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Home My WebLink About05-11-22 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY May 11, 2022 1. The meeting was called to order by President Smith at 3:30 p.m. 2. ROLL CALL Directors Present: Keyes, Lopez, Robak and Smith Directors Absent: Croucher Staff Present: General Manager Jose Martinez, General Counsel Dan Shinoff, Chief of Engineering Rod Posada, Chief Financial Officer Joe Beachem, Chief of Administration Adolfo Segura, Chief of Operations Andrew Jackson, Asst. Chief of Finance Kevin Koeppen, District Secretary Tita Ramos-Krogman and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by Director Keyes, seconded by Director Lopez, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to approve the agenda. 5. APPROVE THE MINUTES OF THE SPECIAL BOARD MEETING OF APRIL 27, 2022 A motion was made by Director Keyes, seconded by Director Robak, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to approve the minutes of the special board meeting of April 27, 2022. 2 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. CONSENT ITEMS 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 Keyes, seconded by Director Lopez and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to approve the following consent calendar items: a) APPROVE THE PURCHASE OF MATERIALS IN SUPPORT OF THE VALVE REPLACEMENT PROGRAM IN AN AMOUNT NOT-TO-EXCEED $200,000 FOR FISCAL YEAR 2023 b) APPROVE TO INCREASE CIP P2676 BUDGET IN THE AMOUNT OF $350,000.00 (FROM $375,000 TO $725,000) AND AWARD A PURCHASE ORDER TO BRAX COMPANY, INC. FOR THE 980-2 PUMP STATION MISCELLANEOUS REPLACEMENTS PROJECT IN AN AMOUNT NOT-TO- EXCEED $230,082.98 c) ADOPT RESOLUTION NO. 4408, THE ANNEXATION OF THE PROPERTY OF VILLAGE 3 WEST R-20 WATER ANNEXATION, 0 HERITAGE ROAD, CHULA VISTA, CA 91913, APN: 644-060-13-00, TO THE OTAY WATER DISTRICT AND TO WATER IMPROVEMENT DISTRICT NO. 22/27 d) AWARD OF A PROFESSIONAL ENGINEERING SERVICES CONTRACT TO MICHAEL BAKER INTERNATIONAL FOR CONSTRUCTION MANAGEMENT AND INSPECTION SUPPORT OF THE 1655-1 RESERVOIR 0.5 MG RESERVOIR CONSTRUCTION AND RANCHO JAMUL HYDROPNEUMATIC PUMP STATION MODIFICATION PROJECT IN AN AMOUNT NOT-TO-EXCEED $762,496 e) RECEIVE THE DISTRICT’S POLICY NO. 27, INVESTMENT POLICY, OF THE DISTRICT’S CODE OF ORDINANCES FOR REVIEW AND RE- DELEGATE AUTHORITY FOR ALL INVESTMENT RELATED ACTIVITIES TO THE CHIEF FINANCIAL OFFICER, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53607 3 f) APPROVE AN AMENDMENT TO THE DISTRICT’S PURCHASING MANUAL, SECTION 1.2, “ETHICS STATEMENT” TO INCORPERATE THE DISTRICT’S CODE OF ORDINANCES POLICY 41 (EMPLOYEE COMPLIANCE WITH DISTRICT’S CONFLICT OF INTEREST CODE) AND POLICY 50 (ANTIFRAUD POLICY) TO ADD DEFINITION TO “HIGH STANDARDS OF ETHICAL BEHAVIOR” IN PROCUREMENT; AND APPROVE AN AMENDMENT TO SECTION 2.2.5, “PURCHASING AND FACILITIES MANAGER” TO CLARIFY AND REAFFIRM THE DISTRICT’S COMMITMENT TO BEST VALUE PROCUREMENT ACTION ITEMS 8. BOARD a) AUTHORIZE STAFF TO CONDUCT REMOTE TELECONFERENCE MEETINGS OF THE BOARD OF DIRECTORS, INCLUDING COMMITTEE MEETINGS, PURSUANT TO RESOLUTION NO. 4401 WHICH THE BOARD ADOPTED AT A SPECIAL BOARD MEETING ON SEPTEMBER 27, 2021, AND IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE §54953(e) FOR THE NEXT 30 DAYS BECAUSE (1) A STATE OF EMERGENCY RELATED TO COVID-19 IS CURRENTLY IN EFFECT; (2) LOCAL OFFICIALS IN SAN DIEGO COUNTY HAVE IMPOSED OR RECOMMENDED MEASURES TO PROMOTE SOCIAL DISTANCING IN CONNECTION WITH COVID-19; AND (3) DUE TO THE COVID-19 EMERGENCY, MEETING IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH AND SAFETY OF ATTENDEES A motion was made by President Smith, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Croucher to authorize staff to conduct remote teleconference meetings of the board