HomeMy WebLinkAbout04-06-22 Board Minutes 1
MINUTES OF THE
BOARD OF DIRECTORS MEETINGS OF THE
OTAY WATER DISTRICT
AND
OTAY WATER DISTRICT FINANCING AUTHORITY
April 6, 2022
1. The meeting was called to order by President Smith at 3:38 p.m.
2. ROLL CALL
Directors Present: Croucher (Arrived at 3:43 p.m.), Keyes, Lopez, Robak and
Smith
Directors Absent: None
Staff Present: General Manager Jose Martinez, General Counsel Dan
Shinoff, General Counsel Jeanne Blumenfeld, 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. PRESENTATION OF THE 2022 ECONOMIC UPDATE FOR SAN DIEGO COUNTY
PREPARED BY THE XPERA GROUP
Finance Manager Kevin Koeppen introduced Mr. Alan Nevin, the Director of
Economic and Market Research at Xpera Group, who has an extensive background
in real estate economics, lending and market analysis. Mr. Nevin also serves the
development, investment, legal and public agency communities with residential and
commercial real estate valuation, feasibility and real estate advisory services.
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Staff and Mr. Nevin responded to comments and questions from the board and
stated that multiple factors are being observed to determine the impacts on the
District’s revenues and rates for customers.
6. APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF MARCH 2,
2022, AND SPECIAL BOARD MEETING OF MARCH 29, 2022
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 minutes of the regular board meeting of March 2, 2022, and special
board meeting of March 29, 2022.
7. 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.
PUBLIC HEARING ITEMS
8. THE BOARD WILL HOLD A PUBLIC HEARING TO CONSIDER APPROVING THE
FOLLOWING AGENDA ITEMS AND INVITES THE PUBLIC TO PROVIDE
COMMENTS ON THE ITEMS
a) PUBLIC HEARING ON REDISTRICTING
OTAY WATER DISTRICT WILL BE ADJUSTING THE BOUNDARIES OF
ITS FIVE (5) DIVISIONS TO EQUALIZE THE POPULATION WITHIN
THOSE DIVISION BOUNDARIES BECAUSE OF AN INCREASE IN THE
POPULATION WITHIN ITS SERVICE AREA, AS MEASURED BY THE 2020
U.S. CENSUS PURSUANT TO CALIFORNIA WATER CODE §71540 AND
ELECTIONS CODE § 22001. THIS PUBLIC HEARING IS BEING HELD TO
INVITE AND SOLICIT PUBLIC COMMENT ON THE DRAFT DIVISION
MAPS WHICH WERE PUBLISHED BY THE DISTRICT PRIOR TO THE
BOARD OF DIRECTORS CONSIDERING ADOPTION OF A NEW DIVISION
MAP AT TODAY’S HEARING
General Manager Jose Martinez provided a timeline and background of the
redistricting process and stated that the board was provided three (3) map options
for adjusting the boundaries of the District’s five (5) divisions at the March 2, 2022,
board meeting. At that meeting, the board recommended to adopt Map Option 3 for
the proposed Division boundaries. Mr. Martinez indicated that a public hearing
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notice for today’s meeting was published in the Star News and East County
Californian newspapers.
President Tim Smith opened the Public Hearing at 3:42 p.m. and asked District
Secretary Tita Ramos-Krogman if there were any comments or participation from
the public.
District Secretary Ramos-Krogman stated that there were no comments or
participation from the public.
With no comments from the public, President Smith closed the Public Hearing at
3:43 p.m. and indicated that Map Option 3 will be presented for adoption at today’s
board meeting.
Director Croucher arrived at 3:43 p.m.
b) ADOPT RESOLUTION NO. 4407, A RESOLUTION OF THE BOARD OF
DIRECTORS OF OTAY WATER DISTRICT, REAPPORTIONING THE FIVE
DIVISIONS WITHIN THE OTAY WATER DISTRICT
General Manager Jose Martinez provided a staff report to the board and
recommended the adoption of Resolution No. 4407 to reapportion the five (5)
divisions within the District. He noted that the deadline to approve the redistricting of
the District’s division boundaries is April 17, 2022.
A motion was made by Director Robak, seconded by Director Keyes and carried
with the following vote:
Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: None
to Adopt Resolution No. 4407, a resolution of the Board of Directors of Otay Water
District, reapportioning the five divisions within the Otay Water District.
