requests for very large developments which require a much larger meter. These
larger meters require two employees to install and take much more time. This
cost is being reflected in the new fees.
A motion was made by Director Smith, and seconded by Director Thompson and
carried with the following vote:
Ayes: Directors Gastelum, Robak, Smith and Thompson
Noes: None
Abstain: None
Absent: Director Croucher
to approve staffs’ recommendation.
9. BOARD
a) DISCUSSION OF 2017 BOARD MEETING CALENDAR
President Robak noted that a regular board meeting may not be held in April, but
a special meeting may be required to discuss the development of the rates for
Fiscal Year 2018. Staff will be in contact with the board to advise on meeting
needs.
INFORMATIONAL ITEMS
10. THIS ITEM IS PROVIDED TO THE BOARD FOR INFORMATIONAL
PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING
AGENDA ITEM.
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The board noted receipt of the following items and would forego presentations as
the items were reviewed in committee.
a) OTAY WATER DISTRICT 2017 LEGISLATIVE PROGRAM PRIORITIES
b) SECOND QUARTER OF FISCAL YEAR 2017 CAPITAL IMPROVEMENT
PROGRAM UPDATE REPORT
c) FISCAL YEAR (FY) 2017 MID-YEAR REPORT FOR THE DISTRICT’S
FY2015-2018 STRATEGIC PLAN
REPORTS
11. GENERAL MANAGER’S REPORT
General Manager’s Report
General Manager Watton reviewed handouts that were provided on the dias for
each member of the board (see attached). He also presented information from
his report which included an update on a workshop provided by staff to the public
on how to do business with the District, staff training on organizational risk
management and performance management, the Campo Road sewer
replacement project, the State Route 94 Campo Road at Melody Road water
project, the City of San Diego pure water project, the testing of the Lower Otay
Pump Station, and water sales. Mr. Watton and staff responded to questions
from members of the board related to items within the General Manager’s
Report.
CWA Report
Director Smith indicated that CWA has been discussing the lawsuit with MWD in
closed session. He stated that CWA is now ready to release the approximate
refund that each member agency will be awarded from the lawsuit. The award
has been split into two groupings; 2011 to 2014 and 2011 to 2018. Otay WD’s
refund for the period 2011 to 2014 is estimated to be $18.9 million and for the full
period (2011 to 2018; when the funds may actually come in) the approximate
refund is $38.1 million. This includes cost for the reimbursement of lawyer’s
fees. CWA has also determined the future costs of water estimating that it will be
approximately $200/acre feet less which would provide Otay WD with an annual
water cost decrease of $5.8 million. CWA’s General Manager Maureen
Stapleton will be speaking at member agency board meetings to share this
information. General Manager Watton noted that CWA will not know until May or
possibly July if the monies will be received because the lawsuit is still in appeal.
CWA is also doing public outreach in Orange and Riverside Counties to inform
the agencies on how MWD operates. He also shared that CWA is discussing
adding solar onto the Olivenhain Reservoir to generate energy and that CWA
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and Helix WD joined forces to inspect the La Mesa Sweetwater Extension. The
inspection utilized Otay WD’s consultant’s (PICA, Pipeline Inspection Condition
Analysis Corp.) specialized technology for pipeline inspection where segments of
the pipe were identified as requiring replacement. Replacing just segments of
the pipeline, as opposed to replacing the full pipeline, will extend the life of the
pipe and save millions of dollars as well.
12. DIRECTORS' REPORTS/REQUESTS
Director Smith reported that he attended, along with his regular committee and
board meetings, a meeting of the District’s Ad Hoc San Diego Matters Committee
and the employee holiday dinner.
Director Gastelum indicated that he gives his unconditional apology to all the
Muslims that he has offended. He stated that he is sorry.
13. PRESIDENT’S REPORT
President Robak noted that he and Director Thompson would be providing a
presentation on the drought and other water issues at the Albondigas meeting
scheduled on March 3. He reported on the Metro Commission JPA meeting,
presented a video from the State Department of Water Resources on Lake
Oroville’s Spillway, and noted his report for meetings he attended during the
month of February 2017 (his report is attached).
14. CLOSED SESSION
The board recessed to closed session at 6:40 p.m. to discuss the following
matters:
a) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
[GOVERNMENT CODE §54956.9]
BLALOCK vs. OTAY WATER DISTRICT; CASE NO. 37-2016-00013542-
CU-OR-CTL
b) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
[GOVERNMENT CODE §54956.9]
MARK COZIAHR, ET AL. vs. OTAY WATER DISTRICT, SAN DIEGO
COUNTY WATER AUTHORITY, ET AL.; CASE NO. 37-2015-00023413
The board reconvened at 8:43 p.m. and General Counsel Shinoff reported that
the board met in closed session and took no reportable actions.
15. ADJOURNMENT
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With no further business to come before the Board, President Robak adjourned
the meeting at 8:43 p.m.
___________________________________
President
ATTEST:
District Secretary
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President’s Report
Mark Robak
March 1, 2017
Board Meeting
# Date Meeting Purpose
1 1‐Feb State of the County Address by
Supervisor Dianne Jacob Outlined priorities for County for 2017
2 1‐Feb OWD Regular Board Meeting Monthly board meeting
3 2‐Feb Metro JPA Monthly commission meeting
4 2 and 3‐Feb 5th Annual CalDesal Conference
held in San Diego
Heard information on Desalination
technology.
5 7‐Feb SD East County Chamber of
Commerce First Friday Meeting Citizen of the Year Event
6 8‐Feb East County Networking Meeting Received an update on Padre Dam MWD's
Advanced Water Purification Project.
7 10‐Feb Committee Agenda Briefing
Met with General Manager Watton to
review items that will be presented at the
February committee meetings.
8 13‐Feb Met with General Manager
Watton and Harry Erhlich
Discussed agenda items for proposed
Board Workshop.
9 15‐Feb Finance, Administration and
Communications Committee
Reviewed items that will be presented at
the March board meeting.
10 17‐Feb Metro JPA Nominating
Committee
Met with Ad‐Hoc Committee on
nomination for new Chair
11 24‐Feb Board Agenda Briefing
Met with General Manager Watton and
General Counsel Shinoff to review items
that will be presented at the March Board
Meeting.
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12 25‐Feb Met with Dan Shinoff and Hector
Gastelum Discuss recent news reports