HomeMy WebLinkAbout11-30-11 Board PacketOTAYWATER DISTRICT
SPECIAL MEETING OF THE BOARD OF DIRECTORS
DISTRICT BOARDROOM
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
WEDNESDAY
November 30,2011
3:30 P.M.
AGENDA
1.ROLL CALL
2.PLEDGE OF ALLEGIANCE
3.APPROVAL OF AGENDA
4.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
ACTION ITEMS
5.REJECT BARNES CLAIM (SARNO)
6.APPROVE AN AGREEMENT WITH THE LAW FIRM OF STUTZ,ARTIANO,SHI-
NOFF AND HOLTZ,A PROFESSIONAL CORPORATION,FOR A TERM OF TWO
(2)YEARS THROUGH DECEMBER 31,2014,TO PROVIDE GENERAL COUN-
SEL SERVICES TO THE DISTRICT (WATTON)
INFORMATIONAL ITEMS
7.UPDATE ON DESALINATION PROJECT (WATTON)
RECESS TO CLOSED SESSION
8.CLOSED SESSION
a)CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
[GOVERNMENT CODE §54956.9]
(I)SALT CREEK GOLF,LLC,UNITED STATES BANKRUPTCY
COURT,CASE NO.11-13898-LA11
1
RETURN TO OPEN SESSION
9.REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION.THE BOARD MAY
ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION
10.ADJOURNMENT
All items appearing on this agenda,whether or not expressly listed for action,may be
deliberated and may be subject to action by the Board.
The Agenda,and any attachments containing written information,are available at the
District's website at www.otaywater.gov.Written changes to any items to be considered at
the open meeting,or to any attachments,will be posted on the District's website.Copies
of the Agenda and all attachments are also available through the District Secretary by
contacting her at (619)670-2280.
If you have any disability which would require accommodation in order to enable you to
participate in this meeting,please call the District Secretary at 670-2280 at least 24 hours
prior to the meeting.
Certification of Posting
I certify that on November 23,2011,I posted a copy of the foregoing agenda near
the regular meeting place of the Board of Directors of Otay Water District,said time being
at least 24 hours in advance of the special meeting of the Board of Directors (Government
Code Section §54954.2).
Executed at Spring Valley,California on November 23,2011.
2
AGENDA ITEM 5
STAFF REPORT
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
Special B:~ardMeeting
Rom Sarno
Chief,~In 'strative Services
\
MEETING DATE:
W,O.lG,F,NO:
November 30,2011
DIV,NO,All
APPROVED BY:
(Ass!.GM):German Alvar~
Assistant ~Manager,Finance and Administration
SUBJECT:REJECTION OF THE DENNIS O.BARNES AND MARY E.BARNES CLAIM
GENERAL MANAGER'S RECOMMENDATION:
That the Board reject the claim submitted by Dennis O.Barnes and
Mary E.Barnes,8766 Leigh Avenue,Spring Valley,CA 91977,
received November 7,2011,requesting reimbursement in the amount
of $13,143.81,for excavation,equipment rental,materials and
repair charges incurred due to water damage at their residence.
COMMITTEE ACTION:
Not taken to Committee.
PURPOSE:
the Board reject the claim submitted by Dennis O.
E.Barnes,requesting reimbursement in the amount
for excavation,equipment rental,materials and
incurred due to water damage at his residence.
To request that
Barnes and Mary
of $13,143.81,
repair charges
ANALYSIS:
The Barnes allege that water damage caused to their property was
due to a leak from the District's water system.District staff
responded to a call from Mr.Barnes on July 15,2011,complaining
that water was coming from a neighbor's yard.It was later
determined that the water was not coming from the neighbor's
property.A leak was found in a District 2"blow-off across the
street from the Barnes'property.The leak was minimal and was
repaired on July 18,2011.The 2"blow off was subsequently
removed on August 1,2011,after another leak was detected on it.
The leak from the blow-off did not cause the damage at the Barnes'
property.
