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Home My WebLink About05-03-23 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY May 3, 2023 1. The meeting was called to order by President Robak at 3:33 p.m. 2. ROLL CALL Directors Present: Croucher (Arrived at 3:54 p.m.), Keyes, Lopez, Robak and Smith Directors Absent: None Staff Present: General Manager Jose Martinez, General Counsel Dan Shinoff, Legal Counsel Jack Sleeth, 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 Smith, 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 MEETING OF MARCH 1, 2023 A motion was made by Director Smith, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher 2 to approve the minutes of the regular board meeting of March 1, 2023. 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 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 Smith, 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 following consent calendar items: a) AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AGREEMENTS FOR TERMS OF TWO-YEARS, PLUS THREE ONE-YEAR EXTENSION OPTIONS WITH INFOSEND TO PROVIDE BILL PRINT AND ELECTRONIC BILL PRESENTMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED $1,475,000 ($295,000 ANNUALLY, INCLUDES AVERAGE ANNUAL PASS- THROUGH POSTAGE COSTS OF $195,000); AND WITH i3 VERTICALS, LLC TO PROVIDE ONLINE PAYMENT TRANSACTION PROCESSING SERVICES ESTIMATED TO BE $3,100,000 (APPROXIMATELY $620,000 ANNUALLY, AMOUNT BASED ON 1% OF TOTAL PAYMENTS) b) ADOPT RESOLUTION NO. 4424 TO UPDATE THE DISTRICT’S CODE OF ORDINANCES’ BOARD POLICY NO. 34, STAFF TRAVEL AND BUSINESS- RELATED EXPENSES POLICY, AND BOARD POLICY NO. 46, MEDIA RELATIONS POLICY c) ADOPT RESOLUTION NO. 4427 TO AMEND POLICY NO. 25, RESERVE POLICY, OF THE DISTRICT’S CODE OF ORDINANCES d) RECEIVE THE DISTRICT’S INVESTMENT POLICY, POLICY NO. 27 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 3 ACTION ITEMS 8. BOARD a) ADOPT RESOLUTION NO. 4429, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT, CONGRATULATING VISTA IRRIGATION DISTRICT ON ITS 100TH ANNIVERSARY ON SEPTEMBER 11, 2023 A motion was made by Director Keyes, seconded by President Robak and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher to adopt Resolution No. 4429 congratulating Vista Irrigation District on its 100th anniversary on September 11, 2023. b) ADOPT RESOLUTION NO. 4430, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT, CONGRATULATING SANTA FE IRRIGATION DISTRICT ON ITS 100TH ANNIVERSARY ON JUNE 21, 2023 A motion was made by Director Lopez, seconded by President Robak and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: Director Croucher to adopt Resolution No. 4430 congratulating Santa Fe Irrigation District on its 100th Anniversary on June 21, 2023. c) ADOPT RESOLUTION NO. 4428, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT, PLACING IN NOMINATION JOSE MARTINEZ AS A MEMBER OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES REGION 10 BOARD MEMBER A motion was made by President 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 4 to adopt Resolution No. 4428 nominating General Manager Jose Martinez as a member of the Association of California Water Agencies Region 10 board member. d) DISCUSS THE 2023 BOARD MEETING CALENDAR (RAMOS-KROGMAN) In response to a question from Director Lopez, General Manager Martinez indicated that the District will be open on Monday, July 3rd, closed on July 4th for the holiday, and re-open on July 5th. There were no changes to the board calendar. UREPORTS 9. GENERAL MANAGER REPORT General Manager Jose Martinez shared that on April 3, 2023, he attended the CA- Nevada AWWA Spring Conference as a speaker to provide an update of the Veteran’s Workforce initiatives. Mr. Martinez provided his GM Report to the board and discussed training provided by the Safety and Security department and indicated that the Utility Maintenance staff attended the Rescue Vac Training. He shared that on April 12th, Operations staff coordinate with Sweetwater Authority staff for a portable pump test at the E. Oxford interconnection. Systems Operations Manager Jake Vaclavek responded to questions from President Robak regarding the coordination. Also discussed were potable and recycled water purchases that were impacted by the weather. Director Croucher arrived at 3:54 p.m. 10. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Smith shared that CWA discussed factors that are impacting its proposed budget, which included Water Conservation Garden contributions, Carlsbad Desalination Plant, SDG&E increase, water sales, and other factors. He also discussed MWD’s operating statement and impacts and concerns with its proposed budget. Director Croucher shared that General Manager Sandy Kerl will be retiring from CWA at the end of June 2023 and indicated that Mr. Dan Denham will be the Interim General Manager. CWA’s chairperson will form a committee who will interview individuals for the general manager position, which Director Croucher has been asked to sit on the committee to be a part of the interview panel. He discussed concerns regarding the LAFCO detachment and shared that affected agencies in San Diego were encouraged to submit a letter of concern to LAFCO by May 22, 2023, prior to their June 5, 2023 meeting where the commissioners will consider the detachment. 5 11. DIRECTORS' REPORTS/REQUESTS Director Smith encouraged staff to meet with city of Chula Vista’s new Mayor John McCann to discuss water matters, which he believes meetings with the city were held in the past. Director Lopez provided more information on these meetings whereas Otay previously formed a task force to meet with city of Chula Vista staff to network and discuss water matters. Director Croucher shared that at a LAFCO meeting, there was a discussion to change its voting process by redefining “majority vote” to a “majority present vote.” Written reports from Directors Keyes, Lopez and Smith were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. 12. PRESIDENT’S REPORT President Robak provided an update with meetings he had with local congressional delegation at the ACWA Mission to Washington D.C. Conference. He also provided information on the Spring Garden Festival on May 6, 2023, from 9 a.m. to 3 p.m. and encouraged board members and staff to attend. A written report from President Robak was submitted to District Secretary Ramos- Krogman and will be attached to the minutes for today’s meeting. U 13. UCLOSED SESSION The board recessed to closed session at 4:26 p.m. to discuss the following matters: a) 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 b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [GOVERNMENT CODE §54956.9] MARK COZIAHR, ET AL. vs. OTAY WATER DISTRICT, CASE NO. 37-2015- 000-CU-MC-CTL c) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (§54956.9(b)) ONE MATTER: SCHEUSTER ET AL. vs. OTAY WATER DISTRICT 6 URETURN TO OPEN SESSION 14. 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 5:41 p.m. and Legal Counsel Jack Sleeth reported that no reportable actions were taken in closed session. General Counsel Dan Shinoff left at 5:28 p.m. UUOTAY WATER DISTRICT FINANCING AUTHORITY 15. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 16. ADJOURNMENT With no further business to come before the Board, President Robak adjourned the meeting at 5:41 p.m. President ATTEST: District Secretary