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HomeMy WebLinkAbout01-11-11 Board Minutes 1 MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OTAY WATER DISTRICT January 11, 2011 1. The meeting was called to order by President Bonilla at 3:05 p.m. 2. ROLL CALL Directors Present: Bonilla, Gonzalez, Croucher, Lopez and Robak Director Absent: None Staff Present: General Manager Mark Watton, Assistant General Manager of Administration and Finance German Alvarez, Assistant General Manager of Engineering and Water Operations Manny Magana, Chief of Information Technology Geoff Stevens, Chief Financial Officer Joe Beachem, Chief of Engineering Rod Posada, Chief of Operations Pedro Porras, Chief of Administration Rom Sarno, District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by Director Gonzalez, seconded by Director Croucher and carried with the following vote: Ayes: Directors Bonilla, Gonzalez, Croucher, Lopez and Robak Noes: None Abstain: None Absent: None to approve the agenda. 5. 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. 2 ACTION ITEMS 6. DISCUSS APPOINTMENT OF A FIRM OR INDIVIDUAL TO PROVIDE LEGAL SERVICES TO THE DISTRICT AS GENERAL COUNSEL President Bonilla stated that several law firms have expressed interest in providing legal counsel services to the District and indicated that the District’s Ad Hoc Legal Matters Committee reviewed the proposals that were submitted to the District. Director Croucher stated that the Committee discussed the District’s needs and current activities and also considered each law firms’ ethics, trust, and loyalty. They wished to ensure a smooth transition as it was important to the Committee that the District have minimal business disruption. He indicated that the Committee members were in agreement in recommending Stutz Artiano Shinoff & Holtz to provide the District legal services. The firm has provided services to the District and worked well with the District’s staff. He stated that Stutz Artiano Shinoff & Holtz would meet the District’s needs and provide stability as its legal service provider. He also indicated that a 1-year term was agreed upon which gives the District time to evaluate the services provided. A motion was made by Director Croucher, seconded by Director Lopez and carried with the following vote: Ayes: Directors Bonilla, Gonzalez, Croucher, Lopez and Robak Noes: None Abstain: None Absent: None to open the discussion of the Ad Hoc Legal Matters Committee’s recommendation to appoint Stutz Artiano Shinoff & Holtz to provide legal services to the District as General Counsel for a 1-year term. Director Robak indicated that he researched other law firms who were based in San Diego and specialized in water issues. He inquired if Mr. Daniel Shinoff from Stutz Artiano Shinoff & Holtz has provided legal services to the Rainbow Municipal Water District (MWD) as their General Counsel. Mr. Shinoff stated that he has provided legal services to the Rainbow MWD for the past 15 years and has handled their litigation, but that they are not the District’s General Counsel. He indicated that his firm is based in San Diego and if his firm was selected, he would serve as the District’s General Counsel. Director Robak indicated that he was not familiar with the history of Stutz Artiano Shinoff & Holtz, but consulted with other individuals who provided positive feedback about the firm. He agreed with the Ad Hoc Legal Matters Committee that a smooth transition in the change of the District’s legal service provider is important and that a 1- 3 year term would provide the District more time to evaluate the services provided by Stutz Artiano Shinoff & Holtz. In response to a question by Director Robak, President Bonilla indicated that Stutz Artiano Shinoff & Holtz is willing to negotiate with the District on their rates for providing legal services. President Bonilla noted that besides rates, the most important aspect in appointing a new law firm is their relationship with the District. Mr. Shinoff indicated that it was a privilege to work with the District and an honor for his firm to be considered to provide legal services to the District. He stated that he agrees with the Ad Hoc Legal Matters Committee that trust, integrity and ethics are incredibly important for the working and business relationship. He stated he has provided legal services since 1982 and discussed his qualifications and accomplishments. He introduced and provided a brief background of his staff members Mr. Bill Pate, Mr. Jacob Gould, Mr. Jeffrey Wade and Mr. Richard Romero. He stated that Mr. Jeff Morris sends his apologies for not being able to attend today’s meeting as he is currently out-of-town. He indicated that his firm has been working with public entities for 30 years which includes cases tried before the California Supreme Court and Brown Act cases. Director Lopez stated that he was grateful to Directors Bonilla and Croucher for the time they dedicated to review the proposals submitted to the District. He stated that he also conducted his own research on Stutz Artiano Shinoff & Holtz and has only received positive comments and high praise for the firm. Director Lopez indicated that he was impressed with the firm’s qualifications and that he was pleased with the Ad Hoc Legal Matters Committee’s recommendation. Director Gonzalez also thanked Directors Bonilla and Croucher for the time they dedicated to the selection process for appointing a new law firm and was pleased with the Ad Hoc Committee’s recommendation. In response to a question from Director Robak, Mr. Shinoff indicated that Mr. Richard Romero would provide the day-to-day services to the District and that their other attorneys’ would provide assistance on an as-needed basis based on their expertise/specialties. He noted that Stutz Artiano Shinoff & Holtz takes a collaborative approach to serving its clients and all lawyers at his firm can, when needed, provide assistance with legal needs. 7. APPROVE APPOINTMENT OF A FIRM OR INDIVIDUAL TO PROVIDE LEGAL SERVICES TO THE DISTRICT AS GENERAL COUNSEL A motion was made by Director Croucher, seconded by Director Lopez and carried unanimously with the following vote: Ayes: Directors Bonilla, Gonzalez, Croucher, Lopez and Robak Noes: None 4 Abstain: None Absent: None to approve the appointment of Stutz Artiano Shinoff & Holtz to provide legal services to the District as General Counsel for a 1-year term as presented. 8. ADJOURNMENT With no further business to come before the Board, President Bonilla adjourned the meeting at 3:29 p.m. ___________________________________ President ATTEST: District Secretary