HomeMy WebLinkAbout01-03-24 Board Minutes1
MINUTES OF THE
BOARD OF DIRECTORS MEETINGS OF THE
OTAY WATER DISTRICT
AND
OTAY WATER DISTRICT FINANCING AUTHORITY
January 3, 2024
1.The meeting was called to order by President Robak at 3:30 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.PRESENTATION OF RECOGNITION PLAQUE TO BOARD PRESIDENT
Vice President Jose Lopez presented a recognition plaque to Board President Mark
Robak, made a few comments, and thanked President Robak for his leadership in
2023.
President Robak shared that he has been on the board since 2004 and provided a
brief history of his experience on the board. He said he appreciates the board and
staff.
5.ELECTION OF BOARD PRESIDENT
A motion was made by President Robak, 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 elect Director Jose Lopez as President of the board.
6.ELECTION OF BOARD VICE PRESIDENT
AGENDA ITEM 4
2
A motion was made by Director Robak, 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 elect Director Ryan Keyes as Vice President of the board.
7. ELECTION OF BOARD TREASURER
Director Robak made a motion, and 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 elect Director Mark Robak as Treasurer of the board.
8. APPROVAL OF THE AGENDA
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 approve the agenda.
9. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF OCTOBER 4,
2023, AND NOVEMBER 8, 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 meetings of October 4, 2023, and November 8,
2023.
3
10.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.
11.RECESS OTAY WATER DISTRICT BOARD MEETING AND CONVENE THE OTAY
WATER DISTRICT FINANCING AUTHORITY BOARD MEETING
President Lopez recessed the Otay Water District Board Meeting at 3:56 p.m. and
convened the Otay Water District Financing Authority board meeting.
12.ROLL CALL
Directors Present: Croucher, Keyes, Lopez, Robak and Smith.
13.RE-AFFIRM OFFICERS OF THE OTAY WATER DISTRICT FINANCING AUTHORITY
A motion was made by Director Robak, 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 elect Director Lopez as President, Director Keyes as Vice President, General
Manager Martinez as Executive Director, Chief Financial Officer Beachem as
Treasurer/Auditor, and District Secretary Ramos-Krogman as Secretary to the Otay
Water District Financing Authority.
14.ADJOURN OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING
AND RECONVENE THE OTAY WATER DISTRICT BOARD MEETING
President Lopez adjourned the Otay Water District Financing Authority board meeting
at 3:58 p.m. and reconvened the Otay Water District board meeting.
ACTION ITEMS
15.ENGINEERING
a)AWARD A PROFESSIONAL SERVICES AGREEMENT FOR AS-NEEDED ASSET
MANAGEMENT SERVICES TO RAFTELIS FINANCIAL CONSULTANTS, INC. IN
AN AMOUNT NOT-TO-EXCEED $175,000. THE TOTAL AMOUNT OF THE
CONTRACT WILL NOT EXCEED $175,000 DURING FISCAL YEARS 2024, 2025,
AND 2026 (ENDING JUNE 30, 2026)
Engineering Manager Beth Gentry provided the staff report to the board.
4
Director Smith commented on researching outcomes for asset management to get a
true cost figure for maintaining and maximizing the life span of all assets. He stated
that he would like to see staff and consultants work towards a high-level process of
asset management by keeping track of how old current materials, tanks, pipelines, and
other assets are. General Manager Martinez and Chief of Operations Jackson
responded to additional questions from Director Smith and stated that the district is in
the process of creating a position for an Asset Management Specialist.
A motion was made by Director Smith, seconded by Director Robak and carried with
the following vote:
Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith
Noes: None
Abstain: None
Absent: None
to approve staff’s recommendation.
b)AWARD A PROFESSIONAL SERVICES CONTRACT TO VALLEY
CONSTRUCTION MANAGEMENT FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SUPPORT OF THE 870-2 RESERVOIR (3.4 MG) CONSTRUCTION
AND 870-1 RESERVOIR LINER/COVER REPLACEMENT PROJECT IN AN
AMOUNT NOT-TO-EXCEED $874,111.000
Engineering Manager Kevin Cameron provided the staff report to the board. In
response to a question from Director Smith, Mr. Cameron stated that the project’s
Scope of Work includes a time-lapse camera that will be used to record the progress
of the project over the years.
U16.BOARD
a)DISCUSS THE 2023 AND 2024 BOARD MEETING CALENDAR
Director Croucher requested that staff schedule a board retreat in 2024.
There were no other changes made to the board meeting calendars.
INFORMATIONAL ITEM
17.ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES
ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS
a)FIRST QUARTER FISCAL YEAR 2024 CAPITAL IMPROVEMENT PROGRAM
REPORT
Engineering Manager Kevin Cameron provided a PowerPoint presentation of the first
quarter of fiscal year 2024 Capital Improvement Program report and responded to
questions from the board.
