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Home My WebLink About11-02-22 Board Agenda (2) 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY November 2, 2022 1. The meeting was called to order by President Smith at 3:30 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 Michael Long, 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 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 agenda. 5. APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF SEPTEMBER 7, 2022 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 minutes of the regular board meeting of September 7, 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 ITEM 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 Robak, 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 approve the following consent calendar item: a) ADOPT ORDINANCE NO. 587 AMENDING SECTION 6, CONFLICT OF INTEREST CODE OF ORDINANCES TO UPDATE THE GIFT LIMIT FOR THE 2021 AND 2022 CALENDAR YEARS; AND TO NOTE THE GIFT LIMIT INCRASE IN JANUARY 2023 AND EVERY ODD YEAR THEREAFTER b) AWARD TWO (2) PROFESSIONAL SERVICE CONTRACTS FOR AS-NEEDED ENVIRONMENTAL SERVICES AND TO AUTHORIZE THE GENERAL MANAGER TO EXECUTE TWO AGREEMENTS WITH HELIX ENVIRONMENTAL PLANNING, INC. (HELIX) AND CHAMBERS GROUP, INC. (CHAMBERS GROUP), EACH IN AN AMOUNT NOT-TO-EXCEED $500,000.00. THE TOTAL AMOUNT OF THE TWO (2) CONTRACTS WILL NOT EXCEED $500,000.00 DURING FISCAL YEARS 2023-2025 (ENDING JUNE 30, 2025) c) AWARD TWO (2) PROFESSIONAL SERVICES CONTRACTS FOR AS- NEEDED IN-PLANT INSPECTION SERVICES AND TO AUTHORIZE THE GENERAL MANAGER TO EXECUTE TWO (2) AGREEMENTS WITH ON-SITE TECHNICAL SERVICES, INC. (ON-SITE) AND KENNY CONSULTING SERVICES, INC. (KCS), EACH IN AN AMOUNT NOT-TO-EXCEED $175,000.00 DURING FISCAL YEARS 2023 AND 2024 (ENDING JUNE 30, 2024) d) AWARD A CONSTRUCTION CONTRACT TO UNIFIED FIELD SERVICES CORPORATION (UFSC) AND TO AUTHROIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH UFSC FOR THE 1004-2 & 485-1 RESERVOIR INTERIOR/EXTERIOR COATING & UPGRADES PROJECT IN AN AMOUNT NOT-TO-EXCEED $1,857,865.00 3 e) AWARD TWO (2) PROFESSIONAL AS-NEEDED CORROSION ENGINEERING SERVICES AGREEMENTS AND TO AUTHORIZE THE GENERAL MANAGER TO EXECUTE TWO (2) AGREEMENTS WITH RFYEAGER ENGINEERING, LLC (RFYEAGER) AND JDH CORROSION CONSULTANTS, INC. (JDH), EACH IN AN AMOUNT NOT-TO-EXCEED $640,000.00 DURING FISCAL YEARS 2023 THROUGH 2025 (ENDING JUNE 30, 2025) 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 General Manager Jose Martinez discussed AB 2449 that passed legislature and supersedes AB 361 as far as governing virtual board meetings. A memo will be provided to the board for further details of AB 2449. A motion was made by Director Croucher, seconded by Director Smith, 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) ADOPT RESOLUTION NO. 4420 TO UPDATE BOARD POLICY NO. 40, ETHICS POLICY Chief of Administrative Services Adolfo Segura provided the staff report to the board and indicated that updates to Policy No. 40 include social media guidelines. Mr. Segura responded to comments and questions from the board. 4 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 adopt Resolution No. 4420 to update Board Policy No. 40, Ethics Policy. c) DISCUSS THE 2022 BOARD MEETING CALENDAR President Smith noted that the December 7, 2022, regular board meeting will be cancelled unless an Oath of Office ceremony is required for a new board member. He also noted that a special board meeting will be held in early December to tour the 870-2 Pump Station. There were no other changes to the board calendar. 9. FINANCE a) APPROVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Senior Accountant Marissa Dychitan provided the staff report to the board and introduced Ms. Shannon Ayala, Partner at Davis Farr LLP, who provided a PowerPoint presentation of the audit process and results of the audit. Ms. Ayala and staff responded to comments and 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 approve the audited financial statements for the fiscal year ended June 30, 2022. INFORMATIONAL ITEMS 10. OPERATIONS a) UPDATE ON THE DISTRICT’S LEAK DETECTION PROGRAM System Operations Manager Jake Vaclavek provided a PowerPoint presentation of the program and responded to comments and questions from the board. b) UPDATE OF THE DISTRICT’S HAZARD MITIGATION ACTION PLAN 5 Safety and Security Specialist Emilyn Zuniga provided a PowerPoint presentation to the board and noted that the District saved approximately $50,000 to $100,000 by having staff draft and implement the Hazard Mitigation Plan. Ms. Zuniga responded to comments and questions from the board. REPORTS 11. GENERAL MANAGER REPORT General Manager Jose Martinez provided his GM Report to the board and noted that Ms. Suzie Lawson is the District’s new Human Resources Manager. He also noted that the Mexico water deliveries ended at the end of September 2022. 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith discussed CWA’s Project Labor Agreement Plan and the permanent agricultural rate. He also shared that CWA has had discussions on who should maintain the Twin Oaks Water Treatment Plant, either staff or a contractor. Director Gary Croucher noted that CWA is looking at options to maximize savings with the Twin Oaks Water Treatment Plant. He also discussed MWD’s issues where there is no water available in some of its service areas. 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 provided an update of his calendar year 2022 goals that included COVID-19 safety for the District, funding and support for customers during COVID-19 challenges, the on-going long term agreement with the City of San Diego, sale of the Salt Creek Golf Course, and implementation of the District’s new strategic plan. He shared information of the January 27-28, 2023, MWD tour and invited board and staff members to attend the tour. A written report from President Smith was submitted to District Secretary Ramos-Krogman and will be attached to the minutes for today’s meeting. 15. CLOSED SESSION The board recessed to closed session at 5:17 p.m. to discuss the following matters: a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SERVICES [GOVERNMENT CODE §54957] 6 b) CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION, GOVERNMENT CODE § 54956.9 (1 MATTER) c) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code §54954.5 Director Croucher left at 5:17 p.m. 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 6:23 p.m. and General Counsel Dan Shinoff reported that the board took the following action: Agenda Item 14c, with a motion of 4-0, the board extended General Counsel’s contract for one year. No other reportable actions were taken. OTAY 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 6:24 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: 10/01/22 To: 10/31/22 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 10/05/22 OWD Board Meeting Monthly Board Meeting 26 - 2 10/06/22 Colorado River Webinar Participated in Webinar for Colorado River Water Issues - - 3 10/13/22 Committee Agenda Briefing Met with General Manager Jose Martinez to discuss agenda items for the October committee meetings - - 4 10/18/22 EO&WR Committee Meeting Monthly committee meeting to discuss/review agenda items going to the November committee meeting 26 5 10/25/22 CWA Matters Meeting Met with Director Croucher and GM Martinez to discuss CWA matters - - 6 10/28/22 Agenda Briefing Meeting Met with GM Martinez and Legal Counsel to discuss agenda items for the November board meeting - - Total Meeting Per Diem: $948 ($158 per diem) Total Mileage Claimed: 52 miles Pay To: Gary Croucher OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Period Covered: Employee Number: 7011 10/01/22 To: 10/31/22 ITEM I 2 3 5 6 7 8 9 DATE MEET!NG 10/05/22 OWD Board Meeting I 0/11/22 Ad Hoc Legal Services Committee Meeting 10/17/22 CPRL&L Committee Meeting 10/25/22 CW A Matters Meeting Total Meeting Per Diem: ($158 per diem) $632 Total Mileage Claimed: PURPOSE / ISSUES MILEAGE MILEAGE DISCUSSED (Via Teleconference) HOMEtoOWD OTHER OWDtoHOME LOCATIONS Monthly Board Meeting -- Meeting to discuss Legal Counsel's contract and services -- Meeting to review/discuss agenda items for the November 2, 2022, board meeting -- Met with President Smith and GM Martinez to discuss CW A matters -- miles (Director's Signature) GM Receipt: _____,-__ Date: _________ _ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____ _ OT A Y WATER DISTRICT BOARD OF DlRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered: Employee Number: 1896 10-1-22 To: 10-30-22 ITEM I 2 3 4 5 6 7 DATE MEETING I 0-5-22 OWD Regular Board Meeting 10-9-22 CSDA Course I 0-15-22 CSDA Course 10-18-22 EO&WR Regular Committee Meeting 10-24-22 CSDA Course 10-26-22 OWD Special Event 10-29-22 CSDA Course Total Meeting Per Diem: ($158 per meeting) $948 Total Mileage Claimed: 0 PURPOSE / ISSUES MILEAGE MILEAGE DISCUSSED HOMEtoOWD OTHER OWDtoHOME LOCATIONS Monthly Board Meeting -- The ABC's ofSDLF -- How and Why Special Districts need to be -- involved in Local Agency Formation Commissions Monthly Board Meeting -- General Manager Evaluations -- 2022 Employee Appreciation Luncheon -- (No Charge) Developing a Groundwater Sustainability -- Plan Miles 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: Mark Robak Employee Number 7014 From: ITEM DATE 1 I 0/4/2022 2 I 0/5/2022 3 10/7/2022 4 10/7/2022 5 I 0/19/2022 6 I 0/19/2022 7 I 0/19/2022 8 I 0/23/2022 9 I 0/24/2022 10 10/25/2022 11 10/26/2022 12 I 0/27/2022 Total Meeting Per Diem: (S158 PER ,VIEETl!'<G) Total Mileage Claimed: GM Receipt: MEETING PURPOSE / ISSUES East County Chamber of Government Affairs & Infrastructure Committee Commerce Olay Water Districf Board Meeting East County Chamber of First Friday Breakfast at Cuyamaca College - Commerce NO CHARGE San Diego Taxpayers Chula Vista Mayors Forum Association East County EDC Monthly Discussion of regional economic matters -NO Meeting CHARGE Otay Finance & Discussed District finance and administration Administration Committee items San Diego Regional Chamber Binational Delegation to Mexico City pre-trip of Commerce orientation -NO CHARGE San Diego Regional Chamber Binational Delegation to Mexico City ofCom111erce San Diego Regional Chamber Binational Delegation to Mexico City of Commerce San Diego Regional Chamber Binational Delegation to Mexico City of Commerce San Diego Regional Chamber Binational Delegation to Mexico City ofC0111merce Southern California Water Annual Meeting and Dinner at Long Beach Committee Hilton $ 1,422 Director Signature 348 Miles � Date FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ ____ _ Period Covered I 0/1/2022 10/31/2022 �IILEAGE 11O�1E MILEAGE TO OWi) own TO OTIIER IIOME LOCATIONS 0 0 7 0 0 0 0 40 0 0 0 0 0 0 0 26 0 0 0 0 0 24 0 251 7 341