CONSENT ITEMS
9. 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 Robak, seconded by Director Keyes and carried
with the following vote:
Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: None
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to approve the following consent calendar items:
a) AWARD OF A CONSTRUCTION CONTRACT TO CCL CONTRACTING,
INC. FOR THE PASO DE LUZ/TELEGRAPH CANYON (CIP P2612) AND
VISTA GRANDE/VISTA SIERRA (CIP P2616) WATER LINE
REPLACEMENT PROJECTS IN AN AMOUNT NOT-TO-EXCEED
$1,627,440
b) AWARD OF TWO (2) PROFESSIONAL SERVICES CONTRACTS FOR AS-
NEEDED GRANT WRITING & ADMINISTRATION SERVICES TO
ENGINEERING SOLUTIONS SERVICES AND HOCH CONSULTING. THE
TOTAL AMOUNT OF THE TWO (2) CONTRACTS WILL NOT EXCEED
$300,000 DURING FISCAL YEARS 2023-2025
c) APPROVE TO INCREASE THE CIP P2677 BUDGET IN AN AMOUNT OF
$300,000 (FROM $1,500,000 TO $1,800,000) AND AUTHORIZE THE
GENERAL MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE OTAY WATER DISTRICT
FOR THE LA MEDIA/AIRWAY ROAD WATER LINE RELOCATION (CIP
P2677) PROJECT
d) APPROVE A REIMBURSEMENT REQUEST FROM BALDWIN & SONS,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, IN THE AMOUNT OF
$265,911.45 FOR THE COMPLETED CONSTRUCTION OF A 20-INCH
RECYCLED WATER PIPELINE ON SANTA VICTORIA ROAD, FOR A
PORTION OF THE CAPITAL IMPROVEMENT PROGRAM PROJECT
RECPL - 20-INCH, 680 ZONE, VILLAGE 2 – HERITAGE/LA MEDIA (CIP
R2084), PROJECT LOCATION SANTA VICTORIA ROAD
e) ADOPT THE 2022 OTAY WATER DISTRICT LEGISLATIVE PROGRAM
POLICY GUIDELINES AND TOP 10 LEGISLATIVE PRIORITIES
f) DISCUSSION AND DIRECTION REGARDING THE PROPOSED FY 2023 –
FY 2026 STRATEGIC PLAN
ACTION ITEMS
10. 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
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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 Director Keyes, seconded by Director Lopez, and carried
with the following vote:
Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: None
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 indicated that the ACWA Spring Conference 2022 will be held the
first week of May 2022, which board members will be attending. He suggested to
move the May 4th board meeting to May 11th. There was a consensus from all board
members to have the May board meeting on May 11, 2022. In addition, President
Smith requested that the June 1st board meeting be moved to June 8th due to a
scheduling conflict. There was a consensus from all board members to move the
June 1st board meeting to June 8, 2022. There were no other changes to the board
calendar.
UREPORTS
11. GENERAL MANAGER’S REPORT
General Manager Martinez presented information from his report that included the
District’s response to the COVID-19 pandemic, recruitments and new hires, and
reported that the District received the CSMFO Capital Budget Award.
Mr. Martinez announced that Chief of Engineering Rod Posada will be retiring in
September 2022.
Staff responded to several questions from President Smith regarding the update of
the collections of bad debt exposure table.
12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE
President Smith reported that CWA received an update of MWD’s budget that
proposes an overall rate increase of 8% in FY 2023 and 8% in FY 2024. CWA also
received an overview of MWD’s proposed 10-year rate forecast and upcoming
budget, rates review, and long-term financial planning processes. President Smith
shared that MWD received letters from member agencies, including a letter from the
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Otay Water District, voicing their concerns of MWD’s proposed budget. He also
provided an update on CWA’s OPEB plan, First Aqueduct Treated Water Tunnel
Rehabilitation Project, and the Pipeline 5 Relining North Twin Oaks Valley Road to
Crossover pipeline Turnout Project.
Director Croucher reported that CWA Vice Chair Rios was replaced by director Katz
who represents the City of Del Mar. He shared that the drought continues to be a
forefront of CWA’s concerns as the State Water Project’s allocation was reduced to
5%.
13. 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.
14. PRESIDENT’S REPORT
President Smith appointed himself and Director Lopez to the Ad Hoc General
Manager Evaluation Committee and appointed Directors Croucher and Lopez to the
Ad Hoc Legal Services Committee.
A written report from President Smith was submitted to District Secretary Ramos-
Krogman and will be attached to the minutes for today’s meeting.
U 15. CLOSED SESSION
The board recessed to closed session at 5:00 p.m. to discuss the following matters:
a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC
SERVICES [GOVERNMENT CODE §54957]
b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[GOVERNMENT CODE §54956.9]
OTAY WATER DISTRICT vs. CITY OF SAN DIEGO; CASE NO. 37-2017-
00019348-CU-WM-CTL
c) 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
d) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code
§54954.5
RETURN TO OPEN SESSION
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16. 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 6:50 p.m. and General Counsel Dan
Shinoff reported that the board took no reportable actions in closed session.
UOTAY WATER DISTRICT FINANCING AUTHORITY
17. NO MATTERS TO DISCUSS
There were no items scheduled for discussion for the Otay Water District Financing
Authority board.