5
REPORTS
18.GENERAL MANAGER REPORT
Mr. Martinez provided an update on Mexico deliveries, FEMA COVID-19 Grant
Update, Cross Connection Control Policy Handbook, and the Otay Water District
Climate Adaptation and Resilience Planning Project.
Mr. Martinez introduced and provided a brief background of the new Engineering
Manager, Ms. Beth Gentry.
In response to a question from Director Smith, Chief Financial Officer Beachem stated
that weather was a factor in the decrease of water sales. Staff responded to additional
questions from the board.
19.SAN DIEGO COUNTY WATER AUTHORITY UPDATE
Director Smith and Legal Counsel Shinoff shared information and impacts of lawsuits
that CWA is monitoring. Director Smith also shared information on one of CWA’s
policy and its impact of adding water cost to property taxes. He provided an update on
the Rainbow MWD and Fallbrook PUD Detachment and indicated that Fallbrook PUD
is currently in the process of detaching from the San Diego region. However, Rainbow
MWD must wait a year and a half to detach due to infrastructure plans. He noted that
the detachment owed from Rainbow and Fallbrook was approximately $200 million
dollars; however, CWA settled for $25 million dollars.
Director Croucher shared that the CWA December meeting was cancelled and that a
board retreat has been scheduled for January 2024. He shared his thoughts on the
Rainbow MWD and Fallbrook PUD detachment.
Director Smith and Chief Financial Officer Beachem provided impacts that CWA
member agencies will experience from the detachment. The board discussed next
steps to take after learning about the approval of the Rainbow MWD and Fallbrook
PUD Detachment.
20.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 Keyes indicated that he was elected to the ACWA Energy Committee.
Director Croucher expressed his appreciation for all district employees. He also
commented on the Water Conservation Garden issue and provided his thoughts on
consolidating water agencies.
6
21.PRESIDENT’S REPORT
At the direction of President Lopez, Director Robak provided his president’s report
before turning the presidency over. Director Robak provided an update of the Water
Conservation Garden.
A written report from Director Robak was submitted to District Secretary Ramos-
Krogman and will be attached to the minutes for today’s meeting.
22.CLOSED SESSION
The board recessed to closed session at 5:28 p.m. to discuss the following matters:
a.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
[GOVERNMENT CODE §54956.95]
NAME OF CLAIMANT: Ashanay Stewart
b.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
[GOVERNMENT CODE §54956.95]
NAME OF CLAIMANT: Curtis Rodgers, IV
c.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
[GOVERNMENT CODE §54956.95]
NAME OF CLAIMAMT: Enrique Ocampo
d.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
e.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
f.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
7
Under negotiation: Disposition of Property
RETURN TO OPEN SESSION
23.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 6:21 p.m. and General Counsel Dan
Shinoff reported that the board unanimously voted to reject Agenda Items 23a
(Ashanay Stewart Claim), 23b (Curtis Rodgers, IV, Claim), and 23c (Enrique Ocampo
Claim). General Counsel Shinoff stated that no additional reportable actions were
taken in closed session.
U
UUOTAY WATER DISTRICT FINANCING AUTHORITY
24.NO MATTERS TO DISCUSS
There were no items scheduled for discussion for the Otay Water District Financing
Authority board.
25.ADJOURNMENT
With no further business to come before the Board, President Lopez adjourned the
meeting at 6:21 p.m.
