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HomeMy WebLinkAbout10-09-12 Board Packet 1 OTAY WATER DISTRICT BOARD OF DIRECTORS MEETING DISTRICT BOARDROOM 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA TUESDAY October 9, 2012 3:30 P.M. AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF SEP- TEMBER 5, 2012 AND SPECIAL MEETING OF SEPTEMBER 11, 2012 5. 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 CONSENT CALENDAR 6. 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) APPROVE AN ADJUSTMENT TO THE WHEELING RATE FOR THE DE- LIVERY OF TREATY WATER TO THE CITY OF TIJUANA TO $58.14 FOR CALENDAR YEAR 2013 b) ADOPT ORDINANCE NO. 532 AMENDING THE DISTRICT’S CODE OF ORDINANCES, SECTION 72, PENALTIES AND DAMAGES; APPENDIX A, SECTION 72.05.D.A WITH REFERENCE TO TYPE I AND TYPE II FINES; AND CLARIFYING CUSTOMER REQUESTS FOR BOARD RE- VIEW 2 c) APPROVE ORDINANCE NO. 535 AMENDING SECTION 6, CONFLICT OF INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCES TO UPDATE THE GIFT LIMIT, THE DEFINITION OF PROHIBITED IN- COMPATIBLE ACTIVITIES, EXPAND THE LIST OF POSITIONS RE- QUIRED TO FILE A FORM 700 , UPDATE/DELETE POSITION TITLES THAT NO LONGER EXIST AND AMEND THE DISCLOSURE CATEGO- RIES d) CAST VOTES FOR A REGULAR DISTRICT MEMBER ON LAFCO’S COMMISSION AND EIGHT (8) SPECIAL DISTRICTS ADVISORY COM- MITTEE MEMBERS IN THE LAFCO SPECIAL DISTRICTS 2012 ELEC- TION e) APPROVE A PROFESSIONAL AS-NEEDED CONSTRUCTION MAN- AGEMENT AND INSPECTION SERVICES CONTRACT TO ALYSON CONSULTING IN AN AMOUNT NOT-TO-EXCEED $350,000 FOR A PE- RIOD OF THREE (3) FISCAL YEARS (FY 2013 TO FY 2015) f) APPROVE A PROFESSIONAL AS-NEEDED ENGINEERING DESIGN SERVICES CONTRACT TO AEGIS ENGINEERING MANAGEMENT, INC. IN AN AMOUNT NOT-TO-EXCEED $300,000 FOR A PERIOD OF TWO (2) FISCAL YEARS (FY 2013 TO FY 2014) g) APPROVE A CONSTRUCTION CONTRACT TO LAYFIELD ENVIRON- MENTAL SYSTEMS CORPORATION FOR THE FLOATING COVER RE- PLACEMENT AT THE 624-1 RESERVOIR IN AN AMOUNT NOT-TO- EXCEED $497,050 ACTION ITEMS 7. BOARD a) APPOINT AN AD HOC EMPLOYEE NEGOTIATIONS COMMITTEE FOR UPCOMING NEGOTIATIONS WITH THE OTAY WATER DISTRICT EM- PLOYEE ASSOCIATION b) DISCUSSION OF 2012 BOARD MEETING CALENDAR INFORMATIONAL ITEMS 8. THE FOLLOWING ITEMS ARE PROVIDED TO THE BOARD FOR INFORMA- TIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS: a) UPDATE ON DIRECTOR’S EXPENSES FOR THE 4TH QUARTER OF FISCAL YEAR 2012 (PRENDERGAST) 3 b) STRATEGIC PLAN FISCAL YEAR-END 2012 UPDATE REPORT (STE- VENS) c) REPORT ON INVESTMENT PROCEDURES (OWEN) REPORTS 9. GENERAL MANAGER’S REPORT a) SAN DIEGO COUNTY WATER AUTHORITY UPDATE 10. DIRECTORS' REPORTS/REQUESTS 11. PRESIDENT’S REPORT/REQUESTS 12. ADJOURNMENT All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the District’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability which would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at (619) 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on October 5, 2012, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time be- ing at least 72 hours in advance of the regular meeting of the Board of Directors (Gov- ernment Code Section §54954.2). Executed at Spring Valley, California on October 5, 2012. /s/ Susan Cruz, District Secretary 1 MINUTES OF THE BOARD OF DIRECTORS MEETING OF THE OTAY WATER DISTRICT September 5, 2012 1. The meeting was called to order by President Lopez at 3:33 p.m. 2. ROLL CALL Directors Present: Gonzalez, Lopez, Robak and Thompson Directors Absent: Croucher (out-of-town on pre-scheduled vacation) Staff Present: General Manager Mark Watton, Asst. General Manager German Alvarez, Attorney Richard Romero, Chief Financial Officer Joe Beachem, Chief of Engineering Rod Posada, Chief of Information Technology Geoff Stevens, Chief of Administration Rom Sarno, Chief of Water Operations Pedro Porras and District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by Director Robak, seconded by Director Thompson and carried with the following vote: Ayes: Directors Gonzalez, Lopez, Robak and Thompson Noes: None Abstain: None Absent: Director Croucher to approve the agenda. 5. APPROVE THE MINUTES OF THE REGULAR BOARD MEETINGS OF AUGUST 1, 2012 A motion was made by Director Thompson, seconded by Director Robak and carried with the following vote: Ayes: Directors Gonzalez, Lopez, Robak and Thompson Noes: None Abstain: None Absent: Director Croucher AGENDA ITEM 4 2 to approve the minutes of the regular board meeting of August 1, 2012. 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. Chief of Information Technology Geoff Stevens introduced Mr. Adolfo Segura, Information Technology Manager, who joined the District from the Port of San Diego where he worked for a number of years. He stated that the District is very happy to have him as part of the team. CONSENT ITEMS 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: Upon a motion by Director Robak, seconded by Director Gonzalez and carried with the following vote: Ayes: Directors Gonzalez, Lopez, Robak and Thompson Noes: None Abstain: None Absent: Director Croucher to approve the following item on the consent calendar: a) APPROVE RESOLUTION NO. 4204 REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR THE ADJUSTMENT OF THE SERVICE AREA BOUNDARY BETWEEN THE OTAY WATER DISTRICT AND THE SWEETWATER AUTHORITY TO FACILITATE PROVIDING LANDSCAPE IRRIGATION SERVICE TO THE SR-125 MEDIAN AND SHOULDERS ACTION ITEMS 8. BOARD a) DISCUSSION OF 2012 BOARD MEETING CALENDAR President Lopez indicated that he will be out-of-town on October 3, the date of the next scheduled board meeting. Director Thompson indicated that he would also be out-of-town during the October board meeting and would be unable to attend. President Lopez asked that District Secretary Cruz check board members’ 3 availability the following week, possibly October 10, to reschedule the meeting. President Lopez also noted that a Special Board Meeting for a Board Workshop is scheduled next Tuesday, September 11, 2012. INFORMATIONAL ITEMS 9. THE FOLLOWING ITEM IS PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM: a) UPDATE REPORT ON THE 4TH QUARTER OF FISCAL YEAR 2012 CAPITAL IMPROVEMENT PROGRAM (KAY) Associate Civil Engineer Daniel Kay presented the fourth quarter CIP update in which he highlighted the status of CIP expenditures, significant issues and progress milestones on major projects. He indicated that the Fiscal Year 2012 CIP consists of 75 projects totaling $24.1 million and that the overall expenditures through the fourth quarter of Fiscal Year 2012 totaled approximately $18.7 million, which is about 78% of the District’s fiscal year budget. He presented a slide showing a graph of the CIP budget forecast of $24.1 million and the actual expenditures of $18.7 million for FY 2012. He also presented a map showing the District’s major CIP projects, their status and their location within the District’s service area. He stated, of the 25 projects depicted, two are in the planning stage, twelve are in design, seven are in construction and four have been completed and are in service during the fiscal year. He reviewed the status of the District’s flagship projects which included the 944-IR Recycle Water Pump Station Improvements, Ralph W. Chapman Recycled Water Facility Upgrades, La Presa System Improvements and the Calavo Gardens Sewer Rehabilitation Project. Associate Civil Engineer Kay had indicated with regard to the Calavo Gardens Sewer Rehabilitation project that a change was made to the construction method. The original method was jack and bore (tunneling beneath the surface) which has been changed to the trench method. The new method will save approximately $20,000 and will provide for a shorter timeframe for construction (one month versus three months), reducing impact/disruption to the community. As part of the construction, the District will also provide an additional storm drain which will help reduce flooding in the area. It was indicated that seven to eight homes, located just off of Avocado prior to the 94 freeway onramp, will be impacted by the project. Associate Civil Engineer Kay indicated that staff has met with the homeowners to explain the project and the benefits of the new construction method and the homeowners and the Valle de Oro Planning Group are supportive of the project. The project is expected to be completed in December 2012 or January 2013. There was further discussion that the Calavo Gardens sewer pipes were built in the 1960’s and that the CCTV inspection had shown sags in the pipe which is the reason the District is replacing the pipe. The life expectancy of the new pipe is 80 to 90 years. 4 Associate Civil Engineer Kay also presented slides that provided the status of the various consultant contracts for planning, design, public services, construction/inspection and environmental services. He stated that excluding allowances, the net change order rate was 1.8% for the fourth quarter. He also noted that staff updated the Consultant Status Spreadsheets to clarify which projects the consultants are actually working on. REPORTS 10. GENERAL MANAGER’S REPORT SAN DIEGO COUNTY WATER AUTHORITY (CWA) UPDATE General Manager Watton indicated that there is continuing discussion at CWA regarding the Carlsbad Desalination Project. He stated that CWA held a special board meeting on September 13 and that another meeting will be scheduled to continue the discussion on the water purchase agreement. He stated that the water purchase agreement was to be presented in August, but due to continuing negotiations it has been delayed. General Manager Watton also highlighted information from his report that included the District’s Gallon per Capita per Day consumption, the School Education Program, the customer rate notices, the Carlsbad Desalination Project’s impact on water rates, the Otay Interconnect Pipeline, the Calavo Gardens Sewer Rehabilitation Project, SDG&E’s rate increase and water purchases. Director Thompson inquired if the District has considered installing solar to take advantage of federal and state tax credits and to get low cost electricity from a company that leases the solar equipment. He noted that at the end of the lease hold, the system is then bought for a nominal fee by the public agency. He stated that he sees many public agencies taking advantage of this. General Manager Watton indicated that the District has not looked at what other agencies are doing, but staff did research the possibility of utilizing solar power at the District. One of the issues in installing solar is monetizing the tax credits to reduce the overall installation cost as the District is non-taxable. The power purchase agreements (PPA) also demand long term commitments and the District did not feel it was a viable business model for the District to enter into. Since that time, the power companies (SDG&E, PG&E, etc.) have filed with the Public Utilities Commission (PUC) to change the power purchase agreement for net metering, etc., that severely disadvantages organizations/residential customers that sign such agreements. The District did not know this at the time it vetted the possibility of installing solar, so it was fortunate that the District did not sign a PPA. It was discussed that controlling the cost of power will be an important objective for the District and the board requested that a workshop be scheduled in the future to discuss power cost. 5 11. DIRECTORS' REPORTS/REQUESTS Director Thompson inquired, with regard to the General Manager’s report, about the budgeted revenues for new meter sales (page 7). The report indicates that revenues for new meter sales were $128,421 against a budget of approximately $4 million. He stated that this is large difference between the projected sales versus the actual sales. General Manager Watton explained that the $128,421 represents one month’s revenue of the twelve months in Fiscal Year 2013. Staff is projecting $4 million total for the fiscal year. He stated that staff develops the meter sales budget through discussions with the developers and staff has a high level of confidence that $4 million is an accurate number. He noted that if developer projects are delayed, then the revenues come in later than anticipated, but it is expected that the meter sales will be very close to estimate. It was noted that last fiscal year, meter sales came in exactly as projected at $4.4 million. Director Robak provided members of the board a copy of a CWA spreadsheet showing the water sales to its member agencies from FY 2002 to FY 2011. He stated that he is very worried that CWA will be executing an agreement with Poseidon to purchase water from their Carlsbad Desalination Project when CWA’s water sales (to its member agencies) have decreased 32% from FY 2002 to FY 2011. He stated that it did not make any sense to put money into a project that would produce water that is twice the cost of current water cost. He also stated that staff just indicated that the cost of electricity would be going up possibly 50%. He stated that and the largest cost for desalinated water is power. He indicated that he was not sure that the increase in electricity cost was calculated into the estimated cost of $2,400 per acre foot (AF) for desalinated water from the Carlsbad Plant. He stated that when he first came to the District, the cost per AF was estimated at $800/AF, two (2) years ago it was $1,200/AF, and now it is estimated at $2,400/AF. He stated that understands that staff needs to review the project, but he felt the project does not make any sense and he did not support the Carlsbad Desalination Project. General Manager Watton indicated that he and Director Croucher do not have enough information to make an informed decision at the moment. He stated that they wished to see the Water Purchase Agreement and get a copy of the analysis of what the current water supply issues are. He noted that the cost of water currently being purchased from CWA is not fixed either. He stated that it is not certain what the supply issues are and CWA hasn’t provided the information needed for the District’s staff to analyze and form an opinion. 12. PRESIDENT’S REPORT President Lopez reported on meetings he attended during the month of August 2012 (a list of meetings he attended is attached). He also thanked the District’s attorney, Richard Romero, for sitting in for District General Counsel, Dan Shinoff, at today’s meeting. 6 13. ADJOURNMENT With no further business to come before the Board, President Lopez adjourned the meeting at 4:38 p.m. ___________________________________ President ATTEST: District Secretary 7 President’s Report September 5, 2012 Board Meeting A) Meetings attended during the Month of August 2012: 1) August 1: Regular Board Meeting 2) August 7: Attended planning meeting with General Managers and Board Presidents to discuss the agenda for a Joint Agency Board Meeting. Attendees: Helix WD, Lakeside WD, Otay WD, Padre Dam MWD and Sweetwater Authority. 3) August 16: Committee Agenda Briefing. Met with General Manager Watton to review items that will be presented at the August Committee meetings. 4) August 31: Board Agenda Briefing. Met with General Manager Watton and General Counsel Daniel Shinoff to review items that will be presented at the September Board Meeting and September 11 Board Workshop/Special Meeting. 1 MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OTAY WATER DISTRICT September 11, 2012 1. The meeting was called to order by President Lopez at 3:35 p.m. 2. ROLL CALL Directors Present: Croucher, Gonzalez, Lopez, Robak and Thompson Directors Absent: None Staff Present: General Manager Mark Watton, General Counsel Daniel Shinoff, Chief of Information Technology Geoff Stevens, Chief Financial Officer Joe Beachem, Chief of Engineering Rod Posada, Chief of Operations Pedro Porras, Chief of Administration Rom Sarno, District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE A moment of silence was observed to honor those who lost their lives in the September 11 attacks in 2001. 4. APPROVAL OF AGENDA A motion was made by President Lopez, seconded by Director Croucher and carried with the following vote: Ayes: Directors Croucher, Gonzalez, Lopez, Robak and Thompson Noes: None Abstain: None Absent: None to approve the agenda. 5. 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. AGENDA ITEM 4 2 WORKSHOP 6. DEMONSTRATION OF AMERICAN AVK COMPANY’S FLOWGUARD II FIRE HYDRANT CHECK VALVE General Manager Watton indicted that staff will be demonstrating a fire hydrant device that stops/reduces the flow of water from a hydrant when it is hit. He stated that staff is working to include the new device in the Water Agencies Standards (WAS). The demonstration was held in the District’s Operations Yard. Staff demonstrated how the Valve Check device worked when a hydrant is hit. The device has a ball within the valve and the ball rises to seal off the flow of water from the main when a hydrant is hit. It was noted that the Valve will still allow a small jet of water to pass to indicate that the hydrant has been hit/broken. Staff stated that approximately 25 hydrants are hit annually in the District’s service area. Staff also shared that the cost to repair a hit hydrant is approximately $10,000 versus $2000 with this new device. The cost of the new Valve is $684 which is a $100 less than the current device. The flow of water from a hit hydrant is also reduced from 2000 gallons per minute (GPM) to 20 GPM. The District will realize savings annually with the use of this new Check Valve. 7. Due to time constraints, the following two (2) items were tabled:  TOUR OF THE OTAY WATER DISTRICT INTRANET SITE  DISCUSS NEWS/ARTICLE WEBSITES 8. UPDATE ON THE BAY-DELTA General Manager Watton presented an update on the conservation plan for the Bay-Delta. He showed a slide depicting the conveyance system for the Bay-Delta (see attached copy of presentation) that is proposed by Governor Brown. He stated that the project consists of 37 miles of tunnel pipeline with a total capacity of 9,000 cfs. He noted that the plan is still preliminary and changes are expected. He indicated that there are many environmental issues associated with the project and much of the mitigation land that will be used to offset the construction of the project will be located in Yolo County near Sacramento. This may pose a problem as placing much of the Yolo County land in mitigation, reduces tax revenues for the County which will significantly impact their economy. He stated that this issue is not yet being addressed or fully appreciated. 3 On July 25, 2012 the Governor and Secretary of Interior held a press conference and spoke of the State and Federal Joint Recommendations for the Bay-Delta Conveyance System. The recommendations were to downsize the conveyance tunnel pipeline from 15,000 cubic feet per second (CFS) to 9;000 CFS, reduce the intakes on the Sacramento river from five to three with a capacity of 3,000 CFS, and gravity flow the system instead of utilizing pumps. He indicated that only half of the $11 billion bond issue is designated for water projects. The plan is to decide while building the Bay-Delta conveyance system (‘decision tree:’ make decisions as the project is built over the next 10-15 years), to either adjust it up or down depending on the achievement of biological goals and objectives. Once the construction of the tunnels is complete, the operating criteria will be based on the adjustments made to the project during construction. The outcome of the project may result in less water than the present 4.9 million acre feet (MAF) per average year that is available from the Bay-Delta. The actual yield, however, will not be known until construction is complete. Currently MET is taking approximately 1.3 MAF per year. Its full entitlement is 1.9 MAF. The expected cost of the tunnels is $13 billion over the ten (10) years to construct the project and the cost will be borne by the state and federal water contractors. At some point bonds will be sold to fund the project and the organizations who will underwrite the bonds will require a step-up provision. That is, if contractors drop out, then the remaining contractors will pick-up the default. If the remaining contractors drop out, then MET will be responsible for 50% of the cost. MET, at the moment, is expected to pick-up 25% of the cost of the tunnel project. They do not yet have contractual commitments from their member agencies and the impact of the project to the cost of water still requires further financial analysis. A good analysis must be done to assure that MET does not get into a situation that threatens its ability to deliver water to its member agencies. General Manager Watton indicated that the next steps are that the State and Federal contractors must decide whether the reduced yield from the proposed Bay- Delta conveyance system is worth the expense. They also must determine what reliability the new conveyance system will provide the southern region and the rate that will be charged for the water; will it be reasonable/affordable. He stated that the environmental costs will be large and there will be many water rights issues to work through. A public review of the Bay Delta Conservation Plan (BDCP) and the Environmental Impact Report from the Federal and State is expected this month (September). He stated that because of the severity of the Bay-Delta issue, he felt that everyone will start listening/working together. It may take a year or two, but he is optimistic that they will come up with a solution. It likely, however, will not be the solution that Governor Brown just announced. 9. LEGISLATIVE UPDATE 4 Ms. Chris Frahm of Brownstein, Hyatt, Farber & Schreck provided an update on current legislation impacting the water industry. She indicated with regard to the Bay-Delta, that there was a number of finance committee meetings scheduled to discuss the BDCP, however the committee never met. The plan was that the committee would present a financing proposal for the Bay-Delta. The question is, however, who will pay for the Bay-Delta project; 1) Federal and State Governments; 2) member agencies; or 3) the public through taxes. At the moment, the federal and state government budgets are not in a position to pay the billions it will require to fix the Bay-Delta and MET member agencies are not willing to sign a long term contract that indicates how much they would take from the Bay-Delta until they know the cost. Funding through taxation is also not likely as residents will not vote to pay higher taxes unless they present the Bay-Delta project in a way that the residents would support it. It is felt that in the end, all will agree that the Bay-Delta issues must be addressed, however, the solution will likely be a smaller more modest project. It will include more local resources, such as, recycled water, desalination, conservation, etc. Until a decision is made, Ms. Frahm recommended that the District keep watch on the status of the BDCP. She indicated that last year was a slow year in terms of legislative bills. She shared that Assemblymember Michael Allen introduced a bill that provides for a human’s right to clean, safe and affordable water. The bill passed in the legislature and is being lead by the Environmental Justice Group in Central Valley. It is felt that the Governor will likely sign this bill. There are concerns by the water agencies on the legislation’s impact on their ability to collect on delinquent water bills. The AWWA is actively addressing this bill. General Manager Watton indicated that this legislation is mainly aimed at the farm area water suppliers where there are high nitrates, farm chemical pollutants, etc., in the water supply. Ms. Frahm noted that there is language included in the legislation that satisfied most water retailers that the legislation would not be utilized to provide consumers an option to default on their water bills. Ms. Frahm also shared that there was a lot of tension on the regulating utilities because many utilities had rate cases pending last year. This brought a lot of attention to rates in the past year in the PUC regulating arena. A state audit is currently underway. This does not really impact the District, but it is an item to watch. Ms. Frahm noted that at the end of the next term, every legislator who was involved with the water bond will no longer be in office. The likely hood of the newly elected legislature to support the $11 billion bond is not very high as the bond includes items from former legislative members to assure that the initiative had their support. It is felt that items will be trimmed from the bond. She noted that even if such items were trimmed from the bond, the bond would still not be enough to pay for 5 mitigation and restoration costs, which will be substantial. The bond would only be enough to cover the cost to construct the pipeline. Another item impacting the Bay-Delta Project is the length of time it is taking to agree and complete the project. Each year that goes by, more of the local agencies are looking to augment their own local supplies through various projects that include recycled water, desalination, conservation, etc. This may provide for less demand for water from the Bay-Delta. She lastly noted that this year is an election year and the democrats are within two (2) seats of having a 2/3 majority in both the Senate and the Assembly. It is predicted that the democrats would be successful in achieving the 2/3 majority in the Senate, but likely not in the assembly. It should be a very interesting next year. Director Thompson inquired if a study has been done that looked at the true statewide need for water resources that includes all state water agencies resources. Ms. Frahm indicated that the California water plan has been improved over the last 10 years and it was very much focused on integrated regional water management planning. The plan integrated what all agencies would do together. Senator Wolk’s bill is based on this planning. She asked all agencies to show what their resources needs are and to show that they have explored all possible local resources to meet their agency’s water needs prior to including water from the Bay- Delta as a resource. This work has been underway for quite some time. As there is no funding for these huge projects, it is important for the local agencies to fund as much of their needs as possible. Director Robak inquired what Ms. Frahm was referring to when she indicated that sales were down 30%; was she referring to San Diego County? Ms. Frahm indicated that she was referring to the southland region (Los Angeles, San Diego, San Bernardino, etc.). Director Robak further inquired if the democrats are solidly behind the proposed Bay-Delta conveyance system. Ms. Frahm indicated that there are many that are not in support of the proposed system due to environmental concerns and other issues. Director Gonzalez asked how long the State has been talking about the Bay-Delta issues. Ms. Frahm indicated that it has been discussed since the Bay-Delta was built in the 1960’s. The proposed peripheral canal failed through a public vote which started a dialogue on studies, proposals, etc. It will be some time before a fix is implemented. RECESS TO CLOSED SESSION 10. CLOSED SESSION 6 The Board recessed to closed session at 5:02 p.m. to discuss the following matter: a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION [GOVERNMENT CODE §54957.6] TITLE: GENERAL MANAGER RETURN TO OPEN SESSION 11. REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD MAY ALSO TAKE ADDITIONAL ACTIONS ON ANY ITEMS POSTED IN CLOSED SESSION The Board reconvened at 5:34 p.m. General Counsel Dan Shinoff indicated that no reportable actions were taken in closed session. 12. ADJOURNMENT With no further business to come before the Board, President Lopez adjourned the meeting at 5:34 p.m. ___________________________________ President ATTEST: District Secretary STAFF REPORT TYPE MEETING: Regular Board Meeting MEETING DATE: October 9, 2012 SUBMITTED BY: Rita Bell, Finance Manager PROJECT: DIV. NO. All APPROVED BY: (Chief) Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Adjust the Wheeling Rate for the Delivery of Treaty Waters to the City of Tijuana to $58.14 for Calendar Year 2013 GENERAL MANAGER’S RECOMMENDATION: That the Board authorize the General Manager to adjust the wheeling rate for the delivery of Treaty Waters to the City of Tijuana to $58.14 for Calendar Year 2013. COMMITTEE ACTION: See Attachment A. BACKGROUND: The District’s contract to deliver water to Mexico is currently in effect through November 9, 2013. Under terms and conditions of the contract, the District’s pricing for energy and Operations and Maintenance (O&M) costs attributable to water delivered to Mexico is due no later than 45 days prior to the start of each calendar year (CY) and will remain constant for the calendar year. To meet this required timing and adjust the rate effective January 1, 2013, the Board’s approval of the new rate is due to the United States Commissioner no later than November 16, 2012. Deliveries of water to Mexico are based on a purchase schedule provided by Mexico to the United States Commissioner on a calendar year basis, and each year’s deliveries are priced based on the most current calculation of prior fiscal years’ costs. On October 5, 2011, staff presented the results of their review and the Board approved a rate for CY 2012 of $65.39 per acre-foot. Since that time two charges reduced this rate. The first is an adjustment because SDG&E made estimated meter reads for the gas meter in FY 2011, and then they gave the District credits in FY 2012 to “true-up” the meter reads. The second is due to a more accurate method of calculating the O&M charge. AGENDA ITEM 6a ANALYSIS: Water is pumped to the Mexico connection from the District’s 870-1 Pump Station, which also pumps water to the District’s 870-1 Reservoir in the Otay Mesa area. There are a total of 4 energy bills (SDG&E) attributable to the pump station and these bills are used in the calculations for the energy portion of the rate the District charges Mexico. The water volumes pumped to both Mexico and the reservoir are added together, and the energy costs for Mexico are allocated based on the respective percentage of the total water volume. Similarly, maintenance costs for the District’s distribution infrastructure from CWA to the Mexico border connection are computed based on Mexico’s percentage of the total water volume pumped through that portion of the District’s infrastructure. The energy costs are then added to the maintenance and repair costs and expressed as an overall rate per acre-foot. Based on the methodology described above, staff has recalculated the “unit payment due OWD for delivery charges and other expenses ($/acre-foot)” to be used by the San Diego County Water Authority (CWA) on their monthly billing invoices to Mexico for water deliveries. Effective January 1, 2013, the proposed rate is $58.14 per acre-foot. FISCAL IMPACT: None. This adjustment maintains the District in a projected cost neutral position. STRATEGIC OUTLOOK: Strengthen the long-term financial plan. LEGAL IMPACT: None. General Manager Attachments: A) Committee Action Form B) Rate Calculation Sheet ATTACHMENT A SUBJECT/PROJECT: Adjust the Wheeling Rate for the Delivery of Treaty Waters to the City of Tijuana to $58.14 for Calendar Year 2013 COMMITTEE ACTION: That the Finance, Administration and Communications Committee recommend that the Board authorize the General Manager to adjust the wheeling rate for the delivery of Treaty Waters to the City of Tijuana to $58.14 for Calendar Year 2013. O&M Costs 870/571 Reservoirs / Pump Stations Fiscal Years 2011 - 2012 Costs O&M Energy Total FY 2012 46,472.42 (1) 110,980.90 157,452.32 Consumption or Sales (In AF)PZ 871 Mexico Total FY 2012 2,708.26 - 2,708.26 Unit Cost (per AF)O&M Energy Total FY 2012 17.16 40.98 58.14 CY Charges to Mexico O&M Energy Total CY 2013 17.16 40.98 58.14 Attachment B Calculation of Costs, Based on Audited Fiscal Year Expenses Mexico Water Rates, on a Calendar Year Basis (1) The actual cost have been inflated to reflect the increase in labor and benefit cost that was budgeted in FY 2013, as this is a projection for next year's cost. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 PROJECT: Various DIV. NO. ALL SUBMITTED BY: William Granger Water Conservation Manager APPROVED BY: Rom Sarno, Chief of Administrative Services German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: ADOPTION OF ORDINANCE NO. 532, REVISING SECTION 72, PENALTIES AND DAMAGES, AND APPENDIX A OF THE OTAY WATER DISTRICT’S CODE OF ORDINANCES, AND CLARIFYING CUSTOMER REQUEST FOR BOARD REVIEW GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Ordinance No. 532, approving the revisions to Section 72, Penalties and Damages, and Appendix A of the District’s Code of Ordinances, and clarifying the process for customer request for Board review. COMMITTEE ACTION: Please see “Attachment A”. PURPOSE: To adopt Ordinance No. 532, which adds clarifying language in Section 72, Penalties and Damages, and Appendix A of the District’s Code of Ordinances, and clarifies the process for customer request for Board review. ANALYSIS: District staff periodically reviews the District’s Policies and Procedures to ensure they are updated and consistent with District practices. Staff has reviewed Section 72 and Appendix A of the Code of Ordinances and recommends revisions to clarify the current practice related to Board review of any administrative fines or penalties imposed for violations of the Code of Ordinances. AGENDA ITEM 6b The proposed revisions to the Code are intended to clarify the current practice and eliminate any ambiguities regarding the process for customer request for Board review. Specifically, that Board review typically is only for any administrative fines that may be imposed by the General Manager and that if a review by the Board is requested, that it is not intended to be a full judicial-type hearing, where such matters as sworn testimony or cross examination of witnesses is allowed. Revisions to Appendix A will clarify Type I and II violations and eliminate types III and IV. Investigative Procedure If a possible violation of Section 72 is identified, observed, or reported, the District will investigate and document the findings. The investigation will include contacting the allegedly responsible party and/or property owner to investigate the alleged violation(s). The responsible party will be given ample opportunity to provide verbal, written, and pictorial exculpatory evidence as part of the District’s investigation. If the evidence does not exonerate the responsible parties, the District may assess cost and penalties, and administrative fines, and may take any other action or pursue any remedy to maintain the integrity of the system or protect the health and safety of our customers. When deemed necessary, immediate corrective action will be taken including reduction, suspension, or termination of service to the extent permitted by law. Recovering the District’s Costs (Assessment of Damages) At the conclusion of its investigation, the District will send a Notice of Violation to the responsible party along with any pertinent documentation. This notice will include a Summary of Damages incurred by the District in connection with investigating and remedying the violation. This may include costs for stolen water, broken/damaged facilities, staff time, attorney fees, and other related administrative costs. These costs and damages are assessed on to the customer’s regular water bill. If these charges are not paid when due or other arrangements have not been made with Customer Service such as a payment plan, the customer’s water service will be locked, pursuant to our standard process under Section 35 of the District’s Code of Ordinance. Assessment of Fines and Penalties In addition to recovering District costs, the General Manager may also impose an administrative fine. For the most severe violations (Type II), the fine amount may be up to $5,000. Type II violations include any violation that has the potential to endanger the health or safety of the public, including but not limited to, meter tampering; water theft; unauthorized connection, use, disabling, circumventing, or operation of District facilities; or knowingly filing a false report or statement required by a local health officer. The fine amount will be determined based upon the severity, duration, and reoccurrence of the violation. Board Review The General Manager will send a Notice of Administrative Fine to the responsible party. This notice will specify that should the customer wish to appeal the fine to the Board, a request must be made in writing to the District’s Board Secretary within ten (10) days from the date of the notice. Should the customer request Board review, the item will be agendized for consideration by the Board and the parties will be notified. The revisions to Section 72 makes it clear that Board review is not a full judicial-type hearing and will not allow for such matters as sworn testimony or cross examination of witnesses. The Board decision is final. FISCAL IMPACT: Joe Beachem, Chief Financial Officer N/A. STRATEGIC GOAL: N/A. LEGAL IMPACT: The proposed changes to Section 72 were submitted by the District’s Legal Counsel. Attachments: Attachment A – Committee Action Report Attachment B – Ordinance No. 532 Exhibit 1 - Revisions to Section 72 Exhibit 2 – Clean Copy of Section 72 Exhibit 3 – Revisions to Appendix A Exhibit 4 – Clean Copy of Appendix A ATTACHMENT A SUBJECT/PROJECT: ADOPTION OF ORDINANCE NO. 532, REVISING SECTION 72, PENALTIES AND DAMAGES, AND APPENDIX A OF THE OTAY WATER DISTRICT’S CODE OF ORDINANCES, AND CLARIFYING CUSTOMER REQUEST FOR BOARD REVIEW COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on September 17, 2012. The following comments were made:  Staff periodically reviews the District’s Policies and Procedures to ensure they are updated and consistent with the District’s current practices.  