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Home My WebLink About09-04-24 Board Minutes1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY September 4, 2024 1.The meeting was called to order by President Lopez at 3:32 p.m. 2.ROLL CALL Directors Present: Croucher, Keyes, Lopez and Robak 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 Croucher, seconded by Director Keyes, and carriedwith the following vote: Ayes: Directors Croucher, Keyes, Lopez and Robak Noes: None Abstain: None Absent: None to approve the agenda. 5.PRESENTATION OF PLAQUE TO THE OTAY WATER DISTICT Deputy Chief Chris Monroe of Training and Professional Standards from the ChulaVista Fire Department, and Fire Chief Mitchell of Southern California Fire Management Zone and also the Fire Management Officer for U.S. Fish and Wildlife Servicepresented a plaque to the Otay Water District (OWD) on behalf of the city of ChulaVista and the San Diego County Fire Chiefs Association to express their gratitude andappreciation for OWD’s collaborative efforts to provide a training facility that trainedapproximately 1,000 fire fighters, police officers, and emergency managers. They were also able to provide an S219 Class, which is live fire training on wild land that was onOWD’s property. Chief Mitchell and Deputy Chief Monroe also thanked OWD’sEngineering Manager Beth Gentry, Environmental Compliance Specialist Juliana 2 Luengas, and Purchasing Manager Kent Payne as they assisted in setting up the collaboration with all agencies. 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 No one wished to be heard. ACTION ITEMS 7. BOARD a) INTERVIEW APPLICANTS AND APPOINT A REPRESENTATIVE TO THE DIVISION 1 SEAT ON THE DISTRICT’S BOARD OF DIRECTORS FOR THE REMAINING TERM OF FORMER DIRECTOR TIM SMITH i. ADOPT RESOLUTION NO. 4450 OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT APPOINTING ____________________ TO THE BOARD OF DIRECTORS, DIVISION 1, TO FILL THE VACANCY LEFT BY DIRECTOR TIM SMITH’S RESIGNATION General Counsel Dan Shinoff stated the protocols for the interview process and indicated that there were two applicants in which one will be interviewed remotely and the other one in person. The applicants agreed that when one of them is being interviewed, the other will be absent from the boardroom. At the conclusion of the interviews in open session, the board will deliberate (in the open session) and chose a new board member. Director Robak stated that there were three applicants who were invited to attend the board meeting to be interviewed for the Division 1 Vacancy Seat, but one applicant was not responsive. General Counsel Shinoff added that General Manager Jose Martinez and District Secretary Tita Ramos-Krogman made several phone calls and sent several emails and text messages to invite the individual for an interview. There were also several follow-up phone calls and emails; however, there was no response from the individual. It was noted that the last attempt to reach the individual was on September 3 at 5:10 p.m., and there was no response. The first individual to be interviewed was Mr. Francisco X. Rivera, who remotely joined the meeting. In response to a question from Director Robak, Mr. Rivera stated that he had a pre-planned vacation, and therefore remotely joined the meeting to be interviewed. Mr. Rivera answered additional questions from the full board. Following the interview, Mr. Rivera left the meeting. The board recessed to a 5-minute break at 4:17 p.m. and reconvened the meeting at 4:22 p.m. President Lopez requested that General Counsel Dan Shinoff state the interview protocols again for the second interviewee, Ms. Ashleigh Padilla. 