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HomeMy WebLinkAbout03-06-24 Board Minutes1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY March 6, 2024 1.The meeting was called to order by President Lopez at 3:35 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 General Counsel Dan Shinoff reported that there are no Closed Session items to consider and recommended removing it from the agenda. 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 approve General Counsel Dan Shinoff’s recommendation to remove Closed Session items from the agenda. 5.APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF JANUARY 3, 2024, AND FEBRUARY 7, 2024 A motion was made by Director Keyes, seconded by President Lopez, and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None AGENDA ITEM 4 2 Abstain: None Absent: None to approve the minutes of the regular meetings of January 3, 2024, and February 7, 2024. 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 Ms. Gina Austin stated that she is representing Lighthouse Builders in its lawsuit against the Otay Water District and provided a copy and an update of the lawsuit to the board. There were no other public comments 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 Keyes, 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 following consent calendar item: a) RATIFY AND APPROVE THE PURCHASE AND SALES AGREEMENT WITH CALWEST FOR THE PROPERTY AT 525 HUNTE PARKWAY, CHULA VISTA, CALIFORNIA ACTION ITEMS 8. BOARD a) ADOPT RESOLUTION NO. 4439 TO REJECT ALL BIDS RECEIVED FOR THE BOB PLETCHER WAY MAIN LEAK REPAIR PER CALIFORNIA PUBLIC CONTRACT CODE 22038 Charles Maderos provided a staff report to the board and responded to their questions. A motion was made by Director Croucher, seconded by Director Keyes and carried with the following vote: 3 Ayes: Directors Croucher, Keyes, Lopez, Robak and Smith Noes: None Abstain: None Absent: None to approve staff’s recommendation. b) REQUEST BY MR. ENRIQUE OCAMPO FOR A WAIVER TO THE CODE OF ORDINANCE, SECTION 62, EXTENT OF SYSTEMS FOR SUBDIVISIONS AND PARCEL MAPS, ITEM 62.01, FOR THE PROPERTY LOCATED ON 1446 PORTOLA AVENUE IN SPRING VALLEY Mr. Enrique Ocampo addressed the board to show pictures of an existing water main in front of his property. Engineer Manager Kevin Cameron provided a staff report to the board that included a chronology of communications and meetings with Mr. Ocampo and a summary of Mr. Ocampo’s waiver claims and staff’s findings. The exhibits in the staff report show locations of water mains near the property line, which none did not extend across the front of the property. Mr. Cameron recommended that the board reject the waiver request resulting in the required adherence to the existing Code to extend the water main through the entire frontage, approximately 50 feet, of the property. In response to a question from Director Croucher, Mr. Cameron stated that no prior wavier has been submitted to the district. Director Croucher asked if the approval of this waiver could open liabilities in the future. General Counsel Dan Shinoff stated that is a potential. Director Croucher recommended that the board deny the waiver and directed staff to work with Mr. Ocampo to help resolve the issue. 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 deny Mr. Enrique Ocampo’s waiver request and directed staff to work with Mr. Ocampo to help resolve the issue. Director Keyes left at 4:11 p.m. to virtually attend, as a committee member representing Otay Water District, an ACWA Energy Committee meeting. c) DISCUSS THE 2024 BOARD MEETING CALENDAR 4 District Secretary Tita Ramos-Krogman noted that there will be a Special Board Meeting Tour on March 8 at 12:00 p.m. and that a Communications, Public Relations, Legal and Legislative Committee is tentatively scheduled for March 19 at 11:30 a.m. She indicated that the March 19 Engineering, Operations and Water Resources Committee meeting was cancelled. In response to a request from Director Croucher, President Lopez stated that he will work with General Manager Martinez to consider having a meeting with east county agencies and Sweetwater Water Authority. U INFORMATIONAL ITEM 9. ITEMS ARE PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM a) SECOND QUARTER FISCAL YEAR 2024 CAPITAL IMPROVEMENT PROGRAM REPORT Engineer Manager Kevin Cameron provided a PowerPoint presentation to the board and responded to their questions. Chief of Engineering Michael Long stated that staff is looking at other options to meet the CIP budget target for this fiscal year. In response to a question from Director Smith, Mr. Cameron stated that there was a cost increase for vandalism monitoring of the HMA Habitat area near the Salt Creek Golf Course. Chief Financial Officer stated that unspent money is earning interest, which is positive for the district. The money will remain in reserves until it is ready to be spent on projects. REPORTS 10. GENERAL MANAGER REPORT General Manager Jose Martinez provided his report to the board and discussed the Water Conservation Garden and the joint Powers Authority update, which he noted that the district will contribute $5,000 per month from March through June to the Garden. In total, the district will contribute $20,000. He also shared that the district received the California Society of Municipal Finance Officers (CSMFO) Operating Budget Award and the CSMFO Capital Budget Award and provided information on the OPEB Funded Status. He noted that he will be attending a Municipal Service Review Stakeholder Working Group Meeting (No. 1) on March 11, which he is a member of this group. Staff responded to additional comments and questions from the board. Director Keyes returned to the board meeting at 4:53 p.m. 5 11.SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Tim Smith discussed CWA’s fixed variable cost for water purchases, Metropolitan’s budget, conservation programs, property tax options, board governance policy – code of conduct of the board, and water rate issues. Director Croucher stated that the MWD budget is looking at an approximate $300 million dollar deficit due to a decrease in water sales, and a $15 million dollar overhead in expenditures. Director Smith discussed impacts from rainy weather conditions. Director Croucher discussed negotiations with Molten Miguel Consultants, member changes on CWA’s board, habitat restoration, and MWD’s Pure Water Program concerns, and conservation costs and water rate issues. 