Section 72, Penalties and Damages, and Appendix A to the District’s Code was reviewed as part of this practice. Staff is recommending revisions to clarify the current process related to the Board’s review of any administrative fines or penalties imposed for violations of the Code.  The changes will clarify that the Board’s review is only for any administrative fines that may be imposed by the General Manager and the review is not intended to be a full judicial-type hearing.  Staff reviewed the Investigative Procedure described on page two (2) of staffs’ report. If the evidence introduced during the investigation does not exonerate the responsible party, the District will collect all costs related to investigating violations of Section 72, which may include legal fees, cost related to staff time, cost to repair damage to district property/facilities, administrative fines, penalties, etc.  Following the investigation, a recommendation is presented to the General Manager. If it is found that Section 72 was violated, the General Manager will forward a Notice of Violation, along with any fines/penalties being imposed for the violation(s), to the customer/responsible party. The customer has ten (10) days to appeal the fines/penalties, but the costs incurred by the District may not be appealed. o Staff clarified that there are two (2) components to the findings:  To recover the cost that the District incurred in relation to investigating the incident (staff time, legal costs, etc.). There are also costs that are already identified in the District’s code that could be collected, such as, the cost to lock a meter, the cost to replace a meter, etc. These costs are billed to the customer on their water bill.  Imposition of Administrative Fines. Depending upon the nature of the customer’s action, a punitive fine may be assessed. A separate letter is forwarded to the customer/responsible party and the customer is advised if they wish to appeal the Administrative Fines, they have ten (10) days to do so.  Should the customer appeal the imposed fines/penalties, the appeal will be forwarded to the board. Staff will notify the customer of the date of the board meeting where their appeal will be reviewed and advise the customer that the board’s decision is final.  In response to an inquiry from the committee, the District’s attorney indicated that, if the customer wishes to appeal the board’s action, they could file a Writ of Judicial Review through the judicial system. Generally, the court is very differential to the underlying agency. The District’s imposed fine/penalty would need to be very egregious for the court to overturn the District’s action.  The committee further inquired what are the standards that the District looks at in imposing fines. The District’s attorney indicated that there are no black and white rules. The District looks at what has been done in the past and tries to be consistent with similar instances in the past while considering the severity, duration, time of action, etc. The District caps penalties at $5,000. The committee supported staffs’ recommendation and presentation to the full board on the consent calendar. 1 ORDINANCE NO. 532 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AMENDING THE DISTRICT’S CODE OF ORDINANCES, SECTION 72, PENALTIES AND DAMAGES; APPENDIX A, SECTION 72.05.D.A WITH REFERENCE TO TYPE I AND TYPE II FINES; AND CLARIFYING CUSTOMER REQUESTS FOR BOARD REVIEW BE IT ORDAINED by the Board of Directors of Otay Water District that the District’s Code of Ordinances, Section 72, Penalties and Damages; Appendix A, Section 72.05.D.A with reference to Type I and Type II fines; and clarifying customer requests for board review; be amended as per Exhibits I, II and III attached to this Ordinance. NOW, THEREFORE, BE IT RESOLVED that the new proposed Section 72, Penalties and Damages; Appendix A, Section 72.05.D.A with reference to Type I and Type II fines; and language clarifying customer requests for board review; of the District’s Code of Ordinances shall become effective October 9, 2012. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting duly held this 9th day of October 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTACHMENT B 2 ________________________________ President ATTEST: _____________________________ District Secretary SECTION 72 PENALTIES AND DAMAGES 72.01 GENERAL[Type a quote from the document or the summary of an interesting point. You can position the text box anywhere in the document. Use the Text Box Tools tab to change the formatting of the pull quote text box.] A. User and Owner Responsibility. Each person receiving service, or that owns a property that receives service, agrees to pay the District any applicable fees and charges. Such persons are also responsible for all costs and damages in connection with any violation of this Code relating to their service. B. District Not Liable. The District shall bear no liability for any cost, damage, claim or expense (incurred by District or any responsible party or third party on behalf of the District) arising from or related to any violation, including, but not limited to, costs, damages, claims or expenses arising from any corrective action of the District. Such corrective actions, includeing, but are not limited to, the removal, confiscation, disposition or use of any device, equipment, improvement or material encroaching on any District property or used in connection with any other violation. C. District Obligation to Collect Damages. Pursuant to Government Code Section 53069.6, the District shall take all practical and reasonable steps, including appropriate legal action, if necessary, to recover civil damages for the negligent, willful, or unlawful damaging or taking of property of the District. D. Assessment of Damages. Actual damages resulting from any violation, including late payment or failure or refusal to pay for service and any interest thereon, may be assessed and collected as part of a customer’s monthly bill to the extent allowed by law. The District will separately invoice any actual damages not assessed on a monthly bill, including any damages assessed against any responsible person who is not a customer. E. Unpaid or Partially Paid Bills. Bills issued by the District are due, in full, as provided in such bills. Failure to timely pay bills in full may lead to a reduction, suspension, or termination of service, as provided in the paragraphSection 72.02(B), below, in Section 34 of this Code, or pursuant to other provisions of this Code or applicable law. In addition, if bills remain unpaid, in full or in part, the District may lien the delinquent real property and may assess damages and penalties established by District or otherwise authorized by law. E. 72.02 VIOLATIONS AND GENERAL PENALTIES FOR VIOLATIONS F.A. Notice of Violation. Notice and a reasonable period of time to correct a violation will be given prior to the termination, reduction or suspension of service or the imposition of any administrative fine. However, the District may, without notice, correct any condition or violation that endangers the health or safety or impairs Exhibit I Formatted: No underline Formatted: No bullets or numbering Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1.5" + Indent at: 1.5" any District service, facility or property or is otherwise determined by the District to require immediate action. 1. Investigative Procedures. If a possible violation is identified, observed or reported, the District will contact the allegedly responsible party to investigate. If the violation is in fact occurring, the District staff will issue a notice of violation or otherwise inform the responsible party that corrective actions must be taken within a period of time deemed reasonable by the District, taking into consideration the nature of the violation and the potential damage that can arise if the violation continues. 2. Content of Notice of Violation. The notice will describe the violation, indicate the actions that must be taken, and indicate the date by which those actions must be taken. Unless immediate action is required, the notice will provide a reasonable time for the violation to be corrected. The notice will also specify the amount of any delinquency, actual damages or other amounts due the District, if any, and the telephone number of a representative of the District who can provide additional information. 3. No Notice Required; District Action. If the District determines that immediate or prompt correction of the violation is necessary to prevent waste or to maintain the integrity of the water supply, systems or facilities of the District, or for the immediate protection of the health, safety or welfare of persons or property, or for any other compelling reason, the District will take any action deemed necessary (including suspension, reduction or termination of service; locking or removal of meters; or repairs of any improvements) and a notice will be left at the affected parcel specifying any further corrective actions required. Any costs incurred by District and any applicable fines will be the responsibility of the responsible party. 4. Notice; Failure to Comply. The responsible party will be given an opportunity to correct the violation and to provide verbal, written and pictorial exculpatory evidence. If such evidence does not exonerate the responsible parties and if the violation(s) are not corrected to the satisfaction of the District within the time provided, the District may assess cost and penalties, administrative fines and may take any other action or pursue any other remedy available. Furthermore, if the violation concerns any service requirement or facility, or to prevent waste or protect the integrity of the system or the health and safety of the public, the District may suspend, reduce or terminate service to the extent permitted by law. G.B. Service Termination, Suspension or Reduction; Removing or Locking Meters. Service may be reduced, suspended or terminated for failure to pay for service or in connection with a violation of this Code or applicable law. Termination, suspension or reduction of service will be proceed as follows: 1. Notice Prior to Termination, Suspension or Reduction of Service. Except as provided in Paragraph AF, above, or in other provisions of this Code or applicable law, not less than ten (10) days notice will be given prior to the date service is reduced, suspended or terminated; provided that, where service is terminated due to Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1.5" + Indent at: 1.5" failure to comply with the terms of an amortization agreement, under Section 34 of this Code, only forty-eight (48) hours prior notice is required. The notice will be delivered to the affected parcel and, if the owner of record does not reside in the affected parcel, a copy of the notice will be forwarded to the owner’s address on record with the assessor’s office via any available means, such as personal delivery, certified mail return receipt requested, email, fax or fed-ex. 2. Termination for failure to pay for service. The DDistrict may discontinue any or all service due to failure to pay the whole or any part of a bill issued by the District. In connection with termination of water service, the provisions of Section 60373 of the Government Code, or any other appropriate provision of law, or as set forth in Section 34 of this Code of Ordinance, will be followed. In connection with sewer, Section 71672 of the California Water Code or other applicable requirements will be followed. H.C. Reconnection or Reinstatement of Service, Unlocking or Reinstalling Meters. If service is reduced, suspended or terminated for any reason, each of the following conditions applicable to the situation must be satisfied or arrangements satisfactory to the General Manager or a designee must be made before service is reinstated: 1. Outstanding amounts for service bills, including any service charges for benefits derived from the violation, must be paid; 2. All required deposits (including any security deposits), actual damages, fines, costs, charges and penalties must be paid; 3. Any amounts due for the removal, locking, servicing, repair or replacement of meters or other facilities required for service, must be paid at the rates in effect at the time of reinstatement, as set forth on Appendix A to this Code or other schedule of fees then in effect; 4. All violations and related damages or conditions must have been corrected and/ or repaired and evidence satisfactory to the District to that effect and demonstrating that it is safe to reinstate service, must have been provided to and approved by the District; and 5. If the service was originally in the name of a tenant, the District may require the owner of the parcel to request the service account under his or her name and responsibility. I.D. Owner Responsibility for Account. In addition to owners’ obligations under subsection (A) of section 72.01 and subsection (C)(5) of Ssection 72.02, above, and any other remedies provided by this Code or by applicable law, Owners may be required to deliver to the District a form of acknowledgement or authorization for service to a tenant. In addition, if (i) a tenant engages in any violation, or (ii) if the District has reduced, suspended or terminated any service to a tenant three (3) times within any twenty-four (24) month period or (iii) the tenant has faileds or Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1.5" + Indent at: 1.5" Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1.5" + Indent at: 1.5" refuses to comply with the terms of payment arrangements with the District four (4) times, the District reserves the right to demand that the property owner take responsibility for services to the tenant-occupied parcel. The General Manager or a designee shall develop procedures to implement these requirements. J.E. Right of Access to Customer’s Premises; Interference. If any person refuses to consent to an investigation of a possible violation, or prevents or refuses to allow access to District staff or authorized representatives to any premises or facility during an investigation or in connection with any termination, reduction or suspension of service, the District may seek an injunction or a warrant, as provided in Section 71601 of the Water Code. K.F. Other Remedies. In addition to the actions contemplated in this Section, the District may seek other remedies authorized or required by any applicable law, including imposing an administrative fine, pursuant to Section 72.065, or pursuing other available civil or criminal remedies. 72.032 CERTAIN SPECIFIC OPERATIONAL VIOLATIONS A. Unauthorized Connections. The District shall bear no cost or liability for any unauthorized connection. In addition to other remedies, any unauthorized connection is subject to a Type IIn administrative $_____ fine, pursuant to Section 72.06 ranging between $500 and $1000 depending upon the severity, duration and reoccurrence of the violation and any other factors the District may reasonably take into consideration..and, at the option of the District, an administrative fine pursuant to Section 72.06. Further, the Further, the District may demand that the unauthorized connection be immediately disconnected. In the alternative, or if the customer refuses to take immediate action, or if immediate actions is necessary as set forth in Section 72.02(A)(3), above, tThe District may immediately disconnect, remove, confiscate, destroy or dispose of any parts installed or used for the unauthorized connection, all at the expense of the customer and any other responsible party. To the extent allowed by law, the District may also, immediately or as otherwise deemed advisable by the District, terminate service to any parcel and any person that allows, uses or benefits from such unauthorized connection. B. Water waste. No customer shall knowingly permit leaks or other wastes of water, including, but not limited to, allowing runoff on any portion of his or her property, engaging in non-permitted uses of water, or failing to take corrective action after notice of any leaks or water waste is given. If the District determines that water waste is occurring, the District will may: 1. Notify the customer that they are in violation of the District’s Code of Ordinances. 1.2. Notwithstanding the foregoingHowever, Wwithout prior notice, the District may, without prior notice, repair or replace any District controlled facilities, at the cost of the person identified as the responsible party, if any. 2.3. If the water waste is due to a condition within the customer’s property or facilities, the District may (i) require the customer to repair or replace the affected facilities, immediately or within a reasonable time, depending on the situation; or (ii) if necessary to prevent further waste, adjust, lock or remove the meter. If any repair or replacement required is not timely completed in a timely manner, the District may perform the repair or replacement at the cost of the customer or may terminate service without further notice. C. Meter Tampering. In addition to other remedies, tampering is subject to a Type II administrative fine pursuant to Section 72.06 in the amount of up500 to $5,1000., depending upon the severity, duration and reoccurrence of the violation and any other factors the District may reasonably take into consideration. _ ___ in addition to the fees set forth in Appendix A and, at the option of the District, an administrative fine pursuant to Section 72.06. Additionally, tampering may be prosecuted as a crime under Section 498 of the California Penal Code, as set forth in Section 73.01 of this Code. D. Fire Service Violation. FireSuch service is subject to compliance with all provisions of this Code and the law concerning water service, and failure to comply with such provisions may result in the reduction, suspension, termination or disconnection of water service for fire protection, without any liability to District. Furthermore, illegal connections or other violations relating to fire service may result in steepare subject to either a Type I or Type II fines, at the option of the District, and may be prosecuted as crimes. E. Backflow prevention, screens and other safety devices. If service requirements include the installation, testing and maintenance of backflow prevention devices (Section 23.04 of this Code), screens or other safety operational items, in addition to, or in lieu of, other remedies provided herein, the District may apply any of the remedies under Section VI and VII of the District’s Ordinance No. 386, as amended or renumbered. Furthermore, violations relating to backflow testing may be prosecuted as set forth in Section 73.01 of this Code. Violations of backflow requirements or knowingly filing a false statement or report required by a local health officer are subject to either a Type I or Type IIIV fine, at the option of the District, pursuant to Section 72.06, below. F. Violation Concerning Recycled Water Service. In addition to any fine, revocation, suspension or penalty imposed under Section 26 in connection with any violation of said Section, including permit suspension or revocation under Section 26.07.C, the District may (i) suspend or terminate water and or sewer service to the property, the owner and/or the operator; (ii) require payment by the owner for any damage to the District facilities, reimbursement to District of costs and expenses, or fines imposed on the District in connection with such violation; or (iii) prosecute the responsible party under any applicable provision of this Code, the Water Code or the Penal Code. Additionally, any violation concerning recycled water service is subject to either a Type II or Type II fine, at the option of the District, pursuant to Section 72.06, below. Comment [r1]: Could there be a health/safety risk from such violations? If not, perhaps it should be either Type 1 or Type II Comment [r2]: See prior comment Comment [r3]: See prior comment G. Violation Concerning Sewer Service. In addition to any other remedy, fine or penalty provided by this Code or applicable law, failure to comply with any requirements of sewer service, including requirements for the preservation of public health, safety and welfare and including, but not limited to, the requirements established under Article II, Chapter 2, Sections 50 to 56.04 of this Code, as hereafter amended or as supplemented by other District Rules and Regulations for Sewer Service, the California Health and Safety Code, the California Code of Regulations, Titles 17 and 22, and Water Agency Standards. Furthermore, may be prosecuted as set forth in Section 73.01 of this Code. Additionally, any violation concerning sewer service is subject to a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. G.H. Theft, Fraud, or Misappropriation. In addition to any other remedy, fine or penalty provided by this Code or applicable law, any violation involving theft, fraud or misappropriation of District water, services, or property is subject to a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. 72.043 VIOLATIONS OF CONSERVATION OR OTHER WATER USE RESTRICTION PROVISIONS The District has established and published conservation measures set forth in Section 39 of the Code. Commencing with declared Level 2 conditions, the District may assess water shortage rates and charges previously adopted. In addition, after notice of the declared water shortage level is given as required by law, any person who uses, causes to be used, or permits the use of water in violation of such requirements (other than a person who qualifies for an applicable exemption, if any) may be assessed damages, penalties and fines. A. Additional provisions concerning use restriction violations. In addition to payment of actual damages, the following may apply to a violation of any water conservation or water use restriction measure: 1. A change on the account holder shall not cause the account to revert to pre-violation status unless the new account holder provides evidence that it is not related to the violator and had no responsibility for the prior account. 2. The District may reduce, suspend or terminate service to any parcel immediately and without further notice if the violation involves or results in water waste, as set for in Section 72.03(B), above. 3. Willful violations of mandatory conservation measures described in Section 39 of this Code may be enforced by terminating service to the property at which the violation occurs, as provided by Section 356 of the California Water Code. B. Prosecution for violations of conservation measures. Pursuant to Section 377 and 71644 of the California Water Code, each violation of the District’s Conservation Ordinance, set fort in Section 39 of this Code, may be prosecuted as a Comment [r4]: See prior comment Formatted: No underline Comment [r5]: See prior comment misdemeanor, punishable by imprisonment in the County jail for no more than thirty (30) days or by a fine, as set forth in subsection (C)Section 72.05, below. B.C. Assessment of fines for violations of conservation or water use restriction provisions. Any responsible party who fails to comply with any conservation or use restriction measure is subject to the assessment of an administrative Type I fine, added to account, pursuant to Section 72.06, below. 72.054 VIOLATIONS INVOLVING DISTRICT REAL PROPERTY A. Removal, Disposition and Costs. The District has absolute discretion to determine the corrective action required in connection with any violation involving District real property, including requiring the owner of any unauthorized encroachment or improvement to remove it or taking action to remove it immediately and without notice. Any improvements or uses placed within or on any District property or right of way are subject to the following: 1. Costs and Damages. All costs and damages shall be the responsibility of the customer and any other responsible party. Furthermore, the District shall not be liable for costs to repair or replace any unauthorized encroachment or improvement, or any property, improvement or thing used in connection with, supported by or attached thereto. 2. Burden of proof. The burden shall be on the user to prove to the District’s satisfaction, the authority, scope and extent of any right to access, improve or use the District’s property. Only written evidence in the form of an agreement, deed, statute, recorded or official map or plat, governmental regulation or other right may be used to establish such claim of right. B. Notice. In connection with any improvement or use that does not constitute a health hazard and does not interfere with the District’s use of its property, the District will give written notice of up to sixty (60) days, at the discretion of the General Manager, to cease, terminate, eliminate or remove the offending improvement, structure or use. Any written notice will be given to the responsible party or posted at the property where the trespass or encroachment occurs. If the responsible party is not the owner of any real property affected by the violation, the District will also give notice to the owner of record at the address on record with the assessor’s office via personal delivery, certified mail return receipt requested or via Ffed-Eex. C. No noticeImmediate action. In connection with any improvement that constitutes a health hazard or interferes with the District’s use of any District property, the District will take any immediate action deemed necessary by the General Manager. D. Fines. In addition to all other remedies provided under this Article or under applicable law, the District may impose a fine as provided in Section 72.065. Additionally, the District may impose a fine up to either the amount specified on any sign, or a Type I or Type II fine, at the option of the District, in connection with any Formatted: Underline trespass on District property in violation of a sign prohibiting trespassing, pursuant to Section 72.06, below. E. Separate violation. A separate violation will accrue for each day after the deadline to cease, terminate, eliminate or remove the trespass or encroachment, as set forth ion the notice. 72.065 ADMINISTRATIVE FINES Any administrative fines established herein shall be in the nature of civil penalties and shall be additional and cumulative to any other administrative fines, damages or any other charges established by the District and are also separate from and cumulative to any other civil or criminal penalty, fine or remedy. In connection with each violation, the District may assess a fine up to the amount specified in the schedule of fines for the type of fine being imposed. Each day during which a violation is in effect constitutes a separate violation and violations are cumulative while the account is in the name of the original violator or any person that participated in or benefited from the violation. Except where the violation creates an immediate danger to health or safety, the person responsible for the continuing violation will be provided a reasonable period of time to correct or otherwise remedy the violation(s) prior to the imposition of administrative fines. A. Assessment of Fines for Violations of Conservation or Water Use Restriction Provisions. Any responsible party who fails to comply with any conservation or use restriction measure is subject to the assessment of an administrative Type I fine, added to account. B.A. Assessment of Fines for Technical Violations of Other Code Provisions. Any person who engages in a violation of any provision of this Code is subject to the assessment of a separate administrative Type I Ffine, unless subject to a more severe fine as set forth in this Code. C.B. Assessment of Separate Fines for Other Violations. If a higher limit is not otherwise specified in this Code or allowed by law, any act or omission with respect to any District service, system, facility or property, is subject to the following administrative fines: 1. A Type I or Type II fine, at the option of the District, for a violation involving theft, fraud or misappropriation of District water, services or property; 2. A Type II or Type III fine, at the option of the District, for a violation concerning sewer service; 3. Up to Type II or Type IV fine, at the option of the District, for a violation concerning recycled water service; and 4. Up to the amount specified on any sign or a Type I or Type II fine, at the option of the District, in connection with any trespass on District property in violation of a sign prohibiting trespassing. Nothing in this code or the limits specified per violation shall prevent the imposition of separate fines for each separate violation committed during a single act. For example, in connection with a violation concerning sewer service that involves a trespass on any portion of the District’s real property, separate fines may be assessed for the trespass, the damage to District personal property, the damage to District real property; the damage to the sewer system and the activity resulting on all the damages. D.C. Types of Fines. The amount for each type of fine specified below may increase automatically to reflect any higher amount authorized by law or regulation. The District has determined to establish four two types of fines based on the nature of the violation, as follows: 1. Type I Fine. Any violation that does not have the potential to endanger the health or safety of the public. The fine will not exceed the amount specified in the Ssection 36900(b) of the California Government Code, Section 36900(B) or Appendix A for a first, second, third or each additional violation of that same ordinance or requirement within a twelve-month period. 2. Type II Fine. Any violation that has the potential to endanger the health or safety, including, but not limited to, unauthorized or illegal connections, meter tampering, water theft, violations concerning sewer service (except those subject to a Type III fine, as set forth below), or water theft or pursuant to section 116820 of the Health and Safety Code, violates a backflow requirement, or knowingly filinges a false statement or report required by a local health officer . The fine will not exceed the amount specified on Appendix A per each day the violation is identified or continues. 3. Type III Fine. Pursuant to sSection 5411 of the Health and Safety Code, any person who without a discharge permit, or in violation thereof, causes or permits a discharge of sewage or other waste in a manner resulting in contamination, pollution or nuisance, and fails to immediately notify the local health officer of the discharge, is subject to a fine up to the amount specified on Appendix A per each day the violation is identified or continues. 