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Home My WebLink About08-03-22 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY August 3, 2022 1. The meeting was called to order by President Smith at 3:32 p.m. 2. ROLL CALL Directors Present: Croucher, Keyes, Lopez, Robak and Smith Directors Absent: None 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 Croucher, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve the agenda. 5. PRESENTATION OF 2022 “BEST IN DISTRICT” WATERSMART LANDSCAPE CONTEST WINNER Communications Assistant Eileen Salmeron provided a PowerPoint Presentation to the board and indicated that the winner of the 2022 “Best in District” WaterSmart Landscape Contest are Mr. Bryan and Mrs. Denee Felber. Communications Officer Tenille Otero indicated that Mr. and Mrs. Febler’s property is located in Division 4, Director Lopez’s division. On behalf of Director Lopez, she provided additional information and noted how Mr. and Mrs. Felber’s revised landscape has made a positive impact in saving water during the current drought conditions. 2 Mr. Felber provided a background of the improvements he made to his landscape and noted that his water bill is now half the amount of what he was paying monthly. He responded to comments and questions from the board. 6. APPROVE THE MINUTES OF THE SPECIAL BOARD MEETING OF JULY 20, 2022 A motion was made by Director Keyes, seconded by President Smith, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve the minutes of the special board meeting of July 20, 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 8. PUBLIC HEARING ON BOARD OF DIRECTORS PER DIEM RATE THE BOARD WILL BE HOLDING A PUBLIC HEARING TO HEAR THE PUBLIC’S COMMENTS ON THE PROPOSED 4% INCREASE TO THE BOARD OF DIRECTORS’ PER DIEM RATE FOR ATTENDING MEETINGS AND PERFORMING THE DUTIES OF THEIR OFFICE. a) ADOPT ORDINANCE NO. 585 TO APPROVE THE PROPOSED 4% INCREASE TO THE BOARD OF DIRECTORS’ PER DIEM RATE FOR ATTENDING MEETINGS AND PERFORMING THE DUTIES OF THEIR OFFICE; AND ADOPT RESOLUTION NO. 4413 AMENDING POLICY 8 TO REFLECT THE NEW PER DIEM RATE President Smith provided a brief background of the proposed per diem increase and opened the public hearing at 3:47 p.m. As no one wished to be heard, the public hearing was closed at 3:49 p.m. The board discussed that by State law the maximum percentage that the board could increase its per diem rate is 5%. With a 4% increase, the District’s per diem rate would be set at $158 and would take effect on October 2, 2022 upon approval of the board. It was noted that the board has not had a per diem increase for four years. 3 A motion was made by Director Robak, seconded by President Smith and carried with the following vote: Ayes: Directors Croucher, Lopez, Robak and Smith Noes: Director Keyes Abstain: None Absent: None to adopt Ordinance No. 585 to increase the Board of Directors’ per diem rate 4% to $158 and adopt Resolution No. 4413 to amend Policy 8 as noted in the resolution. 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 Croucher, 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 approve the following consent calendar items: a) AWARD A CONTRACT TO SAGEVIEW ADVISORY GROUP AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE A THREE-YEAR FIXED CONTRACT, PLUS TWO (2) ONE-YEAR OPTIONS, WITH SAGEVIEW OF IRVINE, CA, FOR DEFERRED COMPENSATION INVESTMENT ADVISORY SERVICES IN AN AMOUNT NOT-TO-EXCEED $135,406 b) AWARD TWO PROFESSIONAL SERVICES AGREEMENTS TO COATING SPECIALISTS AND INSPECTION SERVICES, INC. (CSI) AND RUSTY PAULS INSPECTIONS, LLC DBA MCS INSPECTION (MCS INSPECTION) FOR AS-NEEDED COATING INSPECTION SERVICES IN AN AMOUNT NOT-TO-EXCEED $175,000 DURING FISCAL YEARS 2023-2025 (ENDING JUNE 30, 2025) c) APPROVAL OF FINAL CONTRACT CHANGE ORDER NO. 2 TO THE EXISTING CONSTRUCTION CONTRACT WITH ADVANCED INDUSTRIAL SERVICES, INC. (AIS) IN THE REDUCED AMOUNT OF ($112,600.00) FOR THE 458-1 RESERVOIR INTERIOR/EXTERIOR COATING & UPGRADES (P2593) PROJECT d) ADOPT RESOLUTION NO. 4416, THE ANNEXATION OF THE PROPERTY OF FLORIDA ROCK INDUSTRIES, INC. WATER ANNEXATION, 2275 HARD 4 ROCK ROAD, CHULA VISTA, CA 91913, APNS: 644-060-20-00 AND 644- 060-17-00 TO THE OTAY WATER DISTRICT AND TO WATER IMPROVEMENT DISTRICT NO. 22/27 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 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 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 District Secretary Tita Ramos-Krogman indicated that the August Finance and Administration Committee meeting has been cancelled. There were no other changes to the board calendar. 