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Home My WebLink About09-06-23 Board Miniutes1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY September 6, 2023 1.The meeting was called to order by President Robak at 3:34 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 Smith, 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.APPROVAL OF THE MINUTES OF THE SPECIAL BOARD MEETING OF JUNE 14, 2023 AND REGULAR BOARD MEETING OF JULY 5, 2023 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 AGENDA ITEM 5 2 to approve the minutes of the special board meeting of June 14, 2023, and regular board meeting of July 5, 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 Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve the following consent calendar items: a) AWARD TWO (2) PROFESSIONAL SERVICE AGREEMENTS FOR AS- NEEDED GEOTECHNICAL ENGINEERING CONSULTING SERVICES AND TO AUTHORIZE THE GENERAL MANAGER TO EXECUTE TWO AGREEMENTS WITH LEIGHTON CONSULTING, INC. AND NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, INC. EACH IN AN AMOUNT NOT-TO-EXCEED $175,000. THE TOTAL AMOUNT OF THE TWO (2) CONTRACTS WILL NOT EXCEED $175,000 DURING FISCAL YEARS 2024, 2025, AND 2026 (ENDING JUNE 30, 2026) b) ADOPT RESOLUTION NO. 4436 TO UPDATE THE DISTRICT’S CODE OF ORDINANCES’ BOARD POLICY NO. 13, USE OF DISTRICT BOARD ROOM/MEETING ROOM c) AWARD A CONTRACT TO TYLER TECHNOLOGIES, INC. TO UPGRADE THE DISTRICT’S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM IN AN AMOUNT NOT-TO-EXCEED $2,092,345.00 ACTION ITEMS 8. BOARD a) RECEIVE AND DIRECT STAFF WITH A RECOMMENDATION FOR THE ACWA 2023 REGIONAL 10 BALLOT 3 A motion was made by Director Smith, 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 nominate the following individuals for the ACWA 2023 Regional 10 board: o Dana Friehauf, Chair o Charles T. Gibson, Vice Chair o Jose Martinez, Board Member (San Diego County) o Manny Delgado, Board Member (San Diego County) o George Murdoch, Board Member (Orange County) o Deborah Neev, Board Member (Orange County) b) DISCUSS THE 2023 BOARD MEETING CALENDAR Director Smith indicated that he would not be able to make the November 1 board meeting and asked if it could be moved to November 8. 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 move the November 1 meeting to November 8, 2023. General Manager Jose Martinez indicated that the December board meeting will be dark. However, there will be committee meetings either the first or second week of December. There were no other changes to the board calendar. U INFORMATIONAL ITEM 9. ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM a) FOURTH QUARTER FISCAL YEAR 2023 CAPITAL IMPROVEMENT PROGRAM REPORT Engineering Manager Kevin Cameron provided a PowerPoint presentation to the board and responded to their comments and questions. 4 REPORTS 10. GENERAL MANAGER REPORT Mr. Martinez provided his GM Report to the board and discussed the Excellence in Procurement Award 2023 and State Water Resources Control Board Honorable Mention Award. He noted that the District’s early application submittal earned recognition for the Laboratory from the State as “Early The NELAC Institute (TNI) Adopters.” 11. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Smith shared that CWA’s Finance Committee discussed OPEB and Calpers matters and that he will report back to Otay Water District’s board with an update. He also provided an update on Direct Potable Reuse Regulations and CWA’s Annual Retreat on September 7, 2023. Director Croucher shared that CWA finalized the contract for the new General Manager Dan Denham. He also provided an update on the Colorado River solutions and CWA’s participation in the IRP Program. In addition, he commended Director Tim Smith and other MWD delegates for their role in improving the relationship between MWD and CWA. 12. DIRECTORS' REPORTS/REQUESTS Written reports from Directors Croucher, Keyes, Lopez and Smith were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. 13. PRESIDENT’S REPORT A written report from President Robak was submitted to District Secretary Ramos- Krogman and will be attached to the minutes for today’s meeting. 14. CLOSED SESSION The board recessed to closed session at 4:38 p.m. to discuss the following matters: a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to California Government Code §54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTE PARWAY CHULAVISTA, CA 91914 Agency negotiator: General Counsel Under negotiation: Disposition of Property 5 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 RETURN 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 6:06 p.m. and General Counsel Dan Shinoff reported that no reportable actions were taken in closed session. U UUOTAY WATER DISTRICT FINANCING AUTHORITY 16. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 17. ADJOURNMENT With no further business to come before the Board, President Robak adjourned the meeting at 6:06 p.m. President ATTEST: District Secretary Mark Robak 7014 From:8/1/2023 8/31/2023 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 8/2/2023 Lunch with Neal Meyers Lunch to discuss water issues in region - NO CHARGE 0 0 2 8/2/2023 Otay Water District Board Meeting 7 0 3 8/4/2023 East County Chamber of Commerce First Friday Breakfast at Sycuan - NO CHARGE 0 0 4 8/9/2023 Water Conservation Garden Special JPA Board Meeting - NO CHARGE 0 0 5 8/11/2023 Otay Water District Committee Agenda Briefing - NO CHARGE 0 0 6 8/14/2023 Otay Water District Directors Quarterly Meeting - NO CHARGE 0 0 7 8/15/2023 San Diego Regional Chamber of Commerce Leadership Delegation to Sacramento 0 71 8 8/16/2023 San Diego Regional Chamber of Commerce Leadership Delegation to Sacramento 0 71 9 8/17/2023 CSDA Dinner Speaker on Artificial intelligence (AI) and Machine Learning (ML) - NO CHARGE 0 31 10 8/22/2023 Otay Water District Engineering, Operations, and Water Resources (EO&WR) Committee - NO CHARGE 7 0 11 8/23/2023 Urban Water Institute Annual Conference 0 44 12 8/24/2023 Urban Water Institute Annual Conference 0 44 13 8/25/2023 Urban Water Institute Annual Conference 0 44 14 8/27/2023 CSDA Annual Conference Special districts education and networking event - NO CHARGE 0 71 15 8/28/2023 CSDA Annual Conference Special districts education and networking event 0 0 16 8/29/2023 CSDA Annual Conference Special districts education and networking event 0 0 17 8/30/2023 CSDA Annual Conference Special districts education and networking event 0 0 18 8/31/2023 CSDA Annual Conference Special districts education and networking event 0 71 19 8/31/2023 Otay Water District Agenda Briefing - NO CHARGE 0 0 14 447 $ 1,650 461 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____________ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To:Period Covered Employee Number Total Mileage Claimed: Director Signature ($165 PER MEETING) Total Meeting Per Diem: 09/13/23 (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: Gary Croucher Period Covered: Employee Number: 7011 From: 08/11/23 To: 08/31/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 08/11/23 Otay Water District CEQA discussion with GM and General Counsel - - 2 08/15/23 Otay Water District Met with GM and Director Smith to discuss regional issues. - - 3 08/22/23 CWA Matters Meeting Met with Director Smith and GM Martinez to discuss CWA matters - - 4 08/23/23 East County Caucus Discuss East County issues with agencies and CWA - - 5 08/31/23 Otay Water District Ethics Training - - Total Meeting Per Diem: $825 ($165 per diem) Total Mileage Claimed: miles 1896 From:8/1/23---8/31/23 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 8/2/2023 OWD Bosrd Mtg Monthly Board Meeting 2 8/11/2023 GM Mtg Quarterly GM Mtg 3 8/16/2023 F&A Committee Mtg Monthly F&A Committee Mtg 4 8/19/2023 CSDA Class CA Voting Rights Act Challenges to At-Large Board Elections 5 8/28/2023 CSDA Annual Conference CSDA Annual Conference 6 8/29/2023 CSDA Annual Conference CSDA Annual Conference 7 8/30/2023 CSDA Annual Conference CSDA Annual Conference 8 8/31/2023 CSDA Annual Conference CSDA Annual Conference 9 10 $ 1,320.00 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered Employee Number Total Mileage Claimed: Director Signature ($165 PER MEETING) Total Meeting Per Diem: (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: Jose Lopez Period Covered: Employee Number: 7010 From: 08/01/23 To: 08/31/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 08/01/23 FLOW Friendship Latinos on Water Meeting 8 2 0/8/02/23 OWD Board Meeting Monthly Regular Board Meeting 19 3 08/15/23 San Diego Chamber of Commerce Sacramento Delegation Meeting 4 08/16/23 San Diego Chamber of Commerce Sacramento Delegation Meeting (NO CHARGE) 5 08/17/23 California Special Districts Association Quarterly Dinner Meeting 40 6 08/22/23 EO&WR Committee Meeting Monthly committee meeting to review and discuss items going to the September 2023 board meeting 19 7 08/23/23 Urban Water Institute (UWI) Attended UWI Conference 50 8 08/24/23 Urban Water Institute (UWI) Attended UWI Conference 50 9 08/25/23 Urban Water Institute (UWI) Attended UWI Conference 50 10 08/25/23 South County Economic Development Council Meeting with Mr. Padilla and Mr. Alvarez (NO CHARGE) 11 08/28/23 California Special Districts Association Attended Leadership Conference (NO CHARGE) 12 08/29/23 California Special Districts Association Attended Leadership Conference (NO CHARGE) 13 08/30/23 California Special Districts Association Attended Leadership Conference 14 08/31/23 California Special Districts Association Attended Leadership Conference 22 Total Meeting Per Diem: $1,650 ($165 per diem) Total Mileage Claimed: 258 miles Tim Smith 1845 From: 8/1/2023 to 8/31/2023 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 8/2/2023 OWD Board Meeting Monthly Board Meeting 26 0 2 8/9/2023 Qrtly. Otay Dir. Meeting Discuss Otay issues with GM 0 0 3 8/11/2023 SDCWA Matters - Legal Discuss SDCWA matters with GM and Dan Shinoff and Dir. Croucher 0 0 4 8/15/2023 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 5 8/16/2023 Finance & Admin Committee Mtg Discuss Finance & Administrative issues for next Board Mtg 26 0 6 8/22/2023 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 7 8/23/2023 East County Caucus Dicuss East County issues with agencies and CWA 0 44 8 8/23/2023 Salt Creek Ad-Hoc Discuss Update on Salk Creek land sale (NO CHARGE)0 0 9 8/24/2023 APWA Conference - Dinner Mtg Dicuss regional water issues at dinner meeting 0 40 10 11 52 84 $ 1,320.00 136 Miles GM Receipt: Pay To:Period Covered Employee Number Total Mileage Claimed: Director Signature ($165 PER MEETING) Total Meeting Per Diem: OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Date: __________