4. Type IV Fine. Pursuant to sSection 116820 of the Health and Safety Code, a person who violates a backflow requirement, or knowingly files a false statement or report required by a local health officer, is subject to a fine up to the amount specified on Appendix A per each day the violation is identified or continues. E.D. Collection of Fines. Any fines assessed by the District are payable directly to the District, are due upon issuance, or as otherwise indicated on the notice or bill, and are delinquent 30 calendar days from the due date. F.E. Notice of Administrative Fine; Content. Notice of an administrative fine pursuant to this section will contain the following information: (i) a brief description of the violation(s); (ii) the date and location of the violation(s); (iii) a brief description of corrective action(s) required, as appropriate; (iv) a statement explaining that each day the violation continues constitutes a new violation; (v) in the case of violations creating an immediate danger to health or safety, the amount of civil penalty assessed or, in all other cases, the amount of civil penalty to be assessed if the violation(s) are not corrected within the time provided by the notice; (vi) a statement of the procedure for payment and the consequences of failure to pay; (vii) contact information for the District employee that should be contacted to discuss the notice and provide evidence of compliance; and (viii) a brief statement describing the responsible party’s right to request further evaluationreview within ten (10) calendar days from the date of the notice,consideration, pursuant to subsection (FG), below. G.F. Option Process for Option for Administrative Board Review and Recommendation to the Boardto Request Board Consideration. Current process: Staff reviews investigation and makes a recommendation to the Board. The customer is notified via the District Secretary and is invited to attend either the Board Committee or Board meeting and given the opportunity to address the Board. The Board will consider the matter and will have the final authority for review. Persons receiving a Notice of Administrative Fine may request Board considerationreview. The request for Board consideration must be in writing, must be received by the District Secretary within ten (10) calendar days from the date of the notice and must include contact information, an explanation of the basis for the request , and any supporting documentation said person(s) wish to provide to the Board for review and consideration. District staff will review the petitioner’s request and will make a recommendation to the Board in light of its investigation. The District will provide notice of the date, time and place for Board consideration review by electronic means, facsimile or first class mail sent to the return addressee indicated on the written request. G. Any fines assessed pursuant to the Notice of Administrative Fines must be timely paid notwithstanding the filing of a request for Board administrative review. At the time of Board considerationreview, the petitioner may present witnesses, documents or other evidence to address the Board and respond to the charges to and show good cause why the fine should not be imposed; however, the customer but is not entitled to a full judicial-type hearing with cross examination, sworn testimony, etc. In accordance with the provisions of Government Code Section 53069.4, the Board’s determination shall be final and conclusive, and shall be deemed confirmed, if not appealed within 20 calendar days to the Superior Court of the County of San Diego. Formatted: Underline Formatted: Indent: Left: 0", First line: 0.5",Numbered + Level: 1 + Numbering Style: A, B,C, … + Start at: 1 + Alignment: Left + Alignedat: 0.5" + Tab after: 1.5" + Indent at: 1.5",Tab stops: Not at 1.5" Formatted: Font: Italic SECTION 72 PENALTIES AND DAMAGES 72.01 GENERAL A. User and Owner Responsibility. Each person receiving service, or that owns a property that receives service, agrees to pay the District any applicable fees and charges. Such persons are also responsible for all costs and damages in connection with any violation of this Code relating to their service. B. District Not Liable. The District shall bear no liability for any cost, damage, claim or expense incurred by District or any responsible party or third party on behalf of the District arising from or related to any violation, including, but not limited to, costs, damages, claims or expenses arising from any corrective action of the District. Such corrective actions include, but are not limited to, the removal, confiscation, disposition or use of any device, equipment, improvement or material encroaching on any District property or used in connection with any other violation. C. District Obligation to Collect Damages. Pursuant to Government Code Section 53069.6, the District shall take all practical and reasonable steps, including appropriate legal action, if necessary, to recover civil damages for the negligent, willful, or unlawful damaging or taking of property of the District. D. Assessment of Damages. Actual damages resulting from any violation, including late payment or failure or refusal to pay for service and any interest thereon, may be assessed and collected as part of a customer’s monthly bill to the extent allowed by law. The District will separately invoice any actual damages not assessed on a monthly bill, including any damages assessed against any responsible person who is not a customer. E. Unpaid or Partially Paid Bills. Bills issued by the District are due in full as provided in such bills. Failure to timely pay bills in full may lead to a reduction, suspension, or termination of service, as provided in Section 72.02(B), below, in Section 34 of this Code, or pursuant to other provisions of this Code or applicable law. In addition, if bills remain unpaid, in full or in part, the District may lien the delinquent real property and may assess damages and penalties established by District or otherwise authorized by law. 72.02 VIOLATIONS AND GENERAL PENALTIES FOR VIOLATIONS A. Notice of Violation. Notice and a reasonable period of time to correct a violation will be given prior to the termination, reduction or suspension of service or the imposition of any administrative fine. However, the District may, without notice, correct any condition or violation that endangers the health or safety or impairs any District service, facility or property or is otherwise determined by the District to require immediate action. Exhibit II 1. Investigative Procedures. If a possible violation is identified, observed or reported, the District will contact the allegedly responsible party to investigate. If the violation is in fact occurring, District staff will issue a notice of violation or otherwise inform the responsible party that corrective actions must be taken within a period of time deemed reasonable by the District, taking into consideration the nature of the violation and the potential damage that can arise if the violation continues. 2. Content of Notice of Violation. The notice will describe the violation, indicate the actions that must be taken, and indicate the date by which those actions must be taken. Unless immediate action is required, the notice will provide a reasonable time for the violation to be corrected. The notice will also specify the amount of any delinquency, actual damages or other amounts due the District, if any, and the telephone number of a representative of the District who can provide additional information. 3. No Notice Required; District Action. If the District determines that immediate or prompt correction of the violation is necessary to prevent waste or to maintain the integrity of the water supply, systems or facilities of the District, or for the immediate protection of the health, safety or welfare of persons or property, or for any other compelling reason, the District will take any action deemed necessary (including suspension, reduction or termination of service; locking or removal of meters; or repairs of any improvements) and a notice will be left at the affected parcel specifying any further corrective actions required. Any costs incurred by District and any applicable fines will be the responsibility of the responsible party. 4. Notice; Failure to Comply. The responsible party will be given an opportunity to correct the violation and to provide verbal, written and pictorial exculpatory evidence. If such evidence does not exonerate the responsible parties and if the violation(s) are not corrected to the satisfaction of the District within the time provided, the District may assess cost and penalties, administrative fines and may take any other action or pursue any other remedy available. Furthermore, if the violation concerns any service requirement or facility, or to prevent waste or protect the integrity of the system or the health and safety of the public, the District may suspend, reduce or terminate service to the extent permitted by law. B. Service Termination, Suspension or Reduction; Removing or Locking Meters. Service may be reduced, suspended or terminated for failure to pay for service or in connection with a violation of this Code or applicable law. Termination, suspension or reduction of service will proceed as follows: 1. Notice Prior to Termination, Suspension or Reduction of Service. Except as provided in Paragraph A, above, or in other provisions of this Code or applicable law, not less than ten (10) days notice will be given prior to the date service is reduced, suspended or terminated; provided that, where service is terminated due to failure to comply with the terms of an amortization agreement, under Section 34 of this Code, only forty-eight (48) hours prior notice is required. The notice will be delivered to the affected parcel and, if the owner of record does not reside in the affected parcel, a copy of the notice will be forwarded to the owner’s address on record with the assessor’s office via any available means, such as personal delivery, certified mail return receipt requested, email, fax or fed-ex. 2. Termination for failure to pay for service. The District may discontinue any or all service due to failure to pay the whole or any part of a bill issued by the District. In connection with termination of water service, the provisions of Section 60373 of the Government Code, or any other appropriate provision of law, or as set forth in Section 34 of this Code of Ordinance, will be followed. In connection with sewer, Section 71672 of the California Water Code or other applicable requirements will be followed. C. Reconnection or Reinstatement of Service, Unlocking or Reinstalling Meters. If service is reduced, suspended or terminated for any reason, each of the following conditions applicable to the situation must be satisfied or arrangements satisfactory to the General Manager or a designee must be made before service is reinstated: 1. Outstanding amounts for service bills, including any service charges for benefits derived from the violation, must be paid; 2. All required deposits (including any security deposits), actual damages, fines, costs, charges and penalties must be paid; 3. Any amounts due for the removal, locking, servicing, repair or replacement of meters or other facilities required for service must be paid at the rates in effect at the time of reinstatement, as set forth on Appendix A to this Code or other schedule of fees then in effect; 4. All violations and related damages or conditions must have been corrected and/or repaired and evidence satisfactory to the District to that effect and demonstrating that it is safe to reinstate service, must have been provided to and approved by the District; and 5. If the service was originally in the name of a tenant, the District may require the owner of the parcel to request the service account under his or her name and responsibility. D. Owner Responsibility for Account. In addition to owners’ obligations under subsection (A) of section 72.01 and subsection (C)(5) of Section 72.02, above, and any other remedies provided by this Code or by applicable law, Owners may be required to deliver to the District a form of acknowledgement or authorization for service to a tenant. In addition, if (i) a tenant engages in any violation, (ii) if the District has reduced, suspended or terminated any service to a tenant three (3) times within any twenty-four (24) month period or (iii) the tenant has failed or refuses to comply with the terms of payment arrangements with the District four (4) times, the District reserves the right to demand that the property owner take responsibility for services to the tenant-occupied parcel. The General Manager or a designee shall develop procedures to implement these requirements. E. Right of Access to Customer’s Premises; Interference. If any person refuses to consent to an investigation of a possible violation, or prevents or refuses to allow access to District staff or authorized representatives to any premises or facility during an investigation or in connection with any termination, reduction or suspension of service, the District may seek an injunction or a warrant, as provided in Section 71601 of the Water Code. F. Other Remedies. In addition to the actions contemplated in this Section, the District may seek other remedies authorized or required by any applicable law, including imposing an administrative fine, pursuant to Section 72.06, or pursuing other available civil or criminal remedies. 72.03 CERTAIN SPECIFIC OPERATIONAL VIOLATIONS A. Unauthorized Connections. The District shall bear no cost or liability for any unauthorized connection. In addition to other remedies, any unauthorized connection is subject to a Type II fine, pursuant to Section 72.06 depending upon the severity, duration and reoccurrence of the violation and any other factors the District may reasonably take into consideration.., Further, the District may demand that the unauthorized connection be immediately disconnected. In the alternative, if the customer refuses to take immediate action, or if immediate actions is necessary as set forth in Section 72.02(A)(3), above, the District may immediately disconnect, remove, confiscate, destroy or dispose of any parts installed or used for the unauthorized connection, all at the expense of the customer and any other responsible party. To the extent allowed by law, the District may also, immediately or as otherwise deemed advisable by the District, terminate service to any parcel and any person that allows, uses or benefits from such unauthorized connection. B. Water waste. No customer shall knowingly permit leaks or other wastes of water, including, but not limited to, allowing runoff on any portion of his or her property, engaging in non-permitted uses of water, or failing to take corrective action after notice of any leaks or water waste is given. If the District determines that water waste is occurring, the District will: 1. Notify the customer that they are in violation of the District’s Code of Ordinances. 2. Notwithstanding the foregoing, the District may, without prior notice, repair or replace any District controlled facilities at the cost of the person identified as the responsible party, if any. 3. If the water waste is due to a condition within the customer’s property or facilities, the District may (i) require the customer to repair or replace the affected facilities, immediately or within a reasonable time, depending on the situation; or (ii) if necessary to prevent further waste, adjust, lock or remove the meter. If any repair or replacement required is not completed in a timely manner, the District may perform the repair or replacement at the cost of the customer or may terminate service without further notice. C. Meter Tampering. In addition to other remedies, tampering is subject to a Type II fine pursuant to Section 72.06 depending upon the severity, duration and reoccurrence of the violation and any other factors the District may reasonably take into consideration. Additionally, tampering may be prosecuted as a crime under Section 498 of the California Penal Code, as set forth in Section 73.01 of this Code. D. Fire Service Violation. Fire service is subject to compliance with all provisions of this Code and the law concerning water service, and failure to comply with such provisions may result in the reduction, suspension, termination or disconnection of water service for fire protection, without any liability to District. Furthermore, illegal connections or other violations relating to fire service are subject to either a Type I or Type II fine, at the option of the District, and may be prosecuted as crimes. E. Backflow prevention, screens and other safety devices. If service requirements include the installation, testing and maintenance of backflow prevention devices (Section 23.04 of this Code), screens or other safety operational items, in addition to, or in lieu of, other remedies provided herein, the District may apply any of the remedies under Section VI and VII of the District’s Ordinance No. 386, as amended or renumbered. Furthermore, violations relating to backflow testing may be prosecuted as set forth in Section 73.01 of this Code. Violations of backflow requirements or knowingly filing a false statement or report required by a local health officer are subject to either a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. F. Violation Concerning Recycled Water Service. In addition to any fine, revocation, suspension or penalty imposed under Section 26 in connection with any violation of said Section, including permit suspension or revocation under Section 26.07.C, the District may (i) suspend or terminate water and or sewer service to the property, the owner and/or the operator; (ii) require payment by the owner for any damage to the District facilities, reimbursement to District of costs and expenses, or fines imposed on the District in connection with such violation; or (iii) prosecute the responsible party under any applicable provision of this Code, the Water Code or the Penal Code. Additionally, any violation concerning recycled water service is subject to either a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. G. Violation Concerning Sewer Service. In addition to any other remedy, fine or penalty provided by this Code or applicable law, failure to comply with any requirements of sewer service, including requirements for the preservation of public health, safety and welfare and including, but not limited to, the requirements established under Article II, Chapter 2, Sections 50 to 56.04 of this Code, as hereafter amended or as supplemented by other District Rules and Regulations for Sewer Service, the California Health and Safety Code, the California Code of Regulations, Titles 17 and 22, and Water Agency Standards. Furthermore, may be prosecuted as set forth in Section 73.01 of this Code. Additionally, any violation concerning sewer service is subject to a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. H. Theft, Fraud, or Misappropriation. In addition to any other remedy, fine or penalty provided by this Code or applicable law, any violation involving theft, fraud or misappropriation of District water, services, or property is subject to a Type I or Type II fine, at the option of the District, pursuant to Section 72.06, below. 72.04 VIOLATIONS OF CONSERVATION OR OTHER WATER USE RESTRICTION PROVISIONS The District has established and published conservation measures set forth in Section 39 of the Code. Commencing with declared Level 2 conditions, the District may assess water shortage rates and charges previously adopted. In addition, after notice of the declared water shortage level is given as required by law, any person who uses, causes to be used, or permits the use of water in violation of such requirements (other than a person who qualifies for an applicable exemption, if any) may be assessed damages, penalties and fines. A. Additional provisions concerning use restriction violations. In addition to payment of actual damages, the following may apply to a violation of any water conservation or water use restriction measure: 1. A change on the account holder shall not cause the account to revert to pre-violation status unless the new account holder provides evidence that it is not related to the violator and had no responsibility for the prior account. 2. The District may reduce, suspend or terminate service to any parcel immediately and without further notice if the violation involves or results in water waste, as set for in Section 72.03(B), above. 3. Willful violations of mandatory conservation measures described in Section 39 of this Code may be enforced by terminating service to the property at which the violation occurs, as provided by Section 356 of the California Water Code. B. Prosecution for violations of conservation measures. Pursuant to Section 377 and 71644 of the California Water Code, each violation of the District’s Conservation Ordinance, set fort in Section 39 of this Code, may be prosecuted as a misdemeanor, punishable by imprisonment in the County jail for no more than thirty (30) days or by a fine, as set forth in subsection (C), below. C. Assessment of fines for violations of conservation or water use restriction provisions. Any responsible party who fails to comply with any conservation or use restriction measure is subject to the assessment of an administrative Type I fine, added to account, pursuant to Section 72.06, below. 72.05 VIOLATIONS INVOLVING DISTRICT REAL PROPERTY A. Removal, Disposition and Costs. The District has absolute discretion to determine the corrective action required in connection with any violation involving District real property, including requiring the owner of any unauthorized encroachment or improvement to remove it or taking action to remove it immediately and without notice. Any improvements or uses placed within or on any District property or right of way are subject to the following: 1. Costs and Damages. All costs and damages shall be the responsibility of the customer and any other responsible party. Furthermore, the District shall not be liable for costs to repair or replace any unauthorized encroachment or improvement, or any property, improvement or thing used in connection with, supported by or attached thereto. 2. Burden of proof. The burden shall be on the user to prove to the District’s satisfaction, the authority, scope and extent of any right to access, improve or use the District’s property. Only written evidence in the form of an agreement, deed, statute, recorded or official map or plat, governmental regulation or other right may be used to establish such claim of right. B. Notice. In connection with any improvement or use that does not constitute a health hazard and does not interfere with the District’s use of its property, the District will give written notice of up to sixty (60) days, at the discretion of the General Manager, to cease, terminate, eliminate or remove the offending improvement, structure or use. Any written notice will be given to the responsible party or posted at the property where the trespass or encroachment occurs. If the responsible party is not the owner of any real property affected by the violation, the District will also give notice to the owner of record at the address on record with the assessor’s office via personal delivery, certified mail return receipt requested or via Fed-Ex. C. Immediate action. In connection with any improvement that constitutes a health hazard or interferes with the District’s use of any District property, the District will take any immediate action deemed necessary by the General Manager. D. Fines. In addition to all other remedies provided under this Article or under applicable law, the District may impose a fine as provided in Section 72.06. Additionally, the District may impose a fine up to either the amount specified on any sign, or a Type I or Type II fine, at the option of the District, in connection with any trespass on District property in violation of a sign prohibiting trespassing, pursuant to Section 72.06, below. E. Separate violation. A separate violation will accrue for each day after the deadline to cease, terminate, eliminate or remove the trespass or encroachment, as set forth in the notice. 72.06 ADMINISTRATIVE FINES Any administrative fines established herein shall be in the nature of civil penalties and shall be additional and cumulative to any other fines, damages or any other charges established by the District and are also separate from and cumulative to any other civil or criminal penalty, fine or remedy. In connection with each violation, the District may assess a fine up to the amount specified in the schedule of fines for the type of fine being imposed. Each day during which a violation is in effect constitutes a separate violation and violations are cumulative while the account is in the name of the original violator or any person that participated in or benefited from the violation. Except where the violation creates an immediate danger to health or safety, the person responsible for the continuing violation will be provided a reasonable period of time to correct or otherwise remedy the violation(s) prior to the imposition of administrative fines. A. Assessment of Fines for Technical Violations of Other Code Provisions. Any person who engages in a violation of any provision of this Code is subject to the assessment of a separate administrative Type I Fine, unless subject to a more severe fine as set forth in this Code. B. Assessment of Separate Fines. Nothing in this code or the limits specified per violation shall prevent the imposition of separate fines for each separate violation committed during a single act. For example, in connection with a violation concerning sewer service that involves a trespass on any portion of the District’s real property, separate fines may be assessed for the trespass, the damage to District personal property, the damage to District real property; the damage to the sewer system and the activity resulting on all the damages. C. Types of Fines. The amount for each type of fine specified below may increase automatically to reflect any higher amount authorized by law or regulation. The District has determined to establish two types of fines based on the nature of the violation, as follows: 1. Type I Fine. Any violation that does not have the potential to endanger the health or safety of the public. The fine will not exceed the amount specified in the Section 36900(b) of the California Government Code or Appendix A for a first, second, third or each additional violation of that same ordinance or requirement within a twelve-month period. 2. Type II Fine. Any violation that has the potential to endanger the health or safety, including, but not limited to, unauthorized or illegal connections, meter tampering, water theft, , or knowingly filing a false statement or report required by a local health officer . The fine will not exceed the amount specified on Appendix A per each day the violation is identified or continues. D. Collection of Fines. Any fines assessed by the District are payable directly to the District, are due upon issuance or as otherwise indicated on the notice or bill, and are delinquent 30 calendar days from the due date. E. Notice of Administrative Fine; Content. Notice of an administrative fine pursuant to this section will contain the following information: (i) a brief description of the violation(s); (ii) the date and location of the violation(s); (iii) a brief description of corrective action(s) required, as appropriate; (iv) a statement explaining that each day the violation continues constitutes a new violation; (v) in the case of violations creating an immediate danger to health or safety, the amount of civil penalty assessed or, in all other cases, the amount of civil penalty to be assessed if the violation(s) are not corrected within the time provided by the notice; (vi) a statement of the procedure for payment and the consequences of failure to pay; (vii) contact information for the District employee that should be contacted to discuss the notice and provide evidence of compliance; and (viii) a brief statement describing the responsible party’s right to request further review, pursuant to subsection (F), below. F. Option for Board Review . Persons receiving a Notice of Administrative Fine may request Board review. The request for Board consideration must be in writing, must be received by the District Secretary within ten (10) calendar days from the date of the notice and must include contact information, an explanation of the basis for the request, and any supporting documentation said person(s) wish to provide to the Board for review and consideration. District staff will review the petitioner’s request and will make a recommendation to the Board in light of its investigation. The District will provide notice of the date, time and place for Board consideration by electronic means, facsimile or first class mail sent to the return addressee indicated on the written request. G. Any fines assessed pursuant to the Notice of Administrative Fines must be timely paid notwithstanding the filing of a request for Board review. At the time of Board review, the petitioner may, address the Board and respond to the charges to show good cause why the fine should not be imposed; however, the customer is not entitled to a full judicial-type hearing with cross examination, sworn testimony, etc. In accordance with the provisions of Government Code Section 53069.4, the Board’s determination shall be final and conclusive, and shall be deemed confirmed, if not appealed within 20 calendar days to the Superior Court of the County of San Diego. EXHIBIT III Section #Code #Fee Description Meter Size 9 9.04 A.1.District Annexation Processing Fee $744.00 9.04 B. Annexation Fees for Water Annexations into Otay Water District Boundaries District-wide Annexation Fee 3/4" $1,556.00 1" $3,890.00 1-1/2" $7,780.00 2" $12,448.00 3" $24,896.00 4 $38,900.00 6" $77,800.00 8" $124,480.00 10" $178,940.00 9.04 C.4. Annexation Fees for Annexations to Sewer Improvement Districts $5,741.00 10 10.01 Filing of Petition $50.00 23 23.04 Backflow Certification - Second Notification $10.00 - Third Notification $25.00 - Reconnection (service resumed)$50.00 - Initial Filing Fee (New applicants for addition to the list of approved backflow prevention device testers)$25.00 - Renewal Filing Fee (to remain on list of approved backflow prevention device testers)Annually $10.00 25 25.03 A. Set-up Fees for Accounts $10.00 Otay Water District Appendix A Charges Appendix A 1 of 11 Section #Code #Fee Description Meter Size Charges 25 25.03 C. Monthly Fixed System Charges, MWD & CWA Charges (1)Meter Size System Charge MWD & CWA Fixed Charge Total Fixed Charge 3/4"$14.58 $14.01 $28.59 1"$18.52 $23.33 $41.85 1-1/2"$28.37 $46.74 $75.11 2"$40.18 $74.74 $114.92 3"$71.68 $149.48 $221.16 4"$107.13 $233.58 $340.71 6"$205.59 $467.09 $672.68 8"$323.73 $747.39 $1,071.12 10"$461.57 $1,070.74 $1,532.31 25 25.03 E.1.(b) Domestic Residential Water Rates (1)Unit Charge 0 - 5 $1.58 6-10 $2.45 11-22 $3.19 23 or more $4.92 25 25.03 E.2.(b) Multiple Residential Water Rates - Per Dwelling Unit (1) 0-4 $2.43 5-9 $3.15 10 or more $4.85 25 25.03 E.3.(b) Business and Publicly-Owned Water Rates (1)under 10"0-173 $2.59 174-831 $2.66 832 or more $2.70 10" & larger 0-7,426 $2.59 7,427-14,616 $2.66 14,617 or more $2.70 25 25.03 E.4.(c) Irrigation and Commercial Agricultural Using Potable Water Rates (1)1" & smaller 0-49 $3.53 50-132 $3.60 133 or more $3.66 (1) Water rates on all billing cycles beginning in calendar year 2012 EXHIBIT III Section #Code #Fee Description Meter Size Charges 25 25.03 E.4.(c) Irrigation and Commercial Agricultural Using Potable Water Rates (continued) (1) 1.5" & 2"0-144 $3.53 145-355 $3.60 356 or more $3.66 3" & larger 0-1,044 $3.53 1,045-8,067 $3.60 8,068 or more $3.66 25 25.03 E.5.(c) Recycled Water Rates (1)3/4" - 1" 0-42 $3.02 43-97 $3.06 98 or more $3.12 1.5" & 2"0-168 $3.02 169-402 $3.06 403 or more $3.12 3" & 4"0-403 $3.02 404-820 $3.06 821 or more $3.12 6" & larger 0-7,916 $3.02 7,917-16,357 $3.06 16,358 or more $3.12 25 25.03 E.6.(b) Temporary and Construction Water Service Rates (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 3 of 11 Section #Code #Fee Description Meter Size Charges 25 25.03 E.8.(b) Tank Trucks Water Rates (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.9.(c) Application Fee for Water Service Outside District Boundaries $500.00 25 25.03 E.9.(d) Water Rate for Service Outside District Boundaries (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.10.(b) Application Fee for Water Service Outside an Improvement District $275.00 25 25.03 E.10.(c) Water Rate for Service Outside Improvement District (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 (1) Water rates on all billing cycles beginning in calendar year 2012 EXHIBIT III Section #Code #Fee Description Meter Size Charges 25 25.03 E.10.(c) Water Rate for Service Outside Improvement District (continued) (1) 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.11.(c) Fire Service Monthly Charge $30.11 25 25.03 E.12.(b) Additional Water Service for Property Not Subject to District Taxes per unit $0.293 25 25.03 E.13.(b) Interim Service Water Rate in Improvement District 7 (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 F.Energy Charges for Pumping Water (1) Per 100 ft of lift over 450 ft per unit $0.045 25 25.03 G.1. Additional Water Charge for Service in the North District Per unit charge except for the first 5 units of residential $0.08 25 25.03 H.1. Additional Water Charges for Service in the Improvement District 9 Water Service Zone Per unit charge except for the first 5 units of residential $0.27 25 25.03 H.2. Additional Monthly System Fee for Improvement District 9 $2.00 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 5 of 11 Section #Code #Fee Description Meter Size Charges 25 25.03 I.1.(a) Additional Water Charges for Services in Improvement District 3 Per unit charge except for the first 5 units of residential 0.19 per H.C.F. Effective Jan 1, 2011 "0.20 per H.C.F. Effective Jan 1, 2012 "0.21 per H.C.F. Effective Jan 1, 2013 25 25.03 I.1.(b) Additional Water Charges for Services in Improvement District 10 Per unit charge except for the first 5 units of residential 0.27 per H.C.F. Effective Jan 1st 2011-2018 25 25.03 I.1.(c) Additional Water Charges for Services in La Presa Per unit charge except for the first 5 units of residential 0.08 per H.C.F. Effective Jan 1st 2011-2013 25 25.04 A.Deposits for Non-Property Owners 3/4"$75.00 1"$150.00 1-1/2"$200.00 2"$360.00 3"$800.00 4"$1,350.00 6"$3,300.00 8"$4,400.00 10"$5,500.00 28 28.01 B.1.Capacity Fees and Zone Charge District-wide Capacity Fee 3/4" $7,900.00 1" $19,750.00 1-1/2" $39,500.00 2" $63,200.00 3" $126,400.00 4 $197,500.00 6" $395,000.00 8" $632,000.00 10" $908,500.00 - I.D.'s 1,2,3,5,7,9,10,19,20,22,22/27 (excluding Triad), and 25 (only I.D.'s 5,7,10,19,22, and 22/27 require reclaimed irrigation meters). EXHIBIT III Section #Code #Fee Description Meter Size Charges 28 28.01 B.1. - 22/27 TRIAD 3/4" $5,912.00 1" $14,780.00 1 -1/2" $29,560.00 2" $47,296.00 3" $94,592.00 4 $147,800.00 6" $295,600.00 8" $472,960.00 10" $679,880.00 28 28.01 B.2.New Water Supply Fee 3/4" $910.00 - All IDs including Triad 1" $2,275.00 1-1/2" $4,550.00 2" $7,280.00 3" $14,560.00 4" $22,750.00 6" $45,500.00 8" $72,800.00 10" $104,650.00 28 28.02 Installation Charges for Water Meter and Water Service Laterals Meter Size Meter Cost Installation Total Meter Box/Vault (if Needed) Potable (Non-Irrigation)3/4" x 7.5"$202.30 $96.00 $298.30 $81.50 3/4" x 9"$215.39 $96.00 $311.39 $81.50 1"$261.05 $96.00 $357.05 $81.50 1.5"$424.31 $96.00 $520.31 $184.76 2"$607.99 $96.00 $703.99 $184.76 3"$1,894.74 $578.00 $2,472.74 $3,295.81 4"$3,290.86 $578.00 $3,868.86 $3,295.81 6"$5,684.21 $913.00 $6,597.21 $3,295.81 8"$7,102.00 $1,400.00 $8,502.00 $4,728.07 10"$10,214.00 $1,400.00 $11,614.00 $4,728.07 Potable/Recycled Irrigation 3/4" x 7.5"$202.30 $96.00 $298.30 $207.70 3/4" x 9"$215.39 $96.00 $311.39 $207.70 1"$261.05 $96.00 $357.05 $207.70 1.5"$424.31 $96.00 $520.31 $207.70 2"$607.99 $96.00 $703.99 $207.70 3"$1,311.35 $578.00 $1,889.35 $3,295.81 4"$2,553.00 $578.00 $3,131.00 $3,295.81 Appendix A 7 of 11 Section #Code #Fee Description Meter Size Charges Potable/Recycled Irrigation (continued)6"$4,596.23 $913.00 $5,509.23 $3,295.81 8"$6,123.00 $1,400.00 $7,523.00 $4,728.07 10"$8,689.00 $1,400.00 $10,089.00 $4,728.07 Combined Fire and Domestic 4"$7,829.25 $578.00 $8,407.25 $3,295.81 6"$10,420.05 $913.00 $11,333.05 $3,295.81 8"$15,150.00 $1,400.00 $16,550.00 $4,728.07 10"$20,674.74 $1,400.00 $22,074.74 $4,728.07 31 31.02 D.1. Requirement of Temporary Meter for Service minimum/per day $25.00 31 31.03 A.1.Requirement of Deposit for Temporary Meters 2"$2,046.00 4"$1,986.00 6"$2,465.00 - Construction Trailer Temporary Meter 2"$2,046.00 - Tank Truck Temporary Meter (Ordinance No. 372)2"$850.00 31 31.03 A.4.Temporary Meter Install & Removal $128.00 31 31.03 A.5. Temporary Meter Move Fee (includes backflow certification)3/4" - 2"$64.00 3" and larger No backflow test $64.00 33 33.07 A. Customer Request for Meter Test (Deposit)5/8", 3/4" & 1"$25.00 1-1/2" & 2 "$50.00 3" & Larger $125.00 34 34.01 D.2. Returned Check Charges $25.00 34 34.02 B.Late Payment Charge 5% of Delinquent Balance 34 34.02 G.1.