President
ATTEST:
District Secretary
(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: 11/01/23 To: 11/30/23
ITEM DATE MEETING PURPOSE / ISSUES
DISCUSSED MILEAGE
HOME to OWD OWD to HOME
MILEAGE
OTHER LOCATIONS
1 11/04/23 WateReuse 2023 Annual WateReuse Conference
(Drove from home to Indian Wells, CA) 168
2 11/05/23 WateReuse 2023 Annual WateReuse Conference
3 11/06/23 WateReuse 2023 Annual WateReuse Conference
4 11/07/23 WateReuse 2023 Annual WateReuse Conference (Drove from Indian Well, CA to Home) 168
5 11/08/23 OWD Board Meeting Monthly Regular Board Meeting 19
6 11/20/23 Water Conservation Garden Special Meeting – Helix Water District 26
7 11/27/23 ACWA 2023 ACWA Annual Conference (Drove from home to Indian Wells, CA) 168
8 11/28/23 ACWA 2023 ACWA Annual Conference
9 11/29/23 ACWA 2023 ACWA Annual Conference
10 11/30/23 ACWA 2023 ACWA Annual Conference (Drove from Indian Wells, CA to Home) 168
Total Meeting Per Diem:
($165 per diem)
Total Mileage Claimed: miles
(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: 11/01/23 To: 11/30/23
ITEM DATE MEETING PURPOSE / ISSUES
DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME
MILEAGE
OTHER LOCATIONS
1 11/08/23 Otay Water District Monthly Regular Board Meeting - -
2 11/14/23 CWA Matters Meeting Met with Director Smith and GM Martinez to discuss CWA matters - -
3 11/27/23 ACWA Attended 2023 ACWA Fall Conference - 132
4 11/28/23 ACWA Attended 2023 ACWA Fall Conference - -
5 11/29/23 ACWA Attended 2023 ACWA Fall Conference - -
6 11/30/23 ACWA Attended 2023 ACWA Fall Conference - 132
Total Meeting Per Diem:
($165 per diem)
Total Mileage Claimed: miles
1896 From:11/1/23---11/30/23
ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO
OWD OWD TO
HOME
MILEAGE
OTHER
LOCATIONS
1 11/8/2023 OWD Board Mtg Monthly Board Meeting
2 11/11/2023 CSDA Class Maximizing Employee Potential Through
Coaching
3 11/12/2023 CSDA Class Learn ADA Compliance and Transparency
Without Falling Asleep
4 11/17/2023 GM Quaterly Meeting Quarterly Mtg with GM Martinez
5 11/27/2023 ACWA Conference ACWA Conference
6 11/28/2023 ACWA Conference ACWA Conference
7 11/29/2023 ACWA Conference ACWA Conference
8 11/30/2023 ACWA Conference ACWA Conference
9
10
11
$
Miles
GM Receipt: Date: ___________________
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:
1896 From:12/1/23---12/31/23
ITEM DATE MEETING PURPOSE / ISSUES
MILEAGE HOME TO
OWD OWD TO
HOME
MILEAGE
OTHER
LOCATIONS
1 12/15/2023 CSDA Class The New World of Remote Work
2 12/16/2023 CSDA Class Grant Funding 201
3 12/17/2023 CSDA Class AWIA Risk Assessment and Emergency
Response Plan
4 12/22/2023 CSDA Class A Practical Guide for Creating a New Board
Member Orientation
5 12/23/2023 CSDA Class Effective Management of People in a Hybrid
Workplace
6 12/28/2023 CSDA Class Effective Meeting Management Through
Parliamentary Procedure
7 12/29/2023 CSDA Class Increase Efficiency with Cloud Technology
8 12/30/2023 CSDA Class Completing Your Form 700 & Spotting
Potential Conflicts of Interest
9
10
11
$
Miles
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:
Director Signature
($165 PER MEETING)
Total Meeting Per
Diem:
Mark Robak
7014 From:11/1/2023 11/30/2023
ITEM DATE MEETING PURPOSE / ISSUES
MILEAGE HOME
TO OWD OWD TO
HOME
MILEAGE
OTHER
LOCATIONS
1 11/2/2023 Otay Water District Agenda Briefing - NO CHARGE 0 0
2 11/2/2023 Tour of AWP Construction
Site
East County Advanced Water Purification
(AWP) - NO CHARGE 0 0
3 11/3/2023 East County Chamber of
Commerce
First Friday Breakfast at Cuyamaca College- NO
CHARGE 0 0
4 11/4/2023 Water Reuse Conference -
Indian Wells
Annual conference on water reuse issues - NO
CHARGE 7 0
5 11/5/2023 Water Reuse Conference -
Indian Wells Annual conference on water reuse issues 0 0
6 11/6/2023 Water Reuse Conference -
Indian Wells Annual conference on water reuse issues 0 0
7 11/7/2023 Water Reuse Conference -
Indian Wells Annual conference on water reuse issues 0 0
8 11/7/2023 National Water Resources
Association - San Antonio
Annual conference on water issues - NO
CHARGE 0 17
9 11/8/2023 National Water Resources
Association - San Antonio Annual conference on water issues 0 0
