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Home My WebLink About05-13-26 Board Meeting Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY May 13, 2026 The meeting was called to order by President Rivera at 3:32 p.m. 1. ROLL CALL Directors Present: Rivera, Robak, Gonzalez, Croucher, and Lopez Directors Absent: None Staff Present: General Manager, Jose Martinez; General Counsel, Dan Shinoff; Chief Financial Officer, Joe Beachem; Chief of Administrative Services, Kevin Koeppen; Engineering Manager, Michael Long; Chief of Operations, Andrew Jackson; and District Secretary, Jenny Diaz. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA President Rivera indicated that Board action was required to approve the remote attendance of Director Croucher. A motion to approve the remote attendance of Director Croucher was made by Director Gonzalez, seconded by Director Lopez, and carried with the following vote: Ayes: Directors Rivera, Robak, Gonzalez, and Lopez Noes: None Abstain: Director Croucher Absent: None A motion to approve the agenda was made by Director Gonzalez, seconded by Director Lopez, and carried with the following vote: Ayes: Directors Rivera, Robak, Gonzalez, Croucher, and Lopez Noes: None Abstain: None Absent: None 4. APPROVAL OF THE MINUTES OF THE REGULAR BOARD MEETING OF APRIL 1, 2026, AND THE SPECIAL BOARD MEETING OF APRIL 20, 2026 2 A motion to approve the minutes of the regular board meeting of April 1, 2026, and the special board meeting of April 20, 2026, was made by Director Lopez, seconded by Director Gonzalez, and carried with the following vote: Ayes: Directors Rivera, Robak, Gonzalez, Croucher, and Lopez Noes: None Abstain: None Absent: None 5. 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 President Rivera opened the floor for public participation on any subject matter within the board’s jurisdiction. At this time, there were no requests to speak from virtual attendees or from anyone present in the Board room. CONSENT ITEMS 6. 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: The Directors indicated they had no comments and did not wish to pull any items for discussion. A motion to approve the following consent calendar items was made by Director Croucher, seconded by Director Gonzalez, and carried with the following vote: Ayes: Directors Rivera, Robak, Gonzalez, Croucher, and Lopez Noes: None Abstain: None Absent: None a) AWARD TWO (2) ON-CALL SERVICE AGREEMENTS AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE TWO (2) AGREEMENTS FOR ON-CALL SUPPLEMENTAL WATER/SEWER/RECYCLED GENERAL INFRASTRUCTURE MAINTENANCE AND REPAIR SERVICES WITH FILANC AND HPS MECHANICAL, INC., EACH IN AN AMOUNT NOT-TO-EXCEED $1,000,000 FOR FISCAL YEAR 2027, WITH FOUR (4) ONE-YEAR OPTIONS TO RENEW AT THE DISCRECTION OF THE GENERAL MANAGER (ZAC THORNTON) b) AWARD A CONSTRUCTION CONTRACT TO JENNETTE COMPANY, INC. (JENNETTE) AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH JENNETTE FOR THE VISTA DIEGO HYDROPNEUMATIC PUMP STATION IMPROVEMENTS – PHASE I IN AN AMOUNT NOT-TO- EXCEED $389,900 (JEFF MARCHIORO) 3 c) APPROVAL OF CHANGE ORDER NO. 1 IN AN AMOUNT NOT-TO-EXCEED $96,031 TO EXISTING PURCHASE ORDER (PO) NO. 20250128 WITH BRAX COMPANY, INC. TO REPLACE RATHER THAN REBUILD PUMP STATION #1 AT THE 980-1 PUMP STATION, FOR A REVISED TOTAL PO AMOUNT OF $166,021 (JEFF MARCHIORO) d) AUTHORIZE THE GENERAL MANAGER TO ENTER INTO A FIVE-YEAR SEWER BILLING SERVICES AGREEMENT WITH THE CITY OF CHULA VISTA AND TO EXECUTE, AT HIS DISCRETION, ONE (1) ADDITIONAL FIVE-YEAR EXTENSION (JON RAVAGLIOLI) e) RECEIVE THE DISTRICT’S INVESTMENT POLICY OF THE DISTRICT’S CODE OF ORDINANCES FOR REVIEW AND RE-DELEGATE AUTHORITY FOR ALL INVESTMENT-RELATED ACTIVITIES TO THE CHIEF FINANCIAL OFFICER, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53607 (JON RAVAGLIOLI) Following the vote on the consent items, one member of the public, identified only as Robert, requested to address the Board virtually. Robert reminded Board members participating remotely to remain visible on camera during meetings. He also expressed appreciation for the Zoom option, while emphasizing the public’s interest in transparency and requesting clearer instructions for public participation. General Manager Martinez indicated that the Zoom option for public participation has been available since the onset of COVID, along with a live-streaming feature. He further noted that the live stream experiences a slight delay, and that the District has transitioned fully to Zoom to provide additional accommodations and allow the public to more easily participate in meeting discussions in real time. Addressing the comment regarding video participation for Board Members attending remotely, General Counsel Shinoff stated