11. ENGINEERING a) ADOPT RESOLUTION NO. 4415 TO AUTHORIZE AN APPLICATION FOR ENVIRONMENTAL MITIGATION LAND MANAGEMENT GRANT PROGRAM FUNDS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), AUTHORIZE DISTRICT STAFF TO ACCEPT GRANT FUNDS AND EXECUTE THE GRANT AGREEMENT FOR THE PROJECT, AND PROVIDE MATCHING FUNDS AND/OR IN-KIND 5 CONTRIBUTIONS AS NEEDED FOR THE SAN MIGUEL HABITAT MANAGEMENT AREA PERIMETER FENCING RESTORATION PROJECT Environmental Compliance Specialist Lisa Coburn-Boyd provided a staff report to the board. In response to a question from President Smith, she indicated that the grant funds requested is approximately $78,000. She responded to additional questions from the board. 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 adopt Resolution No. 4415 and the additional recommendations from staff. REPORTS 11. GENERAL MANAGER REPORT General Manager Martinez presented information from his report that included Property Insurance Renewal FY 2023, Cyber Insurance Renewal FY 2023, and the 1200 Pressure Zone Improvements – Phase II. He also provided an update on a July 9, 2022 matter where Water System Operator I, Pete Grable, responded to a customer who needed assistance with turning off the meter on her property as water was spraying everywhere due to a valve with a broken shut-off handle. General Manager Martinez stated that the customer provided positive feedback to the District. 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith reported that CWA discussed matters that included the increasing drought issues and funding availability for significant water issues in areas such as Lake Mead and Salton Sea. He shared that users in the Lower Basin areas (Arizona, California, Nevada) have taken measures to cut back on water use. He also reported that the United States Bureau of Reclamation has given MWD until August 15, 2022, to draft a water demands and supply plan. Additional CWA information was provided by President Smith. Director Gary Croucher reported that CWA approved a disbursement of approximately $411,888 from attorney fees that CWA received from MWD. He indicated that the Otay Water District’s portion of the disbursement was under $30,000. Additional information was provided by Director Croucher. 6 13. DIRECTORS' REPORTS/REQUESTS Communications Officer Tenille Otero responded to comments and questions from board members with regards to water rebates. Director Robak shared that former Otay Water District staff member and Padre Dam Municipal Water District Director, Jim Peasley, passed away on August 2, 2022. Condolences were given to his family. 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. 14. PRESIDENT’S REPORT President Smith reported that Caltrans is in the process of taking over the 125 Toll Road. He also reported that he, CWA’s Engineering Committee, and MWD General Manager Adel Hagekhalil will be in Los Angeles to present the installation of the largest flexible pipe over the Casa Loma Canal. 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 4:21 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, ANTICIPATED LITIGATION, GOVERNMENT CODE § 54956.9 (1 MATTER) RETURN TO OPEN SESSION 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 4:37 p.m. and General Counsel Dan Shinoff reported that the board took one reportable action; a motion (4-1) was passed to reject the claim presented in closed session. No other reportable actions were taken. UOTAY WATER DISTRICT FINANCING AUTHORITY 17. NO MATTERS TO DISCUSS 7 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 4:38 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 07/01/22 To: 07 /31/22 ITEM