10 11/9/2023 National Water Resources
Association - San Antonio Annual conference on water issues 0 0
11 11/10/2023 National Water Resources
Association - San Antonio Annual conference on water issues 0 17
12 11/12/2023 Otay Water District Quarterly Directors Meeting with General
Manager - NO CHARGE 0 0
13 11/13/2023 South County EDC
Infrastructure Forum
Discussion of Utilities in South County - NO
CHARGE 0 0
14 11/16/2023 CSDA Quarterly Dinner Speaker on new Terminal 1 at San Diego
Airport - NO CHARGE 0 22
15 11/20/2023 Water Conservation Garden
JPA
Special Meeting to discuss Garden finances -
NO CHARGE 0 0
16 11/26/2023 ACWA Fall Conference Semi-Annual conference on water issues - NO
CHARGE 0 165
17 11/27/2023 ACWA Fall Conference Semi-Annual conference on water issues 0 0
18 11/28/2023 ACWA Fall Conference Semi-Annual conference on water issues 0 0
19 11/29/2023 ACWA Fall Conference Semi-Annual conference on water issues 0 0
20 11/30/2023 ACWA Fall Conference Semi-Annual conference on water issues 0 132
7 353
$
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
Mark Robak
7014 From:12/1/2023 12/31/2023
ITEM DATE MEETING PURPOSE / ISSUES
MILEAGE HOME
TO OWD OWD TO
HOME
MILEAGE
OTHER
LOCATIONS
1 12/1/2023 East County Chamber of
Commerce First Friday Breakfast - NO CHARGE 0 0
2 12/1/2023 Otay Water District Committee Agenda Briefing 0 0
3 12/2/2024 Otay Holiday Party NO CHARGE 0 0
4 12/4/2023 Living Water Presentation Book on the Colorado River by author Dave
Showalter - NO CHARGE 0 0
5 12/5/2024 Otay Water District Engineering, Operations, and Water Resources
(EO&WR) Committee 0 0
6 12/6/2023 Otay Water District Bob Kennedy Retirement - NO CHARGE 0 0
7 12/7/2024 San Diego Chamber of
Commerce Holiday Reception - NO CHARGE 0 0
8 12/9/2024 Water Conservation Garden
JPA Very Merry Garden event - NO CHARGE 0 0
9 12/11/2024 Otay Water District Ad-Hoc Salt Creek Committee meetong 0 0
10 12/12/2024 Colorado River Water Users
Association
Annual conference on Colorado River water
issues 0 36
11 12/13/2024 Colorado River Water Users
Association
Annual conference on Colorado River water
issues 0 0
12 12/14/2024 Colorado River Water Users
Association
Annual conference on Colorado River water
issues 0 0
13 12/15/2024 Colorado River Water Users
Association
Annual conference on Colorado River water
issues 0 36
14 12/18/2024 San Diego LAFCO Holiday Party - NO CHARGE 0 0
15 12/28/2024 Otay Water District Board Agenda Briefing 0 0
0 72
$
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:
Pay To: Tim Smith
OTAY WATER DISTRICT
BOARD OF DIRECTORS
PER-DiEn-i M1> MiLEAGE CLAIM FORM
Employee Number 18 5 From:
ITEM DATE
l 11/4/2023
2 11/5/2023
-·
3 11/6/2023
4 11n12023
5 11/8/2023
6 11/14/2023
7 11/15/2023
5 i i/l il\123
9 11/29/2023
I I
10 11/30/2023
'I II I I I
Total Meeting Per
Diem:
('1;l6S PF:R MEETI G)
Total Mileage
Claimed:
GM Receipt:
MEETING PURPOSE / ISSUES
WateReuse Conf. Attended 2023 WateRe !se C'or.f.
Watel<.euse Conf Attended 2023 WateReuse Cont:
WateReusc Conf. Attended 2023 WnteRetise Conf.
WateReuse Conf. Attc:nded 2023 WakRc:u::.c Cori[.
OWD Board Meeting Monthly Board Meeting
SOCWA Matters Discuss SDCWA matters with GM and Dir.
Croucher -SDC\V A Mtg
East County Caucus Dicuss East County issues with agencies and
CWA
1\C ...,,V/\ Fa.ii Couf. /rncnuc:u raii 2v:23 ACW A Cunr.
ACW A Fall Conf. Attended Fall 2023 ACW A Conf.
I
ACW A Fall Conf. Attended Fall 2023 ACW A Conf.
I
$
Director Signature
FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT:$ _____
Period Covered
11/1/2023 to I 1/30/2023
MILEAGE HOME Mll.F.AG.E OTH.ER I U UWO OWD TO
I-IOME LOCATIONS
0 [42
0 0
0 0
n .. ., J 't..(.
26 0
0 0
0 44
0 125
0 0
0 142
:
26 595
Tim Smith
1845 From: 12/1/2023 to 12/31/2023
ITEM DATE MEETING PURPOSE / ISSUES
MILEAGE HOME
TO OWD OWD TO
HOME
MILEAGE OTHER
LOCATIONS
1 12/11/2023 Ad Hoc Salt Creek
Received a status update on the Salt Creek land
sale 0 0
2 12/27/2023 SDCWA Matters
Discuss SDCWA matters with GM and Dir.
Croucher - SDCWA Mtg 0 0
3
4
5
6
7
8
9
10
11
0 0
$
0 Miles
GM Receipt:
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:
Date: _____