District staff set up correlators and conducted an extensive leak
survey to ensure the leak was not on the District's side.There
were no other identifiable leaks.
The Barnes'request the District pay $13,143.81,for the charges
incurred as a result of the flooding at their residence on July 4
and September 3,2011.These include charges for excavating,
concrete and waterproofing,carpeting and flooring.
Based on the above,it is requested that the Board of Directors
reject this claim.This Board action will also start the time for
statute of limitations to file a lawsuit.
FISCAL IMPACT:
None.
STRATEGIC GOAL:
This item supports a strategic objective of maintaining and
protecting District assets and property.
LEGAL IMPACT:
None.
Ma k Watton
General Manager
Attachments:Attachment A -Claim submitted by Dennis O.
Barnes and Mary E.Barnes
ATTACHMENT A
CLAIM AGAINST
OTAY WATER DISTRICT
1.Claimant(s)Name(s):_OE:;"I/Yf)OJ34F.I\'ii5 MAtt E.j34{\N,;5
2.Claimanr(s)Address(es):~za LEu;f.1 Ave SP{(IJ(tJ VtH-t.-iy (/1 Cftf7J
3.Telephone Number(s):Ikl1£Pi!~I<t ]1n -5'14]-au-Or;{\/fy/S ')..141.{-051}
4.Address for lotices (ifdifferent from above):_
5.Incident or Occurrence which gives rise to claim:
a)Date:~6"/l.zA"'J -b 35£([20 II Time:_
b)Location:~74 r.L g((Plj.AVE 511t f/J("Vfti-Ljl'(Ci)
c)Name ofthe person(s)injured and description ofpersonal injury(ies),ifany:
d)Describe the property,injury,damage or loss,ifany:
RUG
e)Name(s)ofDistrict employees believed to be involved,ifany.Specify the particular act or
omission you claim caused the injury or damage.Include a statement explaining why you feel the
District or its employees were at fault.
,-/.dill en 2.(He S5ICll:I ,F-Tf-A TI l-li £{,Jot!as
6.Name,address and telephone number ofwitness(es)to the incident:
.M.lli~f}j'l-L,fS OtA 7W8TEd-PM,f?lI]fwy(U/tVF.IIC If LHyr.t(Gufifftdl/
WDf£fi PMltv,6(f/I./L/(IIJi·U I 9J'IIf 1-J7c>o b(j,~Bvocu ~/'t )r;o't-:rp!•
7.Amount claimed,if under $10,000.Be sure to attach invoices or other documentation reflecting
the amount of damage,cost or loss,including medical bills or reports if claiming personal in-
jury costs or losses.
a)Amount claimed as ofdate ofclaim:
b)Estimated amount of any prospective injury,
damage or loss:
c)Total amount claimed:
Revised January 2010
d)Explain how the claim a aunt was calculated:
I!'-•
Ifthe amount is more than $10,000,please indicate whether your case would be an unlimited or
limited civil case (see Government Code Section 910(1)):
-----0 Unlimited Civil (Claim over $25,000)
/Limited Civil (Claim less than $25,000)
8.Any additional information that might be helpful in considering this claim.Ifthe claim involves med-
ical treatment,please provide the names,address and telephone number of any doctors and/or hospit-
als providing treatment.If the claim relates to an automobile accident or incident,you may be asked
to provide information concerning your vehicle and driver's insurance.
(If additional space is needed to provide your information,please attach additional sheets indicating
the paragraph(s)to which the additional information pertains)
WilrtI;llg:Presentation ofa false claim is a felony (penal Code Section 72).Pursuant to CCP Sections 128.5 and
1038,the District may seek to recover all costs ofdefense in the event an action is filed which is later detennined
not to have been brought in good faith and with reasonable cause.
I have read the statements made in the above claim and I know the same to be true ofmy own knowledge,
except as to those matters stated upon infonnation or belief,and as to such matters I believe that same to
be true.I certify under penalty ofperjury that the fore~::t~ue and correct.