that two-way video capability is consistent with Brown Act requirements. However, he noted that the District is managing a unique circumstance involving accommodations governed by state and federal law. There were no other requests to speak from virtual attendees or from anyone present in the Board room. ACTION ITEMS 7. BOARD a) DISCUSS THE 2026 BOARD MEETING CALENDAR (JENNY DIAZ) District Secretary, Jenny Diaz, notified the Board that this month there would be no Finance & Administration Committee meeting and reminded them of the Engineering, Operations, and Water Resources Committee meeting, which will be held on Tuesday, May 19, 2026, at 12:00 pm. No other changes were noted or made to the Board meeting calendar. 4 Director Lopez noted that he would be out of the country beginning May 21 through June 2 and would be present for the June Board meeting. INFORMATIONAL ITEMS: 8. THE FOLLOWING ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS: a) UPDATE ON THE DISTRICT-WIDE METER CHANGEOUT PROJECT (ANDREA CAREY) Finance Manager, Andrea Carey, provided the staff report and presentation and responded to Board members’ questions and comments. Director Lopez reminded staff of the recommendation to ensure accessibility to Spanish-language materials and to consider adding other languages based on community demographics. Ms. Carey responded that staff would continue working to ensure information is accessible to all customers. b) FISCAL YEAR 2026 MID-YEAR UPDATE FOR THE DISTRICT’S FISCAL YEAR 2023-2026 STRATEGIC PLAN (MICHAEL KERR) Director Croucher indicated that he reviewed this item with General Manager Martinez. Director Gonzalez requested that IT Manager, Michael Kerr, give the PowerPoint presentation. Mr. Kerr moved forward with presenting and responded to Board members’ questions and comments. REPORTS 9. GENERAL MANAGER’S REPORT General Manager Martinez reported that for the 22nd consecutive year, the Government Finance Officers Association awarded the District with the prestigious Certificate of Achievement for Excellence in Financial Reporting for its Annual Comprehensive Financial Report for the fiscal year ended June 30, 2025. 10. SAN DIEGO COUNTY WATER AUTHORITY UPDATES President Rivera and Director Robak provided updates on CWA events and matters discussed at its April 23, 2026, board meeting. 11. METRO WASTEWATER JOINT POWERS AUTHORITY UPDATES President Rivera noted that Director Robak was not present at the May 7 meeting due to his attendance at the ACWA Spring Conference. However, staff who attended the meeting provided the Board with updates, reporting that all agenda items were 5 approved unanimously and that there were two closed session items with no reportable action. President Rivera then summarized the meeting’s agenda items. 12. PRESIDENT’S REPORT/REQUESTS President Rivera reported on his monthly events. His written report will be submitted to the District Secretary and will be attached to the minutes of today’s meeting. 13. DIRECTORS’ REPORTS/REQUESTS The Directors reported on their monthly events. Written reports will be submitted to the District Secretary and will be attached to the minutes of today’s meeting. Director Croucher raised the topic of the water transfer agreement between CWA and Eastern Municipal Water District and inquired whether any water had already been transferred or whether the District would receive updates regarding when transfers would begin. President Rivera responded that no water transfers had occurred as of today but anticipated that this would change later in the year and stated that updates would be provided as the process moved forward. President Rivera stated that he had asked Director Gonzalez to provide a presentation on her monthly events. He also commended Director Gonzalez, noting that although she had not previously been involved in the water industry to the same extent as the other Directors, she had adapted quickly and had been proactive in asking questions to better understand District operations. He added that he has encouraged her to become more familiar with the technical aspects of the industry and to take advantage of available workshops and training opportunities. Director Gonzalez thanked President Rivera and then proceeded with her presentation on her monthly events. A copy of her presentation will be attached to the minutes of today’s meeting. UUREC UU RECESS TO CLOSED SESSION 14. CLOSED SESSION The board recessed to closed session at 4:40 p.m. to discuss the following matters: a) EVALUATION OF GENERAL COUNSEL PURSUANT TO GOVERNMENT CODE §54954.5 b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION [GOVERNMENT CODE §54957.6] TITLE: GENERAL MANAGER Director Report of April & May Ray Stoyer Water