12.DIRECTORS' REPORTS/REQUESTS Director Croucher reported that he attended an Ad Hoc Negotiations meeting on February 27. Director Robak provided an update on the Water Conservation Garden and Joint Powers Authority matter. 13.PRESIDENT’S REPORT President Lopez stated that there will be a Public Hearing at the next board meeting to consider a 5% per diem increase for board members. U UUOTAY WATER DISTRICT FINANCING AUTHORITY 14.NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 15.ADJOURNMENT With no further business to come before the Board, President Lopez adjourned the meeting at 5:31 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: 01/01/24 To: 01/25/24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 01/03/24 OWD Regular Board Meeting 19 2 01/05/24 CV Chamber of Commerce First Friday Breakfast Mtg. (NO CHARGE) 3 01/09/24 OWD Meeting with General Manager 4 4 01/11/24 OWD Committee Agendas Briefing 5 01/16/24 COWU Council of Water Utilities Quarterly Meeting 42 6 01/17/24 OWD Finance Committee Meeting 19 7 01/23/24 OWD Engineering Committee Meeting (NO CHARGE) 8 01/23/24 Water Conservation Garden Financial Reporting Meeting 26 9 01/25/24 SD County Water Authority Regular Board Meeting 44 44 10 Total Meeting Per Diem: ($165 per diem) Total Mileage Claimed: 154 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: Jose Lopez Period Covered: Employee Number: 7010 From: 02/01/24 To: 02/29/24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 02/01/24 OWD Board Agenda Briefing 2 02/06/24 OWD Ethics Training 3 02/07/24 OWD Regular Board Meeting 19 4 02/08/24 FLOW Friends Latinos on Water (NO CHARGE) 5 02/08/24 Chula Vista Chamber Commerce Meet Candidates (NO CHARGE) 6 02/09/24 Water Conservation Garden Special JPA Meeting at Otay Water District 19 7 02/10/24 OWD Meeting with Director Croucher and Legal Counsel 34 8 02/11/24 OWD GM Quarterly Director’s Meeting 9 02/15/24 CSDA Quarterly Dinner Meeting 42 10 02/15/24 OWD Committee Agenda Briefing (NO CHARGE) 11 02/21/24 OWD Special Board Meeting (Retreat) 19 12 02/27/24 OWD Ad Hoc Labor Negotiations Meeting 13 02/29/24 OWD Board Agenda Briefing Total Meeting Per Diem: ($165 per diem) Total Mileage Claimed: 133 miles (Director’s Signature) Date: OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Gary Croucher Period Covered: Employee Number: 7011 From: 12/01/23 To: 12/27/23 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 12/04/23 Otay Water District Meeting w/ legal counsel - - 2 12/05/23 Otay Water District Director’s Quarterly Meeting with General Manager Martinez - - 3 12/27/23 Otay Water District Meeting w/ legal counsel - - 4 - - 5 - - 6 - - Total Meeting Per Diem: ($165 per diem) Total Mileage Claimed: 0 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: 01/01/24 To: 01/23/24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 01/03/24 Otay Water District Regular Board Meeting - - 2 01/10/24 Otay Water District CWA Matters Meeting - - 3 01/16/24 Otay Water District CWA Matters Meeting - - 4 01/23/24 Otay Water District CWA Matters Meeting - - 5 - - 6 - - Total Meeting Per Diem: ($165 per diem) Total Mileage Claimed: 0 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: 02/01/24 To: 02/29/24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 02/01/24 Otay Water District CWA Matters Meeting - - 2 02/07/24 Otay Water District Regular Monthly Board Meeting - - 3 02/09/24 Otay Water District Attended the JPA-Water Conservation Garden Special Board Meeting - - 4 02/10/24 Otay Water District Meeting with General Counsel Shinoff and President Lopez - - 5 02/12/24 Otay Water District Director’s Quarterly Meeting - - 6 02/20/24 Otay Water District CWA Matters Meeting - - 7 02/21/24 Otay Water District Special Board Meeting 8 02/27/24 Otay Water District Ad Hoc Negotiations Meeting Total Meeting Per Diem: ($165 per diem) Total Mileage Claimed: 0 miles 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: 1896 From:2/1/24---2/29/24 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 2/7/2024 OWD Board Meeting Monthly Board Meeting 2 2/12/2024 Quarterly Meeting Quarterly General Manager Mtg 3 2/14/2024 CSDA Class Ratepayer Assistance and Water Shut-Off Laws 4 2/15/2024 CSDA Dinner Beyond the Ballot: Election Insights and the 2024 Election Landscape"-no charge 5 2/16/2024 CSDA Class The ABCs of SDLF 6 2/17/2024 CSDA Class Prevailing Wage Update 2024 7 2/20/2024 EO&WR Committee Meeting EO&WR Committee Meeting 8 2/21/2024 OWD Board Meeting OWD Special Board Meeting 9 2/24/2021 AWWA Webinar AWWA Webinar- Achieving Net Zero 2050: A Practical Approach to Decarbonization 10 11 $ Miles GM Receipt: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $_____________ 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 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 $ 72 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: 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: Tim Smith 1845 From: 2/1/2024 to 2/29/2024 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 2/1/2024 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 2 2/20/2024 SDCWA Matters Discuss SDCWA matters with GM and Dir. Croucher - SDCWA Mtg 0 0 3 2/21/2024 East County Caucus Dicuss East County issues with agencies and CWA (NO CHARGE)0 44 4 2/21/2024 Otay Special Board Meeting Otay Board Retreat 26 0 5 2/23/2024 Qrtly Meeting Discuss Otay issues with GM 0 0 6 7 8 9 10 11 26 44 $ 70 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