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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: _____