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Home My WebLink About11-08-23 Board Minutes 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY November 8, 2023 1. The meeting was called to order by Vice President Lopez at 2:30 p.m. 2. ROLL CALL Directors Present: Croucher, Keyes, Lopez and Smith Directors Absent: President Robak (Attended the National Water Resources Association Annual Conference) 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 Keyes, seconded by Director Smith, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez and Smith Noes: None Abstain: None Absent: President Robak to approve the agenda. 5. SOLICITATION OF INPUT REGARDING LAFCO MUNICIPAL SERVICE REVIEWS (MSRs) Mr. Chris Cate, Founder of 3MC Strategies, provided to the board a history, purpose and process of the Local Agency Formation Commission’s (LAFCO) municipal service reviews (MSR). Director Smith requested that LAFCO should consider having member agencies, that are water or irrigation districts, elect representatives to the County Water Authority (CWA). He commented on continuing issues with governance and its structure. 2 In response to several questions from Director Croucher concerning the definition of LAFCO’s limited oversight, Mr. Cate stated that LAFCO has no authority over agencies and can only provide recommendations. He stated that municipal services reviews are conducted every five years to confirm each agencies’ jurisdictional boundaries. There was a discussion on why there was an MSR conducted on Rainbow Municipal Water and Fallbrook Public Utilities Districts, but not on CWA, prior to the approval of Rainbow and Fallbrook detaching from San Diego County’s jurisdictional boundary. Director Croucher requested that Mr. Cate follow up on the statutes of LAFCO’s limited oversight as there is a question on whether or not MSRs apply to CWA, MWD and MET. He also asked if LAFCO requires agencies to follow state legislation with regards to water and infrastructure planning. Mr. Cate said yes, LAFCO does make sure agencies follow state rules and regulations. There was a discussion on the San Diego Grand Jury who is another entity who oversees CWA and other agencies, which Mr. Cate stated that LAFCO has not reviewed any documents from the Jury. Director Croucher requested that LAFCO review Jury documents involving these agencies. Mr. Cate provided a timeline of CWA’s and MWD’s MSR and indicated that a first draft is anticipated to be available for review in July 2024. Mr. Cate responded to additional comment and questions from the board. 6. 2023 LEGISLATIVE SESSION UPDATE FROM BROWNSTEIN HYATT FARBER AND SCHRECK (BHFS) Communications Assistant Eileen Salmeron introduced Mr. Baltazar Cornejo from BHFS who provided to the board a PowerPoint presentation of the district’s top 10 legislative priorities for 2023. He also provided information on AB 574 (D-Hayward), AB 399 (Boerner), and ACA 13 (Ward) – Voting thresholds. 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 No one wished to be heard. UCONSENT 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 Croucher, seconded by Director Keyes and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez and Smith Noes: None Abstain: None Absent: President Robak to approve the following consent calendar item: 3 a) APPROVE TO INCREASE CIP P2676 IN AN AMOUNT OF $92,000.00 (FROM $3,150,000 TO $3,242,000); APPROVE THE ISSUANCE OF A PURCHASE ORDER TO BRAX COMPANY IN THE AMOUNT OF $240,723.76 FOR MOTOR REPLACEMENTS FOR PUMP #2 AT THE 980-2 PUMP STATION AND PUMP #1 AT THE 980-1 PUMP STATION; AND APPROVE THE SURPLUS OF EXISTING MOTORS, INCLUDING THE ORIGINAL PUMP MOTOR #4 AT THE 980-2 PUMP STATION THAT WAS REPLACED IN DECEMBER 2022 b) APPROVE THE AUDITED FINANCIAL STATEMENTS, INCLUDING THE INDEPENDENT AUDITORS’ UNQUALIFIED OPINION, FOR THE FISCAL YEAR ENDING JUNE 30, 2023 c) ADOPT RESOLUTION NO. 4437 TO UPDATE THE BOARD POLICY NO. 22, DRUG FREE WORKPLACE, OF THE DISTRICT’S CODE OF ORDINANCES ACTION ITEMS 9. BOARD a) DISCUSS THE 2023 AND 2024 BOARD MEETING CALENDAR District Secretary Ramos-Krogman indicated that no committee meetings wil be held in November and that there will be an Engineering, Operations and Water Resources Committee meeting on December 5. Currently, there are no items for the Finance and Administrative Committee to review which may result in the cancellation of the meeting in December. In response to a question from Director Croucher, General Manager Martinez stated that there may be a Legal Ad Hoc Committee meeting if there is a need to discuss city of San Diego matters. There were no other changes made to the board meeting calendars. U INFORMATIONAL ITEM 10. ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS a) SOCIAL MEDIA, MOBILE APPLICATION, AND WEBSITE ANALYTICS UPDATE The board waived the presentation. REPORTS 11. GENERAL MANAGER REPORT 4 Mr. Martinez shared that November 8, 2023, would be Engineering Manager Bob Kennedy’s last board meeting as he will be retiring on December 8, 2023. Mr. Kennedy provided a history of the district’s challenges and progress and stated that he enjoyed working for the district and thanked everyone. Directors Croucher and Lopez thanked Mr. Kennedy for all his efforts and service to the district and congratulated him on his upcoming retirement. In response to a question from Director Smith regarding actuals down by $800,000, Assistant Chief Financial Officer Kevin Koeppen stated that staff are looking into expenditures that may not need to be spent and other considerations to save money. 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Croucher shared that CWA is moving forward with the replacement of Helix Water District’s #9 Flow Control Facility that is an approximate $9 million dollar project. He also shared that the December 9 workshop is cancelled and that the next one is scheduled for January 2024. CWA is also moving forward with the purchase of land in Escondido for $40 million dollars. Director Smith shared additional information on Helix Water District’s #9 Flow Control Facility and noted that he and Director Croucher voted no on the project and indicated that it was 30% over bid. He also discussed CWA matters with CalPERS and an amended contract for air monitoring equipment system. Chief of Administrative Services Adolfo Segura and Systems Operations Manager Jake Vaclavek responded to questions from Director Smith about air monitoring and confined space. Director Croucher commented on the district’s confined space training facility and requested a tour of the facility. 13. 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. Director Croucher requested to be registered for the 2023 ACWA Fall Conference. 14. 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. 15. CLOSED SESSION The board recessed to closed session at 3:36 p.m. to discuss the following matters: 5 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) EVALUATION OF GENERAL COUNSEL Pursuant to Government Code §54954.5 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 4:15 p.m. and General Counsel Dan Shinoff reported that no reportable actions were taken in closed session. U UUOTAY 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, Vice President Lopez adjourned the meeting at 4:15 p.m. President ATTEST: District Secretary Pay To: Employee Number ITEM DATE I 10/3/2023 2 10/3/2023 3 I 0/4/2023 4 I 0/4/2023 5 10/5/2023 6 10/6/2023 7 I 0/6/2023 8 10/7/2023 9 10/8/2023 10 I 0/9/2023 11 10/10/2023 12 10/11/2023 13 10/16/2023 14 10/17/2023 15 10/18/2023 16 10/24/2023 17 10/25/2023 Total Meeting Per OTA Y WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM • Mark Robak 0 7014 , a From: fl • MEETING PURPOSE / ISSUES South County EDC Monthly Board Meeting East County EDC Annual Manufacturing Expo -NO CHARGE San Diego Regional Chamber Pre-trip orientation -Binational Delegation to of Commerce Mexico City -NO CHARGE Otay Water District Monthly Board Meeting Tom Kennedy Retirement Vintana Wine+ Dine -NO CHARGE Celebration East County Chamber of First Friday Breakfast -NO CHARGE Commerce Politi fest Panel on erosion, including sand retention 1proiects -NO CHARGE Politi fest Panel on Quantification Settlement Agreement, Colorado River, water supply and detachment San Diego Regional Chamber Binational Delegation to Mexico City of Commerce San Diego Regional Chamber Binational Delegation to Mexico City of