I 2 3 4 5 6 7 8 9 IO DATE MEETING 07/06/22 OWD Board Meeting 07/14/22 Committee & Special Board Agenda Briefing Meeting 07/19/22 EO&WR Committee Meeting 07/20/22 OWD Special Board Meeting 07/26/22 CWA Matters 07/28/22 Agenda Briefing Meeting 07/29/22 Chula Vista Chamber of Commerce 95th Annual Installation Dinner Total Meeting Per Diem: ($152 per diem) $1,064 Total Mileage Claimed: 34 PURPOSE / ISSUES MILEAGE MILEAGE DISCUSSED (Via Teleconference) HOME10OWD OTHER OWD10HOME LOCATIONS Monthly Board Meeting 26 - Met with Chief of Administration Adolfo Segura to discuss agenda items for the -- July committee meetings and July 20, special board meeting Monthly committee meeting to discuss/review agenda items going to the -- August board meeting Board meeting to consider district agenda items - Discuss CWA Matters with GM Martinez and Director Croucher -- Met with GM Martinez and legal counsel to discuss agenda items going to the -- August 3, 2022, board meeting OWD sponsor representative for the installation dinner event 8 - -- miles (Director's Signature) GM Receipt: -----Date: ______ _ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _ OT A Y WATER DISTRICT BOARD OF DLRECTORS PER-DIEM AND MfLEAGE CLAIM FORM Pay To:Gary Croucher Period Covered: Employee Number:7011 ITEM 3 4 5 6 7 8 9 DATE MEETrNG 7/20/22 OWD Special Board Meeting 7/26/22 CW A Matters Meeting Total Meeting Per Diem:($152 per diem)$304 Total Mileage Claimed: 7/1/22 PURPOSE / ISSUES DISCUSSED (Via Teleconference) Meeting with all board members toconsider and approve AB 361 Met with President Smith and GMMartinez to discuss CW A matters miles To:7/31/22 MILEAGE MILEAGE HOMEtoOWD OTHER OWDtoHOME LOCATIONS -- -- (Director's Signature) GM Receipt: Date: __ 5-1--/..:;..�_,/i'-"t_2--____ _r, FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _ OTAY WATER DISTRICT BOARD OF DlRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Employee Number: ITEM DATE I 7-4-22 2 7-6-22 3 7-7-22 4 7-19-22 5 7-20-22 6 7-25-22 7 7-27-22 8 9 10 1896 MEETING CSDA Course OWD Regular Board Meeting SCEDC EO&WR Committee Meeting OWD Special Board Meeting CSDA Course CSDA Course Total Meeting Per Diem: ($152 per meeting) $912 Total Mileage Claimed: 0 Period Covered: 7-1-22PURPOSE / ISSUES DISCUSSED Latest trends in municipal financing Monthly Board Meeting Transportation & Infrastructure Committee-Discussion on San Diego Water Resiliency & Drought Conditions EO&WR Committee Monthly Meeting Special Board Meeting (no charge) What to expect from your financial department What's new in Prevailing Wage Miles GM Receipt: To: 7-30-22MILEAGE MlLEAGE HOMEtoOWD OTHER OWDtoHOME LOCATIONS -- -- -- -- -- -- -- -- -- -- FOR OFFICE USE: TOT AL MILEAGE REIMBURSEMENT: $ _____ _ INSTRUCTIONS ON REVERSE OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Mark Robak Employee Number 7014 From: ITEM DATE 1 7/5/2022 2 7/6/2022 3 7/7/2022 4 7/8/2022 s 7/11/2022 6 7/12/2022 7 7/13/2022 8 7/14/2022 9 7/19/2022 10 7/20/2022 11 7/20/2022 12 7/26/2022 Total Meeting Per Diem: (S152 PER MEETING) Total Mileage Claimed: GM Receipt: MEETING PURPOSE / ISSUES East County Chamber of Government Affairs & Infrastructure Committee Commerce Otay Water District Board Meeting South County EDC Transportation & Infrastructure Committee -San Diego Water Resiliency and Drought Conditions East County Chamber of First Friday Breakfast at Elks Lodge -NO Commerce CHARGE ACWA Washington D.C. Legislative Conference ACWA Washington D.C. Legislative Conference ACWA Washington D.C. Legislative Conference ACWA Washington D.C. Legislative Conference Council of Water Utilities Discussion of Role of Data in Water-use Efficiency Otay Water District Finance & Administration Committee Meeting Otay Water District Special Board Meeting -NO CHARGE Water Conservation Garden JP A Board of Directors Meeting $ 1,520 Director Signature 115 Miles Date: __ 7...,./_z_�_/_t_o_z._'t. __ FOR OFFICE USE: TOT AL MILEAGE REIMBURSEMENT: S ------ Period Covered 7/1/2022 7/31/2022 ------------- MILEAGE HOME MILEAGE TOOWDOWD TO OTHER HOME LOCATIONS 0 0 7 0 0 0 0 0 0 34 0 0 0 0 0 34 0 40 0 0 0 0 0 0 7 108