3 Ms. Padilla attended the board meeting in person to be interviewed. Ms. Padilla responded to questions and comments from the board. A motion was made by Director Keyes to appoint Mr. Francisco X. Rivera to the Division 1 Seat on the Otay Water District. Director Robak seconded the motion. The board commented on both candidates’ impressive qualifications and thanked them for their dedication to serving the public and involvement with the community. Each board member provided comments and stated that Mr. Rivera has the background and engineering experience to fill the Division 1 Vacancy Seat. A motion was made by Director Keyes, seconded by Director Robak and carried with the following vote: Ayes: Directors Croucher, Keyes, Lopez and Robak Noes: None Abstain: None Absent: None to Adopt Resolution No. 4450 of the Board of Directors of Otay Water District appointing Mr. Francisco X. Rivera to the Board of Directors, Division 1, to fill the vacancy left by Director Tim Smith’s resignation. The board recessed for a 5-minute break at 4:46 p.m. and reconvened the meeting at 4:51 p.m. At the request of President Lopez, Mr. Rivera virtually rejoined the meeting to receive the results of the interview. President Lopez announced that he was selected to fill the Division 1 vacancy. The board provided their input and comments and congratulated Mr. Rivera. He thanked the board for being selected to fill the vacancy and the opportunity to serve the district and its customers. General Counsel Dan Shinoff stated that the district will organize a special board meeting to swear in Mr. Francisco X. Rivera to have him officially seated on the board. b) DISCUSS THE 2024 BOARD MEETING CALENDAR General Manager Jose Martinez stated that the District Secretary will coordinate a special board meeting to perform the Oath of Office and seating of Mr. Rivera. Director Croucher indicated that the ACWA Conference and the Colorado River Users Water Association Conference (CRUWA) will be held the same week in December. He suggested that board members consider which conference they would like to attend and have President Lopez decide which board members will attend the ACWA Conference and CRUWA Conference. In addition, Director Croucher shared that he may not be able to attend the October 2, 2024, board meeting due to a family emergency issue. 4 In response to a question from President Lopez, General Manager Martinez stated that a special board meeting may be scheduled on December 6 to swear in new board members, depending on the results of the November 2024 election. There were no changes to the board calendar. RECESS TO CLOSED SESSION 8. CLOSED SESSION The board recessed to closed session at 5:00 p.m. to discuss the following matter: a) HECTOR TORRES vs. OTAY WATER DISTRICT LAWSUIT – CASE NO. 24CU006921C b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to California Government Code §54956.8 Property: SALT CREEK GOLF COURSE 525 HUNTE PARKWAY CHULA VISTA, CA 91914 Agency Negotiator: General Counsel Under Negotiation: Disposition of Property 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 d) 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 RETURN FROM CLOSED SESSION 9. 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 6:06 p.m. and General Counsel Dan Shinoff reported that there was no reportable action taken in Closed Session. CONSENT CALENDAR 5 10. ITEMS TO BE ACTED UPON WITHOUT DISCUSSION, UNLESS A REQUEST IS MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISUSS 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 Robak Noes: None Abstain: None Absent: None to approve the following consent calendar items: a) AUTHORIZE AN AMENDMENT TO THE CURRENT CONSULTING SERVICES AGREEMENT WITH BROWNSTEIN HYATT FARBER SCHRECK, LLP FOR LEGISLATIVE ADVOCACY TO EXTEND THE TERM THROUGH DECEMBER 31, 2025, AND INCREASE THE TOTAL COMPENSATION BY $75,000 TO AN AMOUNT NOT-TO-EXCEED $350,000 b) ADOPT RESOLUTION NO. 4446 FOR A GRANT FUNDING AGREEMENT WITH THE UNITED STATES BUREAU OF RECLAMATION’S WATERSMART: WATER AND ENERGY EFFICIENCY GRANT (WEEG) FUNDING OPPORTUNITY FOR FISCAL YEARS 2024 AND 2025 c) APPROVE TO INCREASE THE BUDGET FOR CIP P2572 BY $197,650 AND AUTHORIZE THE GENERAL MANAGER TO AWARD A CONSULTING SERVICES CONTRACT TO KOA HILLS, INC. FOR THE NEW ERP UPGRADE PROJECT d) AUTHORIZE AN ADDENDUM TO THE