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Home My WebLink About11-03-21 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY November 3, 2021 1. The meeting was called to order by President Smith at 3:34 p.m. 2. ROLL CALL Directors Present: Croucher, Keyes, Lopez, Robak and Smith 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 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 OCTOBER 6, 2021 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 minutes of the regular board meeting of October 6, 2021. 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. UCONSENT 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 Lopez, seconded by Director Robak 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) APPROVE THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE COTTONWOOD SEWER LIFT STATION REPLACEMENT PROJECT (S2069) b) AWARD A CONSTRUCTION CONTRACT TO ADVANCED INDUSTRIAL SERVICES, INC. FOR THE 458-1 RESERVOIR INTERIOR/EXTERIOR COATING & UPGRADES PROJECT (P2593) IN AN AMOUNT NOT-TO- EXCEED $774,169.00 c) AUTHORIZE THE PURCHASE OF (6) SIX FLEET VEHICLES WITH A TOTAL COST OF $203,443.97 d) AUTHORIZE A TWO-YEAR FIXED AGREEMENT AND (3) THREE ONE- YEAR OPTIONS WITH NATURESCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT-TO- EXCEED $617,724.00 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 3 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 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 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 2021 BOARD MEETING CALENDAR President Smith indicated that there will be no board meeting in December 2021 unless the board decides to extend remote teleconference board meetings, including committee meetings, for another 30 days. 9. FINANCE AND ADMINISTRATION a) AUTHORIZE A TWO-YEAR FIXED AGREEMENT, PLUS (3) THREE ONE- YEAR OPTIONS WITH AZTEC JANITORIAL SERVICES, FOR JANITORIAL SERVICES IN AN AMOUNT NOT-TO-EXCEED $525,181.20 Purchasing and Facilities Manager Kent Payne provided the staff report to the board and responded to their questions. Director Robak noted that at the October 20, 2021, Finance and Administration Committee meeting, staff indicated that the incumbent contract holder T&T Janitorial, Inc. did not meet the District’s expectations for janitorial services. In response to a question from Director Croucher, staff stated that they documented performance issues with T&T Janitorial, Inc. Staff responded to additional questions from the board. A motion was made by Director Croucher, seconded by Director Lopez, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None 4 Abstain: None Absent: None to approve staff’s recommendation. b) ADOPT RESOLUTION NO. 4402 REQUIRED FOR A GRANT FUNDING APPLICATION SUBMITTED TO THE UNITED STATES BUREAU OF RECLAMATION’S WATERSMART: WATER AND ENERGY EFFICIENCY GRANT FUNDING PROGRAM FOR FISCAL YEAR 2022 Customer Service Manager Andrea Carey, and Environmental Compliance Specialist Lisa Coburn-Boyd, provided the staff report to the board and responded to their questions. 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 approve staff’s recommendation. c) APPROVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 Senior Accountant Marissa Dychitan provided the staff report to the board and responded to their questions. Mr. Joshua Calhoun of Teaman Ramirez & Smith, Inc. provided a PowerPoint Presentation to the board which included a review of the audit process and results of the audit. Director Robak stated that the audit was pretty much straight forward and that the auditors indicated that there were no management comments for fiscal year ended June 30, 2021. Staff responded to additional questions from the board. 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 approve staff’s recommendation. 5 UREPORTS 10. GENERAL MANAGER’S REPORT General Manager Martinez presented information from his report that included the District’s response to the COVID-19 pandemic, District’s 65th Anniversary, and Employee Appreciation Meeting. 11. SAN DIEGO COUNTY WATER AUTHORITY UPDATE President Smith indicated that CWA adopted a resolution to Activate Level 1 of its Water Shortage Contingency Plan and also adopted a position to support various assembly bills relating to low-income water customer assistant programs. He also shared information on MWD’s budget reserves, which may be used to reduce rates and pre-fund CalPERS. Director Croucher provided an update on CWA’s refund to Otay Water District, MWD matters, and LAFCO’s Rainbow-Fallbrook Reorganization. He also provided an update on CWA’s general counsel recruitment. 12. 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. 13. PRESIDENT’S REPORT President Smith indicated that he began his new role as Chair of the Council of Water Utilities on October 19, 2021. President Smith appointed himself (Chair) and Director Croucher to the Recycled Water Agreement Ad-Hoc Committee, and he appointed Directors Robak (Chair) and Lopez to the Redistricting Ad-Hoc Committee. He indicated that the redistricting of the District must be completed by April 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. URECESS TO CLOSED SESSION 14. CLOSED SESSION The board recessed to closed session at 4:51 p.m. to discuss the following matters: a) DISCUSSION RELATING TO CORONAVIRUS (COVID-19) AND PUBLIC SERVICES [GOVERNMENT CODE §54957] 6 b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTE PARKWAY CHULA VISTA, CA 91914 Agency negotiator: General Counsel Under negotiation: Disposition of Property c) 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 d) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERN-MENT CODE §54956.9] MARK COZIAHR, ET AL. vs. OTAY WATE DISTRICT, CASE NO. 37-2015- 00400000-CU-MC-CTL e) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§54956.9) NAME OF CLAIMANT: THARSOS, INC. f) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§54956.9) NAME OF CLAIMANT: WEIR CONSTRUCTION URETURN TO OPEN SESSION 15. 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 approximately 5:38 p.m. and General Counsel Dan Shinoff reported that the board took no reportable actions in closed session. UOTAY WATER DISTRICT FINANCING AUTHORITY 16. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 7 17. ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 5:39 p.m. President ATTEST: District Secretary