Date:')05 ttr hOlf l:!M""1LId.....W"""'-L·,,-I--"'6""'CM""Mh=---_
Claimant or Authorized Representative
Revised January 2010
------------
To:Otay Water District
I live at 8766 Leigh Ave.Spring Valley,Ca 91977.
1am now and have been receiving water damage to my house.My wife and I have
contacted youroffice on numerous occasions.One ofyour employees (Mike Phillips)
came to our house and chec~edour w~rmeter,and our neighbors water meterto insure
that there was not a leak in our water supply line,and no leak detected.Mr.Phillips
mentioned that there was a possibility that it could be spring water,so I purchased a test
kit which showed the water was treated water.
My next door neighbor has been pumping water since last Dec.,the water being pumped
to his back yard.His neighbor has had water damage to their home.
Recently repair work was done on our street and directly across from our house a
broken water pipe wasrepaired..We have had flooding on two different occasions,the
first was on the 4th ofJuly,2011 which
lasted three days and the second flooding started on the 3n1 ofSept 2011 and I am still
pumping at least ten gallons ofwater a day.
51.?;'13 0 8;C('h~((IcJ,/
We have paid $1~8.ii for damages and for preventive maintenance after theJuly
flooding and now have to hire a company to due further preventive maintenance.
1'3Ji+31~1 CoUlEe/lOoL.
I an asking for compensation for the above $12;078,00 and for the newwork to be done
to preventthe flooding.(\'o/~[lt1VlW ,~
Sincerely,Dennis O.Barnes
JJ.S Bobcat
License #913231
11456 Lyons Valley Road Jamul,CA 91935
(619)504-8228
Customer Name:
Address:
Email:
Work Performed
Area 1&2
Area 3
Area 4
Dennis &Mary Barnes
8766 Leigh Ave.Spring Valley,CA
barnesthree@cox.net
1)saw cut,break,and remove,6ft by 36ft concrete east side ofhouse.
2)Excavate 24 inches of mud.
3)Waterproof areas.
4)Import Class II Base and re-compact.
S)Replace concrete and steps.
1)Break and remove driveway.
2)Excavate 6ft by 24 inches of mud next to garage entrance.
3)Waterproof,import base,and re-compact.
4)Replace concrete.
1)Excavate 24 ft by 6 ft by 24 inches of mud on southwest side of house.
2)Waterproof.
3)Import base and re-compact.
4)Replace concrete.
Gate,brick work,and sprinkler repairs.
Work Began on July 12,2011 and ended August 1,2011
Total cost $11,691.60
Thank you for your business.
Future Floors -Anthony Garcia -(619)549-9960 -lic.#820017
Mary +Dennis Estimate
Material:
Gym Room (12x16):
Carpet &Pad -21.33 Yds.
Baseboard -26 Ft.
Storage Room (8x12):
Carpet &Pad -10.66 Yds.
Subtotal:
Install:
Gym Room:
Carpet &Pad
Storage Room:
Carpet &Pad
Subtotal:
JOB TOTAL:
$191.97
$50.00
$85.28
$75.00
$37.50
$327.25
$112.50
$439.75
58955
m ORDER NO.DIAMOND ,
TIME DUE .:""\1'/'
"~ON JOB ,
~,,,_....\.........
eKET NO."CUM.PROD."OTY.DIAMOND CONVRETE SUPPLY.INC,1p,O,BOX 900238 SAN DIEGO,CA 92190 619-287-2566 ARRIVE JOB·
.,,~.f"-,
\_J'....J
ti WEIGHMASTER CERTIFICATE TRUCKTIMELOADEDTHISISTOCERTIFYthatthefollowingdescribedcommoditywasweighed.measured,or counted by 8 weighmaster.SPOTTEDwhosesIgnatureisonthiscertificale,whois I recognized authority of accuracy.as pl'escribedbV Chapter 7
BATCHING &WEIGHING LOCATION [commencing 'o\Iith.;:>!JCpon 127001 of Oivi$ion 5 of the California Business and Professions Code.administered by STARTtheDivisionofMeasuremenlStandardS01theCali'emil!Department of Food and Agriculture.