CONSULTING SERVICES AGREEMENT BY AND BETWEEN THE OTAY WATER DISTRICT AND SAGEVIEW ADVISORY GROUP, LLC TO AMEND THE SCOPE OF SERVICES AND TOTAL COMPENSATION IN AN AMOUNT NOT-TO-EXCEED $161,000 e) ADOPT ORDINANCE NO. 594 AMENDING APPENDIX A OF THE DISTRICT’S CODE OF ORDINANCES IMPLEMENTING A 12.7% (REVISED FROM 12.8%) POTABLE WATER INCREASE, EFFECTIVE JANUARY 1, 2025, AND DIRECT STAFF TO FINALIZE AND MAIL RATE INCREASE NOTICES f) ADOPT THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY’S (ACWA JPIA) COMMITMENT TO EXCELLENCE (C2E) PROGRAM g) AWARD A PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT (AGREEMENT) TO HELIX ENVIRONMENTAL PLANNING, INC. (HELIX) AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH HELIX FOR THE SAN MIGUEL HABITAT MANAGEMENT AREA AND CIP- 6 ASSOCIATED MITIGATION PROJECTS IN AN AMOUNT NOT-TO-EXCEED $536,976 DURING FISCAL YEARS 2025, 2026, AND 2027 h) APPROVE TO INCREASE THE BUDGET FOR CIP P2228 BY $2,388,325 AND P2563 BY $2,051,770 AND AUTHORIZE THE GENERAL MANAGER TO AWARD CONSTRUCTION CONTRACT(S) TO PACIFIC HYDROTECH FOR THE 870-2 RESERVOIR 3.4 MG AND 870-1 RESERVOIR IMPROVEMENT PROJECTS IN AN AMOUNT NOT-TO-EXCEED $20,896,264 INFORMATIONAL ITEM 11. DISTRICT METER CHANGEOUT PRJECT AND ADVANCED METERING INFRASTRUCTURE UPDATE Customer Service Manager Andrea Carey provided a PowerPoint Presentation to the board. Director Croucher left the dias at 6:11 p.m. and returned to the dias at 6:14 p.m. Ms. Carey stated that staff plans to apply for future grants as they become available. President Lopez inquired about the process of receiving grants. Ms. Carey stated that there are bi-annually reporting periods for the grant where the district submits an expenditure report and receives a 50% reimbursement as long as the completed work was in relation to the project. She noted that the Finance Department receives the reimbursement through a portal. Director Croucher shared that at the August 2024 Finance Committee meeting, there was a discussion on promoting rebate offers to customers, the capability of controlling meters (shut off) where necessary, and collaborating with insurance companies who require residents to have leak detection equipment installed in their homes to prevent water waste. In response to a question from Director Robak, Ms. Carey stated that Olivenhain Municipal Water District, city of Oceanside, and Rancho Santa Fe Irrigation District has deployed fixed network and cellular systems. She responded to additional comments and questions from the board. REPORTS 12. GENERAL MANAGER REPORT General Manager Martinez stated that he had no specific highlights in his GM Report to discuss. There were no questions from the board. 13. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Croucher stated that CWA staff presented the progress of the MWD Climate Adaption Master Plan for water and stated that the one-year report was completed and 7 an evaluation criteria was established which is now running sample scoring of projects and programs. He also shared that CWA approved a Member Agency Funding Program that added $100,000 to the regional water loss program. There was an update to SDCWA’s Master Plan, specifically on efficiency projects optimizing the system such as changing pipelines from raw to treated. He also stated that CWA identified one project that will save money, but not during relining and during shutdowns. Total savings are anticipated to be $30-$40 million over the next 10 years. Director Croucher also shared that the general counsel’s contract was extended for another 4 years with a 5% COLA, 2% Merit, and added vacation time. 14. DIRECTORS' REPORTS/REQUESTS Written reports from Directors Croucher, Keyes, and Robak were submitted to District Secretary Ramos-Krogman, which will be attached to the minutes for today’s meeting. 