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Home My WebLink About10-04-23 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY October 4, 2023 1. The meeting was called to order by President Robak at 3:34 p.m. 2. ROLL CALL Directors Present: Croucher (Remote), Keyes, Lopez, Robak and Smith General Counsel Dan Shinoff indicated that Director Croucher requested to remotely attend the meeting as he is attending to a significant family issue. In response to questions from General Counsel Shinoff, Director Croucher provided the address where he is currently located, stated that he posted the agenda outside his location within 72 hours prior to the meeting, and that his parents Walter and Ann Stevenson were in the room with him. A motion was made by Director Smith, seconded by Director Robak, and carried with the following vote: Ayes: Directors Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve Director Croucher to attend the meeting remotely/virtually. 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 Smith, seconded by Director Keyes, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith 2 Noes: None Abstain: None Absent: None to approve the agenda. 5. WELCOMING OF THE NEW SAN DIEGO COUNTY WATER AUTHORITY GENERAL MANAGER DAN DENHAM Mr. Dan Denham, General Manager of the San Diego County Water Authority (SDCWA), provided a PowerPoint Presentation to the board. He shared his 18-year history at SDCWA and provided a history of the agency, its projects and future plans. An update on LAFCO and SDCWA matters was also provided to the board. Director Smith stated that Otay Water District and other agencies are seeking fixed costs and more diversity in water resources from SDCWA. He also discussed financial impacts to special districts and other agencies within San Diego County boundaries due to LAFCO’s approval of the Rainbow Municipal Water and Fallbrook Public Utility Districts’ Detachment proposal. Mr. Denham responded to additional comments and questions from the board. President Robak shared that there will be a Politifest Event on October 6 and 7 and noted that Mr. Denham will be on the QSA Panel to discuss water matters. 6. APPROVAL OF THE MINUTES OF THE REGULAR BOARD MEETINGS OF AUGUST 2, 2023 AND SEPTEMBER 6, 2023. 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 minutes of the regular board meetings of August 2, 2023 and September 6, 2023. 7. 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 Mr. Larry Olds addressed the board and discussed his concerns about how water is being distributed in the northern region of California, wasting water, and the financial impacts to customers. 3 CONSENT ITEM 8. 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 item: a) APPROVE CHANGE ORDER NO. 2 TO THE EXISTING CONTRACT WITH CCL CONTRACTING, INC. IN AN AMOUNT OF $62,366.00 FOR THE CONSTRUCTION OF THE PASO DE LUZ/TELEGRAPH CANYON (CIP P2612) AND VISTA GRANDE/VISTA SIERRA (CIP P2616) WATERLINE REPLACEMENT PROJECT ACTION ITEMS 9. BOARD a) DISCUSS THE 2023 BOARD MEETING CALENDAR General Manager Jose Martinez reminded the board that the next regular board meeting will be held on November 8. President Robak stated that he will not be at the November 8 board meeting and that Director Lopez will preside the meeting. INFORMATIONAL ITEM 10. ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS a) ANNUAL DIRECTORS’ EXPENSE REPORT FOR FISCAL YEAR 2023 The board waived the presentation as Director Smith stated that it was noted at the September Finance and Administrative Committee that the annual directors’ expense report for fiscal year 2023 was under budget. b) FISCAL YEAR 2023 YEAR-END REPORT OF THE DISTRICT’S FISCAL YEARS 2023-2026 STRATEGIC PLAN 4 The board waived the presentation and President Robak thanked Information Technology Manager Michael Kerr and his staff for their efforts to gather information to provide the District’s Strategic Plan updates. REPORTS 11. GENERAL MANAGER REPORT Mr. Martinez shared that the district hosted a tour of its Mexico interconnection near the US/Mexico border for the U.S. Bureau of Reclamation’s Planning Conference and noted that there was also a tour of the Sweetwater Authority’s Reynolds Groundwater Desalination Facility. He also discussed written compliments from customers who were thankful to meter readers and the Customer Services Department. In response to a question from Director Smith, Chief Financial Officer Joe Beachem stated that July water sales were low due to cooler temperatures and water conservation that month. Director Smith directed staff to continue monitoring impacts to water sales. 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Croucher shared that CWA will host a workshop in November 2023 and January 2024. He stated that the workshops are essential as there are approximately 14 new board members on CWA. Director Smith reported that CWA’s Controller’s Report indicated that water sales were down by 15% and Metropolitan’s water sales were down by 14% due to the wet weather conditions in fiscal year 2022-2023. He also discussed the expectation of a conservation percentage in time, which experts provided an estimate of 3% by the year 2035. Lastly, he shared Metropolitan’s Climate Adaptation Master Plan (CAMP) for water process that relates to CWA in terms of projects worth $27 billion dollars. Director Smith responded to questions and comments from President Robak. 13. DIRECTORS' REPORTS/REQUESTS Written reports from Directors Croucher, Keyes and Smith were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. Director Smith reported that he and Director Keyes met with Otay Water District’s finance staff to discuss the Reserve Policy and OPEB information. 14. PRESIDENT’S REPORT President Robak and General Manager Martinez discussed the state’s water conservation rules and regulations. A written report from President Robak was submitted to District Secretary Ramos- Krogman and will be attached to the minutes for today’s meeting. 5 15. CLOSED SESSION The board recessed to closed session at 5:06 p.m. to discuss the following matters: a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [GOVERNMENT CODE §54956.9] NAME OF CLAIMANT: Mater Dei High School b) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GOVERNMENT CODE 54956.9(d)(2) – 1 ITEM 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 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 5:44 p.m. and General Counsel Dan Shinoff reported that the board voted 5-0 on Agenda Item 14a to reject the claim from Mater Dei High School. No other reportable actions were taken in closed session. 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 Robak adjourned the meeting at 5:44 p.m. President ATTEST: District Secretary Mark Robak 7014 From:9/1/2023 9/30/2023 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 9/6/2023 Otay Water District Board Meeting 7 0 2 9/8/2023 East County Chamber of Commerce First Friday Breakfast at Foohills Church - NO CHARGE 0 0 3 9/9/2023 Vista Irrigation District 100th Anniversary Event 0 88 4 9/14/2023 Meeting with Steve Castenada Discuss Water Conservation Garden - NO CHARGE 0 0 5 9/14/2023 Otay Water District Committee Agenda Briefing 0 0 6 9/15/2023 LAFCO Special Districts Advisory Board Discuss various matters effecting special districts 0 34 7 9/19/2023 Otay Water District Engineering, Operations, and Water Resources (EO&WR) Committee 7 0 8 9/26/2023 Chula Vista State of the City Address The Mayor discussed issues affecting the City 0 40 9 9/27/2023 San Diego Regional Chamber of Commerce Circle of Influence Reception - NO CHARGE 0 0 10 9/29/2023 Otay Water District Agenda Briefing 0 0 11 9/30/2023 Water Conservation Garden Perennial Party - Fundraiser for the Garden - NO CHARGE 0 0 14 162 $ 1,155 176 Miles GM Receipt: Date: ___________________ FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ _____________ 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 (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: 09/01/23 To: 09/30/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 09/05/23 Director’s Quarterly Board Meeting Met with General Manager Martinez to discuss district matters - - 2 09/06/23 Otay Water District Monthly Regular Board Meeting 6 - 3 09/19/23 CWA/GM Matters Meeting Met with Director Smith and GM Martinez to discuss CWA matters - - 4 09/26/23 CWA Matters Meeting Met with Director Smith and GM Martinez to discuss CWA matters - - 5 09/27/23 East County Caucus Discuss East County issues with agencies and CWA 16 - Total Meeting Per Diem: $825 ($165 per diem) Total Mileage Claimed: 22 miles 1896 From:9/1/23---9/30/23 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 9/6/2023 OWD Board Mtg Monthly Board Meeting 2 9/18/2023 Finance Mtg Special Finance Meeting 3 9/20/2023 F&A Committee Mtg Monthly F&A Committee Mtg 4 9/21/2023 CSDA Class Save the Drama:Managing Challenging Employee Situations 5 9/23/2023 CSDA Class ACA 13 Membership Overview 6 9/24/2023 CSDA Class How your financing gets priced in capital markets 7 9/26/2023 Chula Vista State of the City Chula Vista Mayoral Address (no charge) 8 9/29/2023 CSDA Class Independent Contractors, Dynamex, and AB5 9 10 11 $1,155.00 GM Receipt: OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered Employee Number Total Mileage Claimed: ($165 PER MEETING) Total Meeting Per Diem: Director Signature Miles Date: ______________ Tim Smith 1845 From: 9/1/2023 to 9/30/2023 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 9/5/2023 Mtg with Padre Dam GM Discuss East County issues 0 30 2 9/6/2023 OWD Board Meeting Monthly Board Meeting 26 0 3 9/18/2023 Finance & Admin Mtg Discuss Financial Issues with GM and Staff and Dir. Keyes 26 0 4 9/19/2023 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 5 9/20/2023 Finance & Admin Committee Mtg Discuss Finance & Administrative issues for next Board Mtg 26 0 6 9/26/2023 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 7 9/27/2023 East County Caucus Dicuss East County issues with agencies and CWA 0 44 8 9 10 11 78 74 $ 1,155.00 152 Miles GM Receipt: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ 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: ______ ______