6974 Mission Gorge Road UNLOADING
San Diego,CA 92120 ~~~~~~~1r=~~::~:;~;~~ufit~~~~~~~~~~~~:~'::~::d~~.lndudingany FINISH
The material is sold by tne cubic yard.cubic merer.or ton.orload.Customer acknowledges that the .mount of UNLOADJNG-
Material ordered has been determined by the Cu5tomer.end the CustOlnef assumes full responsibilitv.and shal hold
the Seller harrnless.regarding the &deqUltCV 01 the afTl{)Uflt of Material ordered."'WE
WARNING JOB
The aggregates in thi:!product contairn;as much all 0.1%crystaline silica which has limited evidence of
carcinogenicity in humat'lS;and detectable alnounu;01 chemicals known tothe State of California to cause cancer.ARRIVE
binh defects or reproductive harm.PLANT
JSTOMER NAME CUSTOMER NO.ICUSTOMER P.O.ICUSTOMER JOB NO.PROJECT NO.IQUANTITY ORDERED
\YMENT TYPE ICUST/OfEClJtREDlT CARDAPPROVAl Nil.DRIER'S LICENSE NO.IPHONE I CELL MISCELLANEOUS
DB ADDRESS I SPECIAL INSTRUCTIONS
,-'()L.
IiA-'-S-
PRODUCT DESCRIPTION
,,
UNIT OF MEASURE TOTAL UNIT PRICE AMQUr-rr
J8~~('\I j j
9~~;l)1b
~1'Y'0~):1 L
"
1 f.'.,'I L'
"•!l
,_,..t.
.3f-·1 ,~
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1 ,).('
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O~~:~19t ,,
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,,
;tVER'S NAME LOAD NO./DEPUTY BY -...__......~-'-
~
UCK NUMBER VEHICLE UCENSE NO.IMAP PAGE IZONE IMILEAGE
SCALE TICKET GALLONS OF WATER ADDED
SLUMP '.JBEGIN JOB 11 MIDDLE JOB ~I END JOB
GROSS SLUMP 0 SLUMP 0 SLUMP 0 SUB-TOTAL
CYL 0 CYL 0 en 0
Water added at custOmef'S request above,water /cementitiou$ralio and/or slump wiltbe customer'slesponsibilitv.
TARE CAUTION:Contains Ponland Cement.MaV irritete eves and skin.In case of contillct,flush thoroughly with water.Get CARTAGE
prompt medical attention.DO NOT takeintelllallv.Keep out 01 reach 01 children.&.Iver/Contractol is responsible fo~
providing a contained area towash out mixertruck.
NET -NOTE:UnlO«dingtimefoUl"(4J minutes per v.rd.illc.ss time charg.dat rates quoted.SALES TAX
DIAMOND CONCRETE SUPPLY INC.TOTALUponcompletionofthedelivery.the Diamond Concrete driverldrivers left the streetwork area in a satisfactory condition.
{Any discharge into storm drains violates Federal Water Pollution Laws)'~liPurchaser/homeowner/contractor receiving Ready-Mix Concrete,releases Diamond Concrete from any violations that occur when STANDING ,,
purchaser/homeowner/contractor washes "GRAY·water into street and Storm Drains.TIME >
ALL ORDERS ARE FOR STREET CURB DELIVERY THIS TICKET'S IO~3'(!hI,the undersigned.~II ass~~eall responsibility for any dami!ge resulting from deliveries made inside curb line.GRAND TOTALNote:A $50.00 ~>,icecharge will be added to any check returned uncollected to Diamond Concrete.
SIGNATURE /'..;TOTAL $
\II WE RELEASE DIAMqND CONCRETE SUPPLY,INC.ALL LOADS
me ,.&il_blt to sign.CU5tomer wai....sreceipt bRECElv:.eO BY lSlGNATUREf /IPRINT CUSTOMER NAME ID'e\ER SIGNATUREJflEAI?Y~MIXl I
.turl.ifiutd.~_y ri,ket Buyerl~tractol >/(,~-,;//~-"\'-\\-\r,'-"¥(.-.....("\r----, ,.,..'-.(,
STAFF REPORT
AGENDA ITEM 6
TYPE MEETING:Special Board Meeting
SUBMITTED BY:Mark Watton,General Manager
APPROVED BY:
MEETING DATE:
W.O.lG.F.NO:
November 30,2011
DIV.NO.
SUBJECT:Approve Agreement for General Counsel Services
GENERAL MANAGER'S RECOMMENDATION:
Approve an agreement with the law firm of Stutz,Artiano,
Shinoff and Holtz,A Professional Corporation,for a term of two
(2)years through December 31,2014,to provide general counsel
services to the District.
PURPOSE:
To present for the board's consideration an agreement with the
law firm of Stutz,Artiano,Shinoff and Holtz,A Professional
Corporation,for a term of two (2)years through December 31,
2014,to provide general counsel services to the District.
ANALYSIS:
Stutz,Artiano,Shinoff and Holtz,A Professional Corporation
(SASH),has served as the District's special counsel since
January 1,2011.The District's current contract with SASH was
for a one-year period and is set to expire at the end of
calendar year 2011.
The District's Ad Hoc Legal Matters Committee reviewed and
discussed the services that SASH has provided over the last
year.It was indicated that the District has been happy with
the services SASH has provided and the committee is recommending
that the board approve the proposed agreement as per the terms
indicated in the agreement (Attachment A).If approved,the
agreement would provide for a two (2)year term expiring on
December 31,2014.
FISCAL IMPACT:
The agreement allows for one hundred (100)hours or $20,000 per
calendar month of basic retainer services as described in the
attached agreement.Additional services,as described in
Section 4.b of the agreement,and time in excess of the one
hundred (100)hours will be compensated on an hourly basis based
on the rates noted in the agreement.
LEGAL IMPACT:
None.
Attachment A:Proposed Legal Services Agreement
ATTACHMENT A
LEGAL SERVICES AGREEMENT
1.IDENTIFICATION OF PARTIES.This Agreement,executed in duplicate with each party
receiving an executed original,is made between Stutz Artiano Shinoff &Holtz,A Professional
Corporation,hereinafter referred to as "Law Firm"and Otay Water District,hereinafter referred
to as "Client."This Agreement is entered into beginning the month of January,2012,for legal
services.The agreement is made for a term of two years up to and including December 31,
2014.The Client and Law Firm will hold an annual review in 2013 regarding expectations,
performance,and other issues impacting the Client and Law Firm under this agreement.
2.LEGAL SERVICES TO BE PROVIDED.The legal services to be provided by Law Firm to
Client are as follows:
Representation,counsel and consultation in connection with Client's general counsel
needs;human resources,legal support including review of policies and procedures,contract
review;preparation and participation in monthly Board meetings and special meetings
("Services").
Without limiting the generality of the foregoing,this Agreement shall govern so long as
Client desires to retain the Law Firm in connection with Services.
3.RESPONSIBILITIES OF LAW FIRM AND CLIENT.Law Firm will perform the services
called for under this Agreement,keep Client informed of progress and developments,and
respond promptly to Client's inquiries and communications.Daniel R.Shinoff and Jeffery A.
Morris are intended to be the Law Firm attorneys primarily responsible for the consultation and
representation.Client will cooperate with the Law Firm in the representation set forth herein,
and will timely make any payments required by this Agreement.
4.ATTORNEY'S FEES.Client will pay Law Firm for attorneys'fees for the consultation
and legal services provided under this Agreement as follows:
A.Basic Retainer.Law Firm shall be compensated for the performance of
basic retainer services pursuant to this Agreement in the amount of Twenty Thousand Dollars
($20,000)per calendar month commencing as of the effective date of this Agreement.Basic
retainer services for the purposes of this Agreement shall be deemed to be the first one hundred
(100)hours of Law Firm's legal services rendered each month.