(d)Delinquency Tag $10.00 EXHIBIT III Section #Code #Fee Description Meter Size Charges 34 34.02 G.3.(a)Meter "Turn-On" Charge During regular business hours $35.00 34 34.02 G.3.(b)Meter "Turn-On" Charge After regular business hours $65.00 53 53.04 C.1.Sewer Connection Fee - Russell Square $7,500.00 53 53.04 C.2.Monthly Sewer Service Charge - Russell Square $200.00 53 53.11 A.Set-up Fees for Accounts $10.00 53 53.11 B.2.Residential Sewer Charges (2) Rate multiplied by winter average units $1.77 53 53.11 B.3.Residential Sewer Charges Base Fee (2)5/8" & 3/4"$12.26 1" & larger $17.88 53 53.11 B.4. Monthly Residential Sewer Rate Without Consumption History (2)5/8" & 3/4"$34.83 1" & larger $40.45 53 53.11.C.4.Winter Averaging - Sewer - Single Residential 15 units - 15% discount = 12.75 units - Multi-Residential 6 units - 15% discount = 5.1 units 53 53.11 D.2.Multi-Residential Rate Charges - Sewer (2) Rate multiplied by winter average units $1.77 53 53.11 E.6.Public Schools Sewer Rate (2) Per ASU (Based on Student Count)$41.75 53 53.11 F.1. Monthly Service Charge for Commercial and Institutional Sewer (2)Per ASU $41.75 (2) Sewer rates on all billing cycles beginning in calendar year 2012 Appendix A 9 of 11 Section #Code #Fee Description Meter Size Charges 60 60.03 Issuance of Availability Letters for Water and/or Sewer Service $75.00 72 72.04 A.1. - To Pull and Reset Meter 3/4" - 2"$170.00 - Broken Curbstop or Tabs 3/4" - 1"$192.00 - If Customer uses Jumper 3/4" - 1"$149.00 - Broken Lock/Locking Device 3/4" - 1"$56.00 - Cap Lock (Welded)3/4" - 1"$158.00 - Broken Curbstop or Tabs 1.5" - 2"$265.00 - To Pull and Reset Meter 3"$351.00 - To Pull and Reset Meter 4"$454.00 - To Pull and Reset Meter 6"$454.00 - To Pull and Reset Meter 8"$600.00 - To Pull and Reset Meter 10"$600.00 72 72.05 D. A. - First Violation $100.00 - Second Violations $200.00 $500.00 Type II Fine $5,000.00 Type III Fine $500.00 Type IV Fine $500.00 Locking or Removing Damaged or Tampered Meters Type I Fine - Third or each additional violation of that same ordinance or requirement within a twelve-month period Will not exceed per each day the violation is identified or continues. (2) Sewer rates on all billing cycles beginning in calendar year 2012 Fine up to amount specified per each day the violation is identified or continues. Fine up to amount specified per each day the violation is identified or continues. EXHIBIT III Section #Code #Fee Description Meter Size Charges State Water Code #71630 & Annual Board Resolution #4142 Water Availability/Standby Annual Special Assessment Charge $10.00 $10.00 $30.00 $3.00 $3.00 State Water Code #71630 & Annual Board Resolution #4142 Sewer Availability/Standby Annual Special Assessment Charge $10.00 $30.00 Annual Board Resolution General Obligation Bond Annual Tax Assessment $0.005 Policies 5 Copies of Identifiable Public Records $0.10/page Cassette Tape Duplication $2.00/tape Yearly Subscription Service for Agendas and Ratified Minutes $20.00/year or $0.50/meeting Yearly Subscription Service for Board Packet and Ratified Minutes $100.00/year for first copy and $200.00/year for each copy thereafter Less than one acre I.D. 4, 14, & 18 Per acre I.D. 4, 14, & 18 Per $1000 of assessed value for I.D. 27 Per acre in I.D. 2,3,7,9,10,19,20,22,25,& 27 Less than one-acre Outside I.D. and greater than one mile from District facilities. Per acre for outside I.D. & greater than one mile from District facilities. Less than one-acre all I.D.s & Outside an I.D. Per acre in I.D. 1, 5, & Outside an I.D. Appendix A 11 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size 9 9.04 A.1.District Annexation Processing Fee $744.00 9.04 B. Annexation Fees for Water Annexations into Otay Water District Boundaries District-wide Annexation Fee 3/4" $1,556.00 1" $3,890.00 1-1/2" $7,780.00 2" $12,448.00 3" $24,896.00 4 $38,900.00 6" $77,800.00 8" $124,480.00 10" $178,940.00 9.04 C.4. Annexation Fees for Annexations to Sewer Improvement Districts $5,741.00 10 10.01 Filing of Petition $50.00 23 23.04 Backflow Certification - Second Notification $10.00 - Third Notification $25.00 - Reconnection (service resumed)$50.00 - Initial Filing Fee (New applicants for addition to the list of approved backflow prevention device testers)$25.00 - Renewal Filing Fee (to remain on list of approved backflow prevention device testers)Annually $10.00 25 25.03 A. Set-up Fees for Accounts $10.00 Otay Water District Appendix A Charges Appendix A 1 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 25 25.03 C. Monthly Fixed System Charges, MWD & CWA Charges (1)Meter Size System Charge MWD & CWA Fixed Charge Total Fixed Charge 3/4"$14.58 $14.01 $28.59 1"$18.52 $23.33 $41.85 1-1/2"$28.37 $46.74 $75.11 2"$40.18 $74.74 $114.92 3"$71.68 $149.48 $221.16 4"$107.13 $233.58 $340.71 6"$205.59 $467.09 $672.68 8"$323.73 $747.39 $1,071.12 10"$461.57 $1,070.74 $1,532.31 25 25.03 E.1.(b) Domestic Residential Water Rates (1)Unit Charge 0 - 5 $1.58 6-10 $2.45 11-22 $3.19 23 or more $4.92 25 25.03 E.2.(b) Multiple Residential Water Rates - Per Dwelling Unit (1) 0-4 $2.43 5-9 $3.15 10 or more $4.85 25 25.03 E.3.(b) Business and Publicly-Owned Water Rates (1)under 10"0-173 $2.59 174-831 $2.66 832 or more $2.70 10" & larger 0-7,426 $2.59 7,427-14,616 $2.66 14,617 or more $2.70 25 25.03 E.4.(c) Irrigation and Commercial Agricultural Using Potable Water Rates (1)1" & smaller 0-49 $3.53 50-132 $3.60 133 or more $3.66 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 2 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 25 25.03 E.4.(c) Irrigation and Commercial Agricultural Using Potable Water Rates (continued) (1) 1.5" & 2"0-144 $3.53 145-355 $3.60 356 or more $3.66 3" & larger 0-1,044 $3.53 1,045-8,067 $3.60 8,068 or more $3.66 25 25.03 E.5.(c) Recycled Water Rates (1)3/4" - 1" 0-42 $3.02 43-97 $3.06 98 or more $3.12 1.5" & 2"0-168 $3.02 169-402 $3.06 403 or more $3.12 3" & 4"0-403 $3.02 404-820 $3.06 821 or more $3.12 6" & larger 0-7,916 $3.02 7,917-16,357 $3.06 16,358 or more $3.12 25 25.03 E.6.(b) Temporary and Construction Water Service Rates (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 3 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 25 25.03 E.8.(b) Tank Trucks Water Rates (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.9.(c) Application Fee for Water Service Outside District Boundaries $500.00 25 25.03 E.9.(d) Water Rate for Service Outside District Boundaries (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.10.(b) Application Fee for Water Service Outside an Improvement District $275.00 25 25.03 E.10.(c) Water Rate for Service Outside Improvement District (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 4 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 25 25.03 E.10.(c) Water Rate for Service Outside Improvement District (continued) (1) 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 E.11.(c) Fire Service Monthly Charge $30.11 25 25.03 E.12.(b) Additional Water Service for Property Not Subject to District Taxes per unit $0.293 25 25.03 E.13.(b) Interim Service Water Rate in Improvement District 7 (1)1" & smaller 0-49 $7.06 50-132 $7.20 133 or more $7.32 1.5" & 2"0-144 $7.06 145-355 $7.20 356 or more $7.32 3" & larger 0-1,044 $7.06 1,045-8,067 $7.20 8,068 or more $7.32 25 25.03 F.Energy Charges for Pumping Water (1) Per 100 ft of lift over 450 ft per unit $0.045 25 25.03 G.1. Additional Water Charge for Service in the North District Per unit charge except for the first 5 units of residential $0.08 25 25.03 H.1. Additional Water Charges for Service in the Improvement District 9 Water Service Zone Per unit charge except for the first 5 units of residential $0.27 25 25.03 H.2. Additional Monthly System Fee for Improvement District 9 $2.00 (1) Water rates on all billing cycles beginning in calendar year 2012 Appendix A 5 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 25 25.03 I.1.(a) Additional Water Charges for Services in Improvement District 3 Per unit charge except for the first 5 units of residential 0.19 per H.C.F. Effective Jan 1, 2011 "0.20 per H.C.F. Effective Jan 1, 2012 "0.21 per H.C.F. Effective Jan 1, 2013 25 25.03 I.1.(b) Additional Water Charges for Services in Improvement District 10 Per unit charge except for the first 5 units of residential 0.27 per H.C.F. Effective Jan 1st 2011-2018 25 25.03 I.1.(c) Additional Water Charges for Services in La Presa Per unit charge except for the first 5 units of residential 0.08 per H.C.F. Effective Jan 1st 2011-2013 25 25.04 A.Deposits for Non-Property Owners 3/4"$75.00 1"$150.00 1-1/2"$200.00 2"$360.00 3"$800.00 4"$1,350.00 6"$3,300.00 8"$4,400.00 10"$5,500.00 28 28.01 B.1.Capacity Fees and Zone Charge District-wide Capacity Fee 3/4" $7,900.00 1" $19,750.00 1-1/2" $39,500.00 2" $63,200.00 3" $126,400.00 4 $197,500.00 6" $395,000.00 8" $632,000.00 10" $908,500.00 - I.D.'s 1,2,3,5,7,9,10,19,20,22,22/27 (excluding Triad), and 25 (only I.D.'s 5,7,10,19,22, and 22/27 require reclaimed irrigation meters). Appendix A 6 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 28 28.01 B.1. - 22/27 TRIAD 3/4" $5,912.00 1" $14,780.00 1 -1/2" $29,560.00 2" $47,296.00 3" $94,592.00 4 $147,800.00 6" $295,600.00 8" $472,960.00 10" $679,880.00 28 28.01 B.2.New Water Supply Fee 3/4" $910.00 - All IDs including Triad 1" $2,275.00 1-1/2" $4,550.00 2" $7,280.00 3" $14,560.00 4" $22,750.00 6" $45,500.00 8" $72,800.00 10" $104,650.00 28 28.02 Installation Charges for Water Meter and Water Service Laterals Meter Size Meter Cost Installation Total Meter Box/Vault (if Needed) Potable (Non-Irrigation)3/4" x 7.5"$202.30 $96.00 $298.30 $81.50 3/4" x 9"$215.39 $96.00 $311.39 $81.50 1"$261.05 $96.00 $357.05 $81.50 1.5"$424.31 $96.00 $520.31 $184.76 2"$607.99 $96.00 $703.99 $184.76 3"$1,894.74 $578.00 $2,472.74 $3,295.81 4"$3,290.86 $578.00 $3,868.86 $3,295.81 6"$5,684.21 $913.00 $6,597.21 $3,295.81 8"$7,102.00 $1,400.00 $8,502.00 $4,728.07 10"$10,214.00 $1,400.00 $11,614.00 $4,728.07 Potable/Recycled Irrigation 3/4" x 7.5"$202.30 $96.00 $298.30 $207.70 3/4" x 9"$215.39 $96.00 $311.39 $207.70 1"$261.05 $96.00 $357.05 $207.70 1.5"$424.31 $96.00 $520.31 $207.70 2"$607.99 $96.00 $703.99 $207.70 3"$1,311.35 $578.00 $1,889.35 $3,295.81 4"$2,553.00 $578.00 $3,131.00 $3,295.81 Appendix A 7 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges Potable/Recycled Irrigation (continued)6"$4,596.23 $913.00 $5,509.23 $3,295.81 8"$6,123.00 $1,400.00 $7,523.00 $4,728.07 10"$8,689.00 $1,400.00 $10,089.00 $4,728.07 Combined Fire and Domestic 4"$7,829.25 $578.00 $8,407.25 $3,295.81 6"$10,420.05 $913.00 $11,333.05 $3,295.81 8"$15,150.00 $1,400.00 $16,550.00 $4,728.07 10"$20,674.74 $1,400.00 $22,074.74 $4,728.07 31 31.02 D.1. Requirement of Temporary Meter for Service minimum/per day $25.00 31 31.03 A.1.Requirement of Deposit for Temporary Meters 2"$2,046.00 4"$1,986.00 6"$2,465.00 - Construction Trailer Temporary Meter 2"$2,046.00 - Tank Truck Temporary Meter (Ordinance No. 372)2"$850.00 31 31.03 A.4.Temporary Meter Install & Removal $128.00 31 31.03 A.5. Temporary Meter Move Fee (includes backflow certification)3/4" - 2"$64.00 3" and larger No backflow test $64.00 33 33.07 A. Customer Request for Meter Test (Deposit)5/8", 3/4" & 1"$25.00 1-1/2" & 2 "$50.00 3" & Larger $125.00 34 34.01 D.2. Returned Check Charges $25.00 34 34.02 B.Late Payment Charge 5% of Delinquent Balance 34 34.02 G.1.(d)Delinquency Tag $10.00 Appendix A 8 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 34 34.02 G.3.(a)Meter "Turn-On" Charge During regular business hours $35.00 34 34.02 G.3.(b)Meter "Turn-On" Charge After regular business hours $65.00 53 53.04 C.1.Sewer Connection Fee - Russell Square $7,500.00 53 53.04 C.2.Monthly Sewer Service Charge - Russell Square $200.00 53 53.11 A.Set-up Fees for Accounts $10.00 53 53.11 B.2.Residential Sewer Charges (2) Rate multiplied by winter average units $1.77 53 53.11 B.3.Residential Sewer Charges Base Fee (2)5/8" & 3/4"$12.26 1" & larger $17.88 53 53.11 B.4. Monthly Residential Sewer Rate Without Consumption History (2)5/8" & 3/4"$34.83 1" & larger $40.45 53 53.11.C.4.Winter Averaging - Sewer - Single Residential 15 units - 15% discount = 12.75 units - Multi-Residential 6 units - 15% discount = 5.1 units 53 53.11 D.2.Multi-Residential Rate Charges - Sewer (2) Rate multiplied by winter average units $1.77 53 53.11 E.6.Public Schools Sewer Rate (2) Per ASU (Based on Student Count)$41.75 53 53.11 F.1. Monthly Service Charge for Commercial and Institutional Sewer (2)Per ASU $41.75 (2) Sewer rates on all billing cycles beginning in calendar year 2012 Appendix A 9 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges 60 60.03 Issuance of Availability Letters for Water and/or Sewer Service $75.00 72 72.04 A.1. - To Pull and Reset Meter 3/4" - 2"$170.00 - Broken Curbstop or Tabs 3/4" - 1"$192.00 - If Customer uses Jumper 3/4" - 1"$149.00 - Broken Lock/Locking Device 3/4" - 1"$56.00 - Cap Lock (Welded)3/4" - 1"$158.00 - Broken Curbstop or Tabs 1.5" - 2"$265.00 - To Pull and Reset Meter 3"$351.00 - To Pull and Reset Meter 4"$454.00 - To Pull and Reset Meter 6"$454.00 - To Pull and Reset Meter 8"$600.00 - To Pull and Reset Meter 10"$600.00 72 72.05 D. A. - First Violation $100.00 - Second Violations $200.00 $500.00 Type II Fine $5,000.00 Locking or Removing Damaged or Tampered Meters Type I Fine - Third or each additional violation of that same ordinance or requirement within a twelve-month period Will not exceed per each day the violation is identified or continues.(2) Sewer rates on all billing cycles beginning in calendar year 2012 Appendix A 10 of 11 EXHIBIT IV Section #Code #Fee Description Meter Size Charges State Water Code #71630 & Annual Board Resolution #4142 Water Availability/Standby Annual Special Assessment Charge $10.00 $10.00 $30.00 $3.00 $3.00 State Water Code #71630 & Annual Board Resolution #4142 Sewer Availability/Standby Annual Special Assessment Charge $10.00 $30.00 Annual Board Resolution General Obligation Bond Annual Tax Assessment $0.005 Policies 5 Copies of Identifiable Public Records $0.10/page Cassette Tape Duplication $2.00/tape Yearly Subscription Service for Agendas and Ratified Minutes $20.00/year or $0.50/meeting Yearly Subscription Service for Board Packet and Ratified Minutes $100.00/year for first copy and $200.00/year for each copy thereafter Less than one acre I.D. 4, 14, & 18 Per acre I.D. 4, 14, & 18 Per $1000 of assessed value for I.D. 27 Per acre in I.D. 2,3,7,9,10,19,20,22,25,& 27 Less than one-acre Outside I.D. and greater than one mile from District facilities. Per acre for outside I.D. & greater than one mile from District facilities. Less than one-acre all I.D.s & Outside an I.D. Per acre in I.D. 1, 5, & Outside an I.D. Appendix A 11 of 11 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Mark Watton General Manager PROJECT: Various DIV. NO. ALL APPROVED BY: Mark Watton, General Manager SUBJECT: ADOPT ORDINANCE NO. 535 AMENDING SECTION 6, CONFLICT OF INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCES GENERAL COUNSEL’S RECOMMENDATION: That the Board adopt Ordinance No. 535 amending Section 6, Conflict of Interest Code, of the District’s Code of Ordinances to update the gift limit, the definition of prohibited incompatible activities, expand the list of positions required to file a Form 700, update/delete position titles that no longer exist and amend the disclosure categories. The updates and amendments are reflected in Exhibit A of Attachment B. COMMITTEE ACTION: Please see attachment A. PURPOSE: To amend the District’s Conflict of Interest Code contained within the District’s Code of Ordinances to update the gift limit, the definition of prohibited incompatible activites, expand the list of positions required to file a Form 700, update/delete position titles that no longer exist and amend the disclosure categories. ANALYSIS: As required by the Political Reform Act (“Act”), General Counsel has conducted a biennial review of the District’s Conflict of Interest Code (“COI Code”) and indicated that the body of the code requires two minor updates to reflect changes in California law. Specifically, the gift limit was increased from $390 to $420 and the definition of prohibited incompatible activities under Government Code section 1126 was expanded to include acts outside one’s official capacity that may later be subject to control, inspection, review, audit, or enforcement by one’s agency or agency personnel. In addition, Counsel suggested that AGENDA ITEM 6c the District amend Categories 4, 6 and 7 of the Appendix of the District’s COI Code to include “business positions” in Category 4 and expand the description of reportable items in Categories 6 and 7. The District also desires to expand the list of positions required to file a Form 700 to include the Safety and Security Administrator and Customer Service Manager as these positions participate in the making of decisions that may have a material affect on financial interests as established by the District’s COI Code. Lastly, position titles within the code are being updated or deleted as they no longer exist. The proposed changes to the COI Code are relected in Exhibit A to Attachment B of this staff report. FISCAL IMPACT: Joe Beachem, Chief Financial Officer None. LEGAL IMPACT: None. Attachments: Attachment A: Committee Action Attachment B: Ordinance No. 535, Amending Conflict of Interest Code ATTACHMENT A SUBJECT/PROJECT: ADOPT ORDINANCE NO. 535 AMENDING THE APPENDIX OF SECTION 6, CONFLICT OF INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCES COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on September 17, 2012. The following comments were made:  The District reviews its Conflict of Interest Code biannually as required by the Political Reform Act.  Staff is proposing that the disclosure categories for several positions who are required to file Form 700’s be updated. Disclosure categories are determined upon each position’s area of oversight. Proposed updates are noted in Exhibit A of Attachment B.  California laws have also changed and the District’s Conflict of Interest Code is being updated to reflect the new changes in the law.  Staff also wished to expand the list of positions required to file a Form 700 and have added the positions of Customer Service Manager and Safety and Security Administrator as these positions participate in the making of decisions that may have a material affect on financial interests as established by the District’s Conflict of Interest Code.  The committee inquired why the disclosure category for the position of Engineering Manager was changed from ‘6’ to ‘7.’ Staff indicated that disclosure category ‘6’ is all inclusive or a broader reporting requirement (District- wide), whereas category ‘7’ is limited to the designated employee’s areas of responsibility. The General Manager oversees all areas and would report under disclosure category ‘6,’ the broader reporting requirement. The committee supported staffs’ recommendation and presentation to the full board on the consent calendar. Page 1 of 1 ORDINANCE NO. 535 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AMENDING SECTION 6, CONFLICT OF INTEREST CODE, OF THE DISTRICT’S CODE OF ORDINANCE BE IT ORDAINED by the Board of Directors of Otay Water District that the District’s Code of Ordinances, Section 6, Conflict of Interest Code, be amended to update the gift limit, the definition of prohibited incompatible activities, expand the list of positions required to file a Form 700, update/delete position titles that no longer exist and amend the disclosure categories. The amendments are presented in Exhibit A attached to this ordinance. NOW, THEREFORE, BE IT RESOLVED that the amendments to Section 6, Conflict of Interest Code, to the District’s Code of Ordinances shall become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting duly held this 9th day of October 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ President ATTEST: _____________________________ District Secretary Attachment B 6-1 DIVISION I DISTRICT ADMINISTRATION CHAPTER 5 PERSONNEL PRACTICES SECTION 6 CONFLICT OF INTEREST CODE 6.01 DEFINITIONS The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. 6.02 DESIGNATED EMPLOYEES The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. 6.03 DISCLOSURE CATEGORIES This Code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interest pursuant to Article 2 of Chapter 2 of the Political Reform Act, Government Code Sections 87200, et seq.1 In addition, this code does not establish any disclosure obligation for any designated public officials who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code Section 87200; and (C) The filing officer is the same for both agencies. 1 Designated employees who are required to file statements of economic interest under any other agency’s Conflict of Interest Code or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interest in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and district statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. Exhibit A 6-2 Such persons are covered by this Code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interest are reportable. Such a designated employee shall disclose in his or her statement of economic interest those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee’s disclosure categories are the kinds of financial interest which he or she foreseeably can affect materially through the conduct of his or her office. 6.04 STATEMENTS OF ECONOMIC INTERESTS: PLACE OF FILING All officials and employees required to submit a statement of economic interest (employees in Designated Positions) shall file their statements with the General Manager, or his or her designee. The District shall make and retain a copy of all statements filed by Designated Positions and forward the originals of such statements to the Executive Office of the Board of Supervisors of San Diego County. All retained statements, originals or copies shall be available for public inspection and reproduction. (Cal. Gov’t Code § 81008)2 6.05 STATEMENTS OF ECONOMIC INTERESTS: TIME OF FILING (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. 2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 6-3 6.06 STATEMENTS FOR PERSONS WHO RESIGN PRIOR TO ASSUMING OFFICE Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or a leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: 1. File a written resignation with the appointing power; and 2. File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. 6.07 CONTENTS OF AND PERIOD COVERED BY STATEMENTS OF ECONOMIC INTERESTS (A) Contents of Initial Statements Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or on the date of appointment, and income received during the 12 months prior to the date of assuming office or the date of being appointed, respectively. (C) Contents of Annual Statements Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee’s first annual statement shall begin on the effective date of the code or the date of assuming office, whichever is later. 6-4 (D) Contents of Leaving Office Statements Leaving office statements shall disclose reportable investments, interest in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. 6.08 MANNER OF REPORTING Statements of economic interest shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure When an investment or an interest in real property3 is required to be reported4, the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure When personal income is required to be reported5, the statement shall contain: 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual’s spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee’s income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6-5 1. The name and address of each source of income aggregating $500 or more in value or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. File In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure When income of a business entity, including income of a sole proprietorship is required to be reported6, the statement shall contain: 1. The name, address and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure When business positions are required to be reported, a designated employee shall list the name and address of each business entity in 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer’s spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 6-6 which he or she is a director, officer, partner, trustee, employee or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee’s position with the business entity. (E) Acquisition or Disposal During Reporting Period In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. 6.09 PROHIBITION ON RECEIPT OF HONORARIA A. No designated public official shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reim- bursements for travel and related lodging and subsistence authorized by Government Code section 89506. 6.10 PROHIBITION ON RECEIPT OF GIFTS IN EXCESS OF AMOUNT ESTABLISHED BY LAW7 A. No designated public official shall accept gifts with a total value of more than the maximum amount established by law, in any calendar year, from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. 6.11 LOANS TO PUBLIC OFFICIALS A. No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government 7 Designated Persons are prohibited from accepting gifts from any single source in a calendar year with a total value in excess of designated amounts. See Govt. Code § 89503, sub-divisions (e), (f) and (g). [Note: Pursuant to 2 CCR § 18940.2 (ba), the FPPC adjusts the gift limit every odd-numbered year to reflect changes in the Consumer Price Index; therefore, the $390 420 limit adopted by the FPPC in January of 2007 2011 will be updated in January 2009 2013 and every odd year thereafter, until further notice.] 6-7 agency in which the elected officer holds office or over which the elected officer’s agency has direction and control. B. No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official’s agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. C. No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. D. No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer’s agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender’s regular course of business on terms available to members of the public without regard to the elected officer’s official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. E. This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the 6-8 loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. 6.12 LOAN TERMS A. Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. B. This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in- law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. 4. Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. 6.13 PERSONAL LOANS A. Except as set forth in subdivision (B), a personal loan received by any designated public official shall become a gift to the designated public official for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. 6-9 b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months. B. This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. C. Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. 6.14 DISQUALIFICATION No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to 6-10 official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating to the maximum amount established by law, or more, in value provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. 6.15 LEGALLY REQUIRED PARTICIPATION No designated public official shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated public official who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. 6.16 DISQUALIFICATION OF STATE OFFICERS AND EMPLOYEES In addition to the general disqualification provisions of Section 6.14, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1000 or more. 6.17 DISCLOSURE OF DISQUALIFYING INTEREST When a designated public official determines that he or she should not make a governmental decision because he or she has a 6-11 disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. 6.18 ASSISTANCE OF THE COMMISSION AND COUNSEL Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. 6.19 VIOLATIONS This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 – 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. 6.20 PROHIBITED TRANSACTIONS Members of the Board of Directors and Designated Employees shall comply with the Prohibited Transactions policy, annexed hereto as Exhibit A, pursuant to California Government Code Sections 1090, et seq. 6.21 INCOMPATIBLE ACTIVITIES Members of the Board of Directors, District officers, and all other District employees shall comply with the Incompatible Activities policy, annexed hereto as Exhibit B, pursuant to California Government Code Sections 1126, et seq. 6-12 APPENDIX OTAY WATER DISTRICT CONFLICT OF INTEREST CODE DESIGNATED POSITIONS The Treasurer and all District Officials who manage the investment of public funds are included in and governed by this Conflict of Interest Code only with respect to its disqualification provisions. For purposes of disclosure, the Treasurer and all District Officials who manage the investment of public funds are governed by the statutory conflict of interest provisions of Article 2 of Chapter 7 of the Political Reform Act of 1974. (Government Code Sections 87200, et seq.) DESIGNATED EMPLOYEES’ TITLE OR FUNCTION__ DISCLOSURE CATEGORIES ASSIGNED Members of the Board of Directors 1, 2, 3, 4, 5, 6 General Manager 1, 2, 3, 4, 5, 6 Secretary of District Secretary 6 Asst. General Manager, 1, 2, 3, 4, 5, 6, 7 Finance and Administration Asst. General Manager, 1, 2, 3, 4, 6, 7 Engineering and Operations Chief of Administrative Services 1, 2, 3, 4, 5, 67 Chief Financial Officer 1, 2, 5, 7 Chief Information Officer 1, 3, 7 Chief of Engineering 1, 2, 3, 4, 7 Chief of Water Operations 1, 2, 3, 4, 7 Associate Civil Engineer 1, 2, 3, 4, 7 Communications Officer 6 Customer Service Manager 2, 5, 7 Environmental Compliance Specialist 1, 2, 3, 4, 7 6-13 Engineering Manager/Design, 1, 2, 3, 4, 7 Construction, and Planning 1, 2, 3, 4, 7 Engineering Manager/Water Resources 1, 2, 3, 4, 7 Finance Manager, Controller, and Budget 2, 5, 7 Finance Manager, Treasury, and Accounting 2, 5, 7 GIS Manager 3, 6, 7 Human Resources Manager 3, 6 IT Operations Manager 3, 6, 7 Network Engineer 3, 6, 7 Public Services Manager 1, 2, 3, 4, 7 Purchasing and Facilities Manager 2, 6 Safety and Security Administrator 1, 2, 3, 4, 6 Senior Buyer 6 Senior Civil Engineer 1, 2, 3, 4, 7 System Operations Manager 1, 2, 3, 4, 7 Utility Services Manager 1, 2, 3, 4, 7 Water Conservation Manager 2, 3, 4, 6 Consultant8 1, 2, 3, 4, 5, 6 8 Consultants are required to file disclosure statements where they: (a) conduct research and arrive at conclusions with respect to rendition of information, advice, recommendation or counsel independent of control and direction of the agency or any agency official other than normal contract monitoring; and (b) possess no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel. The determination as to whether a consultant shall be required to file a disclosure statement shall be made by the General Manager or his or her designee. 6-14 APPENDIX, CONTINUED DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, or real property which the designated employee must disclose for each disclosure category to which he or she is assigned. Category 1: All investments and business positions in, and sources of income from, all business entities that do business or own real property in the District, plan to do business or own real property in the District within the next year or have done business or owned real property in the District within the past two years. Category 2: All interests in real property which are located in whole or in part within, or not more than two (2) miles outside the boundaries of the District. Category 3: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit or licensing authority of the Designated Employee’s Department, will be subject to such authority within the next year or have been subject to such authority within the past two years. Category 4: All investments, in, business positions, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property in the District, plan to engage in such activities in the District within the next year or have engaged in such activities in the District within the past two years. Category 5: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan or other financial institutions. Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery or equipment of a type purchased or, leased, used, or administered by the District. Category 7: All investments and business positions in, and sources of income from business entities that provide services, supplies, materials, machinery or equipment of a type purchased, leased, used, or administered by the Designated Employee’s Department. 6-15 EXHIBIT A Prohibited Transactions for Specified Personnel Members of the Board of Directors (“Members”) shall comply with this Prohibited Transactions policy pursuant to California Government Code §§ 1090, et seq. Members shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Members shall not be purchasers at any sale or vendors at any purchase made by them in their official capacity. Members shall not be deemed to be interested in a contract entered into by a body or board of which they are members if the Member has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the Member is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the Board of Directors member with the remote interest. “Remote interest” shall be defined as in California Government Code § 1091(b). Members shall not be considered to be financially interested in a contract if their interest is including, but not limited to, any of the following (Government Code § 1091.5): 1. That of an officer in being reimbursed for his/her actual and necessary expenses incurred in the performance of an official duty; 2. That of a recipient of public services generally provided by the public body or board of which he/she is a member, on the same terms and conditions as if he or she were not a member of the board; 3. That of a landlord or tenant of the contracting party if such contracting party is the federal government or any federal department or agency, this state or an adjoining state, any department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, or an public corporation or special, judicial or other public district of this state or an adjoining state unless the subject matter of such contract is the property in which such officer or employee has such interest as landlord or tenant in which even his/her interest shall be deemed a remote interest within the meaning of, and subject to, the provisions of Government Code 1091; 4. That of a spouse of an officer or employee of a public agency if his/her spouse’s employment or office-holding has 6-16 existed for at least one year prior to his/her election or appointment; 5. That of a non-salaried member of a nonprofit corporation, provided that such interest is disclosed to the board at the time of the first consideration of the contract, and provided further that such interest is noted in its official records; 6. That of a non-compensated officer of a nonprofit, tax-exempt corporation, which, as one of its primary purposes, supports the functions of the board or to which the board has legal obligation to give particular consideration, and provided further that such interest is noted in its official records; 7. That of compensation for employment with a governmental agency, other than the governmental agency that employs the officer or employee, provided that the interest is disclosed to the board at the time of consideration of the contract, and provided further that the interest is noted in its official records; 8. That of an attorney of the contracting party of that of an owner, officer, employee or agent of a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of less than 10 percent in the law practice or firm, stock brokerage firm, insurance firm or real estate firm. In addition, Members shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure established by law if their sole interest is that of an officer, director, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or depositor, debtor or creditor (Government Code § 1091.5). Authority: California Government Code §§ 1090, et seq. 6-17 EXHIBIT B Incompatible Activities Policy District officers, members of the Board of Directors, and all other District employees (collectively, “district personnel”) shall comply with this Incompatible Activities policy pursuant to California Government Code §§ 1126, et seq. District personnel shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a member of the Board of Directors, or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed. The outside employment, activity, or enterprise of district personnel is prohibited if it: (1) involves the use for private gain or advantage of his or her local District time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local District office or employment or, (2) involves receipt or acceptance by district personnel of any money or other consideration from anyone other than the District for the performance of an act which district personnel, if not performing such act, would be required or expected to render in the regular course or hours of their local District employment or as a part of their duties as a local District officer or employee or, (3) involves the performance of an act in other than his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he or she is employed, or (4) involves the time demands as would render performance of his or her duties as a local district personnel member less efficient. Nothing in this policy shall be interpreted to prohibit any outside employment, activity, counsel, or enterprise on behalf of another governmental entity, subject to common law and professional conflict of interest rules. Copies of this regulation shall be posted in prominent places at the District Office. District personnel who violate this regulation may be subject to discipline as set forth in the applicable Code of Ordinances and Policies. Board of Directors members who violate this section may be subject to censure. Disciplinary appeals by district personnel shall be handled pursuant to applicable Code of Ordinances and Policies. Authority: California Government Code §§ 1125, et seq. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Mark Watton, General Manager PROJECT: Various DIV. NO. ALL APPROVED BY: Mark Watton, General Manager SUBJECT: Local Area Formation Commission (LAFCO) Special Districts 2012 Election GENERAL MANAGER’S RECOMMENDATION: That the Board consider casting votes for a Regular District Member on LAFCO’s Commission and eight (8) Special Districts Advisory Committee members in the LAFCO Special Districts 2012 Election. COMMITTEE ACTION: See Attachment A. PURPOSE: To present for the Board’s consideration the LAFCO Special Districts 2012 Election ballots. ANALYSIS: In April of this year, LAFCO solicited nominations for a Regular District Member on their Commission and eight (8) Special Districts Advisory Committee members. They received two (2) nominations for the Regular Member and nine(9) nominations for the eight (8) positions on their Sepcial Districts Advisory Committee. Mr. Bud Pocklington, South Bay Irrigation District, is the current Regular Member incumbent and he is running for re-election. Of the nine (9) candidates for the Special Districts Advisory Committee seats, seven (7) are current incumbents. The District has received the ballots for the elections along with the Nominating Committee’s report and recommendations, and the candidates’ nomination forms (please see attached). The incumbents names appear in italics on the ballots. Also attached is a letter from Mr. Jim Archer, Alpine Fire Protection District, who is requesting the District’s support for his nomination to the LAFCO Special District’s Advisory Committee. AGENDA ITEM 6d Ballots must be submitted to LAFCO by October 10, 2012. FISCAL IMPACT: Joe Beachem, Chief Financial Officer None. STRATEGIC GOAL: Participating would support the strategic goal of maintaining effective communications with other cities, special districts, State and Federal governments, community organizations and Mexico. LEGAL IMPACT: None. Attachments: LAFCO Correspondence LAFCO Nominating Committee Report and Ballots Candidates’ Nomination Forms James Archers Correspondence ATTACHMENT A SUBJECT/PROJECT: Local Area Formation Commission (LAFCO) Special Districts 2012 Election COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on September 17, 2012. The committee suggested that the board cast the District’s votes in support of the nominating committee’s recommendations and that this item be presented for the full board’s consideration on the consent calendar. .. 9335 Hazard Way • Suite 200 • San Diego, CA 92123 Phone (858) 614-7755 • Fax (858) 614-7766 San Diego Local Agency Formation Commission Website:www.sdlafco.org Chairwoman Dianne Jacob County Board of Supervisors Vice Chairman Andrew L. Vanderlaan Public Member Members Bill Horn County Board of Supervisors Bud Pocklington South Bay Irrigation District Mark Lewis Mayor City of El Cajon John Ingalls Santa Fe Irrigation District Lorie Zapf Councilmember City of San Diego Jim Janney Mayor City of Imperial Beach Alternate Members Greg Cox County Board of Supervisors Sherri Lightner Councilmember City of San Diego Sam Abed Mayor City of Escondido Jo MacKenzie Vista Irrigation District Harry Mathis Public Member Executive Officer Michael D. Ott Counsel Thomas Bosworth August 29 , 2012 TO: Independent Special Districts of San Diego County FROM: Executive Officer Local Agency Formation Commission SUBJECT: 2012 Special Districts Election By our letter of April 27, 2012, we solicited nominations for one regular district commission position on the Local Agency Formation Commission (LAFCO), and eight positions on LAFCO's Special Districts Advisory Committee. By the deadline of June 8, 2012, two nominations for the regular Commission member, and nine nominations for eight positions on the Advisory Committee were received . As required by the Selection Committee Rules, all eligible nominations were forwarded to the Nominating Committee. The 2012 Nominating Committee was comprised of Gary Croucher (Otay Water District), Judy Hanson (Leucadia Wastewater District), and Kimberly Thorner (Oiivenhain Municipal Water District). After the Candidates Forum held on August 16, 2012 at the San Diego Chapter of the California Special District Association's Quarterly Dinner Meeting, LAFCO Consultant Harry Ehrlich met with the Nominating Committee on August 22, 2012 to discuss a recommended slate of nominees for the open positions. A copy of the Nominating Committee's Report and Recommendations is attached (Attachment 1). Special District Election Ballots and Vote Certification forms on which to record your votes are also attached (Attachment 2). A list of the eligible independent special districts is provided for your convenience (Attachment 3). Please note that LAFCO staff has not included any of the candidates' promotional materials with the election materials. Lastly, attached are the Special District Summary of Nominations and copies of Nomination Forms (Attachment 4). With respect to ballots, there is a separate ballot for each position: yellow for the LAFCO regular special district member, and blue for the advisory committee members. Be sure each ballot is marked only for the number of positions to be voted for in that category. A ballot that is cast for more than the indicated number of positions will be disregarded. Independent Special Districts August 29, 2012 Page Two The ballots should be considered by your full district board. State Law and the Selection Committee Rules require a district's vote to be cast by its presiding officer, or an alternate member of the legislative body appointed by the other members. Therefore, the certification form has been incorporated with the ballot forms to be signed by the person who casts your district's votes. A ballot received without a signed certification form will not be counted . All nominees are listed on the respective ballot. An asterisk indicates the nominating committee recommendations , and incumbents have been italicized. Write-in candidates are permitted, and spaces have been provided for that purpose. The deadline for receipt of the ballots by LAFCO is October 10, 2012. The Selection Committee Rules require that marked ballots be returned by certified mail, return receipt requested. Facsimile (FAX) ballots and certification forms will be accepted, If necessary to meet the ballot deadline, but originals must be submitted as soon as possible thereafter. The Selection Committee Rules stipulate that a majority of the districts shall constitute a quorum for the conduct of committee business. There are 61 independent special · districts in the county; therefore, a minimum of 31 ballots must be received to certify that a legal election was conducted. A candidate for the LAFCO member position must receive at least a majority of the votes cast to be elected. Election to the Special Districts Advisory Committee requires only a plurality vote. The ballots will be kept on file in this office, and will be made available upon request. MDO:trl Attachments: (1) Nominating Committee Report and Recommendations (2) Special District Election Ballot and Vote Certification Form (3) Independent Special District List (4) Independent Special District Summary of Nominations and Copies of Nomination Forms 1 9335 Hazard Way • Suite 200 • San Diego, CA 92123 Phone (858) 614-7755 • Fax (858) 614-7766 San Diego Local Agency Formation Commission Website:wvvw.sdlafco.org Chairwoman Dianne Jacob County Board of Supervisors Vice Chairman Andrew L. Vanderlaan Public Member Members Bill Horn County Board of Supervisors Bud Pocklington South Bay Irrigation District Mark Lewis Mayor City of El Cajon John Ingalls Santa Fe Irrigation District Lorie Zapf Councilmember City of San Diego Jim Janney Mayor City of Imperial Beach Alternate Members Greg Cox County Board of Supervisors Sherri Lightner Councilmember City of San Diego Sam Abed Mayor City of Escondido Jo MacKenzie Vista Irrigation District Harry Mathis Public Member Executive Officer Michael D. Ott Counsel Thomas Bosworth August 29 , 2012 TO: Independent Special Districts in San Diego County FROM : 2012 Special Districts Election Nominating Committee SUBJECT: Nominating Committee Report and Recommendations In 2012, independent special district nominations were solicited for: (1) one Regular District member on the Local Agency Formation Commission (LAFCO) Commission with a term expiring in 2016, and (2) eight Special Districts Advisory Committee members with eight terms expiring in 2016. By the deadline of June 8, 2012, our office received two nominations for the LAFCO regular member position, and nine nominations for the eight Special Districts Advisory Committee positions. As required by the Selection Committee Rules, a nominating committee was appointed to review the nominations submitted, and to prepare a list of recommended candidates. According to the Selection Committee Rules, the nominating committee is appointed by the chairperson or vice chair of the Special Districts Advisory Committee. A Candidates Forum , moderated by LAFCO Consultant Harry Ehrlich was scheduled on August 16th as part of the quarterly dinner meeting of the San Diego Chapter, California Special Districts Association. All candidates were invited to attend and present a brief statement of qualifications. In the interest of impartiality, the Nominating Committee decided to conclude its deliberations after the Candidates Forum. In evaluating the nominations, the committee considered special district experience, interest, and knowledge of LAFCO issues. For those nominees who are incumbents, the committee further considered attendance records and meeting participation. The committee also wanted to ensure representation from those types of districts that most often are involved in making recommendations to LAFCO. The nominating committee's recommendation for each category follows: Attachment 1 2012 Nominating Committee Report August 29 , 2012 Page Two NOMINATING COMMITTEE RECOMMENDATIONS LAFCO Regular Member The Nominating Committee recommended Bud Pocklington (South Bay Irrigation District.) Special Districts Advisory Committee Members The Nominating Committee recommended the following nominees for the Advisory Committee (incumbents are italicized): James Archer (Alpine Fire Protection District) Dennis Shepard (North County Cemetery District) Augie Scalzitti (Padre Dam Municipal Water District) Douglas Humphrey (Resource Conservation District of Greater San Diego County) Teresa Thomas (South Bay Irrigation District) Gary Arant (Valley Center Municipal Water District) Tom Bumgardner (Valley Center Parks and Recreation District) Margarette Morgan (Vista Fire Protection District) Copies of all nominations are attached following this report. GARY CROUCHER OTAY WATER DISTRICT 2012 NOMINATING COMMITTEE JUDY HANSON LEUCADIA WASTEWATER DISTICT KIMBERLY THORNER OLIVENHAIN MUNICIPAL WATER DISTRICT * 2012 SPECIAL DISTRICTS ELECTION BALLOT and VOTE CERTIFICATION FOR REGULAR LAFCO SPECIAL DISTRICT MEMBER VOTE FOR ONLY ONE Bud Pocklington (South Bay Irrigation District) Jon J. Lorenz (Lakeside Fire Protection District) Write-Ins [ ] [ ] I hereby certify that I cast the votes of the ________________ _ (Name of District) at the 2012 Special Districts Selection Committee Election as : the presiding officer, or the duly-appointed alternate board member. (Signature) (Title) (Date) Please note: The order in which the candidates' names are listed was determined by random selection. * = Nominating Committee's Recommendation Attachment 2 * * * * * * * * ** 2012 SPECIAL DISTRICTS ELECTION BALLOT and VOTE CERTIFICATION FOR SPECIAL DISTRICTS ADVISORY COMMITTEE MEMBER VOTE FOR ONLY EIGHT (Incumbents are italicized) Dennis Shepard (North County Cemetery District) William Haynor (Whispering Palms Community Services District) James Archer (Alpine Fire Protection District) Douglas Humphrey (Resou rce Conservation District Greater San Diego County) Gary Arant (Valley Center Municipal Water District) Augie Scalzitti (Padre Dam Municipal Water District) Margarette Morgan (Vista Fire Protection District) Tom Bumgardner (Valley Center Parks and Recreation District) Teresa Thomas (South Bay Irrigation District) Write-Ins 1 I hereby certify that I cast the votes of the ________________ _ (Name of District) at the 2012 Special Districts Selection Committee Election as: the presiding officer, or the duly-appointed alternate board member. (Signature) (Title) (Date) Please note: The order in which the candidates' names are listed was determined by random selection. *=Nominating Committee's Recommendation Attachment 2 • DATE RECEIVED BY LAFCO: RECEIVED JUN 0 6 2012 SAN DIEGO LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) ' . '" N·"O M~J N A T E :o BY: •. -.. -- District Name : South Bay Irrigation District District Phone : _{_619) 427-0868 NAME OF NOMINEE: Name: Bud Pocklington Address: 505 Garrett Avenue, Chula Vista , CA 91910 Phone: (619) 409-6703 --. .. ' ··--N:·O M I N A T E D FOR: --c . .. -- Please marl< only one LAFCO REGULAR (X) ADVISORY COMMITTEE ( ) DISTRICT Bud was elected to the South Bay Irrigation District and Sweetwater Authority EXPERIENCE: in 1986. He has served many times as President of South Bay Irrigation District and as Chair of the Sweetwater Authority. Bud has also served on the Board of Directors of the San Diego County Water Authority for over ten years and on the Board of Directors of the Metropolitan Water District for six years. LAFCO EXPERIENCE : Bud was elected in 1989 to LAFCO's Special District Advisory Committee. While serving as Chairman of the Advisory Committee , he was elected as the Alternate District Member of LAFCO in 1997 and became a LAFCO Regular Member in 2000. He is very knowledgeable and supportive of special districts and has frequently demonstrated this when reviewing proposals to advise and/or make recommendations to the Commission. ADDITIONAL In the past four years, the LAFCO Commission has elected Bud to be its INFORMATION : LAFCO Vice Chair and Chair. Bud is an enthusiastic supporter of special '· district government and knowledgeable of its role and function in local government. The Directors of South Bay Irrigation District urge your support in reelecting Bud to serve as the LAFCO Regular Member. Authorized Signature:! ~ rl A-4~ This form can be downloaded at the following link: htto://wwwidlafcolmuWhatsNe~12Nomination.doc L/ San Diego LAFCO 9335 Hazard Way, Suite 200 San Diego, CA 92123 RECEIVED DAl"E RECEIVED BY LAFCO: JUN 0 4 2012 SAN DIEGO LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) District Name: District Phone: Name: Address: Phone: Please mark only one DISTRICT EXPERIENCE: Lakeside Fire Protection District ( 6 19) 390-2350 Jon J. Lorenz 8031 Winter Gardens Blvd. #13 (619) 733-3012 LAFCO REGULAR~){ ADVISORY COMMITTEE ( Director -Lakeside Fire Board. Elected Nov. 2 Regional Fire Advisory Committee -Since Feb. 2 Heartland Communications Facility Authority - F CSA-69 Ambulance District Advisory Committee· - LAFCO Special Distri_cts Advi.sory Committee-Oct LAFCO EXPERIENCE : LAFCO Special Districts Advisory Committee. 10. 11. b. 2011. I eb. 2011 I 2011 I ADDITIONAL INFORMATION: Mr. Lorenz currently serves as Lead Manager in he U.S. Navy. Authorized This form can be downloaded at the following link: http://www.sdlafco.org/WhatsNew/2012Nomination.doc San Diego LAFCO 9335 Hazard Way, Suite 200 ATTACHMENT 2 San Diego, CA 92123 DATE RECEIVED BY LAFCO: RECEIVED JUN - 6 2012 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) SAN DIEGO LAFCO District Name: District Phone: Name: Address: Phone : Please mark only one DISTRICT EXPERIENCE : Center Munici al Water District Ga Arant P.O. Box 67, Valle Center, CA 92082 Assistant to the General Manager, Walnut Valley Water District (Los Angeles County) 1973-1980. General Manager, Rincon del Diablo MWD, 1980-1989. LAFCO EXPERIENCE: Member, LAFCO Special District Advisory Committee Member, 1981 to Present. ADDITIONAL INFORMATION: Masters of Public Administration, CSU Fullerton. Member, California Regional Water Quality Control Board, San Diego, Region,1983-1997 Member, SDCWA Board of Directors (currently). Authorized Signature: ~ ({ ~ ./ /) Pres~, Board of Direc~ This form can be downloaded at the following link: http://www.sdlafco.org/WhatsNew/2012Nomination.doc ATTACHMENT 2 San Diego LAFCO 9335 Hazard Way, Suite 200 San Diego, CA 92123 · DATE RECEIVED BY LAFCO: RECEIVED 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) MAY 18 2012 SAN DIEGO LAFCO ~··o .M IN ATE 0 ·~ ~.yf , j ~. ~ \ District Name: District Phone: NAME OF Name: Address: Phone: NOMINATED Please mark only one DISTRICT EXPERIENCE: Alpine Fire Protection District (619) 445-2635 James (Jim) Archer 1461 Alpine Grove Lane, Alpine California 91901 (619) 722-1358 LAFCO REGULAR ( ) ADVISORY COMMITTEE ( X ) Sitting member of the Alpine Fire Protection District Sitting member of the Alpine Planning Group Sitting Member of the Alpine Fire District Board of Directors Chairman of the Alpine Parks and Recs subcommittee Sitting Member of three Homeowners Associations; President of two. Overseeing Three million dollar er ear bud et. LAFCO EXPERIENCE: Dealt with planning and zoning as a Building and Electrical Contractor. ADDITIONAL Retired Electrical Contractor INFORMATION: San Diego LAFCO Retired Labor Consultant Studied Economics at the University of Southern Illinois For six years I was a sitting member of two HMO State public policy advisory committees, PDS and Vista Hills. ATTACHMENT 2 9335 Hazard Way, Suite 200 San Diego, CA 92123 RECEIVED DATE RECEIVED BYLAFCO: JUN -8 2012 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use} SAN DIEGO LAFCO ----------- NOMINATED BY : _p~~!ct ~a:~:~~~ __ J!_hi~p~~n~---~~~-~~-~-~~:nmun!_tY __ ~_e_:~-~-:~-~~~;~:t ~~~~-=--= __ DisJrictP~-~~~:_ 1760-942-5147 -----1 ----· ·---------·----· ----. - --------------------·--------·--------------------------------·-----------------------~ I N A M E 0 F N 0 M I N E E : I --~~~:~---·-·-·--·-r~:~~--~:-~~~r ·----· ----------·---------------------i 1_1\_d~~~:-~--. . .. _ ~PO Box-~';;, --;::~:;-~~n~ ~~-c;-~206 ;==: _ _ -~ -= / Phone: 858-229-5451 ,---------·--·-----------·-··---·--·-·----··--·------·--·-----·-----·---··-----··--·----- / NOMINATED FOR : ---;:,:, m.~~~~.--l ~~~Ts0o ~~ GcUJ~~I HE E (X) -----·---· -··---·-·-li:--whispe~rngp;;..Tm-s community services District. san olC9o Count.YCA-·Boa.rcr----- 0/STRICT !Member since November 2010. The District is responsible for providing wastewater col lection and treatment EXPERIENCE: services to the Whispering Palms community .as· well as landscape maintenance services for several areas within the Whispering Palms community. 2. Strawberry Recreation District, Marin county, CA. Board Member for 6 years. Worked with LAPCO and the County Pl anning Department on the potential incorporation of Strawberry which was put on hol d. 3. Chairman of a committee of the Richardson Bay Development Committee, Marin County, CA. responsible for permit approval of development along t he waterfront including the Cities of Sausilito, Tiburon, Mill valley, and Belvedere. 4. r~arin Nunicipal ~later District, Marin County. CA. Elected as the Southern Marin LAFCQ EXPERIENCE: Appointed as a member of t:he LAFCO Advisory COIOOlittee in February 2012. ADDITIONAL INFORMATION: I I As a board member of the Strawberry Recreat ion Distr ict, Marin County, CA, worked with LAFCO and the County Planning Department on the potential incorporation of Strawberry, which vas eventually put on hold. ·!' .,"=;,-;, , .. ;·,.,., ;-;;;., ••• -~ ... ;« '"'' ~ '" ••=••><• ,,.;:;;;· ·;;;.;;;;;;;~- and MBA, USC; Military:.Capta1n in the USAF as an Avionics Officer. Corporate J expertence:VP Co1·porate Financ1al Planning,Bank of America; Executive VP and Chief 1 Administra.tive Officer, Bank of San Francisco; Founding Director of Select:q.uote 1 / I ~::~::::e 0:e:~:c:~~D I~:~c::u~=~:!r B:::r~~rector of the STAR system; Past Vice I / ·--·-··--. ··----·---··· ··---.. -. ---·-·--·--·-········-·-·-·----· ·-·-·--···-·--·--·-·-------··-·---·-·-·----·-----·--···-· ----··-·-···-·-······-. -] Authorized SiQnatureJ W L ""' 4-"'-. --··--· This form can be downloaded at the following link: http://www.sdlafco.org/WhatsNew/2.012Nominatlon.doc San Diego LAfCO 9335 Hazard Way, Suite 200 ATTACHMENT 2 San Diego, CA 92123 . RECEIVED DATE RECEIVED BY LAFCO: MAY 3 0 2012 SAN DIEGO LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) District Name: District Phone: Name: Address : Phone: Please mark only one DISTRICT EXPERIENCE: North C District 760 *745*1781 Dennis L. S LAFCO REGULAR ( ) ADVISORY COMMITTEE (XX) Dennis served as Trustee of the District for 15 years. In 2006, he left the Board and took a management job in the District. He has served as the District General Manager since 2007. LAFCO EXPERIENCE: Dennis has served on the Advisory Committee since 1995. ADDITIONAL INFORMATION : Authorized This form can be San Diego LAFCO Dennis earned his Special District Administrator Certification from California Special Districts Association in 2010. Chair of the Board, North County Cemetery District link: http://www.sdlafco.org/WhatsNew/2012Nomination.doc ATTACHMENT 2 9335 Hazard Way, Suite 200 San Diego, CA 92123 DATE RECEIVED BV:LA.FCO: RECEIVED 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) JUN 0 7 2012 SAN DIEGO LAFCO NOMINATED BY: District Name: Resource Conservation District of Greater San Diego County District Phone: 619-562-0096 NAME OF NOMINEE: Name: Douglas Humphrey, Director, RCD of Greater San Diego County Address: 2732 lange Ave., San Diego, CA 92122 Phone: (w) 858-67 4-5411 NOMINATED FOR: Please marl< only one LAFCO REGULAR ( ) ADVISORY COMMITTEE (X ) DISTRICT Mr. Humphrey has been a member of the RCD of GSDC Board of Directors EXPERIENCE: Since 2001 and had prior experience on another RCD board for several Years prior to that. He has served on several committees and is Committed to the RCD's mission. LAFCO EXPERIENCE: Mr. Humphrey has served on the LAFCO Advisory Board since 2008. San Diego LAFCO 9335 Hazard Way, Suite 200 San Diego, CA 92123 .. DATE RECEIVED BYLAFCO: (Office Use) ADDITIONAL INFORMATION: San Diego LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME Mr. Humphrey is a licensed Architect, currently employed as Senior Principal Architect with the California Division of State Architect and is a lifetime resident of San Diego County. ATTACHMENT 2 9335 Hazard Way, Suite 200 San Diego, CA 92123 DATE RECEIVED BY LAFCO: RECEIVED JUN 0 4 2012 SAN DIEGO LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) '~ .. 'l .::·~i { ... ~~:~~;d~~{~j~~~·"' ~ ' NOMINATED B,Y: ·'~:~ ~ "' .· "· ,,; ~ District Name: Padre Dam Municipal Water District District Phone: (619) 448-3111 NAME OF NOMINEE: Name: Augie Scalzitti Address : P.O. Box 719003, Santee, CA 92072 Phone: (619) 258-4614 •i.''' . •. . 4{z;:;. ,, ~)9-.~:.:. ~. ;_ .,. e N 0 M.l NATE D FOR: d•' ,A,~... ~ ·"te: .. t;,:~ ....... -'~~~i Please mark only one LAFCO REGULAR () ADVISORY COMMITTEE ( X ) DISTRICT Member of the Padre Dam MWD Board of Directors. During his 14 years on the EXPERIENCE: Board he has served on the following Board Committees: Public Affairs, Finance, Facilities Development, Personnel, Park, Customer Appeals , and the Employee Involvement Team (part of the District's Workforce Partnership). He has also served as the District's representative on the Metro Commission/Metro Wastewater Joint Powers Authority, San Diego Area Wastewater Management District, and the Upper San Diego River Improvement Committee. LAFCO EXPERIENCE: Has served on the Advisory Committee since July 2003. ADDITIONAL Philosophically, Director Scalzitti believes in local control and is a strong advocate for INFORMATION: special districts, which have historically proven to be effective service providers. He is a strong believer in regional partnerships and joint ventures; recycled water optimization; local government accountability to the customers served; and agency consolidation where appropriate. Director Scalzitti represents the District at various special meetings and conferences, including Association of California Water Agencies ; California Special District Association, San Diego Chapter; Water; Council of Water Utilities; and the Santee Chamber of Commerce. ....., /,I ' ' .. .-' , I :li;' i_ly:£_., Authorized Signature /~ Y)' 'k--,.>r /k(Z ·_.k. " This form can be downloaded at the following link: http://www.sdlafco.org/wt.falsNew/2012Nomination.doc ATTACHMENT 2 San Diego LAFCO 9335 Hazard Way, Suite 200 San Diego, CA 92123 DATE RECEIVED BYLAFCO: RECEIVED JUN 0 6 2012 SAN DIEGO LAFCO 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) . -... . .. NOMINATED BY: >. ,;; .. , ___ ., ., . -·' "· : ·'. :-··· District Name : South Bay Irrigation District District Phone: {619} 409-6703 - NAME O.F NOM IN E.E: Name: Teresa "Terry" Thomas Address : 1339 Second Avenue, Chula Vista, CA 91911-4404 Phone: (619) 427-3181 Ftc<(619)422-4686 Terrvthomas4water@cox.net .. , .. . . -' --~-:::-.. ' N,:O M leN A T'_E, .. O FOR: -c· ··:: .J .. : :~~:· ;:;; •, ·-· . -"<· .. - Please mark only one LAFCO REGULAR () ADVISORY COMMITTEE (X ) DISTRICT Director, Gov. Board, South Bay Irrigation District 2006-2014, Past President 2009, 2010 EXPERIENCE: Director, Gov. Board, Sweetwater Authority, 2006-2014, Chair, Sweetwater Authority Operations Committee since 2008. Serves on Association of California Water Agencies, Water Quality Committee, 2009-14 Serves on ACWA Groundwater Committee, 2012-2014. Served on the local Community Colleges "Project Water Works" Advisory Board. Awarded Recognition in Special District Governance by the California Special District Assoc. Leadership Fdn. LAFCO EXPERIENCE: Served on San Diego LAFCO Special Districts Advisory Committee 2008-2010 International Boundary and Water Commission Citizens Forum Board for the San Diego/ Tijuana Region two terms. Served on the San Diego County Solid Waste Hearing Panel for two terms. Served on the Chula Vista General Plan Update Steering Committee until 2005, representing the CV GPU Environment, Open Space and Sustainable Development GPU Subcommittee, Served on the Chula Vista Resource Conservation Committee for 9 years and two terms as Chairperson, & Ethics Board. Served on the San Diego Unified Port District/ City of Chula Vista Master Plan Committee representing the CV. GPU Steering Committee first as GPU ALT & delegate. ADDITIONAL Prof. Emeritus, Microbiology/Env. Bioi., Southwestern College, Chula Vista, CA. INFORMATION : Member, Chula Vista Chamber of Commerce, Bonita Business and Professional Assoc. Chula Vista Southwest Civic Association, Crossroads II, Sister Cities International, Chula Vista Charitable Foundation Founding Board Member (part of SO Fdn.) Southwest San Diego County LIONS Past president, Melvin Jones Humanitarian Fellow, past International Director District 4-L6, and SW Lions LION of YEAR twice. Highly involved in Sister Cities people-to-people programs with Mexico, Japan, and Cebu Philippines for three decades on local, reQional and national level. Authorized Signature: ~. ~ ~(7l This form can be downloaded at the following link: htto:/ /wwwl~d latc1.orll/WhatsNe;i~o 12Nomination.doc . \.._./ ATTACHMENT 2 San D'iego LAFCO 9335 Hazard Way, Suite 200 San Diego, CA 92123 I BYLAFCO: II •• DATE RECEIVED RECEIVED JUN 0 4· 2012 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use} SAN DIEGO LAFCO District Name: District Phone: Name: Address: Please matt only one DISTRICT EXPERIENCE: LAFCO EXPERIENCE: ADDITIONAL INFORMATION: San Diego LAFCO LAFCO REGULAR (} ADVISORY COMMITTEE (v(' ;::;iu ~~-'-/JZtdvti.l c~dz; ._-::2-c/Vs r ~--(. ----.. ---· 9335 Hazard Way, SUite 200 ATTACHMENT 2 San Diego, CA 92123 IJ • DATE RECEIVED BY LAFCO: RECEIVED .... MAY 18 2012 2012 LAFCO AND SPECIAL DISTRICTS NOMINATION I RESUME (Office Use) SAN DIEGO LAFCO District Name: District Phone : Name: Address: Please mark only one DISTRICT EXPERIENCE: ;3ot<rd me~!Je.fl ufJ ·1--tPr 1-e lee.-/ ;tJ/\1 LAFCO EXPERIENCE : f!_utr r' e f1 f (!!/ 111 In r -fl ~ e Yn( 11'1 !JeJ} ADDITIONAL INFORMATION: San Diego LAfCO 9335 Hazard Way, Suite 200 ATTACHMENT 2 San Diego, CA 92123 Dear Special Districts Board Members; My name is Jim Archer: I am married to my wife of 47 years, Glenda; After leaving the Navy in 1960, I went to school on the Gl Bill and studied Economics I am a Retired Electri~~l C9ntractor. The last 1 0 years prior to retirement, I was the Asst. Business Manager for the International Brotherhood of Electrical Workers. For several years I sat on The IBEW Health and Welfare Trust with assets of 160, Million Dollars. I served on the Public Policy Advisory Board for Personal Dental Services a California HMO I served on the Public Policy Advisory Board for Vista Hill Health Care a California HMO. I am a Director for the Alpine Fire Board. A member of the Alpine Planning Group. Chairman of the Alpine Parks and Recs subcommittee. A member of the Alpine Kiwanis club. A member of the Knights of Columbus. I serve on 3 Home Owners Association boards, two in which, I serve as president. I volunteer a minimum of 500 hours per year to the community of Alpine and the community of Lakeside. I would like your Vote and the ability to gain your trust and respect. Regards, Jim Archer oL STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Daniel Kay Associate Civil Engineer Dan Martin Engineering Manager PROJECT: VARIOUS DIV. NO. ALL APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Asst. General Manager Mark Watton, General Manager SUBJECT: Award of As-Needed Construction Management and Inspection Services Contract for Fiscal Year 2013 through Fiscal Year 2015 GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) award a professional As-Needed Construction Management and Inspection Services (CMIS) contract to Alyson Consulting (Alyson) and to authorize the General Manager to execute an agreement with Alyson in an amount not-to-exceed $350,000 for a period of three (3) fiscal years (FY 2013 – FY 2015). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to enter into a professional As-Needed CMIS agreement with Alyson in an amount not-to-exceed $350,000 for three (3) fiscal years (FY 2013 – FY 2015). AGENDA ITEM 6e 2 ANALYSIS: The District will require the services of a professional CMIS consultant in support of the District’s Capital Improvement Program (CIP) projects for three (3) fiscal years (FY 2013 – FY 2015). It is more efficient and cost effective to issue an as-needed contract for construction management and inspection which will provide the District with the ability to obtain consulting services in a timely and efficient manner. This concept has also been used in the past for other disciplines such as engineering design, geotechnical, electrical, and environmental services. The District will issue task orders to the consultant for specific projects during the contract period. The consultant will then prepare a detailed scope of work, schedule, and fee estimate for each task order assigned under the contract. Upon written task order authorization from the District, the consultant shall then proceed with the project as described in the scope of work. The anticipated CIP projects that are estimated to require CMIS for the duration of this contract are listed below: CIP Capital Facilities Project ESTIMATED COST P2453 SR-11 Utility Relocations $50,000 P2477 624-1 Reservoir Cover Replacement $25,000 P2493 624-2 Reservoir Interior/Exterior Coating $30,000 P2507 East Palomar Street Utility Relocation $20,000 P2518 803-3 Reservoir Interior/Exterior Coating $15,000 P2519 832-2 Reservoir Interior/Exterior Coating $15,000 S2033 Sewer System Various Locations Rehabilitation $75,000 S2040 Calavo Sewer Basin Improvements $60,000 S2041 Rancho San Diego Sewer Basin Improvements $40,000 TOTAL: $330,000 The CMIS scopes of work for the above projects are estimated from preliminary information and past projects. Therefore, staff believes that a $350,000 cap on the As-Needed CMIS contract is adequate, while still providing additional capacity for unforeseen support needs by the District. This As-Needed CMIS contract does not commit the District to any expenditure until a task order is approved to perform work on a CIP project. The District does not guarantee work to the consultant, nor does the District guarantee that it will expend all of the funds authorized by the contract on professional services. 3 The District solicited CMIS by placing an advertisement on the Otay Water District’s website on July 5, 2012 with various other publications including the San Diego Daily Transcript. Twenty-two (22) firms submitted a letter of interest and a statement of qualifications. The Request for Proposal (RFP) for As-Needed CMIS was sent to the twenty two (22) firms resulting in eight (8) proposals received by August 14, 2012.  Alyson Consulting  Dudek & Associates, Inc.  G&A, Inc.  Harris & Associates  KCM Group  Nolte Vertical Five  Psomas  Valley Construction Management The thirteen (13) firms that chose not to propose are Arcadis-US, Inc., CPM Partners, Inc., EPC Consultants, Jacobs Engineering Group, Inc., Lee & Ro, Inc., Marrs Services, Inc., Nuera Contracting & Consulting, RBF Consulting, SA Associates, Vali Cooper & Associates, Vanir Construction Management, Inc., Willdan Engineering, and Zero Energy Institute LLC. In accordance with the District’s Policy 21, staff evaluated and scored all written proposals and interviewed the top three (3) firms on August 29, 2012. Alyson received the highest score for their services based on their experience, understanding of the scope of work, proposed method to accomplish the work, and their composite hourly rate. Alyson was the most qualified consultant with the best overall rating or ranking score. A summary of the complete evaluation is shown in Attachment B. Based upon the review of all the hourly composite rates, staff did not negotiate with Alyson to lower their proposed rates because their rate was below the average submitted by all nine (9) consultants. Alyson submitted the Company Background Questionnaire as required by the RFP and staff did not find any outstanding issues. In addition, staff checked their references and performed an internet search on the company. Staff found the references to be excellent and did not find any outstanding issues with the internet search. Staff found that Alyson is a relatively new company, however, the individuals proposed on this project have worked with the District in the past with previous firms and they performed at a high level. 4 FISCAL IMPACT: Joe Beachem, Chief Financial Officer The funds for this contract will be expended for a variety of projects, as previously noted above. This contract is for as-needed professional services based on the District’s need and schedule, and expenditures will not be made until a task order is approved by the District for the consultant’s services on a specific CIP project. Based on a review of the financial budgets, the Project Manager anticipates that the budgets will be sufficient to support the professional as-needed consulting services required for the CIP projects noted above. The Finance Department has determined that the funds to cover this contract are available as budgeted for these projects. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District in a professional, effective, and efficient manner” and the District’s Vision, “A District that is innovative in providing water services at affordable rates, with a reputation for outstanding customer service.” LEGAL IMPACT: None. P:\WORKING\As Needed Services\Engineering Design\FY 2013-2014\Staff Report\BD 10-9-12, Staff Report, As-Needed Engineering Design Services, (JM-RR).docx DK/DM:jf Attachments: Attachment A – Committee Action Attachment B – Summary of Proposal Rankings ATTACHMENT A SUBJECT/PROJECT: VARIOUS Award of As-Needed Construction Management and Inspection Services Contract for Fiscal Year 2013 through Fiscal Year 2015 COMMITTEE ACTION: The Engineering, Operations, and Water Resources reviewed this item at a meeting held on September 19, 2012 and the following comments were made:  Staff requested that the Board award a professional As- Needed Construction Management and Inspection Services (CMIS) contract to Alyson Consulting (Alyson) and to authorize the General Manager to execute an agreement with Alyson in an amount not-to-exceed $350,000 for a period of three (3) fiscal years (FY 2013 – FY 2015).  Staff stated that with the existing as-needed construction management contract committed through this fiscal year and with the upcoming CIP for fiscal years 2013 through 2015, there were projects where the District would require support for construction management and inspection services. Details of these projects are provided on page 2 of the staff report.  Staff provided a background of the Project and stated that in accordance with District Policy 21, the District solicited for a professional CMIS consultant to monitor the Project. The result of the solicitation process is provided on page 3 of the staff report.  Staff discussed the interview selection and evaluation process and indicated that out of eight (8) proposals submitted to the District, Alyson Consulting received the highest score and therefore staff is recommending Alyson for the As-Needed CMIS contract. It was noted that five (5) staff members reviewed the proposals and also participated in interviews for three firms that were shortlisted. The results of the analysis are shown in Attachment B of the staff report.  Staff indicated that Alyson is a relatively new company, but noted that the individuals proposed on this project have worked with the District on past projects with previous firms and they performed at a high level.  In response to a question by the Committee, staff indicated that the individuals proposed on this project had previously worked for RBF Consulting and provided Construction Management and Inspection Services for the 36- Inch Potable Pipeline, 30-Inch Recycled Water Pipeline, and 640 Reservoir Projects. Following the discussion, the EO&WR Committee supported staffs’ recommendation and presentation to the full board as a consent item. Qualifications of Staff Understanding of Scope, Schedule and Resources Soundness and Viability of Proposed Project Plan INDIVIDUAL SUBTOTAL - WRITTEN AVERAGE SUBTOTAL - WRITTEN Proposed Rates* Consultant's Commitment to DBE AVERAGE TOTAL WRITTEN Additional Creativity and Insight Strength of Project Manager Presentation, Communication Skills Quality of Response to Questions INDIVIDUAL TOTAL - ORAL AVERAGE TOTAL ORAL 30 25 30 85 85 15 Y/N 100 15 15 10 10 50 50 #REF!Poor/Good/ Excellent Dan Martin 26 23 26 75 13 13 8 8 42 Brandon DiPietro 26 22 24 72 13 12 8 9 42 Ron Ripperger 25 23 25 73 13 13 7 7 40 Bob Kennedy 27 23 27 77 12 13 9 8 42 Jake Vaclavek 26 21 25 72 11 13 8 7 39 Dan Martin 22 20 23 65 Brandon DiPietro 25 21 23 69 Ron Ripperger 24 23 25 72 Bob Kennedy 24 20 24 68 Jake Vaclavek 27 21 26 74 Dan Martin 28 24 29 81 14 14 9 9 46 Brandon DiPietro 29 23 28 80 14 14 8 9 45 Ron Ripperger 26 24 27 77 14 14 9 9 46 Bob Kennedy 27 23 27 77 14 14 9 9 46 Jake Vaclavek 29 21 26 76 13 14 7 9 43 Dan Martin 25 22 24 71 13 14 9 8 44 Brandon DiPietro 26 23 26 75 14 12 8 8 42 Ron Ripperger 25 23 24 72 14 13 8 8 43 Bob Kennedy 24 20 24 68 12 13 9 8 42 Jake Vaclavek 23 20 23 66 13 13 7 7 40 Dan Martin 22 20 22 64 Brandon DiPietro 24 21 22 67 Ron Ripperger 24 21 22 67 Bob Kennedy 20 17 20 57 Jake Vaclavek 20 17 17 54 Dan Martin 26 22 26 74 Brandon DiPietro 26 22 25 73 Ron Ripperger 26 24 25 75 Bob Kennedy 24 20 24 68 Jake Vaclavek 25 20 25 70 Dan Martin 22 20 22 64 Brandon DiPietro 24 23 21 68 Ron Ripperger 24 23 23 70 Bob Kennedy 20 17 20 57 Jake Vaclavek 21 19 17 57 Dan Martin 26 23 26 75 Brandon DiPietro 27 23 27 77 Ron Ripperger 24 23 23 70 Bob Kennedy 24 20 24 68 Jake Vaclavek 22 23 22 67 Dan Martin 24 22 24 70 Brandon DiPietro 27 24 25 76 Ron Ripperger 26 23 24 73 Bob Kennedy 24 20 24 68 Jake Vaclavek 25 20 25 70 *The fees were evaluated by comparing rates for five positions. The sum of these five rates are noted on the table to the left. Consultant Rate Position Score Note: The Review Panel does not see or consider rates when scoring other categories. Rates are scored by the PM, who is not on the Review Panel. Valley CM $430 lowest 15 G&A Inc.$465 13 Atkins $540 10 Nolte Vertical Five $552 9 Alyson Consulting $565 9 Psomas $610 7 Dudek $618 6 KCM Group $630 6 Harris & Associates $735 highest 1 SUMMARY OF PROPOSAL RANKINGS As-Needed Construction Management and Inspection Services 77 78 73 76 127 68 79 45 132 Excellent TOTAL SCORE REFERENCES 41 125 Psomas 71 7 Y 78 ORAL 42 74 70 WRITTEN 87 84 Dudek 71 6 Y 77 ATTACHMENT B MAXIMUM POINTS Alyson Consulting 70 15 Y9 10 78 79 RATES SCORING CHART Nolte Vertical Five Y 68 Atkins Y Y 85 KCM Group 62 6 9 Y Valley CM Harris & Associates 72 1 Y 73 13 76G&A Inc.63 Y NOT INTERVIEWED NOT INTERVIEWED NOT INTERVIEWED NOT INTERVIEWED NOT INTERVIEWED NOT INTERVIEWED P:\WORKING\As Needed Services\Construction Management\As Needed CM & Inspection Svcs FY13, FY15\Selection Process\Summary of Proposal Rankings - Final.xls STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Jeff Marchioro Senior Civil Engineer Ron Ripperger Engineering Manager PROJECT: VARIOUS DIV. NO. ALL APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Asst. General Manager Mark Watton, General Manager SUBJECT: Award of As-Needed Engineering Design Services Contract for Fiscal Years 2013 and 2014 GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) awards a professional As-Needed Engineering Design Services contract to Aegis Engineering Management, Inc. (AegisEM) and to authorize the General Manager to execute an agreement with AegisEM in an amount not-to-exceed $300,000 for a period of two (2) fiscal years (FY 2013, FY 2014). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to enter into a professional As-Needed Engineering Design Services agreement with AegisEM in an amount not-to-exceed $300,000 for a period of two (2) fiscal years (FY 2013, FY 2014). AGENDA ITEM 6f 2 ANALYSIS: The District will require the services of a professional engineering design consultant in support of the District’s Capital Improvement Program (CIP) for two (2) fiscal years. It is more efficient and cost effective to issue an as-needed contract for engineering design which will provide the District with the ability to obtain consulting services in a timely and efficient manner. This concept has also been used in the past for other disciplines such as construction management, geotechnical, electrical, and environmental services. The District will issue task orders to the consultant for specific projects during the contract period. The consultant will then prepare a detailed scope of work, schedule, and fee estimate for each task order assigned under the contract. Upon written task order authorization from the District, the consultant shall then proceed with the project as described in the scope of work. The anticipated CIP projects that are estimated to require engineering design services for the duration of this contract are listed below: CIP DESCRIPTION ESTIMATED COST P2453 SR-11 Utility Relocations $65,000 P2528 30-Inch Potable Water Pipeline Manifold at 624 Reservoirs $20,000 R2048 Otay Mesa Distribution Pipelines $15,000 S2024 Campo Road Sewer Main Replacement $15,000 S2033 Sewer System Various Locations Rehabilitation $50,000 S2040 Calavo Sewer Basin Improvements $90,000 S2041 Rancho San Diego Sewer Basin Improvements $20,000 TOTAL: $275,000 The engineering design scopes of work for the above projects are estimated from preliminary information and past projects. Therefore, staff believes that a $300,000 cap on the As-Needed Engineering Design Services contract is adequate, while still providing additional capacity for unforeseen support needs by the District. This As-Needed Engineering Design Services contract does not commit the District to any expenditure until a task order is approved to perform work on a CIP project. The District does not guarantee work to the consultant, nor does the District guarantee that it will 3 expend all of the funds authorized by the contract on professional services. The District solicited engineering design services by placing an advertisement on the Otay Water District’s website on June 18, 2012 and with various other publications including the San Diego Daily Transcript. Seventeen (17) firms submitted a letter of interest and a statement of qualifications. The Request for Proposal (RFP) for As-Needed Design Services was sent to fifteen (15) of the firms resulting in ten (10) proposals received by July 20, 2012.  Aegis Engineering Management  AMN Management, Inc.  Atkins North America, Inc.  Harris & Associates  Lee & Ro, Inc.  O'Brien & Wall  PSOMAS  RBF Consulting  Stantec  Tran Consulting Engineers The five (5) firms that chose not to propose are Alyson Consulting, Dudek & Associates, Inc., Hilts Consulting Group, Inc., SA Associates, and Stetson Engineers, Inc. In accordance with the District’s Policy 21, Staff evaluated and scored all written proposals and interviewed the top four (4) firms on August 28, 2012. AegisEM received the highest score for their services based on their experience, understanding of the scope of work, proposed method to accomplish the work, and their composite hourly rate. AegisEM was the most qualified consultant with the best overall rating or ranking. A summary of the complete evaluation is shown in Attachment B. AegisEM submitted the Company Background Questionnaire as required by the RFP and staff did not find any significant issues. In addition, staff checked their references and performed an internet search on the company. Staff found the references to be excellent and did not find any outstanding issues with the internet search. Staff, based on review of all hourly composite rates and in accordance to District Policy 21, negotiated with AegisEM to lower their proposed composite rate. AegisEM lowered their originally proposed composite hourly rate from $893 to $810, which was $13 4 lower compared to the average of the other consultants’ composite rates. AegisEM has held the District’s Professional Services Contract for recycled water plan checking, retrofit, and inspection services for developer projects since January 2010. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The funds for this contract will be expended for a variety of projects, as previously noted above. This contract is for as-needed professional services based on the District’s need and schedule, and expenditures will not be made until a task order is approved by the District for the consultant’s services on a specific CIP project. Based on a review of the financial budgets, the Project Manager anticipates that the budgets will be sufficient to support the professional as-needed consulting services required for the CIP projects noted above. The Finance Department has determined that the funds to cover this contract are available as budgeted for these projects. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District in a professional, effective, and efficient manner” and the District’s Vision, “A District that is innovative in providing water services at affordable rates, with a reputation for outstanding customer service.” LEGAL IMPACT: None. P:\WORKING\As Needed Services\Engineering Design\FY 2013-2014\Staff Report\BD 10-9-12, Staff Report, As-Needed Engineering Design Services, (JM-RR)-1.docx JM/RR:jf Attachments: Attachment A – Committee Action Attachment B – Summary of Proposal Rankings ATTACHMENT A SUBJECT/PROJECT: VARIOUS Award of As-Needed Engineering Design Services Contract for Fiscal Years 2013 and 2014 COMMITTEE ACTION: The Engineering, Operations, and Water Resources reviewed this item at a meeting held on September 19, 2012 and the following comments were made:  Staff requested that the Board award a professional As- Needed Engineering Design Services contract to Aegis Engineering Management, Inc. (AegisEM) and to authorize the General Manager to execute an agreement with AegisEM in an amount not-to-exceed $300,000 for a period of two (2) fiscal years (FY 2013, FY 2014).  It was noted that this contract is one of several As-Needed contracts actively administered by District Staff and that the current As-Needed Engineering Design contract amount is nearly fully committed.  Staff stated that an As-Needed Engineering Design consultant will be needed for upcoming CIP projects in FYs 2013 and 2014. A detailed list of anticipated projects is included on page 2 of the staff report.  Staff discussed the interview selection and evaluation process and indicated that ten (10) proposals were submitted to the District and four (4) firms were interviewed. It was noted that five (5) staff members ranked the proposals and interviews. The results of the analysis are shown in Attachment B of the staff report.  It was noted that AegisEM received the highest score and that staff checked AegisEM’s references, reviewed its Company Background Questionnaire form, and performed an internet search on the company and did not find any significant issues.  Staff stated that the District has successfully worked with AegisEM in the past and indicated that the company has held the District’s Professional Services Contract for recycled water plan checking, retrofit and inspection services since January 2010.  The Committee inquired about AegisEM receiving a higher score than ATKINS. Staff stated that although ATKINS currently provides As-Needed Engineering Design Services for the District, staff felt that AegisEM would provide better task order pricing and design services than Atkins had. Following the discussion, the EO&WR Committee supported staffs’ recommendation and presentation to the full board as a consent item. Qualifications of Team Responsiveness and Project Understanding Technical and Management Approach INDIVIDUAL SUBTOTAL - WRITTEN AVERAGE SUBTOTAL - WRITTEN Proposed Rates* Consultant's Commitment to DBE TOTAL - WRITTEN Additional Creativity and Insight Strength of Project Manager Presentation and Communication Skills Responses to Questions INDIVIDUAL TOTAL - ORAL AVERAGE TOTAL ORAL TOTAL SCORE 30 25 30 85 85 15 Y/N Y/N 15 15 10 10 50 50 150 Poor/Good/ Excellent Ronald Ripperger 28 24 27 79 14 14 9 9 46 Dan Martin 25 22 25 72 13 14 8 9 44 Bob Kennedy 25 23 26 74 14 14 9 9 46 Daniel Kay 27 23 26 76 14 14 9 9 46 Kevin Cameron 27 22 27 76 14 14 9 9 46 Ronald Ripperger 23 20 22 65 Dan Martin 23 19 20 62 Bob Kennedy 23 20 19 62 Daniel Kay 24 19 24 67 Kevin Cameron 25 18 23 66 Ronald Ripperger 28 23 27 78 12 12 7 7 38 Dan Martin 29 24 28 81 13 13 8 8 42 Bob Kennedy 27 22 25 74 11 11 7 8 37 Daniel Kay 28 24 28 80 12 11 7 7 37 Kevin Cameron 24 24 29 77 12 12 7 7 38 Ronald Ripperger 24 22 25 71 Dan Martin 26 23 27 76 Bob Kennedy 24 20 24 68 Daniel Kay 25 22 26 73 Kevin Cameron 28 22 26 76 Ronald Ripperger 24 22 24 70 Dan Martin 26 21 23 70 Bob Kennedy 25 22 25 72 Daniel Kay 27 22 26 75 Kevin Cameron 24 22 24 70 Ronald Ripperger 22 19 19 60 Dan Martin 21 18 18 57 Bob Kennedy 20 19 19 58 Daniel Kay 15 13 15 43 Kevin Cameron 18 18 18 54 Ronald Ripperger 27 23 27 77 13 13 8 8 42 Dan Martin 28 24 28 80 13 13 8 9 43 Bob Kennedy 26 23 26 75 12 12 8 8 40 Daniel Kay 26 22 27 75 13 13 9 9 44 Kevin Cameron 27 22 27 76 13 14 9 9 45 Ronald Ripperger 26 22 25 73 Dan Martin 27 22 24 73 Bob Kennedy 24 21 23 68 Daniel Kay 28 22 26 76 Kevin Cameron 26 21 25 72 Ronald Ripperger 25 22 24 71 Dan Martin 24 20 21 65 Bob Kennedy 23 20 21 64 Daniel Kay 26 21 25 72 Kevin Cameron 25 20 23 68 Ronald Ripperger 26 22 23 71 12 12 6 6 36 Dan Martin 28 23 28 79 12 12 7 7 38 Bob Kennedy 24 22 25 71 11 11 7 7 36 Daniel Kay 28 23 28 79 11 11 6 6 34 Kevin Cameron 28 23 28 79 12 13 6 6 37 Consultant Rate Position Score Consultant Rate Position Score 1. AEGIS Engineering Management $893 4 6. O'Brien & Wall $415 highest 15 *The fees were evaluated by comparing rates for seven positions. The sum of these rates are noted on the table to the left. 2. AMN Management, Inc.$707 8 7. PSOMAS $960 3 Note: Review Panel does not see or consider rates when scoring other categories. Rates are scored by the PM, who is not on Review Panel. 3. ATKINS $745 7 8. RBF $1,028 1 4. Harris & Associates $1,025 1 9. Stetson Engineers, Inc.$904 4 5. LEE & RO, Inc.$903 4 10. Tran Consulting Engineers$650 10 ATTACHMENT B SUMMARY OF PROPOSAL RANKINGS As-Needed Engineering Design WRITTEN ORAL Y 46 MAXIMUM POINTS 41. AEGIS Engineering Management NOT INTERVIEWED 79 ? Y Y Y 75 38 NOT INTERVIEWED 76 10 86 NOT INTERVIEWED 122 ? 36Y 9. Stetson Engineers, Inc.68 4 72 72 10. Tran Consulting Engineers Y 8. RBF 72 1 73 73 43Y NOT INTERVIEWED 7. PSOMAS 77 3 80 123 5. LEE & RO, Inc.71 4 75 4. Harris & Associates 3. ATKINS 78 7 85 123 73 1 74 74 NOT INTERVIEWED 125 Excellent REFERENCES 2. AMN Management, Inc.64 8 72 72 75 RATES SCORING CHART NOT INTERVIEWED6. O'Brien & Wall 54 15 Y 69 69 P:\WORKING\As Needed Services\Engineering Design\FY 2013-2014\Selection Process\Summary of Proposal Rankings - written fee interview.xls STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Jeff Marchioro Senior Civil Engineer Ron Ripperger Engineering Manager PROJECT: P2477- 001103 DIV. NO. 1 APPROVED BY: Rod Posada, Chief, Engineering German Alvarez, Asst. General Manager Mark Watton, General Manager SUBJECT: Award of a Construction Contract to Layfield Environmental Systems Corporation for the Floating Cover Replacement at the 624-1 Reservoir GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) award a construction contract to Layfield Environmental Systems Corporation (Layfield) for the floating cover replacement at the 624-1 Reservoir in an amount not-to-exceed $497,050 (see Exhibit A for Project location). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to enter into a construction contract with Layfield in an amount not-to-exceed $497,050 for the floating cover replacement at the 624-1 Reservoir. AGENDA ITEM 6g 2 ANALYSIS: The 12.4 million gallon 624-1 Reservoir was originally constructed in the early 1980s. The reservoir was improved and fitted with its existing polypropylene liner and floating cover in 1999. In the last few years, the floating cover has been repeatedly repaired to maintain the integrity of the cover material. Dive videos taken recently show leaks and sunlight penetrating the floating cover in many places. Based on this new information, it will become cost prohibitive to continue to repair the existing cover with only two (2) years remaining of its expected useful life. The existing cover material normally has a life expectancy of 15-20 years. The dive videos also revealed that the reservoir liner appeared to be in good condition. In March 2012, the District’s As-Needed Engineering Design consultant, Atkins North America, Inc. (Atkins), completed a Technical Memorandum which evaluated the cover replacement alternatives assuming that the liner would not be replaced at this time. The memorandum included life cycle cost comparisons of different reservoir cover materials and corresponding life expectancies. Atkins recommended using the same material as the existing cover (polypropylene) for replacement of the cover because, compared to materials with longer life expectancy (chlorosulfonated polyethylene), the life expectancy of a new polypropylene cover better matches the life expectancy of the existing liner. Atkins also recommended replacement of the existing spring tensioners with weight tensioners that can be reused when the new polypropylene cover/existing polypropylene liner will be replaced 15-20 years from now. Atkins prepared the bid documents. Mayer Reprographics (Mayer) distributed the bid documents electronically through Mayer’s online planroom. Staff contacted several contractors prior to and during the bid process to encourage them to submit a bid for the Project. Floating cover installation work is very specialized and there are only six (6) commonly recognized installers in the continental United States including Colorado Lining, Erosion Control Applications, Inc., Layfield, Lange Containment Systems, MPC Containment International LLC, and RTD Enterprises. Only Erosion Control Applications, Inc., Layfield, and MPC Containment International LLC are commonly known to install the “mechanically tensioned” style cover that is currently in use at the 624-1 Reservoir. 3 The Project was advertised for bid on July 24, 2012. A Pre-bid Meeting and site visit were held on August 7, 2012, which was attended by four (4) contractors. To maintain bidders’ interest in the Project, Staff responded to questions and clarification as quickly as possible. This process resulted in a total of six (6) addenda that were sent out to all bidders and plan houses which resulted in the following three (3) conforming bids received on August 23, 2012. CONTRACTOR TOTAL BID AMOUNT 1. Layfield Environmental Systems Corporation $497,050 2. MPC Containment International LLC $541,655 3. Erosion Control Applications, Inc. $683,600 The Engineer's Estimate is $580,000. The evaluation process included reviewing all bids submitted for conformance to the contract documents. The lowest bidder, Layfield, submitted a responsible bid and holds a Class A Contractor’s license which expires on May 31, 2014. Staff checked the references provided with Layfield’s bid. The references indicated that Layfield is a well-established and well recognized company as well as a recognized leader for development of the “mechanically tensioned” style cover that is currently in use at the 624-1 Reservoir. Layfield acquired the business assets of CW Neal Corporation (CW Neal) in April 2004. CW Neal installed the existing 624-1 Reservoir floating cover in 1999. The District has previously worked with Layfield to install, repair, and maintain floating covers at the 624-1 Reservoir and other reservoirs in the District. Layfield recently moved their fabrication and warehousing facility from El Cajon to Spring Valley. Layfield’s new location is just up the street from the District offices at 2500 Sweetwater Springs Boulevard. The proposed Project Manager has experience throughout southern California on similar projects and received good references. A background search of the company was performed on the internet and revealed no outstanding issues with this company. Layfield submitted the Company Background and Company Safety Questionnaires as required by the Contract Documents. Staff has verified that the bid bond provided by Hartford Fire Insurance Company is valid. Once Layfield signs the contract, they will furnish the performance bond and labor and materials bond. Staff will verify both bonds prior to executing the contract. 4 FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP P2477, as approved in the FY 2013 budget, is $800,000. Total expenditures, plus outstanding commitments and forecast, are $754,575. Based on a review of the financial budget, the Project Manager anticipates that the budget is sufficient to support the Project. See Attachment B for budget detail. Finance has determined that 100% of the funding is available from the Replacement Fund for CIP P2477. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide high value water and wastewater services to the customers of the Otay Water District in a professional, effective, and efficient manner” and the District’s Vision, “A District that is innovative in providing water services at affordable rates, with a reputation for outstanding customer service.” LEGAL IMPACT: None. JM/RR:jf P:\WORKING\CIP P2477 Reservoir Cover Replacement\Staff Reports\BD 10-9-12, Staff Report, 624-1 Res Floating Cvr Repl.docx Attachments: Attachment A – Committee Action Attachment B – Budget Detail Exhibit A – Location Map ATTACHMENT A SUBJECT/PROJECT: P2477-001103 Award of a Construction Contract to Layfield Environmental Systems Corporation for the Floating Cover Replacement at the 624-1 Reservoir COMMITTEE ACTION: The Engineering, Operations, and Water Resources reviewed this item at a meeting held on September 19, 2012 and the following comments were made:  Staff requested that the Board award a construction contract to Layfield Environmental Systems Corporation (Layfield) for the floating cover replacement at the 624-1 Reservoir in an amount not-to-exceed $497,050.  Staff noted that the 624-1 Reservoir is also known as Patzig and stated that the Patzig floating cover is in need of replacement as it will become cost prohibitive to continue to repair the existing cover with only two (2) years remaining of its expected useful life.  Staff indicated that the District’s current As-Needed Engineering Design consultant, ATKINS, prepared a Technical Memorandum that evaluated replacement options and also prepared the contract documents.  Staff stated that floating cover installation work is very specialized and there are only three (3) installers in the United States that are commonly recognized to install the type of cover that is currently in use at Patzig. All three of these contractors submitted a bid.  Staff stated that the Project was advertised for bid on July 24, 2012 and indicated that Layfield submitted the lowest, responsive bid on August 23, 2012. Staff noted that the Engineer’s Estimate at $580,000 was nearly equivalent to the average of the three bids.  It was noted that Layfield is a well-established and well recognized company, as well as a recognized leader for development of the floating covers. Staff checked Layfield’s references, reviewed their Company Background and Company Safety Questionnaire forms, and performed an internet search on the company and did not find any significant issues.  At the request of the Committee, staff provided a history of the Patzig site. It was indicated that years ago the Reservoir was part of an agricultural service system that had an asphalt bottom. In the early 80s, the District lined the asphalt with plastic and placed a floating cover over it to turn it into a domestic water supply. Staff stated that there are no issues with the Reservoir and that the District is only updating its floating cover.  The Committee inquired about the difference between maintaining reservoirs that have floating covers and reservoirs that are concrete. Staff stated that floating covers require higher maintenance to prevent it from tearing and getting holes, and its life expectancy is 15-20 years. Concrete reservoirs receive maintenance every 30 years for possible cracks and leaks, and last longer than floating covers. Following the discussion, the EO&WR Committee supported staffs’ recommendation and presentation to the full board as a consent item. ATTACHMENT B SUBJECT/PROJECT: P2477-001103 Award of a Construction Contract to Layfield Environmental Systems Corporation for the Floating Cover Replacement at the 624-1 Reservoir Date Updated: September 05, 2012 Budget 800,000 Planning 001101 Addl subprojects 000000 x02102 x30136 Labor 17,880 17,880 - 17,880 Total Planning 17,880 17,880 - 17,880 Design 001102 Labor 24,179 24,179 5,000 29,179 Consultant Contracts 1,810 1,810 - 1,810 ALTA LAND SURVEYING INC Consultant Contracts 59,020 49,924 9,096 59,020 ATKINS Service Contracts 1,062 1,062 - 1,062 LAYFIELD ENVIRONMENTAL SYSTEMS Service Contracts 1,823 1,547 276 1,823 MAYER REPROGRAPHICS INC Service Contracts 84 84 - 84 SAN DIEGO DAILY TRANSCRIPT KEAGY REAL ESTATE Total Design 87,978 78,606 14,372 92,978 Construction 001103 Labor 3,562 3,562 100,000 103,562 Service Contracts 16,104 16,104 - 16,104 LAYFIELD ENVIRONMENTAL SYSTEMS Service Contracts 2,000 2,000 - 2,000 DIVE/CORR INC Construction Contract 497,050 - 497,050 497,050 LAYFIELD ENVIRONMENTAL SYSTEMS 15,000 15,000 CONTINGENCY @ 3% 10,000 10,000 CLOSEOUT Total Construction 518,716 21,666 622,050 643,716 Grand Total 624,575 118,153 636,422 754,575 Vendor/Comments Otay Water District P2477 - Res - 624-1 Reservoir Cover Replacement Committed Expenditures Outstanding Commitment & Forecast Projected Final Cost OTAY LA K E S R O A D ?ä PROJECT SITE SA N T A P A U L A D R P: \ W O R K I N G \ C I P P 2 4 7 7 R e s e r v o i r C o v e r R e p l a c e m e n t \ G r a p h i c s \ E x h i b i t s - F i g u r e s \ E x h i b i t A , L o c a t i o n M a p . m x d OTAY WATER DISTRICT624-1 RESERVOIR FLOATING COVER REPLACEMENTLOCATION MAP EXHIBIT A CIP P2477 ! VICINITY MAP PROJECT SITE NTS ?ò ?ä ?Ë ;&s DIV. 5 DIV. 2 DIV. 3 DIV. 1DIV. 4 FF 0 250 500Feet STAFF REPORT TYPE MEETING: Regular Board Meeting MEETING DATE: October 9, 2012 SUBMITTED BY: Mark Watton, General Manager W.O./G.F. NO: DIV. NO. APPROVED BY: Susan Cruz, District Secretary Mark Watton, General Manager SUBJECT: Board of Directors 2012 Calendar of Meetings GENERAL MANAGER’S RECOMMENDATION: At the request of the Board, the attached Board of Director’s meeting calendar for 2012 is being presented for discussion. PURPOSE: This staff report is being presented to provide the Board the opportunity to review the 2012 Board of Director’s meeting calendars and amend the schedule as needed. COMMITTEE ACTION: N/A ANALYSIS: The Board requested that this item be presented at each meeting so they may have an opportunity to review the Board meeting calendar schedule and amend it as needed. STRATEGIC GOAL: N/A FISCAL IMPACT: None. LEGAL IMPACT: None. Attachments: Calendar of Meetings for 2012 G:\UserData\DistSec\WINWORD\STAFRPTS\Board Meeting Calendar 10-9-12.doc AGENDA ITEM 7b Page 1 of 1 Board of Directors, Workshops and Committee Meetings 2012 Regular Board Meetings: Special Board or Committee Meetings (3rd Wednesday of Each Month or as Noted) January 4, 2012 February 1, 2012 March 7, 2012 April 4, 2012 May 2, 2012 June 6, 2012 July 11, 2012 August 1, 2012 September 5, 2012 October 9, 2012 November 7, 2012 December 5, 2012 January 18, 2012 February 15, 2012 March 21, 2012 April 18, 2012 May 16, 2012 June 20, 2012 July 18, 2012 August 15, 2012 September 19, 2012 October 17, 2012 November 21, 2012 SPECIAL BOARD MEETINGS: BOARD WORKSHOPS: Budget Workshops: March 19, 2012 at 3:00 p.m. May 15, 2012 at 4:00 p.m. Board Workshop: September 11, 2012 at 3:30 p.m. G:\UserData\DistSec\WINWORD\STAFRPTS\Board Meeting Calendar Attach A for 2012 10-9-12.doc STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Sean Prendergast Payroll/AP Supervisor PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Director’s Expenses for the 4th Quarter of Fiscal Year 2012 GENERAL MANAGER’S RECOMMENDATION: This is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To inform the Board of the Director’s expenses for the 4th quarter of Fiscal Year 2012. ANALYSIS: The Director’s expense information is being presented in order to comply with State law. (See Attachment B for Summary and C-H for Details.) FISCAL IMPACT: None. AGENDA ITEM 8a 2 STRATEGIC GOAL: Prudently manage District funds. LEGAL IMPACT: Compliance with State law. Attachments: Attachment A Committee Action Attachment B Director’s Expenses and per Diems Attachment C-H Director’s Expenses Detail ATTACHMENT A SUBJECT/PROJECT: Director’s Expenses for the 4th Quarter of Fiscal Year 2012 COMMITTEE ACTION: This item was presented to the Finance, Administration and Communications Committee at a meeting held on September 17, 2012. The expenses for each director from April 1, 2012 thru June 30, 2012 was presented. It was indicated that directors’ expenses totaled $3,968.25 for the fourth quarter of Fiscal Year 2012. The total expenses for Fiscal Year 2012 was $15,510.69. It was noted that directors’ expenses have declined from $103,678 in 1999 to $15,511 in 2012. The committee received staffs’ report and recommended presentation to the full board as an informational item. BOARD OF DIRECTORS’ EXPENSES AND PER-DIEMS BOARD OF DIRECTORS MEETING October 9, 2012 ATTACHMENT B Policy 8 requires that staff present the Expenses and Per-Diems for the Board of Directors on a Quarterly basis: •Fiscal Year 2012, 4th Quarter. •The expenses are shown in detail by Board member, month and expense type. •This presentation is in alphabetical order. •This information was presented to the Finance, Administration, and Communications Committee on September 17, 2012. Board of Directors’ Expenses and Per-Diems Fiscal Year 2012 Quarter 4 (Apr 2012- Jun 2012) Director Croucher $200.00 Director Gonzalez $1,200.00 Director Lopez $2,110.53 Director Robak $0.00 Director Thompson $457.72 Total $3,968.25 Director Croucher Fiscal Year 2012 Quarter 4 Apr 2012 May 2012 Jun 2012 Business Meetings 0.00 0.00 0.00 Director’s Fees 200.00 0.00 0.00 Mileage Business 0.00 0.00 0.00 Seminars 0.00 0.00 0.00 Travel 0.00 0.00 0.00 Monthly Totals 200.00 0.00 0.00 Quarterly Total $200.00 Fiscal Year-to-Date 2012 (Jul 2011-Jun 2012) $2,000.00 Director Croucher serves on all District Committees (6) Meetings Attended 2 Meetings Paid 2 Director Gonzalez Fiscal Year 2012 Quarter 4 Apr 2012 May 2012 Jun 2012 Business Meetings 0.00 0.00 0.00 Director’s Fees 400.00 600.00 200.00 Mileage Business 0.00 0.00 0.00 Seminars 0.00 0.00 0.00 Travel 0.00 0.00 0.00 Monthly Totals 400.00 600.00 200.00 Quarterly Total $1,200.00 Fiscal Year-to-Date 2012 (Jul 2011-Jun2012) $4,855.45 Meetings Attended 4 6 3 Meetings Paid 4 7 2 Director Lopez Fiscal Year 2012 Quarter 4 Apr 2012 May 2012 Jun 2012 Business Meetings 0.00 0.00 0.00 Director’s Fees 500.00 600.00 800.00 Mileage Business 5.55 2.78 22.20 Mileage Commuting 33.30 44.40 33.30 Seminars and Travel 0.00 0.00 69.00 Monthly Totals 538.85 647.18 924.50 Quarterly Total $2,110.53 Fiscal Year-to-Date 2012 (Jul 2011-Jun 2012) $7,183.89 Meetings Attended 6 7 10 Meetings Paid 5 6 8 Director Robak Fiscal Year 2012 Quarter 4 Apr 2012 May 2012 Jun 2012 Business Meetings 0.00 0.00 0.00 Director’s Fees 0.00 0.00 0.00 Mileage Business 0.00 0.00 0.00 Mileage Commuting 0.00 0.00 0.00 Seminars and Travel 0.00 0.00 0.00 Monthly Totals 0.00 0.00 0.00 Quarterly Total $0.00 Fiscal Year-to-Date 2012 (Jul 2011-Jun2012) $1,013.63 Meetings Attended Meetings Paid Director Thompson Fiscal Year 2012 Quarter 4 Apr 2012 May 2012 Jun 2012 Business Meetings 0.00 0.00 0.00 Director’s Fees 0.00 400.00 0.00 Mileage Business 0.00 0.00 0.00 Mileage Commuting 0.00 57.72 0.000 Seminars and Travel 0.00 0.00 0.00 Monthly Totals 0.00 457.72 0.00 Quarterly Total $457.72 Fiscal Year-to-Date 2012 (Jul 2011-Jun2012) $457.72 Meetings Attended 4 Meetings Paid 4 Board of Directors’ Expenses and Per-Diems Fiscal Year 2012 to Date (Jul 2011- Jun 2012) Director Croucher $2,000.00 Director Gonzalez $4,855.45 Director Lopez $7,183.89 Director Robak $1,013.63 Director Thompson $457.72 Total $15,510.69 ATTACHMENT C Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Total 1 2 3 4 5 6 7 8 9 10 11 12 MITCHELL THOMPSON (DETAILED IN SECTION D): 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5281 Director's fees - - - - - - - - - - 400.00 - 400.00 5211 Mileage - Business - - - - - - - - - - - - - 5211 Mileage - Commuting - - - - - - - - - - 57.72 - 57.72 5213 Seminars and conferences - - - - - - - - - - - - - 5212 Travel - - - - - - - - - - - - - Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 457.72$ -$ 457.72$ GARY D. CROUCHER (DETAILED IN SECTION E): 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5281 Director's fees 300.00 - - 300.00 400.00 - 200.00 200.00 400.00 200.00 - - 2,000.00 5211 Mileage - Business - - - - - - - - - - - - - 5211 Mileage - Commuting - - - - - - - - - - - - - 5213 Seminars and conferences - - - - - - - - - - - - - 5212 Travel - - - - - - - - - - - - - Total 300.00$ -$ -$ 300.00$ 400.00$ -$ 200.00$ 200.00$ 400.00$ 200.00$ -$ -$ 2,000.00$ DAVID GONZALEZ (DETAILED IN SECTION F): 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5281 Director's fees 200.00 - 600.00 - 500.00 100.00 200.00 - 300.00 400.00 600.00 200.00 3,100.00 5211 Mileage - Business - - - - - - - - - - - - - 5211 Mileage - Commuting - - - - - - - - - - - - - 5213 Seminars and conferences - - 780.00 - - - - - - - - - 780.00 5212 Travel - - 975.45 - - - - - - - - - 975.45 Total 200.00$ -$ 2,355.45$ -$ 500.00$ 100.00$ 200.00$ -$ 300.00$ 400.00$ 600.00$ 200.00$ 4,855.45$ JOSE LOPEZ (DETAILED IN SECTION G): 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ 25.00$ 120.00$ -$ -$ -$ 145.00$ 5281 Director's fees 400.00 300.00 700.00 300.00 300.00 100.00 700.00 700.00 900.00 500.00 600.00 800.00 6,300.00 5211 Mileage - Business 22.20 - 13.32 5.55 - 14.43 31.08 46.07 91.58 5.55 2.78 22.20 254.75 5211 Mileage - Commuting 33.30 33.30 58.83 33.30 33.30 - 33.30 33.30 45.51 33.30 44.40 33.30 415.14 5213 Seminars and conferences - - - - - - - - - - - 69.00 69.00 5212 Travel - - - - - - - - - - - - - Total 455.50$ 333.30$ 772.15$ 338.85$ 333.30$ 114.43$ 764.38$ 804.37$ 1,157.09$ 538.85$ 647.18$ 924.50$ 7,183.89$ MARK ROBAK (DETAILED IN SECTION H): 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5281 Director's fees 100.00 - 200.00 100.00 - - 100.00 100.00 300.00 - - - 900.00 5211 Mileage - Business 3.33 - 16.65 3.33 - - 3.33 3.33 9.99 - - - 39.96 5211 Mileage - Commuting 2.22 - 2.22 2.22 - - 2.22 2.22 6.66 - - - 17.76 5213 Seminars and conferences - 35.00 - 20.91 - - - - - - - - 55.91 5212 Travel - - - - - - - - - - - - - Total 105.55$ 35.00$ 218.87$ 126.46$ -$ -$ 105.55$ 105.55$ 316.65$ -$ -$ -$ 1,013.63$ TOTALS: 5214 Business meetings -$ -$ -$ -$ -$ -$ -$ 25.00$ 120.00$ -$ -$ -$ 145.00$ 5281 Director's fees 1,000.00 300.00 1,500.00 700.00 1,200.00 200.00 1,200.00 1,000.00 1,900.00 1,100.00 1,600.00 1,000.00 12,700.00 5211 Mileage - Business 25.53 - 29.97 8.88 - 14.43 34.41 49.40 101.57 5.55 2.78 22.20 294.71 5211 Mileage - Commuting 35.52 33.30 61.05 35.52 33.30 - 35.52 35.52 52.17 33.30 102.12 33.30 490.62 5213 Seminars and conferences - 35.00 780.00 20.91 - - - - - - - 69.00 904.91 5212 Travel - - 975.45 - - - - - - - - - 975.45 Total 1,061.05$ 368.30$ 3,346.47$ 765.31$ 1,233.30$ 214.43$ 1,269.93$ 1,109.92$ 2,173.74$ 1,138.85$ 1,704.90$ 1,124.50$ 15,510.69$ OTAY WATER DISTRICT ADMINISTRATIVE EXPENSES - BOARD July 1, 2011 - June 30, 2012 OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:THOMPSON, MITCHELL Account Name Date Descriptions Amount Mileage - Commuting 5/31/2012 MEETING - MAY 2, 8, 10 & 15, 2012 57.72$ Mileage - Commuting Total 57.72 Director's Fee 5/2/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 5/8/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00 5/10/2012 MEET WITH OTAY'S GM AND STAFF - FOR ORIENTATION 100.00 5/15/2012 SPECIAL BOARD OF DIRECTORS MEETING - BUDGET WORKSHOP 100.00 Director's Fee Total 400.00 Grand Total 457.72$ ATTACHMENT D SECTION D Jun 12 FINAL/Thompson Page 2 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME: CROUCHER, GARY Account Name Date Descriptions Amount Director's Fee 7/5/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS NEGOTIATIONS 100.00$ 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 7/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 10/19/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 10/21/2011 LAFCO SPECIAL DISTRICTS ADVISORY COMMITTEE 100.00 10/31/2011 LEGAL AD HOC COMMITTEE 100.00 11/8/2011 LEGAL AD HOC COMMITTEE 100.00 11/16/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 11/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00 1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 1/24/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 2/1/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 2/16/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 3/7/2012 OTAY BOARD OF DIRECTORS MEETING 100.00 3/14/2012 BOARD ETHICS TRAINING 700 FORM REVIEW 100.00 3/19/2012 FUTURE WATER RATES/USAGE AND ECONOMY PREDICTIONS 100.00 3/21/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 4/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 4/18/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 Director's Fee Total 2,000.00 Grand Total 2,000.00$ ATTACHMENT E SECTION E Jun 12 FINAL/Croucher Page 3 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:GONZALEZ, DAVID Account Name Date Descriptions Amount Director's Fee 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00$ 7/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 9/8/2011 SPECIAL DISTRICT INSTITUTE 100.00 9/9/2011 SPECIAL DISTRICT INSTITUTE 100.00 9/10/2011 SPECIAL DISTRICT INSTITUTE 100.00 9/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 9/29/2011 METRO COMMISSION BRIEFING MEETING 100.00 11/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 11/3/2011 METRO COMMISSION BRIEFING MEETING 100.00 11/7/2011 PADRE DAM MWD CEREMONY 100.00 11/16/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00 12/6/2011 SOUTH COUNTY ECONOMIC DEVELOPMENT 100.00 1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 1/18/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 3/7/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 3/14/2012 SPECIAL BOARD OF DIRECTORS MEETING - DISCUSS FORM 700 100.00 3/19/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 4/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 4/9/2012 OVERSIGHT BOARD AND CHULA VISTA REDEVELOPMENT 100.00 4/19/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 4/30/2012 OVERSIGHT BOARD AND CHULA VISTA REDEVELOPMENT 100.00 5/2/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 5/8/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00 5/15/2012 BUDGET WORKSHOP 100.00 5/16/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 5/19/2012 AWARD PRESENTATION LANDSCAPE DISTRICT WINNER 100.00 5/25/2012 ENGINEERING COMMITTEE MEETING 100.00 6/6/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 6/20/2012 ENGINEERING COMMITTEE MEETING 100.00 Director's Fee Total 3,100.00 Registration Fee 9/10/2011 REGISTRATION FEE - SPECIAL DISTRICT AND LOCAL GOVERNMENT INSTITUTE SEPTEMBER 8-10, 2011 780.00 Travel 9/31/2011 LODGING FEE - ATTENDED THE SPECIAL DISTRICTS & LOCAL GOV'T INSTITUTE FINANCE SEMINAR SEPT. 7-9, 2011 577.65 9/7/2011 AIRFARE FEE TO ATTEND THE SPECIAL DISTRICTS & LOCAL GOV'T INSTITUTE FINANCE SEMINAR 397.80 Travel Total 975.45 Grand Total 4,855.45$ ATTACHMENT F SECTION F Jun 12 FINAL/Gonzalez Page 4 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:LOPEZ, JOSE Account Name Date Descriptions Amount Mileage - Business 7/31/2011 MEETING - JULY 11, 2011 22.20$ 9/30/2011 MEETING - SEPTEMBER 9 & 15, 2011 13.32 10/31/2011 MEETING - OCTOBER 11, 2011 5.55 12/14/2011 MEETING - DECEMBER 14, 2011 14.43 1/31/2012 MEETING - JANUARY 12, 20 & 27, 2012 31.08 2/29/2012 MEETING - FEBRUARY 9, 24, 25 & 26, 2012 46.07 3/31/2012 MEETING - MARCH 6, 12, 16, 20 & 29, 2012 91.58 4/30/2012 MEETING - APRIL 13, & 25, 2012 5.55 5/31/2012 MEETING - MAY 11, 2012 2.78 6/30/2012 MEETING - JUNE 1, 13, 15 & 29, 2012 22.20 Mileage - Business Total 254.75 Mileage - Commuting 7/31/2011 MEETING - JULY 5, 12, & 15, 2011 33.30 8/31/2011 MEETING - AUGUST 4, 10, & 18, 2011 33.30 9/30/2011 MEETING - SEPTEMBER 7, 14, 19, 28, & 29, 2011 58.83 10/31/2011 MEETING - OCTOBER 5 & 19 2011 33.30 11/30/2011 MEETING - NOVEMBER 2, 28, & 30, 2011 33.30 1/31/2012 MEETING - JANUARY 14, 18 & 24, 2012 33.30 2/29/2012 MEETING - FEBRUARY 1, 16 & 21, 2012 33.30 3/31/2012 MEETING - MARCH 7, 14, 19 & 21, 2012 45.51 4/30/2012 MEETING - APRIL 4, 18 & 19, 2012 33.30 5/31/2012 MEETING - MAY 2, 8, 11, 16, 24 & 25, 2012 44.40 6/30/2012 MEETING - JUNE 6, 20 & 21, 2012 33.30 Mileage - Commuting Total 415.14 Director's Fee 7/5/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS NEGOTIATIONS 100.00 7/11/2011 DESALINATION PLANT WITH ROSARITO MAYOR 100.00 7/12/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 8/4/2011 AD HOC COMMITTEE MEETING - HEALTH BENEFITS NEGOTIATIONS 100.00 8/10/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 8/18/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 ATTACHMENT G SECTION G Jun 12 FINAL/Lopez Page 5 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:LOPEZ, JOSE Account Name Date Descriptions Amount ATTACHMENT G SECTION G Director's Fee 9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 9/9/2011 MEETING WITH STAR NEWS EDITOR CARLOS DAVALOS 100.00 9/14/2011 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00 9/15/2011 MEETING WITH CHULA VISTA COUNCIL WOMAN PAT AGUILAR 100.00 9/19/2011 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 9/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 9/29/2011 METRO COMMISSION BRIEFING MEETING 100.00 10/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 10/11/2011 CITY COUNCIL MEETING - GREEN BUSINESS RECOGNITION AWARD 100.00 10/19/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 11/2/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 11/28/2011 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 11/30/2011 SPECIAL BOARD OF DIRECTORS MEETING 100.00 12/14/2011 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00 1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 1/12/2012 GENERAL MANAGER MEETING 100.00 1/17/2012 METRO COMMISSION WITH OTAY STAFF 100.00 1/18/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 1/20/2012 MEETING WITH STATE SENATOR JOEL ANDERSON AND GENERAL MANAGER OF OTAY 100.00 1/24/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 1/27/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00 2/1/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 2/9/2012 UNION TRIBUNE MEETING WITH MR. JOHN LYNCH 100.00 2/16/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 2/21/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00 2/24/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00 2/25/2012 HOOVER DAM TOUR - METROPOLITAN WATER 100.00 2/26/2012 PARKER DAM AND COLORADO RIVER TOUR - METROPOLITAN 100.00 3/6/2012 METROPOLITAN WATER DISTRICTS FINANCE MEETING 100.00 Jun 12 FINAL/Lopez Page 6 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:LOPEZ, JOSE Account Name Date Descriptions Amount ATTACHMENT G SECTION G Director's Fee 3/7/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 3/12/2012 BUS TRIP FROM CWA TO (LA) METRO WATER DISTRICTS MEETING 100.00 3/14/2012 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00 3/16/2012 GENERAL MANAGER MEETING - COMMITTEE AGENDA ITEMS 100.00 3/19/2012 BOARD BUDGET WORKSHOP 100.00 3/20/2012 COUNCIL ON WATER UTILITIES MEETING 100.00 3/21/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 3/29/2012 GENERAL MANAGER AND COUNSEL - AGENDA BREIFING 100.00 4/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 4/13/2012 GENERAL MANAGER MEETING - COMMITTEE AGENDA ITEMS 100.00 4/18/2012 ENGINEERING AND OPERATIONS AND WATER RESOURCES 100.00 4/19/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 4/25/2012 GENERAL MANAGER AND COUNSEL - AGENDA BREIFING 100.00 5/2/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 5/8/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00 5/11/2012 COMMITTEE AGENDA BREIFING - GENERAL MANAGER 100.00 5/16/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 5/24/2012 CSDA WEBINAR - BOARD MEETING 100.00 5/25/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 6/1/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00 6/6/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 6/13/2012 WATER CONSERVATION GARDEN COMMITTEE MEETING 100.00 6/15/2012 COMMITTEE AGENDA BREIFING - GENERAL MANAGER 100.00 6/19/2012 CSDA WEBINAR - PROP 218 & 26 LEGISLATIVE UPDATE 100.00 6/20/2012 ENGINEERING AND OPERATIONS COMMITTEE MEETING 100.00 6/21/2012 FINANCE AND ADMINISTRATIVE COMMITTEE MEETING 100.00 6/29/2012 AGENDA BRIEFING WITH GENERAL MANAGER AND COUNSEL 100.00 Director's Fee Total 6,300.00 Registration Fee 6/14/2012 CSDA WEBINAR - WHAT EVERY PUBLIC AGENCY SHOULD KNOW ABOUT PREVAILING WAGE 69.00 Business meetings 2/21/2012 COUNCIL ON WATER UTILITIES MEETING 25.00 3/5/2012 SAN YSIDRO CHAMBER OF COMMERCE 95.00 3/20/2012 COUNCIL ON WATER UTILITIES MEETING 25.00 Business meetings Total 145.00 Grand Total 7,183.89$ Jun 12 FINAL/Lopez Page 7 of Pages 8 Printed Date: 8/13/201211:08 AM OTAY WATER DISTRICT SUMMARY - BOARD OF DIRECTORS EXPENSES FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 DIRECTOR'S NAME:ROBAK, MARK Account Name Date Descriptions Amount Mileage - Business 7/15/2011 MEETING - JULY 15, 2011 3.33$ 9/7/2011 MEETING - SEPTEMBER 2, & 7, 2011 16.65 10/5/2011 MEETING - OCTOBER 5, 2011 3.33 1/4/2012 MEETING - JANUARY 4, 2012 3.33 2/21/2012 MEETING - FEBRUARY 21, 2012 3.33 3/31/2012 MEETING - MARCH 7, 14, & 19, 2012 9.99 Mileage - Business Total 39.96 Mileage - Commuting 7/15/2011 MEETING - JULY 15, 2011 2.22 9/4/2011 MEETING - SEPTEMBER 4, 2011 2.22 10/5/2011 MEETING - OCTOBER 5, 2011 2.22 1/4/2012 MEETING - JANUARY 4, 2012 2.22 2/21/2012 MEETING - FEBRUARY 21, 2012 2.22 3/31/2012 MEETING - MARCH 7, 14, & 19, 2012 6.66 Mileage - Commuting Total 17.76 Director's Fee 7/15/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 9/2/2011 MEETING CHULA VISTA CHAMBER OF COMMERCE 100.00 9/7/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 10/5/2011 REGULAR BOARD OF DIRECTORS MEETING 100.00 1/4/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 2/21/2012 SPECIAL BOARD OF DIRECTORS MEETING 100.00 3/7/2012 REGULAR BOARD OF DIRECTORS MEETING 100.00 3/14/2012 SPECIAL BOARD OF DIRECTORS MEETING - DISCUSS FORM 700 100.00 3/19/2012 SPECIAL BOARD OF DIRECTORS MEETING - DISCUSS SALES FORECASTING 100.00 Director's Fee Total 900.00 Registration Fee 8/19/2011 REGISTRATION FEE - SAN DIEGO EAST CO. CHAMBER WORKSHOP 35.00 10/26/2011 REGISTRATION FEE - EAST COUNTY ECONOMIC DEVELOPMENT COUNCIL 20.91 Registration Fee Total 55.91 Grand Total 1,013.63$ ATTACHMENT H SECTION H Jun 12 FINAL/Robak Page 8 of Pages 8 Printed Date: 8/13/201211:08 AM STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 PROJECT: VARIOUS DIV. NO.: ALL SUBMITTED BY: Geoffrey Stevens Chief, Information Technology and Strategic Planning APPROVED BY: German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: FY 2012 YEAR-END STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: Please see “Attachment A”. PURPOSE: To provide a fiscal year-end report on the District’s Strategic Performance Plan. ANALYSIS: The District has completed the first year of the FY 2012-2014 Strategic Plan. Overall, results are positive with the District very close to its target for strategic plan objectives and above target for performance measures. In addition, on average over the last five years, the District is on or above target for both objectives and performance measures. Detailed information on each year’s outcome is available electronically on the Board Extranet. Strategic Plan Objectives Strategic plan objectives are designed to ensure staff is making the appropriate high-level changes necessary to move the District in the AGENDA ITEM 8b 2 planned direction to meet new challenges and opportunities. Overall performance of strategic plan objectives is positive with 36 of 42 objectives (86%) complete, ahead, or on schedule, and two items behind schedule. Of the objectives that were behind, such as implementing billing functionality or financial planning work, several are now on schedule. Some projects may need to be reassessed as the environment has changed. Three items are on hold because they are out of our control, such as negotiations with the City of San Diego on the South Bay Reclamation Plant. Consequently, on-hold items are excluded from the overall performance calculation. 36/42 strategic objectives are on or ahead of schedule (86%) Performance Measures: Monitoring Day-To-Day Performance Performance measures are designed to track the day-to-day performance of the District. These items measure the effectiveness and efficiency of daily operations. The overall goal is that at least 75% of these measures be rated “on target”. District results in this area are also positive with 33 of 43 (77%) items achieving the desired level or better. 33/43 Measures on or ahead of schedule (77%) -- Target is 75% 3 Trend Analysis This year we have begun to accumulate enough data to examine our plan performance over time. Staff is pleased that the plan performance has been very consistent in meeting the overall targets. On average, over the last six to eight years, the plan is above target for both objectives and measures. Next Steps Staff is currently focused on implementing year two of the Board approved FY12-FY14 Strategic Plan. We will continue to review and communicate the plan at the department and enterprise levels. Staff 4 will also examine current targets and measures to see if they can be improved. In conclusion, staff anticipates further refinement of District initiatives to ensure that plans and schedules are properly coordinated and integrated. Staff appreciates the high level of support that the Board provides for this effort. FISCAL IMPACT: Joe Beachem, Chief Financial Officer None at this time. STRATEGIC GOAL: Strategic Plan and Performance Measure reporting is a critical element in providing performance reporting to the Board and staff. LEGAL IMPACT: None. Attachments: Attachment A – Committee Action Report Attachment B – PowerPoint Presentation ATTACHMENT A SUBJECT/PROJECT: FY 2012 YEAR-END STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT COMMITTEE ACTION: The Finance, Administration, and Communications Committee and the Engineering, Operations and Water Resources Committee reviewed this item on September 17 and 19, 2012, respectively. The committees discussed the Strategic Plan and Performance Measures FY 2012 Year-end results for the divisions that pertain to their areas of review. The following comments were made:  Staff indicated that the Strategic Plan determines the direction of the District and is presented to the Board as a work plan. Staff presented the year-end results for the Fiscal Year 2012 which is the first year of the District’s 2012 – 2014 three-year plan approved by the Board last year.  It was indicated that the District has been utilizing the current Strategic Plan process for over ten years. The process began with the first implemented plan in FYs 2003-2005. Since that time, the plan has been redrafted for three-year periods. The focus of the FYs 2006-2008 plan was to implement infrastructure and systems to increase efficiencies, in FYs 2009-2011 the District focused on leveraging investments made to enhance efficiency, and the current plan for FYs 2012-2014 focuses on how the District can optimize or further enhance the efficiencies it has gained.  Staff presented the results of the year-end FY2012 Strategic Plan and indicated: - 36 of the 42 objectives are complete, ahead of schedule or on target (or 86%); the target is 90%. Objectives provide a guide to the direction of the District. - 33 of the 43 performance measures are complete, ahead of schedule or on target (or 77%); the target is 75%. The performance measures indicate how the District is doing in its day-to-day operations.  The measures provide a quick overview of where the District is overall and provides a process for reviewing all the District’s objectives on a quarterly basis and discussing where efforts should be focused. - It was indicated that staff spends a lot of time reviewing and discussing the items in the District’s Strategic Plan in detail and the reasons why items are not meeting targets. The plan is actively used in all the departments.  Staff indicated that the board has access to the Strategic Plan information through the board extranet. Members can review the status of objectives and measures in detail. The information includes notes from staff members explaining the status of an item and reasons it is either ahead, on or behind schedule.  The Committee inquired about the Engineering projects that did not meet their targets. Staff stated that those projects (Recycled Water Plant and the MBR Plant) are currently on hold pending responses from the Cities of San Diego and Chula Vista.  It was additionally discussed that there were three (3) measures that are currently behind schedule. One of those measures is the Blanket Order Activity which is slightly behind because the District had decided to purchase what would have been two (2) years worth of meters in this fiscal year. Due to the District’s decision to advance the purchase of meters, the pool of dollars available for blanket purchases was reduced, making the target much harder to meet. As the original goal was a minimum of 15% of purchases on blanket orders, staff decided to stay with the original measurement as this was a one-time event and the District expects to meet its goal next fiscal year. The District also did not meet the goal for Total Customer Water Saved as CWA has reduced its sponsorship of the water conservation programs which has slowed the number of water saving devices being installed by the District’s customers. As the water savings devices are not being installed as projected, the expected water savings is not being met.  Staff presented a Trend Analysis for both the objectives and measures from FY 2007 through FY 2012 showing the District’s performance for each fiscal year relative to the set targets. The District’s overall performance has been above average over the last six years.  It was indicated that the next steps in the Strategic Plan process are: - Departments will be working on Strategy Maps. The maps lay out the departments’ different strategies and looks at the inter-relationships between them. The purpose is to help departments see the relationships between their strategies and possibly determine where more emphasis can be placed to improve/enhance outcomes. This process will also provide a basis for discussion among the senior team and managers. - Improve measures and targets. - Continue to enhance communications and teamwork through the Strategic Plan process.  In response to a question from the Committee, staff indicated that the District is currently working on cross-referencing data from the GIS and billing systems to monitor customers’ water usage history and their efforts to conserve water. This will help staff flag and investigate unusual water usage.  It was noted that SWOT (Strength, Weaknesses, Opportunities, Threats) Analysis and Balance Score Card is part of the Strategic Plan’s methodology to identify weaknesses.  The committee indicated that they were happy to see that the District’s staff is including stretch goals within the plan which is emphasized by the fact that not all the targets of the goals within the plan had been met. The committee felt that by staff striving to take risks to set some targets high, it creates excellence in the organization. Following the discussion, the committee supported presentation to the full board as an informational item. FY 2012 - End of Year Report (Year One of 2012 – 2014 Plan) ATTACHMENT B 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 We are here FY2012 Objectives 36 of 42 objectives complete, ahead or on target (86%) Target is 90% FY2012 Performance Measures 33 of 43 performance measures complete, ahead or on target (77%) Target is 75% Departmental Detail – Admin Services Departmental Detail – Finance Departmental Detail – IT and SP Departmental Detail – Engineering Departmental Detail – Operations Trend Analysis -- Plan Objectives 2007 - 2012 NA Trend Analysis -- Performance Measures 2005 - 2012 What’s New/Next Strategy Maps – Leverage and Coordinate Improving Measures and Targets Communications and Teamwork STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: October 9, 2012 SUBMITTED BY: Rita Bell, Finance Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Investment Procedures GENERAL MANAGER’S RECOMMENDATION: This item is an informational item only. COMMITTEE ACTION: Please see Attachment A. PURPOSE: To inform to the Board of the investment procedures followed by staff under the direction of management and the Chief Financial Officer. BACKGROUND: In the Committee Meeting dated July 11, 2012, the Board requested that staff prepare written procedures for investing moneys subject to the control of Otay Water District under the authority of the Chief Financial Officer. The item being presented is in response to that request. The District prepares written procedures as a part of a continuing effort to document financial processes and procedures, and to improve safeguards and efficiencies. The written investment procedures provide guidelines for staff and document the existing segregation of duties and internal controls in the investment process. FISCAL IMPACT: None. AGENDA ITEM 8c STRATEGIC GOAL: The District ensures its continued financial health through sound policies and procedures. LEGAL IMPACT: None. General Manager Attachments: A) Committee Action Form B) Proposed Copy of Investment Procedures ATTACHMENT A SUBJECT/PROJECT: Investment Procedures COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on September 17, 2012. The following comments were made:  During the July meeting, the committee had inquired if the District had written procedures for the investment process. At the time, there were no written procedures. At the committee’s request, staff prepare a written procedure for the investment of Otay Water District monies under the authority of the Chief Financial Officer.  It was indicated that the actual investment process did not change, it has just been formally documented as part of the District’s procedures.  The written procedure documents the checks and balances that are in place to safeguard against possible errors or fraud. The committee received staffs’ report and supported presentation to the full board as an informational item. OTAY WATER DISTRICT INVESTMENT PROCEDURES September 13, 2012 Page 1 of 2 SCOPE: This Finance Procedure outlines the process for investing all moneys that are subject to the control of Otay Water District within the guidelines approved by the Board of Directors in the District’s Investment Policy (Policy 27). PROCEDURE: The District actively maintains investments in the Local Agency Investment Fund (LAIF), the San Diego County Pool, Certificate of Deposits, and in Federal Agency Issues. Investments in each of the aforementioned are closely monitored and kept below the maximum amounts, as stated in the District’s Investment Policy (Policy 27). Staff monitors investments by reviewing them and evaluating the levels on a daily basis to keep an appropriate amount in each type of investment as determined by management. The District currently has four approved broker/dealers who are authorized to provide investment services to the District. A file is kept on each broker/dealer and is updated annually with the requirements outlined in the District’s Investment Policy. Listings of new Agency issues are provided by the broker/dealers on a daily basis. A Senior Accountant reviews the new Agency issues listings and selects investments to recommend for purchase as follows:  Investments are first selected based on a maturity of less than 3 years. The District’s Investment Policy allows for the investment in Agencies with maturities of 5 years or less. Staff further limits the maturity to 3 years to limit the exposure of the portfolio to interest rate risk.  Rates of return on Agencies with maturities of less than 3 years are reviewed and compared to LAIF and the County Pool. This comparison may, on a very short term, influence the investment timing. However, to maintain the diversification of the overall investments and not have too much exposure to potential liquidity risk with the pools, staff maintains the greater investment levels within the agency issues. Due to their significant presence in the markets agency issues maintain a return that reflects a reasonable or market rate of return.  The maturity date and call dates of potential Agency investments are reviewed to make sure that they fit into the District’s ladder portfolio. If the investment meets all of these criteria it is then brought to the CFO for approval. Once approval is obtained from the CFO, a Senior Accountant calls the broker/dealer and orders the purchase. An email is also sent to the broker/dealer with both the CFO and the Finance Manager copied on the email confirming the purchase. After receiving the trade ticket information from the Attachment B OTAY WATER DISTRICT INVESTMENT PROCEDURES September 13, 2012 Page 2 of 2 broker/dealer, the Senior Accountant enters the information into the District’s investment system (Sympro) and generates a trade ticket. The trade ticket from Sympro and the trade ticket from the broker/dealer are then given to the Finance Manager and the CFO for review and approval. Next, the Sympro trade ticket is faxed over to the District’s Trust and Custody account with Union Bank to notify them of the purchase. The signature of the CFO is required on the trade ticket in order for funds to be transferred and delivery to be made. On the date of the purchase, funds are automatically drawn from the District’s Money Market account held at Union Bank to the Trust and Custody account at Union Bank, and the purchase is made. The security is then delivered to the Trust and Custody account at Union Bank to be held until it is called, matures, or sold by the District. Staff uses a “buy and hold” investment strategy, which means securities are typically, if not always, held to maturity. Staff does not actively trade its investments, which would require a significant amount of staff time, and a substantial investment in software to obtain timely and detailed market and economic information. With the District’s low risk investments and with the efficient market, especially with agencies, there is very limited ability to have sizable and low risk benefits from active trading. Union Bank sends monthly statements to the District with a list of all securities being held in the Trust and Custody account on behalf of the District. A Senior Accountant uses these statements to update market prices in Sympro and prepares the Portfolio Management Report on a monthly basis to be included in the board packet for approval. Next, an Accountant, not involved in the investment purchase, reconciles the Portfolio Management Report to the Trust and Custody statements to ensure accuracy and completeness. Finally, the Portfolio Management Report is sent to the Finance Manager and CFO for review before it goes to the Board. OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034560 09/12/12 14352 A.O. REED & CO Ref002424006 09/11/12 UB Refund Cst #0000188482 1,648.19 1,648.19 2034561 09/12/12 14353 A.O. REED & CO Ref002424007 09/11/12 UB Refund Cst #0000188483 937.61 937.61 2034500 09/05/12 14321 ABBIE & TJ PRODUCTIONS 003874 08/29/12 EMPLOYEE PROGRAM 400.00 400.00 2034562 09/12/12 14321 ABBIE & TJ PRODUCTIONS 003890 09/10/12 EMPLOYEE PROGRAM 1,152.00 1,152.00 2034501 09/05/12 08488 ABLEFORCE INC 3391 08/07/12 PROGRAMMING SERVICES (7/23/12-8/3/12) 7,200.00 7,200.00 2034644 09/19/12 08488 ABLEFORCE INC 3421 08/23/12 PROGRAMMING SERVICES (8/6/12-8/17/12) 7,200.00 7,200.00 2034563 09/12/12 14335 ADD REALTY Ref002423988 09/11/12 UB Refund Cst #0000143635 75.00 75.00 2034564 09/12/12 14326 ADOLFO ALVIZ Ref002423979 09/11/12 UB Refund Cst #0000041161 69.45 69.45 2034502 09/05/12 11462 AEGIS ENGINEERING MGMT INC 1120 08/09/12 DEVELOPER PLANCHECKS (6/30/12-8/3/12) 7,315.91 1033 08/09/12 PLAN CHECKING (6/30/12-8/3/12) 2,288.26 9,604.17 2034645 09/19/12 07732 AIRGAS SPECIALTY PRODUCTS INC 131255825 08/21/12 AQUA AMMONIA 3,413.30 131255824 08/21/12 AQUA AMMONIA 2,244.60 5,657.90 2034728 09/26/12 13753 AIRGAS USA LLC 9903957927 08/31/12 BREATHING AIR 34 49 34 49203472809/26/12 13753 AIRGAS USA LLC 9903957927 08/31/12 BREATHING AIR 34.49 34.49 2034565 09/12/12 14358 AISHA CARPENTER 003884 09/10/12 CUSTOMER REFUND 72.31 72.31 2034566 09/12/12 14327 AL DACASIN Ref002423980 09/11/12 UB Refund Cst #0000044825 70.00 70.00 2034646 09/19/12 01463 ALLIED ELECTRONICS INC 9000816200 08/22/12 HOA SWITCHES 27.30 27.30 2034567 09/12/12 06166 AMERICAN MESSAGING L1109570MI 09/01/12 PAGER SERVICES (AUG 2012) 168.81 168.81 2034568 09/12/12 02730 AMERICAN PAYROLL ASSOCIATION 003893 09/05/12 MEMBERSHIP DUES 254.00 254.00 2034569 09/12/12 14356 AMS Ref002424010 09/11/12 UB Refund Cst #0000192560 27.91 27.91 2034570 09/12/12 14337 ANGEL CAMACHO Ref002423990 09/11/12 UB Refund Cst #0000147911 33.52 33.52 2034647 09/19/12 01509 ARC ERGONOMICS 35774 08/23/12 ROLLERMOUSE PRO 635.02 635.02 2034648 09/19/12 13171 ARCADIS US INC 0469286 08/22/12 WASTEWATER MGMT (PERIOD ENDING 8/19/12) 15,468.39 15,468.39 2034571 09/12/12 05758 AT&T 61942256050812 08/20/12 PHONE SERVICES (8/20/12-9/19/12) 51.04 51.04 2034572 09/12/12 05758 AT&T 61967053090812 08/15/12 PHONE SERVICES (MONTHLY) 32.18 61969851400812 08/24/12 PHONE SERVICES (MONTHLY) 32.18 64.36 2034649 09/19/12 05758 AT&T 082164572808251208/25/12 PHONE SERVICE (8/25/12-9/24/12) 2,279.29 2,279.29 Page 1 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034650 09/19/12 08330 AT&T INTERNET SERVICES 8547826250812 08/22/12 INTERNET BANDWIDTH (8/21/12-9/20/12) 2,028.00 2,028.00 2034503 09/05/12 11285 AZTEC FIRE & SAFETY INC 48050 08/15/12 SIGNS 81.20 81.20 2034573 09/12/12 08024 BACKGROUND PROFILES INC 4542 08/31/12 BACKGROUND CHECK (8/9/12-8/29/12) 164.50 164.50 2034504 09/05/12 10970 BRENNTAG PACIFIC INC BPI225139 08/14/12 SODIUM HYPOCHLORITE 2,994.84 BPI223539 08/09/12 SODIUM HYPOCHLORITE 1,099.56 BPI225138 08/14/12 SODIUM HYPOCHLORITE 1,082.08 BPI224675 08/13/12 SODIUM HYPOCHLORITE 1,037.27 BPI224676 08/13/12 SODIUM HYPOCHLORITE 942.17 BPI225780 08/16/12 SODIUM HYPOCHLORITE 750.90 7,906.82 2034651 09/19/12 10970 BRENNTAG PACIFIC INC BPI227365 08/21/12 SODIUM HYPOCHLORITE 2,951.13 BPI229718 08/28/12 SODIUM HYPOCHLORITE 2,841.83 BPI231539 08/31/12 SODIUM HYPOCHLORITE 1,635.14 BPI228709 08/24/12 SODIUM HYPOCHLORITE 1,572.85 BPI231540 08/31/12 SODIUM HYPOCHLORITE 1,522.57 BPI227366 08/21/12 SODIUM HYPOCHLORITE 1,256.96 BPI228710 08/24/12 SODIUM HYPOCHLORITE 709.37 BPI227155 08/20/12 SODIUM HYPOCHLORITE 639.41 BPI228708 08/23/12 SODIUM HYPOCHLORITE 290 74BPI22870808/23/12 SODIUM HYPOCHLORITE 290.74 BPI230766 08/30/12 SODIUM HYPOCHLORITE 94.00 BPI229252 08/27/12 SODIUM HYPOCHLORITE 1,252.59 BPI227153 08/20/12 SODIUM HYPOCHLORITE 1,082.08 BPI229251 08/27/12 SODIUM HYPOCHLORITE 1,058.04 BPI230412 08/30/12 SODIUM HYPOCHLORITE 965.14 BPI227154 08/20/12 SODIUM HYPOCHLORITE 960.77 BPI230133 08/23/12 SODIUM HYPOCHLORITE 750.90 19,583.52 2034729 09/26/12 08156 BROWNSTEIN HYATT FARBER 445258 01/30/12 GOVT RELATIONS COUNSEL (NOV 2011) 7,500.00 445259 01/31/12 GOVT RELATIONS COUNSEL (DEC 2011) 7,500.00 15,000.00 2034730 09/26/12 14366 BYUNG LEE Ref002424240 09/25/12 UB Refund Cst #0000014244 30.56 30.56 2034505 09/05/12 00223 C W MCGRATH INC 42907 08/15/12 CRUSHED ROCK 218.43 42834 08/08/12 CRUSHED ROCK 107.93 326.36 2034652 09/19/12 00223 C W MCGRATH INC 43071 08/30/12 CRUSHED ROCK 116.31 43084 08/31/12 CRUSHED ROCK 114.50 230.81 2034574 09/12/12 14351 CALEB GILCREASE Ref002424005 09/11/12 UB Refund Cst #0000188049 59.02 59.02 2034575 09/12/12 08966 CALIFORNIA BANK & TRUST 8A 08/15/12 RET/TC CONST LA PRESA (ENDING 8/15/12) 9,266.53 9,266.53 2034506 09/05/12 02202 CALIFORNIA MUNICIPAL 4072582 08/28/12 ANNUAL MEMBERSHIP 155.00 155.00 Page 2 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034507 09/05/12 01060 CALIFORNIA SOCIETY OF 003878 08/30/12 APPLICATION FEES - OPERATING BUDGET 150.00 150.00 2034508 09/05/12 01060 CALIFORNIA SOCIETY OF 003877 08/30/12 APPLICATION FEES - CAPITAL BUDGET 150.00 150.00 2034576 09/12/12 01243 CALIFORNIA-NEVADA SECTION 019840912 09/07/12 CERTIFICATE RENEWAL 80.00 80.00 2034509 09/05/12 01004 CALOLYMPIC SAFETY 305113 08/10/12 CALGAS 742.53 305461 08/16/12 GAS-TECH BATTERY 94.32 836.85 2034577 09/12/12 02758 CARMEL BUSINESS SYSTEMS INC 7562 08/15/12 RECORDS MANAGEMENT (8/1/12-8/9/12) 2,883.09 2,883.09 2034653 09/19/12 02758 CARMEL BUSINESS SYSTEMS INC 7573 09/01/12 RECORDS MGMT SVCS (8/27/12) 243.25 243.25 2034731 09/26/12 01788 CHAVARELA, GERARDO 003908 09/20/12 TUITION REIMBURSEMENT 130.00 130.00 2034578 09/12/12 12631 CITY OF CHULA VISTA DE2337 08/22/12 DEP FOR PC2080 HUNTE PKWY N/O PROCTOR 1,367.60 1,367.60 2034654 09/19/12 04119 CLARKSON LAB & SUPPLY INC 63219 08/31/12 BACTERIOLOGICAL TESTING 505.02 63218 08/31/12 BACTERIOLOGICAL TESTING 221.00 63217 08/31/12 BACTERIOLOGICAL TESTING 176.00 902.02 2034655 09/19/12 08160 COMPLETE OFFICE 14157850 08/23/12 TONER 718.68 14163770 08/24/12 PRINTER 387 891416377008/24/12 PRINTER 387.89 14158130 08/23/12 FAX MACHINE 172.39 14155870 08/22/12 TONER 22.40 1,301.36 2034732 09/26/12 12282 CORELOGIC INFORMATION 50007271 08/02/12 DATA SERVICES (AUG 2012) 5,940.00 5,940.00 2034733 09/26/12 12334 CORODATA MEDIA STORAGE INC DS1252592 08/31/12 TAPE STORAGE (AUG 2012) 328.90 328.90 2034510 09/05/12 02122 COUNTY OF SAN DIEGO 003880 08/31/12 PERMIT FEES 1,927.00 1,927.00 2034511 09/05/12 07494 COUNTY OF SAN DIEGO 1258 08/13/12 SEWER SERVICE (7/1/12-6/30/13) 4,146.38 1261 08/13/12 SEWER SERVICE (7/1/12-6/30/13) 157.06 4,303.44 2034656 09/19/12 00184 COUNTY OF SAN DIEGO HK182127850812 08/31/12 HAZMAT PERMIT (9/30/12-9/30/13) 292.00 292.00 2034657 09/19/12 02122 COUNTY OF SAN DIEGO 2012080705774 08/07/12 PERMIT FEES # 05774 (9/2012-9/2013) 2,608.00 2012080705714 08/07/12 PERMIT FEES # 05714 (9/2012-9/2013) 529.00 3,137.00 2034734 09/26/12 00184 COUNTY OF SAN DIEGO DEH130023D11 08/31/12 SHUT DOWN TEST (7/27/12) 852.00 DEH130028D11 08/31/12 SHUT DOWN TEST (7/10/12) 710.00 DEH130027D11 08/31/12 SHUT DOWN TEST (7/3/12) 568.00 DEH130021D11 08/31/12 SHUT DOWN TEST (7/25/12) 355.00 DEH130026D11 08/31/12 SHUT DOWN TEST (7/10/12) 284.00 2,769.00 2034512 09/05/12 00099 COUNTY OF SAN DIEGO - DPW 158451 06/30/12 EXCAVATION PERMITS (JUNE 2012) 2,294.51 159207 07/31/12 EXCAVATION PERMITS (JULY 2012) 651.98 2,946.49 Page 3 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034579 09/12/12 02756 COX COMMUNICATIONS SAN DIEGO 28810812 08/30/12 INTERNET SERVICES (8/29/12-9/28/12) 1,500.00 27170812 08/30/12 INTERNET SERVICES (8/29/12-9/28/12) 1,500.00 3,000.00 2034513 09/05/12 11797 D & H WATER SYSTEMS INC 2012222 08/08/12 REGULATOR SERVICE 600.00 600.00 2034580 09/12/12 14349 DAVE STAUFFER Ref002424003 09/11/12 UB Refund Cst #0000187743 15.13 15.13 2034581 09/12/12 14333 DAVID GAETA Ref002423986 09/11/12 UB Refund Cst #0000121262 120.57 120.57 2034658 09/19/12 03744 DEPARTMENT OF JUSTICE 928683 09/06/12 FINGERPRINTING SERVICES (AUG 2012) 147.00 147.00 2034514 09/05/12 00319 DEPARTMENT OF PUBLIC HEALTH 151030830 08/30/12 CERTIFICATE RENEWAL 90.00 90.00 2034515 09/05/12 01335 DICKSON COMPANY 876908 08/09/12 CHART RECORDERS 2,052.00 2,052.00 2034659 09/19/12 03417 DIRECTV 18610421625 09/05/12 SATELLITE TV (9/4/12-10/3/12) 18.00 18.00 2034582 09/12/12 02447 EDCO DISPOSAL CORPORATION 1554580831 08/31/12 RECYCLING SERVICES (AUG 2012) 90.00 90.00 2034660 09/19/12 14323 EDWARDS, JEFF 003900 09/11/12 SAFETY BOOTS 137.00 137.00 2034661 09/19/12 08023 EMPLOYEE BENEFIT SPECIALISTS 0057861IN 08/31/12 EMPLOYEE BENEFITS (AUG 2012)680 00203466109/19/12 08023 EMPLOYEE BENEFIT SPECIALISTS 0057861IN 08/31/12 EMPLOYEE BENEFITS (AUG 2012)680.00 0057218IN 06/30/12 EMPLOYEE BENEFITS (JUNE 2012) 672.50 0057559IN 07/31/12 EMPLOYEE BENEFITS (JULY 2012) 672.50 2,025.00 2034662 09/19/12 00331 EMPLOYMENT DEVELOPMENT DEPT 925023840912 09/13/12 UNEMPLOYMENT INSURANCE (4/1/12-6/30/12) 5,850.00 5,850.00 2034663 09/19/12 03765 ENGINEERING PARTNERS INC, THE 1112518 08/31/12 DESIGN SERVICES (4/1/12-8/31/12) 1,057.50 1,057.50 2034516 09/05/12 03227 ENVIROMATRIX ANALYTICAL INC 2080424 08/06/12 RECYCLED WTR ANALYSIS (7/25/12-7/29/12) 410.00 2080593 08/13/12 RECYCLED WATER ANALYSIS (7/30/12-8/5/12) 345.00 755.00 2034664 09/19/12 03227 ENVIROMATRIX ANALYTICAL INC 2080710 08/20/12 RECYCLED WATER ANALYSIS (8/1/12-8/10/12) 535.00 2080867 08/27/12 RECYCLED WTR ANALYSIS (8/11/12-8/16/12) 455.00 990.00 2034583 09/12/12 14339 FELIPE SANTANA Ref002423992 09/11/12 UB Refund Cst #0000177900 41.13 41.13 2034517 09/05/12 03546 FERGUSON WATERWORKS # 1083 0415148 08/16/12 INVENTORY 2,375.89 0415144 08/15/12 WAREHOUSE SUPPLIES 1,228.26 0415145 08/15/12 WAREHOUSE SUPPLIES 83.79 3,687.94 2034584 09/12/12 03546 FERGUSON WATERWORKS # 1083 04089734 08/07/12 HYDRANT PARTS 0.78 0.78 2034665 09/19/12 03546 FERGUSON WATERWORKS # 1083 0415696 08/28/12 INVENTORY 3,879.00 0408973 06/12/12 HYDRANT PARTS 1,876.22 5,755.22 2034666 09/19/12 13958 FIRETIDE INC 10649 08/31/12 RADIO REPAIR 700.00 700.00 Page 4 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034667 09/19/12 12187 FIRST AMERICAN DATA TREE LLC 90034082 08/31/12 ONLINE DOCUMENTS (8/1/12-8/31/12) 99.00 99.00 2034518 09/05/12 04066 FIRST CHOICE SERVICES - SD 191856 08/09/12 COFFEE SUPPLIES 515.83 515.83 2034668 09/19/12 04066 FIRST CHOICE SERVICES - SD 193451 08/23/12 COFFEE SUPPLIES 174.49 174.49 2034735 09/26/12 04066 FIRST CHOICE SERVICES - SD 194304 08/22/12 WATER FILTERS 538.21 538.21 2034519 09/05/12 11962 FLEETWASH INC 3926673 08/17/12 VEHICLE WASH 321.93 3923563 08/10/12 VEHICLE WASH 105.12 427.05 2034669 09/19/12 11962 FLEETWASH INC 3934620 08/31/12 VEHICLE WASH 151.11 3934613 08/31/12 VEHICLE WASH 32.85 183.96 2034585 09/12/12 01612 FRANCHISE TAX BOARD Ben2424059 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 90.00 90.00 2034586 09/12/12 02344 FRANCHISE TAX BOARD Ben2424065 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 81.00 81.00 2034736 09/26/12 01612 FRANCHISE TAX BOARD Ben2424257 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 90.00 90.00 2034737 09/26/12 02344 FRANCHISE TAX BOARD Ben2424263 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 81.00 81.00 2034670 09/19/12 13563 FRIENDS OF THE WATER 137 09/09/12 GARDEN TOURS (AUG 2012) 1,860.00 1,860.00 2034520 09/05/12 00131 GOVERNMENT FIN OFFICERS ASSN 003876 08/30/12 APPLICATION FEE 550.00 550.00 2034521 09/05/12 00101 GRAINGER INC 9899426564 08/10/12 MISC. ELECTRICAL 547.72 9894919209 08/06/12 BLOWER SILENCER 202.16 9898656690 08/10/12 LAYFLAT HOSE 97.88 847.76 2034671 09/19/12 00101 GRAINGER INC 9913048055 08/28/12 VALVE REBUILT 854.08 9906342432 08/20/12 CAT6 CABLE 750.57 9910302380 08/23/12 KNEELING PADS 337.38 9907522321 08/21/12 ELECTRICAL MATERIAL 321.02 9913048048 08/28/12 CANVAS TOOL BAGS 250.68 9911080191 08/24/12 TOOLS 97.87 9909970916 08/23/12 SAMPLE PARTS 47.71 9910037077 08/23/12 SAMPLE PARTS 4.99 9913048063 08/28/12 VALVE REBUILT 4.93 2,669.23 2034672 09/19/12 12907 GREENRIDGE LANDSCAPE INC 9772 08/28/12 LANDSCAPING SERVICES (AUG 2012) 8,650.00 8,650.00 2034587 09/12/12 14350 GREGG PHILLPSON Ref002424004 09/11/12 UB Refund Cst #0000187919 174.25 174.25 2034673 09/19/12 03773 GTC SYSTEMS INC C34019 CREDIT MEMO (49.00) 34013 09/01/12 NETWORK SERVICES (SEPT 2012) 3,222.00 3,173.00 Page 5 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034588 09/12/12 14329 GUADALUPE VILLA Ref002423982 09/11/12 UB Refund Cst #0000069006 75.00 75.00 2034522 09/05/12 08968 GURROLA, MICHAEL 003875 08/30/12 SAFETY BOOTS 145.44 145.44 2034589 09/12/12 00174 HACH COMPANY 7884077 08/07/12 LABORATORY SUPPLIES 2,482.05 2,482.05 2034738 09/26/12 02795 HARTFORD INSURANCE CO, THE Ben2424243 09/27/12 MONTHLY CONTRIBUTION TO LTD 5,428.92 5,428.92 2034590 09/12/12 05986 HAVS INCORPORATED 68711 09/07/12 AUDIO SYSTEM REPAIR 150.00 150.00 2034739 09/26/12 04472 HECTOR I MARES-COSSIO 89 09/25/12 CONSULTANT SERVICES (JULY 2012) 3,600.00 90 09/25/12 CONSULTANT SERVICES (AUG 2012) 3,600.00 7,200.00 2034523 09/05/12 00062 HELIX WATER DISTRICT 178540010812 08/09/12 WATER PURCHASE (6/7/12-8/7/12) 43.57 174639860812 08/09/12 WATER PURCHASE (6/7/12-8/7/12) 42.84 86.41 2034591 09/12/12 02096 HELIX WATER DISTRICT 0000292400812a 09/07/12 TEMPORARY METER (7/30/12-8/28/12) 149.42 149.42 2034674 09/19/12 06843 HI-TECH AIR CONDITIONING 27114 08/06/12 HVAC SERVICE 3,297.00 26729 07/31/12 HVAC SERVICE 668.21 26904 07/16/12 HVAC SERVICE 650.00 27109 07/26/12 HVAC SERVICE 335.78 4,950.99 2034592 09/12/12 14344 HOLLY LEANO Ref002423998 09/11/12 UB Refund Cst #0000184513 75.00 75.00 2034593 09/12/12 09044 HOLLY, ROGER 003886 09/10/12 TUITION REIMBURSEMENT 130.00 130.00 2034524 09/05/12 12335 HP ENTERPRISE SERVICES LLC U2973744 08/16/12 CREDIT CARD PYMT SVC (JULY 2012) 2,693.60 2,693.60 2034525 09/05/12 01649 IDEXX DISTRIBUTION INC 261845506 08/09/12 LABORATORY SUPPLIES 4,489.96 4,489.96 2034675 09/19/12 14295 IDM COMPUTER SOLUTIONS INC 619576 08/23/12 ULTRAEDIT SOFTWARE 299.75 299.75 2034676 09/19/12 08969 INFOSEND INC 61593 08/31/12 BILL PRINTING SERVICES (AUG 2012) 5,003.31 5,003.31 2034677 09/19/12 02372 INTERIOR PLANT SERVICE INC 1752 08/31/12 PLANT SERVICES (ENDING 8/31/12) 186.00 186.00 2034526 09/05/12 13899 INTERMEDIA.NET INC 12050070 05/01/12 EXCHANGE OUTSOURCING (4/2/12-5/1/12) 5,243.05 5,243.05 2034678 09/19/12 13899 INTERMEDIA.NET INC 12090076 09/01/12 EXCHANGE OUTSOURCING (8/2/12-9/1/12) 4,298.91 4,298.91 2034740 09/26/12 14368 IVAN SALIMAN 003907 09/25/12 CUSTOMER REFUND 3,135.00 3,135.00 2034679 09/19/12 03077 JANI-KING OF CALIFORNIA INC SDO08120183 08/01/12 JANITORIAL SERVICES (AUG 2012) 1,119.82 1,119.82 2034527 09/05/12 10563 JCI JONES CHEMICALS INC 556161 CREDIT MEMO (3,000.00) 556099 08/08/12 CHLORINE 4,837.80 1,837.80 Page 6 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034594 09/12/12 14328 JIM JORDAN Ref002423981 09/11/12 UB Refund Cst #0000053326 138.71 138.71 2034741 09/26/12 14371 JOHN R CHANTENGCO 003904 09/24/12 CUSTOMER REFUND 91.68 91.68 2034528 09/05/12 03172 JONES & STOKES ASSOCIATES INC 0088747 08/11/12 ENVIRONMENTAL CONSULT (7/1/12-7/27/12) 4,730.00 0088748 08/11/12 ENVIRONMENTAL CONSULT (7/1/12-7/27/12) 572.00 0088746 08/11/12 ENVIRONMENTAL CONSULT (7/1/12-7/27/12) 42.50 5,344.50 2034595 09/12/12 05217 JONES, DANIEL 003888 09/10/12 SAFETY BOOTS 117.43 117.43 2034596 09/12/12 14325 JOSE LOZANO Ref002423978 09/11/12 UB Refund Cst #0000033569 37.60 37.60 2034597 09/12/12 14334 JOSE MONZON Ref002423987 09/11/12 UB Refund Cst #0000133894 71.30 71.30 2034598 09/12/12 00056 KAMAN INDUSTRIAL TECHNOLOGIES H440902 08/03/12 SOLENOIDS 174.20 174.20 2034529 09/05/12 12639 KAPISH NORTH AMERICA LLC 3059 08/16/12 SOFTWARE LICENSES 19,353.70 19,353.70 2034680 09/19/12 12639 KAPISH NORTH AMERICA LLC 3063 08/23/12 TRIM IMPLEMENTATION (4/20/12-6/30/12) 650.00 650.00 2034681 09/19/12 14363 KELLY HUNT 003899 09/11/12 VALVE REBATE PROGRAM 350.00 350.00 2034599 09/12/12 14338 KIM KAYE Ref002423991 09/11/12 UB Refund Cst #0000155044 59 71 59 71203459909/12/12 14338 KIM KAYE Ref002423991 09/11/12 UB Refund Cst #0000155044 59.71 59.71 2034682 09/19/12 04996 KNOX ATTORNEY SERVICE INC 103309 08/31/12 DELIVERY SERVICES (8/17/12) 90.75 90.75 2034530 09/05/12 12276 KONECRANES INC SDG00700485 08/15/12 HOIST INSPECTIONS 500.00 500.00 2034683 09/19/12 14036 KRATOS / HBE SM38616 08/21/12 OPS DOOR REPAIR 360.00 360.00 2034742 09/26/12 14036 KRATOS / HBE SM38480 08/10/12 ALARM MONITORING (AUG 2012) 55.00 SM38485 08/10/12 ALARM MONITORING (AUG 2012) 55.00 SM38487 08/10/12 ALARM MONITORING (AUG 2012) 40.00 150.00 2034600 09/12/12 10330 LAKESIDE EQUIPMENT SALES & 0112 08/17/12 MAKISA MTX 70 3,199.75 3,199.75 2034743 09/26/12 00491 LIGHTHOUSE INC, THE 0273600 08/10/12 REPAIR PART 171.16 171.16 2034601 09/12/12 14332 LINDA SMITH Ref002423985 09/11/12 UB Refund Cst #0000092495 51.48 51.48 2034684 09/19/12 03019 LOPEZ, JOSE 70100812 09/11/12 MILEAGE REIMBURSEMENT (AUG 2012) 5.55 5.55 2034602 09/12/12 14359 LUCIELIN CORTES 003892 09/11/12 CUSTOMER REFUND 105.14 105.14 2034744 09/26/12 14369 LUCY BENNER 003906 09/19/12 CUSTOMER REFUND 81.17 81.17 2034685 09/19/12 02902 MARSTON+MARSTON INC 201291 08/31/12 COMMUNITY OUTREACH (AUG 2012) 5,000.00 5,000.00 Page 7 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034686 09/19/12 14364 MARTIN, DAN 003901 09/18/12 LICENSE RENEWAL 115.00 115.00 2034531 09/05/12 02882 MAYER REPROGRAPHICS INC 0073975IN 08/10/12 REPROGRAPHICS SERVICES 352.08 0074135IN 08/17/12 REPROGRAPHICS SERVICES 53.88 0074115IN 08/16/12 REPROGRAPHICS SERVICES 51.18 0074114IN 08/16/12 REPROGRAPHICS SERVICES 48.49 0073985IN 08/13/12 REPROGRAPHICS SERVICES 37.71 543.34 2034532 09/05/12 01183 MCMASTER-CARR SUPPLY CO 34141910 08/13/12 SUPPLIES 188.28 33797603 08/08/12 PIPE FITTINGS 684.62 34049320 08/10/12 STUD ANCHOR 181.50 1,054.40 2034687 09/19/12 01183 MCMASTER-CARR SUPPLY CO 35408688 08/28/12 BURLAP BAGS 729.09 35409363 08/28/12 STAINLESS STEEL COATING 173.75 35491904 08/28/12 HIGH PRESSURE HOSE 147.86 35617189 08/29/12 HIGH PRESSURE HOSE 114.11 34870622 08/21/12 SUPPLIES 111.40 35434338 08/28/12 STAINLESS STEEL COATING 89.29 1,365.50 2034603 09/12/12 14355 MCMILLIN REALTY Ref002424009 09/11/12 UB Refund Cst #0000189033 22.31 22.31 2034604 09/12/12 00805 METRO JPA 160 07/01/12 ANNUAL BUDGET 1,433.00 1,433.00 2034688 09/19/12 14038 MILLER SPATIAL SERVICES LLC 1012 08/12/12 MAP BOOKS UPDATE 2,520.00 2,520.00 2034605 09/12/12 01158 MIRAMAR TRUCK BODY & EQUIPMENT 67759 07/27/12 TRUCK BODY 8,189.00 8,189.00 2034533 09/05/12 02764 MYRON L COMPANY 335113 08/15/12 LABORATORY SUPPLIES 149.40 149.40 2034606 09/12/12 14331 NATASHA WESTER Ref002423984 09/11/12 UB Refund Cst #0000085552 22.52 22.52 2034607 09/12/12 03523 NATIONAL DEFERRED COMPENSATION Ben2424055 09/13/12 BI-WEEKLY DEFERRED COMP PLAN 7,538.15 7,538.15 2034745 09/26/12 03523 NATIONAL DEFERRED COMPENSATION Ben2424253 09/27/12 BI-WEEKLY DEFERRED COMP PLAN 7,538.15 7,538.15 2034689 09/19/12 09884 NATIONAL SAFETY COMPLIANCE INC 54128 08/31/12 RANDOM DRUG TESTING (AUG 2012) 489.06 489.06 2034690 09/19/12 13690 NEAL ELECTRIC CORP 57303 08/29/12 CONDUIT INSTALLATION 3,170.00 3,170.00 2034534 09/05/12 00510 OFFICE DEPOT INC 621011485001 08/16/12 OFFICE SUPPLIES 297.58 621213460001 08/17/12 OFFICE SUPPLIES 293.68 619765675001 08/07/12 COPY PAPER 185.89 620195330001 08/09/12 INK JET CARTRIDGES 114.72 620194274001 08/09/12 OFFICE SUPPLIES 84.42 621143351001 08/16/12 OFFICE SUPPLIES 45.69 1,021.98 2034608 09/12/12 00510 OFFICE DEPOT INC 621143226001 08/16/12 OFFICE SUPPLIES 158.74 158.74 Page 8 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034691 09/19/12 00510 OFFICE DEPOT INC 622789148001 08/29/12 OFFICE SUPPLIES 377.29 622013825001 08/23/12 OFFICE SUPPLIES 324.23 622802593001 08/29/12 OFFICE SUPPLIES 87.23 621840730001 08/22/12 OFFICE SUPPLIES 77.95 622801478001 09/01/12 OFFICE SUPPLIES 77.56 621858697001 08/24/12 DATE STAMP 37.70 622789756001 08/29/12 OFFICE SUPPLIES 36.25 1,018.21 2034692 09/19/12 03149 ON SITE LASER LLC 47012 08/24/12 PRINTER SERVICES 69.00 69.00 2034609 09/12/12 07496 ORTEGA-CARRILLO, ALMA PATRICIA 003889 09/06/12 TUITION REIMBURSEMENT 1,062.87 1,062.87 2034746 09/26/12 14367 OTAY RANCH TOWN CENTER Ref002424241 09/25/12 UB Refund Cst #0000177827 146.11 146.11 2034610 09/12/12 03101 OTAY WATER DISTRICT Ben2424051 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 679.00 679.00 2034747 09/26/12 03101 OTAY WATER DISTRICT Ben2424249 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 686.00 686.00 2034693 09/19/12 05118 OTIS ELEVATOR COMPANY SD04041812 07/20/12 ELEVATOR MAINTENANCE (AUG 2012) 458.58 458.58 2034694 09/19/12 02819 OTTO ENGINEERING INC 748625 08/21/12 SAFETY EQUIPMENT 95.68 95.68 2034748 09/26/12 03780 OWEN DOUGLAS WESTLEY 003911 09/26/12 LICENSE RENEWAL 169 00 169 00203474809/26/12 03780 OWEN, DOUGLAS WESTLEY 003911 09/26/12 LICENSE RENEWAL 169.00 169.00 2034611 09/12/12 08891 PACIFIC METER SERVICES INC 314 08/17/12 METER REPLACEMENT 3,000.00 3,000.00 2034695 09/19/12 01002 PACIFIC PIPELINE SUPPLY 155410 08/28/12 INVENTORY 4,158.61 155411 08/28/12 INVENTORY 2,880.16 155102 08/22/12 INVENTORY 2,047.25 155118 08/22/12 INVENTORY 2,047.25 155103 08/22/12 INVENTORY 1,917.95 154680 08/28/12 INVENTORY 560.30 13,611.52 2034612 09/12/12 14348 PATRICIA MCKELVEY Ref002424002 09/11/12 UB Refund Cst #0000186995 223.77 223.77 2034535 09/05/12 08398 PEERLESS MATERIALS COMPANY 25612 08/09/12 WIPING RAGS 258.60 258.60 2034696 09/19/12 03790 PENHALL COMPANY 31576 08/28/12 SAW CUTTING SERVICES 326.25 31522 08/22/12 SAW CUTTING SERVICES 317.50 31521 08/22/12 SAW CUTTING SERVICES 260.00 31508 08/22/12 SAW CUTTING SERVICES 200.00 1,103.75 2034536 09/05/12 00137 PETTY CASH CUSTODIAN 003873 08/31/12 PETTY CASH 510.69 510.69 2034537 09/05/12 00053 PITNEY BOWES INC 327962 08/16/12 EQUIPMENT MAINTENANCE 2,800.42 327963 08/16/12 EQUIPMENT MAINTENANCE 273.17 3,073.59 2034538 09/05/12 01733 PRICE TRONCONE & 12573 08/14/12 ANTENNA SUBLEASE (OCT-DEC 2012) 4,128.00 4,128.00 Page 9 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034697 09/19/12 07346 PRIME ELECTRICAL SERVICES INC 10604 08/31/12 SOLAR INSTALLATION 3,989.00 3,989.00 2034698 09/19/12 13059 PRIORITY BUILDING SERVICES 31824 08/01/12 JANITORIAL SERVICES (AUG 2012) 3,504.00 3,504.00 2034699 09/19/12 06844 PROCESS MEASUREMENT & 077049 08/24/12 SUBMERSIBLE PROBE 588.55 588.55 2034613 09/12/12 14347 PROPERTY SALES II LLC Ref002424001 09/11/12 UB Refund Cst #0000186909 30.41 30.41 2034539 09/05/12 06641 PRUDENTIAL OVERALL SUPPLY 30279537 08/09/12 UNIFORMS, TOWELS & MATS 422.10 30281050 08/16/12 UNIFORMS, TOWELS & MATS 416.23 30279536 08/09/12 UNIFORMS, TOWELS & MATS 207.95 30281049 08/16/12 UNIFORMS, TOWELS & MATS 207.95 30279538 08/09/12 UNIFORMS, TOWELS & MATS 173.33 30281051 08/16/12 UNIFORMS, TOWELS & MATS 173.33 30278913 08/07/12 UNIFORMS, TOWELS & MATS 124.04 30280443 08/14/12 UNIFORMS, TOWELS & MATS 124.04 30280442 08/14/12 UNIFORMS, TOWELS & MATS 73.48 30281052 08/16/12 UNIFORMS, TOWELS & MATS 60.75 30279539 08/09/12 UNIFORMS, TOWELS & MATS 58.75 30278912 08/07/12 UNIFORMS, TOWELS & MATS 38.12 2,080.07 2034700 09/19/12 06641 PRUDENTIAL OVERALL SUPPLY 30282575 08/23/12 UNIFORMS TOWELS & MATS 427 41203470009/19/12 06641 PRUDENTIAL OVERALL SUPPLY 30282575 08/23/12 UNIFORMS, TOWELS & MATS 427.41 30283938 08/30/12 UNIFORMS, TOWELS & MATS 376.68 30282574 08/23/12 UNIFORMS, TOWELS & MATS 207.95 30283937 08/30/12 UNIFORMS, TOWELS & MATS 207.95 30282576 08/23/12 UNIFORMS, TOWELS & MATS 173.33 30283939 08/30/12 UNIFORMS, TOWELS & MATS 173.33 30281955 08/21/12 UNIFORMS, TOWELS & MATS 124.04 30283296 08/28/12 UNIFORMS, TOWELS & MATS 124.04 30281954 08/21/12 UNIFORMS, TOWELS & MATS 101.70 30282577 08/23/12 UNIFORMS, TOWELS & MATS 58.75 30283940 08/30/12 UNIFORMS, TOWELS & MATS 58.15 30283295 08/28/12 UNIFORMS, TOWELS & MATS 54.47 2,087.80 2034540 09/05/12 00078 PUBLIC EMPLOYEES RET SYSTEM Ben2423776 08/30/12 BI-WEEKLY PERS CONTRIBUTION 153,707.99 153,707.99 2034701 09/19/12 00078 PUBLIC EMPLOYEES RET SYSTEM Ben2424049 09/13/12 BI-WEEKLY PERS CONTRIBUTION 154,416.07 154,416.07 2034702 09/19/12 10294 QWIKPRINTS 122481149 08/23/12 FINGERPRINTING SERVICES 20.00 20.00 2034541 09/05/12 01342 R J SAFETY SUPPLY CO INC 30418100 08/15/12 SAFETY SUPPLIES 747.25 747.25 2034703 09/19/12 01342 R J SAFETY SUPPLY CO INC 30418101 08/22/12 SAFETY SUPPLIES 135.77 30418102 08/24/12 SAFETY SUPPLIES 48.28 184.05 2034542 09/05/12 00766 RANROY PRINTING COMPANY 016957 08/09/12 POSTCARDS 1,309.16 1,309.16 Page 10 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034704 09/19/12 02950 RDO EQUIPMENT CO E00171 08/31/12 REPLACEMENT BACKHOE 102,515.51 102,515.51 2034705 09/19/12 14361 REGAL ESCROW INC 003898 09/18/12 CUSTOMER REFUND 150.00 150.00 2034614 09/12/12 14346 ROBERT FISHER Ref002424000 09/11/12 UB Refund Cst #0000186478 214.98 214.98 2034615 09/12/12 14340 RON CATLIN Ref002423994 09/11/12 UB Refund Cst #0000182863 24.72 24.72 2034616 09/12/12 14341 RYAN WILLIAMSON Ref002423995 09/11/12 UB Refund Cst #0000183026 9.70 9.70 2034706 09/19/12 09148 S & J SUPPLY COMPANY INC S100014713001 08/20/12 INVENTORY 1,773.46 S100014676001 08/20/12 INVENTORY 637.67 2,411.13 2034617 09/12/12 05130 SAFARI MICRO INC 219310 08/07/12 HP PRINTERS 581.06 217765 06/28/12 INK CARTRIDGES 304.09 885.15 2034707 09/19/12 05130 SAFARI MICRO INC 218087 07/09/12 INK CARTRIDGES 2,015.20 2,015.20 2034543 09/05/12 13204 SAIC ENERGY ENVIR & INFRAS LLC 05860 08/14/12 CONSTRUCTION MGMT (ENDING 7/27/12) 8,028.77 8,028.77 2034544 09/05/12 02586 SAN DIEGO COUNTY ASSESSOR 2012043 08/06/12 ASSESSOR DATA (JULY 2012) 125.00 125.00 2034545 09/05/12 00121 SAN DIEGO GAS & ELECTRIC 003860 08/22/12 UTILITY EXPENSES (MONTHLY)781 69203454509/05/12 00121 SAN DIEGO GAS & ELECTRIC 003860 08/22/12 UTILITY EXPENSES (MONTHLY)781.69 003861 08/23/12 UTILITY EXPENSES (MONTHLY) 34,925.95 003859 08/17/12 UTILITY EXPENSES (MONTHLY) 29,836.24 65,543.88 2034618 09/12/12 00121 SAN DIEGO GAS & ELECTRIC 003882 08/27/12 UTILITY EXPENSES (MONTHLY) 68,699.06 003881 08/23/12 UTILITY EXPENSES (MONTHLY) 9,923.21 78,622.27 2034708 09/19/12 00121 SAN DIEGO GAS & ELECTRIC 003896 08/22/12 UTILITY EXPENSES (MONTHLY) 5,346.02 003895 09/04/12 UTILITY EXPENSES (MONTHLY) 69,952.07 75,298.09 2034619 09/12/12 09339 SANGALANG, ALEX 003885 09/05/12 TUITION REIMBURSEMENT 175.00 175.00 2034749 09/26/12 14370 SCOTT SHOEMAKER 003905 09/20/12 CUSTOMER REFUND 93.34 93.34 2034620 09/12/12 07783 SCRIPPS CENTER FOR EXECUTIVE 22559 08/15/12 EXECUTIVE HEALTH EXAM 1,869.00 1,869.00 2034621 09/12/12 14357 SDREOS INC Ref002424011 09/11/12 UB Refund Cst #0000192858 18.36 18.36 2034546 09/05/12 12904 SEPULVEDA CONSTRUCTION INC 4A 08/08/12 30 INCH POTABLE PL (ENDING 7/31/12) 58,041.67 58,041.67 2034622 09/12/12 00419 SHAPE PRODUCTS 157608 08/15/12 DISTRIBUTION SUPPLIES 954.89 954.89 2034547 09/05/12 13327 SILVA SILVA INTERNATIONAL 1208 08/10/12 PROJECT CONSULTANT (JULY 2012) 4,000.00 4,000.00 2034709 09/19/12 13327 SILVA SILVA INTERNATIONAL 1209 09/10/12 PROJECT CONSULTANT (AUG 2012) 4,000.00 4,000.00 Page 11 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034548 09/05/12 12281 SIR SPEEDY PRINTING 3345 08/18/12 BUSINESS CARDS 38.63 38.63 2034710 09/19/12 12281 SIR SPEEDY PRINTING 3381 08/25/12 BUSINESS CARDS 38.63 38.63 2034549 09/05/12 00258 SLOAN ELECTRIC COMPANY 0060949 08/14/12 LABOR 4,041.71 4,041.71 2034711 09/19/12 00258 SLOAN ELECTRIC COMPANY 211380 08/30/12 REPLACEMENT PARTS 4,792.45 210380 08/31/12 DC MOTOR 4,527.25 9,319.70 2034712 09/19/12 03103 SOUTHCOAST HEATING & C49319 08/15/12 AC MAINTENANCE (AUG 2012) 1,068.00 286301 08/31/12 AC MAINTENANCE (8/24/12) 129.00 1,197.00 2034750 09/26/12 14257 SOUTHWEST VALVE & EQUIPMENT 3357 08/30/12 MATERIALS 434.30 434.30 2034550 09/05/12 03760 SPANKY'S PORTABLE SERVICES INC 922678 08/08/12 PORTABLE TOILET RENTAL (8/8/12-9/4/12) 79.96 79.96 2034713 09/19/12 03760 SPANKY'S PORTABLE SERVICES INC 923616 08/17/12 PORTABLE TOILET RENTAL (8/16/12-9/12/12) 98.15 924083 08/27/12 PORTABLE TOILET RENTAL (8/25/12-9/21/12) 79.96 923876 08/24/12 PORTABLE TOILET RENTAL (8/24/12-9/20/12) 79.96 923877 08/24/12 PORTABLE TOILET RENTAL (8/24/12-9/20/12) 79.96 923878 08/24/12 PORTABLE TOILET RENTAL (8/24/12-9/20/12) 79.96 417.99 2034623 09/12/12 03516 SPECIAL DISTRICT RISK 41305 08/22/12 WORKERS' COMPENSATION (OCT DEC 2012)39 348 57 39 348 57203462309/12/12 03516 SPECIAL DISTRICT RISK 41305 08/22/12 WORKERS' COMPENSATION (OCT-DEC 2012)39,348.57 39,348.57 2034714 09/19/12 06510 SPRINT NEXTEL 901500243072 09/12/12 WIRELESS SERVICES (8/9/12-9/9/12) 3,524.96 3,524.96 2034551 09/05/12 02354 STANDARD ELECTRONICS 17219 08/07/12 SECURITY MONITORING (JUNE-AUG 2012) 4,057.50 4,057.50 2034624 09/12/12 06281 STATE DISBURSEMENT UNIT Ben2424063 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 415.38 415.38 2034625 09/12/12 06299 STATE DISBURSEMENT UNIT Ben2424057 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 237.69 237.69 2034626 09/12/12 06303 STATE DISBURSEMENT UNIT Ben2424061 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 802.15 802.15 2034627 09/12/12 08533 STATE DISBURSEMENT UNIT Ben2424067 09/13/12 BI-WEEKLY PAYROLL DEDUCTION 253.85 253.85 2034751 09/26/12 06281 STATE DISBURSEMENT UNIT Ben2424261 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 415.38 415.38 2034752 09/26/12 06299 STATE DISBURSEMENT UNIT Ben2424255 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 237.69 237.69 2034753 09/26/12 06303 STATE DISBURSEMENT UNIT Ben2424259 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 802.15 802.15 2034754 09/26/12 08533 STATE DISBURSEMENT UNIT Ben2424265 09/27/12 BI-WEEKLY PAYROLL DEDUCTION 253.85 253.85 2034628 09/12/12 14343 STEPHANIE CLAY Ref002423997 09/11/12 UB Refund Cst #0000183728 34.23 34.23 2034715 09/19/12 12809 STUTZ ARTIANO SHINOFF 89246 08/30/12 LEGAL SERVICES (JULY 2012) 20,183.93 20,183.93 Page 12 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034716 09/19/12 10339 SUPREME OIL COMPANY 376472 08/28/12 UNLEADED FUEL 20,248.00 376473 08/28/12 DIESEL FUEL 10,233.43 30,481.43 2034755 09/26/12 14372 SUZANNE RICHARDSON 003903 09/24/12 CUSTOMER REFUND 107.83 107.83 2034717 09/19/12 02987 T M PEMBERTON 28057 08/21/12 CEMENT 627.00 627.00 2034756 09/26/12 09221 TACKETT, ZACHARY 003910 09/20/12 COMPUTER LOAN 2,700.32 2,700.32 2034629 09/12/12 01834 TC CONSTRUCTION INC 8A 08/15/12 LA PRESA SYSTEM (ENDING 8/15/12) 176,064.33 176,064.33 2034630 09/12/12 14336 TERESA CLANTON Ref002423989 09/11/12 UB Refund Cst #0000144689 11.04 11.04 2034631 09/12/12 14330 THOMAS WILDER Ref002423983 09/11/12 UB Refund Cst #0000074375 24.80 24.80 2034632 09/12/12 14177 THOMPSON, MITCHELL 18070712 09/06/12 MILEAGE REIMBURSEMENT (JULY 2012) 108.78 108.78 2034633 09/12/12 14354 TINA ETUE Ref002424008 09/11/12 UB Refund Cst #0000188498 28.59 28.59 2034634 09/12/12 14342 TONYA WHITFIELD Ref002423996 09/11/12 UB Refund Cst #0000183132 40.17 40.17 2034635 09/12/12 13419 TREEBEARD LANDSCAPE 21234 08/10/12 IRRIGATION VALVE 364.00 364.00 2034552 09/05/12 13484 TUTTLE-CLICK FORD INC F321799 08/06/12 REPLACEMENT TRUCK 104,386.44 104,386.44 2034718 09/19/12 03261 TYLER TECHNOLOGIES INC 04572662 08/30/12 SOFTWARE MAINTENANCE 119,710.51 119,710.51 2034719 09/19/12 00427 UNDERGROUND SERVICE ALERT OF 820120472 09/01/12 UNDERGROUND ALERTS (AUGUST 2012) 300.00 300.00 2034553 09/05/12 14181 UNITED RENTALS (NORTH AMERICA)104707504001 08/08/12 CONCRETE 159.47 104741045001 08/09/12 CONCRETE 159.47 318.94 2034720 09/19/12 14181 UNITED RENTALS (NORTH AMERICA)105241951001 08/29/12 CONCRETE 358.88 358.88 2034636 09/12/12 00350 UNITED STATES POSTAL SERVICE 104339510912 09/11/12 PREPAID POSTAGE MACHINE 6,000.00 6,000.00 2034757 09/26/12 07662 UNITEDHEALTHCARE SPECIALTY 122700000068 09/26/12 AD&D & SUPP LIFE INS (OCT 2012) 5,641.20 5,641.20 2034637 09/12/12 07674 US BANK CORPORATE PAYMENT E000016 08/22/12 CAL CARD EXPENSES (MONTHLY) 2,087.25 E000017 08/22/12 CAL CARD EXPENSES (MONTHLY) 83.99 2,171.24 2034721 09/19/12 07674 US BANK CORPORATE PAYMENT A000025 06/22/12 CAL-CARD EXPENSES (MONTHLY) 8,741.74 A000024 05/22/12 CAL-CARD EXPENSES (MONTHLY) 6,455.52 15,197.26 2034758 09/26/12 07674 US BANK CORPORATE PAYMENT O0000000015 09/25/12 CAL CARD EXPENSES (MONTHLY) 14,347.82 14,347.82 2034554 09/05/12 04345 US CONCRETE PRECAST GROUP 0155196IN 08/13/12 INVENTORY 9,969.55 9,969.55 Page 13 of 14 OTAY WATER DISTRICT CHECK REGISTER FOR CHECKS 2034500 THROUGH 2034762 RUN DATES 9/5/2012 TO 9/26/2012 Check # Date Vendor Vendor name Invoice Inv Date Description Amount Paid Check Total 2034759 09/26/12 06829 US SECURITY ASSOCIATES INC 799098 08/31/12 SECURITY SERVICES 197.80 197.80 2034722 09/19/12 13048 V & A CONSULTING ENGINEERS 13560 08/31/12 CORROSION SERVICES (6/30/12-8/31/12) 30,090.75 30,090.75 2034723 09/19/12 08028 VALLEY CONSTRUCTION MANAGEMENTSD100126 08/31/12 CONSTRUCTION MGMT (8/1/12-8/31/12) 23,290.00 23,290.00 2034638 09/12/12 01095 VANTAGEPOINT TRANSFER AGENTS Ben2424047 09/13/12 BI-WEEKLY DEFERRED COMP PLAN 13,970.36 13,970.36 2034639 09/12/12 06414 VANTAGEPOINT TRANSFER AGENTS Ben2424053 09/13/12 BI-WEEKLY 401A PLAN 1,695.58 1,695.58 2034760 09/26/12 01095 VANTAGEPOINT TRANSFER AGENTS Ben2424247 09/27/12 BI-WEEKLY DEFERRED COMP PLAN 13,973.51 13,973.51 2034761 09/26/12 06414 VANTAGEPOINT TRANSFER AGENTS Ben2424251 09/27/12 BI-WEEKLY 401A PLAN 1,563.98 1,563.98 2034640 09/12/12 14345 VENTURE PACIFIC COMMERCIAL SER Ref002423999 09/11/12 UB Refund Cst #0000186119 16.83 16.83 2034555 09/05/12 03329 VERIZON WIRELESS 1113042576 08/21/12 WIRELESS SERVICES (7/22/12-8/21/12) 5,006.82 5,006.82 2034641 09/12/12 07595 WALTERS WHOLESALE ELECTRIC CO 326768902 08/15/12 SOFT START 401.91 401.91 2034724 09/19/12 07595 WALTERS WHOLESALE ELECTRIC CO 326768701 08/22/12 MANUAL TRANSFER SWITCH 1,427.69 1,427.69 2034762 09/26/12 07487 WARRIX DENNY 003909 09/16/12 SAFETY BOOTS 107 64 107 64203476209/26/12 07487 WARRIX, DENNY 003909 09/16/12 SAFETY BOOTS 107.64 107.64 2034556 09/05/12 07780 WEBER SCIENTIFIC 574679 08/15/12 LABORATORY SUPPLIES 759.64 759.64 2034557 09/05/12 00517 WESCO DISTRIBUTION INC 646603 08/15/12 GROUND WIRE 101.09 101.09 2034725 09/19/12 00125 WESTERN PUMP INC 0120868IN 08/31/12 DUSTO INSPECTIONS (AUG 2012) 350.00 350.00 2034558 09/05/12 13483 WHITE NELSON DIEHL EVANS LLP 127819 08/09/12 AUDIT SERVICES 2,500.00 2,500.00 2034726 09/19/12 13483 WHITE NELSON DIEHL EVANS LLP 128016 08/31/12 AUDIT SERVICES 11,000.00 11,000.00 2034642 09/12/12 03423 WINZER CORPORATION 4387846 08/13/12 SHOP SUPPLIES 397.11 397.11 2034727 09/19/12 03423 WINZER CORPORATION 4397004 08/21/12 SHOP SUPPLIES 12.18 12.18 2034559 09/05/12 14322 WOK AND ROLLS CATERING 003879 08/29/12 EMPLOYEE PROGRAM 500.00 500.00 2034643 09/12/12 14322 WOK AND ROLLS CATERING 003891 09/10/12 EMPLOYEE PROGRAM 3,654.71 3,654.71 GRAND TOTAL 1,749,671.30 1,749,671.30 Page 14 of 14