Commerce San Diego Regional Chamber Binational Delegation to Mexico City of Commerce San Diego Regional Chamber Binational Delegation to Mexico City of Commerce Otay Water District Agenda Briefing-NO CHARGE Council of Water Utilities Speakers form Otay & Sweetwater on A WW A Utility Benchmarking Otay Water District CPRL&L Committee Water Conservation Garden JPA Board Meeting Water Conservation Garden Friends of the Garden Emergency Board Meeting-NO CHARGE Diem: $ 1,650 (SI65 PER MEETING) Total Mileage Claimed: GM Receipt: FOR OFFICE USE· ---------- 107 Miles Director Signature f I MILEAGE REIMBURSEMENT: Period Covered I 0/1/2023 10/31/2023 MILEAGE HOME MI LEAGE TOOWDOWD TO OTHER HOME LOCATIONS 0 38 0 0 0 0 7 0 0 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 22 0 0 0 0 0 0 7 100 $ _____ _ (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: 10/01/23 To: 10/27/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 10/04/23 Otay Water District Monthly Regular Board Meeting 6 - 2 10/17/23 CWA Matters Meeting Met with Director Smith and GM Martinez to discuss CWA matters - - 3 10/18/23 CPRL&L Committee Meeting Communications, Public Relations, Legal and Legislative Committee Meeting to review and discuss agenda items going to the November 8, 2023, board meeting. 6 - 4 10/27/23 Otay Water District Recycled Water Agreement Ad-Hoc Committee meeting to discuss water level issues update - - Total Meeting Per Diem: $660 ($165 per diem) Total Mileage Claimed: 12 miles 1896 From:10/1/23---10/31/23 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 10/4/2023 OWD Board Mtg Monthly Board Meeting 2 10/16/2023 CSDA Class 2023 Annual Employment Law Update 3 10/17/2023 COWU luncheon COWU October 2023: AWWA Utility Benchmarks 101 (no charge) 4 10/21/2023 CSDA Class NSDC in 2023: Federal Priorities, Grants, and More! 5 10/22/2023 CSDA Class Connecting to enhance performance management 6 10/23/2023 F&A Committee Mtg F&A Committee Mtg 7 10/27/2023 CSDA Class Grant Funding 101 for Special Districts 8 10/29/2023 CSDA Class Increase Efficiency with Cloud Technology 9 10 11 $ 1,155.00 Miles GM Receipt: Date: ___________________ Pay To: Ryan Keyes 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: Jose Lopez Period Covered: Employee Number: 7010 From: 10/01/23 To: 10/31/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 10/03/23 SCED Council Monthly Regular Meeting 6 2 10/04/23 OWD Board Meeting Monthly Regular Board Meeting 19 3 10/06/23 Chula Vista Chamber of Commerce 1st Friday Breakfast Meeting (NO CHARGE) 4 10/08/23 SD Binational Delegation Mexico City, Mexico – Binational Delegation Meeting (CBX Crossing – Home to Mexico Airport) 13 5 10/09/23 SD Binational Delegation Mexico City, Mexico – Binational Delegation Meeting 6 10/10/23 SD Binational Delegation Mexico City, Mexico – Binational Delegation Meeting 7 10/11/23 SD Binational Delegation Mexico City, Mexico – Binational Delegation Meeting (CBX Crossing – Mexico Airport to Home) 13 8 10/12/23 Council of Water Utilities Meeting Monthly Regular Meeting 42 9 10/12/23 FLOW Meeting Friendship Latinos on Water Meeting with other agencies (NO CHARGE) 10 10/24/23 EO&WR Committee Meeting Monthly committee meeting to review and discuss items going to the November 2023 board meeting (NO CHARGE) 11 10/24/23 Water Conservation Garden Monthly Regular Meeting 34 Total Meeting Per Diem: $1,320 ($165 per diem) Total Mileage Claimed: 127 miles Tim Smith 1845 From: 10/1/2023 to 10/31/2023 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 10/4/2023 OWD Board Meeting Monthly Board Meeting 26 0 2 10/17/2023 COWU Meeting Presentation: AWWA Utility Benchmarks 0 48 3 10/18/2023 Otay/SDCWA Meeting Meeting with SDCWA GM and GM Martinez and Dir. Croucher 0 24 4 10/23/2023 Finance & Admin Committee Mtg Discuss Finance & Administrative issues for next Board Mtg 26 0 5 10/24/2023 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 6 10/25/2023 East County Caucus Dicuss East County issues with agencies and CWA 0 44 7 10/27/2023 Recycled Water Ad-Hoc Committee Mtg Dicuss Recycled Water Agreement between City SD and Otay 0 0 8 9 10 11 52 116 $ 1,155.00 168 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: __________