B.Additional Services.Law Firm shall be compensated for additional
services in accordance with the following:
1.As directed by the General Manager or Board President;
2.PERB hearings,writs of mandate,or other litigated matters not covered
by insurance;
G:\UserDJIJ\DistSec\WINWORO\AGREMNTS\Slutl Artiano Shinoff &Holtz Agrmt--2012-14 (T0024738)1~4-12.docx 1 legal ~
3.Other complex matters,employment,personnel matters,or special
projects with the approval of the General Manager or Board President.
Additional services and time in excess of the one hundred (100)hours per calendar
month spent by Law Firm's Attorneys,Law Firm shall be compensated on an hourly basis at
$240.00 per hour for partners,$210.00 per hour for associates,and $95.00 per hour for
paralegals.The Law Firm will charge in increments of one-tenth of an hour,rounded off for
each particular activity to the nearest one-tenth of an hour.The minimum time charged for any
particular activity will be one-tenth of an hour.
Law Firm will charge for all activities undertaken in providing consultation and legal
services to Client under this Agreement,including,but not limited to,the following:time spent
formulating and dispensing legal advice and opinions;negotiation;gathering relevant
information;conferences;correspondence and legal documents (review and preparation);legal
research;and telephone conversations.
Client acknowledges that Law Firm has made no promises about the total amount of
attorneys'fees to be incurred by Client under this Agreement.
5.COSTS.Client will pay all "costs"in connection with Law Firm's representation of
Client under this Agreement.Costs will be billed directly to Client unless,at the option of Law
Firm,costs are advanced by Law Firm.Costs include,but are not limited to,long-distance
telephone charges,messenger service fees,photocopying expenses,as well as any other items
generally accepted as "costs."
6.STATEMENTS AND PAYMENTS.Law Firm will send Client monthly statements
indicating attorneys'fees and costs incurred and their basis,any amounts applied from
deposits,and any current balance owed.If no attorney's fees or costs are incurred for a
particular month,or if they are minimal,the statement may be held and combined with that for
the following month.Any balance will be paid in full within thirty (30)days after the statement
is mailed.
7.MEDIATION CLAUSE.Client and Law Firm are agreeing to have any and all disputes
(except where Client may request arbitration of a fee dispute by the State Bar)that arise out of,
or relate to this Agreement,including but not limited to claims of negligence or malpractice
arising out of or relating to the legal services provided by Law Firm to Client,go to mediation
before the filing of any civil proceeding.Client,however,may request arbitration of a fee
dispute by the State Bar or San Diego County Bar Association as provided by Business and
Professions Code Section 6200,et seq.
8.ERRORS AND OMISSIONS INSURANCE.The Law Firm maintains errors and omissions
insurance coverage applicable to the services to be rendered under this Agreement.
G:\U,erData\DistSec\WINWORD\AGREMNTS\Stull Artiano Shinoff &Holtz Agrmt--2012-14 (10024738)1-4-12.docx 2 Legal ~
9.TERMINATION.The Client or the Law Firm may,at any time,with or without reason,
terminate this Agreement upon thirty (30)days prior written notice to the other party.In the
event of termination,the Law Firm shall be entitled to payment only for acceptable and
allowable work performed under this Agreement through the date of termination.
THE FOREGOING IS AGREED TO BY:
DATED:_
DATED:_
OTAY WATER DISTRICT
By:_
Mark Watton
General Manager
STUTZ ARTIANO SHINOFF &HOLTZ
A Professional Corporation
By:_
Jeffery A.Morris,Esq.
Partner
GW,,,""\D,,<s,,\W,"WOROIAGREMNTS\SM,Artiano Shinoll &Holtz Agrmt--2012-14 (T0024738)1-4-12.docx 3 LegaJ~