Recycling Facility Decommisoning Latinas in Water Group of women encouraging and supporting each other throughout the state of California Flow Event Fellowship of Latinos in water held at Cuyamaca Water Conservation Garden Attended Albondigas San Diego with Director Robak San Diego Regional Chamber of Commerce SCEDC Economic Summit 2026 Conservation Garden Spring Festival 2026 & Spring Valley Day SUMMARY OF SPECIAL BOARD OF DIRECTORS’ MEETING APRIL 9, 2026 1. Exchange Water Delivery Agreement with Eastern Municipal Water District. The Board ratified an Exchange Water Delivery Agreement Between the San Diego County Water Authority and Eastern Municipal Water District. SUMMARY OF FORMAL BOARD OF DIRECTORS’ MEETING APRIL 23, 2026 1. Monthly Treasurer’s Report on Investments and Cash Flow. The Board noted and filed the monthly Treasurer’s Report 2. Approve Assignment of San Diego County Water Authority’s Semitropic Groundwater Banking Rights and Sale of 7,717 acre-feet of banked water. The Board authorized the General Manager to execute agreements establishing the right for Westside Agriculture, LLC (Westside) to receive assignment of 100% of the Water Authority’s recharge, recovery, and storage capacity in the Semitropic Water Bank (SWB) and for the sale of 7,717 acre-feet of banked water. 3. Adopt positions on various bills. The Board took the following actions: • Adopted a position of Support on S. 3737, the GROW SMART Act (Padilla). • Adopted a position of Support on S. 3738, the MORE WATER Act (Padilla). • Adopted a position of Support on AB 1893, Wildfire prevention: local assistance grant program: eligible activities (Gallagher). • Adopted a position of Support on AB 2739, Community Water Affordability and System Stabilization Act of 2026 (Soria). • Adopted a position of Support on SB 1313, Public water systems: grants and loans: perfluoroalkyl and polyfluoroalkyl substances (McNerney). 4. Adopt position on Senate Bill 872. The Board adopted a position of Support on SB 872 (McNerney), Delta Levees and Canal Subsidence Fund. 5. Adopt position on Assembly Bill 2215. The Board adopted a position of Support on AB 2215 (Calderon), Water rights: permits: State Water Project. 6. Construction contract with James W. Fowler Co. for the Pipeline 5 Relining Oceanside 5 Flow Control Facility to Huckleberry Lane project. The Board took the following actions: A. Rejected J.F. Shea Construction bid protest; and B. Awarded a construction contract to James W. Fowler Co. in the amount of $30,472,539.85 for the Pipeline 5 Relining Oceanside 5 Flow Control Facility to Huckleberry Lane project. 7. Approval of Minutes. The Board approved the minutes of the Formal Board of Directors’ meeting of March 19, 2026 and Special Board of Directors’ meeting of April 9, 2026. BOARD OF DIRECTORS MEETINGS ATTENDED FORM Submitted by the District Secretary on behalf of the Board Director Pay To: Francisco X Rivera Period Covered: 04/01/2026 to 04/30/2026 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED 1 04/01/26 Other - No Charge Board meeting final prep and Metro JPA meeting 2 04/01/26 OWD Regular Board Meeting Legislative Program, amending Policies 8 and 29, Professional Services Study, FY27-30 Strat Plan, Board calendar and reports 3 04/02/26 OWD Business Meeting Status of Ad Hoc Committees and other OWD business 4 04/03/26 OWD Business Meeting OWD org chart with GM and Legal Counsel 5 04/09/26 Other - No Charge Meeting with SCEDC elected officials held at Sammy's Restaurant in IB 6 04/15/26 Other - No Charge Employee Appreciation Luncheon 7 04/17/26 OWD Committee Meeting EO&WR & F&A Committees Agenda Briefing 8 04/18/26 Other - No Charge OWD Booth at Earth Day event 9 04/20/26 OWD Special Board Meeting Proposed FY27 Budget, AB2561, and closed session items 10 04/22/26 OWD Business Meeting East/South SDCWA Caucus Meeting 11 04/22/26 Other - No Charge EO&WR Committee Meeting 12 04/24/26 OWD Business Meeting Panelist: "Shaping San Diego's Water Future" 13 04/28/26 OWD Business Meeting SDCWA Matters 14 04/29/26 OWD Business Meeting Women in Water Luncheon/Site Tour (Perdue Water Treatment Plant) BOARD OF DIRECTORS MEETINGS ATTENDED FORM Pay To: Jose Lopez Period Covered: 04/01/2026 to 04/30/2026 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED 1 04/09/26 Water Conservation Garden FLOW 2 04/15/26 OWD Official Function Per diem Demo 3 04/15/26 OWD Sponsored Event OWD Employee Luncheon -NO CHARGE 4 04/20/26 OWD Special Board Meeting Budget Workshop 5 04/23/26 OWD Committee Meeting Finance/Admin Committee 6 04/24/26 OWD Sponsored Event Albondigas - Water Panel - Frank Rivera 7 04/28/26 Water Conservation Garden Regular monthly meeting 8 04/29/26 OWD Sponsored Event Women in Water - SWeetwater Authority