15. PRESIDENT’S REPORT President Lopez stated that former director, Tim Smith, will continue to represent the Otay Water District on the San Diego County Water Authority for at least another 2 months. President Lopez thanked Director Croucher for taking Mr. Smith’s place on the Finance and Administrative Committee. A written report from President Lopez was submitted to District Secretary Ramos-Krogman and will be attached to the minutes for today’s meeting. OTAY WATER DISTRICT FINANCING AUTHORITY 16. NO MATTERS TO DISCUSS There were no items scheduled for discussion for the Otay Water District Financing Authority board. 17. ADJOURNMENT With no further business to come before the Board, President Lopez adjourned the meeting at 6:38 p.m. President ATTEST: District Secretary OTAY WATER DISTRICT BOARD OF DIRECTORS PER DIEM AND MILEAGE CLAIM FORM Pay To: Jose Lopez Period Covered: Employee Number: From: 8/1/2024 To: 8/31/2024 ITEM DATE MEETING PURPOSE/ ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 8/1/24 OWD Board Agenda Briefing 2 8/2/24 CV Chamber of Commerce First Friday Breakfast (NO CHARGE) 3 8/3/24 OWD OWD Employee Picnic (NO CHARGE) 4 8/6/24 WCG/JPA Water Conservation Garden 24 5 8/7/24 OWD Regular Board Meeting 19 6 8/8/24 OWD Committee Agenda Briefing 7 8/14/24 OWD Finance/Admin Committee Meeting 19 8 8/15/24 OWD Quarterly General Manager Meeting 9 8/27/24 OWD City CV/Sweetwater Auth/OWD 15 10 8/28/24 OWD Ad Hoc Salt Creek GC Committee 11 8/29/24 OWD Board Agenda Briefing 38 39 OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Gary Croucher Period Covered: Employee Number: From: 08/01/24 To: 08/31/24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED (Via Teleconference) MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 08/07/24 OWD Meeting Monthly Regular Board Meeting 2 08/13/24 OWD Meeting CPRL&L Committee Meeting 3 08/14/24 OWD Meeting Finance & Admin Committee Meeting 4 08/21/24 OWD Meeting CWA Matters Meeting with Director Smith and GM Martinez 5 6 7 8 9 OTAY WATER DISTRICT BOARD OF DIRECTORS PER DIEM AND MILEAGE CLAIM FORM Pay To: Ryan Keyes Period Covered: Employee Number: From: 8-1-24 To: 8-31-24 ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS 1 8-7-24 OWD Board Meeting Monthly Board Meeting 0 0 2 8-9-24 Quarterly Meeting with GM Quarterly Meeting with GM 0 0 3 8-21-24 UWI Conference Water Conference- Day #1 0 0 4 8-22-24 UWI Conference Water Conference- Day #2 0 0 5 8-23-24 UWI Conference Water Conference-Day #3 0 0 6 8-27-24 Inter-agency Water Task Force-Mtg Meeting with Chula Vista & Sweet Water 7 8-28-24 ACWA Regulatory Summer Committee ACWA Committee Meeting Mark Robak From:8/1/2024 8/30/2024 ITEM DATE MEETING PURPOSE / ISSUES MILEAGE HOME TO OWD OWD TO HOME MILEAGE OTHER LOCATIONS 1 8/1/2024 San Diego Regional Chamber of Commerce Sustainability & Industry Committee 0 0 2 8/1/2024 San Diego Regional Chamber of Commerce Business Mixer - NO CHARGE 0 0 3 8/2/2024 East County Chamber of Commerce First Friday Breakfast - NO CHARGE 0 0 4 8/3/2024 Otay Water District Picnic - NO CHARGE 0 0 5 8/6/2024 Water Conservation Garden JPA meeting 0 0 6 8/7/2024 Otay Water District Monthly Board Meeting 0 0 7 8/10/2024 Lakeside Water District 100th Anniversary Celebration - NO CHARGE 0 0 8 8/12/2024 Otay Water District Directors Quarterly Meeting with GM 0 0 9 8/13/2024 Otay Water District Conservation, Public Relations, Legal, and Legislative (CPRL&L) Committee 0 0 10 8/14/2024 Otay Water District Engineering, Operations, and Water Resources (EO&WR) Committee 0 15 11 8/15/2024 San Diego Chapter CSDA Quarterly Dinner Meeting - NO CHARGE 0 0 12 8/16/2024 South County EDC Binational Forum - NO CHARGE 0 30 13 8/21/2024 Urban Water Institute Annual Confererence 0 0 14 8/22/2024 Urban Water Institute Annual Confererence 0 45 15 8/23/2024 Urban Water Institute Annual Confererence 0 45 16 8/27/2024 San Diego Regional Chamber of Commerce Small Business Saturday Forum & Expo - NO CHARGE 0 0 17 8/27/2024 Otay Water District Ethics Training - NO CHARGE 0 0 18 8/28/2024 Otay Water District Ad-Hoc Salt Creek Committee 0 0 0 135 Pay To:Period Covered Employee Number OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM