HomeMy WebLinkAbout06-08-22 Board Minutes1
MINUTES OF THE
BOARD OF DIRECTORS MEETINGS OF THE
OTAY WATER DISTRICT
AND
OTAY WATER DISTRICT FINANCING AUTHORITY
June 8, 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 Robak, seconded by Director Keyes, and carried
with the following vote:
Ayes: Directors Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: Director Croucher
to approve the agenda.
5.APPROVE THE MINUTES OF THE REGULAR BOARD MEETINGS OF APRIL 6,
2022 AND MAY 11, 2022
A motion was made by Director Lopez, seconded by Director Robak, and carried
with the following vote:
Ayes: Directors Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: Director Croucher
to approve the minutes of the regular board meetings of April 6, 2022 and May 11,
2022.
AGENDA ITEM 4
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.
PUBLIC HEARING ITEMS
7. THE BOARD HELD A PUBLIC HEARING TO CONSIDER APPROVING THE
FOLLOWING AGENDA ITEM AND INVITED THE PUBLIC TO PROVIDE
COMMENTS ON THE ITEM
a) APPROVE RESOLUTION NO. 4409, AUTHORIZING THE
COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS BY OUTSIDE
COUNSEL TO ACQUIRE THE NECESSARY INTERESTS IN REAL
PROPERTY FOR THE COTTONWOOD SEWER PUMP STATION
REPLACEMENT PROJECT
Senior Civil Engineer Steve Beppler provided a staff report to the board and
recommended the approval of Resolution No. 4409, authorizing the commencement
of eminent domain proceedings by outside counsel to acquire the necessary
interests in real property for the Cottonwood Sewer Pump Station Replacement
Project. He stated that staff reached out to the property owner and indicated that the
owner had no objection to the district’s plan. Mr. Beppler responded comments and
additional questions from the board.
President Tim Smith opened the Public Hearing at 3:40 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
3:41 p.m..
A motion was made by Director Robak, seconded by Director Keyes and carried
with the following vote:
Ayes: Directors Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: Director Croucher
to Adopt Resolution No. 4409, authorizing the commencement of eminent domain
proceedings by outside counsel to acquire the necessary interests in real property
for the Cottonwood Sewer Pump Station Replacement Project.
3
CONSENT ITEMS
8. 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: Director Croucher
to approve the following consent calendar items:
a) AWARD A CONSTRUCTION CONTRACT TO M-RAE ENGINEERING, INC.
FOR THE RECYCLED WATER PIPELINE CATHODIC PROTECTION
IMPROVEMENTS (R2146) PROJECT IN AN AMOUNT NOT-TO-EXCEED
$552,060
b) AWARD TWO PROFESSIONAL SERVICES AGREEMENTS TO WOOD
RODGERS, INC. AND WATER SYSTEMS CONSULTING, INC. FOR AS-
NEEDED HYDRAULIC MODELING SERVICES IN AN AMOUNT NOT-TO-
EXCEED $175,000 FOR FISCAL YEARS 2023 AND 2024
c) ADOPT RESOLUTION NO. 4411 TO CONTINUE WATER AND SEWER
AVAILABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL
YEAR 2022-2023 TO BE COLLECTED THROUGH PROPERTY TAX BILLS
d) ADOPT RESOLUTION NO. 4412 TO ESTABLISH A REDUCED TAX RATE
FOR IMPROVEMENT DISTRICT NO. 27 AT $0.001 FOR FISCAL YEAR
2022-2023
ACTION ITEMS
9. BOARD
a) DISCUSSION OF BOARD OF DIRECTORS POLICY 8, DIRECTORS
COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP
INSURANCE BENEFITS
President Smith indicated that it has been four years since the board approved a
per diem increase and proposed an increase to the current per diem from $152 to
$158.
Director Keyes stated his concerns of the timing of a per diem increase because of
public perception in a time where there are economic issues.
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In response to a question from Director Robak, General Counsel Dan Shinoff stated
that there is a 5% limitation to increasing per diems.
Director Lopez stated that the proposed per diem increase should also be based on
all the work and time that board members put in monthly to find ways to improve
water issues.
b) 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 Robak, and carried
with the following vote:
Ayes: Directors Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: Director 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).
c) DISCUSS THE 2022 BOARD MEETING CALENDAR
President Smith indicated that staff would be available to provide a tour of the
District’s Treatment Plant on June 22nd and inquired if board members would be
interested in attending. All board members present indicated that they would be
available to attend the tour. With four (4) board members confirming their
attendance, President Smith directed District Secretary Tita Ramos-Krogman to set
up a special board meeting on June 22, 2022, for the tour. There were no other
changes to the board calendar.
Director Robak stated that he would also like to visit the District’s Regulatory Site
and pump stations. General Manager Martinez stated that staff will set up a different
tour for Director Robak’s request.
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INFORMATIONAL ITEMS
10. THE FOLLOWING ITEM IS PROVIDED TO THE BOARD FOR INFORMATION
PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA
ITEM:
a. THIRD QUARTER OF FISCAL YEAR 2022 CAPITAL IMPROVEMENT
PROGRAM REPORT
Engineering Manager Michael Long provided a PowerPoint presentation to the
board. He responded to comments and questions from the board.
FY 2023 BUDGET
11. ADOPT RESOLUTION NO. 4410 TO APPROVE THE FY 2022-2023 OPERATING
AND CAPITAL BUDGET WITH A 4.1% RATE INCREASE FOR WATER AND A
4.5% RATE INCREASE FOR SEWER; APPROVE FUND TRANSFERS FOR
POTABLE, RECYCLED, AND SEWER; ADOPT THE SALARY SHCEDULE;
ADOPT ORDINANCE NO. 584 AMENDING APPENDIX A WITH THE APPROVED
SEWER RATE CHANGES, EFFECTIVE JANUARY 1, 2023; AND DIRECT STAFF
TO DRAFT AND MAIL SEWER RATE INCREASE NOTICES TO CUSTOMERS;
AND DIRECT STAFF TO DRAFT AND MAIL PROPOSITION 218 HEARING
NOTICES FOR POTABLE AND RECYCLED WATER TO CUSTOMERS
Assistant Chief of Finance Kevin Koeppen indicated that staff will provide a
PowerPoint presentation to the board. During the presentation, staff responded to
comments and questions from the board.
President Smith commended staff and explained their efforts to maintain a low
increase in water and sewer rates for FY 2023.
Director Keyes recommended that staff reach out to customers and provide
information on the District’s efforts to minimize its budget.
A motion was made by Director Keyes, and seconded by Director Lopez and carried
with the following vote:
Ayes: Directors Keyes, Lopez, Robak, and Smith
Noes: None
Abstain: None
Absent: Director Croucher
to approve the following:
• Adoption of Resolution No. 4410 to approve the FY 2022-2023 Operating
Budget of $118.6 million and Capital Budget of $12.6 million including:
o A 4.1% rate increase for water
o A 4.5% rate increase for sewer
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• Approve annual fund transfers for potable, recycled, and sewer
• Adopt the Salary Schedule pursuant to CA Code of Regulations 570.5
(CalPERS enforced)
• Approve the continued advance funding of the District’s unfunded pension
liability
• Approve the sewer rate changes and adopt Ordinance No. 584 to amend the
Code of Ordinances, including Appendix A, with the proposed 4.5% sewer
rate increase on all billings that begin January 1, 2023
• Direct staff to draft and mail water and sewer rate increase notices
• Direct staff to draft and mail Proposition 218 notices for recommended water
rate and structure changes
REPORTS
12. GENERAL MANAGER REPORT
General Manager Martinez presented information from his report that included the
District’s company picnic event on July 9, 2022, new hires, water arrearages, an
emergency shutdown on the 36-inch transmission main that runs east and west on
Jamacha Boulevard at Maya Street in Spring Valley, a mock shutdown that
occurred on May 12, 2022, on Oleander Avenue and Olympic Parkway in Chula
Vista. Mr. Martinez also provided the July 2020 through April 2021 vs. July 2021
through April 2022 conservation report.
Mr. Martinez announced that Human Resources Manager Kelli Williamson will be
retiring in December 2022.
13. SAN DIEGO COUNTY WATER AUTHORITY UPDATE
President Smith reported that CWA discussed matters that included the Carlsbad
Desalination Report, Lake Hodges repairs, consideration of leasing out CWA
properties, and the recruitment of a General Counsel. He also shared that Director
Croucher discussed Otay Water District’s water delivery to Tijuana, Baja California.
14. DIRECTORS' REPORTS/REQUESTS
Written reports from Directors Croucher, Keyes, Lopez and Robak were submitted
to District Secretary Ramos-Krogman, which will be attached to the minutes for
today’s meeting.
15. PRESIDENT’S REPORT
President Smith directed board members to submit their GM Evaluation Form to
General Counsel by June 10, 2022.
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
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16.CLOSED SESSION
The board recessed to closed session at 5:34 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
Director Lopez left at 6:36 p.m.
RETURN TO OPEN SESSION
17.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 6:40 p.m. and General Counsel Dan
Shinoff reported that the board took no reportable actions in closed session.
UOTAY WATER DISTRICT FINANCING AUTHORITY
18.NO MATTERS TO DISCUSS
There were no items scheduled for discussion for the Otay Water District Financing
Authority board.
19.ADJOURNMENT
With no further business to come before the Board, President Smith adjourned the
meeting at 6:42 p.m.
President
ATTEST:
District Secretary
(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: Tim Smith Period Covered:
Employee Number: 1845 From: 05/01/22 To: 05/31/22
ITEM DATE MEETING PURPOSE / ISSUES
DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME
MILEAGE
OTHER LOCATIONS
1 05/05/22 Ad Hoc GM Review
Committee Meeting
Met with Director Lopez and legal
counsel to discuss GM Evaluation - -
2 05/11/22 OWD Board Meeting Monthly Board Meeting 26 -
3 05/12/22 Committee Agenda Briefing Discuss agenda items that are going to the May committee meetings
- -
4 05/17/22 EO&WR Committee Meeting Meeting with GM, Legal and staff to discuss agenda items going to the June 8, 2022 board meeting
26 -
5 05/20/22 Directors’ Quarterly Meeting Met with GM Martinez to discuss district matters - -
6 05/24/22 CWA Matters Meeting Discuss CWA Matters with GM Martinez and Director Croucher - -
7 05/25/22 East County Caucus Discuss East County issues with agencies and CWA - 44
8 05/27/22 Agenda Review Review board agenda items with GM and Legal for the June 8, 2022 board meeting - -
9
10
Total Meeting Per Diem: $ 1,216
($152 per diem)
Total Mileage Claimed: 96 miles
OTA Y WATER DISTRICT
BOARD OF DIRECTORS
PER-DIEM AND MILEAGE CLAIM FORM
Pay To: Gary Croucher
Employee Number: 701 I
ITEM
I
2
3
4
5
6
7
8
9
DATE MEETING
5/09/22 Ad Hoc Legal Services Committee Meeting
5/10/22 Ad Hoc Legal Services Committee Meeting
5/11/22 Board Meeting
5/24/22 CW A Matter Meeting
Total Meeting Per Diem:
($152 per diem)
$608
Total Mileage Claimed:
Period Covered:
5/1/22
PURPOSE / ISSUES
DISCUSSED (Via Teleconference)
Met with Director Lopez and GM Martinez to discuss legal service matters
Met with Director Lopez and GM Martinez to discuss legal service matters
May Board of Directors Meeting -Closed Session; Reported Ad Hoc Legal Services Committee meeting discussion
Met with President Smith and GM Martinez to discuss CW A matters
miles
To: 5/31/22
MILEAGE MILEAGE
MOMEtoOWD OTHER OWDtoMOME LOCATIONS
--
--
--
--
GM Receipt: __ (Director's Signature)
Date: __ c.....,/2�{{-t,/�'2�"-z�-z.....�--
FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _
OT A Y WATER DISTRICT
BOARD OF DIRECTORS
PER-DIEM AND MILEAGE CLAIM FORM
Pay To: Ryan Keyes
Employee Number: 1896
ITEM
1
23 4
5
6
7
8
9
10
DATE MEETING
5-1-22 CSDA Course
5-3-22 South County Economic Development Council Meeting
5-8-22 CSDA Course
5-11-22 OWD Regular Board
Meeting
5-13-22 Quartertly Meeting with General Manager
5-17-22 EO& WR Committee Meeting
5-30-22 CSDA Course
5-30-22 CSDA Course
$912 Total Meeting Per Diem:($152 per meeting)
Total Mileage Claimed:0
Period Covered:
5-1-22
PURPOSE / ISSUES
DISCUSSED
Board Member & District Liability Issues 2022
Monthly Board Meeting
Is your District Recession Ready-2022
Monthly Board Meeting
Current issues affecting OWD
EO&WR Committee Monthly Meeting
Maximize Your Membership Resources
for Board Members (no charge)
Prudently & Proactively Managing Pension Liabilities (no charge)
Miles
To: 5-31-22MILEAGE MILEAGE
HOMEtoOWD OTHER
OWDtoHOME LOCATIONS
--
--
--
--
--
--
--
--
--
GM Receipt: _ (�atu24r
Date: _ _;;C.""-1-fe_t_'f:+/2_-z_c ___ _I I
FOR OFFICE TOT AL MILEA : $ _____ _
INSTRUCTIONS ON REVERSE
OTAY WATER DISTRICT
BOARD OF DIRECTORS
PER-DIEM AND MILEAGE CLAIM FORM
Pay To: Jose Lopez
Employee Number:7010
ITEM
1
2
3
4
5
6
7
8
9
10
DATE MEETING
04/01/22 CV Chamber of Commerce
04/06/22 Otay Water District
04/20/22 Otay Water District
04/25/22 Otay Water District
04/26/22 Water Conservation Garden
04/27/22 Otay Water District
Total Meeting Per Diem:
($152 per diem)
Total Mileage Claimed:
$ 760
57
Period Covered:
PURPOSE / ISSUES
DISCUSSED
04/1/22 To: 04/30/22MILEAGE MILEAGE
HOME10OWD OTHER
OWD10HOME LOCATIONS
First Friday meetings (no Charge)
Regular Board meeting 19
Finance & Adm in Committee 19
Ad Hoc Legal Committee
Quarterly meeting
Special Board Meeting (Budget)19
miles
(Director's Signature)
Date: __ i_,/_1�3+-/_z_v_2--_2.. __ _
FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _
Pay To: Jose Lopez
Employee Number: 7010 OT A Y WATER DISTRICT
BOARD OF DIRECTORS
PER-DIEM AND MILEAGE CLAIM FORM
Period Covered: 05/1/22 To: 05/31 /22ITEM DATE MEETING PURPOSE / ISSUES MILEAGE MILEAGE
I
2
3
4
5
6
7
8
9
10
05/05/22 OWD
05/09/22 OWD
05/10/22 OWD
05/11/22 OWD
05/17/22 cowu 05/18/22 OWD
05/19/22 OWD
Total Meeting Per Diem:
($152 per diem)
Total Mileage Claimed:
$ 1064
76
DISCUSSED HOMEtoOWD OTHER
OWDtoHOME LOCATIONS
Ad Hoc Gm Evaluation Committee
Ad Hoc Legal Committee
Ad Hoc Legal Committee
Regular Board Meeting 19
Quarterly meeting 38
Finance & Adm in Committee 19
Gen Manager Quarterly meeting
miles
GM Receipt:
(Director's Signature)
Date: _1,_,
/._1-'-�1-
/_zo_Z_Z--__ _
FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _
EXHIBIT D
OTAY WATER DISTRICT
BOARD OF DIRECTORS
EXPENSE CLAIM FORM
Pay To: Mark Robak Period Covered:
Employee Number: 7014 From: 5-1-22 To: 5-31-22
ITEMIZED REIMBURSEMENT CLAIMED
(Attach receipts for expenses greater than $10)
Date Type of Reimbursement Amount
5-2-22 Airport parking for three days at Laurel San Airport Parking $46.87
5-2-22 Coffee at San Diego Airport $3.41
5-2-22 Uber from Sacramento Airport to hotel 31.01
5-2-22 Dinner at Public House Downtown $29.83
5-5-22 Dinner at Burgers & Brew at Sacramanto Airport $19.
5-15-22 Airport parking for two days at Laurel San Airport Parking $20.94
5-16-22 Coffee at San Diego Airport $3.41
5-16-22 Lyft from Sacramento Airport to hotel 22.64
5-16-22 Reading Glasses from CVS 20.11
5-16-22 Lyft from hotel to Sacramento Airport 22.99
TOTAL Reimbursement Claimed: $ 220.81
Director Signature: Date: 5-31-22
GM Approval: Date:
17