18. ADJOURNMENT
With no further business to come before the Board, President Smith adjourned the
meeting at 6:50 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 03/01/22 To: 03/31/22
ITEM
I
2
3
4
5
6
7
8
9
10
DATE MEETING
03/02/22 OWD Board Meeting
03/09/22 COWU Pre-Meeting
03/11/22 Committee Agenda Briefmg
03/15/22 EO&WR Committee Meeting
03/22/22 CW A Matters Meeting
03/23/22 East County Caucus
03/29/22 OWD Special Board Meeting
03/30/22 Ad Hoc Salt Creek Golf Course Lease & Property Disposition Committee
Total Meeting Per Diem: ($152 per diem) $ 1,216
Total Mileage Claimed:
PURPOSE / ISSUES MILEAGE MILEAGE
DISCUSSED (Via Teleconference) HOMEtoOWD OTHER
OWDtoHOME LOCATIONS
Monthly Board Meeting -
Discuss and prepare for COWU meeting --
Discuss agenda items that are going to the March committee meetings --
Meeting with GM, Legal and staff to discuss agenda items going to the April 6, --
2022 board meeting
Discuss CWA Matters with GM Martinez and Director Croucher --
Discuss East County issues with agencies and CWA --
Consider AB 361 and Nomination of GM Martinez to ACW A Board Region I 0 -
Discuss Salt Creek Golf Course Matters --
miles
(Director's Signature) GM Receipt:----,.Date: ______ _
FOR OFFICE USE: TOT AL MILEAGE REIMBURSEMENT: $ _____ _
(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: 3/1/22 To: 3/31/22
ITEM DATE MEETING PURPOSE / ISSUES
DISCUSSED (Via Teleconference) MILEAGE
HOME to OWD OWD to HOME
MILEAGE
OTHER LOCATIONS
1 3/2/22 Board March Board of Directors Meeting - -
2 3/17/22 Committee CPRL&L Committee Meeting - -
3 3/22/22 President and Gen Managers CWA Matters and Review of Agenda - -
4
3/23/22 East County Caucus Meeting between East County Board
Members to discuss upcoming issues - -
5 3/29/22 Board Special Board of Directors Meeting - -
6 - -
7 -
8
9
Total Meeting Per Diem: $760
($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: 3-1-22 To: 3-31-22
ITEM DATE MEETING PURPOSE / ISSUES
DISCUSSED
MILEAGE
HOME to OWD
OWD to HOME
MILEAGE
OTHER
LOCATIONS
1 3-1-22 South County Economic
Development Council
Meeting
Monthly Board Meeting - -
2 3-2-22 OWD Regular Board
Meeting
Monthly Board Meeting
3 3-15-22 EO&WR Committee
Meeting
EO&WR Committee Monthly Meeting - -
4 3-29-22 OWD Special Board
Meeting
Discussion on continuation of
teleconferencing
- -
5 - -
6 - -
7 - -
8 - -
9 - -
10 --
Total Meeting Per Diem: $608
($152 per meeting)
Total Mileage Claimed: 0 Miles
Mark Robak
7014 From:3/1/2022 3/31/2022
ITEM DATE MEETING PURPOSE / ISSUES
MILEAGE HOME
TO OWD OWD TO
HOME
MILEAGE
OTHER
LOCATIONS
1 3/1/2022 East County Chamber of
Commerce Government Affairs & Infrastructure Committee 0 0
2 3/2/2022 Otay Water District Board Meeting 0 0
3 3/3/2022 San Diego Chamber of
Commerce Sustainability & Industry Committee 0 0
4 3/4/2022 East County Chamber of
Commerce First Friday Breakfast - NO CHARGE 0 0
5 3/10/2022 East County Chamber of
Commerce Mixer at Hooley's in RSD - NO CHARGE 0 0
6 3/14/2022 Water Conservation Garden Donor Appreciation Luncheon and Donor Wall
Unveiling - NO CHARGE 0 0
7 3/15/2022 Council of Water Utilities Extreme Weather Events and the Impact on the
Drought 0 0
8 3/16/2022 ECEDC Monthly Meeting Monthly Board of Directors Meeting 0 0
9 3/18/2022 LAFCO Special Districts Advisory Committee 0 84
10 3/22/2022 Pure Water Oceanside Dedication Event - NO CHARGE 0 0
11 3/27/2022 San Diego Chamber of
Commerce Mission to Washington D.C. 2022 0 17
12 3/28/2022 San Diego Chamber of
Commerce Mission to Washington D.C. 2022 0 0
13 3/29/2022 San Diego Chamber of
Commerce Mission to Washington D.C. 2022 0 0
14 3/30/2022 San Diego Chamber of
Commerce Mission to Washington D.C. 2022 0 17
15 3/30/2022 Women in Water Happy
Hour Water Conservation Garden - NO CHARGE 0 0
0 118
$ 1,520
118 Miles
GM Receipt: Date: ___________________
FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________
Pay To:Period Covered
Employee Number
Total Mileage
Claimed:
Director Signature
($152 PER MEETING)
Total Meeting Per
Diem:
OTAY WATER DISTRICT
BOARD OF DIRECTORS
PER-DIEM AND MILEAGE CLAIM FORM