of directors for the next 30 days, including committee meetings, pursuant to Resolution No. 4401 which the Board adopted at a special board meeting on September 17, 2021, and in accordance with the provisions of Government Code §54953(e). b) DISCUSS THE 2022 BOARD MEETING CALENDAR President Smith stated that the June board meeting will be held on June 8, 2022. There were no other changes to the board calendar. UREPORTS 9. GENERAL MANAGER’S REPORT 4 General Manager Martinez presented information from his report that included the Cuyamaca College Center for Water Studies’ fifth annual Women in Water Symposium, which the funds from the event were donated to the Mark Watton scholarship. Mr. Martinez provided an update on a planned shutdown on March 17, 2022, to replace five water distribution system valves in the Dorchester Street and Darby Street area in Spring Valley. He also provided an update on San Diego County Water Authority’s pipeline 4 inspection that was conducted on March 21, 2022. 10. SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith discussed and responded to questions regarding MWD’s emergency water shortage declaration for State Water Project exclusive areas. He provided an update on CWA’s Flow Control Facility Seismic Upgrades Project and Fiscal Years 2022 and 2023 Mid-Term Budget Update. 11. DIRECTORS' REPORTS/REQUESTS Written reports from Directors Croucher, Keyes and Robak were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. 12. PRESIDENT’S REPORT President Smith requested that board members complete the GM Performance Review and return them to legal counsel. A written report from President Smith was submitted to District Secretary Ramos- Krogman and will be attached to the minutes for today’s meeting. 13. CLOSED SESSION The board recessed to closed session at 4:06 p.m. to discuss the following matters: a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SERVICES [GOVERNMENT CODE §54957] b) SECURITY OF PUBLIC SERVICES OR FACILITIES [GOVERNMENT CODE §54957] c) LIABILITY CLAIMS PURSUANT TO GOVERNMENT CLAIM SECTION 54956.95 CLAIMANT: MR. MARK POPPETT, ATTORNEY FOR MS. JORDAN SCHUSTER AND MRS. JESSICA SCHUSTER AGENCY CLAIMED AGAINST: OTAY WATER DISTRICT 5 d) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GOVERNMENT CODE SECTION 54956.9(c) e) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERN- MENT CODE §54956.9] MARK COZIAHR, ET AL. vs. OTAY WATER DISTRICT, CASE NO. 37-2015- 000-CU-MC-CTL f) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code §54954.5 Director Croucher joined closed session via teleconference to provide an update on the Ad Hoc Legal Services Committee meetings that were held on May 9th and 10th, but did not vote on any matters in the closed session. Director Robak left at 5:08 p.m. RETURN TO OPEN SESSION 14. REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD MAY ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION The board reconvened from closed session at 5:49 p.m. and General Counsel Dan Shinoff reported that the board took two (2) reportable actions in closed session. Agenda Item 12d: With at 3-0 vote, the board approved the authorization to initiate a litigation against Vinyltech; Agenda Item 12f: With a 3-0 vote, the board approved to extend the agreement of general counsel through December 31, 2022. UOTAY WATER DISTRICT FINANCING AUTHORITY 15. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 16. ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 5:49 p.m. President ATTEST: District Secretary Pay To: Tim Smith OT A Y WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: Employee Number: 1845 04/01/22 To: 04/30/22 ITEM I 2 3 4 5 6 7 8 9 10 DATE MEETING 04/01/22 Agenda Review 04/06/22 OWD Board Meeting 04/13/22 Webinar Workshop 04/15/22 Committee Agenda Briefing 04/19/22 EO& WR Committee Meeting 04/26/22 CW A Matters Meeting 04/27/22 OWD Special Board Meeting 04/27/22 East County Caucus 04/28/22 Agenda Review Total Meeting Per Diem: ($152 per diem) $ 1,216 Total Mileage Claimed: 78 PURPOSE / ISSUES MILEAGE DISCUSSED (Via Teleconference} MOMEtoOWD OWD 10 t-lOME Review board agenda items with GM and Legal for the April 6, 2022 board meeting - Monthly Board Meeting 26 Valuation of Water Discuss agenda items that are going to the April committee meetings - Meeting with GM, Legal and staff to discuss agenda items going to the May 11, 26 2022 board meeting Discuss CWA Matters with GM Martinez and Director Croucher - Board Meeting for Budget and Key Assumptions, and Cost of Service Study 26 Discuss East County issues with agencies and CWA (NO CHARGE) - Review board agenda items with GM and Legal for the May 11, 2022 board meeting - miles GM Receipt: -Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _ MILEAGE OTHER LOCATIONS - - - - - - - - - (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Gary Croucher Period Covered: Employee Number: 7011 From: 4/1/22 To: 4/30/22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 4/04/22 Coziahr Case Meeting to discuss the Coziahr case - - 2 4/05/22 Directors Quarterly Meeting Meeting with GM Martinez to discuss District matters - - 3 4/06/22 Board Meeting April Board of Directors Meeting - - 4 4/25/22 Ad Hoc Legal Services Committee Meeting Met with Director Lopez and GM Martinez to discuss legal service matters - - 5 4/26/22 CWA Matters Meeting Met with President Smith and GM Martinez to discuss CWA matters - - 6 4/27/22 Special Board Meeting Review Budget and Key Assumptions - - 7 8 9 Total Meeting Per Diem: $912 ($152 per diem) Total Mileage Claimed: miles (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ INSTRUCTIONS ON REVERSE OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered: Employee Number: 1896 From: 4-1-22 To: 4-30-22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 4-5-22 South County Economic Development Council Meeting Monthly Board Meeting - - 2 4-6-22 OWD Regular Board Meeting Monthly Board Meeting 3 4-19-22 EO&WR Committee Meeting EO&WR Committee Monthly Meeting - - 4 4-23-22 CSDA Course Course-Navigating Prop 218 Rates and Fees - - 5 4-27-22 OWD Budget Workshop Meeting Discussion on 2023 Budget - - 6 - - 7 - - 8 - - 9 - - 10 - - Total Meeting Per Diem: $760 ($152 per meeting) Total Mileage Claimed: 0 Miles Mark Robak 7014 From:4/1/2022 4/30/2022 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 4/1/2022 East County Chamber of Commerce First Friday Breakfast - NO CHARGE 0 0 2 4/5/2022 East County Chamber of Commerce Government Affairs & Infrastructure Committee 0 0 3 4/6/2022 Otay Mesa Chamber of Commerce Otay Mesa AMAZON Team presentation - NO CHARGE 0 0 4 4/6/2022 Otay Water District Board Meeting 0 0 5 4/7/2022 P3 Water Summit Discussion of Public-private partnerships to deliver critical water projects 0 0 6 4/8/2022 P3 Water Summit Discussion of Public-private partnerships to deliver critical water projects 0 0 7 4/19/2002 East County Chamber of Commerce Candidate Endorsement Committee - NO CHARGE 0 0 8 4/20/2022 Otay Finance & Administration Committee Discussed District finance and administration items 0 0 9 4/21/2022 San Diego Regional Chamber of Commerce Circle of Influence Reception at ARTS DISTRICT Liberty Station - NO CHARGE 0 0 10 4/26/2022 Water Conservation Garden JPA Board Meeting 0 0 11 4/27/2022 Otay Water District Special Board Meeting 0 0 12 4/28/2022 Water ReUse Association San Diego Chapter 20th Anniversary 0 50 0 0 $ 1,216 50 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To:Period Covered Employee Number Total Mileage Claimed: Director Signature ($152 PER MEETING) Total Meeting Per Diem: