HomeMy WebLinkAbout02-03-10 Board Packet (Part 1)OTAY WATER DISTRICT
BOARD OF DIRECTORS MEETING
DiSTRICT BOARDROOM
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
WEDNESDAY
February 3,2010
3:30 P.M.
AGENDA
1.ROLL CALL
2.PLEDGE OF ALLEGIANCE
3.APPROVAL OF AGENDA
4.PRESENTATION BY THE ENGINEERING AND GENERAL CONTRACTORS AS-
SOCIATION THE PUBLIC AGENCY PARTNERSHIP AWARD TO THE OTAY WA-
TER DISTRICT
5.PRESENTATION OF THE AMIGO AWARD FOR OUTSTANDING PUBLIC SEC-
TOR/INFRASTRUCTURE PROJECT FROM THE MEXICAN AMERICAN BUSI-
NESS AND PROFESSIONAL ASSOCIATION
7.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
8.ITEMS TO BE ACTED UPON WITHOUT DISCUSSION,UNLESS A REQUEST IS
MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PAR-
TICULAR ITEM:
a.ADOPT ORDINANCE NO.519 ENACTING THE PROPOSED AMEND-
MENTS TO,AND RECODIFICATION,OF CERTAIN PROVISIONS OF THE
CODE OF ORDINANCE
b.ADOPT ORDINANCE NO.523 REMOVING FEES AND CHARGES FROM
SECTIONS 9,10,23, 25,28,31,33, 34,53,60 AND FROM POLICY 5 OF
THE DISTRICT'S CODE OF ORDINANCES AND INCORPORATING THEM
IN A NEWLY CREATED APPENDIX A;DELETING POLICY 17 AND IN-
CORPORATING IT INTO SECTION 31;AND AMENDING SECTION 53,
FEES,RATES,CHARGES AND CONDITIONS FOR SEWER SERVICES
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c)ADOPT RESOLUTION NO.4151 TO REPEAL AND REPLACE BOARD OF
DIRECTORS POLICY NO.5,FURNISHING COPIES OF DOCUMENTS
AND PREPARATION OF OTHER INFORMATION;AND ADOPT POLICY
NO.05-A,RECORDS POLICIES AND PROCEDURES,RECORDS RETEN-
TION AND DESTRUCTION;AND POLICY NO.05-B RECORDS POLICIES
AND PROCEDURES --ACCESSIBILITY
d)ADOPT RESOLUTION NO.4152 REVISING BOARD OF DIRECTORS POL-
ICY NO.48,ADAIFEHA DISABILITY POLICY
e)APPROVE THE ISSUANCE OF A PURCHASE ORDER TO VILLA FORD
OF TUSTIN,CALIFORNIA IN THE AMOUNT OF $62,349.60,FOR THE
PURCHASE OF THREE (3)F-150 PICKUP TRUCKS
f)APPROVE WAIVING ALL DEFERRED AVAILABILITY CHARGES AND IN-
TEREST PER THE AGREEMENT,"PREVENTING WATER AND/OR
SEWER USE AND PROVIDING FOR DEFERRAL OF CERTAIN WATER
AND/OR SEWER AVAILABILITY STANDBY CHARGES"WITH THE ENVI-
RONMENTAL TRUST,INC.CONCERNING FOUR OF THE PARCELS
COVERED WITHIN SAID AGREEMENT (APNs 580-040-01,580-040-41,
580-040-44 AND 580-040-46)AND DENYING THE REQUEST FOR
WAIVER FOR THE REMAINING PARCELS
g)APPROVE CONTINUING THE CURRENT LEVEL OF BANKING SERVICES
WITH UNION BANK AND DIRECT STAFF TO INITIATE A REQUEST FOR
PROPOSALS IN APPROXIMATELY TWO (2)YEARS
h)APPROVE THE PROPOSED BYLAWS AND ARTICLES OF ASSOCIATION
OF THE COUNCIL OF WATER UTILITIES
i)APPROVE A REIMBURSEMENT MEMORANDUM OF UNDERSTANDING
WITH HELIX WATER DISTRICT FOR COSTS ASSOCIATED WITH THE
RELOCATION OF CERTAIN HELIX WATER DISTRICT FACILITIES IN
CONNECTION WITH THE UPGRADE OF CWA's FLOW CONTROL FACIL-
ITY NO.14 AND THE DISTRICT'S JAMACHA ROAD PIPELINE PROJECT
FOR AN AMOUNT NOT-TO-EXCEED $144,700
j)AWARD A CONSTRUCTION CONTRACT TO WEST COAST INDUSTRIAL
COATING INC.IN AN AMOUNT NOT-TO-EXCEED $690,000 FOR THE
1296-1 AND 1296-2 RESERVOIR INTERIOR/EXTERIOR COATING AND
UPGRADES PROJECT
k)CONSENT TO THE WITHDRAWAL OF THE BID SUBMITTED BY EMPIRE
PIPELINE AND AWARD A CONSTRUCTION CONTRACT TO A.B.HASHMI
INC.IN THE AMOUNT OF $91,320 FOR THE JAMACHA ROAD SEWER
REPLACEMENT PROJECT
I)APPROVE A REIMBURSEMENT AGREEMENT WITH THE CITY OF
CHULA VISTA FOR CONSTRUCTION COSTS ASSOCIATED WITH THE
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OTAY LAKES ROAD 12-INCH RECYCLED WATER PIPELINE AND POTA-
BLE UTILITY RELOCATION PROJECT IN AN AMOUNT-NOT-TO EXCEED
$1,100,000
ACTION ITEMS
9.FINANCE AND ADMINISTRATION
a)ADOPT RESOLUTION NO.4153 AUTHORIZING THE EXECUTION OF A
JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALI-
FORNIA MUNICIPAL FINANCE AUTHORITY (CMFA)FOR THE OTAY WA-
TER DISTRICT TO BECOME A MEMBER OF THE CMFA (BEACHEM)
10.ENGINEERING AND WATER OPERATIONS
a)CERTIFY THE 2009 PROGRAM ENVIRONMENTAL IMPACT REPORT
FOR THE 2009 WATER RESOURCES MASTER PLAN UPDATE AND AP-
PROVE THE 2009 WATER RESOURCES MASTER PLAN UPDATE AS A
FINAL PLAN AND DOCUMENT [COBURN-BOYD]
11.GENERAL MANAGER
a)RECEIVE THE FINDINGS OF THE 2009 RESIDENTIAL CUSTOMER OPIN-
ION AND AWARENESS SURVEY REPORT CONDUCTED BY REA AND
PARKER RESEARCH INC.(BUELNA)
12.BOARD
a)DISCUSSION OF 2009 BOARD MEETING CALENDAR
REPORTS
13.GENERAL MANAGER'S REPORT
a)SAN DIEGO COUNTY WATER AUTHORITY UPDATE
14.DIRECTORS'REPORTS/REQUESTS
15.PRESIDENT'S REPORT
RECESS TO CLOSED SESSION
16.CLOSED SESSION
a)CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION [GOV-
ERNMENT CODE §54956.9(a)]
(I)INFRASTRUCTURE ENGINEERING CORP.v.OTAY WATER DIS-
TRICT,COUNTY OF SAN DIEGO,SUPERIOR COURT,CASE NO.
37-2008-00093876-CU-BC-CTL
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(II)MULTIPLE CASES RELATED TO THE FENTON BUSINESS CEN-
TER AND FILED WITH THE SUPERIOR COURT OF THE COUNTY
OF SAN DIEGO CONSOLIDATED UNDER CASE NO.37-2007-
00077024-CU-BC-SC
b)CONFERENCE WITH LEGAL COUNSEL -POTENTIAL LITIGATION [GOV-
ERNMENT CODE §54956.9(b)]
2 CASES
RETURN TO OPEN SESSION
17.REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION.THE BOARD MAY
ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION
18.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 January 29,2010,I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District,said time being at
least 72 hours in advance of the regular meeting of the Board of Directors (Government
Code Section §54954.2).
Executed at Spring Valley,California on January 29,2010.
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AGENDA ITEM 8a
TYPE MEETING:Regular Board
SUBMITTED BY:
APPROVED BY:
MEETING DATE:
Yuri Calderon,General counse~W.O.lG.F.NO:
Aerobel Banuelos,Esq.
Mark Watton,General Manager
German Alvarez,Assistant General Manager
February 3,2010
DIV.NO.
SUBJECT:Re-codification of certain Code of Ordinance Provisions
Regarding Prohibited or Unauthorized Activities,Protection of
District Facilities and Enforcement of District Ordinances
RECOMMENDATIONS:
That the Board adopt Ordinance 519 enacting the proposed amendments to,and re-codification
of,certain provisions of the Code ofOrdinance.
PURPOSE:
To present to the Board certain Code of Ordinance provisions to be clarified,updated,expanded
and re-codified in a new division of the Code of Ordinance to make the District's policies
regarding remedies for violations,damages to District property and other prohibited activIties
more easily accessible.To propose revisions to,or the repeal of,certain existing provisions of
the Code ofOrdinance to avoid duplication and possible confusion.
ANALYSIS:
The District's Code of Ordinance currently contains scattered proVISIOns specifying
administrative fines and penalties,procedures for disconnection or reconnection of services,
prohibiting the use of District facilities without the consent ofthe District,prohibiting tampering
and other unauthorized or illegal practices and otherwise establishing certain rights of the
District.
Under the existing provisions of the Code of Ordinance,enforcement IS carried out in a number
of ways.In cases such as a report of water waste or unauthorized activity,the first step is to
communicate with the customer by telephone,letter,door tag,or by making personal contact.
Many times this contact is all that is required to resolve the situation.If not,enforcement
progresses to a written notice and possibly the imposition of a fine or disconnection of service.
In short,there are several methods in the District's ordinances and procedures that can be used to
enforce Code provisions and water restrictions.However,since the provisions are scattered
throughout the Code and the procedures for enforcement are sometimes difficult to locate,
enforcement is inconsistent.An important part ofthe District's water shOliage plan is to specify
the appropriate authority and a combinatIOn of methods to enforce mandatory measures such as
water restrictions and to be able to consistently address Code violations.
The District staff and the General Counsel have identified and restated the provisions of the
Code of Ordinanace pertaining to violations,prohibited activities,unauthorized use,tennination
of service,re-connection of service,administrative fines,penalties and damages.The District
staff and the General Counsel believe that it would be in the best interest of the District to
consolidate all such provisions in a new article of the Code of Ordinance entitled "Article IV -
Prohibited Activities;Remedies and Enforcement".
Some of the proposed updates and modifications to existing code provisions can be summarized
as follows:
Code
Section
22
24
26
33
Existing provisions
(Summary)
Provides that any persons
tampering or interfering with
any component of the
District's system,or who
caused or permitted such
tampering or interfering,
would be liable for any
resulting Injury or damage
and could be fined up to
$5,000
Prohibits leaks,waste of
water and resale ofwater
Provides for the use of
recycled water and
establishes provisions for
reasonable use and some
provisions for enforcement
Provides for use,installation
and removal of meters and
other service related
conditions and requirements
Summary of reason(s)
for modifications
Although the provision
generally applies to the
"District's system"it is
not clear ifthe provision
is also applicable to
District's sewer or
recycled water facilities
or other District property.
There is no procedure to
impose or collect the fine.
Existing language does
not provide the District
with any specific
remedies ifsomeone
engages in such
practices
Existing language does
not provide procedures
for termination of service
in connection with a
violation.There is no
procedure to establish or
collect the fine.
Existing language does
not establish procedures
for the removal ofmeters
in connection with
violations other than
payment violations and
does not establish
2
Division IV Provisions
(Summary)
-Section 70 defines
tampering as applicable to any
District property
-Section 71 specifically
prohibits this activity
-Section n provides a
procedure for investigating a
violation and terminating
service under certain
conditions.Section n.05
provides a procedure for
imposition and enforcement of
administrative fines
-Section 71 specifically
prohibits this activity
-Section n provides a
procedure for investigating a
violation and terminating
service under certain
conditions.Section n.05
provides a procedure for
imposition and enforcement of
administrative fines
Section n provides for notice
and makes provision for
termination and reinstatement
of service in connection with a
violation.Section n.05
provides a procedure for
imposition and enforcement of
administrative fines
Sections 71 and n prohibit
meter tampering and other
violations relating to the use
ofmeters,such as
unauthorized connections.
These sections also establish
procedures for removal of
35
51
Provides that customers are
responsible for damage they
cause to District property
and that service may be
terminated if bills for
damages are not paid within
five (5)days ofpresentation
Provides that the District
retains control over the
operation of the sewer
system and prohibits
unauthorized connections.
Establishes a fine equal to
the annexation fee for
unauthorized connections
consistent procedures for
reinstatement of service
or re-installation of
meters
There are no procedures
for notice or enforcement
ofthe violation and the
time limit could be
unreasonably short under
some circumstances
Existing language does
not establish procedures
for notice ofthe violation,
removal ofunauthorized
connections and disposal
ofparts used in the
unauthorized connection.
There is also no
administrative procedure
for the imposition and
collection offines
meters in connection with
violations and reinstallation of
meters ifconditions for
reinstallation are met
Section 71 and 72 prohibit
damage to District facilities,
real property and personal
property and provide specific
actions the District may take
in connection with each
different type ofdamage.
These Sections also provide
procedures for investigating a
violation and for the
imposition and enforcement of
administrative fines,ifneded
Section 71 and 72 prohibit
unauthorized connections to
District facilities and provide
specific actions the District
may take.These Sections also
provide procedures for
investigating a violation and
for the imposition and
enforcement ofadministrative
fines,ifneded
Other updates to the Code ofOrdinance to be implemented in Sections 70,71,72 and 73 include
definitions (including definition of damages,district services,district facilities,district property,
and other useful definitions),a list of certain specifically prohibited practices that have been
encountered by the District on occasion,consolidated provisions for notifying responsible parties
of the existence ofa violation,procedures for the District to investigate the violation,procedures
for the District to recover costs and damages in connection with a violation and procedures for
the District to avail itself of other remedies,such as termination,reduction or suspension of
service,removal or locking of meters,administrative fines or,if applicable,civil or criminal
prosecution.
The staff has also included a provision pursuant to which the District will be able to require
owners ofparcels receiving service through a tenant account to take responsibility for the service
if service to the parcel is terminated three (3)times within any twenty-four (24)month period or
if the tenant fails to comply with payment arrangements four (4)times,whether or not the failure
results in termination ofservice.
In response to comments regarding the accessibility of the Code of Ordinance,the District also
decided to update the Table of Contents to refer to the four major sections of the Code of
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Ordinance as "Articles"instead of "DivIsions."If this semantic proposed revision is approved,
the references in several sections of the Code ofOrdinance and one or two eXIstmg policies will
be updated concurrently with any other approved changes to the Code.
The Staff and the General Counsel recommend that the Board adopt revisions to,or repeal,
Sections 22.01, 22.03,24.01, 24.02,24.03, 26.02,26.07,33.01, 33.05,33.07,33.08,35.01,
35.02,51.01,51.04 and 51.05,and conforming revisions to the Table of Contents of the Code of
Ordinance,all as set forth on the attachments to Ordinance 519.
FISCAL IMPACT:
None at this time.
LEGAL IMPACT:
None at this time.
COMMITTEE ACTION:
See Attachment A.
~o~
Attachment A.Summary ofCommittee's Recommendation
Attachment B:Ordinance 519,with the following attachments:
-Attachment 1-DivisIOn IV,Sections 70, 71,72 and 73 ofCode of Ordinance,new
Attachment 2 -Section 22 of Code ofOrdinance,marked
Attachment 3 -Section 24 ofCode ofOrdinance,marked
Attachment 4 -Section 26 ofCode of Ordinance,marked
Attachment 5 -Section 33 ofCode of Ordinance,marked
Attachment 6 -Section 35 ofCode of Ordinance,marked
Attachment 7 -Section 51 ofCode of Ordinance,marked
Attachment 8 -Table ofContents,marked
4
ATTACHMENT A
Summary of Committee's Recommendation
Re-Codification of certain Code of Ordinance Provisions
Regarding Prohibited or Unauthorized Activities,Protection
SUBJECTIPROJECT:of District Facilities and Enforcement of District Ordinances
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed
this item at a meeting held on January 19,2010 and the
following comments were made:
•Staff is proposing amendments to,and re-codification of
certain provisions of the District's Code of Ordinances.
•The proposed changes were precipitated by the
identification of an illegal connection.The provisions
concerning illegal connections,such as penalties,
prohibited use of District facilities,prohibiting
tampering and other unauthorized or illegal practices,
were scattered throughout different areas of the Code and
were difficult to locate.
•Amendments to the Code will consolidate the above
provisions (administrative fines and penalties,
procedures for disconnection or reconnection of services,
prohibiting the use of District facilities with the
District's consent,prohibiting tampering and other
unauthorized or illegal practices)into a new article of
the Code of Ordinances entitled,"Article IV -Prohibited
Activities;Remedies and Enforcement."The change will
assist in the consistency of the administration of
penalties and will provide more efficiency in locating
applicable fines within the Code.
•The Code's "Table of Contents"was also revised to refer
to the four major sections of the Code as "Articles"
instead of "Divisions."Such references in the Code will
be updated concurrently with any other approved changes
to the Code.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board on the consent
calendar.
6
ATTACHMENT B
To Staff Report
Ordinance 519 and Attachments thereto
See attached documents.
ORDINANCE NO.519
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE OTAY WATER DISTRICT ADOPTING
AND ADDING A NEW DIVISION TO THE CODE OF
ORDINANCE SPECIFYING PROHIBITED
ACTIVITIES IN RELATION TO THE DISTRICT'S
PROPERTY AND FACILITIES AND ITS WATER,
RECLAIMED WATER AND SEWER SYSTEMS,
ADOPTING PENALTIES,AND AUTHORIZING
RELATED ACTIONS
WHEREAS,the Otay Water District (District)has detennined that it is in the best
interest of the District and its customers to re-codify the provisions of its Code of
Ordinance (Code)specifying the remedies available to the District in connection with
violations ofthe Code or conditions ofservice or other prohibited,illegal or unauthorized
activities affecting the District's facilities,real property interests,or services,including
procedures for assessing actual damages,fines and penalties and for civil or criminal
remedies;and
WHEREAS,these provision are declaratory of existing laws,policies or District's
ordinances and administrative procedures and the District wishes to amend and expand
such provisions and to re-codify them into a new section of the Code to be known as
"Article IV -Prohibited Activities,Remedies and Enforcement,"a copy of which is set
forth on Attachment 1 hereto and incorporated herein by reference;and
WHEREAS,Section 53069.6 of the Government Code of the State of California
(the "Government Code")authorizes and requires local agencies,including the District,
to take all practical and reasonable steps to recover costs,expenses and civil damages for
the negligent,willful,or unlawful damaging or taking of property of the District,
including the institution ofappropriate legal action;and
WHEREAS,the persisting water shortage conditions within the State of
California have resulted in reductions in the available amount of potable water within the
San Diego area;and
WHEREAS,the District's principal supplier of water,the San Diego County
Water Authority (CWA),has informed the District that it anticipates requiring the agency
members to implement higher levels of conservation measures in accordance with the
provisions of any conservation ordinances adopted by said agencies and has requested
that each agency provide evidence of its ability to implement and enforce the
conservation measures;and
WHEREAS,Section 53069.4 of the Government Code specifies procedures to be
used in connection with imposing and levying certain administrative fines and such
provisions have been incorporated into the fines and penalties provisions ofthe proposed
Enforcement Provisions to the extent practicable and necessary;and
WHEREAS,in response to the water shortage conditions the District has
previously adopted Section 39 of the Code to provide measures and procedures to
preserve available water supplies by requiring conservation and adopting water pricing
structures that reflect the importance ofsuch conservation efforts and Article IV contains
language that would assist the District in enforcing the provisions ofSection 39;and
WHEREAS,to avoid inconsistency or confusion,it is in the District's best
interest to repeal existing Code Sections 24.02,24.03,33.08,35.01,and 35.02 concerning
prohibited water connections and uses and existing Code Sections 51.04 and 51.05
concerning prohibited sewer connections and uses;and
WHEREAS,it is also in the District's best interest to amend,revise and re-adopt
existing Code Sections 22,24, 26,33,35 and 51,and the Table ofContents of the Code
ofOrdinance,all as provided herein;and
WHEREAS,the provisions of Aliicle IV are declaratory of existing law and
policy and are not a waiver or limitation of any right or remedy available to the District at
law or equity.
NOW,THEREFORE,BE IT RESOLVED,DETERMINED AND ORDERED by
the Board ofDirectors of the Otay Water District as follows:
Section 1.Declaration of Policy.The Board of Directors has established and
from time to time will continue to revise or adopt comprehensive provisions to provide
water,recycled water and sewer services to its customers,including permitting
requirements,procedures for connecting to and disconnecting from the District facilities,
procedures for applying for service and payment of bills,conservation measures and all
procedures deemed necessary and desirable in connection with the operation of the
District.The Board of Directors declares that this Ordinance is only intended to amend,
update,revise and re-codify provisions of this Code providing for prohibited or
unauthorized activities,notice and procedure,and remedies and enforcement to protect
the District's systems,facilities and property and the public health and safety.
Section 2.CEQA Exemption.This Board finds that this Ordinance is ministerial
in nature and therefore exempt from the California Environmental Quality Act pursuant
to Section 21 080(a)(1)and the California Environmental Quality Act Guidelines Section
15268.The General Manager is hereby authorized and directed to file,or cause to be
filed,a notice ofexemption as soon as possible after the adoption ofthis Ordinance.
Section 3.Adopt Article IV.This Board hereby adopts,Attachment 1 hereto
which is codified and incorporated as Article IV of the Code of Ordinance,commencing
with Section 70.
Section 4.Amend and Replace Certain Existing Code Provisions.Code Section
22 is hereby amended as show on Attachment 2 hereto.Code Section 24 is hereby
amended as shown on Attachment 3 hereto.Code Section 26 is hereby amended as show
on Attachment 4 hereto.Code Section 33 is hereby amended as show on Attachment 5
hereto.Code Section 35 is hereby repealed as shown on Attachment 6 hereto.Code
Section 51 is hereby amended as shown on Attachment 7 hereto.The Table of Content
2
ofthe Code of Ordinance is hereby amended as shown on Attachment 8 hereto to ret1ect
the revisions to the Code authorized under this Ordinance.This Board finds that such
amendments are necessary to avoid inconsistency and duplication.
Section 5.Repeal and Replace Certain Existing Code Provisions.Sub-Sections
24.02,24.03,33.08,35.01,35.02 and 51.04 of Article II ofthe Code are hereby repealed.
Code Section 35 of Article II of the Code is hereby REPEALED and RESERVED in its
entirety.The existing language of each repealed section shall be deleted from the Code
of Ordinance and replaced with the word "(RESERVED)".This Board finds that these
actions are necessary to avoid inconsistency and duplication.
Section 6.Authorization.The General Manager and each designated
representative is hereby authorized and directed to implement the purpose of this
Ordinance to the fullest extent,including the preparation of written procedures to the
extent deemed necessary and desirable to enforce,clarify or explain the provisions ofthis
Ordinance.The District Secretary is hereby ordered to take any actions within her
purview to carry out the provisions of this ordinance,including,to the extent practicable
and necessary,revising the Table of Contents of the Code of Ordinance,replacing or
substituting all Code Sections herein adopted,amended,replaced or repealed and
recalling and replacing any and all hard-copies of the Code previously provided to
District staff,other public agencies or any other persons.
Section 7.Effective Date.This Ordinance and the amendments to the Code of
Ordinance herein provided shall become effective upon adoption hereof.
PASSED,APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this th day of 2010.
President ofthe Board of Directors
ATTEST:
Secretary to the Board ofDirectors
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ATTACHMENT 1 TO ORDINANCE 519
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ARTICLE IV
Attachment 1 to Ordinance 519
PROHIBITED ACTIVITIES;REMEDIES AND ENFORCEMENT
Statement of purpose;Findings.Under existing law,state and local agencies engage
in water resource planning,protection and conservation.This Article condenses and clarifies
the enforcement mechanisms for violations of this Code of Ordinance and the activities that
are prohibited in connection with the District's services,property,facilities and systems.
The Board of Directors finds that the enforcement of this Code and the protection of
the District's property and facilities is an important public service and is vital to the protection
of the public's health,safety and quality oflife.The procedures herein are in addition to any
other procedures or legal remedies available to the District.
No limitation on Authority.The Board of Directors has determined that there is a
need to use a combination of administrative and other remedies to gain compliance.This
Article is not intended,nor shall it be interpreted,to limit or amend any discretionary power
or right of the District under any other provision of this Code,federal,state or local law,
policy or practice.
CHAPTER 1 GENERAL PROVISIONS
SECTION 70.DEFINITIONS
70.01 REFERENCE TO ARTICLE
This Article of the Code of Ordinances shall be known as the "Prohibited Activities,
Remedies and Enforcement Article"and is sometimes referred to as the "prohibited activities"
or "enforcement"provisions.
70.02 DEFINITIONS
As used in this Article,the following words have the meaning set forth below:
"Assessor's office"means the office of the San Diego County
Assessor/Recorder/County Clerk or any successor office established by the County of San
Diego to maintain records ofparcel ownership.
"Benefiting"means to receive or use a service on a parcel owned,used,leased,
developed or occupied by or for the person to whom the benefit is imputed.
"Damages"or "actual damages"means any cost or expense (including staff time,
inspection,testing,permitting,attorneys fees and other consultant fees and costs)incurred by
the District in connection with a violation,including without limitation costs or expenses
relating to:investigating the violation;redesigning,removing,repairing or replacing any
facilities or systems;removing,destroying and disposing of any equipment or material used
for the violation;cleaning-up any resulting pollution or contamination;completing and filing
appropriate reports and notices;payment of penalties,fees,damages,fines or other amounts
charged by any governmental or regulatory agency,and any related costs including litigation
or settlement ofany action against the District.
70-1 Adopted _/_/_
"District facilities"or "District systems"or "system"means and refers to any and all
pipelines,reservoirs and appurtenant facilities comprising the District's potable water system,
sewer system,recycled water system,laboratories,offices,pumps,equipment and engines.
"District property"means rights-of-way,easements,real property owned in fee
simple,occupied or leased by the District,licenses,fixed and mobile equipment owned,
occupied or operated by the District,and all District facilities.
"District service"or "service"means the furnishing of water,sewer,fire protection,
recycled water or any other service the District provides to its customers.
"Divert"means to change,alter,or affect the course or path ofany District service.
"Parcel"means any real property located within the District.
"Re-connection"means the commencement of service to a customer or other person
after such service has been reduced,suspended or terminated.
"Reduction of service"means installing a device that limits the flow of water or
availability of service to a parcel,person or location to a minimum amount required by law or
determined by the District.
"Recycled water system"means the recycled water system operated by the District
under applicable law,including applicable provisions of this Code,the California Water
Code,commencing with Section 13520,the California Code of Regulations,Title 17,
Division 1 and Title 22,and Water Agency Standards.
"Responsible party"means a person receiving or benefiting from service or any
person who violates any provision of this Code or engages in a prohibited activity.
Responsible party also means the owner or manager of a parcel,business or property
benefiting from any service.
"Suspension ofservice"means installing a lock temporarily on the meter.
"Tamper"or "tampering"means to activate,injure,damage,block,interfere with,
rearrange,contaminate,pollute,or in any form altering any District service,property or
system without express consent ofthe District.
"Tenant"means a person or business lawfully occupying,controlling or using a parcel
owned by another person.
"Termination of service"means removing the meter or disconnecting service facilities.
"Unauthorized connections"means connecting or reconnecting to,diverting,using or
benefiting from,any District service without the prior written consent of the District or
without compliance with the conditions ofany such consent.
70-2 Adopted _/_/_
"Vandalizing"means to deface,discolor,graffiti,paint,trash,invade,damage,disable,
shut off or destroy any portion of any District service,facilities or property.
"Violation"means any failure to comply with any provision of this Code;or engaging
in any prohibited activity with respect to District services,facilities,property,or rights-of-
way.Each day during which a violation commences or continues shall constitute a separate
violation.
"Willful violation"means repeating or continuing a violation after notice;or any first
time violation relating to a voluntary,knowing and purposeful act or omission.
II
70-3 Adopted _/_/_
SECTION 71.VIOLATIONS;PROHIBITED ACTIVITIES
In addition to the prohibited practices described in any other sections of this Code or by
law,all persons and entities are specifically prohibited from doing,or aiding or abetting any
person in,any ofthe following:
A.Installing or benefiting from any unauthorized connection to any District system;
B.Refusing or failing to pay for services,in full,when bills are due;
C.Entering,improving,purchasing,trading,selling,borrowing,using or otherwise
benefiting from any District property or service without authorization from the District or
without following authorized procedure;
D.Vandalizing,tampering with,or threatening any portion of the District systems,
services,facilities or property,including but not limited to taking any action to prevent any meter
or other equipment device from accurately performing its function;
E.Failing or refusing to install,maintain in good repair and working condition,or
test any portion of any facilities required by the District in connection with a service,including
any safety or prevention device or any measuring device;
F.Knowingly permitting leaks or other wastes ofwater or recycled water or leaks or
spills of sewage or other discharge;
G.Preventing District staff from accessing any facilities connected to a service,
including but not limited to meters located on private property,or in any manner threatening or
interfering with any District staff performing his or her duties;
H.Using or allowing the use of service for more than one parcel through one meter
(except for master meters approved by the General Manager under Section 24.01)or supplying,
reselling,using or permitting the use of any service by any other parcel,except as permitted
under Section 27.04 ofthis Code or in writing by the District;
1.Using or permitting the use of any District service for property outside the
boundaries of an improvement district or not subject to District taxes,without prior written
consent ofthe District;
1.Using or attempting to use or connect to any fire hydrant within the District
without proper authorization as required by Section 24.04 ofthis Code;or
K.Violating or refusing to comply with any condition of service under this Code or
with any law or regulation applicable to the use of any such service;including violating any
conditions of any pennit required for service or to regulate waste,such as a waste discharge
permit under Sections 26 or 52 ofthe Code,or failing or refusing to obtain,maintain or comply
with any required permit.
71-1 Adopted _/_/_
CHAPTER 2 DISTRICT REMEDIES
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)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,including but 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,ifnecessary,to recover civil damages for the negligent,willful,or unlawful damaging or
taking ofproperty ofthe District.
D.Assessment ofDamages.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
tetmination of service,as provided in the paragraph below,in Section 34 of this Code or
pursuant to other provisions ofthis Code or applicable law.In addition,ifbills remain unpaid,in
full or in part,the District may lien the delinquent real propetiy and may assess damages and
penalties established by District or otherwise authorized by law.
F.Notice ofViolation.Notice and a reasonable period oftime 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.
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 ifthe violation continues.
72-1 Adopted _1_1_
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
ofthe 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 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 will be the responsibility ofthe responsible patiy.
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.Furthelmore,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 ofthe public, the
District may suspend,reduce or terminate service to the extent permitted by law.
G.Service Termination,Suspension or Reductio~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.Tennination,suspension or reduction of service
will be as follows:
1.Notice Prior to Termination,Suspension or Reduction of Service.Except
as provided in Paragraph F,above,or in other provisions of this Code or applicable law,not less
than ten (l0)days notice will be given prior to the date service is reduced,suspended or
terminated;provided that,where service is tClminated due to failure to comply with the tenns 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 ofrecord
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 tennination of water service,the provisions ofSection 603 73 ofthe 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.Reconnection or Reinstatement of Service,Unlocking or Reinstalling Meters.If
service is reduced,suspended or terminated for any reason,each of the following conditions
72-2 Adopted _/_/_
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,servlcmg,repair or
replacement ofmeters or other facilities required for service,must be paid at the rates in effect at
the time ofreinstatement,as set forth on Appendix A to this Code or other schedule offees 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.
1.Owner Responsibility for Account.Owners may be required to deliver to the
District a form of acknowledgement or authorization for service to a tenant.In addition,if a
tenant engages in any violation or if the District has reduced,suspended or terminated any
service to a tenant three (3)times within any twenty-four (24)month period or the tenant has
fails or refuses to comply with the tenns 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.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.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 72.05,or pursuing other available civil or
criminal remedies.
72.02 CERTAIN SPECIFIC OPERATIONAL VIOLATIONS
A.Unauthorized Connections.The District shall bear no cost or liability for any
unauthorized connection.In addition to other remedies,the District may demand that the
unauthorized connection be immediately disconnected.In the alternative,or if the customer
refuses to take immediate action,the District may immediately disconnect,remove,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,
72-3 Adopted _1_1_
immediately or as otherwise deemed advisable by 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 conective action after notice of any leaks or water
waste is given.Ifthe District determines that water waste is occuning,the District may:
1.Without prior notice,repair or replace any District controlled facilities,at
the cost of the person identified as the responsible party,if any.
2.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,the District may perforn1 the repair or replacement at the cost of the
customer or may tenninate service without further notice.
C.Meter Tampering In addition to other remedies,tampering may be prosecuted as
a crime under Section 499 of the California Penal Code,as set forth in Section 73.01 of this
Code.
D.Fire Service ViolatioI!.Such 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 steep fines and may be prosecuted as crimes.
E.Backflow prevention,-screens _and other safety devices.If service requirements
include the installation,testing and maintenance of backtlow 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 ofthe 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 ofthis Code.
F.Violation Concerning Recycl~d WateG~rvice.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 ofthis
Code,the Water Code or the Penal Code.
G.Violation Concerning Sewer Service.In addition to any other remedy,fine or
penalty,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
72-4 Adopted _/_/_
and 22,and Water Agency Standards.Furthermore,may be prosecuted as set forth in Section
73.01 ofthis Code.
72.03 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 tenninate service to any parcel
immediately and without further notice ifthe violation involves or results in water waste.
3.Willful violations of mandatory conservation measures described in
Section 39 of this Code may be enforced by tenninating service to the property at which
the violation occurs,as provided by Section 356 ofthe California Water Code.
B.Prosecution for violatiops oLconseEYJ:!Jjon ITI~asures.Pursuant to Section 377 and
71644 of the California Water Code,each violation ofthe 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
Section 72.05,below.
72.04 VIOLATIONS INVOLVING DISTRICT REAL PROPERTY
A.Removal.Disposition and .,Co§ts.The District has absolute discretion to
determine the corrective action required in connection with any violation involving District
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 ofway 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 cf any right to access,improve or use the District's
property.Only written evidence in the fon11 ofan agreement,deed,statute,recorded or official
map or plat,governmental regulation or other right may be used to establish such claim ofright.
72-5 Adopted _/_/_
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.No notic~.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 72.05.
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 on
the notice.
72.05 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 offines 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.
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 ofan administrative Type I fine,added to account.
B..£\ssessment of Fines fQI.TeQ.hnical_Yj.Q1JltiQ...I!~LOf 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.
C.Assessment of 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 HI fine,at the option of the District,for a violation
concerning sewer service;
72-6 Adopted_/_/_
3.Up to Type II or Type IV fine,at the option ofthe District,for a viol ation
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 propeliy 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.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 types offines based on the nature ofthe 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
California Government Code,Section 36900(B)or Appendix A for a first,second,third
or each additional violation ofthat 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 illegal connections or water theft.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 Section 5411 of the Health and Safety Code,
any person who without a discharge pemlit,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 Section 116820 ofthe 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 vi.olation is identitied OT continues.
E.Collection ofFines.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.Notice of Adminjstrative .Fine;Content.Notice of an administrative fine 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)the amount of civil penalty assessed;(vi)a statement of the procedure for payment
and the consequences of failure to pay;(vii)contact information for the District employee that
72-7 Adopted _1_1_
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 evaluation.
G.Option to Request Board Consideration.Persons receiving a Notice of
Administrative Fine may request Board consideration.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 infomlation,an explanation of the basis for the
request and any supporting documentation said persons wish to provide to the Board for review
and consideration.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.
AnY.fines assessed pursuant to the Notice ofAdministrative Fines must be timely paid
notwithstanding the filing ofa requestfor Board review.
At the time of Board consideration,the petitioner may present witnesses, documents or
other evidence to show good cause why the fine should not be imposed.In accordance with the
provisions of Government Code Section 53069.4,the Board's detennination shall be final and
conclusive,and shall be deemed confirmed,if not appealed within 20 calendar days to the
Superior Court ofthe County ofSan Diego.
72-8 Adopted _/_/_
SECTION 73.ADDITIONAL DISTRICT REMEDIES
Each day during which a violation commences or continues shall constitute a separate
violation which may be so prosecuted.In addition to,or on lieu of any damages,fines or other
remedies provided in any other section ofthis Code,at the District's sole and absolute discretion,
the District may enforce any other remedies available to it in law or equity.
73.01 OTHER REMEDIES OF DISTRICT
A.Collectiotl of Unp.1lid Bills on Tax Roll.Pursuant to the provisions of the Health
and Safety Code,commencing with Section 5470,the District may cause delinquent charges for
services to be collected on the tax roll in the same manner as its general taxes.
B.Costs ofSuit.Any person who violates any provision ofthis Code of Ordinance
~hall be liable for costs of any civil suit required to enforce the District's rights,including but not
limited to reasonable attorney's fees in accordance with Civil Code Section 1882.2.The
provisions of Civil Code Section 1882 et seq.are incorporated herein by reference.This Article
shall be interpreted so as to be consistent with Civil Code Sections 1882 et seq.
C.Reward.In accordance with Government Code Section 53069.5,the District may
offer and pay a reward,in an amount detennined by the District,for infonnation leading to the
detennination of the identity of,and the apprehension of,any person whose willful misconduct
results in injury or death to any person or who willfully damages or destroys any property ofthe
District or any property of any other local agency or state or federal agency located within the
boundaries of the District.The person who has willfully damaged or destroyed such property
shall be liable for the amount ofany reward paid pursuant to this section.
D.Parental liability for Act~L..9f Mjn01':'3..If a violation is due to the acts of a minor
child,the minor and his or her parents or guardians,as applicable,shall be jointly and severally
liable to the maximum extent allowed by law,including parental liability pursuant to Section
1714.1 ofthe California Code ofCivil Procedure,as hereafter amended or renumbered.
E.Backflow testing;Prosecution.A person is guilty of a misdemeanor in
connection with the violation of any provision of the California Code of Regulations concerning
backflow testing,including non-compliance with any order to test,knowingly filing a false
statement or report concerning any inforn1ation required by the District or failure to use a person
qualified to conduct the testing.Such misdemeanor is punishable by a fine of up to $500 or by
imprisonment not exceeding 30 days.Each day of a violation is a separate offense.
F.Sewer S§'rY.ice YiQlatio!l~ro~cl~jioIl.Pursuant to Section 71689.27 ofthe Water
Code ofthe State of California,upon conviction of a violation of any ordinance or provision of
this Code concerning the sewer system the person shall be punished by being imprisoned in the
county jail.
G.Theft of Utility Services,Water or Waterworks;Prosecution.Pursuant to
Sections 498,624 and 625 of the Penal Code ofthe State of California,theft ofDistrict facilities
or theft ofwater or other utility services,including theft through unauthorized connections,may
be prosecuted as a crime.
Ii:Ii
73-1 Adopted _/_/_
H.Prosecution of Code Violations.The District may,at its option,prosecute or
cause to be prosecuted any violation of this Code of Ordinance or any other Ordinance of the
District as a misdemeanor,pursuant to Section 71600 ofthe California Water Code.
I.Receipt or Purchase of Stolen Property;Prosecution.Pursuant to Section 496a of
the Penal Code ofthe State of California,purchase or receipt of stolen property belonging to the
water system,may be prosecuted as a crime.
J.Junk Dealers and Recyclers;Remedies.To the extent provided by law,including
the provisions of AB844,approved by the Governor and chaptered in September of 2008,the
District will pursue remedies available through or against any junk dealer or recycler that
purchases any District property without prior written authorization from District.
73.02 NOTICE TO DISTRICT CONCERNING VIOLATIONS
Any person noticing or discovering an unauthorized connection to the District's sewer,
water or recycled water system from a parcel owned or occupied by such person must notify the
District immediately.Ifthe unauthorized connection affects a parcel owned by the person,he or
she must remove the unauthorized connection immediately and must notify the District.If the
person rents or leases the affected parcel,the person shall provide the District the name and
contact information ofthe owner ofthe parcel.
73.03 SEVERABILITY
If any portion of any chapter,section,subsection,paragraph,sentence,clause,or phrase
of this Article is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct,independent and severable
provision and such holding shall not afIect the validity ofthe remaining portions hereof.
73-2 Adopted _/_/_
ATTACHMENT 2 TO ORDINANCE 519
Attachment 2 to Ordinance 519
SECTION 22 DISTRICT WATER SYSTEMS
22.01 CONTROL AND OPERATION OF SYSTEMS•."~-.-~-._.---,.------
All District water systems and appurtenances thereto shall be
under the management and control of the General Manager.The District
system shall include all piping components and appurtenances,~=t~
~99=inQluding the water meter.No person,other than an employee or
agent of the District,shall have any right to operate any part of a
District water distribution system.Any or any oth_er:_,.~t§_tri~~~
t~Qilit}G As~rovig~d in Divisio~IVL any person who tampers or
interferes with any part or component of said systemthe DistrictE;..
syst~msQ:r~La..£tliti~,~,or cavses or permits any such act-Gf tamper-i-ng-
Gr----i-n-t-e--r:-f-e-r-i-H-g--wi-t-a--t-Be-B¥S-t-em,shall be I iable:r-ef:3pollf:3_~.RJ_~for any
injvry or damage caused thereby or resulting therefrom.In additi~
-t-he-~General Manager is authorized to impose a charge of $5,000 per
occu:rreHce on an?1~person or company who operates any part of the
~rict water system without proper authorization.
22.02 INSTALLATION OR REMOVAL OF METERS
Installation or removal of water meters and connection to and
disconnection from a District water system shall be made only by
district employees.
22.03 TURN-ON OR TURN-OFF OF WATER SERVICE
Except as otherwise specifically authorized by the General
Manager,only District employees shall be permitted to turn water on
Qr off at any connection or valve of a District water system or to
operate any device that will regulate the flow of water within the
system.Everything beyond themeterj including the ball valve,
belongs to the customer and the customer has the responsibility to
g.perate and maintain the system from there':['11~,_gBg,tSml-~:;t;',.9.~n_~~:r1<l_j_f:3__~
solely .resP()IlSi lJl~c;tQJ:__th.e_iPElt::Ci11~t.i911,=il}$E~St::j~QD",~E,~_ple:tS§lTI~l)t",..
maintenance and revai:r of any pipeEl oroth~:(=:t:ctc:'~1j.t.J~E3iIlstCil1~dfxom
the meter,including the ball valve,to and.Cir()1.lrlcithepr:o'p~rty.
22.04 INSPECTION OF CUSTOMER PREMISES
Authorized District personnel shall have unrestricted access at
reasonable hours to all premises to which the District is furnishing
water in order to inspect the supply system,meters,or measuring
devices,and to determine whether the customer is complying with the
rules,regulations and ordinances of the District concerning the
taking,using or wasting water.
ATTACHMENT 3 TO ORDINANCE 519
Attachment 3 to Ordinance 519
SECTION 24PROHIBITED PR2\CTICESSgCTION24CERTAINmBERVTCELTMITATIQNS
24.01NON-SERVICE AREAS
A.Except as provided in Section 25 of this Code,no customer may
use or permit the use of water:
1.for any property other than that described in the application for
service;
2.for any property outside of the boundaries of an improvement
district;or
3.for property outside the boundaries of the District.
B.Water service shall not be supplied to more than one parcel ef
land through one meter,except for master meters when approved by the
General Manager.A "parcel"shall be deemed to mean land or property
identified as a parcel by the County Tax Assessor.
24 .02LK\KS OR t'flASTE OF \AlATER-{RESERVEDl
"No customer shall Jmmvingly pe:~-±eaJcs or other wastes of 'vv'ater.
24.03RESIILE OF tfJA'l'ER.LRESERVEDlo
No customer may ~-esell -afPy"-i30E-t-ioo.-ef-the ,"vater furflished by the
Distriet except as may be permitted under SectioR-27.06 -ef this Code.
24.04FIRE HYDRANTS BRAND.CERTAIU OTHER BISTRIFr FACILITIES
A.No person may withdraw water from any fire hydrant,blow-off
valve,or other connection to the facilities of this District,unless an
agreement has been entered into with the District for such withdrawal.
Such agreement shall provide that all withdrawals shall be made through a
meter.
B.The provisions of paragraph A shall not apply to withdrawals of
water made from fire hydrants or other facilities for fire department
purposes or to withdrawals made by other governmental agencies with prior
District approval.
ATTACHMENT 4 TO ORDINANCE 519
Attachment 4 to Ordinance 519
SECTION 26 WATER RECYCLING PLAN AND IMPLEMENTING PROCEDURES
26.01 FINDINGS
The state policies regarding use of recycled water are
in the best interest of the Otay Water District.The
majority of jurisdictions in San Diego County have adopted
measures to promote water reclamation.This ordinance is
necessary to protect the common water supply of the region
which is vital to public health and safety,and to prevent
endangerment of public and private property.
San Diego County is highly dependent on limited imported
water for domestic,agricultural and industrial uses.The
reliability of the supply of imported water is uncertain.
By developing and utilizing recycled water,the need for
additional imported water can be reduced.In light of these
circumstances,certain uses of potable water may be
considered unreasonable or to constitute a nuisance where
recycled water is available.
26.02
A.
USE OF RECYCLED WATER
District Policy:It is the policy of the Dis-
trict that recycled water shall be used within the
jurisdiction wherever its use is financially and
technically feasible,and consistent with legal
requirements,preservation of public health,
safety and welfare,and the environment.
A customer's recycled water service must at all
time be in compliance with any requirements of
servjce.including but not Ijmited to the /
requirements establjshed under thjs Section 26.
the Djstrict's Rules and Regulations for Recycled
Water Use.the California Water Code.commencing
with Section 13520.the California Health and
Safety Code.Section 116555.the California Code
of Regulations.Titles 17 and 22.and Water Agency
Standards.
Formatted:Indent:Left:
0",Hanging:1",Tabs:
OS',Left
B.Required Use for Greenbelt Purposes:Pursuant to
Section 13550 of the California Water Code,no
customer of the District shall make,cause,use or
permit the use of potable water supplied by the
District for greenbelt uses,including,but not
limited to,cemeteries,golf courses,parks and
highway landscaped areas,when,following notice
and a hearing,the District finds that recycled
water is available for such greenbelt uses and
that the following conditions are met:
26-1
Attachment 4 to Ordinance 519
1.the recycled water lS of adequate quality;
2.the recycled water may be furnished to such
areas at a reasonable cost,comparable to or
less than the cost of supplying potable
domestic water;
3.the State Department of Health Services has
determined that such use would not be detri-
mental to public health;and
4.the use of recycled water will not adversely
affect downstream water rights,will not
degrade water quality.
The findings may include terms and conditions
under which recycled water shall be used.In
addition,the District may assist the customer in
obtaining any permits or approvals required for
the use of recycled water.
26.03 DEFINITIONS
The following terms are defined for purposes of this
ordinance:
A.Agricultural Purooses:Agricultural purposes
include the growing of field and nursery crops,
row crops,trees,and vines and the feeding of
fowl and livestock.
B.Artificial Lake:A human-made lake,pond,lagoon,
or other body of water that is used wholly or
partly for landscape,scenic or noncontact recre-
ational purposes.
C.Commercial Office Buildina:Any building for
office or commercial uses with water requirements
which include,but are not limited to,landscape
irrigation,toilets,urinals and decorative foun-
tains.
D.Recycled Water Distribution System:A piping
system intended for the delivery of recycled water
separate from and in addition to the potable water
distribution system.
E.Greenbelt Areas:A greenbelt area includes,but
is not limited to golf courses,cemeteries,parks
and landscaping.
F.Industrial Process Water:Water used by any
industrial facility with process water require-
ments which include,but are not limited to,rins-
26-2
Attachment 4 to Ordinance 519
ing,washing,cooling and circulation,or con-
struction,including any facility regulated for
industrial waste or other objectionable discharge
under District Code of Ordinances Sections 52.04,
52.05 and 52.06.
G.Off-Site Facilities:Water facilities from the
source of supply to the point of connection with
the on-site facilities,normally up to and includ-
ing the water meter.
H.On-Site Facilities:Water facilities under the
control of the owner normally downstream from the
water meter.
I.Potable Water:Water which conforms to the fed-
eral,state and local standards for human consump-
tion.
J.Recycled Water:Recycled water means water which,
as a result of treatment,is suitable for a direct
beneficial use or controlled use that would not
otherwise occur.(See Water Code Section
13050 (n).)
K.Recycled Water Use Permit:A recycled water
permit means a permit issued by the District
approving and conditioning recycled water service
for a particular site.
L.Site SUQervisor:A person responsible for the
safe and efficient installation,operation and
maintenance of a recycled water use site,
including but not limited to compliance with all
applicable permits,enforcement of the recycled
water producer's rules and regulations and the
prevention of potential hazards,such as cross-
connections.The Site Supervisor must be
certified by the San Diego County Water Authority
as a Recycled Water Site Supervisor and must have
evidence of valid certification at all times while
acting as Site Supervisor.
M.TemQorary Recycled Water Use Permit:Temporary
recycled water use permit means a permit issued by
the District,at its discretion,to allow
temporary use of recycled water pending issuance
of a recycled water use permit or pending renewal
of such permit following suspension or termination
due to a violation of the provisions of this
Section.
N.Waste Discharge:Waste Discharge means water
deposited,released or discharged into a sewer
26-3
26.04
A.
B.
Attachment 4 to Ordinance 519
system from any commercial,industrial or residen-
tial source which contains levels of any substance
or substances which may cause substantial harm to
any water treatment or reclamation facility or
which may prevent any use of reclaimed water
authorized by law.
WATER RECLAMATION MASTER PLAN
General:The General Manager shall prepare and
adopt a Water Recycling Master Plan to define,
encourage,and develop the use of recycled water
within the District's boundaries.The Master Plan
shall be updated not less often than every five
years.
Contents of the Water Recycling Master Plan:The
Master Plan shall include,but not be limited to,
the following:
1.Plants and Facilities.Evaluation of the
location and size of present and future
recycling treatment plants,distribution
pipelines,pump stations,reservoirs,and
other related facilities,including cost
estimates and potential financing methods.
2.Recycled Water Service Areas.A designation,
based on the criteria set forth in Section
26.02 and the information derived from
Section 26.04B.1.and this Section 26.04B.2.
of the areas within the District that can or
may in the future use recycled water in lieu
of potable water.Recycled water uses may
include,but are not limited to,the irriga-
tion of greenbelt and agricultural areas,
filling of artificial lakes,and appropriate
industrial and commercial uses.
3.Designate Tributary Areas.For each water
reclamation facility identified in the Master
Plan,designate proposed tributary areas.
Within such areas,discharges to the sewage
system shall be subject to permitting,moni-
toring and control measures to protect public
health,safety and public and private prop-
erty.Designation of tributary areas shall
be adopted by ordinances,and may be included
in the Master Plan.Prior to designation of
tributary areas,appropriate notice shall be
given to property owners and residents of the
area.
26-4
Attachment 4 to Ordinance 519
4.Ouality of Water to be Recycled.For each
water reclamation treatment facility,evalu-
ate water quality with respect to the effect
on anticipated uses of recycled water to be
served by each treatment facility.Evaluate
sources of waste discharge and sewer inflow
that may,directly or cumulatively,substan-
tially contribute to adverse water quality
conditions in recycled water.
5.Tributary Protection Measures.Develop rec-
ommended control measures and management
practices for each designated tributary area
to maintain or improve the quality of
recycled water.Such control measures may
include capital improvements to the sewer
collection system and waste discharge
restrictions for industrial,commercial and
residential discharges.
6.Mandatory Recycled Water Use.For each
recycled water service area,evaluate whether
greenbelt irrigation,agricultural
irrigation,commercial office buildings,
filling of artificial lakes,or industrial
processes shall be limited to the use of
recycled water.As appropriate,mandate
construction of recycled water distribution
systems or other facilities in new and exist-
ing developments for current or future
recycled water use as a condition of any
development approval or continued water ser-
vice if future reclamation facilities are
proposed in the Master Plan that could ade-
quately serve the development,in accordance
with the procedures described in Section
26.05.Identify resources and adopt measures
to assist water users in the financing of
necessary conversions.
7.Rules and Regulations for Recvcled Water Use.
Establish general rules and regulations
governing the use and distribution of
recycled water.
8.Public Awareness Program.Establish a com-
prehensive water reclamation public awareness
program.
9.Coordination Among Agencies.An examination
of the potential for initiating a coordinated
effort between the District and other
regional agencies to share in the production
and utilization of recycled water.
26-5
26.05
A.
Attachment 4 to Ordinance 519
PROCEDURES
Existing Potable Water Service.
1.Preliminary Determination.Based upon the
Master Plan,upon the designation of each
recycled water service area or the commence-
ment of the design of new recycled water
facilities,the General Manager shall make
preliminary determinations as to which exist-
ing potable water customers shall be con-
verted to the use of recycled water.Each
water customer shall be notified of the basis
for a determination that conversion to
recycled water service will be required,as
well as the proposed conditions and schedule
for conversion.
2.Notice.The notice of the preliminary deter-
mination,including the proposed conditions
and time schedule for compliance,and a
recycled water permit application shall be
sent to the water customer by certified mail.
3.Objections;Appeals.The water customer may
file a notice of objection with the District
within thirty (30)days after any notice of
determination to comply is delivered or
mailed to the customer,and may request
reconsideration of the determination or modi-
fication of the proposed conditions or sched-
ule for conversion.The objection must be in
writing and specify the reasons for the
objection.The preliminary determination
shall be final if the customer does not file
a timely objection.Staff (Engineering
Department)shall review the objection and
shall confirm,modify or abandon the prelimi-
nary determination.Upon issuance of a final
determination by Staff,customer may appeal
the determination upon written application to
the Board of Directors after the final deter-
mination made by the Staff.(Engineering
Department).
B.Development and Water Service Approvals.
1.Conditions.Upon application by a developer,
owner or water customer (herein referred to
as "applicant")for a tentative map,subdivi-
sion map,land use permit or other develop-
ment project as defined by Government Code
Section 65928 or for new or altered water
26-6
Attachment 4 to Ordinance 519
service,the District Staff shall review the
Master Plan and make a preliminary determina-
tion whether the current or proposed use of
the subject property is required to be served
with recycled water or to include facilities
designed to accommodate the use of recycled
water in the future.Based upon such deter-
mination,use of recycled water and provision
of recycled water distribution systems or
other facilities for the use of recycled
water,and application for a permit for such
use may be required a a condition of approval
of any such application,in addition to any
other conditions of approval for service.
2.Alterations and Remodeling.On a case-by-
case basis,upon application for a permit for
the alteration or remodeling of multifamily,
commercial or industrial structures
(including,for example,hotels),the Dis-
trict Staff shall review the Master Plan and
make a preliminary determination whether the
subject property shall be required to be
served with recycled water or to include
facilities designed to accommodate the use of
recycled water in the future.Based upon
such determination,use of recycled water and
provision of recycled water distribution
systems or other facilities for the use of
recycled water,and application for a permit
for such use,may be required as a condition
of approval of the application.
3.Notice of Determination.A notice of the
basis for the preliminary determination,
proposed conditions of approval and schedule
for compliance shall be provided to the
applicant prior to approval of the develop-
ment application or application for water
service.
4.Requested Service.On a case-by-case basis,
upon application for a permit to use recycled
water on a property not covered by Sections
26.05.A.1,26.05.B.1,or 26.05.B.2 above,the
General Manager shall review the Master Plan
and make a determination whether the subject
property shall be served with recycled water.
Based upon such deterffiinationdetermination,
the application for the permit shall be
accepted and processed subject to Section
26.05.C.
26-7
I
Attachment 4 to Ordinance 519
C.Recycled Water Permit Process.Upon a final
determination by the General Manager that a prop-
erty shall be served with recycled water,or
adoption of a condition of development approval or
water service requiring use or accommodation of
the use of recycled water,the water customer
owner or applicant shall obtain a recycled water
permit.
1.Permit Conditions.The permit shall specify
the design and operational requirements for
the applicant's water distribution facilities
and schedule for compliance,based on the
rules and regulations adopted pursuant to
Section 26.04.B and shall require compliance
with both the California Department of Health
Services Wastewater Recycling Criteria (see
California Code of Administrative Regula-
tions,Title 22),and requirements of the
Regional Water Quality Control Board.
2.Plan Approval.Plans for the recycled and
non-recycled water distribution systems for
the parcel shall be reviewed by the District
Engineer and a field inspection conducted
before the plans are approved.
3.Meter Permit Issuance.Upon completion of
construction and approval by the District and
the County Department of Environmental Health
the meter permit shall be issued.Recycled
water shall not be supplied to a property until
inspection by the District determines that the
applicant is in compliance with the permit
conditions.
4.Becycled Water Use Permit Issuanc~.If the site
has a certified Recycled Water Site Supervisor,
a Recycled Water Use Permit will be issued by
the District.If the site does not have a
certified Site Supervisor identified,a
Temporary Recycled Water Use Permit will be
issued,for up to 120 days,to allow the site
to receive recycled water while a proposed Site
Supervisor is being certified.
D.Temporary Use of Potable Water.At the discretion
of the General Manager,potable water may be made
available on a temporary basis,until recycled
water is available.Before the applicant receives
temporary potable water,a water reclamation per-
mit,as described in Section 26.05.C,must be
obtained for new on-site distribution facilities.
26-8
[Formatted:Underline =:J--------
(Formatted:Underline J
~tted:~o underlin~
E.
26.06
A.
B.
26.07
Attachment 4 to Ordinance 519
Prior to commencement of recycled water service,
an inspection of the on-site facilities will be
conducted to verify that the facilities have been
maintained and are in compliance with the recycled
water permit and current requirements for service.
Upon verification of compliance,the applicant
shall be notified of the corrective actions
necessary and shall have at least thirty (30)days
to take such actions prior to initiation of
enforcement proceedings.
Recycled Water Rate.The rate charged for
recycled water shall be established by Ordinance
of the Board of Directors.
REGULATION OF WASTE DISCHARGE TO SEWERAGE SYSTEMS
Intent.The District recognizes that to maintain
adequate wastewater quality for water reclamation
treatment processes,and to protect public and
private property,restrictions may be required on
certain industrial,commercial and residential
waste discharges to a sewerage system that is
located within a designated tributary area of an
existing or planned reclamation facility.
Adopted Tributary Protection Measures.Waste dis-
charges to the sewerage system from any indus-
trial,commercial or residential source may be
restricted or prohibited upon a finding,following
a noticed public hearing,that the type or class
of discharge involved is capable of causing or may
cause substantial damage or harm to any sewage
treatment or reclamation facility or to any sig-
nificant user or users or potential user or users
of recycled water within an area which has been
planned for recycled water service.Prohibitions
for certain discharges and guidelines for accept-
ability of wastes are set forth in District Code
of Ordinances Sections 52.04,PROHIBITIONS AGAINST
DISCHARGE OF OBJECTIONABLE WASTES,which prohibits
discharge of certain items into the District sewer
system,including,but not limited to,brine dis-
charge from on-site self-regenerating water sof-
tener units;52.05,GUIDELINES TO DETERMINE
ACCEPTABILITY OF WASTES;and 52.06,DISCHARGE OF
INDUSTRIAL WASTE.
SANCTIONS.In addition to the remedies
established under Division IV of this Code,the
following sanctions and remedies apply to
vioJations of the provisions of this Section.
26-9
Attachment 4 to Ordinance 519
A.Public Nuisance.Discharge of wastes or the use
of recycled water in any manner in violation of
this ordinance or of any permit issued hereunder
is hereby declared a public nuisance and shall be
corrected or abated as directed by the General
Manager.Any person creating such a public nui-
sance is guilty of a misdemeanor.
B.Injunction.Whenever a discharge of wastes or use
of recycled water is in violation of this ordi-
nance or otherwise causes or threatens to cause a
public nuisance,the District may seek injunctive
relief as may be appropriate to enjoin such
discharge or use.
C.
D.
E.
26.08
Permit Susnension or Revocation.In addition to
any other provision of this Code or state statute
or rule authorizing termination of water service,
the General Manager may puspend or revoke a permit
issued hereunder if a violation of any provision
of this ordinance or the Rules and Regulations for
Recycled Water Use is found to exist or if a
discharge of wastes or use of recycled water
causes or threateRstbreatens to cause a nuisance.
If a permit is revoked,the General Manager may,
at its discretion,issue the recycled water user a
temporary recycled water permit for up to 120 days
to allow service to continue while corrective
measures are completed.
Penalty.Any owner and/or operator who violates
this ordinance shall,for each day of violation,
or portion thereof,be subject to aan
admini strative fine Rot ocoeediRg $1,000,or other
higher affiouRt authorized by applicable law.
Other Reffiedies.IR additioR to any fiRe,
revoeatioR,suspeRsioR or peRalty imposed uRder
this as described in Section 26 iR cORRectioR with
aRY violatioR of this SectioR,the District may
talco aRY or all the followiRg actioRs.(i)
suspeRd or termiRate ·,Jater aRd or sewer service to
the property,the mroer aRd/or the operator,(ii)
require payreeRt by the Ovffler for any damage to the
District facilities,reitRburseffieRt to District of
costs and eRpenses,or fines iffiposed on the
District iR cORRectioR with such violatioR,or
(iii)prosecute the responsible party uRder aRY
applicable provision of this Code,the Water Code
or the PeRal Code.72 05.
VALIDITY
26-10
~---"""--JFormatted:Underline
--------~~--
Attachment 4 to Ordinance 519
If any provision of this Section 26 or the application
thereof to any person or circumstance is held invalid,the
remainder of Section 26 and the application of such provi-
sions to other persons or circumstances shall not be
affected thereby.
26-11
ATTACHMENT 5 TO ORDINANCE 519
Attachment 5 to Ordinance 519
Formatted:Differentfirst
page
SECTION 33 GENERAL REGULATIONS FOR USE OF WATER METERS
33.01 FURNISHED AND INSTALLED ONLY BY DISTRICT
Water meters used for service from a District water distri-
bution system shall be furnished and installed by the District.
Meters will be furnished only for use for a specific parcel of
land.Master meters and meters for irrigation purposes may be
furnished for more than one specific parcel of land upon the ap-
proval by the District.Refer to Section 28tbe Djstrjct's sched
tile of this Code for fees and charges,set forth in Appendix A
hereto.
At the request of the customer,a water meter may be turned
off and locked without charge;provided,however,the system
charge shall continue to apply.
With prior District approval,water meters may be moved at
the request of the owner from one location to another location on
the same parcel or within the same tract owned by the customer
upon payment of an amount determined by the District.
The District shall retain title to all meters installed
within the District.Payment by a customer of installation fees,
capacity fees,meter charges,connection charges or any other
fees or charges shall not transfer ownership of a meter from the
District to the customer.
RELOCATION OF METERS
METER TURN-OFF REOUESTED BY CUSTOMER
OWNERSHIP OF METERS
33.04
33.03
33.02
33.05 REMOVAL OF METERS
A.Abandonment of Service.The District may remove any
water meter where the customer has abandoned water service
through that meter.
B.Permanent Removal of Meters for Agricultural or Irriga-
tion Service.When service is no longer required,meters for ag-
ricultural and irrigation service may be removed upon the request
of a lessee who paid the fees and charges (or upon request of the
owner if the lease has expired),or upon the request of the owner
if the fees were paid by the owner.
C.Request for Removal of a Water Meter After Installa-
tion.If,after installation of a water meter,a request is made
by a customer for the removal of that water meter from service,
the customer shall be credited with the number of Equivalent
Dwelling Units (nEDun)for that meter size.If thereafter a re-
quest is made for the installation of the same size water meter
at the same location,no capacity fee shall be due.If the cus-
tomer's request is for a larger meter,all capacity fees and
charges per 28.01 and 28.02 shall be due and payable for all
EDUs,less the EDU credit for the meter previously removed.No
refund shall be due or payable for any portion of a capacity fee
previously paid.The customer shall pay any expenses incurred by
the District for removing and replacing the meters.
D.Removal of Meters for Delinquent Payment of Water Sys-
tem Charges.If an owner/customer remains delinquent in the pay-
ment of water charges or system charges after written notice of
delinquency from the District,the DistrictDistrict may remove
the owner/customer's water meter.If after removal of thc meter,
,vater service is subsequently requested for the same address or
location,service ,viII bc resumed only upon payment of the fol
lO,ving:Rcfer to Section 72 of this Code for addjtional informa
tion regarding the procedure for removal of the meters and to the
Djstrict's schedllle of fees and charges.set forth in Appendix A
hereto.for informatjon concerning costs.
1.all charges that were delinquent at the time of
removal of the metcr and
Formatted:Indent:Left:
0",Hanging:lS',Tabs:
OS',Left +1",Left
2.the District's thcn current charges for meter in
stallation of the size to be installed for the re
sumption of service.
If the request for such service is made more than six months
after removal of the meter,the request shall be PTe-
cessedprocessed as a new order for service and all applicable
fees and charges for a new service (except for capacity fees)
shall be due and payable.
33.06 READING OF METERS
Meters shall be read once each calendar month.
Meters are read each time a meter is "turned-on"or "turned-
off"and when water service is established as a new account.
33.07 ADJUSTMENT FOR METER INACCURACIES
A.Customer Request for Meter Test.A customer may re-
quest that the meter for the customer's service be tested for ac-
curacy upon making a deposit with the District in accordance with
the followingDistrict's schedule7
Heter Size Deposit
$50.00
$125.003"and larger
5/8"x 3/4",3/4"of fees and -±1:-'"'---------~$.z2c':5,...,.;-10:T0\7~cJ;h~aUr:dg£e~sd=,
as set forth at Appendix A hereto.
1 1/2"and 2"
33-2-1-
~.Tampering Punishable as Piisdemeanor.California Penal
C.Failure of Meter to Register During Service.Should
any meter in service fail to register during a billing period,a
bill will be issued by the District for the estimated amount of
water used during the period of the meter failure,based on prior
use under that account.
Code Section 499 providcs as follo',m."Every person 'v?ho,with
intcnt to injurc or defraud,connccts or eauses to bc connected,
any pipe,tube or other instrumcnt,'vJith any main,service pipe,
or conduit or flume,for the purpose of taking 'Jater from sueh
main,service pipe,cond~:lit or flume,without the JmoHledge of
the mmer thereof,and with intent to evade payment therefor,and
every person ',mo,',?ith intent to injure or defraud,injures or
alters any water meter,water meter seal,service valve,or other
serviee connection,is guilty of misdemeanor."
DN'H'rGHifG OR 'J?NI1PERHifG \'H'J?II HE'J'ERS33.08
B.Results of Meter Test.If upon testing,the meter does
not register more than five percent (5%)in excess of the rated
calibration for such meter size,the deposit shall be retained by
the District.If the meter so tested registers more than five
percent (5%)in excess of the rated calibration for such meter
size,the meter will be replaced by the District and the deposit
shall be returned to the customer.No adjustment in billing
shall be made for excess registration during any period prior to
120 days before the request for the test.
B.Locking or Removing Damaged or 'J?ampered Heters.When
ever the General Hanager has determined that a water meter has
been damaged or tampered 'vJith,in such a manner that the mcter
does not properly register the consumption of water,the meter
shall be locked or removed.The meter shall not bc opened or re
installed for service until all of the following charges have
becn paid.
1.Outstanding water bills for the property being
served by that meter;
2.A charge for servicing or repairing the meter in
accordance with the following schedule.
a)For 3/4"and 1"meters,the charge shall be
as follmm:
Broken LoeJc/LocJcing Dcvicc
Cap Lock (Welded)
To Pull and Reset Heter
Broken Curbstop or Tabs
If Customer Uses Jumper
$56.00
158.00
170.00
192.00
149.00
33-3-l-
bl For 1 1/2"and 2"meters,the charges listed
in al above shall be the same with the fol
lowing e}cception:
Broken ']Jabs $265.00
cl For 3",4"and 6"meters,the charges listed
in a)above shall apply IIvith the follOllving
exceptions:
']Jo Pull and Reset Heter
3.A meter installation fee in accordance with Sec
tion 28,and
A charge for estimated quantity of ~vater consumed
Formatted:Li~e SpaCing:]
Exactly 12 pt-----
4-54-.00
600.00
600.00
454.00
$351.00
6"
4"
8"
3 "
10"
but not paid for since the last regular correct
reading,~fhich shall be determined on the basis of
prior use under the customer's account for the
damaged or tampered meter.
4.
(RESERVED)
33-4-1-
ATTACHMENT 6 TO ORDINANCE 519
Attachment 6 to Ordinance 519
SECTION 35 D.~WrGE TO DISTRICT PROPERTY (RESERVED)
35.01 DhH:Z'rGE CAUSED BY CUSTOHER
Each customer shall be responsible for any damage to
District property caused by an intentional act,careless
ness or ncglect of the customer or agcnts of the customer.
Bills issued by the Distriet for damage shall bc due and
payable on the date of mailing or presentation.Service
may be discontinued if bills for damage are not paid within
five (5)days after the date of mailing or presentation of
a notice of delinquency for the damage.all damage must be
paid for before water service lidll be restored.
Formatted:Different first
page
35.02 PE~V'rLTIES FOR DAHZ'rGE TO DISTRICT PROPERTY
Any violation of District ordinances,rules and regu
lations causing damage to the Distriet may be eause for the
Board of Direetors to assess such penalties as may be l~,J
ful,or to talce other action deemed appropriate,including
termination of water service.
ATTACHMENT 7 TO ORDINANCE 519
Attachment 7 to Ordinance 519
SECTI ON 51---I2DJ.Il;iS1:TRRI.IC~TLS~EE:WI!iEJ;:;.R~S~Y~S;;LT.!jEE;MM
Formatted:Different first
page
Formatted:Tabs:0.5",
Left +1",Left +18',Left
51.01 CONTROL AND OPERATION OF SYSTEM
The District sewer system and appurtenances thereto
shall be under the management and control of the General
Manager.No person,other than an employee or agent of the
District,shall have any right to operate any part of a
District sewer system.Afiy-As provided in Division 1\1,any
person who tampers or interferes with any partthe Districts
systems or cOffiponent of said systeffifacilities,or causes or
permits any such act of taffipering or interference with the
systeffi,shall be liableresponsible for any injury or damage
caused thereby or resulting therefrom.In addition,the
General Hanager is authorized to iffipose a charge of $5,000
per occurrence on any person or cOffipany ~;ho operates any
part of the District sewer systeffi ~,Tithout proper
authorization.
51.02 CONNECTIONS AND DISCONNECTIONS TO SEWER SYSTEM
Connection to and disconnection from a District sewer
main shall be made only by District employees.Connection
to and disconnection from a District sewer lateral shall be
made by the customer subject to inspection and approval of
the District.
51.03 INSPECTION OF CUSTOMER PREMISES
Authorized District personnel shall have unrestricted
access at reasonable hours to all premises served by
District sewers for inspection and testing purposes,and to
determine whether the customer is complying with the rules,
regulations and ordinances of the District concerning sewer
services.
51.04 UHAUTHORI2iED CONNECTION TO DISTRICT SE~vER
SYSTEH(RESERVED)
Charges for Unlawful Conncctions.In addition to
all other civil and criffiinal rCffiedies provided by law,any
person ffiaJcing a connection to a District sewer systeffi
;;ithout prior District approval shall be assessed a fine
equal to the annexation fee per Section 9,plus pay the
annexation fee per Section 9 for each unauthorized sewcr
connection.A custoffier who is already annexed into a sewer
iffiprovcffient district shall only pay the fine.Failure to
pay the fine and annexation fee ffiay result in disconnection
per Section 53.
51.05 DISCmfNECTION FOR VIOLATION OF CODE
PERMIT REVOCATED OR SUSPENDED.
NOTICE.51.05
The General Manager shallwilJ give not less thanat
least five-(5)days notice of intention to disconneet a
premise or to suspendprior to suspending or revoke a permit,
stating the reasons therefore,and may grantreason for the
proposed action and,jf determined to be reasonable by the
General Manager,providing a reasonable time for elimination
of the to correct the violation;provided,however,that if
the General Banager determines that the danger is iffiffiinent,
and such action is necessary for the immediate protection of
the health,safety or ~Jelfare of persons or property,or for
the protection of the sewer system,any premise may be
disconnected and service terminated concurrently ~iith the
giving of such notice.Notice shall be given to the
occupant of the premise,if any,and to the recorded owner
of the property as shown upon the last equalized assessment
roll of the County of San Diego by United States mail,
registered or certified,return receipt requested,postage
prepaid,or by posting such notice on the premise.Notice
shall be given to the hoJder of the permjt,at the address
for such person on file with the District.
When a premise has been disconnected,it shall not be
reconnected until all fines,delinquent fees,charges,and
code violations have been corrected or paid together with
reasonable charge for disconnection and reeonneetion as
established by the General ~~anager,plus the penalties
provided herein.
(Formatted:Font:8 pt :-:J
51 1 ND-4839 4192 2051 v ~
ATTACHMENT 8 TO ORDINANCE 519
r,i
I),
~
I
I~
r
II
II~.
lt!
OTAY WATER DISTRICT
CODE OF ORDINANCES
TABLE OF CONTENTS
~IVISI~~ARTICLE I DISTRICT ADMINISTRATION
CHAPTER 1 GENERAL PROVISIONS
SECTION 0 Definitions and Miscellaneous Provisions
0.01
0.02
0.03
0.04
0.05
0.06
Title -Reference to Code
Definitions
Effect of Heading
Notices
Validity of Code
Time Limit for Seeking Review of
Administrative Decisions
CHAPTER 2 ADMINISTRATION OF DISTRICT
SECTION 1
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
SECTION 2
2.01
2.02
Board of Directors and Officers
Governing Body
Officers
Election of Board Officers
Board Vacancies
Duties of President
Duties of Vice President
Duties of Secretary
Meetings of the Board
Public Hearings
Robert's Rules of Order
Seal of the District
Management of the District
Authority of the General Manager
Order of Succession
CHAPTER 3 DISTRICT FINANCIAL MATTERS
SECTION 3
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
District Banking and Other Financial Matters
Designation of Depository
Deposit of Cash
Types of Accounts and Investment Accounts
Classes of Bank Accounts
Transfer of Funds From One Account to Another
Withdrawal of Funds
Directions Pertaining to Demand Deposits
Fiscal Year
&e¥dRS 8/13/2008;/ /
3 09
3.10
Closing of Books of Account
Appointment of an Auditor for Annual Audit of
Books of Account
CHAPTER 4 PURCHASING
SECTION 4 Purchases and Payments
4.01
4.02
4.03
4-04
4.05
Purchases of Property or Services
Payment of Invoices
Petty Cash Purchases
Construction Contracts
Disposal of Surplus Property
CHAPTER 5 PERSONNEL PRACTICES
Employer-Employee RelationsSECTION5
5 01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5~09
5.10
5.11
5 12
5.13
5.14
5.15
SECTION 6
6.01
6 02
6.03
6.04
6.05
6.06
6.07
6.08
6 09
6.10
6.11
6 12
6.13
Purpose
Definitions
District Authority
Employee Rights
Establishment of Representation Units
Certification of Employer Organizations
Employee Organizations'Rights
Impasse Procedures
Decertification Procedure
Individual Representation
Employer-Employee Communications
Information Requests
Interpretation
Amendments
Severability
Conflict of Interest Code
Definitions
Designated Employees
Disclosure Categories
Statements of Economic Interests:Place of
Filing
Statements of Economic Interests:Time of
Filing
Statements for Persons Who Resign Prior to
Assuming Office
Contents Of and Period Covered by Statements
of Economic Interests
Manner of Reporting
Prohibition on Receipt of Honoraria
Prohibition on Receipt of Gifts in Excess of
$320
Loans to Public Officials
Loan Terms
Personal Loans
ii
RtwdRS 8/13/2008 ;I I
6.14
6.15
6.16
6.17
6.18
6.19
6 20
6.21
Disqualification
Legally Required Participation
Disqualification of State Officers and
Employees
Disclosure of Disqualifying Interest
Assistance of the Commission and Counsel
Violations
Prohibited Transactions
Incompatible Activities
SECTIONS 7 AND 8 (RESERVED)
CHAPTER 6 MISCELLANEOUS ADMINISTRATION PROCEDURES
SECTION 9 Annexations and Detachments
9.01
9.02
9.03
9.04
9.05
SECTION 10
Requirement of Annexation for Service
Annexations to or Detachments from
Improvement Districts
Annexations to or Detachments from the
District through LAFCO
Fees and Charges for Annexations or
Detachments
Taxation of Property after Annexation to
Improvement District
Application for Waiver or Modification of
Ordinance Requirements
10.01
10.02
Filing of Petition
Review by Board of Directors
SECTIONS 11 THROUGH 20 (RESERVED)
CHAPTER 1 WATER SERVICE
SECTION 21 Rules and Regulations for Water Service
SECTION 22 District Water Systems
22.01
22.02
22.03
22.04
Control and Operation of Systems
Installation or Removal of Meters
Turn-on or Turn-off of Water Service
Inspection of Customer Premises
SECTION 23 Non-Responsibility of District
23.01
23.02
23.03
23.04
23.05
Interruptions of Water Service
Privately-Owned Water Lines
Water Pressure Regulation
Cross-Connections and Backflow Devices
Water Service for Steam Boilers
iii
~S;8/13/2008;/ /
23.06 Electrical Ground Connections
SECTION 24 Prohibited PracticesCertain Service Limitations
24.01
24.02
24.03
24.04
Non-Service Areas
Leaks or Waste of WaterReserved
Resale of WaterReserved
Fire Hydrants erand Certain Other District
Facilities
SECTION 25 Rates and Conditions for Water Service
25.01
25.02
25.03
25.04
25.05
Service Area
Definition of "H.C.F."and "Unit of Water"
Water Rates,Charges and Fees
Deposit by Lessees or Non-Owners of Property
Service to Subsequent Customers
SECTION 26 Water Reclamation Plan and Implementing
Procedures
26.01
26.02
26.03
26.04
26.05
26.06
26.07
26.08
Findings
Use of Reclaimed Water
Definitions
Water Reclamation Master Plan
Procedures
Regulation of Waste Discharge to Sewerage
Systems
Sanctions
Validity
SECTION 27 Requirements and Limitations for Obtaining Water
Service
27.01
27.02
27.03
27.04
Requirement for Water/Sewer Permit and
Payment of Fees,Charges,and Deposits
Size of Water Meter
Manufacturers Recommended Maximum Flow Rate
for District Meters
Use of Submeters for Resale or Distribution
of Water
SECTION 28 Fees and Charges for Potable or Reclaimed Water
Service
28.01
28.02
28.03
28.04
28.05
Collection of Fees and Charges
Installation Charges for Water Meter and
Water Service Laterals
Interim Water Service ln Improvement District
7
Meter Fee Refund
Fees for Construction of Water Facilities for
Rancho Jamul Pressure Zone 1655
iv
Re-vdRS 8113/2008;/ /
SECTION 29 (RESERVED)
SECTION 30 Non-Permanent Irrigation Water Service
30.01 Definition of Non-Permanent Irrigation Water
Service
30.02 Conditions for Non-Permanent Irrigation Water
Service
SECTION 31 Temporary Water Service
31.01
31.02
31.03
31.04
Definition of Temporary Service
Requirement of Temporary Meter for Service
Fees and Charges for Temporary Meters
Payment of Capacity and Annexation Fees for
Temporary Meters
SECTION 32 DELETED
SECTION 33 General Regulations for Use of Water Meters
33.01
33.02
33.03
33.04
33.05
33.06
33.07
33.08
Furnished and Installed Only by District
Ownership of Meters
Relocation of Meters
Meter Turn-Off Requested by Customer
Removal of Meters
Reading of Meters
Adjustment for Meter Inaccuracies
Damaging or Tampering ',.'ith HetersReserved
SECTION 34 Issuance and Payment of Water Bills
34.01 Issuance,Due Date and Final Payment Date of
Statement of Charges for Service
34.02 Delinquent Accounts
SECTION 35 Damage to Distriet PropertyReserved
35.01
35.02
Damage Caused by Customer
Penalties for Damage to Distriet Property
SECTION 36 Location of Water Lines and Easements
36.01
36.02
36.03
36.04
Location of Water Lines
District Water Line Easements
Encroachment in District Easements
Concurrent Use of District Easements
SECTION 37 Fire Hydrants
37.01
37.02
Charges for Installation
Use of District Fire Hydrants
v
RtwaRS 811312008;/ /
SECTION 38 Service for Fire Protection Systems
38.01
38.02
Service for Commercial or Industrial Purposes
Rules and Regulations for Fire Hydrant and/or
Fire Sprinkler Service for Commercial or
Industrial Purposes on Private Property
SECTION 39 DroughtWater Shortage Response Conservation
Program
39.01
39.02
39.03
39.04
39.05
39.06
39.07
39.08
39.09
Declaration of Necessity and Intent
Definitions Applicable to the Program
Application
DroughtWater Shortage Response Level 1 -
Drought Watch Condition
DroughtWater Shortage Response Level 2 -
Drought Alert Condition
DroughtWater Shortage Response Level 3 -
Drought Critical Condition
DroughtWater Shortage Response Level 4 -
Drought Emergency Condition
Correlation Between DroughtWater Shortage
Management Plan (DMP)and DroughtWater
Shortage Response Levels
Procedures for Determination and Notification
of DroughtWater Shortage Response Level
SECTIONS 41 THROUGH 49 (RESERVED)
CHAPTER 2 SEWER SERVICE
SECTION 50 Rules and Regulations for Sewer Service
SECTION 51 District Sewer System
51.01
51.02
51.03
51.04
51.05
Control and Operation of System
Connections and Disconnections to Sewer
System
Inspection of Customer Premises
Unauthorized Connection to District Sewer
SystemReserved
Disconnection for Violation of Code -Notice
SECTION 52 Waste Disposal
52.01
52.02
52.03
52.04
Definitions of "Sewer System,""Sewage"and
"Industrial Wastes"
Federal and State Statutes and Regulations
Applicable to District Sewer Service
Enforcement of District Rules and Regulations
Prohibitions Against Discharge of
Objectionable Wastes
vi
RtwaRS 8/13/2008;/ /
52.05 Guidelines to Determine Acceptability of
Wastes
52.06 Discharge of Industrial Waste
SECTION 53 Fees,Rates,Charges and Conditions for Sewer
Service
53.01
53.02
53 03
53.04
53.05
53.06
53 07
53.08
53 09
53.10
53 11
53.12
Conditions for Acquisition of Sewer Service
Capacity
Service Areas
Acquisition of Sewer Connections for Service
in 10 14,10 18 and AD 4
Acquisition and Purchase of Sewer Capacity
for Service in the Russell Square Sewer
Service Area
Charges for Installation of Sewer Laterals
Payment of Fees
Sewer Service Use Changes Resulting in
Increased System Utilization
Wastewater Discharge Permit Issuance and
Limitation
Basis for Determination of EDUs
Transfer,Assignment or Resale of Sewer
Connection Rights
Sewer Service Rates and Charges
Reduced Sewer charges for Low-Income
Customers
SECTION 54 Deposit by Lessees or Non-Owners of Property
54.01
54.02
54 03
Amount of Deposit
Refund of Deposit
Letter of Credit
SECTION 55 Issuance and Payment of Sewer Bills
55 01 Issuance,Due Date and Final Payment of
Statement of Charges for Service
SECTION 56 Location of Sewer Lines and Easements
56.01
56.02
56 03
56.04
Location of Sewer Lines
District Sewer Line Easements
Encroachment in District Easements
Concurrent Use of District Easements
SECTIONS 57 THROUGH 59 (RESERVED)
DIVISIONARTICLE III SUBDIVISION AND PARCEL MAP DEVELOPMENTS
CHAPTER 1 WATER AND SEWER SYSTEMS FOR SUBDIVISIONS
AND PARCEL MAPS
SECTION 60 Utility Facilities for Subdivisions and Parcel
vii
ReWRS 8/13/2008;/ /
Map Developments
60.01
60.02
60.03
60.04
60.05
60.06
60.07
60.08
60.09
60.10
60.11
60.12
SECTION 61
SECTION 62
62.01
62.02
Installation by District
Installation by Developers
Issuance of Availability Letters for Water
and/or Sewer Service
Requirement for a Subarea Master Plan (SAMP)
Requirement for a Tentative Map
Requirement of Easement or Right-of-Way for
Utility Facilities
Requirement for Annexation
Requirement for Approved Plans and
Construction Agreement
Requirement for District Inspection
Requirements for Use of Utilities for
Occupancy Prior to District Acceptance
Requirement for Final Acceptance by the
General Manager
Requirement for One Year Warranty Period
(RESERVED)
Extent of Systems for Subdivisions and Parcel
Maps
Location and Scope of System
Request for Variance
ARTICLE IV PROHIBITED ACTIVITIES;REMEDIES AND ENFORCEMENT
CHAPTER 1 GENERAL PROVISIONS
SECTION 70 Definitions
70.01
70.02
Reference to Article
Definitions
SECTION 71 Violations;Prohibited Activities
CHAPTER 2 DISTRICT REMEDIES
SECTION 72 Damages,Penalties and Administrative Fines
72.01
72.02
72.03
72.04
72.05
General
Certain Specific Operational Violations
Violation of Conservation or Other Water Use
Restriction Provisions
Violations Involving District Real Property
Administrative Fines
SECTION 73 Additional District Remedies
73.01
73 02
Other Remedies of District
Notice to District Concerning Violations
viii
RevaRS 8/13/2008;I I
73.03 Severability
IX
ReveRS 8/13/2008;/ /
AGENDA ITEM 8b
STAFF REPORT
TYPE MEETING:Regular Board MEETING DATE:February 3,2010
AllDIV.NO.W.O.lG.F.NO:Elaine Henderson,
Customer s~anager
Joseph B~~Chief Financial Officer
Germa~ez,Assistant General Manager,Administration and
Finance
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
SUBMITTED BY:
SUBJECT:Adopt Ordinance No.523 Removing Fees and Charges from
Sections 9,10,23,25,28,31,33,34,53,60 and from Policy
5 of the District's Code of Ordinances and
Incorporating Them in a Newly Created Appendix A;
Deleting Policy 17 and Incorporating it into Section
31;and Amending Section 53 -Fees,Rates,Charges and
Conditions for Sewer Service
GENERAL MANAGER'S RECOMMENDATION:
That the Board adopt Ordinance No.523 removing fees and charges
from Sections 9,10,23,25,28,31,33,34,53,60 and from Policy 5 of
the District's Code of Ordinances and incorporating them in a
newly created Appendix A;deleting Policy 17 and incorporating
it into Section 31;and amending Section 53 Fees,Rates,Charges
and Conditions for Sewer Service.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To add a consolidated schedule of all the District's fees and
charges in a newly created Appendix A,within the Code of
Ordinances,which will add clarity and consistency to code
sections.
ANALYSIS:
There are numerous fees and charges administered by departments
in the District.Most are spread throughout the District's Code
of Ordinances and Policies.Others are found in various state,
government,and administrative codes.
The current organization of fees and charges in the District's
Code of Ordinances can cause confusion and inefficiency when
doing research,evaluations,and periodic updates.The new
Appendix A provides a consolidated look at all fees and charges
and will be easy to view and update.It will be posted on the
District's website and other shared locations for easy
accessibility by customers,Board members,and staff.
The summary of fees and charges in Appendix A are the same fees
and charges that currently exist in the Code of Ordinances as of
the 4th quarter of calendar year 2009 with the exception of the
fees,rates,and charges in Section 53 which became effective
January 1,2010.The fees and charges will continue to be
updated per Board authorization or as indicated in the Code of
Ordinances.
FISCAL IMPACT:~/.
None.
STRATEGIC GOAL~
Ensure financial health through formalized policies,prudent
investing,and efficient operations.
LEGAL IMPACT:
None.
Attachments:
A)Committee Action Form
B)Ordinance No.523 and Strike-through copies
C)Appendix A
D)Proposed Sections and Policy 5
E)Deleted Policy 17 (incorporated into Section 31)
ATTACHMENT A
Adopt Ordinance No.523 Removing Fees and Charges from
Sections 9,10,23,25,26,28,31,33,34,53,60 and from Policy 5
of the District's Code of Ordinances and Incorporating Them
in a Newly Created Appendix A;Deleting Policy 17 and
Incorporating it into Section 31;and Amending Section 53 -
SUBJECVPROJECT:Fees,Rates,Charges and Conditions for Sewer Service
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed
this item at a meeting held on January 19,2010 and the
following comments were made:
•Staff indicated that District fees and charges are
currently noted in different sections throughout the
District's Code of Ordinances.Staff is proposing that
all such fees and charges be centralized into a newly
created Appendix A.
•This change will create efficiency and will eliminate
confusion when researching or updating information in the
Code.Appendix A will also provide a complete view of
all District fees and charges.
•Staff noted that the fees and charges reflected in the
proposed Appendix A are the same fees and charges that
currently exist in the Code of Ordinances as of the 4th
quarter of calendar year 2009 with the exception of fees,
rates,and charges in Section 53 (sewer rates)which were
updated with the new rates effective January 1,2010.
•Staff is recommending that Ordinance No.523 be adopted
removing fees and charges from Sections 9,10,23,25,
26,28,31,33,34,53,60 and from Policy 5 of the
District's Code of Ordinances and incorporating them in a
newly created Appendix A;deleting Policy 17 and
incorporating it into Section 31;and amending Section 53
-Fees,Rates,Charges and Conditions for Sewer Service
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board on the consent
calendar.
Y:\Board\CurBdPkg\FINANCE\Appendix A Ol-06-10\CommMtgAppendixA010610.doc
Attachment B
ORDINANCE NO.523
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT REMOVING FEES AND CHARGES
FROM SECTIONS 9,10,23,25,28,31,33,34,53,60 AND
FROM POLICY 5 OF THE DISTRICT'S CODE OF
ORDINANCES AND INCORPORATING THEM IN A NEWLY
CREATED APPENDIX A;DELETING POLICY 17 AND
INCORPORATING IT INTO SECTION 31;AND AMENDING
SECTION 53 -FEES,RATES,CHARGES AND CONDITIONS
FOR SEWER SERVICE
WHEREAS,it would be more efficient for updating purposes
to consolidate all the District's fees and charges into a
central location within the District's Code of Ordinances;and
WHEREAS,staff has integrated all the District's fees and
charges into a newly created Appendix A of the District's Code
of Ordinances;and
WHEREAS,this information will be posted to the District's
website and other shared locations for easy accessibility by
customers,Board members and staff.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of
the Otay Water District as follows:
This Ordinance and the amendments to Sections 9,10,23,
25, 28,31,33, 34,53,60 and Policy 5 of the District's Code
of Ordinances (strike-through copies attached)shall become
effective upon adoption of this Ordinance.
1
The deletion of Policy 17 and its incorporation into
Section 3P:(strike-through copy attached)shall alsb become
effective upon adoption of this Ordinance.
The amendments concerning sewer rates,charges and fees,
and periodic pass-through increases of the Code of Ordinances
being incorporated into Section 53 became effective on January
1,2010 as adopted by the Board on August 24,2009.
PASSED";APPROVED AND ADOPTED by the Board of Diiectors of
the Otay Water District at a regular meeting duly held this 3rd
day of February,2010,by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
President
ATTEST:
Secretary
2
Attachment B includes the following strike-through copies ofthe Code of
Ordinances Sections 9,10,23,25,28,31,33,34,53 &60 and Policy 5
CHAPTER 6
SECTION 9
MISCELLANEOUS ADMINISTRATION PROCEDURES
ANNEXATIONS AND DETACHMENTS
9.01 REQUIREMENT OF ANNEXATION FOR SERVICE
Except as provided elsewhere in this Code,whenever
utility service is requested for land outside the bounda-
ries of an improvement district,the land to be serviced
must first be annexed to an improvement district(s).If
the land is located outside the boundaries of the District,
the land must also be annexed to the District.
9.02 ANNEXATIONS TO OR DETACHMENTS FROM IMPROVEMENTS
DISTRICTS
An owner or owners of land within the District desir-
ing to annex to or detach land from an improvement district
within the District must file a petition for such proceed-
ing with the District.Annexation proceedings shall be
conducted pursuant to Chapter I (commencing with Section
72670)of Part 11,Division 20 of the California Water
Code.Detachment or exclusion proceedings shall be
conducted pursuant to Part 8.5 (commencing with Section
72080)of Division 20 of the California Water Code.
9.03 ANNEXATIONS TO OR DETACHMENTS FROM THE DISTRICT
THROUGH LAFCO
An owner or owners desiring to annex land to or to
detach land from the District may either (i)file a peti-
tion directly with the Local Agency Formation Commission
(LAFCO)for the annexation or detachment or (ii)request
the District to file the petition with LAFCO for such
annexation or detachment.Any such proceeding for annexa-
tion or detachment,which is deemed a change of organiza-
tion or reorganization pursuant to the Cortese-Knox Local
Government Reorganization Act of 1985,shall be initiated,
conducted and completed pursuant to Title 6,Division 1
(commencing with Section 56000)of the California Govern-
ment Code.
9.04 FEES AND CHARGES FOR ANNEXATIONS OR DETACHMENTS
A petitioner requesting an annexation to or detachment
from the District or an improvement district within the
District shall pay the following applicable fees and
charges:
9-1
A
1.
Administrative Processing Fees
District Processing Fee.A District processing fee
J~ee Appendix A,9.04 A.l.for fee)_s_h_~l.l._1:2~_p~~~L -Deleted:of
to the District for each annexation or detachment ->--=====------====--~~Deleted:$500proceeding,regardless of the number of parcels
involved,provided all parcels are included in one
proceeding.T~.J:~~_~0~-!-L~9!l§~J~_uJ_e__t}!.~_'~1:2~~~_.__--{Deleted:era~e"on March 3,1997.The b,:se r,:te shall be ---i:=D=e=le=t=ed=:=$=S=o=o=========<
adJusted annually for fluctuatlons In the Consumer ~--------------------~
Price Index (Urban Wage Earners and Clerical
Workers -Los Angeles)and subsequent cost-of-
living adjustment (COLA).
Additional Processing Fees or Charges''I't:!~_p~t~:_---{Deleted:3tionershallpayallprocessingfeesandchargesL-~
due LAFCO,the State Board of Equalization and any
other applicable government agency.
J~-Concurrent Annexations to or Detachments from the _---lLD_e_'e_t_e_d_:4 ~
District and an Existing Improvement District.
No additional processing costs or fees will be
charged to a petitioner for an annexation to or
detachment from an existing improvement district
when the proceeding is part of an annexation to
or detachment from the District .
.1~__Payment of Fees and Charges-=TJ!.e__QiJ~_tJ;:tc;L --{Deleted:s~~<:)~~§_?.i!lg...J.e-e_s-_~~c!_c;0~~9~§_§9-.?JJ_.b_e__R.~i_c!_tc:>t0~_-_--l~D~e~,e=t=ed=.=p============<
District at the time the petition for such -,~====.============~
proceeding is filed Where a petition is filed i_D_e_le_t_ed_:_F ~
with LAFCO,the District shall notify LAFCO that
payment of all required fees and charges to the
District shall be a condition for District
approval of the annexation or detachment.
B.Annexation Fees for Annexations to Water Improve-
ment Districts.The annexation fee J..see Appendix __--loeleted:sl,411
A,9.04 B.)shall constitute the "base rate"on '-----...:------------'
March 13,2006 (effective July 1,2006).The base
rate shall be adjusted quarterly for fluctuations
in construction costs,as measured by the
Engineering News Record Construction Cost Index for
the Los Angeles Region.The ENR Construction Cost
Index of 8552 3 (as of March 13,2006)shall be
deemed the "base index."The adjustment shall be
in an amount equal to the percentage change in the
ENR Construction Cost Index from the base index for
the period from March 13,2006 to the date of
payment
1.No water annexation fee shall be required for
existing and future agricultural water service
9-2
furnished by the District under the COMMERCIAL
AGRICULTURAL category of Section 25 of the Code.
2.Non-permanent irrigation water service furnished by
the District under Section 30 of the Code shall be
available without payment of a water annexation
fee.
3.Open Space to be Annexed.Open space lands shall
not be excluded from annexations of land to a
water improvement district.
4.Water Meter Type Exclusions.Annexation fees
shall be collected on all water meters sold
except for temporary water meters,water tank
truck meters,nonpermanent irrigation water
meters and outside user meters,all as defined
elsewhere in this Code.
5.Effective Date.Annexation fees shall be col-
lected on all lands annexing to a water improve-
ment district on or after March 5,1997
6.Basis for Determination.For annexations of land
to a water improvement district within the Dis-
trict,the petitioner shall pay an annexation fee.
The fee shall be paid at the time of water meter
purchase.
Deleted:of
Deleted:$1,411
Deleted:(s
Deleted:)
\
Deleted:per EDU.
Annexation Fees for Annexations to Sewer Improve-
ment Districts
For permanent water meters,except for commercial
agricultural meters,the annexation fee shall be
determined on the basis of the demand to be placed
on the District-wide water system.The fee will be
determined on the basis of the size of the water
meter required,as set forth in Section 27 of the
Code.The fee shall be determined by multiplying
the demand factor for the meter size,as set forth
in Section 28 of the Code,by the annexation fee
per EDU.8,ee Appendix A,9.04 B.for fees,..J ~:::_-
"-\\'
\\'
\\
\\
\',
Improvement District Annexation.All annexation
for sewer service shall be into Improvement
District No.18 on or after December 16,1998
1.
C.
2.Open Space to be Annexed.Open space lands shall
not be excluded from annexations of land to a
sewer improvement district.
3.Effective Date.Annexation fees shall be
collected on all lands annexing to a sewer
9-3
improvement district on or after December 16,
1998.
Deleted:9
Deleted:(
Deleted:s,
Deleted:.)
I
,Deleted:per EDU.
Deleted:e,
Deleted:of $3,819
4.Basis for Determination~For annexations of land
to a sewer improvement district within the Dis-
trict,the petitioner shall pay an annexation
fee.The fee shall be determined on the basis of
the demand to be placed on the District sewer
system.The fee shall be paid at the time of
sewer service connection request or General
Manager's approval of plans,whichever occurs
earlier.The extent of the demand will be
determined on the basis of each equivalent
dwelling unit (EDU)of service which is to be
connected to the District sewer system.The
number of EDUs prescribed in Section 53 of the
Code shall be the basis for computation of the
amount of the annexation fee.The fee will be
determined by multiplying the number of EDUs by
the annexation fee per EDU.Aee Appendix A,9.04 ~::_--(Deleted:$3,81C 4 for fees .•J ~;-
,I'
• III ,T~9!1.!1~_x_a_t_i_~I!_:(~~_;?'Q~!!_g9~§!=J-_t_u_t_e t)l~"b~~~__\':'\
rate"on December 16,1998 The base rate shall \,'
be adjusted quarterly for fluctuations in ~\
construction costs as measured by the Engineering ~'
News Record Construction Cost Index for the Los ~
Angeles Region.The ENR Construction Cost Index
of $6,859 45 (as of November 9,1998)shall be
deemed the "base index."The adjustment shall be
in an amount equal to the percentage change in
the ENR Construction Cost Index from the base
index for the period from November 9,1998 to the
date of payment.
D.Detachment Fees
For each detachment of land from an improvement
district,the petitioner shall pay such fees as
the General Manager determines are appropriate
for the detachment.Determinations shall be made
by the General Manager on a case-by-case basis.
I ,9.._Q5.TAXATION OF PROPERTY AFTER ANNEXATION TO IMPROVEMENT
DISTRICT
Where property is annexed by a petitioner,other than
a tax-exempt agency,the property in the annexed area shall
be subject to taxation after the annexation thereof for the
purposes of the improvement district,including the payment
of principal and interest on bonds and other obligations of
the improvement district authorized and outstanding at the
time of the annexation.The Board of Directors shall
-~_-Deleted:
Formatted:Indent:Left:0",
Hanging:0.5"
9-4
provide as a condition of the annexation that the annexed
area shall be subject to taxation as if the property had
always been a part of the improvement district ..------------------------------------------------------------------i ~eleted:1
'---------------'
9-5
SECTION 10 APPLICATION FOR WAIVER OR MODIFICATION OF
ORDINANCE REQUIREMENTS
10.01 FILING OF PETITION
Any person may present a petition to the Board of
Directors requesting that the Board consider a waiver or
modification of requirements of a section of an ordinance
set forth in this Code.The petition for waiver or modifi-
cation shall be in writing on forms furnished by the Dis-
trict.A fee.as set forth in Aeeendix A,10.01_~~~~~_!?~__---[oeleted:ofs50
paid at the time of submission of the petition requesting ~------------------~
the waiver or modification.
10 02 REVIEW BY BOARD OF DIRECTORS
The grant or denial of such waiver or modification
shall be determined solely by the Board of Directors.Any
such waiver or modification shall be effective only upon
such Board approval which shall set forth the terms and
conditions thereof.Each waiver or modification shall be
limited to the person and property involved in the applica-
tion.
10-1
SECTION 23 NON-RESPONSIBILITY OF DISTRICT
23.01 INTERRUPTIONS OF WATER SERVICE
District does not guarantee continuous delivery of water
on demand.From time to time it may be necessary for the
District to shut off the flow of water in any of its water
systems.Except in emergencies,such stoppages will not be
made without prior notice to the customers involved.District
shall not assume any responsibility for loss or damages which
may occur due to interruption of water service.
23.02 PRIVATELY-OWNED WATER LINES
The District assumes no responsibility for the delivery
of water through privately-owned pipelines or systems,nor
shall it assume any responsibility for damages resulting from
the operation of any such system even though water may be
received from a district water distribution system.
23.03 WATER PRESSURE REGULATION
Formatted:Indent:Left:OS'
Deleted:
Formatted:Indent:Left:1"
A·Customer Responsibility~_'1'95"_PJ.._stFJ..c_t __s_~aJJ_- - - - - - - -~t--{Deleted:~~~~~~_QQ_~~~PQQ?~9~~tty_t9~_~9~5"~_PF~??~~~: "
regulation within a customer's service area.The ,-
customer shall be responsible for providing adequate "
safeguard measures for the customer's water system
wherever pressure regulation is necessary.
~.Requirement for Installation in New Construction.~l-->=D=e=l_et_e_d~:~~_~~_~~
Customers making application for water service for 'Formatted:Indent:Left:0.5",
new construction for residential,commercial or Hanging:0.5"
industrial use shall be required to install an
appropriate pressure regulation device for such
service.
23.04 CROSS-CONNECTIONS AND BACKFLOW DEVICES
"state Regulations for Cross-Connections._- - - - - - - - - - - - - - - - - - - - - --1--{Deleted:
The California Department of Public Health has issued +--{'F-o-rm--att-e-d-:-l-nd-e-nt-:-Fi-rs-t-Iin-e-:-o-,s-"~
Regulations Relating to Cross-Connections (Calif.Adm.Code,
Title 17 -Public Health)for the purpose of safeguarding
drinking water supplies by preventing backflow into public
water systems.The term "cross connection"means any
unprotected connection between any part of a District water
system and any other source or system containing water or
substance that is not or cannot be approved as safe,
wholesome,and potable for human consumption.The District
has adopted RulesL ~~gll~~t~QQ?L....9.nq Fees ~5"g9_r.s:iJ!lg_s:;r_o_s_s_-1--{Deleted:and
Connections as uncodified Ordinance No.386 which is available ~--------------------~
in the Operations and Engineering Departments.The backflow 1
fees are as set forth in_~dix A,23.04 .•-{Deleted:~
~--------------------~
23-1
;_~~~~WATER SERVICE FOR STEAM BOILERS _
Customers using District water to supply steam boilers
are required to provide adequate storage of water for boiler
use for a minimum period of 12 hours
-Deleted:~
~~_Sectlon Break(Next Page)_....................
~
~
23.06 ELECTRICAL GROUND CONNECTIONS
The connection of electrical ground wire to water pipes
is prohibited.The District shall assume no responsibility
for any loss or damage resulting from such a connection.
23-2
ISECTION 25
25.01 SERVICE AREA
~ONDITIONS FOR WATER SERVICE _1Deleted:RATES AND
Water service shall be furnished by the District only to
property within (annexed to)a water improvement district within
the District's service area.Water service to property located
outside an improvement district may be furnished only upon prior
approval of the Board of Directors Temporary water service to
property located outside an improvement district may be
furnished,in accordance with Section 25.03 E 10.,upon the
approval of the General Manager.-
25.02 DEFINITION OF "H.C.F."AND "UNIT OF WATER"
As used in the Code the terms "H.C.F."and "unit of water"are
interchangeable and each shall mean 100 cubic feet or 748
gallons of water.
25.03 DEFINITIONS OF WATER SERVICE CATAGORIES,WATER RATES,CHARGES
AND FEES
.,--Formatted:Indent:Left:0.38",
Hanging:0.63"
Water service furnished by the District shall be under the
categories of services and at the rates,charges and fees as set (Deleted::
forth in Appendix A,Section 25·~--------------------------------':-1~D-e-le-t-ed~:~b~e~lo=w=:------====~
'---------~Five-year Rate Increase Schedule -All District water rates,
charges and fees are subject to a five-year schedule of rate
increases beginning September 1,2009 and periodically
thereafter through June 30,2014.The increases under this
schedule shall be the amount sufficient to cover cost increases
related to operation~and maintenance,but not to exceed 10%per
year.
Five-year Periodic Pass-through Rate Increases or Decreases from
District Wholesalers -All District water rates,charges and
fees are subject to periodic rate changes from the District's
public agency wholesalers for a five-year period beginning
September 1,2009 through June 30,2014.
A.Set-up Fees for Accounts.A set-up fee .:'>.l:!~J"J")~e__cAaSg.est -i Deleted:of $10.00
for each account transferred to another customer.See
Appendix A,25.03 A.for charges..~_g~fl<2~t.t_',,!Al):._b_e --~eted:set-uP fee
required of all cus~omers who do not own th~property to be /Deleted:Section
served.See AppendlX A,.2.?_.9j~_fQ~_<:!~12<2~J,.t_a.mo_u_nJ_s_.,-
B Monthly Fixed MWD &yCWA Charges.,..g:~<;:0 _r:><2t~b.l.e._wa_t_e_r.._
service customer shall pay a monthly MWD and CWA fixed
charge,as set forth in Appendix A,25.03 C.y_Xr..o_c_e_eAs_9J _
the charge will be used to pay for operating and -
maintenance costs,including the following:MWD Readiness-
to-Serve Charge and Capacity Reservation Charge;CWA
Infrastructure Access Charge,Customer Service Charge,and
-Deleted:L
Deleted:&
..Deleted:below.
25-1 Revised 08/24/09Effective09/01/09
Emergency Storage Charge.The MWD &CWA charge is based on
the size of the water meter(s)in service.The MWD &CWA
charge shall start upon installation of the meter.
------1 Deleted:Met"r'[~Water -Conservat{on -6rought-pricing·To -promote - - -...- -~s_1_z_e .Lcmi",...~lu
conservation,base tiered water rates for all water
services are sUbject to percentage increases during drought J -1 Delet~:above Stage 1,
stages,.-=i!~_~~c!'~I}.An..t.h_e.J~bl.s'!.9~;L()~~...__. __ _ . _
Monthly Fixed System Charges.-Each water service customer
shall pay a monthly fixed system charge,as set forth in
Appendix A,25.03,C.•_._p_r9S;.s'!.s'!99_():J:_tllE;.C::~i!.r:g~."!All._b_e.~.S5!9 " -·1 Deleted:.
to pay.for water system replacement,ma7ntenance,and.-'i~D-e-le-t=~=:=b=e=lO=W=.~~~====~
operat1on expenses.The system charge 1S based on the Slze ~--------------------~
of the water meter(s)in service The system charge shall
start upon installation of the meter
C.
f'_
D.
Drought Stage Pricing
Stage 2 Stage 3 Stage 4
Tier 1*0%0%0%
Tier 2 Up to 5%Up to 10%Up to 15%
Tier 3 Up to 30%Up to 60%Up to 90%
Delet~:
Deleted:the Fee Appendix
Deleted:Section
Deleted:\
Deleted:,
Deleted:identified below
Delet~:belo",!
Delet~:below
Delet~:Rates and Charges
for\
Deleted:
furnished under this category shall be s~t forth
in .Appendix A,25.03 E.l..(b).._nn_._
(b)
(a)Defined as:Water service for single residential
and individually metered attached households as
well as other domestic uses (other than that
provided for in Paragraph 2 below)
Base Rate:The tiered base rates of water
1.DOMESTIC RESIDENTIAL WATER
*Domestic residential water service has four tiered base
rates as outlined .i_n.Appendix A,.?~-,-Q~E;~~._.t~t ..Xi.e.r.J.9J --{Deleted:be1oW
the above table applies to the first two tiered base rates.._,'"\-,
Tier 2 of the above table applies to the third tiered base ':"
rate.-,-_.'!'-!E;.r:..~_C!.Z _t.h.e..ap9.Y5!.j:?!?J-~_9-PPHE;~_t~the..(o.u.r.t.h.__.._~,-'tiered base rate.~...._;,'
''.£:ategories of ,water Service.__')'b~_definitions and r.aJ.e.s_~P.9._ "
charges for water service furnished by the District shall ~"'.
be as follows:",
\,
\,
\
E.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
25-2 Revised 08/24/09
Effective 09/01/09
Deleted:~
The four tiered base rates
for water furnished under
each block of service under
this category shall be as
follows:1
'I
H.C.F.CT2f\
Deleted:I
Deleted:m
Deleted:
Deleted:follo"s
Deleted::
Deleted:!I.C.I'per Dwelling
I unit em
I Formatted:Indent:Hanging:2"I
I Formatted:Indent:Hanging:2""I Formatted:Indent:Hanging:2"""Formatted:Indent:Hanging:2"\'
"Formatted:Indent:Hanging:2",\I
II Formatted:Indent:Hanging:2"II
"Formatted:Indent:Hanging:2",,,
II Formatted:Indent:Hanging:2"II
I Deleted:~,
Formatted:Indent:Hanging:2"I,Deleted:,
I Deleted:follo,,"I,Deleted::I
Deleted:!I.C.F.(meter size:
1ess than 10")r14f
,,
""""
Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.3 .•(b)"__
Defined as:Potable water service for
commercial,industrial and publicly-owned
establishments.
Defined as_:_t¥-st-.S!~-l!\E?.t:E?~~g._~C!t~r:_s.~r:v..ic_e._(oF..__
multiple residential households,for example,
duplexes,townhomes,apartments and mobile homes.
(b)
(a)
(b)
(a)
IRRIGATION AND COMMERCIAL AGRICULTURAL USING POTABLE
WATER
BUSINESS AND PUBLICLY-OWNED WATER
4.
3
L .._
2.MULTIPLE RESIDENTIAL WATER
(a)Irrigation is potable water service provided
solely for irrigation of landscape or
landscaping,as defined in Section 0.02.
(b)Commercial agricultural engaged in the growing or
raising of live stock,in conformity with
recognized practices of husbandry,for the
purpose of commerce,trade or industry,or for
the use by public educational or correctional
institutions or agricultural horticultural or
floricultural products and produced,
(i)for human consumption or for the market,
or
--,
--------------------------------------------------,~The tiered base rates for this category of ,~
service are subject to the increased drought ~,
pricing outlined in Section 25.03 D.\~
"I'
Base Rate:The tiered base rates of water
furnished for each dwelling unit under each block
of service in this category shall be as set forth
in Appendix A,25 _03 E.2 _.(b).•"'<_,_-,,-'---_-Tli~=~i:e::r:e::ci.~?:S_e_l:~!:~§=t~~_t~~~_c:i!t~qO:r.i =0_(===~,t,''
service are subject to the increased drought \~,
pricing outlined in Section 25.03 D.~~.,"",
\tI\\\\\
\t\I\\\\
\\i\\\\\
\1i\11\
\1\\\\\
1\\\\\
,Inl
.\\11
pll
pI
~II
,iI
II
II
~
I
,--
1'-_
(ii)for the feeding of fowl or livestock
produced for human consumption or for the
market,or
•.t~H2 _:f()~_fE::E::c!:hIlq _(Qv'{l__o_r_JJy.S!§t-9.9k :f()~_tDE::___ _- -1.....D_e_le_t_e_d:__
purpose of obtaining their products for
human consumption or for the market,such
25-3 Revised 08/24/09
Effective 09/01/09
products to be grown or raised on a
parcel of land having an area of not less
than one acre utilized exclusively
therefore.
Deleted:
Deleted:follows
Deleted::
Deleted:H.c.]j'.'[
(Meter Size:1"and 1aCf5f
Deleted:~,
Deleted:
Defined as:Non-potable and recycled water service
provided for irrigation of landscaping,as defined
in Section 0.02 A.of the Code,and certain non-
irrigation purposes,other than domestic use,in
compliance with federal,state and local laws and
regulations regarding use of recycled water.
The provisions of this Code,relating to use of
recycled water,set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices,shall be strictly
enforced in connection with the use of recycled
water.
(b)
(a)
RECYCLED WATER
(c)Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.4.,(c).,-(:_
-------,trl~=ti:e:r:e=d~=b~=s=e=:r~}:~~-tQ~=t~~~_~a.te:q~ri =~~(==__===='service are subject to the increased drought ~
pricing outlined in Section 25.03 D.':,,',5.
t,._
---------fhe tierecfb-a-se rates-for-this categci-ry-o-[
service are sUbject to the increased drought
pricing outlined in Section 25.03 D
"-..-----------
(c)Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.5.(c).,_______Deleted:follows
Deleted::
Deleted:H.C.]j'.'I
(Meter Size:1"and l~
6.TEMPORARY AND CONSTRUCTION WATER SERVICE
--------~~-
Deleted:.
Deleted:shall be as follows
Deleted::
Deleted:MQter Size r:::17f
Deleted:shall be t ...l0 times
I the tiered base ratesIchargedtoirrigation and
commercial agriculture as
Deleted:outlined
Deleted:the
Deleted:Section
Deleted:4
Deleted:
Deleted:c
,
/,
Defined as:Water service provided by the
District on a temporary basis,pursuant to
Section 31 of this Code.
If the customer has paid capacity and annexation
fees,the base rate for water furnished under
If capacity fees have not been paid by the
customer,the rates for water furnished under '"
this category .is set forth .tIl ,Appendix A,._2_5_.0)J:-'-~
E .~.•__ __ _ ___ __ _ _
Monthly system charge:The monthly system charge
for recycled water service is set forth in
Appendix A,25 _03,C.,__________
(c)
(b)
(a)
(d)
"- ---
25-4 Revised 08/24/09
Effective 09/01/09
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d)The tiered base ra~es for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e)The applicable monthly system and MWD_~_..c_WA__h ---IDeleted:/charge shall be the same rates charged to L-~
customers in the same category of service on a ,1 Deleted:
permanent meter basis.,per Appendix A,25.03,C.,-li-D-e-Ie-t-ed-:~.=--=~-~=<
7.WATER SERVICE UNDER SPECIAL AGREEMENTS L-~
(a)Defined as:Water service provided under express
agreements approved by the Board of Directors for
service to golf courses and other entities,which
service may be curtailed or interrupted by the
District under conditions provided in such
agreements.
(b)For water service under this category the base
rate shall be determined on a case-by-case basis.
Unless otherwise specified in the particular
agreement,the tiered base rates for this
category of service are subject to the increased
drought pricing outlined in Section 25.03 D.
8.TANK TRUCKS
(a)Defined as:Water service provided for the
filling of tanks on motor vehicles transporting
water used for other than earth grading purposes,
which service shall be made only through a
portable meter issued by the District to a
customer specifically for use in accordance with
the provisions herein for such service.
(b)The rate for metered water furnished under this
category is reflected in Appendix A,25.03 E.8
~,_.Rl.-~s__a....!U9_n.!:l1.J.Y_i3Yi3t~J.!l_<;:l}~~q~_~t.._tAe__r_a~_e_§~.t _'_...
forth in Appendix A,.??-:Q~h_h __h_h ~
'"
Deleted:
Deleted:shall be the rate
charged for temporary and
construction water service,
as described in Section
25.03 E:.6.
Deleted:Section\
Deleted:I
Deleted:E:.4.d.
Deleted:shall
Deleted:The customer shall
deposit the following amount
with the District for use of
the meter:
",,'",",
"I
\
/,
(1)To receive such service,the customer must
make a deposit for the ,u~~_i!_~~t_e_r__m_e_t_e_r_
furnished by the District.The fee is set
forth in Appendix A,31.03 A.l .•_
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(c)Requirements for Use of Water Meter
25-5 Revised 08/24/09
E:ffective 09/01/09
· ...__.__.--1 Deleted:Meter Size
(2)Upon termination of the service,the Dis-
trict will refund the amount of deposit
remaining after making the following
deductions:
(i)Cost of repairing or replacing the
meter,fire hydrant and/or any fittings
damaged or lost while in use;and
(ii)Unpaid charges for water or other
applicable charges.
(3)Prior to the end of each six month period
following issuance of a meter under this
section,or at the request of the District,
whichever is earlier,the customer shall
return the meter to the District for
inspection,repair,or calibration as deemed
necessary by the District.
(4)Payment for water service under this cate-
gory shall be made as follows:
(i)The bill shall be based on the amount
of water actually used,which shall be
determined by the District's reading of
the meter or by a report made by the
customer to the District in the manner
prescribed by the District.
(ii)Where the actual amount of water used
cannot be determined as provided in
(i),the District will issue a bill
based on a District estimate of the
amount of water used,as determined by
the District.Such estimates shall be
reconciled with actual amounts used
when the customer returns the meter to
the District as provided in paragraph 3
above.
(iii)Payments shall be made as specified on
the bill.
9.WATER SERVICE OUTSIDE DISTRICT
(a)Defined as:Water service for real property
outside the service area of the District.
(b)This service will be provided only upon prior
approval of the General Manager when there is a
surplus of water over and above the existing
needs for service in the District.This service
is temporary and may be terminated upon written
notice from the District.Customers for this
25-6 Revised 08/24/09
Effective 09/01/09
service are sometimes referred to as "outside
users."
WATER SERVICE OUTSIDE AN IMPROVEMENT DISTRICT
(a)Defined as:Water service for property located
within the boundaries of the District,but not
within a water improvement district.Customers
for this service are sometimes referred to as
"outside users_"
Deleted:I
Deleted:District
Deleted:the
Deleted:
Deleted:category of water
service being furnished.
Deleted:
Deleted:of $500
Deleted:charged temporary
and construction water as
Deleted:Section
Deleted:6
Deleted:\
Deleted:.b"
Deleted:Eor temporary and
construction water service
\\'
\\\
\
\
\
---------------------~
The rate for metered water furnished under this
category shall be charged the rate as p~~~~jp~9 --
in Appendix A,,25_.9;3_~~9 .•(d)y,_121.U;~A_mO}1"t_hJy ~
system charge at the rate set forth in Appendix ~~-
A,25 03 C;·_uu u __u __u uu u~\~
Customers applying for this category of service
shall pay an application fee as set forth in
Appendix A,25.03 E.9 .•(c)•._
(d)
(c)
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e)Customers requesting only fire service or a fire
hydrant under this category shall be charged a
capacity fee based on one (1)EDU for a permanent
meter in the "mp~9Y~~~Dt_pistrict ~~~~_~~~~h_tp~--
fire service derives its flow,plus a monthly ---
system charge at the rate set forth in /ppendix _
A,25 .03 E.11.,(c)'L u __. _u u u u ___u _U _ U _...
10.
Deleted:oE $275
Deleted:
Deleted:shall be the same
(rate charged temporary water
service outlined
Deleted:Section
Deleted:6 ---
Deleted:"
Deleted:b
Deleted:,
Deleted:"
Deleted:at the rate set
forth for temporary v.later
service
(
(
The tiered base rates for this category of
service are SUbject to the increased drought
pricing outlined in Section 25.03 D.
,,
I /
The rate for metered water furnished under this ,'/
category.is as set forth if!Appendix A")_5_._0)u __u<',
E.10y•(c,)"FJ_U_s_.?_!.U9P~tJ.J.Y_~y~t~~_co1"!~:r:.lleas set ----of>:.forth in Appendix A,25.03.C;,.~;,
"',,,
Customers applying for this service shall pay an
application fee as set forth in Appendix A,25.03
E.10 'y(b)"u _TAe_Dj.5l~.!'~~L ~.qb _~~,!::i,~\'{._t)le._.""
application to determine whether the land to be -
served should be annexed to an improvement
district If it is determined that annexation is
not practical,the Board of Directors may
authorize service as an outside user.This
service will be reviewed periodically until it is
determined that the property must be annexed to
an improvement district or that service must be
terminated.
(c)
(b)
25-7 Revised 08/24/09
Effective 09/01/09
(d)Upon approval of the Board of Directors,a cus-
tomer,who has paid all construction costs for
facilities necessary to serve the customer's
property in lieu of annexation to a water
improvement district,shall be exempt from the
provision for this category of service.
11 SERVICE FOR FIRE PROTECTION
(a)Defined as:Water service provided by the Dis-
trict solely to feed fire hydrants or fire
sprinkler systems from lines or laterals con-
nected to District water mains.
(b)The District will not make a charge for the
quantity of water used for fire protection
purposes.
-1 Formatted:Space After:Opt,Line
spacing:single
Deleted:
Deleted:shall be $30.11 per
month
(c)The monthly system charge for this category
_____of service is set forth in Appendix A,25.03
E.l1 ..(cl.for each connection to a District water _
main made--{o-r--flre-protectIon -service-.-- - - - - - - - - ----
12.WATER SERVICE TO PROPERTY NOT SUBJECT TO DISTRICT
TAXES
(a)Pursuant to Section 71613 of the California Water
Code,the District may furnish water to property,
not subject to District taxes,at special rates,
terms and conditions as are determined by the
Board of Directors for such service.Such rates,
terms and conditions shall be uniformly applied
to like classes and conditions of service in the
same improvement district or geographical area.
(b)Customers in this category,such as publicly-
owned establishments,shall pay an additional fee
as outlined in Appendix A,25.03 E.12 .•(b)~'n __~_<::->=D=e=le=t~ed~:~~~_~====<
13 INTERIM WATER SERVICE IN IMPROVEMENT DISTRICT 7 Deleted:$.29 per H.C.E'
Rates for Interim Service Customers applying
for interim service in ID 7 shall not be required
(a)
(b)
(c)
Definition of Interim Service.This is water
Service furnished to a customer in Improvement
District 7 (ID 7)for temporary use.,I,
I,
I,,
/I ,
to pay the ID 7 water capacity fee and San Diego "'I.c:~lII!tY._~a_t_e_r_JI...u...tll.9fl-ty _:f~~L _~~_:r:~q~~r_e_d__u_nAe_r.:',','
Section 2801 of this Code.The water rate is set ,",
forth in Appendix A,25.03s E.13 .•(b).n J',;'/
y ---------~-----------------------------pConversiontoPermanentService.At such time as
use expires,the customer shall be required to
Deleted:
Formatted:Indent:Left:2.5"
Deleted:
Deleted:~
Deleted:1
.Section 28.01 of this
Code The ~vater rate .1
shall'll
be the same as
temporary and construction
water.lI
25-8 Revised 08/24/09
Effective 09/01/09
pay all fees in effect at the time the permanent
use is implemented.
Deleted:of $0.08 per H.C.F.
for water furnished by the
District;provided,however,
the additional charge shall
not apply to the first 5
H.C.F.furnished during the
billing cycle for the
customer's account under
Section 25.03 E.1 DOMESTIC
RESIDENTIAL WATER.
Deleted:
Deleted:of $0.038 per 100
cubic feet of water for each
100 feet of lift or fraction
thereof above the base
elevation of 450 feet
2.All proceeds from charges collected pursuant to this
Section 25.03 G.shall be set aside by the District in
a separate account and shall be used solely for
payment of costs and borrowings for construction,
installation and maintenance of water storage
reservoirs,pump stations and water lines to provide
service in the North District.
1.In addition to other applicable water rates and
charges provided for in this Section 25.03,each
customer receiving water service in the North District
shall pay a charge as set forth in Appendix A,25 03
~__'r:ll~J!o_zt_h_PJ_st_rj..s:.L §'~~<:i_b~_ci~~i)~~C!_l"T!,_S_e_c_tJ9.P:.-"- "
0.02 of this Code
G.
F.Energy Charges for Pumping Water
In addition to water rates and other charges provided for
in this Section 25.03,customers shall be charged an energy
pumping charge based on the quantity of water used and the
elevation to which the water has been lifted to provide
service.The energy pumping charge shall be made at the
rate set forth in Appendix A,25.03,F.,__
Additional Water Charge for Service in the North District
H.Additional Water Charges and Monthly System Charges ,for -
Service in the ID 9 Water Service Zone
Deleted:and Monthly System
Charges
2.In addition to the monthly system charges provided
for,effective May 1,1986,each customer receiving
water service in the ID 9 Water Service Zone shall pay
a monthly meter system charge eS outlined in Appendix __
A,25.03 H 2 ...,{o_r_~.a.s:p._!fi~!:~~J.D-~~r:,,-t.<:<~.~--
1.In addition to other applicable water rates and
charges provided for in this Section 25.03,effective
May 1,1986,each customer receiving water service in
the ID 9 Water Service Zone shall pay a charge set
forth in Appendix Ai....25.03 H.l..__1'tl~_:I;.Q_~_w.a_t_e_r~_
Service Zone area is defined in Section 0.02 of this
Code.
3.All proceeds from charges collected pursuant to this
Section 25.03 H shall be set aside by the District in
a separate account and shall be used solely for pay-
ment of costs and borrowing for construction,
installation and maintenance of water storage reser-
voirs,pump stations and water lines to provide ser-
vice in the 10 9 Water Service Zone.
,,
Deleted:of $0.27 per H.C.F.
of ';later furnished by the
District;provided,however,
the additional charge shall
not apply to the first 5
H.C.F.furnished during the
billing cycle for a
customer's account under
Section 25.03 E.l DOMESTIC
RESIDENTIAL WATER.
Deleted:of
Deleted:.
Deleted:$2.00
25-9 Revised 08/24/09
Effective 09/01/09
Formatted
25.04 PEPOSITS BY LESSEES OR NON-OWNERS OF PROPERTY _
Deleted:DEPOSIT
Formatted r:::r2'41
Formatted r:::f25f
Formatted r:::r26f
Formatted r.::rm
Formatted r:::r28f
Formatted t.::"1'29f
Formatted CITiil
Formatted cr3if
Formatted r.::rm
Formatted CT33f
Formatted r:::TI41
Formatted Cllif
Formatted r::TJ6f
Formatted Cllil
Formatted r:::r3af
Formatted Cillf
Formatted r:::r4of
Formatted C'f4tf
Formatted I.:l'4if
Formatted Cf43f
Formatted r:::r44l
Deleted:T
Deleted:
Deleted:'I
Deleted:'I
,,,,,
In addition to other applicable water rates and
charges provided for in this Section 25.03,effective
May 17,1993,each customer receiving water service in
ID 3,ID 10 and La Presa Water Service Zones is
assessed an additional charge per H.C.F.of water
furnished by the District Said surcharge is assessed
as set forth in Appendix A,25.03 1.l..(a),.(b),and
~
AMOUNT OF DEPOSIT
I
I
JI
JI
'/j
IJI
When an application for water service is made by a cu~
who does not own the land to be served,the customer ~'
be required to make a cash deposit to assure payment~~~,,,~---==-----~~~~
account.In lieu of a deposit,the customer may have!""
payment of water service bills guaranteed in writing:~
•~11J1..owner of the property.The amount of deposlt,deteDm~
by the size of meter is outlined in Appendix A,25.d;~:{·
«IIi'l
tJ/J11 1tJfll/
'/111
,.11 .-~.::'
l.."--l.b.~_r:;1!~t:()J:!l~~~s._c!':.~o_s_i_t_,sh_all_!?e applied to reduce or ."~~~~',
satisfy any delinquent payment-or'other 'amo~nCdu'e''th'e-- - - - -":,'~~~,\
District at the time of termination of water service to ..,_.~'~,'~:,\
the customer.Any portion of the deposit remaining!...after "':,':,\
satisfaction of the amount due_,shall be refunded to the ",\\,"customer that made the deposit ""y-- -- - - - - - - - - - - - - - - - - - - - - - - -~\II\
\\\\
\\\'
\\\,',',,
1.
Additional Water Charges for Services in the ID 3,ID 10
and La Presa Water Service Zones.
The deposits listed above may be waived for a new resi-
dential applicant where the applicant demonstrates credit
worthiness based upon prior utility payments or a non-
.~~~~~g1!~~t:_I':'~t:.e.~_a_c,c,oy.n.t-__f?r 0!1~_Y~Cl~_or C?t:.~e.~,s.i_~i_l_a.r.__
evidence of credit.
,>-~~~__~__:=d..o;,;,,~
,Deleted:according to t,,>=-~~-';;""=....b,;.:.:..1.=-<
, ,Deleted:
"II)-_-~=-----~-(,"Deleted:(
I 't,>-_~=~~====<
+ ,II Formatted/,:,,~=~=..l.,;.:.:..1.~
",,',Deleted:1
,'r:',f.Formattedjll/~
':''"'\Formatted ...'.IJI I ;=;=~;;;;;,;;;;;;=~===.!:;,;,;,,!;~I,/'11 •Deleted:1
T_lf It~J,'}-=~~~=---~~--{
,'I,J I Formatted ~
- - -_....J~J1/~I Deleted:b.10 101 ~1 ...11611111;'+,.'Deleted:2.The additio"-----=-...1'-'-,.----------,-coiiected-p~rsuantt'o"t'ills --~~_'1.../171~;,- -~~~tI~~~i~~d'/i~-m-sh~lf9b~set'aside 'by'the'O'i'str'ic'i:'ln"-'\'Formatted Cfi8f
, 'Formatted CTi9faseparateaccountandshallbeusedsolelyfor\\
payment of costs and borrowings for.construction,.,.__ 'Formatted r:::r201
installation and maintenance of wat~r storage,'~.:-Formatted r:::12if
reservoirs,pump stations and water lines to provide ,Formatted r:::rili'.~service in the ID 3,ID 10 and La Presa Water Service Deleted:construction'I ...I231
Zones,respectively.
A.
1.
25-10 Revised 08/24/09
Effective 09/01/09
~~REFUND OF DEPOSIT --i_D_e_1e_te_d_:1 ~
Where funds have been on deposit for twelve months in a
domestic service account and there has been no more than
one delinquent payment on tha~account during that period,
the District will apply a credit to the water account in
the amount of the deposit.
C.LETTER OF CREDIT
A letter of credit,in a form approved by the General
Manager or Department Head of Finance,may be submitted to
the District to satisfy the deposit requirements.
25.05 SERVICE TO SUBSEQUENT CUSTOMERS
After a water meter has been installed for a customer and all
fees and charges have been paid,water service may be furnished
to a subsequent customer through the water meter installed
without payment of further charges,except for the set-up fee
for transferred accounts,payment of delinquent charges for the
applicant's service or other deposits that may be required by
this Code.
25-11 Revised 08/24/09
Effective 09/01/09
Page 25·2:[1]Deleted SusanA
Meter
11/6/200911:25:00 AM
System MWD &CWA Total F:
Pa.ge 25-;3:[2]Deleted
Size
3/4"
1"
1-1/2"
2"
3"
4"
8"
10"
_______susana
Charge
14.58
18.52
28 37
40.18
71 68
107.13
205 59
323.73
461 57
Fixed Charge
9.77
16.28
32.61
52.15
104.30
162.98
325.92
521.51
749.61
11/9/200910:15:00 AM
Charg
24.3!
34.8(
60.9~
92.3:
175.9:
270.1
531.5
845.2·
1211.1
The four tiered base rates for water
furnished under each block of
service under this category shall
be as follows:
Rate per
H.C.F.H.C.F.
1-5 $1.35
6-10 $2.10
11-22 $2.73
23 and over $4.21
Customers who use more than 10
units per month shall not receive
the benefit of the lower rate for
units 1 through 5.These
customers will pay Tier 2 rates,
$2.10,for units 1 through 10.
Page 25-3:[3]Deleted SusanA 11/6/2009 11:25:00 AM
H.C F per Rate per
Dwelling unit H.C.F.
1-4 $2.08
5-8
9 and over
$2.70
$4.15
Page 25-3:[4]Deleted SusanA
H.C.F.(meter
size:less than
10")
1 -173
174 -831
832 and over
11/6/200911:25:00 AM
H.C.F.(meter size:
10"and greater
1 -7,426
7,427 -14,616
14,617 and over
Rate]
H.C.]
$2.2
$2.2
$2.3
Page 25-4:[~]Deleted
H.C.F.
SusanA
H.C.F.
11/6/2009 11:25:00AM
H.C.F
(Meter
Size:1"
and less)
1-49
50-132
133 and
over
(Meter Size:1.5
through 2")
1-144
145-355
356 and over
(Meter Size:3"
and Larger)
1-1,044
1,045-8,067
8,068 and over
H.C F.
----::-::--:-::-------------------------------::---Page 25-4:[6]Deleted SusanA 11/6/200911:25:00 AM
H.C.F.H.C F.H.C.F
(Meter Size:
1"and less)
1-42
43-97
98 and over
(Meter Size:
1 5 through
2")
1-168
169-402
403 and over
(Meter Size:3
through 4")
1-403
404-820
821 and over
(Meter Size:6"
and larger)
1-7,916
7,917-16,357
16,358 and over
Page 25-4:[7]Deleted SusanA
Meter System
Size Charge
11/~/200911:25:00 AM
3/4"
I"
1-1/2"
14.58
18.52
28.37
Page 25-6:[8]Deleted
2"40.18
3"71 68
4"107.13
6"205.59
8"323.73
10"461.57
SusanA 11/6/2009 11:26:00 AM
Meter Deposit
Size
4"$850
Page 25-10:[9]Formatted susana
Indent:Hanging:0.5",Space After:0 pt,Line spacing:single
11/9/2009 10:26:00AM
Page 25-10:[10]Deleted susana 11/5/2009 2:52:00 PM
according to the following schedules:
Page 25-10:[11]Formatted susana
Indent:Hanging:0.5",Space After:0 pt,Line spacing:single
___11/9/2009 10:26:00 AM
Page 25-10:[12]Deleted susana _______1=1"'/"=9,/2009 10:26:00 AM
a.IO 3
Calendar Year
2009
2010
2011
2012
2013
Page 25-10:[13]For atted susana
Indent:Hanging:0.5",Space After:0 pt,Line spacing:single
Page 5-10:[14]Formatted susana
Indent:Hanging:0.5",Space After:0 pt,Line spacing:single
Amount
per H.C.F.
.17
.18
.19
.20
.21
11/9/2009 0:26:QO AM
11/9/2009 10:26:00 AM
Page 25-1Q;j15]formatted susana
Indent:Hanging:0.5",Space After:a pt,Line spacing:single
__-:11/9/2009 10:26:Q M
Page 25-10:[16 Delet(!d
b.
c.
susana
10 10
Calendar Year
2009
2010
2011-18
La Presa
Calendar Year
2008-10
2011-13
11/5/2009 2:51:00 PM
Amount
per H C.F-
.25
.26
.27
Amount
per H.C.F
.07
.08
Page 25-10:[17]Deleted
2 .
3
SusanA 11/6/2009 10:51:00 AM
The additional charge shall not apply
to the first 5 H C.F,furnished during
the billing cycle for a customer's
account under Section 25.03 E.1.
DOMESTIC RESIDENTIAL WATER.
Page 25-10:[18]Fonnatted susana
Indent:Hanging:0.5",Space After:a pt,Line spacing:single
Page 25-10:19]Form tted susana
Indent:Hanging:0.5",Space After:a pt,Line spacing:single
Page 25-10:[20]Formatt;~d susana
Indent:Hanging:0.5",Space After:a pt,Line spacing:single
11/9/2009 10:26:00 AM
11/9/200910:26:00 AM
___11/9/2009 10:26:00 AM
Page 25-~0:[21]0 atted susa a
Indent:Hanging:0.5",Space After:a pt,Line spacing:single
11
Page 25-10:[22]Formatted
Not Highlight
SusanA 11/6/2009 10:58:00 AM
Page 25-10:[23]Deleted SusanA
construction,
inst
11/6/2009 10:57:00 AM
Page 25-10:[26]Formatted sana
Space After:0 pt,Line spacing:single
Page 25-10:[27]Formatted
Space After:0 pt,Line spacing:single
Page 25·10:[2m Formatted
Space After:0 pt,Line spacing:single
Page 25-10:[29]Formatted
Space After:0 pt,Line spacing:single
I Page 25-10:[30]Formatted
Space After:0 pt,Line spacing:single
Page 25-10:[31]Formatted
Space After:0 pt,Line spacing:single
Pa e 25-10:[3~2]Formatted
Space After:0 pt,Line spacing:single
Page 25-10:[133]Formatt;ed
Space After:0 pt,Line spacing:single
susana
susana
susana
susana
susana
usana
susana
11/?/2009 10:27:00 AM
_~11/9/2009 lQ:27:00AM
11/9/200910:27:00 AM
__~---,,-11/9/2009 10:27:00 AM
~11/9/2009 10:27:00 AM
11/9/200910:27:00 AM
11/9/2009 10:27:00 AM
single
single
susana
susana
1~/9/2009 10:27:00 AM
_~ilJ9/2009 10:27:0Q AM
Page 25-10:[36]tted
Space After:0 pt,Line spacing:single
s s a __~-,1=lo./_=9,/2009 10:2 :00 AM
Page 25-10:[:37]Formatted
Space After:0 pt,Line spacing:single
susana::.-~_tll9/2009 10:27:00 AM i
single
susana 11/9/2009 10:27:00 AM
Page 25-10:[39]FQrmatted
Space After:0 pt,Line spacing:single
susana ______11/9/2009 10:27:00 AM
single
susa a 11/9/2009 10:27:00 AM
Page 25-10:[41]Formatted
Space After:0 pt,Line spacing:single
P..age 25-10:[42]Formatted
Space After:0 pt,Line spacing:single
susana
susana
11/9/2009 10:27:00 AM
11/9/2009 10:27:00AM=:]
Page 25-10:[43]Formatted susa
Space After:0 pt,Line spacing:single
Page 25-10:[44]Formatted
Space After:0 pt,Line spacing:single
susana 11/9/2009 !QiZl:00 AM
SECTION 28 CONNECTION FEES AND CHARGES FOR POTABLE OR RECLAIMED
WATER SERVICE
28.01 COLLECTION OF FEES AND CHARGES
A.Fees and Charges to be paid by the Customer.
The following fees and charges shall be paid by the ..- - --(Formatted:Indent:First line:0.5"
customer to connect to a District water system for potable
water or reclaimed water service;these are in addition to
the fees and charges in Section 9 and 25.Fees and charges
shall include,but not be limited to,District fees,San
Diego County Water Authority fees,applicable zone charge
and charges for work performed by District personnel on
behalf of the customer.These charges may include the
installation by District personnel of a water service
lateral,and inspections required due to the requirement of
a back flow device.These charges may also include a meter
fee,installation fee (where lateral exists),lateral fee,
meter box fee,and excavation permit fee.
B.Basis for Determination of Connection Fees and Charges.
The fees and charges shall be determined as follows:
1.For permanent water meters,including potable or
recycled irrigation service,the total water
connection fee shall be determined on the basis
of the demand to be placed on the District water
system.The extent of demand will be determined
on the basis of the size of the water meter,as
set forth in Section 27 of the Code.The water
connection fee will be determined by multiplying
the demand factor,as set forth below,for the
meter size by the total of the District-wide
capacity fee and applicable zone charge.
-(Formatted:Indent:First line:0"
Meter Size
3/4"
1
1-1/2"
2"
3"
4"
6"
8"
10"
28-1
Demand Factor
1
2-1/2
5
8
16
25
50
80
115
Deleted:District-'ll
wide'il
Improvement Capacity
Zone Total l'later'll
District.Fee
Charge.Capacity Fee1:
~
La Presa.$4,120.00
$4,120.00~
2 4,120.00
4,120.001
3 4,120.00
4,120 001
.5 4,120.00
4,120.001
7 4,120.00
4,120.00~
9 4,120.00
4,120.00~
ID 9 Zone 1655 4,120.00
$19,430.00.23,550.00~
10 4,120.00..4,120.001
19 4,120.00 4,120.00~
20 4,120.00
4,120.00~
22 .4,120.00.4,120.00~
25.4,120.00
I 4,120.00~
I
I 22/27 4,120.00 4,120.00\i,(excluding Triad)~
i,Triad 3,102.00 3,102.001,~
I,Formatted:Indent:Left:2",Tabs:
"2",Left
"
\Formatted:Indent:First line:0.5"
Deleted:Water meter sizes of
3/4-inch through 2-inch,shall have the following
I fees and charges for,installation of a ~·later,meter:.
Deleted:- - - - - -Page Break-- - ---
1
Meter Meter Meter~
Size Fee
I Box+_Installation.Totan
\-1-
1 3/4"$59.00 $47.00 $60.00 $1
"66.001
""1".117.00.47.00 60.00.224.001I~'
\1\\1-
\1\\1/2"250.00 61.00 103.er::l'iT,~
"Deleted:1•,Deleted:,,Formatted:Indent:Left:1"1
\Deleted:,
Deleted:4
- -....,
\
be
The District-wide capacity fee and the applicable zone ~,'L ~~
charge shall constitute the "base rate."For fees or ,
charges after January 1,2003,the base rate shall be :
adjusted quarterly for fluctuations in construction ~
costs,as measured by the Engineering News Record ~
Construction Cost Index for the Los Angeles Region.'
The ENR Construction Cost Index of 7,402.75 (as of :
January 1,2003)shall be deemed the "base index.":
The adjustment shall be in an amount equal to the :
percentage change in the ENR Construction Cost Index
from the base index for the period from April 2,2003
to the date of payment.
If the customer wants to change the meter/service size,
they will be credited with the number of equivalent
dwelling units they have previously purchased and will
refunded any balance per Section 28.0~_~L_"_~<2.~~.__J_Z_
additional equivalent dwelling units are required,the
customer will be charged based on 28.01 and 28.02
If a water meter/service has been paid for but not
installed,a customer may receive a refund of the
District's capacity fee and charges.If San Diego County
Water Authority capacity fees have been paid to San Diego
County Water Authority,the customer shall request a refund
from San Diego County Water Authority
B.
A.
METER FEE REFUND
INSTALLATION CHARGES FOR WATER METER AND WATER SERVICE LATERALS
28.03
28.02
,
\,
,,,
I
I,
size ;~:lfe~:r~~~:~i~~o~ft~~ei~~~~~a~~~~rp~~v~~~~i~~~~~eral '.\
~~:~~~1~t~~nd~~:;~:~;~e S:~~i~~r~~~~~g;e~~f~·A,T~~.02 'J ...:---------\l.J ,\1
~--1-t~f~_~_\i~t.~J;:J(.!e_~e_r_)_a_rg_e.F_!-P9~_~:~I!<;:J:.!_<2J;:_"__Il~~_w_a_t_e_r ~1'\'.
lateral is required,a customized,written estimate of the ~,
District's costs will be prepared.~\\
~\ 1 \--,,:r\:l~_g1}~t:<2I1)~J;:_~~,,_l)_AeEo_sJ.!:_!-.!J.~_~~t:~I1)~t:~<;!_C::<2.~t.~_wAt.h__t.h!'~\""
District prior to commencement of the work.If actual costs ~:"'.'
incurred by the District are less than the amount deposited,the ,~\,
District shall refund the excess to the customer.If the actual ~~"
costs incurred exceed the amount deposited,the customer shall '~I
reimburse the District for the additional costs.~I\,I,
111 1,I'",
II'
"",."",",,",;'do.,
"",
•,
28-2
28.04 FEES FOR CONSTRUCTION OF WATER FACILITIES FOR RANCHO JAMUL
PRESSURE ZONE 1655
There is hereby established a fee for construction of water
facilities that are required to provide water service in
Pressure Zone 1655 within Improvement District 9.The pressure
zone area is as shown on the map on file in the office of the
District Secretary.See Appendix A,28.01 B.1.for list of fees
per meter size.
28-3
-(Formatted:Indent:First line:0.5"
susa~n~__
......------------------·Page Break------------~~~~~~••------------------.
Meter Meter Meter
Size Fee Box*Installation Total
3/4"$59.00 $47.00 $60.00 $166.00
1"117.00 47.00 60.00 224.00
1-1/2"250.00 61 00 103.00 414.00
2"475.00 61.00 240.00 776.00
*Charge applies only when installation of a meter box
is required.
+-- --{Formatted:Left:0.5",Right:0.5")
SECTION 31 TEMPORARY WATER SERVICE
31.01 DEFINITION OF TEMPORARY SERVICE +-- -i Formatted:Indent:Left:0.38"
Temporary water service is water service provided for a Formatted:Indent:Left:1",First
limited period of time not to exceed 365 days,and used for ~1~in=e~·.=0.=5_"~
temporary purposes such as construction,hydrotesting water
systems,vegetation of slopes,and other uses noted in this
section.Temporary water service shall not be provided to
residential dwellings or commercial business enterprises.
31.02 REQUIREMENT OF TEMPORARY METER FOR SERVICE +-- --{Formatted:Tabs:0.38",Left
Formatted:Indent:Left:1"
Formatted:No underline
Formatted:Indent:Left:0.5"
Formatted:Indent:Left:-0.5"
Formatted:Indent:Left:1.5"
1.The size and location of temporary meters will be .,
determined solely by the District.
Temporary service may be provided after installation of a Formatted:Indent:Left:1",First
temporary meter pursuant to a customer's written application for L-lin_e_:_0_.5_"~
such service.Temporary service by means of a "jumper"or other
unauthorized connection to the District water system is
prohibited.
A 2~~~_~I}~_J;>~c.i!~~~f!..~'-'--
Deleted:B.
Formatted:Indent:Left:111
1
Hanging:0.5"
Deleted:Temporary service to
corrununity service
organizations shall be
provide under the conditions
I set forth in Policy 17I
Deleted:~
I CI
I Formatted:Indent:Left:1"\
Formatted:Indent:Left:1.5"
Filling of water trucks and drop tanks.
General construction requirements,such as backfill
and compaction,guniting and stuccoing,and block wall
building.
2.
1.
3.Flushing of storm drains and sewer lines.
2.For temporary service from a fire hydrant,a meter of +-- -i Formatted:Indent:Left:1.5"
at least 4"in size will be required.Only one 2~"
fire hydrant port per fire hydrant shall be occupied
by a temporary meter at one time.
b ==='~~iitpQi~iy =~~te:r =s=~r=v={c=e=}~9in= ~=n~~_6y~~~rit =ilia))=}>=e========~':<limited to the following applications:\ ",'
."'...\\\
II,
II ,
"II
"II,
I
4 Filling,hydrotesting,chlorination,and flushing of
newly constructed potable and reclaimed water lines.
5.Filling,flushing,hydrotesting,and the initial
operational coverage testing of reclaimed water
irrigation systems.Temporary service provided for
this application shall be limited to a maximum of 60
days
6.Operation of landscape irrigation for the
establishment of vegetation on slopes or other planted
31-1
areas.Temporary service provided for this
application shall be limited to a maximum of 180 days.
Item 5 and 6 above shall require the installation by +-- -{FOrmatted:Indent:Left:2"
the customer of a District approved and tested reduced
pressure backflow device prior to the temporary
service being established.The backflow device shall
be installed in plain view and within 3 feet of the
temporary hydrant meter.
& __T£?rnPC?~~~Y_s.e_r::~Ace__t_o__c.oJl_st~9.s:.t~()Il_t~~g~r::s._~r::_o_t_h_e_r___~_'-,-
temporary construction buildings shall be provided as
follows:
1.Through a temporary meter connected to the 1 or 2 inch
service lateral for the lot the trailer is placed on.
Deleted:D
Formatted:Indent:Left:1",
Hanging:0.5"
Formatted:Indent:Left:1.5"
Formatted:Indent:Left:1.5"
2.Where Item 1 above is not possible,through a
temporary meter connected to appurtenances other than
a fire hydrant,such as a blow off.
3.Where either Item 1 or 2 above is not possible,from a
temporary 4 inch meter connected to a fire hydrant.
Service to construction trailers or other temporary
construction buildings shall require the installation by
the customer of a District approved and tested reduced
pressure backflow device prior to the temporary service
being established.The backflow device shall be installed
in accordance with District requirements.
D.Temporary service to community service organizations shall
be provided under the conditions set forth below:
1.The community service organization shall make a +---
minimum payment for the temporary connection.~ee
Appendix A,31.02 D•.1.for charges 'L _ ____ __,
2.If the cost of the water used exceeds $25.DO"the .__:-'
community service organization shall pay the excess ':'
cost.See Temporary Water Service Rates in Appendix A,'
25.03 E.G (b)for rates per meter.
Formatted:Indent:Left:1.5"
Formatted:Indent:Left:1.5"
Formatted:Indent:Left:1.5"
Formatted:Bullets and Numbering
Deleted:of (
Deleted:B
Deleted:payment)for the
temporary connection.
Formatted:Bullets and Numbering
Deleted:(See Appendix A,
31.02 B.2.for amount)
3.
4.
5.
The temporary service shall be limited to 48 hours
within anyone month period.
The meter shall be installed by District staff.
The rate for water service shall be two times the
normal domestic rate.
31-2
+-- -i Formatted:Bullets and Numbering 1
+-- -i Formatted:Bullets and Numbering
+-- -i Formatted:Bullets and Numbering
~.g _~~¥_t!~~u,tl~~:r:.i_z_e_d__C_O??~s::'!=j.?!1~_?~~~c:>~~~c:ti,.~n _o_r__r_eJ_os::~~j.?!1_~>'"-)=D=e=l~et~ed~:~E;~~~~~
of a temporary meter,or other connection device is made by 'Formatted:Indent:Left:1",
other than District employees,District may discontinue ~Ha_n~g_in~g_:_0_.5_"J
further water service to the -entire project.
L ~}{t:.~~~~c:>~~_t~_t:.~e__t_i_~e__l_iE£lj.~:>_~~!~~~~c::~<:!_i,.~_t:.~i_s__s_e_c_t_i~!l ~_~-
may be made by the General Manager.Requests for time '
extensions shall be made by the customer in writing.
Formatted:Indent:Left:OS'
Deleted:F
Formatted:Indent:Left:1",
Hanging:0.5"
31.03 FEES AND CHARGES FOR TEMPORARY METERS
l\-'Temporary Service.,__},e.!ll.P9~9-~Y _~~t~l:,~E;)I''!~~e._~~a_lA .b_e ~-'~--{Deleted:
furnished to the property ow~er or the owners aut~orized ')=F=o=r~m~a~tt=e=d=:=In=d=en~t~:~~=ft=:~l="='~~
agent only and shall be provlded under the followlng Hanging:0.5"conditions :~-=---=--------------------'
Formatted:Indent:Left:OS'
Deleted:
Formatted:Indent:Left:1.5"'~
Hanging:0.5",Line spacing:single,
Tabs:Not at OS'+1"
Deleted:belo>J for the meter
size indicated.~
1
Meter Size Deposit1
1
3/4"$150~
1"1801
1-1/2"330~
2"445~
3"B50~,4"8501
\6"2,075,I
I Formatted:Indent:Left:asII
I Deleted:
I'
•Formatted:Indent:Left:1.511,,Hanging:0.56",I
I Formatted:UnderlineI
Deleted:~
\
\
\Formatted:Indent:Left:·0.5"\
Formatted:Indent:Hanging:2.5"I
Deleted:
\
\Deleted:
Formatted:Indent:Left:·0.5"I
Deleted:
\
Formatted:Underline
Formatted:Underline
Deleted:,including backflow
certification,
Formatted:Indent:Left:OS'
cost of installing,moving and removing the
up and remove a temporary meter are set forth in
Appendix A,31.03 A.4.
~emporary Meter Set-up &Removal.The charges to set-4.
__c)
a)
meter;
.,
Requirement of Deposit.At the time application is ,_-
made for temporary service~-the"customers'ha'ii d'eposit'--,
with the District the amount set forth in Appendix A,
31 .03 A.1.•__________ __'_
from one location to anothe~see Appendix A.,31.03
A.5.
5.~emporary Meter Move Fee.If a meter needs to be moved
2:~,Delinquency.__tl9,t~Ill2<2I':~I':Y_llle.t_e_r_s..s.h_a}}_.b~_f~Lr;!l:i,sl]E;)~_.'".'\
to any person with a delinquent account with the "
District.~\\'
";}~Refund of Deposit or Additional Payment..Yp9!l \\\
cancellation or termination of the temporary service,I ',,,
the District will refund the amount of deposit "\\~,'
remaining after making the following deductions:,,\~
\ \\,,.."
I "I •
\ I
, I
..I.'
I "
\ I
I \ I
I I-\\
....~\\unpaid charges for water used or other applicable ';,I
-'-...J 1li!:r~ge.s_._, _ ________________ , ,'~\
_____b)cost of repairing or replacing the meter,fire
i -...,.-"""..J,hyqJ;'.ant,..Cin.d/o.r .apY.:f:itq f!.g 5;(;la.Illa..g.ed.ox .l.ost
while
--I--------------------------------r=.Tl._qs.e.;..and, .
31-3
.Deleted:
•Formatted:Indent:Left:1",
Hanging:0.5"
-Deleted:
Deleted:(
Deleted:.D.5 -TEMPORARY
\;ATER SERVICE.I
Formatted:Indent:Left:OS'
Formatted:Indent:Left:1",
Hanging:OS',Numbered +Level:1
+Numbering Style:A,B,C,..+
Start at:1+Alignment:Left +
Aligned at:OS'+Tab after:0"+
I Indentat:0.75"
Deleted:\
\Deleted:instead\
\Deleted:of,,Formatted:Indent:Left:1"\
Formatted:Indent:Left:1",
Hanging:OS',Numbered +Level:1
+Numbering Style:A,B,C,...+
Startat:1+Alignment:Left +
\Aligned at:OS'+Tab after:0"+,Indentat:0.7S"",Formatted:Indent:Left:1",
Formatted:Indent:Left:1",
Hanging:0.5",Numbered +Level:1
+Numbering Style:A,B,C,.+
I Start at:1+Alignment:Left +,I Aligned at:0.5"+Tab after:0"+
,'."Indentat:0.75"
"Deleted:.0.5.I'
"Formatted:Indent:Left:1"
Formatted:Indent:Left:1",
Hanging:OS',Numbered +Level:1
+Numbering Style:A,B,C,...+
Start at:1 +Alignment:Left +
Aligned at:OS'+Tab after:0"+
Indentat:0.75"
-~""-....
.,,,,,
- -~~\,--
\:~,
\
\
I
in---"\,
II
.\\\\
III
+\\\\,I'\\-\\\
....\l"
\\il '
.,\\\\
1\"\\\\
\\\"\-".,1 \ \
II II
~\\II
III II
1\\\\
HI It
11\\~
1\\,
11\\
\II
11\
\II
n'
annexed into an
pay the capacity and
<:!~e()si_t._Cl:-n~oy_n_t_shown
",
II'
\II
\1\
\I
Customers electing this type of temporary service shall be
credited the number of equivalent dwelling units they have
previously purchased when the meter(s)is returned to the
District.The credit shall be applicable to permanent
meters purchased within the same subdivision or development
where the temporary meter was used.
Payment for this type of temporary service shall be in
accordance with the rates and charges set forth in Section
25.03 E.4(c).,_____
Capacity and annexation fees for this type of temporary
service shall be calculated in accordance with Section 28.
Customers,whose property has been
Improvement District,may elect to
annexation fees,.in addition to .the
Section 31.03 A.l.
D.
C.
B.
A.
PAYMENT OF CAPACITY AND ANNEXATION FEES FOR TEMPORARY METERS
J3~Rates for Temporary Service.__1?il.YI!l~I}t::t::~r:..te_m.Eo_r_a_ry_.w?!:.ef'
service shall be in accordance with rates and charges set
forth in ile.~tAo_n _2_5_.9)E.6 .,(b)"_
31.04
31-4
SECTION 33 GENERAL REGULATIONS FOR US~OF WATER METERS
33.01 FURNISHED AND INSTALLED ONLY BY DISTRICT
Water meters used for service from a District water distri-
bution system shall be furnished and installed by the District.
Meters will be furnished only for use for a specific parcel of
land.Master meters and meters for irrigation purposes may be
furnished for more than one specific parcel of land upon the ap-
proval by the District.The Fees and charges are set forth in
Appendix A,28.02.,___ _
....---,
The District shall retain title to all meters installed
within the District Payment by a customer of installation fees,
capacity fees,meter charges,connection charges or any other
fees or charges shall not transfer ownership of a meter from the
District to the customer.
,,,33.02
33.03
OWNERSHIP OF METERS
RELOCATION OF METERS
-Deleted:Refer to
Deleted:Section 28 of this
Code
Deleted:for fees and
charges.
With prior District approval,water meters may be moved at
the request of the owner from one location to another location on
the same parcel or within the same tract owned by the customer
upon payment of an amount determined by the District.
33.04 METER TURN-OFF REQUESTED BY CUSTOMER
At the request of the customer,a water meter may be turned
off and locked without charge;provided,however,the system
charge shall continue to apply.
33.05 REMOVAL OF METERS
b.!Abandonment of Service.'I'.1l~-'~~~tJ;::i.:.c;tJ~I<?Y_f~J!lQY~_?J?Y ~~--Deleted:
water meter where the customer has abandoned water ser-'>-Fo=r=m~att~ed~:-I-nd-e-nt-:~Le~~~:~0=.5="='--~
vice through that meter.Hanging:OS'
...._...._-Deleted:
Formatted:Indent:Le~:OS',
Hanging:0.5"
~.!Permanent Removal of Meters for Agricultural or Irriga-~~_
tion Service.When service is no longer required,me-'
ters for agricultural and irrigation service may be re-
moved upon the request of a lessee who paid the fees
and charges (or upon request of the owner if the lease
has expired),or upon the request of the owner if the
fees were paid by the owner.
~.!Request for Removal of a Water Meter After Installa-
tion.If,after installation of a water meter,a re-
quest is made by a customer for the removal of that wa-
ter meter from service,the customer shall be credited
with the number of Equivalent Dwelling Units ("EDU")
33-1
Deleted:
Formatted:Indent:Le~:0.5",
Hanging:0.5"
for that meter size.If thereafter a request is made
for the installation of the same size water meter at
the same location,no capacity fee shall be due.If
the customer's request is for a larger meter,.?1L.<:::?=_---1Formatted:Not Highlight
pacity fees and charges per 28.01 and 28.02 shall be
due and payable for all EDUs,less the EDU credit for
the meter previously removed No refund shall be due
or payable for any portion of a capacity fee previously
paid.The customer shall pay any expenses incurred by
the District for removing and replacing the meters
Deleted:
Formatted:Indent:Left:OS'
Deleted:
Formatted:No underline
Formatted:Indent:Left:-0.5",
Deleted:s
Deleted:If after removal of
the meter,water service is
subsequently requested for
the same address or loca-
tion,service will be re-
sumed only upon payment of
the following:,,-
Deleted:~
1
1-all charges that were
delinquent at the time of
removal of the meter and~
'I
2.the District's then
current charges for meter
installation of the size to,be installed for the resump-,tion of serviceI
Formatted:Indent:Left:1"
Deleted:,
Formatted:Indent:Left:OS'
Deleted:
Formatted:Indent:Left:OS',
Hanging:OS'
Deleted:in accordance with
the
Deleted:following,
Deleted:schedule,
Deleted::,
Deleted:Meter Size De-
posit1
1
.5/8 "x 3/4",3/4"and
1"$25.00'1
I 1-112"and 2"$50.001
"3"and larger $125.00,I,Deleted:,
Formatted:Indent:Left:0.511,
Hanging:OS'
ADJUSTMENT FOR METER INACCURACIES
R~ADING OF METERS
,,
If the request for such service is made more than six ..,'.
months after removal of the meter,the request shall be,'
processed as a new order for service and all applicable \ '
fees and charges for a new service (except for capacity \
fees)shall be due and payable.\,,
\,,
I
I
Meters shall be read once each calendar month.
~--
"-- - -\,,
~-------------------------------------------~-----------,\J3.Results of Meter Test.If lpon testing,the meter does·"'.
-----not register more than-five percent-(5%)-in-ex~ess-;f---\~'.'
the rated calibration for such meter size,the deposit \'.
shall be retained by the District.If the meter so \
tested registers more than five percent (5%)in excess ~
of the rated calibration for such meter size,the meter ~
will be replaced by the District and the deposit shall ~
be returned to the customer.No adjustment in billing \
shall be made for excess registration during any period
prior to 120 days before the request for the test.
b~Customer Request for Meter Test~__~_~~~tC2~~~_~?y_~~=_~~~
quest that the meter for the customer's service be
tested for accuracy upon making a deposit with the Dis-
trict,The d~posit is set forth in Appendix A,33.07 A.
per meter size '.
.tJE?tE?!-'§_9!-'~__r~.?-9-__e_a_c_h__t)}lle__a_}lle_t_~:t;:,_.i"~_'~t.l!r:~~c!:C2Tl ~_()~"turned-..
off"and when water service is established as a new ~~~;~~E:-~~
",'
33.07
33.06
I .P,---Removal of Meters for Delinquent Payment of Water ~.<
"------~--_---=-S-L.y§.temCharges '__)X _a_~_o.V{,~~r:l~l!~t.<21'!!~r:_r:~1'!!~~Tl~_g.~HI}=_~'--I quent in the payment of water charges or system charges '\,-
after written notice of delinquency from the District,',:
the District may remove the owner/customer's water me-\'
ter.Refer to Section 72 for additional information '
re ardin the rocedure fur removal of the ~ters.The
fees and charges are set (orth in Appendix A,72.0~
~~------------------------------------------------~
33-2
f~Failure of Meter to Register During Service.__§~9y!g ~~_
any meter in service fail to register during a billing
period,a bill will be issued by the District for the
estimated amount of water used during the period of the
meter failure,based on prior use under that account.
I L _
33-3
Deteted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
Deleted:33.08 AMAGI.NG OR
TAMPERING WITH MET~
~
Formatted:Indent:Left:0",First
line:0",Tabs:Not at 0.5"+1"
Deleted:
Deleted:A.Tampering Punish-
able as Mlsdemeanor.Cali-
fornia Penal Code Section
499 provides as follows:
"Every person \>lho,with in
tent to injure or defraud,
connects or causes to be
connected,any pipe,tube or
other instrument,"lith any
main,service-pipe or con
duit or flume,for the pur-
pose of taking water from
such main,service-pipe,
conduit or flume,without
the knowledge of the owner
thereof,and with intent to
evade payment therefor,and
every person who,Vlith in-
tent to injure or defraud,,injures or alters any water
I meterI water meter seal,
"
service valve,or other ser-
"vice connection,is guilty
"
of misdemeanor."1:'~
"
"Deleted:,',Deleted:B .Lock-ing or Remov-
"ing Damaged or Tampered Me""ters.1ilhenever the General
"Manager has determined that
"a water meter has been dam-I"aged or tampered with,~I,
"such a manner that the ...1'I,'i,Deleted:,the charge shallII,be as follOvls:~II em,',1,'I Deleted:See Appendix A,II
hIll 33 .08 B.2.(a)for charges.'II 1 c--m-'II1111 Deleted:followingIll'
'II Deleted:exception in Appen-'fll
1111 dix A,33.08 B 2 (bl'b;-'I ~'I,'I,Deleted:Broken Tabs'i $265.00~'I
"Deleted:'II'II .c).For 3",4"and 6II,meters,the charges li~,Deleted::I
I,Deleted:~
'II
installatCf6]3._A meter
Formatted:Not Highlight
Page 3:[1]Deleted s4sana 11/23/20093:06:00 PM
B Locking or Removing Damaged or Tampered Meters When-
ever the General Manager has determined that a water meter
has been damaged or tampered with,in such a manner that the
meter does not properly register the consumption of water,
the meter shall be locked or removed.The meter shall not
be opened or reinstalled for service until all of the fol-
lowing charges have been paid:
1.Outstanding water bills for the property be-
ing served by that meter;
2.A charge for servicing or repairing the meter
in accordance with the following schedule:
a)For 3/4"and 1"meters
Page 3:[2]Deleted susana
,the charge shall be as follows:
11/23/20093:06:00 PM
Broken Lock/Locking Device
$56.00
Cap Lock (Welded)
158.00
To Pull and Reset Meter
170.00
Broken Curbstop or Tabs
192.00
If Customer Uses Jumper
149.00
Page 3:[3]Deleted susana
See Appendix A,33.08 B.2.(a)
11/23/20093:06:00 PM
for charges.
b)For 1-1/2"and 2"meters,the charges
listed in a)above shall be the same with the
Pi!ge 3:[4]Deleted susana
exception in Appendix A,33.08 B.2.(b).
11/17/200911:59:00 AM
Page 3:[5]Deleted susana 11/17/2009 11:46:00AM
c)For 3",4"and 6"meters,the charges
listed in a)above shall apply with the following exceptions
listed in Appendix A,33.08 B.2.(c)
I Page 3:[6]Delete~sl,!sana 11/23/20093:06:00 PM ]
3.A meter installation fee in accordance with
Section 28;and
4.A charge for estimated quantity of water con-
sumed but not paid for since the last regular correct read-
ing,which shall be determined on the basis of prior use un-
der the customer's account for the damaged or tampered me-
ter.
SECTION 34 ISSUANCE AND PAYMENT OF WATER BILLS
34.01 ISSUANCE,DUE DATE AND FINAL PAYMENT DATE OF
STATEMENT OF CHARGES FOR SERVICE
A·_.._Issuance of Statements~_Statements for water _-
service or other charges win~be rna11e·cfo·i i>r·e-s-e-ntecl ~
as soon as practicable after the water meter has
been read and the applicable charges have been
determined.
Deleted:.
Formatted:Indent:Left:0.5",
Hanging:0.5"
J3!..Due Date ~__~i:J.<;tl_?t?t~~~IYL j.5'5'Y~9~py_.~Ae_pi_s_t_rJ.c_t"_(o_:L..-->-">=De_l_et_e_d_:_.~~~_~~~-<
such charges shall be due and payable on the date of 'Formatted:Indent:Left:0.5",
mailing or other presentation to the customer.Hanging:0.5"
'-'--""-~---------'
.C.Final Payment Date.__All charges in each statement
"must be paid on or~before"·the final"i;a-yrrle-rit"~cfa-t-e " -
shown on the statement,which shall be at least 20
calendar days following the date of mailing or
presentation of the statement.
~x;.--(Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
D.Payment of Charges.
1.Place of Payment.Payments shall not be .-...-{Formatted:Indent:Hanging:0.5"1
credited to a customer's account until either cash,
an acceptable check or money order has been received
by the District at the District business office
during regular office hours.Deposit of payment in
the mail or at a location other than the District
business office shall not be credited to a
customer's account until received at the business
office.
2.Returned Check Charges.A returned payment Formatted:Indent:Hanging:0.5"
charge tisee Appendix A,34.01 0.2.for charge)_sJ~_~l_l__.~.Deleted:$25.00
be added to a customer's account in each instance ~--------------------~
where payment has been made to the District with
funds that have been returned to the District by the
bank upon which it is drawn.
34.02
A·_
J3!.._
DELINQUENT ACCOUNTS
.For Non-Payment of Charges..If f!l))..pa.ym~enJ ..oK ~a..__
statement for a water service account is not
received at the District business office on or
before the final payment date,the account shall
become delinquent.
Late Payment Charge.f.:!-9.!:~_P9Y!Il~[1):_~h.a_rg~e~~s~:-_,.-
Appendix A,34.02 B.for charge)of the total amount ,"
delinquent shall be added to each delinquent account "
at the time any amount becomes delinquent,provided '
that the charge shall not be made on any account
Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
Deleted:
Formatted:Indent:Left:OS',
Hanging:OS'
Deleted:5 percent
34-1 Effective 09/01/09
which at that time has no delinquencies of record
When a late payment charge is made,such shall be
added to the delinquent account as of the date the
account becomes delinquent and such charges shall
become an inseparable part of the amount due as of
that time .
•~.__.Notice of Delinquency.__?>_<:i~1-j.!1~Lu~PS:Y __n_oJJ_c_e__sAaJ_l ~r-Deleted:
be mailed to each customer whose account is "?F=o=rm--att-e-d-:~I=nd=e=nt~:-Le-ft-:-0=.5="'--~
delinquent,notifying the customer that service will Hanging:OS'
be turned off unless payment is made.The notice
shall indicate the amount due,including late
payment charges,and that the total amount must be
paid within fifteen (15)calendar days from the date
of mailing or presentation of the notice to the
customer,or service will be discontinued.
Record of Delinquent Accounts...The District +-A-
maintains records of delinquent acc-o·un-t-s·.···Ea-d;-year-
one delinquency shall be removed from the record of
each account that has one or more delinquencies
Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
~'--Partial Payment on Delinquent Account._~_PAF~j3J_
payment on a delinquent account may be accepted and
credited to a customer's account;however,the
partial payment shall not cause removal of the
account from a delinquent status and furthermore,
the partial payment shall not preclude the meter
from being turned off for delinquency.
+-A-,-(Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
F.Financial Arrangements for Delinquent Accounts.
1.Continuation of Service.The General Manager,..- ---{Formatted:Indent:Hanging:0.5")
Controller,or any person delegated by the General
Manager,may authorize continuation of service to a
delinquent account if financial arrangements,
satisfactory to the District,have been established.
2 .Requirement of Depos i t Due to Repeated ..---{Formatted:Indent:Hanging:0.5")
Delinquencies.If payments on a customer account
have become delinquent five or more times,or if a
meter has been turned off three or more times for
non-payment of charges,the General Manager,
Controller,or any person delegated by the General
Manager,shall be authorized to require the customer
to make a cash deposit with the District in an
amount equal to two times the amount of the average
monthly bill for the three month period preceding
the discontinuance of service before further water
service will be provided under the customer's
account.
34-2 Effective 09/01/09
G.Termination and Reinstatement of Water Service Under
Delinquent Accounts
1 ..Delinquency Tag~__:r!:l~_~.?!:~!_!fI~.!=~_r__o_r_!C!.e_t_eJ_s ~
under delinquent accounts may be turned off and
locked if payment has not been made in accordance
with the Notice of Delinquency.
(a)Where an owner or manager is listed by the Dis-
trict as the customer of record of the service,
the District shall make every good faith effort
to inform the actual users of the services when
the account is in arrears by means of a notice
that service will be terminated in ten days.
The notice shall further inform the actual
users that they have the right to become cus-
tomers of the District without being required
to pay the amount due on the delinquent
account,
(b)Residential water service shall not be termi-
nated for non-payment in any of the following
situations:
(1)During an investigation by the District of
a customer dispute or complaint.Any
residential customer who has initiated a
complaint or requested an investigation
within five days of receiving the disputed
bill,or who has,within 13 days of the
mailing of the notice that the customer's
service will be terminated for non-
payment,or made a request for extension
of the payment period of a bill asserted
to be beyond the means of the customer to
pay in full during the normal period for
payment,shall be given an opportunity for
a review.The review shall include
consideration of whether the customer
shall be permitted to amortize the unpaid
balance of the account over a reasonable
period of time not to exceed 12 months.
No termination of service shall be
effected for any customer complying with
an amortization agreement,if the customer
also keeps the account current as charges
accrue in each subsequent billing period.
Any customer,whose complaint or request
for an investigation has resulted in an
adverse determination by the District,may
appeal the determination to the Board.
Formatted:Indent:Hanging:0.5"
Deleted:Termination of
Service
34-3 Effective 09/01/09
(2)When a customer has been granted an exten-
sion of the period for payment of a bill.
(3)On the certification of a licensed physi-
cian and surgeon that to do so will be
life threatening to the customer and the
customer is financially unable to pay for
service within the normal payment period
and is willing to enter into an amortiza-
tion agreement to pay the unpaid balance
of any bill asserted to be beyond the
means of the customer over a period not to
exceed 12 months.
(c)The ten-day notice of proposed termination may
not be sent to the customer until at least 19
days from the date of mailing of the bill for
services.The ten-day period shall not com-
mence until five days after the mailing of the
notice.
(d)The District shall make a reasonable,good
faith effort to contact an adult person resid-
ing at the premises of the customer by tele-
phone or in person,at least 48 hours prior to
any termination of service.A charge ~--Deleted:of
Appendix A,34:02 G.l.(d)for charge),shall be '-,-'~>==e=le=t=ed=:=$=l=O.=O=o~---==<
added to the blll for a contact made In person.i Deleted:s'--1
(e)Every notice of termination of service pursuant
to subdivisions (a)and (c)shall include all
of the following information:
(1)The name and address of the customer whose
account is delinquent
(2)The amount of the delinquency.
(3)The date by which payment or arrangements
for payment is required in order to avoid
termination.
(4)The procedure by which the customer may
initiate a complaint or request an inves-
tigation concerning service or charges,
except that if the bill for service con-
tains a description of that procedure,
then the notice is not required to contain
that information.
(5)The procedure by which the customer may
request amortization of the unpaid
charges.
34-4 Effective 09/01/09
(6)The procedure for the customer to obtain
information on the availability of finan-
cial assistance including private,local,
state or federal sources,if applicable.
(7)The telephone number of a representative
of the District who can provide additional
information or institute arrangements for
payment.
(f)If a residential customer fails to comply with
an amortization agreement,the District shall
not terminate service without giving notice to
the customer at least 48 hours prior to termi-
nation of the conditions the customer is
required to meet to avoid termination,but the
notice does not entitle the customer to further
investigation by the District.
(g)Termination of service shall not occur on any
Friday,Saturday,Sunday,legal holiday or at
any time during which the business offices of
the District are not open to the public
(h)No termination of service may be effected with-
out compliance with this section and any ser-
vice wrongfully terminated shall be restored,
without charge,for the restoration of service
(See California Government Code Section 60373.)
2.Reinstatement of Service.Water service +---{Formatted:Indent:Hanging:OS'
terminated for delinquency may not be reinstated
until all amounts due and payable,including late
payment charges and meter "turn-on"charges,have
been paid at the District business office,or unless
credit arrangements satisfactory to the District
have been made.
3.Meter "Turn-On"Charge A "turn-on"charge +---{Formatted:Indent:Hanging:OS')
shall be made for turning on any meter which has
previously been turned off for a delinquent account.
The charges for turn-on shall be as follows:{Deleted:shall be
I(a)For any account turned on during the District's "
regular business hours the turn-on charge is ,::~
set forth in ,Appendix A,34.02 G.3.(a),'-/..'--
(b)For any account turned on after the District's "
regular business hours,the turn-on charge is ,:
set forth in bppendix A,34.02 G.3.(b).,__~__~"-
Deleted:$35.00
Deleted:(See
Deleted:for charge)
Deleted:shall be
Deleted:$65.00
Deleted:{See
Deleted:for charge.
34-5 Effective 09/01/09
SECTION 53 FEES,RATES,CHARGES AND CONDITIONS FOR S~WER
SERVICE
53.01 CONDITIONS FOR ACQUISITION OF SEWER SERVICE CAPACITY
Sewer service capacity may be acquired only for service
to a specific address,parcel of land,or a land development
project covered by an approved map.An approved map shall
mean a recorded final map,a recorded parcel map or a
tentative subdivision map that has been approved by the County
or by a City,as applicable.
53.02 SERVICE AREAS
Deleted:.A..Service Areas.__e~':"~~_§~~yj.~~_.995'11-1-_.9_e_J~l_r_nJ_sAe_d._by__~'>
the District only to property located in Improvement '~F-o-rm~att~e~d-:-In-d=en~t.~'L~e-ft:--o.=5'="~~
District No.14 ("I.D.14"),Improvement District Hanging:0.5"
No.18 ("I.D.18"),and Assessment District No.4
("A.D.4"),and the Russell Square Sewer Service
Area.Sewer service to property located outside
such areas may be furnished only upon annexation to
ID 18 and payment of all applicable annexation fees.
53.03
A.
53.04
A.,_
ACQUISITION OF SEWER CONNECTIONS FOR SERVICE IN I.D.
14,I.D.18 AND A.D.4
There shall be no connection capacity fee for sewer
service to parcels already annexed into Improvement
District No.14,Improvement District No.18 and
Assessment District No.4 on or after December 16,
1998.
ACQUISITION AND PURCHASE OF SEWER CAPACITY FOR
SERVICE IN THE RUSSELL SQUAR~SEWER SERVICE AREA
District Acceptance of Sewer Facilities for Russell
Square Area.Under an Agreement with Cal Dorado
Development,Inc.,dated June 28,1981,the District
accepted title to a sewer pump station,force main
and appurtenances for a sewage system to provide
sewer service to the residential dwelling
units to be constructed within the parcels of land
in San Diego County Tentative Parcel Map 17150.
Under an Agreement with Cal Dorado Development,
Inc.,dated June 18,1981,the District agreed to
provide service to such parcels on the terms and
conditions contained therein.On October 1,1984,
pursuant to Resolution No.2139,the District Board
of Directors accepted title to the facilities.
Formatted:Indent:Left:0",
Hanging:1"
....._...._ -Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
.---i Formatted:Indent:Left:1"
53-1 Revised 12/15/08
Effective 01/01/09
/3:.'_Designation of Russell Square Sewer Area,T_h_e__g_e_o_-__~_,_-
graphical area described on the District Map ,
entitled "Russell Square Sewer Service Area,"dated
October 11,1988,on file with the District
Secretary,constitutes the Russell Square Sewer
Service Area.
Deleted:
Formatted:Indent:Left:OS',
lianglng:0.5"
~~__Connection Fees for Connections for Sewer Service
through the Russell Square Sewer Pump Station.
1.Sewer Connection Fee
-~_,-Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
A connection fee .(s,ee Appendix A,53.04 C.l._u_---Deleted:of
for fee)for each EDU of sewer service provided ~;>D~e=l=et=e~d~:$~7~,~50-0----~~~~
through Russell Square Pump Station shall be ,
collected.The connection fee is due at the i Deleted:s
time an application for sewer service is
submitted The number of EDUs for the con-
nection shall be as set forth in Section 53.09
of the Code.Since the Russell Square Pump
Station and force main were constructed by the
developer or his assignee,at their expense,
for the purpose of providing service to the
parcels within Tentative Parcel Map 17150,the
connection fee shall not apply to connections
for sewer service to the parcels within said
map.Such exempt parcels are currently
identified as Assessor Parcel Nos.497-011-41,
497-011-42,497-011-44,497-011-46 and 497-011-
47
2 .Sewer Service Char e~c=.::.:..:=--,'------'=--=--,-,--"=--,,,--=--=-...:....:::~,,--.::.:..:-=-=,-,,-::e-_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ - {Formatted:Underline
_________________A monthly sewer service charge .(~ee Appendix A,
53.04 C.2.for charge)to cover normal .~~
operational costs of the Russell Square Pump
Station and force mains shall be collected.
This charge shall be reviewed by the Board of
Directors from time to time to assure that such
charges cover the costs for operation of the
sewer facilities.
3.The proceeds of the fees and charges received
by the District under 1 and 2 above shall be
used by the District solely for maintenance,
replacement or repair under C.1.above and for
the operation of the facilities under C.2.
above.
4.In addition,the customer for such service
shall pay the monthly service charge for sewer
service set forth in Section 53.11.
-Deleted:of
Deleted:$200
.Deleted:s
53-2 Revised 12/15/08
Effective 01/01/09
1
53
.
05 CHARGES FOR INSTALLATION OF SEWER LATERALS
Upon application for construction of one or more .-- -i Formatted:Indent:Left:1"
sewer laterals,the customer shall deposit with the
District the estimated costs to be incurred by the
District in connection with the installation of the
facilities required,as determined by the District.
Upon completion of the work,the District shall
calculate the actual costs incurred by the District
in performing the work.If actual costs are less
than the amount deposited,the District shall refund
the balance of the deposit to the customer.If
actual costs exceed the amount deposited,the
customer shall reimburse the District for the
additional costs.
53.06 PAYMENT OF FEES .---i Formatted:Indent:Left:1"
All fees prescribed in the Code shall become owing,
due and payable at the time application is made to
connect a premise to the sewer system of the Dis-
trict.The fees shall be paid to the District prior
to the issuance of any permit authorizing the
connection of such premise to the District sewer
system.If the proposed connection cannot be made,
the fee may be refunded when approved by the General
Manager.
__________53.07 SEWER SERVICE USE CHANGES RESULTING IN
INCREASED SYST~M UTILIZATION
___________The use of a sewer connection shall be limited to
the type and number of EDUs authorized by the
original wastewater discharge permit.Before adding
any additional equivalent dwelling units,buildings,
modifying existing buildings,or change of occupancy
type,the property owner shall make a supplementary
wastewater permit application to the District for
such change in use and pay additional sewer
annexation fees per EDU,if necessary,as may be
applicable.Periodic inspection of the premises may
be made by the District and if actual use is greater
than estimated use,an assessment for additional
annexation fees shall be assessed in accordance with
the fee schedule in the then current Code of
Ordinances.
Formatted:Indent:Left:0",
Hanging:1"
53.08
1,
WASTEWATER DISCHARGE PERMIT ISSUANCE AND LIMITATION
A wastewater discharge permit shall be required for
any property for which a request is made to dis-
charge into the District sewage system.
53-3 Revised 12/15/08
Effective 01/01/09
2.
3.
53.09
1.
Every wastewater discharge permit shall expire by
limitations and shall become null and void,if the
construction or work authorized by such permit is
not commenced within 120 days from date of issuance
of such wastewater discharge permit or if the con-
struction or work authorized by such wastewater dis-
charge permit is suspended or abandoned for a period
of 120 days at any time after the work is commenced.
Before such work can be recommenced,a new waste-
water discharge permit application must be filed
with the District.The District may reactivate the
previous wastewater discharge permit provided that
wastewater quantity and type is the same as the
wastewater discharge allowed under the original per-
mit,and provided further that such suspension and
abandonment has not exceeded one year.Fees paid
for the previous wastewater discharge permit may be
credited toward the total permit fees required on
the new permit application.Reactivation of the
previous wastewater discharge permit shall be sub-
ject to District sewer capacity being available at
the time of new application and subject to any
additional costs or charges imposed during the
period of such suspension or abandonment.
BASIS FOR DETERMINATION OF EDUS
The number of EDUs for sewer service shall be deter-
mined on the following basis:
a)Residential Facilities EDUs
1)Single-Family Residence 1.0
(Includes manufactured homes,and mobile
homes which are on private lots
A secondary structure with a kitchen is
considered an additional EDU
2 )
3)
4 )
Apartments and Multiple Family Housing
Each individual living unit
Residential condominiums
Each individual living unit
Mobile Home and Trailer Parks
Per each individual space
1.0
1.0
1.0
b)Commercial/Industrial Facilities
53-4 Revised 12/15/08
Effective 01/01/09
1)Food Service Establishments
a)Take-out restaurants with dis-
posable utensils,no dishwasher
and no public restrooms 3.0
b)Miscellaneous food establishments -
ice cream/yogurt shops,bakeries
(sales on premise only)3.0
c)1)Take-out/eat-in restaurants with
disposable utensils,but with
seating and public restrooms 3.0
2)Restaurants with reusable
utensils,seating and public
restrooms (0-18 seats)
3.0
Each additional 6 seat unit,
or portion thereof 1.0
2)Hotels and Motels
a)
b)
Per living unit without kitchen
Per living unit with kitchen
0.38
0.60
3)Commercial,Professional,Industrial
Buildings,Establishments not specifi-
cally listed herein
a)Any office,store or industrial
condominium or establishments.
first 1,000 sq.ft.1.2
Each additional 1,000 sq.ft.or
portion thereof
0.7
b)Where occupancy type or usage is
unknown at the time of application
for service,the following EDUs
shall apply.This shall include,
but not be limited to,shopping
centers,industrial parks and profes-
sional office buildings.
53-5 Revised 12/15/08
Effective 01/01/09
First 1,000 sq.ft.of gross build-
ing floor area 1.2
Each additional 1,000 square feet
of gross building floor area Por-
tions less than 1,000 sq.ft.will
be prorated.0.7
4 )pelf-service laundry per washer _________}_,_O --(Formatted:Underline
5),Churches,theaters and auditoriums p_e_r ----(Formatted:underline
each 150 person seating capacity,or any
fraction thereof.(Does not include
office spaces,schoolrooms,day-care
facilities,food preparation areas,etc.
Additional EDUs will be assigned for
these supplementary uses.)1.5
6)Schools
a.
b.
c.
Elementary Schools -For
each 50 pupils or fraction
thereof
Junior High Schools -For
each 40 pupils or fraction
thereof
High Schools,Colleges and
Universities -For each
24 pupils or fraction
thereof
1.0
1.0
1.0
Additional EDUs will be prorated based
on above values.
The number of pupils shall be based on
the average daily attendance of pupils
at the school during the preceding fiscal
year,computed in accordance with the
education code of the State of California.
However,where the school has had no
attendance during the preceding fiscal
year,the General Manager shall estimate
the average daily attendance for the fiscal
year for which the fee is to be paid and
compute the fee based on such estimate.
53-6 Revised 12/15/08
Effective 01/01/09
53.10
7)Convalescent Homes
a)Skilled nursing care facilities,
psychological hospitals,con-
valescent hospitals;licensed by
the Department of Health.0.7/bed
b)Community Care Facilities with 16
or more beds licensed by the State
Department of Health.0.5/bed
c)Small Community Care Facilities
with 7 to 15 beds licensed by the
County Department of Social
Services 0.5/bed
d)Community Care Homes with six or
fewer total residents,including
resident staff and housekeepers
(to be the same EDU as a single-
family residence).1.0
8)Other
In the case of commercial,industrial and
other business establishments such as bot-
tling works,supermarkets,markets,
deli/markets,convenience stores,hospi-
tals,laundries (other than self-service
laundries),automobile service stations,
mortuaries,day-care centers,bars,pool
halls,and other establishments not
included in items 1)through 7)inclusive,
or when the EDUs specified in items 1)
through 7)are not representative of
actual flow due to the number of employees
or type of operation,the number of
equivalent dwelling units shall be deter-
mined in each case by the General Manager
and shall be based upon the estimated vol-
ume and type of wastewater discharge into
the sewer.
TRANSFER,ASSIGNMENT,OR RESALE OF SEWER
CONNECTION RIGHTS
53-7 Revised 12/15/08
Effective 01/01/09
EDU sewer connection rights obtained by a customer
may not be sold,transferred,or assigned separately
from ownership of the real property for which they
were obtained,unless otherwise stated in an
agreement with the District.
53.11 SEWER SERVICE RATES AND CHARGES
A.Set-up Fees for Accounts.A set-up fee ~-;,D=e=l=et~e~d:~o=f=========<
Appendix A,53.11 A.for fee)shall be charged for ~::-Deleted:$10.00
each account transferred to another customer.,Deleted:S
B.,Residential Sewer Charges..----(Formatted:underline
(1 )Winter Average Determination.Sewer service
usage fee shall be based on the "Winter
Average"water consumption,measured in units
of hundred cubic feet (HCF).For Otay water
customers,the winter period is December
through March,and for Helix water customers,
the winter period is January through April.
The winter average for Otay is calculated by
adding the four months of the preceeding winter
together and dividing by four.The winter
average for Helix is calculated by adding the
two billing periods of the four months together
and dividing by four.For both Otay and Helix
water customers,this average is then reduced
by a 15%usage discount,recognizing that not
all water used flows into the sewer system,to
determine the "Winter Average"for billing
purposes.
Deleted:$1.47
'Deleted:S
Deleted:(
\
Deleted:)
Deleted:is
i
Deleted:$10.20
/
Deleted:(See
Deleted:(
Deleted:)for fee)for a 5/8
or 3/4 inch water meter and
,Deleted:$14.90,
[........,,"0.,,,,eo,"'.
53.11 B.(3)for fees)for a
1 inch or greater water
meter.
\,
",Monthly Residential Sewer Rate Without
Consumption History.The average residential
sewer charge shall be calculated by calculating
the total usage fee for all residential
i
I,
I,i,'
Base Fee.The monthly base fee per meter size ~"
is ~~LQ..J:'_~~_AppendixA,53.11 B..3 ~1 __•__../!:'__
Usage Fee.The usage fee rate ...Ls,ee Appendix A,--{Deleted:of
53.11 B.,2 .•for rate)is multiplied by the ~>
"Winter Average"calculation'for -each--c·ti·s't-ome'r'--\,
(after the above noted 15%discount)and the "~,
\'resulting amount is added to the Fixed Service \
Charge applicable to the size of meter.The
resulting fixed fee shall be charged on a
monthly basis for an entire calendar year,
until a new "Winter Average"is determined for
the following year.
(4 )
(3)
(2)
53-8 Revised 12/15/08
Effective 01/01/09
Single Residential Winter Averaging
(3)The maximum "Winter Average"for individually
metered residential customers is (after the 15%
discount)as follows:
Deleted:Effective January 1,
20
Deleted:09 -Deleted:10,the average
residential sewer charge is,
Deleted:$34.79
\
\Deleted:(See
\
\Deleted:(
\
\Deleted:)
\
Deleted:per ASU
The monthly sewer bill is calculated by adding
the base fee plus the usage fee as described in
5 .11 .8.(1),(2),& (3 )above.
Defined as:Sewer service for individually
metered residential households.
customers and dividing by the number of
residential customers.Then the monthly base
fee for 3/4 inch meter is added to this average
fee and this shall be used to determine the
rate per ASU to be used for commercial
customers The month~y residential sewer rate
without consumption histor is as set forth in
Appendix A~-53.11 8.,4.,for charge),._
(1 )
(2 )
C.
i.January through December 2008
18 units
ii.January through December 2009
22 units
iii.After December 31,2009 -30 units
(4)New Customers.New gJ..!3J:9!ll_e!_S_J_h_aJ__d_o_J!.qt__l!.~'{~-{Deleted:c
a prior winter consumption history to determine ~--------------------~
their monthly usage fee shall be assigned a
"Winter Average"J9~_.!3ipgJ_e_j._n_dJy_i_d_u_a))'y ---Deleted:of 19.68 -15%
metered households See Appendix At 53.11 C.4 .discount =16 73 units
for Winter Averaging fees.
D.Multi-Residential Rate Charges
(3)New complexes that do not have a prior winter
consumption history to determine their monthly usage
fee shall be assigned a "Winter Average".(o_r__eAc_h ---
multiple-residential unit in a master metered
Deleted:described
I
Deleted:in
I
Deleted:
Deleted:(
·Deleted:)
Deleted:described
Deleted:B
Deleted:(1)&
·Deleted:(
·Deleted:)
Deleted:of 8 units less a
lS~discount to equal 6.8
units
I
I
I II,
I 1(2)The monthly sewer bill for the complex is 1/1
calculated by adding a 3/4 inch base fee (as ~//
forth in Appendix A,,,51..:11-..:l3~~J _J:i!ll.e_sutp_e__nulll.b_eJ__o_t ....';-
units in the complex plus the usage fee (as ~--
forth in Appendix A,53.11..)t9J"utP..eueflJJ_r_e ~__
complex.(Note:There is no cap on consumption for '~:
the multi-residential customers.)
(1)Defined as:Sewer service for master metered
water service for multiple-residential households
including for example;duplex,townhomes,
apartments,and mobile homes.
53-9 Revised 12/15/08
Effective 01/01/09
residential complex.See Appendix A,53.11 C.4.for
Winter Averaging fees.
E..Conunercial Sewer Charges -{Formatted:Underline
(1)ASU Determination:The charges for conunercia1
sewer service shall be based on the rate of
discharge and the strength of sewage.The Board
of Directors may adjust the charges in proportion
to the amount of water not entering the sewer
which is substantiated by the property owner or
discharger.
(2)The strength of sewage is based on its biochemical
oxygen demand (BOD)and the cost of removing
suspended solids (SS).
(3)The formula is derived by taking the total cost of
providing sewer service and charging each user
for a pro-rata share.
(4)The State Revenue Program Guidelines require use
of an "Assigned Service Unit Assignment Formula"
which converts higher strength uses into a
service unit value which is comparable to the use
impact of a single-family residential user or
equivalent dwelling unit.The formula for
determining an Assigned Service Unit (ASU)for a
single-family dwelling is set forth in the annual
budget,which is incorporated herein by
reference.
(5)The formula is based on an estimated daily flow of
250 gallons per day plus 280 milligrams per liter
of BOD and 234 milligrams per liter of SS for a
residential equivalent dwelling unit.
(6)For conunercial users the flow is based on 85%of
their prior 12-month water consumption to reflect
the amount of water that returns to the system.
The strength of discharge for conunercial user is
based on whether it is classified as a low-
strength,medium-strength or high-strength user.
User Classification
Low-Strength Conunercial 1.000 Strength Factor
Car wash
General office and buildings
Barber and beauty shops
Department,retail stores and general
conunercial
53 -10 Revised 12/15/08
Effective 01/01/09
Hospitals and convalescent homes
Laundromat,laundry and dry cleaners
Professional office or office building
Warehouse
Other uses having a similar strength as
determined by the District
Medium-Strength Commercial =1.238 Strength Factor
Bars without dining facilities
Bowling alley
Hotels without dining facilities or cooking
facilities
Auto repair/sales shop and service station
Shopping centers
Other uses having a similar strength as
determined by the District
High-Strength Commercial =2.203 Strength Factor
Bakery or bakery with deli
Hotel with dining facilities
Restaurants and bars with food
Supermarkets
Other uses having a similar strength as
determined by the District
Institutional =1.000 Strength Factor
~hurches:T~~~t~~_t~~_??~~_9§_~9~~?~~~P9~h
Commercial.
______--(Formatted:Underline
ghoo_ls :__f<?~_Pll]:)H~_?<:;~99.:J-§_t.:J-9!"_J_s__b_a_s_e_ci _o_n - --(Formatted:Underline
average daily attendance ("ADA")for the prior
school year,including summer school,as
reported by schools to meet state requirements.
Private schools will be required to file a
report verifying their attendance.For
elementary schools 50 students shall equal 1
ASU.For junior high schools 40 students shall
equal 1 ASU and for high schools 24 students
equals 1 ASU.The formula for schools shall be
the same as applies to single-family
residential.For charges see Appendix A,53.11
E.6.
,Colleges:f'.?!?_c;'.?~~~ges!_%J-9~_j.~_?.9_sed__o_n__t_h_e --(Formatted:Underline
number of Certificated and Classified Staff,
and students enrolled in each school session
(Spring,Summer,and Fall):
53-11 Revised 12/15/08
Effective 01/01/09
Gallons per day (GPD)no.of students and staff x
no.of weeks Spring
session)
+(no.of students and staff
x no.of weeks Summer
session)
+(no of students and staff
x no.of weeks Fall
session)
+(no.of staff x no.of non-
session weeks)
x 23 -;-52
ASU Daily Flow x Strength Factor
[(GPD x 85%)-;-250]x 1.000
The minimum charge for commercial shall be no lower
than 1 ASU at low strength.Charges are determined
each fiscal year.The formula is set forth in the
annual budget,which is incorporated herein by
reference
F.Charges to Cover the State Loan Program for the
Treatment Facility.A J.~e_~~ndix__l.':L~1~i.Q~--{Deleted:$54
fee)~ee per ASU shall be attached to the property --'(~_D=e=le~te~d~:~s==============~
tax bliis to cover the annual payment on the L-_
$5,000,000 state loan until such loan is paid in
full.
G.Monthly Service Charges for Commercial Sewer
Service.The Monthly Sewer Service charges for
service furnished by the District,shall be:
2.Industrial and Other U9 rs
Charges determined by the Board of Directors on
a case-by-case basis
1.Commercial and Institutional (per ASU):
Commercial users shall be charged based upon
the ASUs derived in Section 53.ll_E.(4)~.For ---
charges see Appendix A,53.ll.G.l.
Deleted:mUltiplied by the
single-family average
residential rate Section
53.11 8.(4).
Monthly sewer service charges shall commence upon +-- --(Formatted:Indent:left:1"
installation of the water meter to serve the
premises receiving the sewer service,upon
connection to the District sewer system,upon start
of occupancy of the premises to be served,or one
year after the date the application for sewer
service is filed,whichever is earlier.If a sewer
service connection has been obtained and if sewer
service will not be used until some time after
53-12 Revised 12/15/08
Effective 01/01/09
installation of the water meter,commencement of the
sewer service charge may be deferred until the later
date only upon prior approval of the General
Manager.
53-13 Revised 12/15/08
Effective 01/01/09
SECTION 60 UTILITY FACILITIES FOR SUBDIVISIONS AND
PARCEL MAP DEVELOPMENTS
60.01 INSTALLATION BY THE DISTRICT
The District will not construct facilities to provide
utility service to land being divided for a subdivision or
parcel map development,except where facilities are con-
structed as part of the Capital Improvement Program for the
utility system of an improvement district.
60.02 INSTALLATION BY DEVELOPERS
Developers of land shall provide,at their own expense,
all facilities required for utility service within the area to
be developed.In order to obtain required services it may be
necessary for a Developer,in some instances,to also provide
certain off-site facilities or to provide for oversizing of
the facilities which are to become part of the District sys-
tem.In such event,the Developer may be entitled to reim-
bursement of certain costs for such off-site or oversizing
facilities as provided in Policy 26 of this Code.
60.03 ISSUANCE OF AVAILABILITY LETTERS FOR WATER AND/OR
SEWER SERVICE
-Deleted:0 f
Deleted:$7 5
Deleted:s
Deleted:for charge
REQUIREMENT FOR A SUBAREA MASTER PLAN (SAMP)60.04
Upon request,the General Manager will provide a written
statement (sometimes referred to as "availability"or "will-
serve"letters)advising whether water and/or sewer service is
available and,if not,whether such service could be made
available,for a proposed development project within the Dis-
trict.A charge .i~_e_l\.I22.~_fl_~ix A,-.J;_~~l:"i].]._!:>.e..!U_a_d_e..Ko_r__e_a_c,l'!._
statement furnished by the District.~:
\'
\',
\
In some instances,a Subarea Master Plan (SAMP)may be
necessary to establish the water,recycled water and sewer
system facilities for adequate District service within and to
a proposed subdivision project.A SAMP shall be required when
any of the following situations have occurred:
A.No previous SAMP was prepared and the complexity of
the proposed subdivision requires integration into
the District Water Resources Master Plan.
Formatted:Indent:Left:0.5",
Hanging:0.5"
B.The Developer is seeking to modify the requirements
of the District's Water Resources Master Plan.
Formatted:Indent:Left:0.5",
Hanging:0.5"
C.The previously submitted SAMP for the proposed sub-
division is no longer representative of the current
development proposal.
Formatted:Indent:Left:0.5",
Hanging:0.5"
60-1
D.The previously submitted Developer SAMP for the pro-·---Formatted:Indent:Left:0.5",
posed subdivision project is over two years old.Hanging:0.5"'---=--=-----------'
E.The General Manager has determined a SAMP is Formatted:Indent:Left:0.5",
required.'-..H_a_n=-gi--cng::...:_0_.5_n -J
The Developer may elect to have the SAMP performed by a +-- -i Formatted:Indent:First line:0.5")
private Engineering firm and submitted to the District for
approval by the General Manager.The Developer may request
the District to prepare the SAMP and deposit with the District
the estimated cost of the SAMP.Prior to implementation,the
SAMP shall be reviewed and approved by the General Manager.
Approval of the SAMP shall occur prior to approval of any Con-
struction Agreement for a Developer's improvement plans by the
General Manager.
60.05 REQUIREMENT FOR A TENTATIVE MAP
~.'I~~)~~'!EO:],C2I:JEO~_~b9~~_<::i~p<?~H ~Hp-_tP-5'_PJ_sJ_rJ_c_t__a__s_u..~_~.>-
determined by the General Manager to cover the '
estimated cost of plan checking and engineering
services.
~.'I~~_(j~l}EOJ;:~:],J'j~J.].9g~~_~HL ~~y;L~~_tP-5'_J_eIlJ_aJJy_e__Il!aE ~>
and return it to the Developer indicating thereon '
the water and/or sewer system that will be required
for the development.
Deleted:.
Formatted:Indent:Left:0.5",
Hanging:0.5"
{Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
60.06 REQUIREMENT OF EASEMENT OR RIGHT-OF-WAY FOR UTILITY
FACILITIES
Whenever the plans,as approved,provide for any portion
of the utility facilities to be constructed in other than a
dedicated public street or road,the Developer shall grant or
cause to be granted an easement or right-of-way to the Dis-
trict in the form specified by the General Manager.Whenever
facilities are terminated at a point short of the boundary of
the parcel owned by the Developer,a permanent easement,in
accordance with Section 36 02,shall be granted to District in
order to provide for future extension of the facility to
adjoining parcels of land.This requirement shall also apply
to those cases where the County or a city requires the Devel-
oper to provide a one foot buffer between the subdivision or
lot-split boundary and the adjoining property.
60.07
A.
REQUIREMENT FOR ANNEXATION
The Developer desiring service to properties which
lie outside the District or outside an Improvement
60-2
Formatted:Indent:Left:0.5",
Hanging:0.5"
60.08
District shall request annexation.The Developer
shall request such annexation in writing to the
General Manager.
B.The Engineering Department shall provide an annexa-Formatted:Indent:Left:OS',
tion packet outlining the required information and ~H_a_n~gi~ng~:_0_._5"~
charges as detailed in Chapter 6,Section 9 of this
Code,
C.Annexation shall occur prior to approval of any Con-"---Formatted:Indent:Left:0.5",
struction Agreement for the Developer's improvement ~H_a_ng~i~ng~:_0_.5_"-J
plans by the General Manager.
REQUIREMENT FOR APPROVED PLANS AND CONSTRUCTION
AGREEt'1E ...,
A..J2~,!~J,.CJI2~~_~Q~~L p:r~P?:r~_g.~!:9-H~g._~!lgJ.!1~~_rJ_ng__d_r_a_w_-":'~--{~D=e=le~t~e~d:=========<
ings for construction of the proposed system shown "'F tt d'I d t·L ft·0.5",...orma e .n en.e .on the tentatlve map and submlt such drawlngs to the Hanging:0.5"
District for review and approval.Each system shall ~~~----------------~
provide for water service and/or sewer service,
where applicable,to each lot in a subdivision and
to each parcel in a parcel map development.The
utility system proposed shall not be detrimental in
any way to operation of the District utility system
and shall conform to the requirements of the
approved SAMP.
~.1l':!~_C;~I}~~~~J':I~I}?g~:r _~I:J.?~L f'S'Y j.~~_:tP~_~.9p._s_t_r_u_c_tJ_o_n _
drawings and either accept,reject,or revise them
for compliance with District standards and
specifications.Upon approval of the drawings,the
General Manager shall return them to the Developer
with the following:(i)District estimates for
construction costs and the amount of additional Dis-
trict deposit;(ii)the required standard District
agreement for installation of water or sewer
facilities;and (iii)the amount of security
required to guarantee performance of the agreement.
":'~-:.- {Deleted:
Formatted:Indent:Left:
Hanging:OS'
OS',
Formatted:Indent:Left:0.5",
Hanging:0.5"
r...J2~,!~J,.CJ2~~_~Q?~L :r~t\l:r!!-_!:9 _:tflS'_pj.§:t~j~J__t_h_e__r_eyJ_s_eA __":,~--'~D=e=l~et~e~d:=========<
drawings,if required,the executed subdivision ' ,
construction agreement,together with the required
deposits and security,either cash,surety bond,or
letter of credit,acceptable to the General Manager,
and the grant of easements or rights-of-way that may
be required.If such are complete,and the proposed
subdivision has been annexed into an Improvement
District,the Construction Agreement for the project
will be authorized by the General Manager.
p.J22CJr:!_~22~CJ'!?L gLtb.~_C;:9!1§!:f'~s:::tj.9!l_.?-g~_e_eIll_e_n_t__by_.t_h_e ~<-
General Manager,the Developer shall submit the
60-3
Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
mylar construction plans for signature by the
General Manager.
60.09 REQUIREMENT FOR DISTRICT INSPECTION
A·lJ.2()f!_r::~c::~~2Ll::>Y _tb-~_<:?~I).~f9-L t'l9-.J:l9g~J'_9J_.!:Ae__app_r_oy_e_<:!._~.>-
plans,and prior to beginning construction of the -
facilities,the Developer shall schedule a pre-
construction meeting with the General Manager.
Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
IL ---~~~2i~p()~~~~Hii-~g~~~c~f~~~~ii~~~1~~9~-l-~-~~J_n_g-,-_t_he_~<->=D=e=l=et=e=d:====~_~==<
Formatted:Indent:Left:0.5",facilities and complete the same in accordance with Hanging:0.5",Right:-0,19"
the standard construction agreement,the approved
plans,and the District's Standard Specifications for
Water,Sewer,and Reclaimed Water Facilities and the
instructions given at the pre-construction meeting.
60.10 REQUIREMENTS FOR USE OF UTILITIES FOR OCCUPANCY
PRIOR TO DISTRICT ACCEPTANCE
The Developer may purchase and obtain permanent water
meters and sewer services for occupancy in the project prior
to acceptance of the project by the General Manager,subject
to the conditions stated below:
A.Water Meter
a.There shall be sufficient funds in the
_________________Developer's District account to cover
District expenses.
• - - --{Formatted:Indent:Left:0.5"
Deleted:
Formatted:Indent:Left:0.5"
Deleted:
Deleted:
Formatted:Indent:Left:1",
Hanging:0.5"a.The water system shall be hydrostatically
tested,disinfected,pass a District bac-
teriological examination,be connected to
the District's existing system with a per-
manent connection(s),and be installed in
accordance with the District specifica-
b.Per Section 60.06 above,tpe P~Y~)~F~_~---
________________--'~b_~~L b-9-Y~_~I)._~H~~!:9_Y9J-J.S:t s::_o_n_s_t_r_u_c_tJ_o_n__:-- -
agreement with the District.
..z ~__)~~r::~()r::_tQ _tD~t?H9-!-~9I)._9%_9.J:lY~~~_t!=FJ_sJ __tAe.~.>-
Developer shall meet the following conditions:-
60-4
tions and requirements prior to the use of
the system.
b.The meter box(es)shall be set to final
grade and the installation shall be com-
plete per the District's standard specifi-
cations .
•~.~J:ler_Connectio!,!_____ ________________________________ --{Deleted:------Page Break------)
Formatted:Indent:Left:OS',
Hanging:1"
Formatted:Indent:Left:0",
Hanging:1"
a.There shall be sufficient funds in the
Developer's District account to cover
District expenses.
1.For acquisition of each sewer service connec
___________tion,the Developer shall meet the following
conditions:
b.Pay all fees and charges for each
connection requested,and identify the
parcel for which the sewer service is
being provided.
~.E':r:~C?:r:_t()_<;()I}I}~<;t:~9~J~L9t_9P.y_~.S"y.S"_r__s_e_ry_i_c_e_s_,,--Deleted:.
the sewer system shall be constructed and
complete in accordance with District ~~;~:e~~5~ndent:Left:1",
specifications and requirements.
C.Prior to the installation of the last purchased
meter or connection of the last sewer service,the
project shall be referred to the General Manager for
acceptance.In order to be accepted,all aspects
of a project shall be complete per Section 60.11
below.
Formatted:Indent:Left:0",
Hanging:1"
60.11 REQUIREMENT FOR FINAL ACCEPTANCE BY THE GENERAL
MANAGER
/':..QI2C?!'!_C::Cl~I2~EOt~()l}_gt _t:J:I~_t ~~Hgj.~~.!_YJ_t)1_.9_n)y_..fll-i_n_o_r ~'>-
outstanding construction items remaining,a -.
preliminary walk-through inspection and punch list
of any outstanding items will be prepared.It shall
be the responsibility of the Developer to assure any
outstanding items are completed in a timely manner.
Deleted:
Formatted:Indent:Left:OS',
Hanging:OS'
OS',
I _
~.QI2ClI!_C::ClI!\I2~EOU()l}_gL~911~t:f\}~:t~9P._9%_.tp_e_.(a_c))AtJ_e_s_)Jl.-_,--1,-D=e=le=t=ed=:=========<accordance with District specifications and "F tt dId t L ft.....orma e : n en:e :requlrements,a flnal lnspectlon,completlon of all Hanging:OS'
outstanding punch list items,submittal and '--~~----------------~
acceptance of the mylar record drawings,submittal
and acceptance of the soils compaction report,and
when all Developer accounts with the District have
been made current,the facilities shall be referred
to the General Manager for acceptance./{Deleted:~
~---------------------'
60-5
60.12 REQUIREMENT FOR ONE YEAR WARRANTY PERIOD
A..Q2<?t:J:_~<;:<;:~121:::~I!C:~)2Y_1:::DE?_§iE?!1E?~?;L.~?!l?9~T(_J.h...e__DJ_s_t_rJ_c_t_~~-
shall own and operate the facilities."
~'.__T.h~_[)~V.~J,()12~~_~t~;L L g1,l?~?!1.t=S'S'_.t11~_t ?~J).j...tj.._e_s._ag_aiJ~st_~~,__
defects in materials or workmanship for a minimum '
period of one (1)year from the date of acceptance
by the Board of Directors.The method of guarantee
shall be a warranty bond,or other means acceptable
to the General Manager,in the amount of twenty-five
(25)per cent of the District's estimated value of
the project.
Deleted:
Formatted:Indent:Left:0.5",
Hanging:0.5"
Deleted:
Formatted:Indent:Left:0.511,
Hanging:0.5"
r·_--~~~~f~~-~~e~~H~t~i~~~r~~~~~?g~N~c/~b·~l-?-~-:d _d_u_r --~.~-~D~F:=:=:=:=:=ed~:=I=nd=e-n-t:-L-eft-:-o-.-5"~'==<
repaired by the Developer and at the sole expense of Hanging:0.5"
the Developer.Any collateral damage caused by a
defect in materials or workmanship during the
warranty period,including District expenses,shall
be borne solely by the Developer.This section does
not limit the developer's liability for latent or
patent defects.
60-6
OTAYWATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
FURNISHING COPIES OF DOCUMENTS AND 05 10/15/84 4/3/96
PREPARATION OF OTHER INFORMATION
Purpose
tDeleted:4
Formatted:Indent:Left:0",,Hanging:0.5",Tabs:Not at 0.5"+,1"+1.5"+2"+2.5"+3"
Deleted:c,,Deleted:shall be as follows:,~,1..For copies of,,identifiable public records
the charge shall be 50.10
~lJ[
1
2.For the Service of
Providing Agendas and
Minutes of Meetings of the
Board of Directors:~
~
.Agendas and/or Minutes
shall be furnished upon
Vlritten request.Charges
for such copies shall be
made as folloVls:~
~
.Agendas $20.00 per
year~
($.50 per rneeting)~
1
.Agendas and
r1inutes .5100.00 per year
for the first copy and
5200.00 per year for each
copy chereafter
Deleted:3
Deleted:R
Deleted:N
\
Formatted:No underline
\
\Formatted:No underline\
\Deleted:D
",Deleted:I
"
"Formatted:No underline
""Formatted:No underline",
"Formatted:No underline\1\
"Deleted:R",
,1\Deleted:$
1111
",Formatted:No underline",
"Deleted:R
",Formatted:No underline,
\Formatted:No underline,
Requests for information,the production of which would
involve substantial costs in time and/or material to the
District,shall be presented to the Board of Directors
for review.
Individuals or entities making such a request shall
reimburse the District for the costs incurred by the
District in providing the information requested.
(c)
(b)
(a)
/,,,
/J/
"",'I'",I,,'I,II
,JJ
J",I,,I,
In such cases the District should be reimbursed for costs incurred ~:
in complying with such requests.~:
.",I,
"1,"I,~~Ig~o:>_:t"<2I _:t"~:r::~:i,~~:i,~g _C.O.12.i-~s__q.(Ao_c_u_m.e_nJ_s_such as ~,
identifiable public records,agendas,ratified minutes,or the :
preparation of other information is set forth in Appendix A,•Policy 5.,.j
l~.__C;:l].~:r::g~o:>_:t"<2:r::_c:()I2:i,~~J(!i!Y _~~_'iai.~eA .(o_r__t_h_e_p_ep_eJJ-.t_9J_.tp.~_
District.\
\
\
\
\
\,
The District frequently receives requests for copies of documents
prepared by the District or on file in District records
Occasionally the District receives requests for information not
readily available from District records,but which could be made
available after research and study performed by the District
staff.
To establish charges for making copies of documents and for
gathering other information.
Policy
Background
Page 1 of 1
I I ATTACHMENT C
Otay Water District
Appendix A
Section #Code #Fee Description Meter Size Charges
9 9.04 A.1.District Processinq Fee $692.00
Annexation Fees for Annexations to District-wide
9.04 B.Water Improvement Districts Meter Size Annexation Fee
-I.D.'s 1,2,3,5,7,10,19,20,22,22/27 3/4"$1,601.00
(excluding Triad),and 25 (only I.D.'s 1"$4,003.00
5,7,10,19,22,and 22/27 require 1 1/2"$8,005.00
reclaimed irrigation meters).(For 2"$12,808.00
Iproperties annexed after 3/5/97.)3"$25,616.00
4 $40,025.00
6"$80,050.00
8"$128,080.00
10"$184,115.00
-109 3/4"$1,601.00
1"$4,003.00
1 1/2"$8,005.00
2"$12,808.00
3"$25,616.00
4 $40,025.00
6"$80,050.00
8"$128,080.00
10"$184,115.00
-22/27 TRIAD 3/4"$1,601.00
1"$4,003.00
1 1/2"$8,005.00
2"$12,808.00
3"$25,616.00
4 $40,025.00
6"$80,050.00
8"$128,080.00
Appendix A
1 of 12
10"$184,115.00
Annexation Fees for Annexations to
9.04 CA.Sewer Improvement Districts $5,442.00
10 10.01 Filing of Petitiion $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
Total
Monthly Fixed System Charges,MWD MWD&CWA Fixed
25 25.03 C.&CWA Charges Meter Size System Charge Fixed Charge Charge
3/4"$14.58 $9.77 $24.35
1"$18.52 $16.28 $34.80
1-1/2"$28.37 $32.61 $60.98
2"$40.18 $52.15 $92.33
3"$71.68 $104.30 $175.98
4"$107.13 $162.98 $270.11
6"$205.59 $325.92 $531.51
8"$323.73 $521.51 $845.24
10"$461.57 $749.61 $1,211.18
25 25.03 E.1.(b)Domestic Residential Water Rates Unit Charge
1 - 5 $1.35
6-10 $2.10
11-22 $2.73
23 &over $4.21
Appendix A
2 of 12
Multiple Residential Water Rates -Per
25 25.03 E.2.(b)Dwelling Unit '1-4 $2.08
5-8 $2.70
9 &over $4.15
Business and Publicly-Owned Water
25 25.03 E.3.(b)Rates under 10"1-173 $2.22
174-831 $2.27
832 &over $2.31
10"&larqer 1-7426 $2.22
7427-14616 $2.27
14617 &over $2.31
Irrigation and Commercial Agricultural
25 25.03 E.4.(c)Using Potable Water Rates 1"&smaller 1-49 $3.02
50-132 $3.08
133 &over $3.14
1.5 &2"1-144 $3.02
145-355 $3.08
356 &over $3.14
3"&larger 1-1044 $3.02
1045-8067 $3.08
8068 &over $3.14
25 25.03 E.5.(c)Recycled Water Rates 1"&smaller 1-42 $2.58
43-97 $2.62
98 &over $2.67
1.5 &2"1-168 $2.58
169-402 $2.62
403 &over $2.67
3 &4"1-403 $2.58
404-820 $2.62
821 &over $2.67
Appendix A
3 of 12
6"&larger 1-7916 $2.58
7917-16357 $2.62
16358 &over $2.67
Temporary and Construction Water
25 25.03 E.6.(b)Service Rates 1"&smaller 1-49 $6.04
50-132 $6.16
133 &over $6.28
1.5 &2"1-144 $6.04
145-355 $6.16
356 &over $6.28
3"&larger 1-1044 $6.04
1045-8067 $6.16
8068 &over $6.28
25 25.03 E.8.(b)Tank Trucks Water Rates 1"&smaller 1-49 $6.04
50-132 $6.16
133 &over $6.28
1.5 &2"1-144 $6.04
145-355 $6.16
356 &over $6.28
3"&larger 1-1044 $6.04
1045-8067 $6.16
8068 &over $6.28
Application Fee for Water Service
25 25.03 E.9.(c)Outside District Boundaries $500.00
Water Rate for Service Outside District
25 25.03 E.9.(d)Boundaries 1"&smaller 1-49 $6.04
50-132 $6.16
133 &over $6.28
1.5 &2"1-144 $6.04
145-355 $6.16
356 &over $6.28
Appendix A
4 of 12
3"&larqer 1-1044 $6.04
1045-8067 $6.16
8068 &over $6.28
Application Fee for Water Service
25 25.03 E.10.(b)Outside an Improvement District $275.00
Water Rate for Service Outside
25 25.03 E.1 O.(c)Improvement District 1"&smaller 1-49 $6.04
50-132 $6.16
133 &over $6.28
1.5 &2"1-144 $6.04
145-355 $6.16
356 &over $6.28
3"&larger 1-1044 $6.04
1045-8067 $6.16
8068 &over $6.28
25 25.03 E.11.(c)Fire Service Monthly Charge $30.11
Additional Water Service for Property
25 25.03 E.12.(b)Not Subject to District Taxes per unit $0.29
Interim Service Water Rate in
25 25.03 E.13.(b)Improvement District 7 1"&smaller 1-49 $6.04
50-132 $6.16
133 &over $6.28
1.5 &2"1-144 $6.04
145-355 $6.16
356 &over $6.28
3"&lamer 1-1044 $6.04
1045-8067 $6.16
8068 &over $6.28
Appendix A
5 of 12
Per 100 ft of list
over 450 ft per
25 25.03 F.Energy Charges for Pumping Water unit $0.038
Per unit charge
except for the
Additional Water Charge for Service in first 5 units of
25 25.03 G.1.the North District residential $0.08
Per unit charge
Additional Water Charges for Service in except for the
the Improvement District 9 Water first 5 units of
25 25.03 H.1.Service Zone residential $0.27
Additional Monthly System Fee for
25 25.03 H.2.Improvement District 9 $2.00
Per unit charge
except for the
Additional Water Charges for Services first 5 units of
25 25.03 1.1.(a)in Improvement District 3 residential $0.17
Per unit charge
except for the
Additional Water Chargges for Services first 5 units of
25 25.03 1.1.(b)in Improvement District 10 residential $0.25
Per unit charge
except for the
Additional Water Charges for Services first 5 units of
25 25.03 1.1.(c)in La Presa residential $0.07
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
Appendix A
6 of 12
6"$3,300.00
8"$4,400.00
10"$5,500.00
District-wide Rancho Jamul
28 28.01 8.1.Capacity Fees and Zone CharQe Meter Size Capacity Fee Zone 1655 Fee
-I.D.'s 1,2,3,5,7,10,19,20,22,22/27 3/4"$5,434.00
(excluding Triad),and 25 (only I.D.'s 1"$13,585.00
5,7,10,19,22,and 22/27 require 1 1/2"$27,170.00
reclaimed irriQation meters).2"$43,472.00
3"$86,944.00
4 $135,850.00
6"$271,700.00
8"$434,720.00
10"$624,910.00
-ID 9 3/4"$5,434.00 $25,628.00
1"$13,585.00 $64,070.00
1 1/2"$27,170.00 $128,140.00
2"$43,472.00 $205,024.00
3"$86,944.00 $410,048.00
4 $135,850.00 $640,700.00
6"$271,700.00 $1,281,400.00
8"$434,720.00 $2,050,240.00
10"$624,910.00 $2,947,220.00
-22/27 TRIAD 3/4"$4,091.00
1"$102,228.00
1 1/2"$20,455.00
2"$32,728.00
3"$65,456.00
4 $102,275.00
6"$204,550.00
8"$327,280.00
10"$470,465.00
Installation Charges for Water Meter
28 28.02 and Water Service Laterals Meter Size Meter Fee Meter Box Installation Total Fee
3/4"$59.00 $47.00 $60.00 $166.00
Appendix A
7 of 12
1"$117.00 $47.00 $60.00 $224.00
1 1/2"$250.00 $61.00 $103.00 $414.00
2"$475.00 $61.00 $240.00 $776.00
3"and larger $653.00 n/a $300.00 $953.00
Requirement of Temporary Meter for minimum/per
31 31.02 D.1.Service day $25.00
31 31.03 A.1.Requirement of Deposit -Temporary Meters
3/4"$150.00
1"$180.00
1-1/2"$330.00
2"$445.00
3"$850.00
4"$850.00
6"$2,075.00
31 31.03 A.4.Temporary Meter Install &Removal $128.00
Temporary Meter Move Fee (includes
31 31.03 A.5.backflow certification)3/4"-2"$64.00
3"and larger No backflow test $64.00
Customer Request for Meter Test
33 33.07 A.(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 Charqes $25.00
5%of
Delinquent
34 34.02 B.Late Payment Charqe Balance
34 34.02 G.1.(d)Delinquency Taq $10.00
During regular
34 34.02 G.3.(a)Meter "Turn-On"Charqe business hours $35.00
Appendix A
8 of 12
After regular
34 34.02 G.3.(b)Meter "Turn-On"Charge 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
Rate multipled
by winter
53 53.11 B.2.Residential Sewer Charges average units)$1.56
53 53.11 B.3.Residential Sewer Charges Base Fee 5/8"&3/4"$10.80
1"&larger $15.75
Monthly Residential Sewer Rate
53 53.11 BA.Without Consumption History 5/8"&3/4"$36.88
1"&larger $41.83
53 53.11.CA.Winter Averaging -Sewer
19.68 -15%
discount =16.73
-Single Residential units
8 units -15%
discount =6.8
-Multi-Residential units
Rate multipled
by winter
53 53.11 D.2.Multi-Residential Rate Charges -Sewer average units $1.56
Per ASU (Based
on Student
53 53.11 E.6.Public Schools Sewer Rate Count)$36.88
Per ASUs &
Charged on
53 53.11 F.Sewer State Loan Annual Charge annual tax bills $54.00
Appendix A
9 of 12
Monthly Service Charge for
53 53.11 G.1.Commercial and Institutional Sewer Per ASU $36.88
Issuance of Availability Letters for
60 60.03 Water and/or Sewer Service $75.00
Locking or Removing Damaged or
72 72.04 A.1.Tampered Meters
-To Pull and Reset Meter 3/4"-1"$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.Type I Fine
-First Violation $100.00
-Second Violations $200.00
-Third or each additional violation of that same
ordinance or requirement within a twelve-month period $500.00
Will not exceed
per each day the
violation is
identified or
Type II Fine continues.$5,000.00
I
Fine up to
amount
specified per
each day the
violation is
identified or
Type III Fine continues.$500.00
Appendix A
10 of 12
I
Fine up to
amount
specified per
each day the
violation is
identified or
Type IV Fine continues.$500.00
State Water #71630 &Annual Board Water Availability/Standby Annual Less Than One
Code Resolution #4142 Special Assessment Charge Acre all 1.0.s &$10.00
Per Acre in 1.0.
1,5,&Outside
an 1.0.$10.00
Per Acre in 1.0.
2,3,7,9,10,19,20,
22,25,&27 $30.00
Less Than One
one acre
Outside 1.0.and
greater than one
mile from
District facilities.$3.00
Per Acre for
Outside 1.0.&
greater than one
mile from
District facilities.$3.00
Less Than One
State Water #71630 &Annual Board Sewer Availability/Standby Annual Acre 1.0.4,14,
Code Resolution #4142 Special Assessment Charge &18 $10.00
Appendix A
11 of 12
,........•,-.'.-,......,_......:':'''_$~.'.:..)"'".Ir~
Per Acre I.D.4,
14,&18 $30.00
Annual Per $1000 of
Board General Obligation Bond Annual Tax assessed value
Resolution Assessment for I.D.27 $0.005
Policies
5 Copies of Identifiable Public Records $0.10/page
Cassette Tape Duplication $2.00/tape
Yearly Subscription Service for Agendas $20.00/year or
and Ratified Minutes $0.50/meeting
$1 OO.OO/year for
first copy and
$200.00/year for
Yearly Subscription Service for Board each copy
Packet and Ratified Minutes thereafter
Appendix A
12 of 12
Attachment D includes the following proposed copies of the Code of
Ordinances Sections 9,10,23,25,28,31,33,34,53 &60 and Policy 5
CHAPTER 6
SECTION 9
MISCELLANEOUS ADMINISTRATION PROCEDURES
ANNEXATIONS AND DETACHMENTS
I~i)
9.01 REQUIREMENT OF ANNEXATION FOR SERVICE
Except as provided elsewhere in this Code,whenever
utility service is requested for land outside the bounda-
ries of an improvement district,the land to be serviced
must first be annexed to an improvement district(s).If
the land is located outside the boundaries of the District,
the land must also be annexed to the District.
9.02 ANNEXATIONS TO OR DETACHMENTS FROM IMPROVEMENTS
DISTRICTS
An owner or owners of land within the District desir-
ing to annex to or detach land from an improvement district
within the District must file a petition for such proceed-
ing with the District.Annexation proceedings shall be
conducted pursuant to Chapter I (commencing with Section
72670)of Part 11,Division 20 of the California Water
Code.Detachment or exclusion proceedings shall be
conducted pursuant to Part 8.5 (commencing with Section
72080)of Division 20 of the California Water Code.
9.03 ANNEXATIONS TO OR DETACHMENTS FROM THE DISTRICT
THROUGH LAFCO
An owner or owners desiring to annex land to or to
detach land from the District may either (i)file a peti-
tion directly with the Loca'l Agency Formation Commission
(LAFCO)for the annexation or detachment or (ii)request
the District to file the petition with LAFCO for such
annexation or detachment.Any such proceeding for annexa-
tion or detachment,which is deemed a change of organiza-
tion or reorganization pursuant to the Cortese-Knox Local
Government Reorganization Act of 1985,shall be initiated,
conducted and completed pursuant to Title 6,Division 1
(commencing with Section 56000)of the California Govern-
ment Code.
9.04 FEES AND CHARGES FOR ANNEXATIONS OR DETACHMENTS
A petitioner requesting an annexation to or detachment
from the District or an improvement district within the
District shall pay the following applicable fees and
charges:
9-1
A.Administrative Processing Fees
1.District Process~ng Fee.A District processing fee
(see Appendix A,9.04 A.l.for fee)shall be paid
to the District for each annexation or detachment
proceeding,regardless of the number of parcels
involved,provided all parcels are included in one
proceeding.This fee shall constitute the "base
rate"on March 3,1997.The base rate shall be
adjusted annually for fluctuations in the Consumer
Price Index (Urban Wage Earners and Clerical
Workers -Los Angeles)and subsequent cost-of-
living adjustment (COLA).
2.Additional Processing Fees or Charges.The peti-
tioner shall pay all processing fees and charges
due LAFCO,the State Board of Equalization and any
other applicable government agency.
3.Concurrent Annexations to or Detachments from the
District and an Existing Improvement District.
No additional processing costs or fees will be
charged to a petitioner for an annexation to or
detachment from an existing improvement district
when the proceeding is part of an annexation to
or detachment from the District.
4.Payment of Fees and Charges.The District
processing fees and charges shall be paid to the
District at the time the petition for such
proceeding is filed.Where a petition is filed
with LAFCO,the District shall notify LAFCO that
payment of all required fees and charges to the
District shall be a condition for District
approval of the annexation or detachment.
B.Annexation Fees for Annexations to Water Improve-
ment Districts.The annexation fee (see Appendix
A,9.04 B.)shall constitute the "base rate"on
March 13,2006 (effective July 1,2006).The base
rate shall be adjusted quarterly for fluctuations
in construction costs,as measured by the
Engineering News Record Construction Cost Index for
the Los Angeles Region.The ENR Construction Cost
Index of 8552.3 (as of March 13,2006)shall be
deemed the "base index."The adjustment shall be
in an amount equal to the percentage change in the
ENR Construction Cost Index from the base index for
the period from March 13,2006 to the date of
payment.
1.No water annexation fee shall be required for
existing and future agricultural water service
9-2
furnished by the District under the COMMERCIAL
AGRICULTURAL category of Section 25 of the Code.
2.Non-permanent irrigation water service furnished by
the District under Section 30 of the Code shall be
available without payment of a water annexation
fee.
3.Open Space to be Annexed.Open space lands shall
not be excluded from annexations of land to a
water improvement district.
4.Water Meter Type Exclusions.Annexation fees
shall be collected on all water meters sold
except for temporary water meters,water tank
truck meters,nonpermanent irrigation water
meters and outside user meters,all as defined
elsewhere in this Code.
5.Effective Date.Annexation fees shall be col-
lected on all lands annexing to a water improve-
ment district on or after March 5,1997.
6.Basis for Determination.For annexations of land
to a water improvement district within the Dis-
trict,the petitioner shall pay an annexation fee.
The fee shall be paid at the time of water meter
purchase.
For permanent water meters,except for commercial
agricultural meters,the annexation fee shall be
determined on the basis of the demand to be placed
on the District-wide water system.The fee will be
determined on the basis of the size of the water
meter required,as set forth in Section 27 of the
Code.The fee shall be determined by multiplying
the demand factor for the meter size,as set forth
in Section 28 of the Code,by the annexation fee
per EDU.See Appendix A,9.04 B.for fees.
C.Annexation Fees for Annexations to Sewer Improve-
ment Districts
1.Improvement District Annexation.All annexation
for sewer service shall be into Improvement
District No.18 on or after December 16,1998.
2.Open Space to be Annexed.Open space lands shall
not be excluded from annexations of land to a
sewer improvement district.
3.Effective Date.Annexation fees shall be
collected on all lands annexing to a sewer
9-3
improvement district on or after December 16,
1998.
4.Basis for Determination.For annexations of land
to a sewer improvement district within the Dis-
trict,the petitioner shall pay an annexation
fee.The fee shall be determined on the basis of
the demand to be placed on the District sewer
system.The fee shall be paid at the time of
sewer service connection request or General
Manager's approval of plans,whichever occurs
earlier.The extent of the demand will be
determined on the basis of each equivalent
dwelling unit (EDO)of service which is to be
connected to the District sewer system.The
number of EDOs prescribed in Section 53 of the
Code shall be the basis for computation of the
amount of the annexation fee.The fee will be
determined by multiplying the number of EDOs by
the annexation fee per EDO.See Appendix A,9.04
C.4 for fees.
This annexation fee shall constitute the "base
rate"on December 16,1998.The base rate shall
be adjusted quarterly for fluctuations in
construction costs as measured by the Engineering
News Record Construction Cost Index for the Los
Angeles Region.The ENR Construction Cost Index
of $6,859.45 (as of November 9,1998)shall be
deemed the "base index."The adjustment shall be
in an amount equal to the percentage change in
the ENR Construction Cost Index from the base
index for the period from November 9,1998 to the
date of payment.
D.Detachment Fees
For each detachment of land from an improvement
district,the petitioner shall pay such fees as
the General Manager determines are appropriate
for the detachment.Determinations shall be made
by the General Manager on a case-by-case basis.
9.05 TAXATION OF PROPERTY AFTER ANNEXATION TO IMPROVEMENT
DISTRICT
Where property is annexed by a petitioner,other than
a tax-exempt agency,the property in the annexed area shall
be subject to taxation after the annexation thereof for the
purposes of the improvement district,including the payment
of principal and interest on bonds and other obligations of
the improvement district authorized and outstanding at the
time of the annexation.The Board of Directors shall
9-4
provide as a condition of the annexation that the annexed
area shall be subject to taxation as if the property had
always been a part of the improvement district.
9-5
The grant or denial of such waiver or modification
shall be determined solely by the Board of Directors.Any
such waiver or modification shall be effective only upon
such Board approval which shall set forth the terms and
conditions thereof.Each waiver or modification shall be
limited to the person and property involved in the applica-
tion.
Any person may present a petition to the Board of
Directors requesting that the Board consider a waiver or
modification of requirements of a section of an ordinance
set forth in this Code.The petition for waiver or modifi-
cation shall be in writing on forms furnished by the Dis-
trict.A fee as set forth in Appendix A,10.01 shall be
paid at the time of submission of the petition requesting
the waiver or modification.
SECTION 10
10.01
10.02
APPLICATION FOR WAIVER OR MODIFICATION OF
ORDINANCE REQUIREMENTS
FILING OF PETITION
REVIEW BY BOARD OF DIRECTORS
10-1
SECTION 23 NON-RESPONSIBILITY OF DISTRICT
23.01 INTERRUPTIONS OF WATER SERVICE
The District assumes no responsibility for the delivery
of water through privately-owned pipelines or systems t nor
shall it assume any responsibility for damages resulting from
the operation of any such system even though water may be
received from a district water distribution system.
District does not guarantee continuous delivery of water
on demand.From time to time it may be necessary for the
District to shut off the flow of water in any of its water
systems.Except in emergencies,such stoppages will not be
made without prior notice to the customers involved.District
shall not assume any responsibility for loss or damages which
may occur due to interruption of water service.
23.02 PRIVATELY-OWNED WATER LINES
23.03 WATER PRESSURE REGULATION
A.Customer Responsibility.The District shall
/assume no responsibility for water pressure
regulation within a customer's service area.The
customer shall be responsible for providing adequate
safeguard measures for the customer's water system
wherever pressure regulation is necessary.
B.Requirement for Installation in New Construction.
Customers making application for water service for
new construction for residential t commercial or
industrial use shall be required to install an
appropriate pressure regulation device for such
service.
23.04 CROSS-CONNECTIONS AND BACKFLOW DEVICES
State Regulations for Cross-Connections.
The California Department of Public Health has issued
Regulations Relating to Cross-Connections (Calif.Adm.Code t
Title 17 -Public Health)for the purpose of safeguarding
drinking water supplies by preventing backflow into public
water systems.The term "cross connection"means any
unprotected connection between any part of a District water
system and any other source or system containing water or
substance that is not or cannot be approved as safe t
wholesome t and potable for human consumption.The District
has adopted Rules t Regulations t and Fees Regarding Cross-
Connections as uncodified Ordinance No.386 which is available
in the Operations and Engineering Departments.The backflow
fees are as set forth in Appendix At 23.04.
23-1
23.05 WATER SERVICE FOR STEAM BOILERS
Customers using District water to supply steam boilers
are required to provide adequate storage of water for boiler
use for a minimum period of 12 hours.
23.06 ELECTRICAL GROUND CONNECTIONS
The connection of electrical ground wire to water pipes
is prohibited.The District shall assume no responsibility
for any loss or damage resulting from such a connection.
23-2
SECTION 25
25.01 SERVICE AREA
CONDITIONS FOR WATER SERVICE
Water service shall be furnished by the District only to
property within (annexed to)a water improvement district within
the District's service area.Water service to property located
outside an improvement district may be furnished only upon prior
approval of the Board of Directors.Temporary water service to
property located outside an improvement district may be
furnished,in accordance with Section 25.03 E.10.,upon the
approval of the General Manager.
25.02 DEFINITION OF "H.C.F."AND "UNIT OF WATER"
As used in the Code the terms "H.C.F."and "unit of water"are
interchangeable and each shall mean 100 cubic feet or 748
gallons of water.
25.03 DEFINITIONS OF WATER SERVICE CATAGORIES,WATER RATES,CHARGES
AND FEES
Water service furnished by the District shall be under the
categories of services and at the rates,charges and fees as set
forth in Appendix A,Section 25.
Five-year Rate Increase Schedule -All District water rates,
charges and fees are subject to a five-year schedule of rate
increases beginning September 1,2009 and periodically
thereafter through June 30,2014.The increases under this
schedule shall be the amount sufficient to cover cost increases
related to operations and maintenance,but not to exceed 10%per
year.
Five-year Periodic Pass-through Rate Increases or Decreases from
District Wholesalers -All District water rates,charges and
fees are subject to periodic rate changes from the District's
public agency wholesalers for a five-year period beginning
September 1,2009 through June 30,2014.
A.Set-up Fees for Accounts.A set-up fee shall be charged
for each account transferred to another customer.See
Appendix A,25.03 A.for charges.A deposit will be
required of all customers who do not own the property to be
served.See Appendix A,25.04 A.for deposit amounts.
B.Monthly Fixed MWD &CWA Charges.Each potable water
service customer shall pay a monthly MWD and CWA fixed
charge,as set forth in Appendix A,25.03 C.Proceeds of
the charge will be used to pay for operating and
maintenance costs,including the following:MWD Readiness-
to-Serve Charge and Capacity Reservation Charge;CWA
Infrastructure Access Charge,Customer Service Charge,and
25-1 Revised 08/24/09
Effective 09/01/09
Emergency Storage Charge.The MWD &CWA charge is based on
the size of the water meter(s)in service.The MWD &CWA
charge shall start upon installation of the meter.
C.Monthly Fixed System Charges.Each water service customer
shall pay a monthly fixed system charge,as set forth in
Appendix A,25.03 C.Proceeds of the charge will be used
to pay for water system replacement,maintenance,and
operation expenses.The system charge is based on the size
of the water meter(s)in service.The system charge shall
start upon installation of the meter
D.Water Conservation Drought Pricing.To promote
conservation,base tiered water rates for all water
services are subject to percentage increases during drought
stages,as shown in the table below:
Drought Stage Pricing
Stage 2 Stage 3 Stage 4
Tier 1*0%0%0%
Tier 2 Up to 5%Up to 10%Up to 15%
Tier 3 Up to 30%Up to 60%Up to 90%
*Domestic residential water service has four tiered base
rates as outlined in Appendix A,25.03 E.1.(b).Tier 1 of
the above table applies to the first two tiered base rates.
Tier 2 of the above table applies to the third tiered base
rate.Tier 3 of the above table applies to the fourth
tiered base rate.
E.Categories of Water Service.The definitions and rates and
charges for water service furnished by the District shall
be as follows:
1.DOMESTIC RESIDENTIAL WATER
(a)Defined as:Water service for single residential
and individually metered attached households as
well as other domestic uses (other than that
provided for in Paragraph 2 below).
(b)Base Rate:The tiered base rates of water
furnished under this category shall be set forth
in Appendix A,25.03 E.1.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
25-2 Revised 08/24/09
Effective 09/01/09
2 .MULTIPLE RESIDENTIAL WATER
(a)Defined as:Master metered water service for
multiple residential households,for example,
duplexes,townhomes,apartments and mobile homes.
(b)Base Rate:The tiered base rates of water
furnished for each dwelling unit under each block
of service in this category shall be as set forth
in Appendix A,25.03 E.2.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
3.BUSINESS AND PUBLICLY-OWNED WATER
(a)Defined as:Potable water service for
commercial,industrial and publicly-owned
establishments.
(b)Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.3.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
4.IRRIGATION AND COMMERCIAL AGRICULTURAL USING POTABLE
WATER
(a)Irrigation is potable water service provided
solely for irrigation of landscape or
landscaping,as defined in Section 0.02.
(b)Commercial agricultural engaged in the growing or
raising of live stock,in conformity with
recognized practices of husbandry,for the
purpose of commerce,trade or industry,or for
the use by public educational or correctional
institutions or agricultural horticultural or
floricultural products and produced,
(i)for human consumption or for the market,
or
(ii)for the feeding of fowl or livestock
produced for human consumption or for the
market,or
(iii)for feeding fowl or livestock for the
purpose of obtaining their products for
human consumption or for the market,such
25-3 Revised 08/24/09
Effective 09/01/09
products to be grown or raised on a
parcel of land having an area of not less
than one acre utilized exclusively
therefore.
(c)Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.4.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
5.RECYCLED WATER
(a)Defined as:Non-potable and recycled water service
provided for irrigation of landscaping,as defined
in Section 0.02 A.of the Code,and certain non-
irrigation purposes,other than domestic use,in
compliance with federal,state and local laws and
regulations regarding use of recycled water.
(b)The provisions of this Code,relating to use of
recycled water,set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices,shall be strictly
enforced in connection with the use of recycled
water.
(c)Base Rate:The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A,25.03 E.5.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d)Monthly system charge:The monthly system charge
for recycled water service is set forth in
Appendix A,25.03 C.
6.TEMPORARY AND CONSTRUCTION WATER SERVICE
(a)Defined as:Water service provided by the
District on a temporary basis,pursuant to
Section 31 of this Code.
(b)If capacity fees have not been paid by the
customer,the rates for water furnished under
this category is set forth in Appendix A,25.03
E.6.(b).
(c)If the customer has paid capacity and annexation
fees,the base rate for water furnished under
[
111I:
25-4 Revised 08/24/09
Effective 09/01/09
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d)The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e)The applicable monthly system and MWD &CWA
charge shall be the same rates charged to
customers in the same category of service on a
permanent meter basis per Appendix A,25.03 C.
7.WATER SERVICE UNDER SPECIAL AGREEMENTS
(a)Defined as:Water service provided under express
agreements approved by the Board of Directors for
service to golf courses and other entities,which
service may be curtailed or interrupted by the
District under conditions provided in such
agreements.
(b)For water service under this category the base
rate shall be determined on a case-by-case basis.
Unless otherwise specified in the particular
agreement,the tiered base rates for this
category of service are subject to the increased
drought pricing outlined in Section 25.03 D.
8.TANK TRUCKS
(a)Defined as:Water service provided for the
filling of tanks on motor vehicles transporting
water used for other than earth grading purposes,
which service shall be made only through a
portable meter issued by the District to a
customer specifically for use in accordance with
the provisions herein for such service.
(b)The rate for metered water furnished under this
category is reflected in Appendix A,25.03 E.8.
(b),plus a monthly system charge at the rate set
forth in Appendix A,25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(c)Requirements for Use of Water Meter
(1)To receive such service,the customer must
make a deposit for the use a water meter
furnished by the District.The fee is set
forth in Appendix A,31.03 A.l.
25-5 Revised 08/24/09
Effective 09/01/09
(2)Upon termination of the service,the Dis-
trict will refund the amount of deposit
remaining after making the following
deductions:
(i)Cost of repairing or replacing the
meter,fire hydrant and/or any fittings
damaged or lost while in use;and
(ii)Unpaid charges for water or other
applicable charges.
(3)Prior to the end of each six month period
following issuance of a meter under this
section,or at the request of the District,
whichever is earlier,the customer shall
return the meter to the District for
inspection,repair,or calibration as deemed
necessary by the District.
(4)Payment for water service under this cate-
gory shall be made as follows:
(i)The bill shall be based on the amount
of water actually used,which shall be
determined by the District's reading of
the meter or by a report made by the
customer to the District in the manner
prescribed by the District.
(ii)Where the actual amount of water used
cannot be determined as provided in
(i),the District will issue a bill
based on a District estimate of the
amount of water used,as determined by
the District.Such estimates shall be
reconciled with actual amounts used
when the customer returns the meter to
the District as provided in paragraph 3
above.
(iii)Payments shall be made as specified on
the bill.
9.WATER SERVICE OUTSIDE DISTRICT
(a)Defined as:Water service for real property
outside the service area of the District.
(b)This service will be provided only upon prior
approval of the General Manager when there is a
surplus of water over and above the existing
needs for service in the District.This service
is temporary and may be terminated upon written
notice from the District.Customers for this
25-6 Revised 08/24/09
Effective 09/01/09
service are sometimes referred to as "outside
users."
(c)Customers applying for this category of service
shall pay an application fee as set forth in
Appendix A,25.03 E.9.(c).
(d)The rate for metered water furnished under this
category shall be charged the rate as described
in Appendix A,25.03 E.9.(d),plus a monthly
system charge at the rate set forth in Appendix
A,25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e)Customers requesting only fire service or a fire
hydrant under this category shall be charged a
capacity fee based on one (1)EDU for a permanent
meter in the improvement district from which the
fire service derives its flow,plus a monthly
system charge at the rate set forth in Appendix
A,25.03 E.11.(c).
10.WATER SERVICE OUTSIDE AN IMPROVEMENT DISTRICT
(a)Defined as:Water service for property located
within the boundaries of the District,but not
within a water improvement district.Customers
for this service are sometimes referred to as
"outside users."
(b)Customers applying for this service shall pay an
application fee as set forth in Appendix A,25.03
E.10.(b).The District will review the
application to determine whether the land to be
served should be annexed to an improvement
district.If it is determined that annexation is
not practical,the Board of Directors may
authorize service as an outside user.This
service will be reviewed periodically until it is
determined that the property must be annexed to
an improvement district or that service must be
terminated.
(c)The rate for metered water furnished under this
category is as set forth in Appendix A,25.03
E.10.(c),plus a monthly system charge as set
forth in Appendix A,25.03.C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
25-7 Revised 08/24/09
Effective 09/01/09
(d)Upon approval of the Board of Directors,a cus-
tomer,who has paid all construction costs for
facilities necessary to serve the customer's
property in lieu of annexation to a water
improvement district,shall be exempt from the
provision for this category of service.
11.SERVICE FOR FIRE PROTECTION
(a)Defined as:Water service provided by the Dis-
trict solely to feed fire hydrants or fire
sprinkler systems from lines or laterals con-
nected to District water mains.
(b)The District will not make a charge for the
quantity of water used for fire protection
purposes.
(c)The monthly system charge for this category
of service is set forth in Appendix A,25.03
E.11.(c)for each connection to a District water
main made for fire protection service.
12.WATER SERVICE TO PROPERTY NOT SUBJECT TO DISTRICT
TAXES
(a)Pursuant to Section 71613 of the California Water
Code,the District may furnish water to property,
not subject to District taxes,at special rates,
terms and conditions as are determined by the
Board of Directors for such service.Such rates,
terms and conditions shall be uniformly applied
to like classes and conditions of service in the
same improvement district or geographical area.
(b)Customers in this category,such as publicly-
owned establishments,shall pay an additional fee
as outlined in Appendix A,25.03 E.12.(b).
13.INTERIM WATER SERVICE IN IMPROVEMENT DISTRICT 7
(a)Definition of Interim Service.This is water
Service furnished to a customer in Improvement
District 7 (10 7)for temporary use.
(b)Rates for Interim Service.Customers applying
for interim service in 10 7 shall not be required
to pay the 10 7 water capacity fee and San Diego
County Water Authority fee,as required under
Section 2801 of this Code.The water rate is set
forth in Appendix A,25.03 E.13.(b).
(c)Conversion to Permanent Service.At such time as
use expires,the customer shall be required to
25-8 Revised 08/24/09
Effective 09/01/09
pay all fees in effect at the time the permanent
use is implemented.
F.Energy Charges for Pumping Water
In addition to water rates and other charges provided for
in this Section 25.03,customers shall be charged an energy
pumping charge based on the quantity of water used and the
elevation to which the water has been lifted to provide
service.The energy pumping charge shall be made at the
rate set forth in Appendix A,25.03 F.
G.Additional Water Charge for Service in the North District
1.In addition to other applicable water rates and
charges provided for in this Section 25.03,each
customer receiving water service in the North District
shall pay a charge as set forth in Appendix A,25.03
G.l.The North District area is defined in Section
0.02 of this Code.
2.All proceeds from charges collected pursuant to this
Section 25.03 G.shall be set aside by the District in
a separate account and shall be used solely for
payment of costs and borrowings for construction,
installation and maintenance of water storage
reservoirs,pump stations and water lines to provide
service in the North District.
H.Additional Water Charges and Monthly System Charges for
Service in the ID 9 Water Service Zone
1.In addition to other applicable water rates and
charges provided for in this Section 25.03,effective
May 1,1986,each customer receiving water service in
the ID 9 Water Service Zone shall pay a charge set
forth in Appendix A,25.03 H.l.The ID 9 Water
Service Zone area is defined in Section 0.02 of this
Code.
2.In addition to the monthly system charges provided
for,effective May 1,1986,each customer receiving
water service in the ID 9 Water Service Zone shall pay
a monthly meter system charge as outlined in Appendix
A,25.03 H.2.for each meter in service.
3.All proceeds from charges collected pursuant to this
Section 25.03 H.shall be set aside by the District in
a separate account and shall be used solely for pay-
ment of costs and borrowing for construction,
installation and maintenance of water storage reser-
voirs,pump stations and water lines to provide ser-
vice in the ID 9 Water Service Zone.
25-9 Revised 08/24/09
Effective 09/01/09
I.Additional Water Charges for Services in the 10 3,10 10
and La Presa Water Service Zones.
1.In addition to other applicable water rates and
charges provided for in this Section 25.03,effective
May 17,1993,each customer receiving water service in
10 3,10 10 and La Presa Water Service Zones is
assessed an additional charge per H.C.F.of water
furnished by the District.Said surcharge is assessed
as set forth in Appendix A,25.03 1.1.(a),(b),and
(c)•
2.All proceeds from charges collected pursuant to this
Section 25.03 I.shall be set aside by the District in
a separate account and shall be used solely for
payment of costs and borrowings for construction,
installation and maintenance of water storage,
reservoirs,pump stations and water lines to provide
service in the 10 3,10 10 and La Presa Water Service
Zones,respectively.
25.04 DEPOSITS BY LESSEES OR NON-OWNERS OF PROPERTY
When an application for water service is made by a customer
who does not own the land to be served,the customer shall
be required to make a cash deposit to assure payment of the
account.In lieu of a deposit,the customer may have
payment of water service bills guaranteed in writing by the
owner of the property.The amount of deposit,determined
by the size of meter is outlined in Appendix A,25.04 A.
A.AMOUNT OF DEPOSIT
The customer's deposit shall be applied to reduce or
satisfy any delinquent payment or other amount due the
District at the time of termination of water service to
the customer.Any portion of the deposit remaining,after
satisfaction of the amount due,shall be refunded to the
customer that made the deposit.
The deposits listed above may be waived for a new resi-
dential applicant where the applicant demonstrates credit
worthiness based upon prior utility payments or a non-
delinquent water account for one year or other similar
evidence of credit.
25-10 Revised 08/24/09
Effective 09/01/09
B.REFUND OF DEPOSIT
Where funds have been on deposit for twelve months in a
domestic service account and there has been no more than
one delinquent payment on that account during that period,
the District will apply a credit to the water account in
the amount of the deposit.
C.LETTER OF CREDIT
A letter of credit,in a form approved by the General
Manager or Department Head of Finance,may be submitted to
the District to satisfy the deposit requirements.
25.05 SERVICE TO SUBSEQUENT CUSTOMERS
After a water meter has been installed for a customer and all
fees and charges have been paid,water service may be furnished
to a subsequent customer through the water meter installed
without payment of further charges,except for the set-up fee
for transferred accounts,payment of delinquent charges for the
applicant's service or other deposits that may be required by
this Code.
25-11 Revised 08/24/09
Effective 09/01/09
SECTION 28 CONNECTION FEES AND CHARGES FOR POTABLE OR RECLAIMED
WATER SERVICE
28.01 COLLECTION OF FEES AND CHARGES
A.Fees and Charges to be paid by the Customer.
The following fees and charges shall be paid by the
customer to connect to a District water system for potable
water or reclaimed water service;these are in addition to
the fees and charges in Section 9 and 25.Fees and charges
shall include,but not be limited to,District fees,San
Diego County Water Authority fees,applicable zone charge
and charges for work performed by District personnel on
behalf of the customer.These charges may include the
installation by District personnel of a water service
lateral,and inspections required due to the requirement of
a back flow device.These charges may also include a meter
fee,installation fee (where lateral exists),lateral fee,
meter box fee,and excavation permit fee.
B.Basis for Determination of Connection Fees and Charges.
The fees and charges shall be determined as follows:
1.For permanent water meters,including potable or
recycled irrigation service,the total water
connection fee shall be determined on the basis
of the demand to be placed on the District water
system.The extent of demand will be determined
on the basis of the size of the water meter,as
set forth in Section 27 of the Code.The water
connection fee will be determined by multiplying
the demand factor,as set forth below,for the
meter size by the total of the District-wide
capacity fee and applicable zone charge.
Meter Size
3/4"
1
1-1/2"
2"
3"
4"
6"
8"
10"
28-1
Demand Factor
1
2-1/2
5
8
16
25
50
80
115
28.02
28.03
The District-wide capacity fee and the applicable zone
charge shall constitute the "base rate."For fees or
charges after January 1,2003,the base rate shall be
adjusted quarterly for fluctuations in construction
costs,as measured by the Engineering News Record
Construction Cost Index for the Los Angeles Region.
The ENR Construction Cost Index of 7,402.75 (as of
January 1,2003)shall be deemed the "base index."
The adjustment shall be in an amount equal to the
percentage change in the ENR Construction Cost Index
from the base index for the period from April 2,2003
to the date of payment.
INSTALLATION CHARGES FOR WATER METER AND WATER SERVICE LATERALS
The determination of the water meter or service lateral
size shall be based upon the information provided by the
customer as detailed in Section 27 of the Code.The
installation charges are set forth in Appendix A,28.02.
Where a water meter larger than 2-inch or a new water
lateral is required,a customized,written estimate of the
District's costs will be prepared.
The customer shall deposit the estimated costs with the
District prior to commencement of the work.If actual costs
incurred by the District are less than the amount deposited,the
District shall refund the excess to the customer.If the actual
costs incurred exceed the amount deposited,the customer shall
reimburse the District for the additional costs.
METER FEE REFUND
A.If a water meter/service has been paid for but not
installed,a customer may receive a refund of the
District's capacity fee and charges.If San Diego County
Water Authority capacity fees have been paid to San Diego
County Water Authority,the customer shall request a refund
from San Diego County Water Authority.
B.If the customer wants to change the meter/service size,
they will be credited with the number of equivalent
dwelling units they have previously purchased and will be
refunded any balance per Section 28.03 A;above.If
additional equivalent dwelling units are required,the
customer will be charged based on 28.01 and 28.02.
28-2
28.04 FEES FOR CONSTRUCTION OF WATER FACILITIES FOR RANCHO JAMUL
PRESSURE ZONE 1655
There is hereby established a fee for construction of water
facilities that are required to provide water service in
Pressure Zone 1655 within Improvement District 9.The pressure
zone area is as shown on the map on file in the office of the
District Secretary.See Appendix A,28.01 B.1.for list of fees
per meter size.
28-3
SECTION 31 TEMPORARY WATER SERVICE
31.01 DEFINITION OF TEMPORARY SERVICE
Temporary water service is water service provided for a
limited period of time not to exceed 365 days,and used for
temporary purposes such as construction,hydrotesting water
systems,vegetation of slopes,and other uses noted in this
section.Temporary water service shall not be provided to
residential dwellings or commercial business enterprises.
31.02 REQUIREMENT OF TEMPORARY METER FOR SERVICE
Temporary service may be provided after installation of a
temporary meter pursuant to a customer's written application for
such service.Temporary service by means of a "jumper"or other
unauthorized connection to the District water system is
prohibited.
A.Size and Location.
1.The size and location of temporary meters will be
determined solely by the District.
2.For temporary service from a fire hydrant,a meter of
at least 4"in size will be required.Only one 2~"
fire hydrant port per fire hydrant shall be occupied
by a temporary meter at one time.
B.Temporary water service from a fire hydrant shall be
limited to the following applications:
1.Filling of water trucks and drop tanks.
2.General construction requirements,such as backfill
and compaction,guniting and stuccoing,and block wall
building.
3.Flushing of storm drains and sewer lines.
4.Filling,hydrotesting,chlorination,and flushing of
newly constructed potable and reclaimed water lines.
5.Filling,flushing,hydrotesting,and the initial
operational coverage testing of reclaimed water
irrigation systems.Temporary service provided for
this application shall be limited to a maximum of 60
days.
6.Operation of landscape irrigation for the
establishment of vegetation on slopes or other planted
31-1
areas.Temporary service provided for this
application shall be limited to a maximum of 180 days.
Item 5 and 6 above shall require the installation by
the customer of a District approved and tested reduced
pressure backflow device prior to the temporary
service being established.The backflow device shall
be installed in plain view and within 3 feet of the
temporary hydrant meter.
C.Temporary service to construction trailers or other
temporary construction buildings shall be provided as
follows:
1.Through a temporary meter connected to the 1 or 2 inch
service lateral for the lot the trailer is placed on.
2.Where Item 1 above is not possible,through a
temporary meter connected to appurtenances other than
a fire hydrant,such as a blow off.
3.Where either Item 1 or 2 above is not possible,from a
temporary 4 inch meter connected to a fire hydrant.
Service to construction trailers or other temporary
construction buildings shall require the installation by
the customer of a District approved and tested reduced
pressure backflow device prior to the temporary service
being established.The backflow device shall be installed
in accordance with District requirements.
D.Temporary service to community service organizations shall
be provided under the conditions set forth below:
1.The community service organization shall make a
minimum payment for the temporary connection.See
Appendix A,31.02 0.1.for charges.
2.If the cost of the water used exceeds $25.00,the
community service organization shall pay the excess
cost.See Temporary Water Service Rates in Appendix A,
25.03 E.6.(b)for rates per meter.
3.The temporary service shall be limited to 48 hours
within anyone month period.
4.The meter shall be installed by District staff.
5.The rate for water service shall be two times the
normal domestic rate.
31-2
31.03
E.If any unauthorized connection,disconnection or relocation
of a temporary meter,or other connection device is made by
other than District employees,District may discontinue
further water service to the entire project.
F.Extensions to the time limits referenced in this section
may be made by the General Manager.Requests for time
extensions shall be made by the customer in writing.
FEES AND CHARGES FOR TEMPORARY METERS
A.Temporary Service.Temporary water service shall be
furnished to the property owner or the owners authorized
agent only and shall be provided under the following
conditions:
1.Requirement of Deposit.At the time application is
made for temporary service,the customer shall deposit
with the District the amount set forth in Appendix A,
31.03 A.l.
2.Delinquency.No temporary meters shall be furnished
to any person with a delinquent account with the
District.
3.Refund of Deposit or Additional Payment.Upon
cancellation or termination of the temporary service,
the District will refund the amount of deposit
remaining after making the following deductions:
a)cost of installing,moving and removing the
meter;
b)cost of repairing or replacing the meter,fire
hydrant,and/or any fittings damaged or lost
while in use;and
c)unpaid charges for water used or other applicable
charges.
4.Temporary Meter Set-up &Removal.The charges to set-
up and remove a temporary meter are set forth in
Appendix A,31.03 A.4.
5.Temporary Meter Move Fee.If a meter needs to be moved
from one location to another see Appendix A.,31.03
A.5.
B.Rates for Temporary Service.Payment for temporary water
service shall be in accordance with rates and charges set
forth in Section 25.03 E.6.(b).
31-3
31.04 PAYMENT OF CAPACITY AND ANNEXATION FEES FOR TEMPORARY METERS
A.Customers,whose property has been annexed into an
Improvement District,may elect to pay the capacity and
annexation fees in addition to the deposit amount shown in
Section 31.03.A.1.
B.Capacity and annexation fees for this type of temporary
service shall be calculated in accordance with Section 28.
C.Payment for this type of temporary service shall be in
accordance with the rates and charges set forth in Section
25.03 E.4.(c).
D.Customers electing this type of temporary service shall be
credited the number of equivalent dwelling units they have
previously purchased when the meter(s)is returned to the
District.The credit shall be applicable to permanent
meters purchased within the same subdivision or development
where the temporary meter was used.
31-4
SECTION 33 GENERAL REGULATIONS FOR USE OF WATER METERS
33.01 FURNISHED AND INSTALLED ONLY BY DISTRICT
Water meters used for service from a District water distri-
bution system shall be furnished and installed by the District.
Meters will be furnished only for use for a specific parcel of
land.Master meters and meters for irrigation purposes may be
furnished for more than one specific parcel of land upon the ap-
proval by the District.The Fees and charges are set forth in
Appendix AI 28.02.
33.02 OWNERSHIP OF METERS
The District shall retain title to all meters'installed
within the District.Payment by a customer of installation fees l
capacity fees l meter charges I connection charges or any other
fees or charges shall not transfer ownership of a meter from the
District to the customer.
33.03 RELOCATION OF METERS
with prior District approval I water meters may be moved at
the request of the owner from one location to another location on
the same parcel or within the same tract owned by the customer
upon payment of an amount determined by the District.
33.04 METER TURN-OFF REQUESTED BY CUSTOMER
At the request of the customer l a water meter may be turned
off and locked without chargej providedl however I the system
charge shall continue to apply.
33.05
A.
B.
C.
REMOVAL OF METERS
Abandonment of Service.The District may remove any
water meter where the customer has abandoned water ser-
vice through that meter.
Permanent Removal of Meters for Agricultural or Irriga-
tion Service.When service is no longerrequiredl me-
ters for agricultural and irrigation service may be re-
moved upon the request of a lessee who paid the fees
and charges (or upon request of the owner if the lease
has expired)I or upon the request of the owner if the
fees were paid by the owner.
Request for Removal of a Water Meter After Installa-
tion.If l after installation of a water meter l a re-
quest is made by a customer for the removal of that wa-
ter meter from service l the customer shall be credited
with the number of Equivalent Dwelling Units ("EDU")
33 - 1
for that meter size.If thereafter a request is made
for the installation of the same size water meter at
the same location,no capacity fee shall,he,due.If
the customer's request is for a larger meter,all ca-
pacity fees and charges per 28.01 and 28.02 shall be
due and payable for all EDUs t less the EDU credit for
the meter previously removed.No refund shall be due
or payable for any portion of a capacity fee previously
paid.The customer shall pay any expenses incurred by
the District for removing and replacing the meters.
D.Removal of Meters for Delinquent Payment of Water
System Charges.If an owner/customer remains delin-
quent in the payment of water charges or system charges
after written notice of delinquency from the District t
the District may remove the owner/customex':swater me-
'ter.Refer to Section 72 for additional''information
regarding the procedure for removal of the meters.The
fees and charges are set forth in Appendix At 72.04
A.l.
If the request for such service is made more than six
months after removal of the metert the request shall be
processed as a new order for service and all applicable
fees and charges for a new service (except for capacity
fees)shall be due and payable.'
33.06 READING OF METERS
Meters shall be read once each calendar month.
Meters are read each time a meter is "turned-on"or "turned-
off"and when water service is established as a new account.
33.07
A.
B.
ADJUSTMENT FOR METER INACCURACIES
Customer Request for Meter Test.A customer may re-
quest that the meter for the customer's service be
tested for accuracy upon making a deposit with the Dis-
trict.The deposit is set forth in Appendix At 33.07 A.
per meter size.
Results of Meter Test.If upon testing t the meter does
not register more than five percent (5%)in excess of
the rated calibration for such meter size t the deposit
shall be retained by the District.If the meter so
tested registers more than five percent (5%)in excess
of the rated calibration for such meter size t the meter
will be replaced by the District and the deposit shall
be returned to the customer.No adjustment in billing
shall be made for excess registration during any period
prior to 120 days before the request for the test.
33 - 2
c.Failure of Meter to Register During Service.Should
any meter in service fail to register during a billing
period,a bill will be issued by the District for the
estimated amount of water used during the period of the
meter failure,based on prior use under that account.
33 - 3
SECTION 34 ISSUANCE AND PAYMENT OF WATER BILLS
34.01 ISSUANCE,DUE DATE AND FINAL PAYMENT DATE OF
STATEMENT OF CHARGES FOR SERVICE
A.Issuance of Statements.Statements for water
service or other charges will be mailed or presented
as soon as practicable after the water meter has
been read and the applicable charges have been
determined.
B.Due Date.Each statement issued by the District for
such charges shall be due and payable on the date of
mailing or other presentation to the customer.
C.Final Payment Date.All charges in each statement
must be paid on or before the final payment date
shown on the statement,which shall be at least 20
calendar days following the date of mailing or
presentation of the statement.
D.Payment of Charges.
1.Place of Payment.Payments shall not be
credited to a customer's account until either cash,
an acceptable check or money order has been received
by the District at the District business office
during regular office hours.Deposit of payment in
the mail or at a location other than the District
business office shall not be credited to a
customer's account until received at the business
office.
2.Returned Check Charges.A returned payment
charge (see Appendix A,34.01 D.2.for charge)shall
be added to a customer's account in each instance
where payment has been made to the District with
funds that have been returned to the District by the
bank upon which it is drawn.
34.02
A.
B.
DELINQUENT ACCOUNTS
For Non-Payment of Charges.If full payment of a
statement for a water service account is not
received at the District business office on or
before the final payment date,the account shall
become delinquent.
Late Payment Charge.A late payment charge (see
Appendix A,34.02 B.for charge)of the total amount
delinquent shall be added to each delinquent account
at the time any amount becomes delinquent,provided
that the charge shall not be made on any account
34-1 Effective 09/01/09
which at that time has no delinquencies of record.
When a late payment charge is made,such shall be
added to the delinquent account as of the date the
account becomes delinquent and such charges shall
become an inseparable part of the amount due as of
that time.
C.Notice of Delinquency.A delinquency notice shall
be mailed to each customer whose account is
delinquent,notifying the customer that service will
be turned off unless payment is made.The notice
shall indicate the amount due,including late
payment charges,and that the total amount must be
paid within fifteen (15)calendar days from the date
of mailing or presentation of the notice to the
customer,or service will be discontinued.
D.Record of Delinquent Accounts.The District
maintains records of delinquent accounts.Each year
one delinquency shall be removed from the record of
each account that has one or more delinquencies.
E.Partial Payment on Delinquent Account.A partial
payment on a delinquent account may be accepted and
credited to a customer's account;however,the
partial payment shall not cause removal of the
account from a delinquent status and furthermore,
the partial payment shall not preclude the meter
from being turned off for delinquency.
F.Financial Arrangements for Delinquent Accounts.
1.Continuation of Service.The General Manager,
Controller,or any person delegated by the General
Manager,may authorize continuation of service to a
delinquent account if financial arrangements,
satisfactory to the District,have been established.
2.Requirement of Deposit Due to Repeated
Delinquencies.If payments on a customer account
have become delinquent five or more times,or if a
meter has been turned off three or more times for
non-payment of charges,the General Manager,
Controller,or any person delegated by the General
Manager,shall be authorized to require the customer
to make a cash deposit with the District in an
amount equal to two times the amount of the average
monthly bill for the three month period preceding
the discontinuance of service before further water
service will be provided under the customer's
account.
34-2 Effective 09/01/09
G.Termination and Reinstatement of Water Service Under
Delinquent Accounts
1.Delinquency Tag.The water meter or meters
under delinquent accounts may be turned off and
locked if payment has not been made in accordance
with the Notice of Delinquency.
(a)Where an owner or manager is listed by the Dis-
trict as the customer of record of the service,
the District shall make every good faith effort
to inform the actual users of the services when
the account is in arrears by means of a notice
that service will be terminated in ten days.
The notice shall further inform the actual
users that they have the right to become cus-
tomers of the District without being required
to pay the amount due on the delinquent
account.
(b)Residential water service shall not be termi-
nated for non-payment in any of the following
situations:
(1)During an investigation by the District of
a customer dispute or complaint.Any
residential customer who has initiated a
complaint or requested an investigation
within five days of receiving the disputed
bill,or who has,within 13 days of the
mailing of the notice that the customer's
service will be terminated for non-
payment,or made a request for extension
of the payment period of a bill asserted
to be beyond the means of the customer to
pay in full during the normal period for
payment,shall be given an opportunity for
a review.The review shall include
consideration of whether the customer
shall be permitted to amortize the unpaid
balance of the account over a reasonable
period of time not to exceed 12 months.
No termination of service shall be
effected for any customer complying with
an amortization agreement,if the customer
also keeps the account current as charges
accrue in each subsequent billing period.
Any customer,whose complaint or request
for an investigation has resulted in an
adverse determination by the District,may
appeal the determination to the Board.
34-3 Effective 09/01/09
(2)When a customer has been granted an exten-
sion of the period for payment of a bill.
(3)On the certification of a licensed physi-
cian and surgeon that to do so will be
life threatening to the customer and the
customer is financially unable to pay for
service within the normal payment period
and is willing to enter into an amortiza-
tion agreement to pay the unpaid balance
of any bill asserted to be beyond the
means of the customer over a period not to
exceed 12 months.
(c)The ten-day notice of proposed termination may
not be sent to the customer until at least 19
days from the date of mailing of the bill for
services.The ten-day period shall not com-
mence until five days after the mailing of the
notice.
(d)The District shall make a reasonable,good
faith effort to contact an adult person resid-
ing at the premises of the customer by tele-
phone or in person,at least 48 hours prior to
any termination of service.A charge (see
Appendix A,34.02 G.1.(d)for charge)shall be
added to the bill for a contact made in person.
(e)Every notice of termination of service pursuant
to subdivisions (a)and (c)shall include all
of the following information:
(1)The name and address of the customer whose
account is delinquent.
(2)The amount of the delinquency.
(3)The date by which payment or arrangements
for payment is required in order to avoid
termination.
(4)The procedure by which the customer may
initiate a complaint or request an inves-
tigation concerning service or charges,
except that if the bill for service con-
tains a description of that procedure,
then the notice is not required to contain
that information.
(5)The procedure by which the customer may
request amortization of the unpaid
charges.
34-4 Effective 09/01/09
(6)The procedure for the customer to obtain
information on the availability of finan-
cial assistance including private,local,
state or federal sources,if applicable.
(7)The telephone number of a representative
of the District who can provide additional
information or institute arrangements for
payment.
(f)If a residential customer fails to comply with
an amortization agreement,the District shall
not terminate service without giving notice to
the customer at least 48 hours prior to termi-
nation of the conditions the customer is
required to meet to avoid termination,but the
notice does not entitle the customer to further
investigation by the District.
(g)Termination of service shall not occur on any
Friday,Saturday,Sunday,legal holiday or at
any time during which the business offices of
the District are not open to the public.
(h)No termination of service may be effected with-
out compliance with this section and any ser-
vice wrongfully terminated shall be restored,
without charge,for the restoration of service.
(See California Government Code Section 60373.)
2.Reinstatement of Service.Water service
terminated for delinquency may not be reinstated
until all amounts due and payable,including late
payment charges and meter "turn-on"charges,have
been paid at the District business office,or unless
credit arrangements satisfactory to the District
have been made.
3.Meter "Turn-On"Charge.A "turn-on"charge
shall be made for turning on any meter which has
previously been turned off for a delinquent account.
The charges for turn-on shall be as follows:
(a)For any account turned on during the District's
regular business hours the turn-on charge is
set forth in Appendix A,34.02 G.3.(a).
(b)For any account turned on after the District's
regular business hours,the turn-on charge is
set forth in Appendix A,34.02 G.3.(b).
34-5 Effective 09/01/09
SECTION 53 FEES,RATES,CHARGES AND CONDITIONS FOR SEWER
SERVICE
53.01 CONDITIONS FOR ACQUISITION OF SEWER SERVICE CAPACITY
Sewer service capacity may be acquired only for service
to a specific address,parcel of land,or a land development
project covered by an approved map.An approved map shall
mean.a recorded final map,a recorded parcel map or a
tentative subdivision map that has been approved by the County
or by a City,as applicable.
53.02
A.
SERVICE AREAS
Service Areas.Sewer service shall be furnished by
the District only to property located in Improvement
District No.14 ("1.0.14"),Improvement District
No.18 ("1.0.18"),and Assessment District No.4
("A.D.4"),and the Russell Square Sewer Service
Area.Sewer service to property located outside
such areas may be furnished only upon annexation to
10 18 and payment of all applicable annexation fees.
53.03
53.04
A.
A.
ACQUISITION OF SEWER CONNECTIONS FOR SERVICE IN 1.0.
14,1.0.18 AND A.D.4
There shall be no connection capacity fee for sewer
service to parcels already annexed into Improvement
District No.14,Improvement District No.18 and
Assessment District No.4 on or after December 16,
1998.
ACQUISITION AND PURCHASE OF SEWER CAPACITY FOR
SERVICE IN THE RUSSELL SQUARE SEWER SERVICE AREA
District Acceptance of Sewer Facilities for Russell
Square Area.Under an Agreement with Cal Dorado
Development,Inc.,dated June 28,1981,the District
accepted title to a sewer pump station,force main
and appurtenances for a sewage system to provide
sewer service to the residential dwelling
units to be constructed within the parcels of land
in San Diego County Tentative Parcel Map 17150.
Under an Agreement with Cal Dorado Development,
Inc.,dated June 18,1981,the District agreed to
provide service to such parcels on the terms and
conditions contained therein.On October 1,1984,
pursuant to Resolution No.2139,the District Board
of Directors accepted title to the facilities.
53-1 Effective 01/01/10
B.Designation of Russell Square Sewer Area.The geo-
graphical area described on the District Map
entitled "Russell Square Sewer Service Area,"dated
October 11,1988,on file with the District
Secretary,constitutes the Russell Square Sewer
Service Area.
C.Connection Fees for Connections for Sewer Service
through the Russell Square Sewer Pump Station.
1.Sewer Connection Fee
A connection fee (see Appendix A,53.04 C.1.
for fee)for each EDU of sewer service provided'
through Russell Square Pump Station shall be
collected.The connection fee is due at the
time an application for sewer service is
submitted.The number of EDUs for the con-
nection shall be as set forth in Section 53.09
of the Code.Since the Russell Square Pump
Station and force main were constructed by the
developer or his assignee,at their expense,
for the purpose of providing service to the
parcels within Tentative Parcel Map 17150,the
connection fee shall not apply to connections
for sewer service to the parcels within said
map.Such exempt parcels are currently
identified as Assessor Parcel Nos.497-011-41,
497-011-42,497-011-44,497-011-46 and 497-011-
47.
2.Monthly Sewer Service Charge
A monthly sewer service charge (see Appendix A,
53.04 C.2.for charge)to cover normal
operational costs of the Russell Square Pump
Station and force mains shall be collected.
This charge shall be reviewed by the Board of
Directors from time to time to assure that such
charges cover the costs for operation of the
sewer facilities.
3.The proceeds of the fees and charges received
by the District under 1 and 2 above shall be
used by the District solely for maintenance,
replacement or repair under C.1.above and for
the operation of the facilities under C.2.
above.
4.In addition,the customer for such service
shall pay the monthly service charge for sewer
service set forth in Section 53.11.
53-2 Effective 01/01/10
53.05
53.06
53.07
53.08
1 .
CHARGES FOR INSTALLATION OF SEWER LATERALS
Upon application for construction of one or more
sewer laterals,the customer shall deposit with the
District the estimated costs to be incurred by the
District in connection with the installation of the
facilities required,as determined by the District.
Upon completion of the work,the District shall
calculate the actual costs incurred by the District
in performing the work.If actual costs are less
than the amount deposited,the District shall refund
the balance of the deposit to the customer.If
actual costs exceed the amount deposited,the
customer shall reimburse the District for the
additional costs.
PAYMENT OF FEES
All fees prescribed in the Code shall become owing,
due and payable at the time application is made to
connect a premise to the sewer system of the Dis-
trict.The fees shall be paid to the District prior
to the issuance of any permit authorizing the
connection of such premise to the District sewer
system.If the proposed connection cannot be made,
the fee may be refunded when approved by the General
Manager.
SEWER SERVICE USE CHANGES RESULTING IN INCREASED
SYSTEM UTILIZATION
The use of a sewer connection shall be limited to
the type and number of EDUs authorized by the
original wastewater discharge permit.Before adding
any additional equivalent dwelling units,buildings,
modifying existing buildings,or change of occupancy
type,the property owner shall make a supplementary
wastewater permit application to the District for
such change in use and pay additional sewer
annexation fees per EDU,if necessary,as may be
applicable.Periodic inspection of the premises may
be made by the District and if actual use is greater
than estimated use,an assessment for additional
annexation fees shall be assessed in accordance with
the fee schedule in the then current Code of
Ordinances.
WASTEWATER DISCHARGE PERMIT ISSUANCE AND LIMITATION
A wastewater discharge permit shall be required for
any property for which a request is made to dis-
charge into the District sewage system.
53-3 Effective 01/01/10
2 .
3 .
53.09
1.
Every wastewater discharge permit shall expire by
limitations and shall become null and void,if the
construction or work authorized by such permit is
not commenced within 120 days from date of issuance
of such wastewater discharge permit or if the con-
struction or work authorized by such wastewater dis-
charge permit is suspended or abandoned for a period
of 120 days at any time after the work is commenced.
Before such work can be recommenced,a new waste-
water discharge permit application must be filed
with the District.The District may reactivate the
previous wastewater discharge permit provided that
wastewater quantity and type is the same as the
wastewater discharge allowed under the original per-
mit,and provided further that such suspension and
abandonment has not exceeded one year.Fees paid
for the previous wastewater discharge permit may be
credited toward the total permit fees required on
the new permit application.Reactivation of the
previous wastewater discharge permit shall be sub-
ject to District sewer capacity being available at
the time of new application and subject to any
additional costs or charges imposed during the
period of such suspension or abandonment.
BASIS FOR DETERMINATION OF EDUS
The number of EDUs for sewer service shall be deter-
mined on the following basis:
a)Residential Facilities EDUs
1)Single-Family Residence 1.0
(Includes manufactured homes,and mobile
homes which are on private lots
A secondary structure with a kitchen is
considered an additional EDU
2)
3)
4)
Apartments and Multiple Family Housing
Each individual living unit
Residential condominiums
Each individual living unit
Mobile Home and Trailer Parks
Per each individual space
1.0
1.0
1.0
b)Commercial/Industrial Facilities
53-4 Effective 01/01/10
1)Food Service Establishments
a)Take-out restaurants with dis-
posable utensils,no dishwasher
and no public restrooms
b)Miscellaneous food establishments -
ice cream/yogurt shops,bakeries
(sales on premise only)
3.0
3.0
I'\,!.~~
~,
1,1,'f
['
\:
!'~.
iI'
Ik
t
3.0
c)1)Take-out/eat-in restaurants with
disposable utensils,but with
seating and public restrooms 3.0
2)Restaurants with reusable
utensils,seating and public
restrooms (0-18 seats)
Each additional 6 seat unit,
or portion thereof 1.0
2)Hotels and Motels
a)
b)
Per living unit without kitchen
Per living unit with kitchen
0.38
0.60
3)Commercial,Professional,Industrial
Buildings,Establishments not specifi-
cally listed herein
a)Any office,store or industrial
condominium or establishments.
first 1,000 sq.ft.1.2
Each additional 1,000 sq.ft.or
portion thereof
0.7
b)Where occupancy type or usage is
unknown at the time of application
for service,the following EDUs
shall apply.This shall include,
but not be limited to,shopping
centers,industrial parks and profes-
sional office buildings.
53-5 Effective 01/01/10
First 1,000 sq.ft.of gross build-
ing floor area 1.2
Each additional 1,000 square feet
of gross building floor area.Por-
tions less than 1,000 sq.ft.will
be prorated.0.7
4)Self-service laundry per washer 1.0
5)Churches,theaters and auditoriums per
each 150 person seating capacity,or any
fraction thereof.(Does not include
office spaces,schoolrooms,day-care
facilities,food preparation areas,etc.
Additional EDUs will be assigned for
these supplementary uses.)1.5
6)Schools
a.
b.
c.
Elementary Schools -For
each 50 pupils or fraction
thereof
Junior High Schools -For
each 40 pupils or fraction
thereof
High Schools,Colleges and
Universities -For each
24 pupils or fraction
thereof
1.0
1.0
1.0
Additional EDUs will be prorated based
on above values.
The number of pupils shall be based on
the average daily attendance of pupils
at the school during the preceding fiscal
year,computed in accordance with the
education code of the State of California.
However,where the school has had no
attendance during the preceding fiscal
year,the General Manager shall estimate
the average daily attendance for the fiscal
year for which the fee is to be paid and
compute the fee based on such estimate.
53-6 Effective 01/01/10
7)Convalescent Homes
a)
b)
Skilled nursing care facilities,
psychological hospitals,con-
valescent hospitals;licensed by
the Department of Health.0.7/bed
Community Care Facilities with 16
or more beds licensed by the State
Department of Health.0.5/bed
53.10
c)Small Community Care Facilities
with 7 to 15 beds licensed by the
County Department of Social
Services 0.5/bed
d)Community Care Homes with six or
fewer total residents,including
resident staff and housekeepers
(to be the same EDU as a single-
family residence).1.0
8)Other
In the case of commercial,industrial and
other business establishments such as bot-
tling works,supermarkets,markets,
deli/markets,convenience stores,hospi-
tals,laundries (other than self-service
laundries),automobile service stations,
mortuaries,day-care centers,bars,pool
halls,and other establishments not
included in items 1)through 7)inclusive,
or when the EDUs specified in items 1)
through 7)are not representative of
actual flow due to the number of employees
or type of operation,the number of
equivalent dwelling units shall be deter-
mined in each case by the General Manager
and shall be based upon the estimated vol-
ume and type of wastewater discharge into
the sewer.
TRANSFER,ASSIGNMENT,OR RESALE OF SEWER
CONNECTION RIGHTS
53-7 Effective 01/01/10
53.11
A.
B.
EDU sewer connection rights obtained by a customer
may not be sold,transferred,or assigned separately
from ownership of the real property for which they
were obtained,unless otherwise stated in an
agreement with the District.
SEWER SERVICE RATES AND CHARGES
Set-up Fees for Accounts.A set-up fee (see
Appendix A,53.11 A.for fee)shall be charged for
each account transferred to another customer.
Residential Sewer Charges.
(1)Winter Average Determination.Sewer service
usage fee shall be based on the "Winter
Average"water consumption,measured in units
of hundred cubic feet (HCF).For Otay water
customers,the winter period is December
through March,and for Helix water customers,
the winter period is January through April.
The winter average for Otay is calculated by
adding the four months of the preceeding winter
together and dividing by four.The winter
average for Helix is calculated by adding the
two billing periods of the four months together
and dividing by four.For both Otay and Helix
water customers,this average is then reduced
by a 15%usage discount,recognizing that not
all water used flows into the sewer system,to
determine the "Winter Average"for billing
purposes.
(2)
(3)
(4 )
Usage Fee.The usage fee rate (see Appendix A,
53.11 B.2.for rate)is multiplied by the
"Winter Average"calculation for each customer
(after the above noted 15%discount)and the
resulting amount is added to the Fixed Service
Charge applicable to the size of meter.The
resulting fixed fee shall be charged on a
monthly basis for an entire calendar year,
until a new "Winter Average"is determined for
the following year.
Base Fee.The monthly base fee per meter size
is set forth in Appendix A,53.11 B.3.
Monthly Residential Sewer Rate Without
Consumption History.The average residential
sewer charge shall be calculated by calculating
the total usage fee for all residential
53-8 Effective 01/01/10
customers and dividing by the number of
residential customers.Then the monthly base
fee for 3/4 inch meter is added to this average
fee and this shall be used to determine the
rate per ASU to be used for commercial
customers.The monthly residential sewer rate
without consumption history is as set forth in
Appendix A,53.11 B.4.for charge).
C.Single Residential Winter Averaging
(1)Defined as:Sewer service for individually
metered residential households.
(2)The monthly sewer bill is calculated by adding
the base fee plus the usage fee as described in
5 .11 .B.(1),(2),& (3)above.
(3)The maximum "Winter Average"for individually
metered residential customers is (after the 15%
discount)as follows:
i.January through December 2008 -
18 units
ii.January through December 2009 -
22 units
iii.After December 31,2009 -30 units
(4)New Customers.New customers that do not have
a prior winter consumption history to determine
their monthly usage fee shall be assigned a
"Winter Average"for single individually
metered households.See Appendix A,53.11 C.4.
for Winter Averaging fees.
D.Multi-Residential Rate Charges
(1)Defined as:Sewer service for master metered
water service for multiple-residential households
including for example;duplex,townhomes,
apartments,and mobile homes.
(2)The monthly sewer bill for the complex is
calculated by adding a 3/4 inch base fee (as set
forth in Appendix A,53.11.B.3.)times the number of
units in the complex plus the usage fee (as set
forth in Appendix A,53.11.0.2.)for the entire
complex.(Note:There is no cap on consumption for
the multi-residential customers.)
(3)New complexes that do not have a prior winter
consumption history to determine their monthly usage
fee shall be assigned a "Winter Average"for each
multiple-residential unit in a master metered
53-9 Effective 01/01/10
residential complex.See Appendix A,53.11 C.4.for
Winter Averaging fees.
E.Commercial Sewer Charges
(1)ASU Determination:The charges for commercial
sewer service shall be based on the rate of
discharge and the strength of sewage.The Board
of Directors may adjust the charges in proportion
to the amount of water not entering the sewer
which is substantiated by the property owner or
discharger.
(2)The strength of sewage is based on its biochemical
oxygen demand (BOD)and the cost of removing
suspended solids (SS).
(3)The formula is derived by taking the total cost of
providing sewer service and charging each user
for a pro-rata share.
(4)The State Revenue Program Guidelines require use
of an "Assigned Service Unit Assignment Formula"
which converts higher strength uses into a
service unit value which is comparable to the use
impact of a single-family residential user or
equivalent dwelling unit.The formula for
determining an Assigned Service Unit (ASU)for a
single-family dwelling is set forth in the annual
budget,which is incorporated herein by
reference.
(5)The formula is based on an estimated daily flow of
250 gallons per day plus 280 milligrams per liter
of BOD and 234 milligrams per liter of SS for a
residential equivalent dwelling unit.
(6)For commercial users the flow is based on 85%of
their prior 12-month water consumption to reflect
the amount of water that returns to the system.
The strength of discharge for commercial user is
based on whether it is classified as a low-
strength,medium-strength or high-strength user.
User Classification
Low-Strength Commercial 1.000 Strength Factor
Car wash
General office and buildings
Barber and beauty shops
Department,retail stores and general
commercial
53-10 Effective 01/01/10
Hospitals and convalescent homes
Laundromat~laundry and dry cleaners
Professional office or office building
Warehouse
Other uses having a similar strength as
determined by the District
Medium-Strength Commercial =1.238 Strength Factor
Bars without dining facilities
Bowling alley
Hotels without dining facilities or cooking
facilities
Auto repair/sales shop and service station
Shopping centers
Other uses having a similar strength as
determined by the District
High-Strength Commercial =2.203 Strength Factor
Bakery or bakery with deli
Hotel with dining facilities
Restaurants and bars with food
Supermarkets
Other uses having a similar strength as
determined by the District
Institutional =1.000 Strength Factor
Churches:Treated the same as Low-Strength
Commercial.
Schools:For public schools flow is based on
average daily attendance ("ADA")for the prior
school year,including summer school,as
reported by schools to meet state requirements.
Private schools will be required to file a
report verifying their attendance.For
elementary schools 50 students shall equal 1
ASU.For junior high schools 40 students shall
equal 1 ASU and for high schools 24 students
equals 1 ASU.The formula for schools shall be
the same as applies to single-family
residential.For charges see Appendix A,53.11
E.6.
Colleges:For colleges,flow is based on the
number of Certificated and Classified Staff,
and students enrolled in each school session
(qpring,Summer,and Fall):
t'
53-11 Effective 01/01/10
+
+
+
no.of students and staff x
no.of weeks Spring
session)
(no.of students and staff
x no.of weeks Summer
session)
(no.of students and staff
x no.of weeks Fall
session)
(no.of staff x no.of non-
session weeks)
x 23 7 52
ASU Daily Flow x Strength Factor
[(GPO x 85%)7 250]x 1.000
The minimum charge for commercial shall be no lower
than 1 ASU at low strength.Charges are determined
each fiscal year.The formula is set forth in the
annual budget,which is incorporated herein by
reference.
Gallons per day (GPO)
F.Charges to Cover the State Loan Program for the
Treatment Facility.A (see Appendix A,53.11 F.for
fee)fee per ASU shall be attached to the property
tax bills to cover the annual payment on the
$5,000,000 state loan until such loan is paid in
full.
G.Monthly Service Charges for Commercial Sewer
Service.The Monthly Sewer Service charges for
service furnished by the District,shall be:
1.Commercial and Institutional (per ASU):
Commercial users shall be charged based upon
the ASUs derived in Section 53.11 E.(4)For
charges see Appendix A,53.11.G.l.
2.Industrial and Other Users
Charges determined by the Board of Directors on
a case-by-case basis.
Monthly sewer service charges shall commence upon
installation of the water meter to serve the
premises receiving the sewer service,upon
connection to the District sewer system,upon start
of occupancy of the premises to be served,or one
year after the date the application for sewer
service is filed,whichever is earlier.If a sewer
service connection has been obtained and if sewer
service will not be used until some time after
53-12 Effective 01/01/10
installation of the water meter,commencement of the
sewer service charge may be deferred until the later
date only upon prior approval of the General
Manager.
53-13 Effective 01/01/10
SECTION 60 UTILITY FACILITIES FOR SUBDIVISIONS AND PARCEL
MAP DEVELOPMENTS
60.01 INSTALLATION BY THE DISTRICT
The District will not construct facilities to provide
utility service to land being divided for a subdivision or
parcel map development,except where facilities are con-
structed as part of the Capital Improvement Program for the
utility system of an improvement district.
60.02 INSTALLATION BY DEVELOPERS
Developers of land shall provide,at their own expense,
all facilities required for utility service within the area to
be developed.In order to obtain required services it may be
necessary for a Developer,in some instances,to also provide
certain off-site facilities or to provide for oversizing of
the facilities which are to become part of the District sys-
tem.In such event,the Developer may be entitled to reim-
bursement of certain costs for such off-site or oversizing
facilities as provided in Policy 26 of this Code.
60.03 ISSUANCE OF AVAILABILITY LETTERS FOR WATER AND/OR
SEWER SERVICE
Upon request,the General Manager will provide a written
statement (sometimes referred to as "availability"or "will-
serve"letters)advising whether water and/or sewer service is
available and,if not,whether such service could be made
available,for a proposed development project within the Dis-
trict.A charge (see Appendix A,60.03)will be made for each
statement furnished by the District.
60.04 REQUIREMENT FOR A SUBAREA MASTER PLAN (SAMP)
In some instances,a Subarea Master Plan (SAMP)may be
necessary to establish the water,recycled water and sewer
system facilities for adequate District service within and to
a proposed subdivision project.A SAMP shall be required when
any of the following situations have occurred:
A.No previous SAMP was prepared and the complexity of
the proposed subdivision requires integration into
the District Water Resources Master Plan.
B.The Developer is seeking to modify the requirements
of the District's Water Resources Master Plan.
C.The previously submitted SAMP for the proposed sub-
division is no longer representative of the current
development proposal.
60-1
D.The previously submitted Developer SAMP for the pro-
posed subdivision project is over two years old.
E.The General Manager has determined a SAMP is
required.
The Developer may elect to have the SAMP performed by a
private Engineering firm and submitted to the District for
approval by the General Manager.The Developer may request
the District to prepare the SAMP and deposit with the District
the estimated cost of the SAMP.Prior to implementation,the
SAMP shall be reviewed and approved by the General Manager.
Approval of the SAMPshall occur prior to approval of any Con-
struction Agreement for a Developer's improvement plans by the
General Manager.
60.05
A.
REQUIREMENT FOR A TENTATIVE MAP
The Developer shall file with the District a tenta-
tive map of the proposed subdivision or parcel map
project.
B.The Developer shall deposit with the District a sum
determined by the General Manager to cover the
estimated cost of plan checking and engineering
services.
C.The General Manager will review the tentative map
and return it to the Developer indicating thereon
the water and/or sewer system that will be required
for the development.
60.06 REQUIREMENT OF EASEMENT OR RIGHT-OF-WAY FOR UTILITY
FACILITIES
Whenever the plans,as approved,provide for any portion
of the utility facilities to be constructed in other than a
dedicated public street or road,the Developer shall grant or
cause to be granted an easement or right-of-way to the Dis-
trict in the form specified by the General Manager.Whenever
facilities are terminated at a point short of the boundary of
the parcel owned by the Developer,a permanent easement,in
accordance with Section 36.02,shall be granted to District in
order to provide for future extension of the facility to
adjoining parcels of land.This requirement shall also apply
to those cases where the County or a city requires the Devel-
oper to provide a one foot buffer between the subdivision or
lot-split boundary and the adjoining property.
60.07
A.
REQUIREMENT FOR ANNEXATION
The Developer desiring service to properties which
lie outside the District or outside an Improvement
60-2
B.
C.
60.08
A.
B.
C.
D.
District shall request annexation.The Developer
shall request such annexation in writing to the
General Manager.
The Engineering Department shall provide an annexa-
tion packet outlining the required information and
charges as detailed in Chapter 6,Section 9 of this
Code.
Annexation shall occur prior to approval of any Con-
struction Agreement for the Developer's improvement
plans by the General Manager.
REQUIREMENT FOR APPROVED PLANS AND CONSTRUCTION
AGREEMENT
Developer shall prepare detailed engineering draw-
ings for construction of the proposed system shown
on the tentative map and submit such drawings to the
District for review and approval.Each system shall
provide for water service and/or sewer service,
where applicable,to each lot in a subdivision and
to each parcel in a parcel map development.The
utility system proposed shall not be detrimental in
any way to operation of the District utility system
and shall conform to the requirements of the
approved SAMP.
The General Manager shall review the construction
drawings and either accept,reject,or revise them
for compliance with District standards and
specifications.Upon approval of the drawings,the
General Manager shall return them to the Developer
with the following:(i)District estimates for
construction costs and the amount of additional Dis-
trict deposit;(ii)the required standard District
agreement for installation of water or sewer
facilities;and (iii)the amount of security
required to guarantee performance of the agreement.
Developer shall return to the District the revised
drawings,if required,the executed subdivision
construction agreement,together with the required
deposits and security,either cash,surety bond,or
letter of credit,acceptable to the General Manager,
and the grant of easements or rights-of-way that may
be required.If such are complete,and the proposed
subdivision has been annexed into an Improvement
District,the Construction Agreement for the project
will be authorized by the General Manager.
Upon approval of the construction agreement by the
General Manager,the Developer shall submit the
60-3
,I
'I~'III[1d
Li
!1Ii
I
I
60.09
A.
B.
C.
60.10
mylar construction plans for signature by the
General Manager.
REQUIREMENT FOR DISTRICT INSPECTION
Upon receipt by the General Manager of the approved
plans,and prior to beginning construction of the
facilities,the Developer shall schedule a pre-
construction meeting with the General Manager.
Upon completion of the pre-construction meeting,the
Developer shall commence construction of the
facilities and complete the same in accordance with
the standard construction agreement,the approved
plans,and the District's Standard Specifications for
Water,Sewer,and Reclaimed Water Facilities and the
instructions given at the pre-construction meeting.
During the construction of the facilities,they
shall be subject,at all times,to inspection by the
District's Quality Control Division.
REQUIREMENTS FOR USE OF UTILITIES FOR OCCUPANCY
PRIOR TO DISTRICT ACCEPTANCE
The Developer may purchase and obtain permanent water
meters and sewer services for occupancy in the project prior
to acceptance of the project by the General Manager,subject
to the conditions stated below:
A.Water Meter
1.The purchase of permanent meter(s)shall be in
accordance with Sections 27 and 28 of this
Code,and:
a.There shall be sufficient funds in the
Developer's District account to cover
District expenses.
b.Per Section 60.06 above,the Developer
shall have in effect a valid construction
agreement with the District.
2.Prior to installation of any meter(s)the
Developer shall meet the following conditions:
a.The water system shall be hydrostatically
tested,disinfected,pass a District bac-
teriological examination,be connected to
the District's existing system with a per-
manent connection(s),and be installed in
accordance with the District specifica-
60-4
tions and requirements prior to the use of
the system.
b.The meter box(es)shall be set to final
grade and the installation shall be com-
plete per the District's standard specifi-
cations.
B.Sewer Connection
1.For acquisition of each sewer service connec
tion,the Developer shall meet the following
conditions:
a.There shall be sufficient funds ln the
Developer's District account to cover
District expenses.
b.Pay all fees and charges for each
connection requested,and identify the
parcel for which the sewer service is
being provided.
2.Prior to connection(s)of any sewer services,
the sewer system shall be constructed and
complete in accordance with District
specifications and requirements.
C.
60.11
A.
B.
Prior to the installation of the last purchased
meter or connection of the last sewer service,the
project shall be referred to the General Manager for
acceptance.In order to be accepted,all aspects
of a project shall be complete per Section 60.11
below.
REQUIREMENT FOR FINAL ACCEPTANCE BY THE GENERAL
MANAGER
Upon completion of the facilities,with only minor
outstanding construction items remaining,a
preliminary walk-through inspection and punch list
of any outstanding items will be prepared.It shall
be the responsibility of the Developer to assure any
outstanding items are completed in a timely manner.
Upon completion of construction of the facilities in
accordance with District specifications and
requirements,a final inspection,completion of all
outstanding punch list items,submittal and
acceptance of the mylar record drawings,submittal
and acceptance of the soils compaction report,and
when all Developer accounts with the District have
been made current,the facilities shall be referred
to the General Manager for acceptance.
60-5
60.12
A.
B.
c.
REQUIREMENT FOR ONE YEAR WARRANTY PERIOD
Upon acceptance by the General Manager,the District
shall own and operate the facilities.
The Developer shall guarantee the facilities against
defects in materials or workmanship for a minimum
period of one (1)year from the date of acceptance
by the Board of Directors.The method of guarantee
shall be a warranty bond,or other means acceptable
to the General Manager,in the amount of twenty-five
(25)per cent of the District's estimated value of
the project.
Defects in materials or workmanship discovered dur-
ing the one (1)year warranty period shall be
repaired by the Developer and at the sole expense of
the Developer.Any collateral damage caused by a
defect in materials or workmanship during the
warranty period,including District expenses,shall
be borne solely by the Developer.This section does
not limit the developer's liability for latent or
patent defects.
60-6
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
FURNISHING COPIES OF DOCUMENTS AND 05 10/15/84 4/3/96
PREPARATION OF OTHER INFORMATION
Purpose
To establish charges for making copies of documents and for
gathering other information.
Background
The District frequently receives requests for copies of documents
prepared by the District or on file in District records.
Occasionally the District receives requests for information not
readily available from District records,but which could be made
available after research and study performed by the District
staff.
In such cases the District should be reimbursed for costs incurred
in complying with such requests.
Policy
The charges for furnishing copies of documents such as
identifiable public records,agendas,ratified minutes,or the
preparation of other information is set forth in Appendix A,
Policy 5.
1.For requests for non-identifiable documents or information
that requires staff research.
(a)Requests for such information shall be made in writing
on a District Information Request Form.
(b)Individuals or entities making such a request shall
reimburse the District for the costs incurred by the
District in providing the information requested.
(c)Requests for information,the production of which would
involve substantial costs in time and/or material to the
District,shall be presented to the Board of Directors
for review.
2.Charges for copies may be waived for the benefit of the
District.
Page 1 of 1
Attachment E
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
TEMPORARY WATER SERVICE FOR COMMUNITY 17 05/31/95 06/07/95
SERVICE ORGANIZATIONS
I ~_
Page 1 of 1
Deleted:PURPOSE~~---
To establish a policy with
regard to providing
temporary water service to
community service
organizations.1
1
BACKGROUND1
~
From time to time,the
District receives requests
from community service
organizations for temporary
water service.Requiring
the community service
organization to pay capacity
fees or the normal deposit
could be prohibitive.
Nonetheless,the District
needs to insure that any
connections to its system be
metered.1:
1
POLICY1-~--
.The General Manager is
authorized to provide
temporary water service to
community service
organizations under the
following conditions:~
~
1 The community service
organization shall make a
$25 per day minimum payment
for the temporary
connection.'I
~
.2 If the cost of the
water used exceeds $25,the
community service
organization shall pay the
excess cost.Cj
~3..The temporary service
shall be limited to 48 hours
within anyone month period.
~
4 The meter shall be
installed by District staff.
~
5.The rate for water
service shall be two times
the normal domestic rate.i
AGENDA ITEM Be
STAFF REPORT
TYPE MEETING:Regular Board
SUBMITTED BY:Mark Watton,General Manager
MEETING DATE:
W.O.lG.F.NO:
February 3,2010
DIV.NO.
SUBJECT:Adopt Resolution No.4151 to Repeal and Replace Policy No.05
-Furnishing Copies of Documents and Preparation of Other
Information and Adopt Policy No.05-A -Records Policies and
Procedures -Records Retention and Destruction,and Policy
No.05-B -Records Policies and Procedures -Accessibility
GENERAL MANAGER'S RECOMMENDATION:
That the Board of Directors adopt Resolution No.4151 to Repeal and
Replace Policy No.05 Furnishing Copies of Documents and
Preparation of Other Information and Adopt Policy No.05-A -Records
Policies and Procedures Records Retention and Destruction,and
Policy No.05-B -Records Policies and Procedures -Accessibility
COMMITTEE ACTION:
See Attachment A"
PURPOSE:
To request that the Board repeal and
with two Board policies regarding
accessibility of District records.
ANALYSIS:
replace current Policy No.05
retention,destruction and
Current Policy No.05 is limited to establishing charges for copies
of public records.District staff has determined that Policy No.05
is outdated and recommends repealing the policy and implementing in
its place two policies that will provide comprehensive guidance to
District staff and the public with respect to the retention,
destruction and accessibility of District records.
Proposed Policy No.05-A will clarify the District's goals and
procedures related to maintaining and disposing of District records,
including electronic documents.With the advancement in technology,
the District has moved and continues to move toward storing more of
its records in electronic format.As a result,the District's
Information Technology staff is often involved in the handling,
management and destruction of District records.Accordingly,
District staff believes that the District's Chief Information Officer
would be the logical choice to serve as the administrator of the
policy.Ultimate record keeping responsibility will remain in the
purview of the District Secretary.The District's existing Records
Retention Schedule has been revised to ensure legal compliance and is
incorporated into Policy No.05-A.
Proposed Policy No.05-B will clarify the District's goals and
procedures related to the handling of requests,responses and records
under the California Public Records Act.Currently,the District
Secretary is tasked with receiving and responding to public records
requests and with coordinating with District staff to compile and
prepare requested documents.Policy No.05-B will set forth in
writing the District's procedures with respect to the California
Public Records Act,thereby facilitating efficiency and consistency
in responding to records requests.
FISCAL IMPACT:
None.
LEGAL IMPACT:
None.
Attachment A:Committee Report
Attachment B:Resolution No.4151 to Repeal Policy No.05 -
Furnishing Copies of Documents and Preparation of
Other Information and Adopt Policy No.05-A -Records
Policies and Procedures -Records Retention and
Destruction,and Policy No.05-B -Records Policies
and Procedures -Accessibility
Attachment B-1:Current Board Policy No.05 -Furnishing Copies of
Documents and Preparation of Other Information
Attachment B-II.a:Proposed Policy No.05-A -Records Policies and
Procedures -Records Retention and Destruction,
together with Appendix 1 thereto
Attachment B-II.b:Proposed Policy No.05-B -Records Policies and
Procedures -Accessibility
ATTACHMENT A
Adopt Resolution No.4151 to Repeal Policy No.05 -
Furnishing Copies of Documents and Preparation of Other
Information and Adopt Policy No.05-A -Records Policies
and Procedures -Records Retention and Destruction,and
Policy No.05-B -Records Policies and Procedures -
SUBJECTIPROJECT:Accessibility
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed
this item at a meeting held on January 19,2010 and the
following comments were made:
•Staff is recommending that the board repeal Policy No.5
as it is outdated and that the board adopt and implement
two policies in its place.Policies 5A and 5B will
provide guidance to District staff and the public
concerning the retention,destruction and accessibility
of District records.
•Policy 5-A will indicate procedures related to
maintaining and disposing of District records,including
electronic documents.Staff has updated the District's
current Records Retention Schedule (adopted in 1999)
which will be incorporated into Policy 5-A.
•The Records Retention Schedule specifies,in compliance
with legal requirements,when the various District
records will be destroyed.An electronic report showing
records scheduled for destruction will be generated by
the records system for staffs'review prior to the
destruction of records.It was noted that District
records will be converted to "pdf"files.
•Policy 5-B will clarify the District's procedures related
to the handling of requests for District records under
the California Public Records Act.Such requests are
handled through the District Secretary.
Following the discussion,the committee supported staffs'
recommendation and presentation on the consent calendar.
ATTACHMENT B
RESOLUTION NO.4151
OF THE BOARD OF DIRECTORS OF THE OTAY WATER
DISTRICT REPEALING AND REPLACING POLICY NO.05 -
FURNISHING COPIES OF DOCUMENTS AND
PREPARATION OF OTHER INFORMATION AND
ADOPTING POLICY NO.05 A -RECORDS POLICY AND
PROCEDURES -RETENTION AND DESTRUCTION -AND
POLICY 05 B -RECORDS POLICY AND PROCEDURES -
ACCESSIBILITY
WHEREAS,the District staff and the General Counsel routinely evaluate Board
policies and make recommendations to update,revise and replace the policies to promote
best management practices, and
WHEREAS,the District staff and the General Counsel have determined that the
existing Policy 05 -RECORDS POLICY AND PROCEDURES (Attachment I)-
concerning District records is outdated and there is a need to repeal it and replace it with
Policy 05-A ;-RECORDS POLICY AND PROCEDURES -Retention and Destruction
(Attachment ILa)-and Policy 05-B -RECORDS POLICY AND PROCEDURES -
Accessibility (Attachment n.b),to clarify the District's goals and procedures with respect
to records retention and destruction and the District's goals and procedures with respect
to the production and accessibility ofDistrict records.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Otay
Water District as follows:
Section 1.Existing Policy 05 -RECORDS POLICY AND PROCEDURES
(Attachment I)-is hereby repealed.
Secti~n 2.Policy 05-A -RECORDS POLICY AND PROCEDURES -Retention
and Destruction (Attachment ILa)-is hereby adopted.
Section 3.Policy 05-B -RECORDS POLICY AND PROCEDURES -
Accessibility (Attachment n.b)-is hereby adopted.
Section 4.The General Manager or its designated representative is hereby
authorized and directed to cause to be implemented the purpose of this Resolution to the
fullest extent,including the preparation of written procedures to the extent deemed
necessary and desirable to enforce,clarify or explain the provisions of this Resolution.
The District Secretary is hereby ordered to take any actions within her purview to carry
out the provisions of this resolution,including,to the extent practicable and necessary,
revising the Index of the Otay Water District Board Policies,inserting,replacing or
substituting all policies herein adopted,amended,replaced or repealed and recalling and
replacing any and all hard-copies of the Code previously provided to District staff,other
public agencies or any other persons.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 3rd day of February,2010.
President
ATTEST:
Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss
OTAY WATER DISTRICT
I,Susan Cruz,District Secretary to the Otay Water District,do hereby certify that the
foregoing Resolution was introduced and passed at a regular meeting of the Board of Directors
of the Otay Water District held on the ~day of February,2010,by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DISTRICT SECRETARY
ATTACHMENT 8-1
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY .
Subject Policy Date Date
Number Adopted Revised
I
FURNISHING COPIES OF DOCUMENTS AND ~10/15/84 4/3/96
PRE-PARAT-±-ON OF OTHER INFORMATION
Purpose
To establish charges for making copies of documents and for
gathering other information.
Background
The District frequently receives requests for copies of documents
prepared by the District or on file in District records.Occasionally
~he District receives requests for information not readily available
from District records,but which could be made available after
research and study performed by the District staff.
In such cases the District should be reimbursed for costs
-i+lGu.rred in complying with such requests.
Policy
Charges for furnishing copies of documents or the preparation of
other information shall be as follows:
1.For copies of identifiable public records the charge shall
be $0.10 per copy
2.For the Service of Providing Agendas and Minutes of Meetings
of the Board of Directors:
Agendas and/or Minutes shall be furnished upon written
request.Charges for such copies shall be made as follows:
Agendas $20.00 per year
($.50 per meeting)
Agendas and Minutes $100.00 per year for the first copy
and $200.00 per year for each copy thereafter.
3.For Requests for Non identifiable Documents or Information
that ~ires Staff Research
(a)Requests for such information shall be made in writing
Gn a District Information Request Form.
(b)Individuals or entities making such a request sha-l-l---
reimburse the District for the costs incurred by the District in
providing the information requested.
Page 1 of 2
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
I
F-1JRW-I--£#±NG COPIES OF DOC1JMEN-T---£--ANIl-~10/15/84 4/3/96
±'-RE-PARATION OF OTHER INFORMATION
(c)Requests for information,the production of which would
-i-n¥01ve substantial costs in time and/or material to the District,
shall be presented to the Board of Directors for review.
4.Charges for copies may be waived for the benefit of the
D-i-strict.
Page 2 of 2
ATTACHMENT B-ll.a
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -RECORDS 05-A 2/3/10
RETENTION AND DESTRUCTION
I.PURPOSE
To ensure that necessary records and documents of the Otay Water
District are adequately protected and maintained and to ensure that
records that are no longer needed or are of no value are discarded at
the proper time.This Policy is also for the purpose of aiding
District employees in understanding their obligations ln retaining
electronic documents,including e-mail,Web files,text files,sound
and movie files,PDF documents,and all Microsoft Office or other
formatted files.
II.SCOPE
This policy is applicable to all District departments and offices
directly responsible to the General Manager.
III.POLICY
This Policy represents the District's policy regarding the
retention and disposal of records,including electronic documents.
Attached as Appendix 1 is a Record Retention Schedule that is approved
as the District's maintenance,retention and disposal schedule for
physical records and the retention and disposal of electronic
documents.
IV.ADMINISTRATION
A.General
1.The District's Chief Information Officer (the
"Administrator")is the officer in charge of the administration
of this Policy and the implementation of processes and procedures
to ensure that the Record Retention Schedule is followed.
2.The Administrator is also authorized to,in consultation
with the General Manager:make modifications to the Record
Retention Schedule from time to time to ensure that it is in
compliance with local,state and federal laws and includes the
appropriate document and record categories for the District;work
wi th the District's General Counsel to monitor local,state and
Page 1 of 2
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -RECORDS 05-A 2/3/10
RETENTION AND DESTRUCTION
federal laws affecting record
record retention and disposal
with this Policy.
retention;annually
program;and monitor
review the
compliance
B.Suspension of Record Disposal due to Litigation or Claims
In the event the District is served with any subpoena or request
for documents or any employee becomes aware of a governmental
investigation or audit or the commencement of any litigation against
or concerning the District,such employee shall inform the
Administrator and any further disposal of documents shall be suspended
until such time as the Administrator,with the advice of counsel,
determines otherwise.The Administrator shall take steps to promptly
inform all staff of any suspension in the further disposal of
documents.
C.Records Retention Schedule Organization
The Record Retention Schedule is organized by type of records and
reflects each department's responsibility.
D.Records Management,Filing and Destruction
If deemed necessary by the Administrator and the General Manager,
a person,firm or service may be retained to assist the District with
the management,filing,retention and destruction of records.If the
aggregate payments under the contract do not exceed the General
Manager's contracting authority,the General Manager is authorized to
determine the terms and conditions of such contract in consultation
with the General Counsel.
Page 2 of 2
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
1 Accident Reports Records relating to accidents,including vehicle and property.29CFR 1904.2,29 CFR C+7 C+7
1904.6
2 Accounting Records relating to depreciation,IAWP credits and State Controller's Report filed annually,WC §50942;GC §6020l;GC A+417*A+417*
Reports Monthly Finance detailed reports,Interim Agricultural Water Program reports.§12236
3 Accounts Payable Records relating to payment offinancial obligations.Includes vendor invoices,bills,WC §50942;GC §60201;GC A+417*A+417*
statements,check requests,receiving documents and blue copy ofchecks.§12236
4 Agency Filings All departments Agency Filings that include reports,forms,and/or documentation relating WC §50942;GC §60201;GC P p
but not limited to Conflict ofInterest,Election card filing,EEOC,EDD,DOL,CDPH,§12236;WC §60201(d)(lO)
RWQCB,APCD,DEH,Potable,Reclaimed,Sewer,Reclamation plant,Seismic Study,Risk
Management Plan,Process Safety Management Program,Cal Arp Program Ammonia,BMP
Reporting,Urban Water Management Plan,County ofSan Diego,Public Health,Regional
Water Control Board.
5 Annexation Records relating to annexation or de-annexation by APN number and/or address,maps,WC §50942;GC §60201;GC P p
forms,packages.§12236;WC §60201(d)(lO)
6 Appraisals Records relating to the appraisal ofproperty,including working papers.WC §50942;GC §60201;GC C+2 C+2
§12236
7 Audits Records relating to audits.Records include reports,notes and backup information.WC §50942;GC §60201;GC A+417*CY+lO
§12236
8 Availability Listing ofAvailability Charges.WC §50942;GC §60201;GC A+3 A+3
§12236
9 Backup Tapes Backup ofall electronic data,including e-mails.WC §50942;GC §60201 SU+2 SU+2
10 Bankruptcies Court documents reflecting Otay Water as a creditor in customer's bankruptcy.WC §50942;GC §60201 A+2 A+2
11 Bank Statements Records relating to banking activities.Includes statements reflecting deposits,withdrawals,GC §34090;26 CFR 1.6001-A+5 A+5
and Reconciliation reconciliations,check registers and canceled checks for operating and payroll bank accounts.1
12 Benefit Documentation related to medical benefits including but not limited to SDRMA,Plan GC §6250 et seq.;R+7 R+7
Administration Handlers,and executive physicals,Medical/Prescription Drugs,Dental.Life Insurance,OMB A-129;
Deferred Comp,Flexible Spending Accounts,Disability Insurance,Cobra Administration!29 CFR 1602.30,1602.32
Retiree Billing,Benefits Consultant,CalPERS Retirement.Employee Assistance Program,
Pre-paid Legal Plan.
13 Board Resolutions adopted by the Board and index ofResolutions,Ordinances,Staffreports.WC §50942;GC §60201;GC P P
§12236;WC
§60201(d)(2)&(3)
14 Board Committee Records including Agenda and Minutes ofBoard standing and ad hoc committee meetings.WC §50942;GC §60201;GC P P
Meeting Minutes §12236;WC §60201(d)(3)
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code ofCiv.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal Env QualityAct
CFR=Code Fed Regulations
CY=CalendarYear
GC=Cal Goc Code
GlCO=Gen Ind Safety Orders
H&S=Health &Safety Code
lND=lndefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorney General
OSHA=Occup.Safety &HealthAct
P=Permanent
PC=Penal Code
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 1
..=""............"".
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
15 Board Meeting Records including Agenda and meeting Minutes ofthe Board ofDirectors.WC §50942;GC §60201;GC P P
Minutes §12236;WC §60201(d)(3)
16 Bonds Developer Bonds.WC §50942;GC §60201;GC C+lO C+lO
§12236;CCP §337.5
17 Budget -Records relating to internal planning and financial management.Records include reports,WC §50942;GC §60201;GC A+2 A+5
Supporting budget vs.cost reports,monthly activity reports,requests,summaries and worksheets.§12236
Documents
18 Budget -Adopted Published Budget as adopted by the Board ofDirectors.WC §50942;GC §60201;GC P P
Budgets §12236
19 Capacity Fees Calculation of capacity fees for developers filed quarterly by fiscal year.WC §50942;GC P P
§60201(d)(10);GC §12236
20 Cash Records relating to receipts,disbursements,investments,bankreconciliations,cash recerves,WC §50942;GC §60201;GC A+5 A+5
wire transfers.§12236;WC §60201(d)(10);
26 CFR 1.6001-1
21 Collections Monthly collections and monthly collection/write-offs reports (This is currently being WC §50942;GC §60201;GC A+2 A+2
automated in Eden.)§12236
22 Complaints Complaints related to water quality.Records maintained in IMS.Includes Water Quality,PC §832.5;GC §12946;PC C+5 C+5
Water Pressure,Water Services,Cut-backs.801.5;PC §803(c)
23 Computer Tracking Records regarding the tracking ofID /password requests and computer installations.Kept in WC §50942;GC §60201;GC R+3 R+3
Records electronic format in Active Directory.§12236
24 Confined Space Records relating to confined space checklists,test data and tracking ofregulatory WC §50942;GC §60201;GC CY+2 CY+2
Tests requirements for the permitting,inspection and entrance ofconfined space.(Each Supervisor §12236;
is responsible for maintaining their own division records within their office files.)
25 Consultant Records Records relating to Consultants used by OWD.Records may include work projects,WC §50942;GC §60201;GC T+5 T+5
compensation studies,surveys,training,copies ofcontracts,status reports,invoices,§12236;CCP §337.2;CCP
spreadsheets,project management timelines,and correspondence.§343;B&P §7042.5
26 Contracts and Records relating to obligations under contracts and/or agreements between OWD and outside WC §50942;GC §60201;GC T+5 T+5
Agreements parties.Includes contracts for services,purchases,sales,transportation,leases,exchange of §12236;CCP §337.2;CCP non
property,Agency MOUs',Licensing,Warranties,Utility Files,Benefits and CIP Projects.§343;B&P §7042.5;GC capital
Summary Plan Descriptions and related amendments for life,health,deferred comp,§4004;H&S §19850
disability,flex spending,Cobra administration.Conservation Garden JPA MOD.
27 Correspondence Records relating to internal and external communications,including but not limited to WC §50942;GC §60201;GC 3 3
memos,reports,faxes and letters.Correspondence of a general nature,not related to any §12236
specific project.
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
CjCL=C!osed
CCP=Code ofCiv.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal Env QualityAct
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GICO=Gen lnd Safety Orders
H&S=Health &Safety Code
IND=Indefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorney General
OSHA=Occup.Safety&Health Act
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 2
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal I own
28 Corrosion Control Records relating to corrosion control tests,methods,procedures,test data,reports and WC §50942;GC §6020l;GC CY+12 CY+12
Records cathodic protection.§12236;40 CFR 141.91
29 Customer Survey Customer awareness and satisfaction surveys for general or call center customers prepared WC §50942;GC §60201;GC CY+2 CY+2
annually.§12236
30 Database Records regarding the size and statistical information ofthe computer databases.Kept WC §50942;GC §60201;GC SU+2 SU+3
Management Files electronically in Microsoft SQL.§12236
31 Debt Records relating to bond issues.Records include maturity date,coupon amounts,payments,WC §50942;GC §60201;GC C+lO P
reports,and trustee statements,Official Statements,RFP's,Investments Advisors,Bonds,§12236;CCP §337.5
Bond counsel,Legal Counsel,Triad (ID27 General Obligation Debt),State Sewer Loan.
32 Deeds,Title Records and drawings regarding deeds,grant deeds,quitclaims.WC §50942;GC §60201;GC P P
Transfer,§12236;24 CFR
Beneficiary 570.502(b)(3)
33 District Policies Current enforced adopted Ordinances and Policies.History ofadopted changes to all sections WC §50942;GC §60201;GC SU+2 SU+10
and policies within the Code ofOrdinances.Human Resources Policies (maintained in §12236
Sharepoint).Injury Illness Prevention Program (lIPP)and emergency procedures/plans
(SEMS &NIMS).Other required programs by CalOSHA.
34 DMV Driving records including DMV Pull notice..WC §50942;GC §60201;GC CY+7 CY+7
§12236;CVC 1808.45/
.46/.47;GC §12946;8 USC
1324(a)
35 Drawing Indexes Records which index microfilmed or digitized drawings.WC §50942;GC §60201;GC P p**
§12236;H&S §19850
36 Drawings Records ofdrawings offacilities,pipelines,structures,equipment.WC §50942;GC §60201;GC P p**
§12236;H&S §19850
37 Drug &Alcohol Confidential records relating to drug and alcohol testing (random and suspicious,excluding WC §50942;GC §60201;GC CY+7 CY+7
Tests pre-employment and previous employer).§12236;USDOT title 49
38 Easements Recordation,APN #,address,ID #,leases,correspondence,grant deed,quitclaims.WC §50942;GC §60201;GC P P
§12236;24 CFR
570.502(b)(3)
39 Emergency Records providing instructions in the event ofa disaster-EOC and SEMS Manual.Special WC §50942;GC §60201;GC SU+2 R+6
Response skills ofpersonnel,Fire Department emergency plans,evacuation plans,emergency response §l2236
inspection requirements and first response training records.
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
CjCL=Closed
CCP=Code of Civ.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal EnvQuality Act
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GICO=Gen Ind SafetyOrders
H&S=Health &SafetyCode
IND=lndefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=Opinion Attorney General
OSHA=Occup.Safety &HealthAct
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 3
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
40 Employee Benefit Records relating to individual employee benefits.Files may include but are not limited to WC §50942;GC T+7 T+7
Files enrollment forms and change requests for health,life,dental,vision,deferred comp and long §6020l(l2);GC §12236;
term disability insurance.WC §6020l(d)(lO);GC 6250
et seq.;OMB A-129;29 CFR
1602.30;29 CFR 1602.32
41 Employee Records relating to individual employees.Include employment applications;employment WC §50942;GC §6020l;GC T+7 T+7
Personnel Files actions (e.g.promotions,reclassifications,transfers,and salary information);performance §12236
evaluations;educational documents;and separation documents.Upon employee separation,
additional information such as reference checks,ethnicity disclosures.
42 Employee Records including negotiations,reported grievances and actions taken.Includes employee WC §50942;GC §6020l;GC C+2 SU+10
Relations MOU,Documentation related to employee association negotiations,Current enforced MOU §12236;GC §12946;29
and history,Records relating to Association correspondence and representatives,Reported USC 211;29 CFR 1602
grievances and actions taken,Documents related to employee investigations.
43 Employee Surveys Records may include but are not limited to forms completed by OWD employees in response WC §50942;GC §6020l;GC CY+2 CY+2
to questions regarding OWD administrative policy,departmental policy or amenities.§12236;GC §12946;29
USC 516.6(2);29 CFR
1602.14
44 Employment Records relating to immigration documentation,eligibility to work in the U.S.(e.g.Form 1-9)WC §50942;GC §6020l;GC 3Yor ACT+3,
Eligibility (Maintained in the HR department.)§12236;T+l orT+l
-longest
45 Environmental Records and reports relating to workplace environmental health issues.WC §50942;GC §6020l;GC P P
Workplace Safety §12236
46 Equal Employment Records relating to employee complaints and discrimination claims.WC §50942;GC §6020l;GC P P
Opportunities ~§12236;GC §12946;29
Commission CFR 1602.14
47 Equipment Records including daily maintenance reports,service checklists,preventative and corrective WC §50942;GC §60201;GC ACT+2 ACT+2
Maintenance maintenance,schedules,service logs,task records,calibration of equipment,correspondence,§12236
Records drawings,operating instructions,maintenance procedures,purchase orders,reports,tests,
logs,instructions,replacement parts lists regarding emergency generators.service request
forms,notifications,testing and maintenance ofbackflow presenters,use ofheavy
equipment,hourly rates and work order numbers.(Maintained in IMS since 2006.)
48 Financial Reports Records including financial,fiscal and monthly reports.Published audit as adopted by the WC §50942;GC §60201;GC ACT+4/P
and Statements Board ofDirectors.Records relating to audits performed by outside,contracted auditors.§12236 7*
49 Fixed Assets Purchase ofcapital assets,equipment and facilities over $10,000.WC §50942;GC §60201;GC P P
§12236
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code ofCiv.Proc.
CCR=Code of Cal.Reg.
CEQA=Cal Env QualityAct
CFR=Code Fed Regulations
CY=CalendarYear
GC=Cal Goc Code
GICO=Gen Ind Safety Orders
H&S=Health &Safety Code
IND=Indefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorney General
OSHA=Occup.Safety &HealthAct
P=Permanent
PC=PenalCode
R=Revised.Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 4
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
50 Fuel and Oil Usage Records documenting the amount offuel delivered and dispensed.WC §50942;GC §60201;GC A+3 CY+7
Files §12236;CCP §337
51 Fuel Storage Tanks Records relating to leak detection monitoring,cleanup,and condition offuel storage tanks.WC §50942;GC §6020l;GC P P
§12236
52 General Ledger Records including General Journals,GL-CR,GL-CD,and AR with backup (Located in WC §50942;GC §6020l;GC P P
Finance Dept.filing cabinets).§12236
53 Grants Records relating to City,State,and Federal requests and approvals for new and on-going WC §50942;GC §6020l;GC CL+5 CL+5
District projects whether as an individual agency or in conjunction with member agencies.§12236
54 Hazardous Records related to the use ofhazardous waste,hazardous materials,chemicals leaks and WC §50942;GC §6020l;GC P P
spills,chlorine,and asbestos records.Includes asbestos training records,asbestos medical §12236;Cal OSHA;40 CFR
records,handling,transportation,use,generation and disposal ofhazardous waste,chemical 122.21
spill cleanup,disposal manifests,removal receipts,sludge reports and fees,pesticides.
55 Help Desk Tickets Records ofHelp Desk requests for computer and other assiatnce.(Records maintained in WC §50942;GC §6020l;GC CY+2 CY+2
Microsoft SQL and SharePoint.)§12236
56 Incorporation State approved formation documents creating the Otay Municipal Water District.WC §50942;GC §6020l(l);P P
Records GC §12236
57 Inspection Records relating to ProofLoad tests (every 5 years)and inspection of equipment,vehicles WC §50942;GC §60201;GC CY+2 CY+2
and facilities.(Includes Crane,hydrants,APCD,etc.)§12236;GISO Cal OSHA
5031
58 Insurance Policies Records relating to contracts for liability coverage involving employee on the job injuries,WC §50942;GC §6020l;GC P P
OWD property,or third property liability,owner -controlled insurance program,aircraft,§12236
crime,travel accident and contracts for insurance brokers.
59 Interagency Files Records include correspondence and information relating to cities and other agencies.San WC §50942;GC §6020l;GC CY+2 P
Diego County Water Authority,Metropolitan Water District,Sister Agencies (Padre,Helix,§12236
Sweetwater,etc.),City ofChula Vista,City ofSan Diego.County ofSan Diego.State of
California,Water Conservation Garden JPA.
60 Inventory Records Verification records ofinventory related to fleet and equipment.Verification records of WC §50942;GC §60201;GC P CY+2
inventory includes materials belonging to the operation ofthe EOC,warehouse,fixed assets,§12236
fleet and equipment.Fixed assets under $10,000.(Kept electronically in Microsoft SQL.)
61 Job Descriptions Current and historical job descriptions.(Maintained in Human Resources.)WC §50942;GC §6020l;GC SU+2 SU+lO
§12236
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code of Civ.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal EnvQualityAct
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GlCO=Gen Ind Safety Orders
H&S=Health &Safety Code
IND=Indefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=Opinion AttorneyGeneral
OSHA=Occup.Safety&Health Act
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United StatesCode
Page 5
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
62 Laboratory Records ofall laboratory analyses performed by the District or external laboratories.WC §50942;GC §6020l;GC CY+12 CY+12
Analysis Analyses for potable,reclaimed water systems,and reclamation plant.Receipt ofsamples,§12236
tracking sheets,lists and logs showing locations and dates ofsamples.
63 Leases Records including lease information on OWD property and easements.District facility ID,CCP §337.2;CCP §343;C+5 C+5
vendor,agreement,amendments,correspondence,insurance,permit,drawing/plan,B&P §7042.5
correspondence,and photographs.
64 Legal Records relating to threatened,pending or settled litigation.Includes court cases,water WC §50942;GC §6020l;GC C+3 C+3
hearings and briefing books,Claims against the District,Briefs,appeals,and litigations,§12236;CCP §583.320(a)(3)
Records relating to claims and investigations ofpotential and pending litigation.
65 Legal Opinions Records relating to legal opinions on issues,problems and policies impacting OWD.GC §34090;GC §6254 SU+2 SU+2
(Confidential)
66 Legislation Records include District Legislative Program,lobbying files and staff analysis.WC §50942;GC §6020l;GC CY+4 CY+4
§12236;CCP §343;CCP
§349 et seq.
67 Liability and OWD Records related to liability claims and OWD property losses,Liability due to vehicle WC §50942;GC §6020l;GC ACT+3 ACT+5
Property Losses accidents,Property damage due to water main breaks,and FEMA Claims.§12236
68 Liens Liens on Properties/Parcels for unpaid water and/or sewer bills.WC §50942;GC §60201;GC A+3 A+3
§12236
69 Maintenance Records include notifications,reports oftesting and maintenance ofbackflow presenters.WC §50942;GC §60201;GC L+4 L+4
Records §12236
70 Material Safety Records relating to the use ofhazardous substances.(Maintained through outside vendor.WC §50942;GC §60201;GC CY+2 CY+2
Data Sheets (Reference safety bulletin boards.)§12236
71 Media Files Press releases and media advisories to newspapers,television,radio or member agencies for WC §50942;GC §60201;GC CY+2 CY+2
publication,publicity clippings and OWD news clippings.Public outreach materials relating §12236
to programs such as water fluoridation,water conservation,air vacs,reclaimed water,CIPs,
etc.Includes brochures,fact sheets,maps,images and diagrams.
72 Medical and Dental Records related to medical and dental summary plans.T+5 P
SummaryPlans
73 Medical and Medical records including but not limited to examination/exposure records,substance testing,WC §50942;GC §60201;GC T+30 P
Exposure Records hearing and respirator.(Maintained in Safety Dept.)§12236;29 CFR 1910.1020
74 Meter Calibration Meter Calibration Records.WC §50942;GC §60201;GC CY+2 CY+2
§12236
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
CjCL=Closed
CCP=Code ofCiv.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal Env QualityAct
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GlCO=Gen lnd Safety Orders
H&S=Health &SafetyCode
lND=lndefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt&Budget
OPS=Opinion AttorneyGeneral
OSHA=Occup.Safety&HealthAct
P=Permanent
PC=PenalCode
Page 6
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
------~~._."p.-..
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
75 Meter Readings Records for meter readings for water purchased.Records for water loss based on water sales.WC §50942;GC §60201;GC CY+2 CY+2
(This is an Excel document and would not be filed.)§12236
76 MWD/CWA Records relating to reclaimed credits.WC §50942;GC §60201;GC A+4/7*A+4/7*
Reclaimed §12236
77 Notices Notices pertaining to public hearings for availability fees,rate increases,annexations and WC §50942;GC §60201;GC P P
detachments,reference "Availability"for a list ofcustomers to whom Availability Notices §12236
have been forwarded.
78 Operating Logs Records pertaining to the daily activities ofpotable facilities.Includes shutdown records,GC §34090 CY+2 CY+2
and Records water delivery records,water production and demand records.or or
SU+2 SU+2
79 Operating Manuals Records relating to the operation offacilities and equipment.Records may include vendor WC §50942;GC §60201;GC SU+2 SU+2
instruction and installation manuals.§12236
80 Organizational History ofdepartmental organizational charts.WC §50942;GC §60201;GC CY+2 CY+2
Charts History §12236
81 Payroll Records related to payroll including payroll filings,pension,W2,W4,tax reports,court WC §50942;GC §60201;GC T+7 T+7
orders,tax levies and timesheets.(Maintained in Finance.)Records relating to employee §12236;29 CFR 516.6
deductions,PERS/Pension.
82 Permits,Licenses District-wide permits,licenses and certifications required for business.Records include WC §50942;GC §60201;GC T+4 T+4
and Certifications licenses required to conduct business,collect taxes,etc.Records for storm water discharge,§12236;
notice ofintent,notice oftermination,water sewer,reclaimed,and fire service,permits for
potable,reclaimed,treatment plant,industrial waste,FCC licenses,vehicles,and radio
permits,elevators.Records,reports,and certifications which are required to operate cranes
and pressure vessels.Includes annual certifications for Cal-OSHA.
83 Pesticide/Herbicide Records relating to the variety and use ofpesticides and herbicides.(Out-sourced.)WC §50942;GC §60201;GC CY+2 N/A
Applications §12236
84 Photographs Photographs,slides and negatives related,but not limited to construction sites,pipeline WC §50942;GC §60201;GC P P
breaks,facilities,appurtenances,events and thermographs for repair purposes,Public Affairs,§12236;H&S §19850
CIPs and District events.
85 Power Resources Records including energy products,on/offline times,wattage,correspondence and WC §50942;GC §60201;GC CY+2;CY+2;
drawings,and power resources managed or impacted by OWD.Records may include but are §12236;CCP §337.2;CCP T+5 T+5
not limited to contracts,correspondence and reports.§343;B&P §7042.5
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code ofCiv.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal EnvQuality Act
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GICO=Gen lndSafetyOrders
H&S=Health &SafetyCode
IND=lndefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt&Budget
OPS=Opinion Attorney General
OSHA=Occup.Safety &HealthAct
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 7
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
86 Procedures &Records providing documentation on the use ofcomputers,systems,equipment and OWD WC §50942;GC §60201;GC SU+2 ACT
Guidelines standards,and departmental procedures,as well as guidelines (i.e.,survey,inspection,quality §12236 (while +10
control,WAS,etc.)Purchasing Manual,Standard operating procedures,Current enforced active)
adopted Human Resources procedures and guidelines including but not limitedto Employee
Handbook and Performance Evaluation Manual.
87 Projects Records relating to the construction ofOWD projects;including but not limited to:GC §34090;CCP §337.15 C+10 C+1O
Engineering Test Records,Environmental Reports,Hydraulics,CIP,Non-CIP,Developer and
Calendar Logs.
88 Property Tax Monies added to customers property taxes for unpaid water and/or sewer bills.WC §50942;GC §60201;GC A+3 A+3
Rollovers §12236
89 Publications Records including internal newsletters and external customer newsletters and documents WC §50942;GC §60201;GC CY+2 CY+2
produced by OWD about OWD for external and internal use.Includes Otay at a Glance,§12236
Consumer Confidence Report,Customer Pipeline newsletters,Employee Pipeline
newsletters.
90 Records Retention Records retention schedule,location ofrecords and destruction ofrecords.Records relating to WC §50942;GC §60201;GC SU+4 SU+4
the listing ofthe period oftime for retaining records.Records from outside vendors certifying §12236;CCP §343
documents have been destroyed in compliance with the records retention schedule.Records
relating to the listing ofOWD records,identifying the records title,location,record series.
91 Recruitment j Records relating to the interview and selection process for prospective employees.GC §12946;GC §6250 et.C+3 C+3
Selection Files seq.;29 CFR 1602,et.seq.;
29 CFR 1607,29 CFR
1627.3
92 Reports and Records ofExternal agency reports and studies ofon-going projects or areas that impact the WC §50942;GC §60201;GC C+2 C+2
Studies operations ofOWD.Internal reports and studies ofon-going non-CIP projects or areas that §12236
impact the operations ofOWD.
93 Request for Records including bid packages,deliverables,proposals,request for proposals or quotations,WC §50942;GC §60201;GC C+2 C+2
Proposals (RFP)and rejected bids and proposals.§12236
94 Safety Records relating to Safety Records,Safety Meetings,Police Reports,OSHA Citations and WC §50942;GC §60201;GC C+5;CY+5
OSHA Complaints,Records ofa general nature regarding safety,including safety videos,§12236;29 CFR 1904.4;SU+2
checklists,training,meeting minutes and regulations.OMB 1220-0029
95 Salary Records relating to collected survey data used in determining and monitoring salaries for WC §50942(12);GC C+7 C+7
Administration various OWD classifications.§60201;GC §12236;OMB
1220-0029
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
CjCL=Closed
CCP=Code ofCiv.Proc.
CCR=Code ofCal.Reg.
CEQA=Cal Env QualityAct
CFR=Code Fed Regulations
CY=Calendar Year
GC=Cal Goc Code
GICO=Gen Ind Safety Orders
H&S=Health &Safety Code
IND=Indefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorneyGeneral
OSHA=Occup.Safety&Health Act
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 8
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
96 Security Records Records relating to the security issues for facilities;includes police incident reports.WC §50942;GC §60201;GC CY+2 CY+2
§12236
97 Service Records relating to all new water and sewer service connections,including but are not limited WC §50942;GC §60201;GC P P
Connections to maps,water/sewer orders,work orders,memos,progress renorts,and drawings.§12236
98 Strategic Plan OWD Strategic Plans and performance measure results.WC §50942;GC §60201;GC Cor Cor
§12236 SU+2 SU+2
99 Surveys Records relating to information on control and boundary monuments,above and below WC §50942;GC §60201;GC CY+lO P
ground structures including,but not limited to survey books,field books,and data.§12236;40 CFR 141.33
100 System and Documentation related to IT Systems and documentation ofbusiness processes and WC §50942;GC §60201 A A
Business Process automation.
Documentation
101 Taxes Tax revenues collected through the county tax rolls,1%Tax,including Local State and WC §50942;GC §60201;GC A+3 A+3
combines assessed valuation reports (County ofSD),County Tax Records,and records §12236
relating to Tax Apportionment.
102 Technology Project Records relating to the automation ofmanual processes.WC §50942;GC §60201;GC CY+2 C+2
Files §12236
103 Test Records Records for soil testing,pressure testing,bacteriological testing and any other testing not WC §50942;GC §60201;GC P P
listed,including but are not limited to,data on construction materials,oxygen levels,cross §12236
connections,and equipment.
104 Timesheets Records including timesheets,requests for leave forms (leave slips).WC §50942;GC §60201;GC T+7 T+7
§12236;29 CFR 516.6
105 Underground Records regarding notices for the location ofunderground utilities for purpose ofdigging.WC §50942;GC §60201;GC P P
Utilities §12236;GC §4003,GC §
4004;H&S §19850
106 Vehicle Operating Records relating to OWD vehicle registration,costs and vehicle maintenance records,and WC §50942;GC §60201;GC SU+2 SU+2
Records mileage.§12236
107 Vendor Files Records which are provided by OWD vendors.Records may include brochures,instruction WC §50942;GC §60201;GC CY+2 CY+2
manuals,drawings,catalogs and technical data sheets.Records are maintained in Eden.§12236
108 Visitor Logs Records relating to visitors at various OWD sites.WC §50942;GC §60201;GC CY+2 CY+2
§12236
109 Water Availability Water and Sewer deferral agreements for availability standby charges.WC §50942;GC §60201;GC C+10 C+10
Deferrals/§12236
Terminations
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code ofCiv.Proc.
CCR=Code of Cal.Reg.
CEQA=Cal Env QualityAct
CFR=Code FedRegulations
CY=CalendarYear
GC=Cal Goc Code
GICO=Gen Ind Safety Orders
H&S=Health &Safety Code
IND=Indefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorney General
OSHA=Occup.Safety &Health Act
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 9
-------~~~.~~.--~~~-._------------
Otay Water District -Records Retention Schedule (FY2010)
No.Record Series Record Series Description Authority Retention (Yrs)
Title Legal IOWD
110 Water Records relating to Water Conservation programs and the Water Conservation Garden JPA.WC §50942;GC §60201;GC CL+2 CL+2
Conservation §12236
111 Work Orders Records relating to the initiation,costs/labor and completion ofwork assignments.Records WC §50942;GC §60201;GC CY+2 CY+2
maintained in IMS.§12236
112 Workers'Records relating to workers'compensation.Records include checks,injuries,litigated and WC §50942;GC §60201;GC P P
Compensation non-litigated cases,and ergonomic records ofwork site inspections/recommendations.§12236;8 CCR §15400.2;
Files (Maintained in HR.)Includes 300,300A and 301.Cal.Labor Code §110,et
seq.
*After completion ofAudit;4 years for state funds/7 years for federal funds or until audited whichever is first
**CY+2 Ifnot filed with case or project
Event Codes:
A=Audit
ACT=Active
B&P=Business &Profes Code
C/CL=Closed
CCP=Code ofCiv.Proc.
CCR=Code of Cal.Reg.
CEQA=Cal Env QualityAct
CFR=Code FedRegulations
CY=CalendarYear
GC=Cal Goc Code
GICO=Gen lnd Safety Orders
H&S=Health &Safety Code
IND=lndefinite
L=Life ofFacility
LC=Labor Code Cal
OMB=Office Mgmt &Budget
OPS=OpinionAttorneyGeneral
OSHA=Occup.Safety&Health Act
P=Permanent
PC=PenalCode
R=Revised,Cancelled,Obsolete
S=Sale
SU=Supercede
T=Termination,Death
USC=United States Code
Page 10
ATTACHMENT B-ll.b
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
Purpose
To set forth the procedures that will facilitate the process for
responding to requests under the California Public Records Act
("CPRA")
Policy
The CPRA permits local agencies to adopt regulations stating the
procedures to be followed when making their records available to the
public.The Otay Water District's Board of Directors desires to set
forth the procedures by which such records will be made available to
the public.The Board is mindful of the constitutional right of
privacy accorded to individuals and it is the intent of the Board to
promulgate a policy that strikes an appropriate balance between the
objectives of open government and the individual's right of privacy.
Procedures
Records Available for Inspection and Copying
Except for records exempt from disclosure by express provisions
of law,records available for inspection and copying include any
writing containing information relating to the conduct of the
public's business that is prepared,owned,used,or retained by
the District,regardless of the physical form and
characteristics.The records do not have to be written but may be
in another format that contains information such as computer tape
or disc or video or audio recording.
"Writing"includes any handwriting,typewriting,printing,
photographing,and every other means of recording upon any form
of communication or representation such as letters,words,
pictures,sounds,or symbols,as well as all papers,maps,
magnetic or paper tapes,photographic films and prints,and
electronic mail.
Making a Request for Records
I'
t
I~..
Ii
I
r
There is
Requests
person,
no specific form that must be used to request records.
may be made orally or in writing and may be delivered in
through the mail,via e-mail or via facsimile.The
Page 1 of6
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
request must contain a reasonable description of the desired
records.When an oral request is received,the District may
request that the public records request be confirmed in writing.
The District may also follow-up verbally or in writing to clarify
or eliminate any confusion concerning a request.Requests must
be submitted to the District Secretary.
Locating and Identifying Records
Public records are open to inspection at all times during regular
District business hours.The District Secretary shall be
responsible for responding to records requests and coordinating
with the various departments within the District to compile
documents and information responsive to such requests.
If a request for records seeks the production of records or
documents that are not in existence at the time the request is
made,the District is not obligated to create a document in order
to respond to the request.
Form of Records Provided
Records will be made available in their original form or by a
true and correct copy.Audio,photographic and computer data,or
any other such records,shall be exact replicas unless the
District determines it is impracticable to provide exact
replicas.Any reasonably segregable portion of a record shall be
provided to the public after deletion of portions that are deemed
exempt from disclosure.
Common Exemptions
Certain categories of documents are generally not subject to
disclosure.These include,but are not limited to:(1)
preliminary drafts of certain documents that are not retained by
the District in the ordinary course of business;(2)records
related to pending litigation;(3)attorney-client communications;
(4)personnel records,medical information,or other similar
records the disclosure of which would constitute an unwarranted
invasion of personal privacy;(5)corporate financial and
Page 2 of 6
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
proprietary information,including trade secrets;and (6)records
protected by State or Federal law.
Time for Response
Upon receipt of a request for records,the District shall make
the records promptly available to the requestor.When a copy of
a record is requested,the District shall determine within ten
(10)calendar days whether to comply with the request,and shall
promptly inform the requestor of the District's decision and
reasons therefor.
In unusual circumstances,as defined in the CPRA,the initial ten
(10)calendar day period to make a determination may be extended
for up to an additional fourteen (14)calendar days.If so,the
District will inform the requestor of the extension,in writing,
within the initial ten (10)day period,setting forth the reasons
for the extension,along with the estimated date of the
District's further response.
!I'
flI'(
If a written request for information is denied in
part,the denial shall be in writing and shall
reasons for denial of access to the subject records.
Fees and Charges
whole or in
contain the
The District charges for the direct costs of duplicating records
(in paper,CDs,audio cassettes,tape or other appropriate
medium)and for the direct cost of postage and other delivery
methods as set forth on Appendix A to the District's Code of
Ordinance.
Requestors of electronic records shall pay for production costs,
including the cost to construct the record and the cost of
programming and computer services necessary to produce the copy
if response to the request requires the immediate production of a
record that is otherwise only produced at regularly scheduled
intervals,or if data compilation,extraction,or programming is
required to produce the requested record.However,the District
will not charge for access to electronic data that is accessible
in its existing form (including PDF copies of agenda items that
Page 3 of 6
available on the
staff to locate,
to the District.
form previously made
that does not require
or to incur other costs
Responding to Requests for Particular Documents
are provided in the
District's website)and
identify or extract data
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
The following procedures shall apply when responding to requests
for these particular categories of documents:
Disclosure of Litigation Materials
1.When litigation in which the District is
adjudicated or otherwise settled,records
between the District and the adverse party
shall be subj ect to disclosure including the
any settlement agreement between the parties.
a party is finally
of communications
in the litigation
text and terms of
2.Such disclosure shall not apply to records
otherwise privileged under federal or state law,
attorney-client communications,or to records sealed by
or where disclosure is otherwise limited by the court.
that are
such as
the court
Disclosure of Information Relating to Contracts,
Proposals
Bids and
1.Records of contractors'bids shall be available for
inspection immediately following the opening of bids.
2.Responses to Requests for Proposals,Qualifications or
Quotations and similar submittals shall be regarded as public
records and are available for inspection after District staff's
recommendation has been made public,unless there are elements in
the proposal which are defined by the proposer as business or
trade secrets and plainly marked as "Confidential,"Trade
Secret,"or "Proprietary."Although trade secret information may
be exempt from disclosure,the District typically is not in a
position to establish whether the information that a proposer has
submitted is a trade secret.If a request is made for information
marked "Confidential,""Trade Secret,"or "Proprietary",the
District will provide the proposer who submitted the information
Page 4 of 6
GTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
with reasonable
from disclosure
jurisdiction.
notice to allow the proposer to seek protection
by a court or government agency of competent
3.When an individual/firm
contract /information including
submitted to the District during
all proposers will be subject
exempt.
Budgetary Information
or organization is awarded a
financial information which was
the bid or proposal process from
to disclosure unless otherwise
Budgetary
which are
budgetary
record is
information including bills or records of payments /
submitted to the District/s Board or other body having
authority /shall be subj ect to disclosure unless the
confidential or privileged under State or Federal law.
Personal Information
Requests for records and documents containing personal
information such as social security numbers/horne addresses/horne
telephone numbers/financial matters/and medical or employment
history/should be reviewed on a case by case with the District/s
General Counsel.The District may respond to requests for
personal information in one or more of the following ways:
1.delete or redact those portions of the records that include
personal information and make the remaining portion of the record
available for inspection if the remaining portion of the record
is not otherwise exempt from disclosurej
2.notify the party whose personal information is being sought
and provide the party with the opportunity to initiate legal
proceedings or other appropriate process to prevent the release
of such informationj
3.seek a judicial determination as to whether or not the
requested personal information should be disclosedj or
Page 5 of 6
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
RECORDS POLICY AND PROCEDURES -05-B 2/3/10
ACCESSIBILITY
Electronic Mail
E-mail shall be treated the same as other written documents.If
the e-mail iskeptintheordinarycourseofbusiness.itis a
public record unless it falls within some exception to disclosure
under the CPRA.
Information regarding complaints shall be made available.
However,specific information about complainants shall be
redacted from any record furnished if necessary in order to
protect the privacy rights and safety of individuals making
complaints and to protect an individual's right to petition
government for redress of grievances.
allowed or
Complaints and Complaint Information
4.disclose the information where permitted,
compelled to do so.
Page 6 of6
AGENDA ITEM ad
February 3,2010
DIV.NO.
TYPE MEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.8M):
SUBJECT:
STAFF REPORT
Regular Board l J ,'}MEETING DATE:
Kelli Williams0r:VV W.O.lG.F.NO:
Human Resources Manager ~
Rom Sarno,Chief,Administrative ~erv~'~~'f""
German ~ez,Assistant General Manage~:Finance andAdmin~on
Adopt Resolution #4152 to Revise the American with
Disabilities Act and the Fair Employment and Housing Act
(ADA/FEHA)Disability Board Policy #48
All
GENERAL MANAGER'S RECOMMENDATION:
That the Board adopt Resolution #4152 to revise the ADA/FEHA
Disability Board Policy #48.
COMMITTEE ACTION:
See Attachment "AU.
PURPOSE:
To request the Board approve revisions to a Board Policy.
ANALYSIS:
From time to time,District Policies and Procedures are reviewed
and revised if necessary.After a review of the ADA/FEHA policy,
District staff and General Counsel are recommending minor
revisions deemed appropriate at this time.This policy was also
reviewed with the Employees'Association.The Association has
agreed to the policy as presented.Revisions are shown in the
attached strikethrough/underlined version of the
policy.(Attachment B)
The District will receive credits towards the District's
Workers'Compensation premium from the Special District's Risk
Management Authority (SDRMA)for having an ADA/FEHA Policy and
for having reviewed it on a bi-annual basis.The District
participates in the SDRMA's Credit Incentive Program (CIP)for
both the Workers'Compensation and Property and Liability
Insurance Programs-
Resolution #4152 (Attachment C)
It is requested that the Board of Directors adopt Resolution
#4152 in support of the proposed revisions to Board Policy #48
FISCAL IMPACT:
None.
STRATEGIC GOAL:
Optimize the District's Operating Efficiency.
LEGAL IMPACT:
Attachment A -Committee Action
Attachment B -ADA/FEHA Disability Board Policy #48
Attachment C -Resolution #4152
2
ATTACHMENT A
Adv~L Resolution #4152 to Revise the American with
sabilities Act and the Fair Employment and Housing Act
SUBJECTIPROJECT:(ADA/FEHA)Disability Board Policy #48
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed
this item at a meeting held on January 19,2010 and the
following comments were made:
•From time to time,District Policies and Procedures are
reviewed and,if necessary,revised.Staff reviewed the
ADA/FEHA policy and is proposing minor revisions
recommended by General Counsel.
•The District also receives credits toward its Workers'
Compensation premium from the Special District's Risk
Management Authority (SDRMA)for having an ADA/FEHA
Policy and reviewing it on a bi-annual basis.The
District participates in SDRMA's Credit Incentive Program
for both Workers'Compensation and Property and Liability
Insurance Programs and has received credit to its
premiums from SDRMA in previous years.
•The proposed changes are not significant and are mainly
language clean up.
•Human Resources reviewed these policy updates with the
Employee Association and they were supportive of the
updates.
Following the discussion,the committee supported staffs'
recommendation and presentation on the consent calendar.
ATTACHMENT B
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
ADA/FEHA Disability Policy 48 05/03/06 02/03/10
PURPOSE
To provide policies to encourage a bias free environment for disabled
employees or for disabled persons who seek employment with the Otay
Water District (District)
STATEMENT OF POLICY
It is the policy of the District not to discriminate on the basis of
disability for employment or the provision of services.It is the
intent of the District to provide disabled employees a bias free work
environment.The District will provide reasonable accommodation in
compliance with the Americans with Disabilities Act (ADA)and the Fair
Employment and Housing Act (FEHA),including prompt and equitable
resolution of complaints alleging discrimination on the basis of a
disability.
POLICY
General Provisions
The District has a commitment to ensure equal opportunities for
disabled District employees.Every reasonable effort will be made to
provide an accessible work environment.The District will not
discriminate against disabled employees or applicants in its employment
practices (e.g.hiring,training,testing,transfer,promotion,
compensation,benefits,termination).
Interactive Process
The District will engage in the interactive process,as defined by the
ADA and the FEHA,to determine whether an applicant or employee is able
to perform his/her essential functions..As part of the interactive
process,the District may invite the employee or applicant and,if
necessary,the employee or applicant's health care provider,to meet.
The employee may choose to have a third party present for support as an
observer.However,this person may not act as a representative or
attempt to negotiate on behalf of the employee.During the
interactive process the District will examine possible reasonable
accommodations that would allow the employee or applicant to continue
to perform the essential functions in his/her position or,if
appropriate,be otherwise employed by the District.
I
I
Complaints
Any District employee who believes that he/she have been
against because of a physical or mental disability
discriminated
may file a
Page 1 of 2
GTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
ADA/FEHA Disability Policy 48 05/03/06 02/03/10
discrimination complaint pursuant to the District's Policy 47,entitled
"Policy Against Discrimination and Harassment and Complaint Procedure".
Any applicant who believes that he/she have been discriminated against
because of a physical or mental disability may file a discrimination
complaint by writing a formal letter to the District's Human Resources
Manager.
Page 2 of 2
aTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
ADA/FEHA Disability Policy 48 05/03/06 02/03/10
PURPOSE
To provide policies to encourage a bias free environment for disabled
employees or for disabled persons who seek employment with the Otay
Water District (the "District~).
STATEMENT OF POLICY
It is the policy of the District not to discriminate on the basis of
disability for employment or the provision of services.It is the
intent of the District to provide disabled employees a bias free work
environment.The District will provide reasonable accommodation in
compliance with the Americans with Disabilities Act (~ADA~)and the
Fair Employment and Housing Act (~FEHA~),including prompt and
equitable resolution of complaints alleging discrimination on the basis
of a disability.
POLICY
General Provisions
The District has a commitment to ensure equal opportunities for
disabled District employees.Every reasonable effort will be made to
provide an accessible work environment.The District will not
discriminate against disabled employees or applicants in its employment
practices (e.g.hiring,training,testing,transfer,promotion,
compensation,benefits,termination).
Interactive Process
The District will engage in the interactive process,as defined by the
ADA and the FEHA,to determine whether an applicant or employee is able
to perform his/her essential functions.If the employee or applicant
cannot perform the essential functions of his/her position,the
District \>'ill examine possible reasonable accommodations that ',>'ill make
it possible for the employee or applicant to so perform.Such
interactive process will include a meeting with the employee or
applicant,the District,and,if necessary,the employee or applicant's
health care provider.As part of the interactive process,the District
may invite the employee or applicant and,if necessary,the employee or
applicant's health care provider,to meet.The employee may choose to
have a third party present for support as an observer.However,this
person may not act as a representative or attempt to negotiate on
behalf of the employee.During the interactive process the District
will examine possible reasonable accommodations that would allow the
employee or applicant to continue to perform the essential functions in
his/her position or,if appropriate,be otherwise employed by the
District
Page 1 of 2~
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy Date Date
Number Adopted Revised
ADA/FEHA Disability Policy 48 05/03/06 02/03/10
Reasonable accommodation can include,but is not limited to job
restructuring,reassignment to a vacant position for which the employee
is qualified,and making facilities accessible.
Complaints
Any District employee who believes that he/she have been disoriminated
against because of a physical or mental disability may file a
discrimination complaint pursuant to the District's Policy 47,entitled
"Policy Against --Discrimination and Harassment and Complaint
Procedure".
Any applicant who believes that he/she have been discriminated against
because of a physical or mental disability may file a discrimination
complaint by writing a formal letter to the District's Human Resources
Manager
Page 2 of 2~
ATTACHMENT C
RESOLUTION NO.4152
RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY
WATER DISTRICT
TO REVISE POLICY 48 CONCERNING ADA/FEHA DISABILITY
POLICY
WHEREAS,the Board of Directors of Otay Water District wishes to
clearly communicate the District's position not to discriminate on the
basis of disability for employment or the provision of services,as defined
by the ADA and FEHA;and
WHEREAS,the District desires to provide for a work environment free
of bias for disabled employees or for disabled persons who seek employment
with the District;and
WHEREAS,it is the policy of the District to provide a clear policy
on the interactive process,as defined by the ADA and FEHA,to ensure equal
opportunities for employees and applicants regarding the District's
employment practices;and
NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the
Otay Water District revise Policy 48,uADA/FEHA Disability Policy,"in the
form presented to the Board at this meeting;and
BEING FURTHER RESOLVED that the Board directs the staff of the
District to comply with the provisions of revised Policy 48 uADA/FEHA
Disability Policy".
PASSED,APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 3rd of February,2010.
President
ATTEST:
Secretary
I·:,.':
Ii
I
Resolution #4152 (Attachment C)
It is requested that the Board of Directors adopt Resolution
#4152 in support of the proposed revisions to Board Policy #48
FISCAL IMPACT:
None.
STRATEGIC GOAL:
Optimize the District's Operating Efficiency
LEGAL IMPACT:
Attachment A -Committee Action
Attachment B -ADA/FEHA Disability Board Policy #48
Attachment C -Resolution #4152
2
AGENDA ITEM Be
STAFF REPORT
AllDIV.NO.
February 3,2010MEETINGDATE:
W.O.lG.F.NO:Frank Anderson,Utility
Services ManagerfA,
Pedro Porras,AI
Chief,Water Operations ~
Manny Magafia~~
Assistant General M~ger,Engineering &Operations
PURCHASE OF HALF-TON PICKUP TRUCKSSUBJECT:
APPROVED BY:
(Asst.GM):
APPROVED BY:
(Chief)
TYPE MEETING:Regular Board
SUBMITTED BY:
GENERAL MANAGER'S RECOMMENDATION:
That the Board authorize the General Manager to issue a purchase
order to Villa Ford,2550 N.Tustin,Orange,CA 92865 in the
amount of $62,349.60,for the purchase of three (3)F-150 pickup
trucks.
COMMITTEE ACTION:
Please see Attachment "A"
PURPOSE:
To provide bid results and obtain authorization to purchase
three (3)half-ton two-wheel-drive pickup trucks identified
within the FY 2010 Capital Purchase Budget.
ANALYSIS:
Included in the approved FY 2010 budget are three (3)F-150
pickup trucks
There is one (1)replacement for a Water System Operator vehicle
that is near 100,000 miles.This replacement is a downsize from
the existing F-250 vehicles they currently drive.Due to the
District's service area changing from more rural to urbanized,
the F-150 pickups will provide the needed vehicle support with
reduced fuel consumption.
There is one (1)replacement of an F-150 being purchased for the
survey staff.This vehicle replaces a larger utility van that is
nearing the end of its service life.The pickup replacement for
the survey staff will be more efficient with fuel economy while
still accommodating the equipment needs of their field tasks.
There is one (1)new F-150 pickup that will be added to the
fleet that is needed to support water operations activity.This
will allow each water system operator to be assigned a specific
vehicle for their tasks.The cost for this pickup was offset by
the elimination of the purchase of a small vehicle due to the
utilization of an existing vehicle that became available by
means of contracting out a prior position with a vehicle that
was recently vacated.
As vehicles are replaced,they are incorporated into the
District's five-year,60,000 mile replacement program designed
to reduce the fleet fuel,maintenance,and operating costs.
In accordance with District policy,bids were solicited for the
three (3)half-ton pickup trucks.Of the 33 Southern California
dealerships solicited,nine (9)bids were received.Prices
received include all applicable fees and taxes.
Kearny Pearson Ford,San
Diego,CA
El Cajon Ford,El Cajon,
CA
Carmenita Truck Center,
Santa Fe Springs,CA
Raceway Ford,Riverside,
CA
Gosh Auto Group,Hemet,
CA
City Chevrolet,San
Diego,CA
Mossy Toyota,San Diego,
CA
Toyota Carlsbad,
Carlsbad,CA
Ford F-150 Pickup
Ford F-150 Pickup
Ford F-150 Pickup
Ford F-150 Pickup
Ford F-150 Pickup
Chevy Silverado 1500
Pickup
Toyota Tundra
Toyota Tundra
$21,757.67 ea.
$22,278.09 ea.
$22,274.06 ea.
$22,558.06 ea.
$22,489.62 ea.
$23,249.00 ea.
$22,118.40 ea.
$27,322.00 ea.
An evaluation for total five-year/60,00a mile cost-of-ownership,
including expected return on sale and gas consumption,was
conducted and based on Villa Ford's bid price and the average
MPG of the vehicle,the F-150 provides the lowest cost of
ownership.
~_....;::?"-
FISCAL IMPACT.//~
The budgeted amount~e identified vehicles and vehicles
purchased prior to this request is $121 /000.Actual cost was
$108 /416.20 1 which is a budget savings of $12 1 583.80.
Anticipated expenditures will not exceed budgeted vehicle
replacement funds.
STRATEGIC GOAL:
3.1.1.9:Operate the system to meet demand 24/7.
3.1.1.10:Meet all of the health-related water standards.
LEGAL IMPACT:
None
Attachment UA"I Committee Action
ATTACHMENT A
SUBJECTIPROJECT:Purchase of FY 10 Vehicles
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed this
item at a meeting held on January 19,2010 and the following comments
were made:
•Staff is recommending that the board authorize the purchase of
three (3)F-150 pickup trucks from Villa Ford (Orange,CAl in
the amount of $62,349.60.
•The three vehicles will be utilized as follows:
Replace an existing Water Systems Operator F-250 pickup
truck that is nearing 100,000 miles.Staff is proposing
that the truck be downsized to a F-150 as the District's
service area has changed from a more rural area to an
urbanized area.The F-150 will be sufficient to meet the
needs of the District and would provide more fuel
efficiency.
Replace a utility van used by the survey staff that is
nearing the end of its service life.The F-150 pickup
will provide fuel efficency and would still accomdate the
equipment needs of the survey staff.
The third F-150 will be added to the fleet to support
water operations activities.With the addition of this
vehicle,it will allow each water system staff member to
be assigned a vehicle for their work tasks.The cost of
the additional F-150 was offset by the elimination of the
need to purchase a small vehicle as an existing vehicle
became available when a position,recently vacated,was
contracted out .
•The new vehicles will be integrated into the District's five-
year/60,000 mile replacement program designed to reduce the
fleet fuel,maintenance and operating costs.District fleet
vehicles are evaluated for replacement at the end of their
warranty period while their residual value is high.Fleet
vehicles are also replaced with smaller,fuel efficient
vehicles when possible .
•An evaluation for total five-year/60,OOO mile cost-of-
ownership,including expected return on sale and gas
consumption,was conducted and based on Villa Ford's bid price
and the average MPG of the vehicles,the F-150 provides the
lowest cost of ownership.The committee inquired if the
residual value of the F-150 was looked at with regard to cost
of ownership.Staff indicated that the residual value is part
of the analysis for cost of ownership and in this particular
instance,the F-150 provided the lowest cost of ownership.
Following the discussion,the committee supported staffs'
recommendation and presentation on the consent calendar.
AGENDA ITEM af
TYPE MEETING:Regular Board
SUBMITTED BY:Mark Watton,General Manager
MEETING DATE:
W.O.lG.F.NO:
February 3,2010
DIV.NO.
That the Board waive all deferred availability charges and interest on the Subject Property (defined
below)and authorize the release of the Subject Property from the Deferral Agreement (defined
below),subject to the condition that the Subject Property be acquired by and transferred to the United
States Fish and Wildlife Service (the "USFWS")to be used as a wildlife habitat and for resource
protection and recreational purposes.
RECOMMENDATION:
SUBJECT:Amendment to and Partial Termination of
Preventing Water and/or Sewer Use;Waiver
Charges and Interest
Existing Agreement
of Certain Related
BACKGROUND:
The District collects water and sewer availability charges to defray capital costs and maintenance and
operating expenses of the water and/or sewer systems.Under current law,the availabiltiy charges
may only be collected from parcels that derive a special benefit from the availability ofthe water and
sewer systems.If the parcel is anticipated never to be in a position to use water or sewer services,
then it is unlikely that the parcel derives a benefit from having the service available.
In August of 2003,the District entered into an Agreement Preventing Water and/or Sewer Use and
Providing for Deferral of Certain Water and/or Sewer Availability Standby Charges (the "Deferral
Agreement")with The Environmental Tmst (the "Tmst"),in connection with certain property
consisting of approximately 310 acres (the "Deferred Charges Property")identified therein. The
Deferral Agreement was recorded in the official records of the County of San Diego on August 28,
2003,as Document No.2003-1053825, and for unknown reasons,it was recorded again on
December 5,2003,as Document No.2003-1445051.The Deferral Agreement covers a 10-year
period and provides that ifit is earlier terminated at the request ofthe property owner,the owner will
pay certain specified availability charges and interest.
Recently,the Tmst requested that the Deferral Agreement be terminated and that all accumulated
charges and interest be waived and forgiven.The District staff investigated the request and
determined that the Tmst is in the process of dissolution due to bankruptcy.Further investigation
revealed that a portion of the Deferred Charges Property,consisting of approximately 150 acres
identified by APNs 580-040-01, 580-040-41,580-040-44 and 580-040-46 (collectively,the "Subject
Property")is in the process of being acquired by and transferred to the USFWS to be managed for
approved refuge purposes.A copy of the letter from the USFWS confirming the anticipated transfer
is included as Attachment B,for reference purposes.The USFWS is also acquiring four other
parcels from the Tmst,but those are not covered by the Deferral Agreement.
The Tmst represents that USFWS must have clean title to the Subject Property in order to proceed
with its plans and that the Subject Property is not expected to ever be in the position to make use or
require water or sewer services from the District.The letter from the USFWS confirms that the
service does not anticipate developing or selling the land following its designation as a refuge.The
accumulated charges due upon early termination are estimated at $82,113.33,consisting of
approximately $54,900.30 in deferred availability charges plus $27,213.03 in interest accmed
through August 2013.A copy ofthis calculation is included as Attachment C for reference.
The Deferral Agreement covers several other parcels not being transferred to the USFWS.As to
those parcels,the District staff recommends that the Tmst's request for termination of the Deferral
Agreement and waiver of all associated charges and interest be denied.At this time,it has not been
determined what will be the disposition of those parcels upon dissolution of the Tmst and,as long as
there is a possibility that the parcels will be developed,the District staff believes that it is in the best
interest of the District to keep the Deferral Agreement in place as to those parcels.
The District staff recommends that the Board authorize the District to amend the Deferral Agreement
and execute and deliver any other document,including a Quitclaim Deed,as necessary to release the
Subject Property from the encumbrance of the Deferral Agreement and to waive,cancel and forgive
any amounts that could have been due in connection therewith.
FISCAL IMPACT:
None.Although the District is waiving accumulated charges and interest associated with the early
termination ofthe Deferral Agreement,the District did not anticipate that the Subject Property would
ever be developed.
LEGAL IMPACT:
None at this time.
COMMITTEE ACTION:
See Attachment A.
GllaJjJtttF
Attachment A:Summary ofCommittee's Recommendation
Attachment B:Correspondence dated December 4,2009 from the United States Department ofthe
Interior,Fish and Wildlife Service
Attachment C:Calculation of Amount Accumulated Under Deferral Agreement as to Subject
Property
2
ATTACHMENT A
Summary of Committee's Recommendation
Amendment to and Partial Termination of Existing Agreement
Preventing Water and/or Sewer Use;Waiver of Certain Related
SUBJECTIPROJECT:Charges and Interest
COMMITTEE ACTION:
The Finance/Administration and Communications Committee
this item at a meeting held on January 19,2010
following comments were made:
reviewed
and the
•Staff is requesting that the board approve The
Environmental Trust's request to waive all deferred
availability charges and interest for four parcels of
land that are subject to a Deferral Agreement they had
entered into with the District in August 2003.
•The District approves Deferral Agreements for parcels of
land that are open space and do not utilize or expect to
utilize water or sewer services from the District.
•The parcels will be transferred to the United States Fish
and Wildlife Services (USFWS)to be used as a wildlife
habitat preserve.The USFWS requires that the property
be clear of encumberances prior to it receiving title.
•As the property will continue to be a wildlife habitat
preserve and will be owned by the State,they will not be
subject to taxes.Staff recommends that the board
approve the Environmental Trust's request.
Upon completion of the discussion,the committee supported
staffs'recommendation and presentation on the consent calendar.
ATTACHMENT B
United States Department ofthe Interior
FISH AND WILDLIFE SERVICE
Nevada Realty Field Office
1000 Auction Road
Fallon,Nevada 89406-2613
Telephone:(775)423-5128 Fax:(775)423-0416
IlLS..'IS.".,ILDUI'Il81RR"WF.
~~
December 4,2009
Susan Cruz
District Secretary
Otay Water District
2554 Sweetwater Springs Blvd.
Spring Valley,CA 91978-2004
Re:Assessor's Parcel Nos.580-040-01,580-040-41,580-040-44,580-040-46, 580-020-23,585-
030-07,585-040-12,585-040-14 -The Environmental Trust
Dear Ms.Cruz:
This letter is to confirm that the U.S.Fish and Wildlife Service is acquiring a 260-acre tract near
Mt.Miguel from The Environmental Trust (description attached).This land will become part of
San Diego National Wildlife Refuge and will be managed for approved refuge purposes,
including the conservation and recovery of endangered and threatened species.
Once added to the refuge,it's extremely unlikely this land will ever be available for sale or
development.Under the National Wildlife Refuge System Administration Act (16 USC 688dd-
688ee)the disposal ofrefuge lands is strictly regulated and occurrences are infrequent.Current
refuge management plans do not anticipate construction ofany structures or iffiprovements that
would require water service.
Please let me know ifyou need any additional information about the future status gfthis tract.
Thank you for working with TET on resolving our title issues.
Rihhard Gnbes
S*rvisory Realty Specialist
Attachment
TAKE PR)DE·i'E::=..~
INAMERICA~
01-0248588
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of SAN DIEGO,and is described as follows.
PARCEL A:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION I,THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION I,THOSE PORTIONS OF LOTS I,2 AND
3 AND ALL OF LOT 4 OF SECTION I,THAT PORTION OF FRACTIONAL
SECTION 2,THAT PORTION OF FRACTIONAL SECTION II,AND THAT
PORTION OF THE NORTHWEST QUARTER OF SECTION 12,ALL LYING IN
TOWNSHIP 17 SOUTH,RANGE 1 WEST,SAN BERNARDINO MERIDIAN,IN
THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AS SHOWN ON THE
RECORD OF SURVEY NO.8521 RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT CORNER RJ3 OF RANCHO JAMACHA;THENCE SOUTH
66°05'00"WEST ALONG THE SOUTHEASTERLY LINE OF SAID RANCHO
JAMACHA,1383.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE
SOUTH 1°00'27"WEST,347.10 FEET;THENCE NORTH 66°05'00"EAST,
299.65 FEET TO A POINT IN THE ARC OF A 500.00 FOOT RADIUS
CURVE,THE CENTER OF WHICH BEARS SOUTH 56°56'33"WEST FROM SAID
POINT;THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 53.21
FEET THROUGH A CENTRAL ANGLE OF 6°05'52";THENCE TANGENT TO
SAID CURVE SOUTH 26°57'35"EAST,220.57 FEET;THENCE LEAVING
THE BOUNDARY OF SAID ROS 8521 SOUTH 40°12'40"WEST,1809.38
FEET;THENCE SOUTH 86°08'30"WEST,1989.20 FEET;THENCE SOUTH
0°25'26"EAST,2008.90 FEET;THENCE SOUTH 89°52'25"WEST,
4783.83 FEET TO THE MOST WESTERLY CORNER OF SAID ROS 8521;
THENCE NORTH 35°21'05"EAST,1189.50 FEET;THENCE NORTH
66°05'00"EAST.7481.53 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM SAID LOT 4 ALL COAL AND OTHER MINERALS AS
RESERVED BY THE UNITED STATES OF AMERICA IN PATENT RECORDED MAY
24,1939 IN BOOK 987,PAGE 186 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THAT PORTION OF
THAT CERTAIN 60.00 FOOT EASEMENT DESCRIBED IN GRANT OF EASEMENT
AND AGREEMENT TO DEDICATE PROPERTY FOR ROAD RIGHT OF WAY,
RECORDED APRIL 9,1970,RECORDER'S FILE NO.61520 OF OFFICIAL
RECORDS,LYING WITHIN SECTION I,TOWNSHIP 17 SOUTH,RANGE 1
WEST,SAN BERNARDINO MERIDIAN,IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF,AS
SAID 60.00 FOOT EASEMENT IS MORE PARTICULARLY DESCRIBED AS
-2-
01-0248588
FOLLOWS:
A 60.00 FOOT EASEMENT FOR ROAD PURPOSES OVER AND ACROSS THE
EXISTING TRAVELLED ROAD THROUGH THE EAST HALF OF FRACTIONAL
SECTION I,TOWNSHIP 17 SOUTH,RANGE 1 WEST,SAN BERNARDINO
MERIDIAN,LYING 30.00 FEET ON EACH SIDE OF THE 'FOLLOWING CENTER
LINE:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID FRACTIONAL
SECTION 1;TOWNSHIP 17 SOUTH,RANGE 1 WEST,SAN BERNARDINO
MERIDIAN;THENCE NORTH 82°27'31"EAST 1790.78 FEET ALONG THE
SOUTH LINE OF SAID SECTION 1 TO THE TRUE POINT OF BEGINNING,
SAID POINT BEING IN THE ARC OF A 150.00 FOOT RADIUS CURVE,THE
CENTER OF WHICH BEARS SOUTH 66°08'33"EAST FROM SAID POINT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,70.31 FEET
THROUGH A CENTRAL ANGLE OF 26°51'18";THENCE TANGENT TO SAID
CURVE,NORTH 50°42'45"EAST,67.61 FEET TO A TANGENT 200.00
FOOT RADIUS CURVE,TO THE RIGHT;THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE,146.58 FEET THROUGH A CENTRAL ANGLE OF
41°59'30";THENCE TANGENT TO SAID CURVE,SOUTH 87°17'45"EAST,
101.23 FEET TO A TANGENT 100.00 FOOT RADIUS CURVE,TO THE LEFT;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,161.54 FEET
THROUGH A CENTRAL ANGLE OF 92°33'15";THENCE TANGENT TO SAID
CURVE,NORTH 00°09'00"EAST,824.56 FEET TO A TANGENT 50.00 FOOT
RADIUS CURVE TO THE RIGHT;THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE,63.36 FEET THROUGH A CENTRAL ANGLE OF 77°36'33";
THENCE TANGENT TO SAID CURVE NORTH 72°45'33"EAST,624.25 FEET
TO A TANGENT 34.57 FOOT RADIUS CURVE TO THE LEFT;THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE,57.82 FEET THROUGH A
CENTRAL ANGLE OF 95°50'18"TO A TANGENT 200.00 FOOT RADIUS
CURVE TO THE RIGHT;THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE,104.92 FEET THROUGH A CENTRAL ANGLE OF 30°03'30";THENCE
TANGENT TO SAID CURVE,NORTH 06°58'45"EAST,73.39 FEET TO A
TANGENT 250.00 FOOT RADIUS CURVE,TO THE LEFT;THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE,166:02 FEET THROUGH
A CENTRAL ANGLE OF 38°03'00";THENCE TANGENT TO SAID CURVE,
NORTH 3I004'15"WEST,186.80 FEET TO A TANGENT 400.00 FOOT
RADIUS CURVE TO THE RIGHT;THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE,121.53 FEET THROUGH A CENTRAL ANGLE OF 17°24'30"
TO A TANGENT 306.07 FOOT RADIUS CURVE TO THE LEFT;THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE,172.06 FEET THROUGH
A CENTRAL ANGLE OF 32°12'35";THENCE TANGENT TO SAID CURVE,
NORTH 45°52'20"WEST,108.94 FEET TO A TANGENT 300.00 FOOT
RADIUS CURVE TO THE RIGHT;THENCE NORTHWESTERLY ALONG THE ARC
OF SAID CURVE,236.90 FEET THROUGH A CENTRAL ANGLE OF
45°14'40";THENCE TANGENT TO SAID CURVE,NORTH 00°37'40"WEST,
170.66 FEET TO A TANGENT 300.00 FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,52.08 FEET
THROUGH A CENTRAL ANGLE OF 99°27'45";THENCE TANGENT TO SAID
CURVE,SOUTH 79°54'35"WEST,54.18 FEET TO A TANGENT 200.00
-3-
01-0248588
FOOT RADIUS CURVE,TO THE RIGHT;THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE,151.81 FEET THROUGH A CENTRAL ANGLE OF
43°29'25";THENCE TANGENT TO SAID CURVE,NORTH 56°36'00"WEST,
18.38 FEET TO A TANGENT 200.00 FOOT RADIUS CURVE TO THE RIGHT;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,103.79 FEET
THROUGH A CENTRAL ANGLE OF 29°44'05";THENCE TANGENT TO SAID
CURVE,NORTH 26°51'55"WEST,371.25 FEET TO A TANGENT 500.00
FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE,52.39 FEET TO THE NORTHWESTERLY BOUNDARY OF
SAID PARCEL MAP NO.6281.SAID 60.00 FOOT STRIP TO TERMINATE
IN SAID NORTHWESTERLY BOUNDARY OF SAID PARCEL MAP NO.6281 AND
IN THE SOUTHERLY LINE OF SAID SECTION 1.
End of Legal Description
-4-
ENVIRONMENTAL TRUST SUMMARY
TERMINATION OF DEFERRAL BY OWNER
Deferred charges pius interest,compounded annually.
ATTACHMENT C
580-040-01
580-040-46
580-040-41
580-040-44
08/28/2003-08/28/2013
08/28/2003-08/28/2013
08/28/2003-08/28/2013
08/28/2003-08/28/2013
$30,851.56
$4,258.20
$9,793.87
$37,209.70
$82,113.33
Page 1
12/8/2009
ENVIRONMENTAL TRUST
Interest -Availability 10 yr agreement
PARCEL #580-040-01
Termination by Owner
Deferral Date
ORIGINAL BALANCE
DEFERRAL:ENVIRONMENTAL TRUST INC.
PARCEL #580-040-01
52.89 ACRES @ $30 RATE
8/28/2003
$4,760.10 refund availability FYOO-01,01-02,02-03
$1,586.70 $6,346.80 03-04 9/1/2003
$1,586.70 $7,933.50 04-05 9/1/2004
$1,586.70 $9,520.20 05-06 9/1/2005
$1,586.70 $11,106.90 06-07 9/1/2006
$1,586.70 $12,693.60 07-08 9/1/2007
$1,586.70 $14,280.30 08-09 9/1/2008
$1,586.70 $15,867.00 09-10 9/1/2009
$4,760.10 $20,627.10 10-11/12-13 9/1/2010
Fed Funds +5%
INTEREST RATES 8/28/2003
6/30/2004
8/11/2004
9/21/2004
11/11/2004
12/14/2004
212/2005
3/22/2005
5/312005
6/30/2005
8/9/2005
9/20/2005
11/1/2005
12/13/2005
1131/2006
3/28/2006
5/10/2006
6/29/2006
9/18/2007
10/31/2007
12/11/2007
1/22/2008
1/30/2008
3/18/2008
4/30/2008
10/8/2008
10/29/2008
12/16/2008
6.00%
6.25%
6.50%
6.75%
7.00%
7.25%
7.50%
7.75%
8.00%
8.25%
8.50%
8.75%
9.00%
9.25%
9.50%
9.75%
10.00%
10.25%
9.75%
9.50%
9.25%
8.50%
8.00%
7.25%
7.00%
6.50%
6.00%
5.25%
Page 2
BEGINNING ENDOF
OF INTEREST NUMBER
INTEREST RATE OF DAYS TOTAL INTEREST FEES BALANCE
8/28/2003 8/31/2003 3 4,760.10 $2.35 $1,586.70 $6,349.15
9/1/2003 6/29/2004 298 6,349.15 $311.02 $6,660.17
6/30/2004 8/10/2004 40 6,660.17 $45.62 $6,705.79
8/11/2004 8/31/2004 20 6,705.79 $23.88 $1,586.70 $8,316.37
9/1/2004 9/20/2004 19 8,316.37 $28.14 $8,344.51
9/21/2004 11/10/2004 49 8,344.51 $75.61 $8,420.12
11/11/2004 12/13/2004 32 8,420.12 $51.67 $8,471.80
12/14/2004 2/1/2005 47 8,471.80 $79.09 $8,550.89
2/2/2005 3/21/2005 49 8,550.89 $86.09 $8,636.98
3/22/2005 5/2/2005 40 8,636.98 $73.36 $8,710.34
5/3/2005 6/29/2005 56 8,710.34 $106.91 $8,817.25
6/30/2005 8/8/2005 38 8,817.25 $75.73 $8,892.98
8/9/2005 8/31/2005 22 8,892.98 $45.56 $1,586.70 $10,525.24
9/1/2005 9/19/2005 18 10,525.24 $44.12 $10,569.36
9/20/2005 10/31/2005 41 10,569.36 $103.88 $10,673.24
11/1/2005 12/12/2005 41 10,673.24 $107.90 $10,781.15
12/13/2005 1/30/2006 47 10,781.15 $128.41 $10,909.56
1/31/2006 3/27/2006 57 10,909.56 $161.85 $11,071.41
3/28/2006 5/9/2006 41 11,071.41 $121.25 $11,192.66
5/10/2006 6/28/2006 48 11,192.66 $147.19 $11,339.86
6/29/2006 8/31/2006 62 11,339.86 $197.44 $1,586.70 $13,123.99
9/1/2006 8/31/2007 360 13,123.99 $1,326.78 $1,586.70 $16,037.48
9/1/2007 9/17/2007 16 16,037.48 $72.06 $16,109.53
9/18/2007 10/30/2007 42 16,109.53 $180.74 $16,290.27
10/31/2007 12/10/2007 40 16,290.27 $169.60 $16,459.87
12/11/2007 112112008 40 16,459.87 $166.85 $16,626.72
1/22/2008 1/29/2008 7 16,626.72 $27.10 $16,653.82
1/30/2008 3/17/2008 47 16,653.82 $171.56 $16,825.38
3/18/2008 4/29/2008 41 16,825.38 $137.02 $16,962.40
4/30/2008 8/31/2008 120 16,962.40 $390.37 $1,586.70 $18,939.47
9/1/2008 1017/2008 36 18,939.47 $130.76 $19,070.23
10/8/2008 10/28/2008 20 19,070.23 $67.92 $19,138.15
10/29/2008 12/15/2008 46 19,138.15 $144.72 $19,282.87
12/16/2008 813112009 255 19,282.87 $707.26 $1,586.70 $21,576.83
9/1/2009 12/8/2009 97 21,576.83 $301.04 $21,877.87
12/9/2009 8128/2013 1339 21,877.87 $4,213.59 $4,760.10 $30,851.56
$10,224.46
Page 3
12/8/2009
ENVIRONMENTAL TRUST Termination by Owner
Interest -Availability 10 yr agreement
PARCEL #580-040-46
DEFERRAL:ENVIRONMENTAL TRUST INC.
PARCEL #580-040-46
7.3 ACRES @$30 RATE
Deferral Date
ORIGINAL BALANCE
8/28/2003
$
$219.00 $
$219.00 $
$219.00 $
$219.00 $
$219.00 $
$219.00 $
$219.00 $
$657.00 $
657.00 refund availability FYOO-01,01-02,02-03
876.00 03-04 9/1/2003
1,095.00 04-05 9/1/2004
1,314.00 05-06 9/1/2005
1,533.00 06-07 911/2006
1,752.00 07-08 911/2007
1,971.00 08-09 9/1/2008
2,190.00 09-10 9/1/2009
2,847.00 10-11/12-13 9/1/2010
Fed Funds +5%
INTEREST RATES 8/28/2003
6/30/2004
8/11/2004
9/21/2004
11/11/2004
12/14/2004
212/2005
3/22/2005
5/312005
6/3012005
8/912005
9/20/2005
11/1/2005
12/13/2005
113112006
3/28/2006
5/10/2006
6/29/2006
9/18/2007
10131/2007
1211112007
112212008
1/30/2008
3/18/2008
4/30/2008
10/8/2008
10/29/2008
12/16/2008
6.00%
6.25%
6.50%
6.75%
7.00%
7.25%
7.50%
7.75%
8.00%
8.25%
8.50%
8.75%
9.00%
9.25%
9.50%
9.75%
10.00%
10.25%
9.75%
9.50%
9.25%
8.50%
8.00%
7.25%
7.00%
6.50%
6.00%
5.25%
Page 4
i
I:fji..FJ[j
~j
;:;:
BEGINNING ENDOF ;;;.,
OF INTEREST NUMBER·iiIi
INTEREST RATE OF DAYS TOTAL INTEREST FEES BALANCE jl
8/28/2003 8/31/2003 3 657.00 $0.32 $219.00 $876.32 IiIi9/1/2003 6/29/2004 298 876.32 $42.93 $919.25 i
6/30/2004 8/10/2004 40 919.25 $6.30 $925.55
8/11/2004 8/31/2004 20 925.55 $3.30 $219.00 $1,147.84 ,
I9/1/2004 9/20/2004 19 1,147.84 $3.88 $1,151.73 II
9/21/2004 11/10/2004 49 1,151.73 $10.44 $1,162.16 Ii
11/11/2004 12/13/2004 32 1,162.16 $7.13 $1,169.30
12/14/2004 2/1/2005 47 1,169.30 $10.92 $1,180.21 ii
2/2/2005 3/21/2005 49 1,180.21 $11.88 $1,192.10 ~!
!'3/22/2005 5/2/2005 40 1,192.10 $10.12 $1,202.22
f,I5/3/2005 6/29/2005 56 1,202.22 $14.76 $1,216.98 !'6/30/2005 8/8/2005 38 1,216.98 $10.45 $1,227.43 ,
8/9/2005 8/31/2005 22 1,227.43 $6.29 $219.00 $1,452.72 l
9/1/2005 9/19/2005 18 1,452.72 $6.09 $1,458.81 ~'9/20/2005 10/31/2005 41 1,458.81 $14.34 $1,473.15 ;!
11/1/2005 12/12/2005 41 1,473.15 $14.89 $1,488.04 ,
12/13/2005 1/30/2006 47 1,488.04 $17.72 $1,505.76 I1/31/2006 3/27/2006 57 1,505.76 $22.34 $1,528.10 i3/28/2006 5/9/2006 41 1,528.10 $16.74 $1,544.84
I5/10/2006 6/28/2006 48 1,544.84 $20.32 $1,565.15
6/29/2006 8/31/2006 62 1,565.15 $27.25 $219.00 $1,811.40
9/1/2006 8/31/2007 360 1,811.40 $183.13 $219.00 $2,213.53 I
9/1/2007 9/17/2007 16 2,213.53 $9.95 $2,223.48 I
9/18/2007 10/30/2007 42 2,223.48 $24.95 $2,248.42 \
10/31/2007 12/10/2007 40 2,248.42 $23.41 $2,271.83
12/11/2007 1/21/2008 40 2,271.83 $23.03 $2,294.86
1/22/2008 1/29/2008 7 2,294.86 $3.74 $2,298.60
1/30/2008 3/17/2008 47 2,298.60 $23.68 $2,322.28
3/18/2008 4/29/2008 41 2,322.28 $18.91 $2,341.19
4/30/2008 8/31/2008 120 2,341.19 $53.88 $219.00 $2,614.07
9/1/2008 10/7/2008 36 2,614.07 $18.05 $2,632.12
10/8/2008 10/28/2008 20 2,632.12 $9.37 $2,641.49
10/29/2008 12/15/2008 46 2,641.49 $19.97 $2,661.47
12/16/2008 8/31/2009 255 2,661.47 $97.62 $219.00 $2,978.08
9/1/2009 12/8/2009 97 2,978.08 $41.55 $3,019.63
12/9/2009 8/28/2013 1339 3,019.63 $581.57 $657.00 $4,258.20
$1,411.20
Page 5
12/8/2009
ENVIRONMENTAL TRUST
Interest -Availability 10 yr agreement
PARCEL #580-040-41
Termination by Owner
Deferral Date
DEFERRAL:ENVIRONMENTAL TRUST INC.
PARCEL #580-040-41
16.79 ACRES @$30 RATE
8/28/2003
ORIGINAL BALANCE $
$503.70 $
$503.70 $
$503.70 $
$503.70 $
$503.70 $
$503.70 $
$503.70 $
$1,511.10 $
1,511.10 refund availability FYOO-01,01-02,02-03
2,014.80 03-04 9/1/2003
2,518.50 04-05 9/1/2004
3,022.20 05-06 9/1/2005
3,525.90 06-07 9/1/2006
4,029.60 07-08 9/1/2007
4,533.30 08-09 9/1/2008
5,037.00 09-10 9/1/2009
6,548.10 10-11/12-13 9/1/2010
Fed Funds +5%
INTEREST RATES 8/28/2003
6/30/2004
8/11/2004
9/21/2004
11/11/2004
12/14/2004
212/2005
3/22/2005
5/312005
6/30/2005
8/912005
9/20/2005
11/1/2005
12/13/2005
113112006
3/28/2006
5/10/2006
6/29/2006
9/18/2007
10/31/2007
12/11/2007
112212008
1/30/2008
3/18/2008
4/30/2008
10/8/2008
10/29/2008
12/16/2008
6.00%
6.25%
6.50%
6.75%
7.00%
7.25%
7.50%
7.75%
8.00%
8.25%
8.50%
8.75%
9.00%
9.25%
9.50%
9.75%
10.00%
10.25%
9.75%
9.50%
9.25%
8.50%
8.00%
7.25%
7.00%
6.50%
6.00%
5.25%
Page 6
BEGINNING END OF
OF INTEREST NUMBER
INTEREST RATE OF DAYS TOTAL INTEREST FEES BALANCE
8/28/2003 8/31/2003 3 1,511.10 $0.75 $503.70 $2,015.55
9/1/2003 6/29/2004 298 2,015.55 $98.73 $2,114.28
6/30/2004 8/10/2004 40 2,114.28 $14.48 $2,128.76
8/11/2004 8/31/2004 20 2,128.76 $7.58 $503.70 $2,640.04
9/1/2004 9/20/2004 19 2,640.04 $8.93 $2,648.98
9/21/2004 11/10/2004 49 2,648.98 $24.00 $2,672.98
11/11/2004 12/13/2004 32 2,672.98 $16.40 $2,689.38
12/14/2004 2/1/2005 47 2,689.38 $25.11 $2,714.49
2/2/2005 3/21/2005 49 2,714.49 $27.33 $2,741.82
3/22/2005 5/2/2005 40 2,741.82 $23.29 $2,765.11
5/3/2005 6/29/2005 56 2,765.11 $33.94 $2,799.05
6/30/2005 8/8/2005 38 2,799.05 $24.04 $2,823.09
8/9/2005 8/31/2005 22 2,823.09 $14.46 $503.70 $3,341.25
9/1/2005 9/19/2005 18 3,341.25 $14.01 $3,355.26
9/20/2005 10/31/2005 41 3,355.26 $32.98 $3,388.24
11/1/2005 12/12/2005 41 3,388.24 $34.25 $3,422.49
12/13/2005 1/30/2006 47 3,422.49 $40.77 $3,463.25
1/31/2006 3/27/2006 57 3,463.25 $51.38 $3,514.63
3/28/2006 5/9/2006 41 3,514.63 $38.49 $3,553.13
5/10/2006 6/28/2006 48 3,553.13 $46.73 $3,599.85
6/29/2006 8/31/2006 62 3,599.85 $62.68 $503.70 $4,166.23
9/1/2006 8/31/2007 360 4,166.23 $421.19 $503.70 $5,091.12
9/1/2007 9/17/2007 16 5,091.12 $22.88 $5,113.99
9/18/2007 10/30/2007 42 5,113.99 $57.37 $5,171.37
10/31/2007 12/10/2007 40 5,171.37 $53.84 $5,225.21
12/11/2007 1/21/2008 40 5,225.21 $52.97 $5,278.17
1/22/2008 1/29/2008 7 5,278.17 $8.60 $5,286.78
1/30/2008 3/17/2008 47 5,286.78 $54.46 $5,341.24
3/18/2008 4/29/2008 41 5,341.24 $43.50 $5,384.74
4/30/2008 8/31/2008 120 5,384.74 $123.92 $503.70 $6,012.36
9/1/2008 10/7/2008 36 6,012.36 $41.51 $6,053.87
10/8/2008 10/28/2008 20 6,053.87 $21.56 $6,075.43
10/29/2008 12/15/2008 46 6,075.43 $45.94 $6,121.37
12/16/2008 8/31/2009 255 6,121.37 $224.52 $503.70 $6,849.59
9/1/2009 12/8/2009 97 6,849.59 $95.57 $6,945.16
12/9/2009 8/28/2013 1339 6,945.16 $1,337.61 $1,511.10 $9,793.87
$3,245.77
Page 7
12/8/2009
ENVIRONMENTAL TRUST
Interest -Availability10yr agreement
PARCEL #580-040-44
Termination by Owner
Deferral Date
ORIGINAL BALANCE
DEFERRAL:ENVIRONMENTAL TRUST INC.
PARCEL #580-040-44
63.79 ACRES @$30 RATE
8/28/2003
$5,741.10 refund availability FYOO-01,01-02,02-03
$1,913.70 $7,654.80 03-04 9/1/2003
$1,913.70 $9,568.50 04-05 9/1/2004
$1,913.70 $11,482.20 05-06 9/1/2005
$1,913.70 $13,395.90 06-07 9/1/2006
$1,913.70 $15,309.60 07-08 9/1/2007
$1,913.70 $17,223.30 08-09 9/1/2008
$1,913.70 $19,137.00 09-10 9/1/2009
$5,741.10 $24,878.10 10-11/12-13 9/1/2010
Fed Funds +5%
INTEREST RATES 8/28/2003
6/30/2004
8/11/2004
9/21/2004
11/11/2004
12/14/2004
212/2005
3/22/2005
5/312005
6/3012005
8/912005
9/2012005
11/1/2005
12/13/2005
1/3112006
3/28/2006
511012006
612912006
911812007
10/31/2007
12111/2007
1/2212008
113012008
311812008
413012008
10/812008
1012912008
12/16/2008
6.00%
6.25%
6.50%
6.75%
7.00%
7.25%
7.50%
7.75%
8.00%
8.25%
8.50%
8.75%
9.00%
9.25%
9.50%
9.75%
10.00%
10.25%
9.75%
9.50%
9.25%
8.50%
8.00%
7.25%
7.00%
6.50%
6.00%
5.25%
Page 8
l
11I;
j'
BEGINNING ENDOF
11
OF INTEREST NUMBER
INTEREST RATE OF DAYS TOTAL INTEREST FEES BALANCE
8/28/2003 8/31/2003 3 5,741.10 $2.83 $1,913.70 $7,657.63
9/1/2003 6/29/2004 298 7,657.63 $375.12 $8,032.75
6/30/2004 8/10/2004 40 8,032.75 $55.02 $8,087.77
8/11/2004 8/31/2004 20 8,087.77 $28.81 $1,913.70 $10,030.27
9/1/2004 9/20/2004 19 10,030.27 $33.94 $10,064.21
9/21/2004 11/10/2004 49 10,064.21 $91.20 $10,155.41
11/11/2004 12/13/2004 32 10,155.41 $62.32 $10,217.73
12/14/2004 2/1/2005 47 10,217.73 $95.39 $10,313.12
2/2/2005 3/21/2005 49 10,313.12 $103.84 $10,416.96
3/22/2005 5/212005 40 10,416.96 $88.47 $10,505.43
5/3/2005 6/29/2005 56 10,505.43 $128.94 $10,634.38
6/30/2005 8/812005 38 10,634.38 $91.34 $10,725.72
8/9/2005 8/31/2005 22 10,725.72 $54.95 $1,913.70 $12,694.37
9/1/2005 9/19/2005 18 12,694.37 $53.21 $12,747.58
9/20/2005 10/31/2005 41 12,747.58 $125.29 $12,872.87
11/1/2005 12/12/2005 41 12,872.87 $130.14 $13,003.01
12/13/2005 113012006 47 13,003.01 $154.88 $13,157.89
1/31/2006 3/27/2006 57 13,157.89 $195.21 $13,353.10
3/28/2006 5/912006 41 13,353.10 $146.24 $13,499.34
5/10/2006 6/28/2006 48 13,499.34 $177.53 $13,676.87
6/29/2006 8/31/2006 62 13,676.87 $238.13 $1,913.70 $15,828.69
9/1/2006 8/31/2007 360 15,828.69 $1,600.22 $1,913.70 $19,342.61
9/1/2007 9/17/2007 16 19,342.61 $86.91 $19,429.52
9/18/2007 10/30/2007 42 19,429.52 $217.98 $19,647.50
10/31/2007 12/10/2007 40 19,647.50 $204.55 $19,852.05
12/11/2007 112112008 40 19,852.05 $201.24 $20,053.29
1/22/2008 1/29/2008 7 20,053.29 $32.69 $20,085.98
1/30/2008 3/17/2008 47 20,085.98 $206.91 $20,292.89
3/18/2008 4/29/2008 41 20,292.89 $165.26 $20,458.15
4/30/2008 8/31/2008 120 20,458.15 $470.82 $1,913.70 $22,842.67
9/1/2008 10/7/2008 36 22,842.67 $157.71 $23,000.38
10/8/2008 10/28/2008 20 23,000.38 $81.92 $23,082.30
10/29/2008 12/15/2008 46 23,082.30 $174.54 $23,256.84
12/16/2008 8/3112009 255 23,256.84 $853.02 $1,913.70 $26,023.56
9/1/2009 1218/2009 97 26,023.56 $363.08 $26,386.64
12/9/2009 8128/2013 1339 26,386.64 $5,081.96 $5,741.10 $37,209.70
$12,331.60
Page 9
AGENDA ITEM 89
srAFF REPORT
February 3,2010
AllDIV.NO.
Regular Board.MEETING DATE:
James CUdl~ce Manager W.O.lG.F.NO:Jose~~m,Chief Financial Officer
G~rman~ez,Assistant General Manager,Administration and
F:Lnance
APPROVED BY:
(Asst.GM):
APPROVED BY:
(Chief)
TYPE MEETING:
SUBMITTED BY:
SUBJECT:Banking Services Review
GENERAL MANAGER'S RECOMMENDATION:
That the Committee approve staff's recommendation to continue
the current level of banking services with Union Bank at this
time.Staff will initiate a full industry Request For Proposals
(RFP)for banking services as a part of their next banking
review,in approximately 2 years.
COMMITTEE ACTION:
See Attachment A.
BACKGROUND:
On March 5,2008,staff completed a banking services review and
presented it to the Board.At that time it was recommended that
Union Bank continue to provide banking services for the District
based on their competitive pricing,range of banking services,
and overall highly satisfactory performance.The Board
requested staff to provide a similar review on a recurring
basis,considering the changing economy and business competition
within the banking and financial industries.This report
presents results of that current review of the District's
banking services.
ANALYSIS:
CURRENT FEE COMPARISONS:Union Bank provided a detailed
breakdown of the District's services and fees,with a comparison
of the pricing for these services from three other municipal
agencies that recently completed bidding for banking services:
1)City of Indio;2)Coachella Valley Water District;and 3)
City of Elk Grove.Each of these agencies are either similar or
larger and more complex than the District in terms of overall
size,budget,operations,and range of banking services.Each
of the agencies recently completed a full review of their
banking services,to include detailed industry pricing
proposals,resulting in a full range of comparative pricing for
the District's review.The competing banks included Bank of
America,US Bank,Wells Fargo,Pacific Western Bank,and
FirstBank.An analysis of all services and fees on the
District's current monthly billing statement showed that Otay's
overall pricing was the most favorable.In addition,staff from
each of the three municipal agencies contacted confirmed that
their current fees were the lowest offered from all of the
competing banks.
While Union Bank's overall current pricing was more favorable
than each of the competing banks,a few individual service items
were identified where lower fees were available due to changes
in web (internet)and image technologies.Union Bank has
proposed to implement these fees immediately,providing the
District with savings of approximately $900/month,or 7.76%.
Additionally,Union Bank has made a commitment to maintain this
pricing for 5 years,similar to their previous pricing
commitment made in 2005.
CURRENT STAFF SATISFACTION:Staff who deal with the bank on a
repetitive basis were asked if they had any problems or issues
with the bank,and if they were satisfied with current banking
services.This included Customer Service,Payroll,Accounts
Payable,and Investment personnel.Responses were positive.
Problems tend to be infrequent,minor in scope,and the bank has
been quick to respond to all issues.Staff is very happy with
the financial services provided and the personnel contacts
involved at Union Bank.
NEW OR ADDITIONAL SERVICES AVAILABLE:Finance staff is active
in keeping current and knowledgeable of financial industry
services.Actions include:1)discussions with the District's
outside auditors;2)membership in professional financial
organizations (GFOA,CMTA,CSMFO,AICPA);3)attendance at
financial seminars;4)discussions with peers in the surrounding
water districts,other government agencies,and other business
entities;and 5)keeping communications with other banks open
and positive.Staff is unaware of any additional financial
goods or services that are not already available from Union
Bank.
ADDITIONAL CONSIDERATIONS:Banking services are interwoven
throughout many of the financial processes of the District and
require significant effort to change.Any change creates a
2
FISCAL IMPACT:
disruption for customers and vendors which should not be
initiated without ample justification.It typically takes
several months and hundreds of hours of staff time to change all
banking services.
Conclusions:
Staff recommends continuing with Union Bank at this time .
.-~-=j"Z:;?7
Projected savings of approximately $900/month,as well as a
commitment from Union Bank to maintain the current detailed
pricing for 5 years.
STRATEGIC OUTLOOK:
The District ensures its continued financial health through
long-term financial planning and debt planning.
LEGAL IMPACT:
None.
Attachments:
A:Committee Action Form
B:Inter-Agency Pricing Comparison
3
ATTACHMENT A
SUBJECTIPROJECT:Banking Services Review
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed
this item at a meeting held on January 19,2010 and the
following comments were made:
•In March 2008 staff completed a banking services review
and presented findings to the board.At that time it was
agreed that staff would complete a similar review on a
periodic basis.Staff has completed another review and
recommends that the District continue with its current
banking vendor,Union Bank.
•Staff compared the District's services and fees from
Union Bank with three other municipal agencies who
recently completed a bidding process for banking
services;City of Indio,Coachella Valley Water District
and City of Elk Grove.Due to the current emphasis for
banks to show a profit because of the many bank failures,
the comparison found that banks are not cutting fees.
•Union Bank's fees continue to be competitive and the
District has been happy with their services.They have
also reduced prices on several of their fees which will
save the District approximately $10,000 annually.
•It was also noted that staff found some bill paying
advantages through Union Bank.Customers may also pay
their water bill at any Walmart around the country.
Upon completion of the discussion,the committee supported
staffs'recommendation and presentation to the full board on the
consent calendar.
Y:\Board\CurBdPkg\FINANCE\CommMtgBankingServRev020310.doc
Attachment B
Banking Services Review -All Items
Otay Coachella Indio Elk Grove
Item Volume Price Extended Price Extended Price Extended Price Extended
Acount Analysis
Acct Maintenance,3 5.00 15.00 5.00 15.00 5.00 15.00 5.00 15.00
Acount Recon
Pos Pay 2 75.00 150.00 75.00 150.00 50.00 100.00 75.00 150.00
Check Paid 438 0.06 26.28 0.09 39.42 0.08 35.04 0.06 26.28
Outstanding Only 2 10.00 20.00 10.00 20.00 10.00 20.00 10.00 20.00
Recon Stop 1 8.00 8.00 5.00 5.00 1.00 1.00 8.00 8.00
Image CD 1.00 20.00 20.00 15.00 15.00 20.00 20.00 20.00 20.00
Image Checks 425 0.02 8.50 0.02 8.50 0.02 8.50 0.02 8.50
Express Mail 2 10.00 20.00 10.00 20.00 5.00 10.00 10.00 20.00
Web Pos Pay-E 1 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20
Web Pos Pay-I 1 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0·50
Web Pos Pay-II 521 0.18 93.78 0.18 93.78 0.18 93.78 0.18 93.78
Bill Concentration
BCS Base 1 75.00 75.00 125.00 125.00 125.00 125.00 75.00 75.00
Transmission 22 4.00 88.00 2.00 44.00 3.00 66.00 5.00 110.00
BCS Item 9,157 0.03 274.71 0.05 457.85 0.05 457.85 0.05 457.85
Armored Car
Services 1 542.00 542.00 542.00 542.00 542.00 542.00 542.00 542.00
Business Checking
Branch Deposit 17 2.00 34.00 1.00 17.00 2.00 34.00 2.00 34.00
Electronic Credit 100 0.12 12.00 0.12 12.00 0.12 12.00 0.05 5.00
Night Drop 8 2.00 16.00 2.00 16.00 2.00 16.00 2.00 16.00
Electronic Debit 10 0.12 1.20 0.12 1.20 0.12 1.20 0.05 0.50
Bank Stmt Web 2 2.00 4.00 2.00 4.00 2.50 5.00 2.00 4.00
FDIC Insurance 2,217.3 0.1013 224.61 0.1013 224.61 0.1013 224.61 0.1013 224.61
FDIC Insurance 1,661.6 0.015 24.92 0.015 24.92 0.015 24.92 0.015 24.92
Check Processing
Uncoded 1 0.95 0.95 1.00 1.00 1.60 1.60 1.60 1.60
UB Checks-B 20 0.0755 1.51 0.0755 1.51 0.080 1.60 0.0755 1.51
Local Clr 93 0.078 7.25 0.078 7.25 0.080 7.44 0.078 7.25
Banking Services Review -All Items
Otay Coachella Indio Elk Grove
Item Volume Price Extended Price Extended Price Extended Price Extended
Local Fed 160 0.087 13.92 0.087 13.92 0.090 14.40 0.087 13.92
Other Fed 22 0.12 2.64 0.12 2.64 0.13 2.86 0.12 2.64
UB Checks-S 2,044 0.02 40.88 0.04 87.89 0.04 87.89 0.02 40.88
Local Clr 5,621 0.03 168.63 0.05 269.81 0.05 269.81 0.04 196.74
Local Fed 10,346 0.03 310.38 0.06 589.72 0.06 620.76 0.04 362.11
Encoding 1,363 0.02 27.26 0.02 27.26 0.02 27.26 0.02 27.26
Other Fed 2,350 0.03 70.50 0.09 211.50 0.10 235.00 0.03 70.50
Canadian 1 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00
Debit Error 1 3.00 3.00 6.00 6.00 3.00 3.00 7.00 7.00
Credit Error 1 3.00 3.00 6.00 6.00 3.00 3.00 7.00 7.00
Clearpay
Monthly Base 2 25.00 50.00 50.00 100.00 50.00 100.00 25.00 50.pO
Credit Tra ns-l 100 0.00 0.00 0.04 4.00 0.10 10.00 0.03 3.00
Credit Trans-2 340 0.10 34.00 0.04 13.60 0.10 34.00 0.03 10.20
Debit Trans-l 100 0.00 0.00 0.04 4.00 0.10 10.00 0.03 3.00
Debit Trans-2 4,191 0.10 419.10 0.04 167.64 0.10 419.10 0.03 125.73
Returns 10 3.00 30.00 3.00 30.00 1.00 10.00 5.00 50.00
NOC/FAX 4 2.00 8.00 3.00 12.00 1.00 4.00 3.00 12.00
Batch Release 7 2.00 14.00 2.00 14.00 1.00 7.00 5.00 35.00
ACK Report 7 2.00 14.00 2.00 14.00 2.00 14.00 2.00 14.00
Cash Vault
Currency Strap 2 0.95 1.90 1.40 2.80 1.40 2.80 0.95 1.90
Deposit 18 1.00 18.00 1.00 18.00 2.50 45.00 1.00 18.00
Currency Unstrap 58.8 0.90 52.92 1.40 82.32 0.75 44.10 0.90 52.92
Commercial Cust
LAIF Redem 2 5.00 10.00 50.00 100.00 0.00 0.00 5.00 10.00
LAIF Invest 5 5.00 25.00 20.00 100.00 0.00 0.00 5.00 25.00
Electronic Tax
Instatax 1 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00
Info Reporting
Web Prior Day 3 20.00 60.00 25.00 75.00 25.00 75.00 25.00 75.00
Banking Services Review -All Items
Otay Coachella Indio Elk Grove
Item Volume Price Extended Price Extended Price Extended Price Extended
Web Bal/Sum 766 0.03 22.98 0.05 38.30 0.05 38.30 0.05 38.30
Web Trans 681 0.03 20.43 0.05 34.05 0.05 34.05 0.05 34.05
Business Int Chk
Elec Credit 3 0.15 0.45 0.15 0.45 0.15 0.45 0.15 0.45
Elec Debit 1 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15
Bank Stmt Web 1 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00
FDIC Insurance 80.6 0.1013 8.16 0.1013 8.16 0.1013 8.16 0.1013 8.16
FDIC Insurance 10 0.015 0.15 0.015 0.15 0.015 0.15 0.015 0.15
Deposit Items Ret
Regular 50 1.00 50.00 2.00 100.00 2.50 125.00 2.50 125.00
Chargeback 33 1.50 49.50 4.00 132.00 2.00 66.00 1.50 49.50
Office Cash
Currency Furnished 0.467 1.20 0.56 1.20 0.56 1.20 0.56 1.20 0.56
Deposit Currency 100.92 1.40 141.29 1.40 141.29 1.40 141.29 1.40 141.29
Team Stop Pymts
Web Stop Pymts 3 3.00 9.00 5.00 15.00 1.00 3.00 3.00 9.00
Wire Transfers
Incoming Domest 1 4.00 4.00 5.00 5.00 4.00 4.00 2.00 2.00
Wholesale lockbox
Item Processed 961 0.45 432.45 0.45 432.45 0.45 432.45 0.48 461.28
Account Maint 1 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00
Data Entry 21,992 0.02 439.84 0.02 439.84 0.02 439.84 0.02 439.84
Stop List 1 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00
Stop Item 961 0.05 48.05 0.05 48.05 0.05 48.05 0.05 48.05
Batch Preparation 48 1.25 60.00 1.25 60.00 1.25 60.00 1.25 60.00
Lockbox Deposit 48 1.45 69.60 1.45 69.60 1.45 69.60 1.60 76.80
CD-Rom 1 30.00 30.00 30.00 30.00 30.00 30.00 35.00 35.00
Check Image 961 0.05 48.05 0.05 48.05 0.05 48.05 0.05 48.05
Web Access 2 0.03 0.06 0.03 0.06 0.03 0.06 0.03 0.06
Wholetaillockbox
Monthly Base 1 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00
Banking Services Review -All Items
Otay Coachella Indio Elk Grove
Item Volume Price Extended Price Extended Price Extended Price Extended
Items Processed 18,032 0.14 2,524.48 0.14 2524.48 0.15 2704.80 0.17 3065.44
OCR Scan 2,907 0.02 58.14 0.02 58.14 0.02 58.14 0.02 58.14
Data Entry 228 0.02 4.56 0.02 4.56 0.01 2.28 0.02 4.56
Non-Matched 2,579 0.35 902.65 0.35 902.65 0.20 515.80 0.35 902.65
Data Trans 1 75.00 75.00 75.00 75.00 100.00 100.00 100.00 100.00
Data Trans/Media 18,032 0.005 90.16 0.005 90.16 0.005 90.16 0.005 90.16
Facsimile 56 5.00 280.00 5.00 280.00 2.00 112.00 7.00 392.00
Stop List-Monthly 1 35.00 35.00 35.00 35.00 150.00 150.00 150.00 150.00
Stop List-per item 18,032 0.005 90.16 0.005 90.16 0.005 90.16 0.005 90.16
PO Box Rental 1 107.00 107.00 107.00 "107.00 107.00 107.00 107.00 107.00
Lockbox Deposit 19 0.95 18.05 0.95 18.05 1.60 30.40 1.00 19.00
Image Delivery 1 75.00 75.00 75.00 75.00 75.00 75.00 100.00 100.<;)0
CD-Rom 1 25.00 25.00 25.00 25.00 10.00 10.00 25.00 25.00
Check Image 18,032 0.04 721.28 0.04 721.28 0.05 901.60 0.03 540.96
CD Doc Image 19,714 0.04 788.56 0.04 788.56 0.05 985.70 0.03 591.42
Web Access 22 0.02 0.44 0.02 0.44 0.03 0.66 0.03 0.66
Elec Wire Tsfr
Acct Transfer 3 2.00 6.00 2.00 6.00 2.00 6.00 2.00 6.00
Wire Transfer 1 20.00 20.00 25.00 25.00 25.00 25.00 25.00 25.00
Outgoing Wire 7 6.00 42.00 6.00 42.00 8.50 59.50 4.00 28.00
Internal Transfer 1 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00
TOTAL:10,608.75 11,534.50 11,700.59 11,219.15
AGENDA ITEM 8h
TYPE MEETING:Regular Board
SUBMITTED BY:Mark Watton,
General Manager
APPROVED BY:
EXECUTIVE SUMMARY
MEETING DATE:
W.O.lG.F.NO:
February 3,2010
DIV.NO.N/A
SUBJECT:Consideration to Approve the Proposed Bylaws and Articles of
Association of the Council of Water Utilities
GENERAL MANAGER'S RECOMMENDATION:
That the Board approve the proposed Bylaws and Articles of
Association of the Council of Water Utilities.
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To present the proposed Bylaws and Articles of Association for
consideration by the Board of Directors.
ANALYSIS:
The Council of Water Utilities (COWU)and the Water Agencies
Association San Diego Chapter (WAASDC)have been in discussions to
merge their two organizations.As the purpose of the two
organizations are very similar -to provide a forum for sharing
information and promoting the interests of the water agencies or
cities that provide water services in San Diego County on water
related issues of local,state or national origin -it is felt that
it would be beneficial to merge as it would allow collaboration on a
larger scale.In addition,members would save the bi-annual
membership fee to WAASDC.
It has been agreed that the WAASDC would be merged into the COWU and
meetings would still continue to be open to all public and private
water agencies,cities that provide water services in San Diego
County,and adjacent water agencies which would provide and receive
benefit from membership in the COWU.The meetings would also
continue to be held as a breakfast meeting once a month with one
annual dinner.
The WAASDC and COWU are requesting that its membership review and
approve the attached proposed Bylaws and Articles of Association for
the new organization.The newly formed COWU will become a 501(c)(6)
entity.The District's legal counsel has reviewed the Bylaws and the
Articles of Association and indicates that there are adequate.
The COWU will be presenting the Bylaws and Articles of Association at
their meeting in February 2010 for formal adoption by its members.
FISCAL IMPACT:
The District would save the bi-annual membership fee of $100 to the
WAASDC.
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:
Attachments:
Council of Water Utilities Proposed Bylaws
Council of Water Utilities Proposed Articles of Association
H:lDistSecIWINWORDISTAFRPTSIACWA-JPIA Concur2000.doc
ATTACHMENT A
Consideration to Approve the Proposed Bylaws and Articles
SUBJECTIPROJECT:of Association of the Council of Water Utilities
COMMITTEE ACTION:
The Finance/Administration and Communications Committee reviewed this
item at a meeting held on January 19,2010 and the following comments
were made:
•The Council of Water Utilities and the Water Agencies
Association are in discussions to merge the two organizations
as it is felt that the union of both organizations would
better serve their members .
•The merged organization will become a 501(c)(6)entity and the
Bylaws and Articles of Association are being presented for its
members for comment and approval.
•The Council of Water Utilities will be presenting the Bylaws
and Articles of Association at their meeting in February 2010
for formal adoption by its members.
Upon completion of the discussion,the committee supported staffs'
recommendation and presentation to the full board on the consent
calendar.
SB 481924 v4:011069.0001
BYLAWS
A California N .nprofit Unincorporate
TABLE OF CONTENTS
SB481924 v4:011069.0001
BYLAWS
OF
COUNCIL OF WATER UTILITIES
A California Nonprofit Unincorporated Association
may at any time establish branch or
ssociation is qualified to conduct its
"E III
LIMITATIONS
action of the activities
:c---------~ii''-------County,
ay change the principal office from one
the Principal Office shall transfer to
.with each term ofoffice.
Association is organized under the California
Uni Laws.Thg'purpose of this Association is to engage in any lawful
act or acti 'ncorporated association may be organized under such law.The
principal purp or which Association is formed is to provide a forum for water agencies
to be informed a share iq;,'prmation of importance to the water,recycled water,wastewater
and related agencie .,,,"tnally,the Association is intended to provide annual training
seminars for water agen ployees in areas of interest such as customer service or first line
supervisors.Further,the ~ssociation shall hold at least one annual dinner for its members.This
Association is organized exclusively for such purposes within the meaning of Section 501(c)(6)
ofthe Internal Revenue Code of 1986,as amended from time to time.Notwithstanding any other
provision ofthese Bylaws,this Association shall not,except to an insubstantial degree,carryon
or engage in any activities or exercise any powers that are not in furtherance of the purposes of
this Association,and the Association shall not carryon any other activities not permitted to be
carried on by an organization exempt from Federal income tax under Section 501(c)(6)of the
Internal Revenue Code of1986 (as amended).
ARTICLE I
NAME
Section 2.02.,
subordinate offices
activities.
Section 2.01.Princi al0ffi
and affairs ofthe Association is locate
California.The Board of Directors (the'
location to another.It is the intent of the ,/1(.
the address ofthe agency ofwhomever is the pr
The name of this unincorporated association '
"Association").
1
kthomer draft 11182009
Section 3.02.Limitations.
a.Prop~rty.The property,assets,profits and net income are dedicated to
the purposes set forth in Section 3.01 above.
ion of this Association,
ligations and liabilities of
distributed pro rata in
ent members of the
b.DissglUtion.Upon the winding up and
after paying or adequately providing for the payment of the
the Association,the remaining assets of this Associatio
proportion to the money contributed by each member to
Association.
Section 4.01.ualificationsand Ri
a.Classes and ualifications.This Ass .on shall have two classes of
members,consisting of persons dedi to the purposes of thi iation,who meet other
qualifications for membership,as the B determine shall besT gible for membership on
approval of the membership application b and on timel)rpayment of such dues and
fees as the Board may fix from time to ti J"ding the foregoing,the Association
may refer to persons of certain nonvoting class@:~t er*s or entities associated with it as
"members,"even thoug persons or entiti e not votl g members as set forth in Section
4.01.b.of these Byl such reference s,~l constitute anyone a member within the
meaning of the Ca,Jj:orated Associaticj'aws unless that person or entity shall
have qualified for c a v ership under Sect n 4.01.b.of these Bylaws.Unless the
context requires otherwise;,.these Bylaws to "members"shall mean such voting
members only.By resolution§sociation may grant some or all the rights of a
member t s,as set forth e Bylaws,to any person or entity that does not have the
right t uch person 0 .!,Y shall be a "member"within the meaning of the
Cali ssociations s.
(l)'i<ust Members.Public or Private water,wastewater,and
cies,indti'jng cities in San Diego County or adjacent water agencies which
ii",'!would provide a eceive '~"lmefit from such membership shall be eligible for Industry
Membership,subject'ing other qualifications for membership as determined by the
Board.
(2)Associate Members.Persons or entities interested in the purposes
of this Association but who are not public water,wastewater,or recycled water suppliers shall be
eligible for Associate Membership,subject to satisfying other qualifications for membership as
determined by the Board.
b.Voting MelUbers.Only Industry Members shall be entitled to vote,as set
forth in these Bylaws.
2
kthomerdraft 11182009
ise)shall
members who have paid
ylaws and who are not
nders the member ineligible for
dues,fees,or assessments as set by the
o e due and payable;
f the period of memb
ard;
or suspension f the member pursuant to Section 4.04.b.
sionofmbershi .A member (voting or otherwise)may be
ith determination by the Board,or a committee authorized by the
tion,that the member has failed in a material and serious degree
of the Association or has engaged in conduct materially and
urposes and interests of the Association.A person whose
I not be a "member"during the period ofsuspension.
(3)Failure ofthe
Board within the period of time set by the Boa
(
membership,or failu,lj
(2)Expiratio
renewed on the renewal terms fixed by
(I)Resignation of the member,0
Section 4.04.Termina ion and Sus
ofthese Bylaws;or
a.Causes.of Termination.
terminate on occurrence of any of the following eve
Section 4.03.GoodStanding.Those voting and 11
the required dues,fees,and assessments in accordance
suspended shall be members in good standing.
Section 4.02.Dues)Fees.and Asse§sp:!elJts.Each voting and nonvoting member
must pay,within the time and onthe conditions setby the Board,the dues,fees,and assessments
in amounts to be fixed from time to time by the Board.The Board may,in its discretion,set
different dues,fees,and assessments for each class and within each class.For purposes of
incorporation,the initial dues are set in an annual amount of$50 per industry member and $100
per associate member,payable on June 30th ofeach year.
Section 4.05..Prohibition on Transfer of Memberships.A membership or any right
arising from membership (voting or otherWise)111ay not be .transferred to any other person or
entity without the prior approval of the Board.The Board may by resolution impose transfer
fees or other conditions on the transferring party as it deems fit,provided those fees and
conditions are the same for similarly situated members.
3
kthorner draft 11182009
Section 4.06.MeetingsQf Members._.-_.,,---.'.".-.-._..
a.Place ofMesting.Meetings of the members shall be held generally at a
breakfast meeting on the 3rJ Tuesday of the month from 7:15 AM to 8:45 AM in any place
designated by the Board.In the absence of any such designation,members'meetings shall be
held at the principal office ofthe Association.
b.Annual Meeting.An annual meetin bers shall be held at the
Annual Dinner,unless the Board fixes another date or time .les members as provided
for herein.If the scheduled date falls on a legal holiday,the eting be held the next full
business day.At this meeting,Directors shall be elected and an'y other r business may be
transacted.Only voting members shall be entitled to on any action pe to be taken by
the members.
c.SpecialMeetings.A specia he members may e called for
any lawful purpose by a majority vote ofthe Board orentor by five percent (5%)or
more of the members.A special meeting called by any pe (other than the Board)entitled
to call a meeting shall be called by written request,specifyin eneral nature of the business
proposed to be transacted,and subtrt':to the Chairman/Pre .r the Secretary of the
Association.The officer receiving the shall cause notice t e given promptly to the
members entitled to vote,in accordance laws,stating th'iit a meeting will be held at
a special time and date fixed by the Boar ,.../0 ever,that the meeting date shall be
least thirty-five (35)but no more than ninety (St ipt of the request.If the notice
is not given within tw~.20)days after the ~quest is eived,the person requesting the
meeting may give th othing in this Sect!n shall be construed as limiting,fixing,or
affecting the time ali,..g ofmembers ma IE held when the meeting is called by the
Board.No business,b e business the ge ral nature of which was set forth in the
notice ofthe meeting,ma at a special meeting.
s.
General e Re uirements.Whenever members are required
.on at a me~ting,a written notice of the meeting shall be given to
the meeting.The notice shall specify the place,date,and hour of
meeting,the general nature ofthe business to be transacted,and
ted,or (ii)for the annual meeting,those matters that the Board,
ds to present for action by the members,but any proper matter
mg.The notice of any meeting at which Directors are to be elected
or written ballots distribu d for the election ofDirectors shall include the names of all persons
who are nominees when the notice or the ballot is given.
(3)Manner ofGiving No.tice.Notice of any meeting ofmembers shall
be in writing or electronic communication and shall be given at least five (5)days but no more
than sixty (60)days before the meeting date.The notice shall be given either personally or by
first-class,registered,or certified mail,or by other means of written or electronic
communication,charges prepaid,and shall be addressed to each member entitled to vote,at the
address given by the member to the Association for purposes of notice,provided,however,that
4
kthorner draft 11182009
notice shall not be delivered electronically unless the member has consented to electronic
delivery ofthe notice.
e.Ouorum.One-third (1/3)ofthe voting members,present in person or by
proxy,shall constitute a quorum for the transaction ofbusiness at any meeting ofmembers.The
members present at a duly called or held meeting at which a quo is presented may continue
to transact business until adjourned,even ifenough members ha 'f~wn to leave less than a
quorum,if any action taken (other than adjournment)is app at least a majority of the
members required to constitute a quorum..
f.Ad'ournment and Notice of Ad'ourned Meet Any members'
meeting,whether or not a quorum is present,may b urned from time to by the vote of
the majority of the members represented at the ting,either in person or xy.No
meeting may be adjourned for more than sio/))day.When a member..eeting is
adjourned to another time or place,notice need not'.e adjourned meetirig ifthe time
and place to which the meeting is adjourned are announ eeting at which adjournment
is taken.If after adjournment a new record date is fixe tice or voting,a notice of the
adjourned meeting shall be given t each member who,on ecord date for notice of the
meeting,is entitled to vote at the m At the adjourned .,the Association may
transact any business that might have be cted at the original ting.
o vote at any meeting of members
as o cord date determined pursuant to
ice or b ot as determined by the Board of
!X,~~to vote shall .entitled to cast one vote on each matter
mem:·;'s.Cumulative vo }shall not be permitted.If a quorum is
majority of the voting power represented at the meeting,
shall be the act of the members,unless the vote of a
,1Jy the California Unincorporated Associations
g.Voting.The only peep
shall be Industry Members who are in good start
a.on of Written Ballots.If the vote of the members is to be
conducted by written b ithout a meeting,the notice of the vote shall serve as the ballot.
The ballot shall set fort the proposed action,provide an opportunity to specify approval or
disapproval of any proposal,provide a reasonable time within which to return the ballot to the
Association,and with respect to ballots for election ofDirectors,state the name of each nominee.
taken a
number of
matter so vote
b.Revocation.A written ballot may not be revoked.
Section 4.08.Record.Date for.Notice,Voting,..Written.Ballots,..and ..Other
Actions.For purposes of determining which members are entitled to receive notice of any
meeting,to vote,or to give consent to corporate action without a meeting,the "record date"shall
5
kthornerdraft 11182009
be the date of the delivery or mailing of the applicable notice.Only members of record on the
record date are entitled to notice,to vote,or to give consents,as the case may be,
notwithstanding any transfer of any membership on the books of the Association after the record
day,except as otherwise provided in the Articles of Association,by agreement,or in the
California Unincorporated Associations Laws.
ts
t Floor.At any meeting of members to elect
e meeting in person or byproxy may place names in
hi Records.Subject to the California Unincorporated
the Association provides a reasonable alternative as provided
may do either or both of the following for a purpose reasonably
terest is a member:
Associations Laws
below,any Industry M
related to such member's .
Section 4.09.J?roxies.Each member entitled to vo "',have the right to do so
either in person or by one or more agents authorized by a writt ,signed by the person and
filed with the Secretary of the Association.A proxy shal signed if the member's
name is placed on the proxy (whether by manual signature,ty~writin ctronic transmission,
or otherwise)by the member or the member's attorne -in-fact.~A valid cuted proxy shall
continue in full force and effect until:(a)revoked 4,~member in writi livered to the
Association stating that the proxy is revoked,or (oked by a member by a sntproxy
executed by that member and presented to the",revoked by a mem"as to any
meeting,by that member's personal attendance and eeting;or (d)written notice of
death or incapacity of the maker of the proxy is rece ~'Association before the vote
under that proxy is counted,provided,however,that no pr all be valid after the expiration
of eleven (11)months from the date qf the proxy,unless othe rovided in the proxy,except
that the maximum term of a proxy sh'three (3)years from t ~~of execution.A proxy
may not be irrevocable.
nom
a.
shall appoint a nom
usually consist oft4
make suggestions'for
Committee shall report its
(1)Inspect and copy the records of members'(voting or otherwise)
names,addresses,and voting rights during usual business hours on five (5)days'prior written
demand on the Association,which demand must state the purpose for which the inspection rights
are requested;or
(2)Obtain from the Secretary of the Association,on written demand
and tender of a reasonable charge,a list of names,addresses,and voting rights of members who
6
kthorner draft 11182009
are entitled to vote for the election of Directors as of the most recent record date for which that
list has been compiled,or as of a date specified by the member,after the date of demand.The
demand shall state the purpose for which the list is requested.The Secretary shall make this list
available to the member on or before the latter often (10)days after (i)the demand is received or
(ii)the date specified in the demand as the date as ofwhich the list is to be compiled.
days after receiving a
method of reasonable and
ut providing access to or
. g and must state the
mand.
e information requested used for
erso interest as a mem",,'or if the
.II.a.,it may denythe member
r'·this section may be made in
ction includes the right to copy
dMinutes.On writt ....aemand presented to the
nd make extrikts ofthe accounting books
bers,the Board,and committees of
~lM to the member's interest as a
erson or by the member's agent or
andJns ection6f Articles and B laws.The Association
. . s principal office is not in California,at its principal
of its Articles of Association and Bylaws,as
to inspe ion by the members (voting or otherwise)at all
c.tena
shall keep at its principai'wim
business office in this state,t
amended hich shall be
office hours.
b.AccountinReco
Association,any Industry Member may inS~y
and records and the minutes of the proceedii~4~s
the Board at any reasonable time for a purpoS~I~,.
member.Any such ins .and copying may'
attorney.
If the Association believes t
a purpose other than one reasonably related;}lr';~'~(
Association provides a reasonable alternative under
access to the membership list.Any inspection and co
person or by the member's agent or attorney.The right 0
and make extracts.
a.I Cor orate Po ers.Subject to any limitations ofthe Articles of
Association and ofthese )Bylaws,the activities and affairs of the Association shall be managed,
and all corporate powers shall be exercised,by or under the direction ofthe Board.
The Association may,within ten (10)
demand under this Section,make a written offer of an alte.
timely achievement ofthe proper purpose specified in the de
a copy of the membership list.Any rejection of this offer m,be in
reasons that the proposed alternative does not meet the.roper purpose of
b.Specific Powers.Without prejudice to these general powers,but subject
to the same limitations,the Directors shall have the power to:
(1)Appoint and remove,at the pleasure of the Board,all officers,
agents and employees of the Association;prescribe powers and duties for them that are
7
kthomer draft 11182009
consistent with law,with the Articles of Association and with these Bylaws;and fix their
compensation and require from them security for faithful performance oftheir duties.
(2)Change the principal office or the principal business office in the
State of California from one location to another;and designate any place within or outside the
State ofCalifornia for the holding of any meeting,including annual meetings.·~;t~~
(3)Borrow money and incur indebtedness on behalf of the Association
and cause to be executed and delivered for the purposes offthe AssQ.ciation,in the corporate
name,promissory notes,bonds,debentures,deeds of trust,mQrtgages,ttL dges,hypothecations
and other evidences ofdebt and securities., "
.;~~'.~
a.Authorized,Number.The autIiorized number of Directors ~hall be four,
the determination ofwhich shall bemade by resolution ofthe oarG.Directors must be residents
of the State of California and further must be either an elected official,appointed official or
general manager ofan Industry Mem~er.
b.Election or Directo~s.Directors shall be elect~d at each annual meeting
of the members to hold office for a periodof two years;however,i(any annual meeting is not
held or the Directors are not elected at any '[t'RUual me,'they may be elected at any special
member's meeting held for that purpose.Eac4,~lrector,",'ing a Director elected to fill a
vacancy or elected at a speGial member's meetin-g.~,shall hoi;;office until expiration of the term
for which elected and u til a SUCGessor has been el~~ted and qualified.At the November meeting,
the President shall appoint a nomihating committee ~f three persons.The nominating committee
should usually consist of the pre ent Chairperson and the two previous Chairpersons.The
nominating Committee shall report its xecornmendations to the membership at the January
meeting.Election will be held t the February .eeting.The Directors shall take office at the
March meeting.
Section 5.o~.Termor ()tflce,,;,of Directors.The Directors newly appointed or
selected in accordance wit section 5.oi:;~;I§hall hold office for a term of.o.u.e (1§years.
S . 5 04 V .l~~\--cl;tIon . .aC·anCles.?7 ~tJ-
.a.Events}1iausi~g V~cancy.A vacancy or vaya~cies on t~e B?ard shall
eXIst on the occurrence ofthe f9'llowmg:(1)the death,removal,suspenSIOn or resIgnatIOn of any
Director;or (ii)the declaration'by resolution ofthe Board of a vacancy in the office of a Director
who has been declared of~sound mind by an order ofcourt or convicted of\a felony or has been
found by final order or/Judgment of any court to have breached a duty under California
Unincorporated Associations Laws;or if a director of COWU is no longer a director or general
manager of the industry member.No reduction of the authorized number ofDirectors shall have
the effect ofremoving any Director before the Director's term ofoffice expires.
b.Filling Vacancies.Any vacancy on the Board shall be filled by vote a
quorum consisting of 1/3 of the industry members at the next monthly meeting following the
vacancy.
8
kthornerdraft 11182009
Section 5.05.Place ofMeetings;.Meetin&sbyTelephone.Meetings of the Board
"'".--'.."-,-,..","'-,,'-..'-,-.-,.-,',-'....-'',-- -'-...,'..
shall be held at the principal office of the Association or at such other place as has been
designated by the Board.In the absence of any such designation,meetings shall be held at the
principal office of the Association.Any meeting may be held by conference telephone or similar
communication equipment,so long as all Directors participating in the meeting can hear one
another,and all such Directors shall be deemed to be present in per at such meeting.
meeting immediately
gularly scheduled
.on,election of
another
a.Annual Meeting.The Board shall ho _,an a',,-following the annual meeting of the membership,or in conjuncfion with
meeting for the month of each year e purpose of orga
officers and the transaction ofother business;proy'ever,that the Boar
time for the holding ofits annual meeting.Noti is mee 'ng shall not be requi
b.Special Meetings.Special meet oard for any purpose may be
called at any time by the Chairman of the Board,if any,t ident or any Vice President,or
the Secretary or any two Directors....Notice of the time and of special meetings shall be
given to each Director by personal deLi:,electronic transmis rst-class mail,postage
prepaid or by telephone,either directly irector or to a person e Director's office who
would reasonably be expected to comtrl t notice prompt y to the Director,or by
electronic means.All such notices shall be 0 the Director's address as shown on
the records of the Association.Notices sent 'shall be deposited in the United
States mails at least fo~~~~ays before the time(:§,~t for the eting.Notices given by personal
delivery,telephone,o,tEr 'transmission sh~l!,be delivered,telephoned,or electronically
sent at least forty-e~8)h6 efore the time set\~~?Jt'the meeting.The notice shall state the
time of the meeti'ng,the ce if the place isl"'other than the principal office of the
Association.It need not sp ose ofthe meeting.
Directors
representative
of the Board sha
the extent provided
except that no committe
mmittees 0 the Board.The Board,by a majority vote of the
create one or more committees,each consisting of two or more
erve at the pleasure of the Board.Appointments to committees
y vote of the Directors then in office.Any such committee,to
ution of the Board,shall have all of the authority of the Board,
ardless ofBoard resolution,may:
a.Fill vacancies on the Board or in any committee which has the authority of
the Board;
c.Amend or repeal Bylaws or adopt new Bylaws;
d.Amend or repeal any resolution ofthe Board which by its express terms is
not so amendable or repealable;
9
kthornerdraft 11182009
e.
committees;and
Appoint any other committees of the Board or the members of these
f.Approve any contract or transaction to which the Association is a party
and in which one or more ofits Directors has a material financial interest.
~Meetings and action of
rdance with the provisions
e Board,except that the
tings thereof may be
,by resolution of
mittee of the
s for the
or in the
ARTICLE VII
OFFICERS
Section 6.02.Medin s nd Actions of the..Com .
committees ofthe Board shall be governed by,held and take
of Article V ofthese Bylaws,concerning meetings and othe
time for regular meetings ofsuch committees and the calling ,\specia
determined either by resolution of the Board or,if there is no B~ard resot+2thecommitteeoftheBoard.Minutes shall be keB~,~p$;~~ch meeting of an
Board and shall be filed with the corporate re·:tds.The Board may ado
governance of any committee not inconsistent;,;,the pr@.~isions of these Byl
absence ofrules adopted by the Board,the committe"uch rules.
Section 7.01.Offi "fl officers of the1Association shall include a
President,a Vice President,a Secretary,anill,;;J.T No one person shall hold more than
one office.Presidents are alternated between SlhV 'unty and between Board/Council
Members and Managers March I to Februas:
10
kthorner draft 11182009
mng in any office because of
'e'>manner prescribed in these
a.Chairman of thelR:te.sident.If a Chairman of the Board is
elected,he or she shall preside at meetings:i:~f th~.;,nd shall exercise and perform such
---,;.,~"'··--·f
other powers and duties as the Board may assign Wfom h 'ime.If there is no President the
Chairman of the Board~~~,l~;also be the Chief E%~~utive Of cer and shall have the powers and
duties of the Preside ·£<OP:ssociation pres2~ped by these Bylaws.The Chairman is
responsible for th~ly pr at the breakfa~'1;;P1eetings.Programs generally consist of
speakers,well informe t issues of intereStto the water industry and may include
reports on pending legisla .iatives and relevant court decisions.The Chairman
may call a meeting ofthe Exe en they deem it so necessary.
Section 7.04.Vacancies in Office.A
death,resignation,removal or other cause,shall be 1
Bylaws for regular appointments to that office.
Section 7.03.Removal and.Resi nation.ofOffic .....ti·,t to the rights,if any,of
an officer under any contract of employment,any officer rtray be ved,with or without
cause,by the Board ofDirectors.Any officer may resign upon v'Vritten n 0 the Association
without prejudice to the rights,if any,of the Associ 'f.,ynder any contract bich the officer
is a party.·~
Officers of the Board should reflect the membership and for the "Board/Council"may be
selected from any public agency Board representatives that are elected or appointed;mayor or
council members from cities that provide water,recycled water or wastewater service.
"Management"Officers should also reflect the membership and may be selected from General
Managers,Water Utility Managers,or executive staffas appropriat
es'dents ice Chair.In the absence or disability of the President,
the Vice Pr all of the duties ofthe President,and,when so acting,shall have
all the powers d be subj t,;to all of the restrictions upon the President.The Vice President
shall have such power!;and perform such other duties as from time to time may be
prescribed for them ~oard or the Bylaws.The Vice President/Vice Chair shall be
responsible for ensurin customer service seminars are conducted each year in a cost
effective and efficient mer,maximizing membership attendance and benefit.Expenses for
professional presenters and speakers may be paid from the treasury to reduce seminar expenses
to the membership.
d.Secretary.
(1)Book.ofMinutes.The Secretary shall keep or cause to be kept,at
the principal office or such other place as the Board may direct,a book of minutes of all
11
kthomerdraft 11182009
meetings and actions of the Board and of committees of the Board.The Secretary shall also
keep,or cause to be kept,at the principaL office in the State ofCalifornia,a copy of the Articles
of Association and Bylaws,as amended to date.The Secretary shall also maintain a complete
and accurate record of the membership of the Association,as well as a record of the proceedings
ofall meetings ofthe membership.
f the Association shall keep or
t books and accounts of the
cause to be sent to the Directors
se Bylaws to be given.The
ble times.
etary shall give,or cause
e Board required by these
,tion in safe custody and
fly be 'bed by the Board or
''%
e.Treasurer.
(1)BOQks of Account.Tli
maintain,or cause to be kept or maintained,adequat
properties and transactions ofthe Association,and shall se
such financial statements and reports.,,as are required by law
books of account shall be open to inspe"9f >by any Director at all
(2)De os!t and of Mon~'and Valuables.The
Treasurer shall deposit all money and oth&\;\va the name and to the credit of the
Association with such depositories as may bea:~Board,shall disburse the funds
of the Association as m ordered by the Boa ."j shall ren er to the President or Chairman of
the Board,ifany,wh,an account ofalri\~~ansactionsas Treasurer and ofthe financial
condition of the A all have other po'';and perform such other duties as may
be prescribed by the B()laws.
(2)Notices,Seal and Other Duties.T
to be given,notice ofall meetingsof the Board and ofcommit
Bylaws to be given.The Secretary shall keep the seal of
shall have such other powers and perform such other duties as
the Bylaws.
(3)by the Board,the Treasurer shall give the
in the amou with e surety or sureties specified by the Board for
the duties 0 Ice and for restoration to the Association of all its
oney and ot,p roperty of every kind in the possession or under the
death,resignation,retirement or removal from office.
ARTICLE VIII
NIFICATION AND INSURANCE
Section 8.01.
a.Righ.tofIndemnity.To the full extent permitted by law,this
Association shall indemnify its Directors,officers,employees and other persons acting on behalf
ofthe Association,including persons formerly occupying any such position,against all expenses,
judgments,fines,settlements and other amounts actually and reasonably incurred in connection
with any "proceeding,"as that term is used in such Section and including an action by or in the
right ofthe Association,by reason of the fact that such person is or was a person described by
such Section."Expenses,"as used in this Bylaw,shall have the same meaning as in Section
7237(a)ofthe California Nonprofit Mutual Benefit Corporations Code.
12
kthomer draft 11182009
ARTICLE X
STRUCTION AND DEFINITIONS
11 extent pennitted by law
" ,expenses incurred by a
ceeding covered by
isposition of the
ch person that
,ed to be
right to purchase and maintain
lcers,Directors,employees and
,st or incurred by an officer,
, ,Director's,employee's
~I NRIGHTS
tenanceof Cor te Records.The Association shall keep
rds of account,rnl~~tes in written fonn ofthe proceedings of
ard,and if applidl.'6le,a record of its members,giving their
mbership held,
Direc s.Every Director shall have the absolute right
ks,records and documents of every kind and the
ssociation.s inspection by a Director may be made in person or
the right o/inspection includes the right to copy and make extracts
AIttJi!C
RECORDS,ANDDIRECto
Section 8.02.Insurance.The Association shal',
insurance to the full extent pennitted by law on behalf oft
other agents of the Association,aga'st any liability asserte
Director,employee or agent in such ca:or arising out of the
or agent's status as such.
c.Ad"ancement ,of Expenses.T .
and except as is otherwise detennined by the Board in a spe
person seeking indemnification under these Bylaws in defe 'jng a
these Bylaws shall be advanced by the Association prior to the fi
proceeding upon receipt by the Association ofan un,jng by or on behal
the advance will be repaid unless it is ultimately:"nnined that such person
indemnified by the Association therefore.
b.Approval of IneJemnity.Upon written request to the Board by
any person seeking indemnification,the Board shall promptly detennine whether the applicable
standard of conduct set forth in the California Unincorporated Associations Laws and other
applicable laws has been met and,if so,the Board shall detennine whether indemnification shall
be made.
Unless the cont t otherwise requires,the general provisions,rules ofconstruction and
definitions in the California Unincorporated Associations Laws shall govern the construction of
these Bylaws.Without limiting the generality of the above,the masculine gender includes the
feminine and neuter,the singular includes the plural and the plural includes the singular and the
tenn "person"includes both a legal entity and a natural person.
ARTICLE XI
AMENDMENTS
13
kthomerdraft 11182009
Section 11.01.AdoQtiongf Awe!!dwent!?yMem~efs.New Bylaws may be
adopted or these Bylaws maybe amended or repealed by approval of a majority of all members
present at a meeting ofthe membership and entitled to vote.
,ds permit,offer one or more
e"goal of the Council to offer at
is to be offered,it shall be put
roved by a simple majority.
.vote of the Executive
Section 12.01.Scholarships.The Councl
college scholarships each year to deserving students.It
least one $1,000 scholarship per year.Ifmore than one scha
to a vote ofthe membership present ~!any monthly meeting a
The selected of the recipient each ye all be selected by a
Committee.
Section 11.02.AmendmentbrBqardofpirectors.Subject to the right ofmembers
under Section 11.01 hereinabove,Bylaws other than a Bylaw fixi r changing the authorized
number of Directors,or the minimum and maximum number of 8,or a Bylaw materially
and adversely affecting the rights ofmembers as to voting or ay be adopted,amended,
or repealed by a majority vote of the Board ofDirectors.
14
ktllOrner draft 11182009
CERTIFICATE OF SECRETARY
,California.,..----
~,Secretary
Executed on ,2010,at------------~,..------'
I,the undersigned,certify that I am the presently elected and acting Secretary of SoCal
VOCAL,a California Nonprofit Unincorporated Association,an e above Bylaws,are the
Bylaws of this Association as adopted at a meeting of th of Directors held on
,20010.----------
15
kthomer draft 11182009
ARTICLES OF ASSOCIATION
OF
COUNCILOF WATER UTILITIES
I
ganized under the
.s association is
association
II
The name ofthis unincorporated association is Council of
A.This unincorporated association is a nonprofit"''associatl
Unincorporated Associations Laws ofthe State of CCj.rnia.The purpose'
to engage in any lawful act or activity,other than cr u 'on business,for whr
may be organized under such law.
e State ofCalifornia of this association is:
IV
III
'n the State of California of this association's initial agent for
The principal place 0
The nam
service ofprocess is:
B.The specific purposes of this associatio t~ct,advocate and promote the
common business interests ofits members and to protect"prove the business conditions of
Southern California's retail water suppliers and the custom .ey serve.This association is
organized exclusively for such purpo'within the meaning of . n 501(c)(6)ofthe Internal
Revenue Code of 1986,as amended fr to time.Notwithsta .,j;.Xig any other provision of
the Bylaws,this association shall not,ex'insubstantial degt~e,carryon or engage in
any activities or exercise any powers th'''>.furtherance of the purposes of this
association,and the association shall not carr ,<.~!i:~dties not permitted to be carried
on by an organization from Federal tax und~,,.'Section 501(c)(6)of the Internal
'J;!(Revenue Code of 1986 ded).
IV
This association shall be governed by a Board of Directors consisting offour directors.
The following persons are hereby elected and named as the initial directors ofthe association:
President/Chair:--------Vice President/Vice Chair:--------
KTHORNER ARTICLES OF ASSOCIATIONCOWU
Secretary:-------Treasurer:------
V
tion shall
Kimberly A.Thorner,Organizer
gned,who is the organizer of this association,
January_,2010.
ssociation, after paying
assets of the assoc{a shall be distributed pro
to COWU 16 each of the then-current
y 6~'~~~f above statem~~fS;;;~~purposes and powers,this association
stant~~l degree,engage in~any activities or exercise any powers that
"oses ofthis association.
Notwithstan
shall not,except to'-
are not in furtherance oft
In the event ofdissolution oftIt
all debts and liabilities of the associatl
rata in direct proportion to the money
members ofthe association.
VI
VII
The duration ofthis association shall be
be January 1 through December 31 of each year:;>
This association shall have one or more classes of members,consisting of persons
dedicated to the purposes of this association,who meet other qual'cations for membership,as
the Board of Directors may determine shall be eligible for f&pip on approval of the
membership application by the Board ofDirectors and on tim ent of such dues and fees
as the Board may fix from time to time.The death,removal,tion ofany member ofthe
association shall not result in the dissolution ofthe associatio
KTHORNER ARTICLES OFASSOCIATIONCOWU
SB 481924 v4:011069.0001
BYLAWS
A California NQnprofit Unincorporate
~.
!
I
SB481924 v4:011069.0001
TABLE OF CONTENTS
BYLAWS
OF
COUNCIL OF WATER UTILITIES
A California Nonprofit Unincorporated Association
I
ARTICLE I
NAME
saction of the activities
,..--'"-County,
ay change tht"principal office from one
the Principal Office shall transfer to
':'with each term of office.
G~E III'ifLIMITATIONS
ffices.The BBard may at any time establish branch or
or places where tB:~;gA.ssociation is qualified to conduct its
y Association is organized under the California
Laws.TMtpurpose of this Association is to engage in any lawful
or which a "ncorporated association may be organized under such law.The
principal purp or which t Association is formed is to provide a forum for water agencies
to be informed art share i rmation of importance to the water,recycled water,wastewater
and related agencie ;d"onally,the Association is intended to provide annual training
seminars for water agen ployees in areas of interest such as customer service or first line
supervisors.Further,the ssociation shall hold at least one annual dinner for its members.This
Association is organized exclusively for such purposes within the meaning of Section 501(c)(6)
ofthe Internal Revenue Code of 1986,as amended from time to time.Notwithstanding any other
provision of these Bylaws,this Association shall not,except to an insubstantial degree,carryon
or engage in any activities or exercise any powers that are not in furtherance of the purposes of
this Association,and the Association shall not carryon any other activities not permitted to be
carried on by an organization exempt from Federal income tax under Section 501(c)(6)of the
Internal Revenue Code of 1986 (as amended).
Section
subordinate office
activities.
Section 2.01.Principal Offi
and affairs ofthe Association is locate
California.The Board of Directors (the
location to another.It is the intent of the A~?c
the address ofthe agency ofwhomever is the J¥~"
The name ofthis unincorporated association i
"Association").
1
kthornerdraft 11182009
Section 3.02.Limitations.
a.Property.The property,assets,profits and net income are dedicated to
the purposes set forth in Section 3.01 above.
ion of this Association,
bligations and liabilities of
distributed pro rata in
ent members of the
b..Dissolution.Upon the winding up and
after paying or adequately providing for the payment of the
the Association,the remaining assets of this Associatio
proportion to the money contributed by each member to
Association.
Section 4.01.
a.Classes .ando,~~lifications.This Ass 'on shall have two classes of
members,consisting of persons dedi2~..to the purposes of thl iation,who meet other
qualifications for membership,as the B determine shall be ible for membership on
approval of the membership application b and on timely payment of such dues and
fees as the Board may fix from time to tirrf ding the foregoing,the Association
may refer to persons of certain nonvoting class@~taJ'S or entities associated with it as
"members,"even though e persons or entiti;~renot votihg members as set forth in Section
4.01.b.of these Byl such reference sB.f):ll constitute anyone a member within the
meaning of the Cali orated Associati6~~}:;Laws unless that person or entity shall
have qualified for a v ,ership under Secti6n 4.01.b.of these Bylaws.Unless the
context requires otherwise;.these Bylaws to "members"shall mean such voting
members only.By resolution o:~:,ssociation may grant some or all the rights ofa
member s,as set forth e Byl~~s,to any person or entity that does not have the
right t uch person shall be a "member"within the meaning of the
Calif@ ssociations s.
(1 ):t ustr Members.Public or Private water,wastewater,and
cies,inc1~~Jng cities in San Diego County or adjacent water agencies which
eceive ;~bnefit from such membership shall be eligible for Industry
..;~'ing other qualifications for membership as determined by the
recycled wate
would provide a
Membership,subjec
Board.
(2)Associate Members.Persons or entities interested in the purposes
of this Association but who are not public water,wastewater,or recycled water suppliers shall be
eligible for Associate Membership,subject to satisfying other qualifications for membership as
determined bythe Board.
b.Voting Members.Only Industry Members shall be entitled to vote,as set
forth in these Bylaws.
2
kthorner draft 11182009
,
i
-~It:
for
ise)shall
g members who have paid
ylaws and who are not
dues,fees,or assessments as set by the
e due and payable;
~'?~YXPu!lijion or suspension fif the member pursuant to Section 4.04.b.
membership,or taillul7~~$to
(3)Failure of the rtr~.
Board within the period of time set by the BO[11
Section 4.04.Termination and Sus
(1)Resignation ofthe member,0
(2)Expiratiolh f the period of memb
renewed on the renewal terms fixed by rd;
ofthese Bylaws;or
a.Causes ofTeqnination~.
terminate on occurrence ofany of the following eve
suspended
Board to made
to observe the ru
seriously prejudicia
membership is suspende
Section 4.03.GQodStandine.Those voting and
the required dues,fees,and assessments in accordance \\-t1:
suspended shall be members in good standing.
Section 4.02.Dues,Ee~sand.Assesslllepts.Each voting and nonvoting member
must pay,within the time andon the conditions set by the Board,the dues,fees,and assessments
in amounts to be fixed from time to time by the Board.The Board may,in its discretion,set
different dues,fees,and assessments for each class and within each class.For purposes of
incorporation,the initial dues are set in an annual amount of $50 per industry member and $100
per associate member,payable on June 30th of each year.
Section 4.05.Prohibition On Transfer of Memberships.A membership or any right
arising from membership (voting or otherwise)may not be transferred to any other person or
entity without the prior approval of the Board.The Board may by resolution impose transfer
fees or other conditions on the transferring party as it deems fit,provided those fees and
conditions are the same for similarly situated members.
3
kthorner draft 11182009
Section 4.06.Meetings gf Members.
a..Place J>-f Meeting.Meetings of the members shall be held generally at a
breakfast meeting on the 3'"Tuesday of the month from 7:15 AM to 8:45 AM in any place
designated by the Board.In the absence of any such designation,members'meetings shall be
held at the principal office ofthe Association.
'ifc.Special Meetings.A specia he members mayoe called for
any lawful purpose by a majority vote ofthe Board or Bentor by five percent (5%)or
more ofthe members.A special meeting called by any pe s)(other than the Board)entitled
to call a meeting shall be called by w.ritten request,specifyin eneral nature of the business
proposed to be transacted,and subrrt'to the Chairman/Pre r the Secretary of the
Association.The officer receiving the shall cause notice given promptly to the
members entitled to vote,in accordance.~laws,stating th5:t a meeting will be held at
a special time and date fixed by the Boarcl;t'iRro ever,that the meeting date shall be
least thirty-five (35)but no more than ninety (9J),eipt of the request.If the notice
is not given within twe 20)days after the,..uest is eived,the person requesting the
meeting may give th othing in this se2ttgn shall be construed as limiting,fixing,or
affecting the time a,~ik a me g ofmembers m held when the meeting is called by the
Board.No business,6 tha e business the gerleral nature of which was set forth in the
notice ofthe meeting,t a special meeting.
b.Annual Meeting.An annual meetin bers shall be held at the
Annual Dinner,unless the Board fixes another date or time .es members as provided
for herein.If the scheduled date falls on a legal holiday,the be held the next full
business day.At this meeting,Directors shall be elected and atiy other r business may be
transacted.Only voting members shall be entitled~,~on any action perm to be taken by
fuem~crs.~
s.
General ' e.•Requirements.Whenever members are required
'on at a meaing,a written notice of the meeting shall be given to
the meeting.The notice shall specify the place,date,and hour of
meeting,the general nature of the business to be transacted,and
ted,or (ii)for the annual meeting,those matters that the Board,
nds to present for action by the members,but any proper matter
mg.The notice of any meeting at which Directors are to be elected
or written ballots distribu'd for the election ofDirectors shall include the names of all persons
who are nominees when the notice or the ballot is given.
(3)Manner of Giving Notice.Notice ofany meeting ofmembers shall
be in writing or electronic communication and shall be given at least five (5)days but no more
than sixty (60)days before the meeting date.The notice shall be given either personally or by
first-class,registered,or certified mail,or by other means of written or electronic
communication,charges prepaid,and shall be addressed to each member entitled to vote,at the
address given by the member to the Association for purposes of notice,provided,however,that
4
ktllOmer draft 11182009
notice shall not be delivered electronically unless the member has consented to electronic
delivery ofthe notice.
e.Quorum.One-third (1/3)ofthe voting members,present in person or by
proxy,shall constitute aquorum for the transaction ofbusiness at any meeting ofmembers.The
members present at a duly called or held meeting at which a quo is presented may continue
to transact business until adjourned,even ifenough members hay;fawn to leave less than a
quorum,if any action taken (other than adjournment)is app at least a majority of the
members required to constitute a quorum.
f.Ad'ournmentand Notice of Ad'ourned Mee Any members'
meeting,whether or not a quorum is present,may bie,(lg'~prned from time to by the vote of
--·o,~
the majority of the members represented at the'ting:'either in person or xy.No
meeting may be adjourned for more than si~.))day.When a member eeting is
adjourned to another time or place,notice need not e adjourned meeti g if the time
and place to which the meeting is adjourned are anno eeting at which adjournment
is taken.If after adjournment a new record date is fixed tice or voting,a notice of the
adjourned meeting shall be given tq each member who,on .ecord date for notice of the
meeting,is entitled to vote at the me~,'At the adjourned "c '.,the Association may
transact any business that might have be cted at the original ting.
tion b ,Wri Ballot Without a Meetin .Any action that may be
bers may b~taken without a meeting by written ballot in which the
exceeds that number required for a quorum,with approval of a
rmative majority ofthe votes cast.
taken a
number 0 v
matter so vote
a.on of Written Ballots.If the vote of the members is to be
conducted by written bd ithout a meeting,the notice of the vote shall serve as the ballot.
The ballot shall set fort the proposed action,provide an opportunity to specify approval or
disapproval of any proposal,provide a reasonable time within which to return the ballot to the
Association,and with respect to ballots for election ofDirectors,state the name of each nominee.
g.Voting.The only pef,0 vote at any meeting of members
shall be Industry Members who are in good staB'.s 0 ord date determined pursuant to
Section 4.08 of these BylfliW§t Voting may be b ice or b~ot as determined by the Board of
Directors.Each me;;~f'(;~rt~~t~~?to vote shall ....entitled to cast one vote on each matter
submitted to a vot memQ~~s.Cumulative vott~g"shall not be permitted.If a quorum is
present,the affirmativ~·.e of~majority of the v6'ting power represented at the meeting,
entitled to vote and voting shall be the act of the members, unless the vote of a
greater number,or voting by the California Unincorporated Associations
Laws or laws.
b.Revocation.A written ballot may not be revoked.
Section 4.08.~ecord 'Date",fgr"Notice,Voting,,Written Ballots",and "Other
Actions.For purposes of determining which members are entitled to receive notice of any
meeting,to vote,or to give consent to corporate action without a meeting,the "record date"shall
5
kthomer draft 11182009
be the date of the delivery or mailing of the applicable notice.Only members of record on the
record date are entitled to notice,to vote,or to give consents,as the case may be,
notwithstanding any transfer ofany membership on the books of the Association after the record
day,except as otherwise provided in the Articles of Association,by agreement,or in the
California Unincorporated Associations Laws.
m tli loor.At any meeting of members to elect
,e meeting in person or by proxy may place names in
a.No·uations bMemb¢~~~At they ovember meeting,the President
mittee of three~~rsons.The nominating committee should
erson and the tWd'0~!;€vious Chairpersons.Any member may
directors to the.ihominating committee.The nominating
.ons to the membership at the January meeting.
hi Records.Subject to the California Unincorporated
Associations Laws a the Association provides a reasonable alternative as provided
below, any Industry Me may do either or both of the following for a purpose reasonably
related to such member's 'terest is a member:
Section 4.09.Proxies.Each member entitled to vo ~"have the right to do so
either in person or by one or more agents authorized by a writt ,signed by the person and
filed with the Secretary of the Association.A proxy shal signed if the member's
name is placed on the proxy (whether by manual signature,t ,writin ctronic transmission,
or otherwise)by the member or the member's attorne -in-fact.'A valid cuted proxy shall
continue in full force and effect until:(a)revoked.h~member in writ!livered to the
Association stating that the proxy is revoked,or (ok~d by a member by a su t proxy
executed by that member and presented to the.y revoked by a mem,11 'as to any
meeting,by that member's personal attendance and e",eeting;or (d)wriften notice of
death or incapacity of the maker of the proxy is recei''Association before the vote
under that proxy is counted,provided,however,that no pr all be valid after the expiration
of eleven (11)months from the date q~the proxy,unless othe rovided in the proxy,except
that the maximum term of a proxy shal~rr three (3)years from t of execution.A proxy
may not be irrevocable... "
noml
(1)Inspect and copy the records of members'(voting or otherwise)
names,addresses,and voting rights during usual business hours on five (5)days'prior written
demand on the Association,which demand must state the purpose for which the inspection rights
are requested;or
(2)Obtain from the Seq~tary of the Association,on written demand
and tender of a reasonable charge,a list of names,addresses,and voting rights of members who
6
kthornerdraft 11182009
are entitled to vote for the election of Directors as of the most recent record date for which that
list has been compiled,or as of a date specified by the member,after the date of demand.The
demand shall state the purpose for which the list is requested.The Secretary shall make this list
available to the member on or before the latter often (10)days after (i)the demand is received or
(ii)the date specified in the demand as the date as ofwhich the list is to be compiled.
days after receiving a
ethod of reasonable and
ut providing access to or
. g and must state the
mand.
e information requested used for
ersorr'c interest as a mem or if the
.II.a.,it may denythe member
r,·this section may be made in
tion includes the right to copy
If the Association believes
a purpose other than one reasonably related,;"
Association provides a reasonable alternative Ullder
access to the membership list.Any inspection and cop
person or by the member's agent or attorney.The right 0
and make extracts.
The Association may,within ten (10)
demand under this Section,make a written offer of an a1te
timely achievement ofthe proper purpose specified in the de,,;,
a copy ofthe membership list.Any rejection ofthis offer mU§\,be in
reasons that the proposed alternative does not meet the roper purpose of
b.ACCQuutin .Reco .Minutes.On writf demand presented to the
Association,any Industry Member may in~'P~ct;~~~h and make extracts ofthe accounting books
and records and the minutes of the proceedii1 bers,the Board,and committees of
the Board at any reasonable time for a purpos onafJ~fed to the member's interest as a
member.Any such and copying may ...~made in·ferson or by the member's agent or
attorney.,);,
':1~\'),,<'rJ
and Ins ection.of Articles and B laws.The Association
. s principal office is not in California,at its principal
.~~of its Articles of Association and Bylaws,as
ion by the members (voting or otherwise)at all
a.Cor orate Powrs.Subject to any limitations of the Articles of
Association and of these .lB"'y1aws,the activities and affairs ofthe Association shall be managed,
and all corporate powers shall be exercised,by or under the direction ofthe Board.
b.SuecificPQwers.Without prejudice to these general powers,but subject
to the same limitations,the Directors shall have the power to:
(1)Appoint and remove,at the pleasure of the Board,all officers,
agents and employees of the Association;prescribe powers and duties for them that are
7
kthomer draft 11182009
consistent with law,with the Articles of Association and with these Bylaws;and fix their
compensation and require from them security for faithful performance oftheir duties.
(2)Change the principal office or the principal business office in the
State of California from one location to another;and designate any place within or outside the
State ofCalifornia for the holding of any meeting,including annual"etings.
behalf of the Association
iation,in the corporate
ges,hypothecations
ber of Directors ghall be four,
rfi.Directors must be residents
official,appointed official or
a.Authorized Number.au
the determination ofwhich shall be made by resolution
of the State of California and further must be either an
general manager of an Industry Mem er.
Section 5.02.Number and Election ot
(3)Borrow money and incur indebte
and cause to be executed and delivered for the purposes Q
name,promissory notes,bonds,debentures,deeds of trust,
and other evidences ofdebt and securities.
b.Election ofDirec irectors shall be ele .....at each annual meeting
of the members to hold office for a perio"Q s;however,ifany annual meeting is not
held or the Directors are not elected at any~u ~~l~9~~:.y may be elected at any special
member's meeting held for that purpose.Eac~,ector,;iij~1Ytding a Director elected to fill a
vacancy or elected at a ',~1 member's meeti hall ho1d?office until expiration of the term
for which elected and.'~~~~ssor has been el~d and qualified.At the November meeting,
the President shall ,i:lP't a nOlI},~~ating committee (j ee persons.The nominating committee
should usually consist.e pre~ent Chairperson a d the two previous Chairpersons.The
nominating Committee sh .ecommendations to the membership at the January
meeting.Election will be he ...eeting.The Directors shall take office at the
Marchm
or
sele<;t
ausin VaCl:lllc.A vacancy or vacancies on the Board shall
exist on the occu llowing:(i)the death,removal,suspension or resignation ofany
Director;or (ii)the de by resolution of the Board of a vacancy in the office ofa Director
who has been declared o sound mind by an order ofcourt or convicted ofa felony or has been
found by final order 0 Judgment of any court to have breached a duty under California
Unincorporated Associations Laws;or if a director of COWU is no longer a director or general
manager ofthe industry member.No reduction of the authorized number of Directors shall have
the effect ofremoving any Director before the Director's term ofoffice expires.
b.FUlingYacan£ies.Any vacancy on the Board shall be filled by vote a
quorum consisting of 1/3 of the industry members at the next monthly meeting following the
vacancy.
8
kthorner draft 11182009
Section 5.05.Place of Meetings;Meetings byJelepbone.Meetings of the Board
shall be held at the principal office of,the Association or at such other place as has been
designated by the Board.In the absence of any such designation,meetings shall be held at the
principal office ofthe Association.Any meeting may be held by conference telephone or similar
communication equipment,so long as all Directors participating in the meeting can hear one
another,and all such Directors shall be deemed to be present in per at such meeting.
a.An.llualMeeting.The Board shall hO,an a meeting immediately
following the annual meeting of the membership,or in conjunctIon with gularly scheduled
meeting for the month'of each year e purpose of orga .on,election of
officers and the transaction of other business;pro\i'i , h ever,that the Boar;'~,;,,~~another
time for the holding of its annual meeting.Noti is me ing shall not be requir~~,:i"
]/
b.Special Meetings.Special meet!Board for any purpose may be
called at any time by the Chairman of the Board,if any,t ident or any Vice President,or
the Secretary or any two Directors.,Notice of the time and'of special meetings shall be
given to each Director by personal de y,electronic transmis rst-class mail,postage
prepaid or by telephone,either directly 'rector or to a person."e Director's office who
would reasonably be expected to comni t notice promptly to the Director,or by
electronic means.All such notices shall be ive 0 the Director's address as shown on
the records ofthe Association.Notices sent B~"t1tst-cla '!~t'Shall be deposited in the United
States mails at least four days before the time ~et for the eeting.Notices given by personal
delivery,telephone,Q0t'i;transmission shgl!li',be delivered,telephoned,or electronically
sent at least fortY-~~~~.~~8)hd efore the time set'!~9',the meeting.The notice shall state the
time of the meeti'fJ.g,'a?the 'ce if the place is/other than the principal office of the
Association.It need not sp ofthe meeting.
mmittees ofthe Board.The Board,by a majority vote of the
Directors t[~~.3n office,ill create one or more committees,each consisting of two or more
representative embers,~~~serve at the pleasure of the Board.Appointments to committees
of the Board sha by majqpty vote of the Directors then in office.Any such committee,to
the extent provided e "lution of the Board,shall have all of the authority of the Board,
except that no committe ardless ofBoard resolution,may:
a.Fill vacancies on the Board or in any committee which has the authority of
the Board;
/.Amend or repeal Bylaws or adopt new Bylaws;j,C.rr Amend or repeal any resolution ofthe Board which by its express terms is
not so amendab}.e or repealable;
9
kthomerdraft 11182009
Appoint any other committees of the Board or the members of these
committees;and
e A:Approve any contract or transaction to which the Association is a party
and in which one or more ofits Directors has a material financial interest.
Section 6.02.Meetings and Actions of the Commiftees.,Meetings and action of
committees of the Board shall be governed by,held and takenJh ~eGordancewith the provisions
ofArticle V of these Bylaws,concerning meetings and other'action ofthe Board, except that the
time for regular meetings of such committees and the calling 0 special meetings thereofmay be
determined either by resolution of the Board or,if there is no Board resolution,by resolution of
the committee of the Board.Minutes shall be kept of:·.~ach meeting of any cbmmittee of the
Board and shall be filed with the corporate rec9rds.'The Board may adopt rules for the
governance of any committee not inconsistent-'with the pr~;yisions of these Bylaws or in the
absence ofrules adopted by the Board,the committee may adQpt'twSuch rules.
J.:.1
ARTICLE VII
OFFICERS
Section 7.01.Officers.The officers of the Association shall include a
President,a Vice President,a Secretary,and 'a Treas9rer.No one person shall hold more than
one office.Presidents are alternated between South and orth County and between Board/Council
IMembersandManagersfromMarch1toFebruary'28,as follqws:
kthomer draft 11182009
Nof/ihfManagement
South/Man~gement
North/Board/Council
SOHfrifBoard/Council
2009-10
2010-11
2011-12-;
10
c9~Mrring in any officb because of.~:/'hc'manner prescribed in these
a.Chairman of thel~t,es.ident.If a Chairman of the Board is
elected,he or she shall preside at meetings'!}~t th':nd shall exercise and perform such
other powers and duties as the Board may ass!"om 1 tme.If there is no President the
Chairman of the Board Iso be the Chief E)¢~cutive 0 cer and shall have the powers and
duties of the Preside'Association presc""ed by these Bylaws.The Chairman is
responsible for the"hly pry",ms at the breakfi eetings.Programs generally consist of
speakers,well informe 'Ct"curre*issues of inter to the water industry and may include
reports on pending legisla '.iatives and relevant court decisions.The Chairman
may call a meeting ofthe Exe nen they deem it so necessary.
Section 7.04.Vacancies in Office.A
death,resignation,removal or other cause,shall be
Bylaws for regular appointments to that office.
Section 7.03.Removal and Resi nation of Offic,.'t to the rights,if any,of
an officer under any contract of employment,any officer rtI~y be ved,with or without
cause,by the Board of Directors.Any officer may resign upon written no 0 the Association
without prejudice to the rights,if any,of the Associ9 ;i'l1th'i:ynder any contract ich the officer
,.-,C',,>is a party.'.'
Officers of the Board should reflect the membership and for the "Board/Council"may be
selected from any public agency Board representatives that are elected or appointed;mayor or
council members from cities that provide water,recycled water or wastewater service.
"Management"Officers should also reflect the membership and may be selected from General
Managers,Water Utility Managers,or executive staff as appropriat
esidents/Vice Chair.In the absence or disability of the President,
the Vice Pr all of the duties of the President,and,when so acting,shall have
all the powers to all of the restrictions upon the President.The Vice President
shall have such a and perform such other duties as from time to time may be
prescribed for them oard or the Bylaws.The Vice President/Vice Chair shall be
responsible for ensurin customer service seminars are conducted each year in a cost
effective and efficient mer,maximizing membership attendance and benefit.Expenses for
professional presenters and speakers may be paid from the treasury to reduce seminar expenses
to the membership.
d.Secretary.
(1)Book ofMinutes.The Secretary shall keep or cause to be kept,at
the principal office or such other place as the Board may direct,a book of minutes of all
11
kthornerdraft 11182009
meetings and actions of the Board and of committees of the Board.The Secretary shall also
keep,or cause to be kept,at the principaloffice in the State of California,a copy ofthe Articles
of Association and Bylaws,as amended to date.The Secretary shall also maintain a complete
and accurate record of the membership ofthe Association,as well as a record ofthe proceedings
of all meetings ofthe membership.
tary shall give,or cause
e Board required by these
tion in safe custody and
'bed by the Board or
f the Association shall keep or
eet books and accounts of the
ause to be sent to the Directors
se Bylaws to be given.The
.p.ble times.
(1)Books ofAccount.
maintain,or cause to be kept or maintained,adequat
properties and transactions of the Association,and shall sen
such financial statements and reports.,!1s are required by law
books ofaccount shall be open to insp'e'9 .by any Director at al
and Valuables.The
Treasurer shall the name and to the credit of the
Association with such depositories as may bed:~i~£a e ,r,iJePBoard,shall disburse the funds
ofthe Association as m ordered by the Boar~shall rend'er to the President or Chairman of
the Board,if any,wh an account of all;~transactionsas Treasurer and ofthe financial
condition of the A&,s all have other p~~~W~and perform such other duties as may
be prescribed by the Bo laws.'
e.Treasurer.
(2)Notices,SeaLandOtheJ;Duties.T
to be given,notice ofall meetings ofthe Board and of commit~,j'
Bylaws to be given.The Secretary shall keep the seal oft~f A
shall have such other powers and perform such other duties asc~!:lY be
the Bylaws."
Section 8.01.
Associatiofl"yjjf"h(
faithfu,l,;:;II,'~U_\..J'HH'
boo~§,rr
conffol
(3)y the Board,the Treasurer shall give the
in the amount ,d with e surety or sureties specified by the Board for
the duties 0 Ice and for restoration to the Association of all its
oney and oth roperty of every kind in the possession or under the
death,resignation,retirement or removal from office.
ARTICLE VIII
NIFICATION AND INSURANCE
a.Right of Indemnity.To the full extent permitted by law,this
Association shall indemnify its Directors,officers,employees and other persons acting on behalf
ofthe Association,including persons formerly occupying any such position,against all expenses,
judgments,fines,settlements and other amounts actually and reasonably incurred in connection
with any "proceeding,"as that term is used in such Section and including an action by or in the
right of the Association,by reason of the fact that such person is or was a person described by
such Section."Expenses,"as used in this Bylaw,shall have the same meaning as in Section
7237(a)ofthe California Nonprofit Mutual Benefit Corporations Code.
12
kthorner draft 11182009
1 extent permitted by law
,,expenses incurred by a
oceeding covered by
isposition of the
ch person that
,ed to be
'ght to purchase and maintain
fleers,Directors,employees and
.st or incurred by an officer,
,'~Director's,employee's
I N RIGHTS
ARTICLE X
STRUCTION AND DEFINITIONS
irec 's.Every Director shall have the absolute right
s,records and documents of every kind and the
ssociation.,.s inspection by a Director may be made in person or
the right of1'lnspection includes the right to copy and make extracts
Section 8.02.Insurance.The Association shal
insurance to the full extent permitted by law on behalf of t
other agents of the Association,agait}~t any liability asserted
Director,employee or agent in such ca"'"'t or arising out ofthe
or agent's status as such.
c.Advancement,ofExp!%llses.T
and except as is otherwise determined by the Board in a spe \,,',
person seeking indemnification under these Bylaws in defe'Rtling a
these Bylaws shall be advanced by the Associatiqn prior to the fi
proceeding upon receipt by the Association ofan un '8~~ing by or on behal
the advance will be repaid unless it is ultimately rmirted that such person 1
indemnified by the Association therefore.
Section 9.Ql,~i!J jM~~i~~f.nance ,oJ ,Corpd't~~e Records.The Association shall keep
adequate and corre9~;andr~~erds ofaccount,mi~.\il'es in written form ofthe proceedings of
the Board and commifte.;g~the~oard,and if applica~le,a record of its members,giving their
names and addresses and tlie,~'bership held.
b.ApUfovalofbl<Jemnity.Upon written request to the Board by
any person seeking indemnification,the Board shall promptly determine whether the applicable
standard of conduct set forth in the California Unincorporated Associations Laws and other
applicable laws has been met and,ifso,the Board shall determine whether indemnification shall
be made.
Unless the cont~xt otherwise requires,the general provisions,rules of construction and
definitions in the California Unincorporated Associations Laws shall govern the construction of
these Bylaws.Without limiting the generality of the above,the masculine gender includes the
feminine and neuter,the singular includes the plural and the plural includes the singular and the
term "person"includes both a legal entity and a natural person.
ARTICLE XI
AMENDMENTS
13
kthorner draft 11182009
Section 11.01.AdoRtion..orAmelldmept bvMembers.New Bylaws may be
adopted or these Bylaws may be amended or repealed by approval of a majority of all members
present at a meeting ofthe membership and entitled to vote.
<;--
Section 12.01.Scholarships.The Counc "!i!~1'ds permit,offerrme or more
college scholarships each year to deserving students.It ·sli~}~.e"goal ofthe Council to offer at
least one $1,000 scholarship per year.Ifmore than one schol ,ip is to be offered,it shall be put
to a vote of the membership present (\t any monthly meeting a)J;;ac roved by a simple majority.
The selected of the recipient each yeli all be selected by a .vote of the Executive
Committee.
Section 11.02.Amendm~ntbyBoard oJ Directors.Subject to the right ofmembers
under Section 11.01 hereinabove,Bylaws other than a Bylaw fixi r changing the authorized
number ofDirectors,or the minimum and maximum number ofs,or a Bylaw materially
and adversely affecting the rights ofmembers as to voting or ay be adopted,amended,
or repealed by a majority vote ofthe Board ofDirectors.
14
kthorner draft 11182009
CERTIFICATE OF SECRETARY
,California.~--
~~---.,Secrefary
Executed on ,2010,at----------------""'~-----'
I,the undersigned,certify that I am the presently elected and acting Secretary of SoCal
VOCAL,a California Nonprofit Unincorporated Association,a e above Bylaws,are the
Bylaws of this Association as adopted at a meeting of th of Directors held on
_________,,20010.
15
kthornerdraft 11182009
ARTICLES OF ASSOCIATION
OF
COUNCILOF WATER UTILITIES
I
The name ofthis unincorporated association is Council of
II
.~~\h\
A.This unincorporated association is a nonprofitassociatl
Unincorporated Associations Laws ofthe State of C mia,The purpose'is association is
to engage in any lawful act or activity,other than t u 'on business,for whf
may be organized under such law.
e State ofCalifornia ofthis association is:
III
IV
'n the State of California of this association's initial agent forThenam
service ofprocess is',
B.The specific purposes ofthis associatio~ct,advocate and promote the
common business interests ofits members and to protect rove the business conditions of
Southern California's retail water suppliers and the custom ey serve.This association is
organized exclusively for such purpos within the meaning ofi~B~,~01(c)(6)of the Internal
Revenue Code of 1986,as amended fr "e to time.Notwithstan~tpg any other provision of
the Bylaws,this association shall not,ex insubstantial degtee,carryon or engage in
any activities or exercise any powers .'furtherance of the purposes of this
association,and the association shall not carrp .ities not pennitted to be carried
on by an organization exempt from Federal inc Section 501(c)(6)of the Internal
Revenue Code of 1986 ded).
IV
This association shall be governed by a Board of Directors consisting offour directors.
The following persons are hereby elected and named as the initial directors ofthe association:
President/Chair:--------Vice President/Vice Chair:--------
KTHORNER ARTICLES OF ASSOCIATIONCOWU
Secretary:_
Treasurer:------
V
aSS(t~fation shall
Kimberly A.Thorner,Organizer
~sociation,after paying<~}\~g~~ping for the payment of
e.assets of the associat\~J;Y;t'shall be distributed pro
to COWU to/each of the then-current
statenleI1ltSjq.W purposes and powers,this association
degree,engage i ny activities or exercise any powers that
oses ofthis association.
has exC:::Ql;l;lfetf1
Notwithstan,~l
shall not,except t6'an'i
are not in furtherance oft
In the event of dissolution of t
all debts and liabilities of the associah
rata in direct proportion to the money
members ofthe association.
VI
VII
The duration ofthis association shall be
be January 1 through December 31 of each year.
This association shall have one or more classes of members,consisting of persons
dedicated to the purposes of this association,who meet other qual"cations for membership,as
the Board of Directors may determine shall be eligible for,~pip on approval of the
membership application by the Board ofDirectors and on tim ent of such dues and fees
as the Board may fix from time to time.The death,removal,tion of any member ofthe
association shall not result in the dissolution ofthe associatio
KTHORNERARTICLESOFASSOCIATIONCOWU
AGENDA ITEM 8i
STAFF REPORT
TYPE MEETING:Regular Board
SUBMITTED BY:Bob Kennedy 'D(-
Associate Civil Engineer
MEETING DATE:February 3,2010
PROJECTI P2009-001103 DIV.NO.5
SUBPROJECT:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM)
SUBJECT:
Ron Ripperger ~
Engineering Manager
Rod ~osad~~~
Chief,Engineering
,,-
Manny Magana~
Assistant General ~nager of Engineering and Operations
Authorization to Execute a Memorandum of Understanding
between the Helix Water District and the Otay Water District
Regarding Reimbursement for Costs Incurred with the
Relocation of Certain Helix Water District Facilities
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors (Board)
authorizes the General Manager to execute a Me~orandum of
Understanding (MOU)between the Helix Water Di~trict and the Otay
Water District regarding reimbursement for costs incurred with the
relocation of certain Helix Water District facilities in an amount not
to exceed $144,700 (see Exhibit A for locations)
COMMITTEE ACTION:
Please see Attachment A
PURPOSE:
To obtain Board authorization for the General Manager to execute a
MOU (see Attachment B)between the HWD and the District to reimburse
HWD for costs incurred to relocate its water facilities in
connection with construction of the upgrade of the County Water
Authority Flow Control Facility No.14 and construction of the
District's Jamacha Road Pipeline project.The MOU provides that the
District will reimburse HWD for up to $144,700.
ANALYSIS:
The HWD has incurred costs to date related to the work by the San
Diego County Water Authority (SDCWA)and the District for the
upgrade of Flow Control Facility No.14.The HWD will also incur
additional costs as part of the construction of the Jamacha Road
Pipeline Project.The operation/relocation/and inspection of HWD
facilities will be made by/or under the supervision and control/of
HWD.The MOU will establish terms/conditions/rights/and
responsibilities of the District and HWD in connection with certain
costs for theirequired relocation of HWD water facilities within the
Helix Water District.The District will reimburse the HWD for
reasonable costs estimated as follows:
Helix Water District Relocation Cost Estimate
Jamacha Road Pipeline
ITEM NO.COST
Fire Hydrant Relocation at Jamacha and 1 $12/000.00
Grove
Fire Hydrant Relocation at Jamacha and 1 $12/000.00
Skyline
Fire Hydrant Relocation at 505 Third Street 1 $8/000.00
Fire Hydrant Relocation at Third and 1 $8/000.00
Lexington
Water Service cut outs and reconnections
necessary for the installation of the
Project within Jamacha 67 $62/000.00
Subtotal $102,000.00
15%Contingency $15/300.00
Subtotal Relocation Cost Estimate $117,300.00
Flow Control Facility No.14
Operation,Inspection and Testing of the 1 $27,400.00
Upgraded Flow Control Facility No.14
TOTAL COST ESTIMATE $144,700.00
Neither the HWD nor the District anticipates that the cost will
exceed $144/700.The MOU identifies the duties of each party to use
their best efforts to ensure that this amount is not exceeded and
also includes provisions for each party to negotiate in good faith
to determine who is responsible if the total cost should exceed this
amount.
2
FISCAL IMPACT:
/o;;~-.:;'~,..7:..~_?-/7;////..
Funding for the 36-lnch Pipeline Project will come from ClP project
P2009.The total budget for P2009,as approved in the FY 2010
budget,is $22,200,000.Total expenditures plus outstanding
commitments and forecast to date,including the expenses noted in
this MOU is approximately $21,800,000.See Attachment C for budget
detail.
The Project Manager has determined,based on the attached financial
analysis,that the ClP budget is sufficient to support the project.
The Finance Department has determined that funding will be available
for ClP P2009.Funding for ClP P2009 will be split between 60%
Betterment and 40%Expansion Fund.
STRATEGIC GOAL:
The Jamacha Road Pipeline and the Upgrade to Flow Control Facility
No 14 supports the District's Mission Statement,"To provide the
best quality of water and wastewater service to the customers of the
Otay Water District in a professional,effective,and efficient
manner"and the Otay strategic goal,in planning for infrastructure
and supply to meet current and future potable water demands.
LEGAL IMPACT:
The District's General Counsel and the Helix Water District General
Counsel have reviewed and accepted the MOU as to form and legality.
General Manager
P:\WORKING\ClP P2009 36-inch PL -FCF 14 to Reg Site\Staff Reports\BD 02-03-10,ClP P2009 MOU with Helix (BK-RR).doc
BK/RR/RP:jf
Attachments:
QA/QC Approved:
Attachment A
Attachment B
Attachment C
Exhibit A
Name:Date:,-'4------"......D=-----
ATTACHMENT A
COMMITTEE ACTION:
The Engineering,Operations,and Water Resources Committee
reviewed this item at a meeting held on January 21,2010 and the
following comments were made:
•Staff is requesting that the Board authorize the General
Manager to execute a Memorandum of Understanding (MOU)
between the Helix Water District and the Otay Water
District for costs incurred for the relocation of certain
Helix WD facilities in an amount not to exceed $144,700.
Authorization to Execute a Memorandum of Understanding
between the Helix Water District and the Otay Water
District Regarding Reimbursement for Costs Incurred with
the Relocation of Certain Helix Water District Facilities
SUBJECT/PROJECT:
P2009-001103
•Staff indicated that the Helix WD has incurred costs
related to work by CWA and MWD for the the Flow Control
Facility No.14 upgrade.
•Staff stated that the Helix WD will be the responsible
party to supervise and control its operation,relocation,
and inspection of their facilities.Staff indicated that
Otay WD's staff inspectors will also be involved with the
monitoring of this project.
•Staff indicated that both Districts (Helix and Otay)have
reviewed the MOU and is in agreement with its contents and
that neither District anticipates that the cost will exceed
$144,700.The MOU identifies each party's responsibility
to exercise their best efforts to assure that the costs do
not exceed $144,700 and also includes provisions to
negotiate in good faith to determine who is responsible if
costs should exceed $144,700.
•The Project Manager has determined that the CIP budget is
sufficient to support the project.
•The Committee inquired who would be the responsible party
to ensure that the MOU amount ($144,700)is not exceeded.
Staff indicated that Otay Water District's staff will
monitor and document the expenditures to ensure that the
amount billed is accurate and costs do not exceed $144,700.
•The Committee inquired who would perform the relocations of
hydrants,water service cut outs and reconnections.Staff
stated that the Helix WD is responsible for the
relocations.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board as a consent
item.
5
ATTACHMENT B
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE OTAY WATER DISTRICT AND THE HELIX WATER
DISTRICT REGARDING THE RELOCATION OF CERTAIN HELIX WATER
DISTRICT WATER FACILITIES
This Memorandum of Understanding (the "MOU"),is made and entered into
by and between the Otay Water District,a municipal water District organized under
the Municipal Water Act of 1911 of the State of California ("OWD"),and the Helix
Water District,an irrigation district organized under Irrigation District Law,Water
Code §20500 et seq ("HWD"),to establish terms,conditions,rights and
responsibilities of the OWD and HWD (hereinafter referred to jointly as the "Parties")
in connection with certain costs and the required relocation of certain water facilities
owned by the HWD due to the construction and installation of the PROJECT
(defined below.)
A.OWD is currently installing and constructing a 36-inch Potable Water
Pipeline from Flow Control Facility No.14 ("FCF 14")to the Regulatory Site
("PROJECT").
8.The Parties have determined that the PROJECT necessitates the
relocation of approximately four (4)fire hydrants and sixty-seven (67)water service
cut outs and reconnections,more specifically identified in Attachment 1,attached
hereto and incorporated as if fully set forth herein (collectively,the
"RELOCATIONS").
C.The Parties have agreed that the RELOCATIONS will be made by,or
under the supervision and control of,the HWD.The Parties also agree that OWD
will pay reasonable costs for the RELOCATIONS,based on the estimates set forth
in paragraph 1.A below.
D.The Parties agree that OWD will pay reasonable costs for certain work
previously conducted by the HWD relating to the FCF 14 connection,as set forth in
paragraph 1.8.below.
E.The Parties agree that,except for the specific commitments made by
OWD herein,QWD shall have no responsibility for any other HWD work or costs
relating any HWD facility or service,or portion thereof;unless otherwise agreed
upon by both parties.
NOW,THEREFORE,in view of the foregoing,and in consideration of the
mutual covenants and agreements contained herein,OWD and the HWD do hereby
agree as follows:
1.OWD'S DUTIES AND RESPONSIBILITIES
A.OWD will reimburse the HWD for the reasonable costs of the
RELOCATIONS,which are currently estimated as follows:
ITEM NO.COST
Fire Hydrant Relocation at Jamacha and 1 $12,000.00
Grove
Fire Hydrant Relocation at Jamacha and 1 $12,000.00
Skyline
Fire Hydrant Relocation at 505 Third 1 $8,000.00
Street
Fire Hydrant Relocation at Third and 1 $8,000.00
Lexington
Water Service cut outs and reconnections
necessary for the installation of the
Project within Jamacha 67 $62,000.00
Subtotal $102,000.00
15%Contingency $15,300.00
TOTAL COST OF RELOCATIONS:$117,300.00
As reflected above,OWD has budgeted a 15%contingency based on the
estimated costs provided by Helix to ensure that sufficient funds are available in the
event of changes to the project.
Neither HWD nor OWD currently anticipate that the costs of the
RELOCATIONS will exceed $102,000.If HWD determines that additional work will
be required or if it encounters any unforeseen conditions during the work that could
cause the aggregate costs of the RELOCATIONS to exceed $117,300,HWD will
immediately notify OWD and the parties will promptly meet to discuss the additional
work or unforeseen conditions,their effect on the cost and schedule for the
RELOCATIONS,and possible solutions satisfactory to both parties.
B.OWD agrees to pay the HWD up to $27,400 for work performed by
HWD on FCF 14 as it relates to the PROJECT.Any cost increases due to additional
work or unforeseen conditions will be addressed in the same manner as additional
work or unforeseen conditions for the RELOCATIONS.
C.OWD agrees to pay approved invoices,not exceeding in the aggregate
$144,700,within thirty (30)days of OWD approval of invoices submitted by HWD,as
set forth on Paragraph 2.A.ii,below.Any amounts in excess of $144,700 will have
to be approved in a separate written document signed by both parties.
:I~-
I
I
2.HWD'S DUTIES AND RESPONSBILITIES;REPRESENTATIONS.
A.The HWD agrees to perform all RELOCATIONS identified in
Attachment 1 in a prompt and reasonable manner and to use best efforts to ensure
that the amounts set forth in paragraph I.A are not exceeded.
i.If,at any time during the RELOCATIONS,the HWD estimates
that actual costs directly related to the RELOCATIONS will exceed the amount
stated in paragraph I.A.,the HWD agrees to immediately notify OWD.OWD shall
be immediately allowed to inspect the work,and all documentation and information
concerning the estimated increases and the Parties agree to negotiate in good faith
to determine who shall be responsible.
ii.HWD agrees to submit quarterly invoices detailing the work
completed,including back-up documentation,to the satisfaction of OWD,evidencing
and certifying all costs,excess costs,change orders and expenses.
B.The HWD represents that it has performed work relating to FCF 14,as
it relates to the PROJECT,and that it has incurred costs relating thereto,as
identified in paragraph 1.B.The HWD agrees to submit invoices and evidence of
such costs to OWD upon request.
3.TERM;TERMINATION
This MOU shall be effective commencing on the date indicated on the
signature page hereof and,unless earlier terminated,shall remain in effect until the
earlier of (i)thE?date OWD accepts the PROJECT in the manner contemplated
under OWD's construction agreement for the PROJECT;or (ii)the date it is
terminated by mutual agreement of the Parties following OWD's final payment to
HWD for the final portion of the RELOCATIONS.
This Agreement may be terminated by HWD for cause prior to the time
contemplated in the paragraph above,upon thirty (30)days written notice of
termination,if OWD fails to pay any invoice that has been approved by OWD in the
manner contemplated in Section 1 and such failure to pay has not been cured by the
30th day following the notice of termination;provided that failure to pay any
disapproved amounts shall not constitute a basis for termination.
This Agreement may be terminated by OWD for cause prior to the time
contemplated above if HWD fails to complete any RELOCATION contemplated
herein prior to the time required for the PROJECT to proceed as contemplated
under the project schedule.The Parties agree that OWD will keep HWD appraised
of the status of the PROJECT.
4.HOLD HARMLESS AND LIABILITY
Each,OWD and the HWD,agrees to defend,indemnify,protect,and hold
harmless the other party and its board,agents,officers,and employees from and
against any and all claims asserted or liability established for damages or injuries to
any person or property,including injury to employees,agents or officers,which arise
from or are connected with or are caused by the negligent acts or omissions or
willful misconduct of the indemnitor's agents,officers or employees,in performing
the work or services herein and all expenses of investigation and defending against
same;provided,however,that each party's duty to defend,indemnify and hold
harmless the other shall not include any claims or liability arising from the negligent
acts or omissions or willful misconduct of the other party,its agents,officers or
employees.The Parties agree that in the event of any joint or concurrent negligence,
they will apportion any established or agreed upon liability proportionate to their
respective degree of fault.
5.GOVERNING LAW;DISPUTE RESOLUTION
This MOU is deemed a contract under the laws of the State of California.The
Parties hereby.consent to the exclusive jurisdiction of the courts of the State of
California in Sa'n Diego County.If a dispute arises out of or relates to this MOU,or
the breach thereof,the parties agree to engage in good faith negotiations to attempt
to resolve the matter.In any action at law or in equity,including an action for
declaratory relief,between the parties arising out of or relating to this MOU,the
prevailing party in such action will be entitled to recover from the other party a
reasonable sum as attorneys'fees and costs.
The prevailing party will be determined in accordance with Civil Code Section
1717(b)(1)or any successor statute.The prevailing party will also be entitled to its
reasonable attorneys'fees and costs in any post-judgment proceedings to collect or
enforce the jUdgment.This provision is separate and several and will survive the
merger of this MOU into any judgment on this MOU.
6.INTEGRATION;WAIVER;AMENDMENTS
This MOl:)represent the entire understanding by and between the Parties as
to those matters contained herein.No prior oral or written understanding will be of
any force or effect with respect to the matters covered herein.This MOU may not
be modified or altered except in writing signed by both parties hereto.Any waiver by
either party of any provision of this MOU must be in writing.Any written waiver will
affect only the provision specified and only for the time and in the manner stated in
the writing.No waiver by a party of any provision in this MOU will be considered a
waiver of any other provision.
7.ASSIGNMENT
HWD shall not assign,sublet,or transfer this MOU or any rights,duties or
obligations under this MOU without written consent of OWD.
8.SEVERABILITY
The partial or total invalidity of one or more parts of this MOU will not affect
the intent or validity of the MOU.
IN WITNESS HEREOF,the District and the City have executed this
Reimbursement Agreement to be effective as of ,2010.
Otay Water District
Mark Weston
General ManagerIts:
Date:
By:
Helix Water District
Mark Watton
General ManagerIts:
Date:
By:
Approved as to form:Approved as to form:
General Counsel General Counsel
ATTACHMENT C
o..t..UpdQt~:Ooc-..ber '4.2008
a Memorandum
District and
of Understanding
the Otay Water
Reimbursement for Costs Incurred with
Helix Water District Facilities
Otay Water District
36-lnch PipelinefromSDCWAOlayFCFNo.14 to theRegulatorySite
Authorization to Execute
between the Helix Water
District Regarding
Jthe Relocation of Certain
P2009
SUBJECT/PROJECT:
P2009-001103
22.200.000
Oul.IBndlng
ConwnIhnBnt0&
FO'&C_t
Pro/Bct.dFlnslCael -..,../
C""""",,,S
262 SAN DIEGONEIGHBORHOODNEWS
2,249 MAILMANAOEMENTGROUPINC
818 UNIONTRfBUNf!.PlJBUSHING co
28e MCGRAW-HILLCONSTRUCTION
14,000 TCCONSTRUCTION
1.609 FERGUSON WATERWORKS111082
20,000
338,143
119 PETTYCASHCUSTOOlAN
17,922,495
21.804.739
20.000
1,367
172,413
14,471,728
2.2
882
818
288
14,000
1,609
68.878
1,327
83 PETTYCASHCUSTOOlAN
238 238 US POSTMASTt-R
9,400 9,400 SANDIeGO C(:)UNTV WATER
6.758 4,244 10,000 CITYOF E.LCA..lON
185,730".
513.869 578.71'1,092.441 RSFC NSULT.INO
7.287 '.433 8,700 flOU"THEORNCASOIL
19,098 1,902 21,000 MARS-rON &MARSTON INC
57,918 67,918 LeE &RQINC
627,000 527,000 SANDIEGOCOUNTYWATER
11,049 11,649 SOUTHERNCASOII..
90 00 COUNTY"QP8.fr\N DIEGO
1'3,440 13,440 SWINERTON MANAOEMENT
2ft,884 16,396 42,080 JONES'",t3"TOKE3
057 957 SO D'&"(Y n~""""'SCRIPT
350 350 I-tVANBETHKE
705 70$OLLI BROS
1,927 1,927 COUNTYOFSANDIEGO
7.500 7,500 KEAOY REALESTATE
(10,290)(10,290)WOODRUFF.SPRADLIN&.SMART
3,000 3,000 RAYMONDKEITH HANNA
4.923 4.923 GARCIACALDERON&.RUIZLLP
4,744 4,744 WRA&ASSOCIATES INC
229.800 229.000 GROSSMONT-CUV.....MACACOMMUNITY
5,700 5,1'00 BELLATERRAHOA
700 700 SUZETTEC SWANGER
41,513 8,487 48,000 SOUtHERN~Sl);t..
28,526 28,320 MINH CONaTR ORO INn
4,900 4,900 KeN O~OI~
87 87 SAN OtEOODAILY TRANSCRIPT
93,000 83,000 SAN OII;GOCOUNNW1l\TE.R
28 28 RANOlEGDCOUNTY
100 100 US ,..ISH'"W'lLDUFE SERVICES
168,480 19B,398 366,B-,e GARCIACALDERON&RUIZLLP
271,784 271,784
093 993 OeDREF'ROORAHICB
110 110 PETTVCABH
3,460,768
48 48 SEDONAS"-"'FFINO
1,745,868 110,812 1,856,480
1,080,288 257,820 1,338,108 INFRASTRUCTURE ENGINEEBfNO
6.749.787 $15.054.952 $
271,784 .
993
"0
4.
6.59&
368,878
4,923
(10,290)
1,927
>00
1.33B,108
42,080
1.10D
3.8
350
70'
2.025,764
644,03&
69
63
48
2>5
27>
12.830..
• 9
1,0150
1,640
641,812
13,440
4,744
48,000
28.&25
4,900
87
93.000
107,138
28
5,700
700
3,000
229,600
7,500.,
244
34.
8.912
.0
46
1;856,480
338,143"..3
23.
9,400
10,000
1.092,441
8,700
21,000
57.918
527,000
11.649
144,700
13,74;).,332
75':;123
(243.847)
1,403,324
1.327
816
266
450
2'2
2.249
14,000
1,609
20,000
17,922,495
$21.804.739 $Grand Total
ConstruellonConbucl
IrIllnoV.I....
AccptlclOlie-out
ConauIlunlContnllc1a
Meols &Inckfonlals
Pa.toge
RaguhlototYAgency F•••
OtherLeoalFa_
Labar
PrintIng
BusIness M_tlnga
ConstnJDtlon
InHou.o/Labor
Mil_go A.elmbunllen1.nt
Spoclal proJoc:w
TDioIO••lon
QAlQC BY:~9S ~#':B~
D
N
EXHIBIT A
u.Uu.,
..J
a..............~~~~OTAY WATER DISTRICT
a.~SDCWA FCF NO.14 AND
z~36-INCH JAMACHA PIPELINE
~0ii:....L...;I:;;:;===50=o==::;1;,,~o_o_F_ee_t ~C=IP...:P~2:0:.:0:9J
AGENDA ITEM 8j
STAFF REPORT
TYPE MEETING:Regular Board MEETING DATE:February 3,2010
5DIV.NO.P2490/
P2492-
001103
PROJECTI
SUBPROJECT
Daniel Kay Ov-
Associate Civil Engineer
Ron Ripperger ~
Engineering Manager
Rod Posada ~o~..
Chief,Engineering
Manny Magan~~
Assistant General~nager,Engineering and Operations
Award of a Construction Contract for the 1296-1 &1296-2
Reservoir Exterior/Interior Coating and Upgrades Project
SUBJECT:
APPROVED BY:
(Asst.GM):
SUBMITIED BY:
APPROVED BY:
(Chief)
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors (Board)
awards a construction contract to West Coast Industrial Coating Inc.
(West Coast)for the 1296-1 &1296-2 Reservoir Exterior/Interior
Coating and Upgrades Project and authorizes the General Manager to
execute an agreement with West Coast in an amount not to exceed
$690,000 (see Exhibit A for project location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board approval authorizing the General Manager to enter
into a construction contract with West Coast in an amount not to
exceed $690,000 for the 1296-1 &1296-2 Reservoir Exterior/Interior
Coating and Upgrades Project.
ANALYSIS:
The District's corrosion consultant Schiff Associates (Schiff)
completed a Corrosion Control Program (CCP)in June 2009 that
addresses the installation,maintenance,and monitoring of corrosion
protection systems for the District's steel reservoirs and buried
metallic piping.The CCP includes a reservoir maintenance schedule
that shows the 1296-1 and 1296-2 Reservoirs to be re-coated and
updated to current code.The maintenance includes replacing anodes
for the cathodic protection system,removing the existing exterior
and interior coatings,and applying a new coating to the exterior
and interior of each reservoir.
In addition to replacing the anodes and re-coating the reservoirs,
structural upgrades are necessary to comply with the American Water
Works Association (AWWA)and the Occupational Safety and Health
Administration (OSHA).An internal and external inspection of each
reservoir was completed in August of 2008 by Utility Services
Company.The recommended structural upgrades,with input from
engineering and operations staff,are as follows:A new exterior
ladder,new level indicators,new fall prevention devices on the
interior ladders,provide additional manways for access,new anode
access ports,new roof vents,new lanyard cables,and miscellaneous
tank penetrations for chlorination and sampling.These upgrades
will ensure compliance with AWWA and OSHA as well as provide better
access and maintenance for Operations staff.
Currently,Natgun Corporation is constructing a new AWWA Type III
concrete reservoir at the same site as the 1296 reservoirs.This
project is scheduled to be completed in early March and the award of
the construction contract to West Coast will provide a smooth
transition of construction contracts at the site.
Staff developed the contract documents and the project was
advertised for bid on the District's website and several other
publications including the San Diego Tribune and San Diego Daily
Transcript.
Subsequently one (1)addendum was sent out to all bidders and
planhouses to address questions and clarifications to the contract
documents during the bidding period.Bids were publicly opened on
January 7,2010,with the following results:
CONTRACTOR TOTAL BID Corrected Bid
AMOUNT Amount
1 West Coast Industrial Coating $690,000 -
2 A.J.Fistes $699,900 -
3 RPI Coating $793,000 -
4 Olympus &Associates,Inc.$808,807 -
5 Blastco,Inc.$812,360 -
6 State Painting Company $841,550 -
7 ABHE Svoboda $923,200 -
8 Techno Coatings,Inc.$1,038,000 -
The Engineer's Estimate is $875,000.
2
I
'i
l,,
:~;
Staff reviewed the bids submitted for conformance with the contract
requirements and determined that West Coast was the lowest
responsive and responsible bidder.West Coast holds a Class C-33
Contractor's License which expires on January 31,2011.Reference
checks indicated an excellent performance record on similar projects
and that all agencies contacted would hire West Coast for future
projects.
However,on January 13,2010,a bid protest was received from RPI
(Exhibit B)claiming that West Coast and the second apparent low
bidder,A.J.Fistes,submitted non-responsive bids.The District
requested that West Coast respond to RPI's bid protest.Their
response is attached as Exhibit C.Staff and general counsel have
reviewied West Coast's response and have determined that their bid
has met the intent of the contract documents.Staff did not contact
A.J.Fistes because they are the second low bidder and staff is
recommending award to West Coast.Per the public competitive
bidding process,Staff recommends award of the contract to West
Coast in the amount of $690,000.
FISCAL IMPACT:/~
Funding for the overall project comes from two CIP projects,P2490,
the 1296-1 Reservoir Exterior/Interior Coating and Upgrades,and
P2492,the 1296-2 Reservoir Exterior/Interior Coating and Upgrades.
The total budget for CIP P2490,as approved in the FY 2010 budget is
$350,000.Total expenditures,plus outstanding commitments and
forecast is $347,615.See Attachment B-1 for budget detail.
The total
$600,000.
forecast,
budget for CIP P2492,as approved in the FY 2010 budget
Total expenditures,plus outstanding commitments and
is $501,399.See Attachment B-2 for budget detail.
is
Based on a review of the financial budgets,the Project Manager has
determined that each budget is sufficient to support the project.
Finance has determined that funding will be available for CIP P2490
and P2492.Funding for both CIPs will be 100%Replacement.
STRATEGIC GOAL:
This project supports the Operations Division's Mission Statement,
"To provide all operations and maintenance services in the highest
possible professional,efficient,safe,and cost effective manner to
all internal and external customers,and to strive to continually
improve the level of services this Department provides."
3
LEGAL IMPACT:
None.
Gener/!4g@tfAC-
P;\WORKING\CIP P2490 1296-1 &-2 Reservoir Coating\Staff Reports\BD 02-03-10,Staff Report.1296 Coatings Bid Award.doc
DK/RR/RP:jf
Attachments:Attachment A
Attachment B-1
Attachment B-2
Exhibit A
Exhibit B
Exhibit C
QA/QC Approved:
Name:
4
Date:--l.1_\_4_\\-:_10 _
........................................................................................................!..!
COMMITTEE ACTION:
~IIR I JECT:
P2490-001103
P2492-001103
ATTACHMENT A
Award of a Construction Contract for the 1296-1 &1296-2
Reservoir Exterior/Interior Coating and Upgrades Project
The Engineering,Operations,and Water Resources Committee reviewed
this item at a meeting held on January 21,2010 and the following
comments were made:
•Staff is requesting that the Board authorize the General
Manager to enter into a construction contract with West Coast
Industrial Coating Inc.in an amount not-to-exceed $690,000
for the 1296-1 and 1296-2 Reservoir Exterior/Interior Coating
and Upgrades.
•Staff indicated that consultant,Schiff Associates,completed
the District's Corosion Control Program (CCP)in June 2009.
The program shows the 1296-1 and 1296-2 Reservoirs in need of
a new coating system as well as structural upgrades to bring
the reservoirs up to AWWA and OSHA standards.
•Staff stated that Natgun Corporation is constructing the
District's 1296-3 Reservoir at the same site which is
expected to be completed in March 2010.By approving the
West Coast Industrial contract,the recoating of the 1296-1
and 1296-2 Reservoirs can start following the completion of
the construction of the 1296-3 Reservoir.This will allow
all work at the site to be continous and appear as one
project.
• A request for bids was advertised on December 10,2009,and a
pre-bid meeting was held on December 17,2009.Four
contractors were in attendance.An addendum was sent to all
bidders and planhouses to address questions and provide
clarification to the contract documents during the bidding
period.Eight bids were received and were opened on January
7,2010.Staff indicated that a table on page 2 of the staff
report indicates the results.
•All bids were received and staff determined that West Coast
Industrial Coating Inc.had submitted the lowest responsive
bid at $690,000.However,the third lowest contractor,RPI
Coating,submitted a bid protest on January 13,2010,
claiming that West Coast Industrial Coating Inc.and the
second lowest bidder,A.J.Fistes,submitted unresponsive
bids.The District requested that West Coast Industrial
Coating Inc.respond to the bid protest.Staff and the
District's General Counsel reviewed the response and
determined that their bid has met the intent of the contract
documents.
•Staff indicated that the funds for this contract will be
expended toward their respected CIP projects,P2490 and
P2492.
•The Committee inquired how many scheduled coatings are
planned each year.Staff stated that about 2 reservoirs are
recoated each year.When possible,recoatings are grouped
together for efficiency and cost reduction.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board as a consent item.
6
ATTACHMENT B-1
Sjj~~~b~~~~~;CT:r~~ard of a Construction Contract for the 1296 -1 &12 9~=;i
L P-~492-0011 03~~~~EY.:.?~E.~~~_~E~~~L Int_~:.r.::~?E.J;_?~.!::_!!:_9.:_~!:~Y.P.9.:E_~?_:~_~..~:r.:.?j~~.~____1
OtayWaterDistrict Date Updated:December29,2009
P2490 -1296-2 Reservoir tnt/Ext Coating &Upgrade
Outstanding ProjectedFinalBudgetCommittedExpendituresCommitment&Cost Vendor/Comments
$350,000 Forecast
Planning
Labor 2,630 2,630 -2,630
-
Total Planning 2,630 2,630 -2,630
Design
In House/Labor 18,785 18,785 -18,785
- -.._-_.
Total Design 18,785 18,785 -18,785
Construction
In House/Labor 20,000 298 19,702 20,000
Construction Contract 296,200 296,200 296,200 WEST COAST INDUSTRIAL COATING
Acceptance/Closeout 10,000 10,000 10,000
Total Construction 326,200 298 325,902 326,200
Grand Total 347,615 21,713 325,902 347,615
QAlQC Approved:\ •/)
Name:Bd l}..A..V Date:-~~~r------
ATTACHMENT B-2
SU8pJ~~~~~~~R~;CT:·!Award of a Construction Contract f~;~he·~;~~~~~l;~~=;-·
LP.~5_9?:QQ119~_.__JRes ~!"V?i r§?5:~~~i or/.!_~~~..E.~..~E".."..~.~~t ~~g."al:1~Upgrad~~"~.E.?j~ct
Otay Water District Date Updated:December 29,2009
P2492 -1296-2 Reservoir InUExt Coating &Upgra
..-.J
Outstanding ProjectedFinalBudgetCommittedExpendituresCommitment&Cost Vendor/Comments
600,000 Forecast
Planning
Labor 2,328 2,328 -2,328
Total Planning 2,328 2,328 -2,328
Design
Labor 10,271 10,271 -10,271•....-
Total Design 10,271 10,271 -10,271
Construction
Labor 80,000 -80,000 80,000
Construction Contract 393,800 393,800 393,800 WEST COAST INDUSTRIAL COATING
Accptlclose-out 15,000 15,000 15,000
--
Total Construction 488,800 I -488,800 488,800
Grand Total 501,399 12,599 488,800 501,399
QNQC Approved:
Name:t2~tkQ Date:__I -'-~\_"'_\-,-'_\0 _
IMPERIAL
BEACH
OTA Y WA TER DISTRICT
1296-1 &1296-2 RESERVOIR
EXTERIOR/INTERIOR COATING AND UPGRADES
CIP P2490 &CIP P2492
EXHIBIT A
IEXHISIT sl
COATING
l'aiDtblg.SaQdbl••tlag.FireprooftDC.Speeial CoatiDI'
IaRunty 13,2010
Otay Wator DistriQt
Attn:Dani~1 Kay.PE
2554 SweelWlSter Spring.Blvd
Spring Valley.ClI 91fi78~2096
:ReloAn":1291~1 &1296~2 R.eservoir Exterior/Interior Coating and
Upgrades,CIP P2490 It.P2492
SUbie~1 Formal BidProteat.
RPl COATING,INC (RPI)respoctfully proteats and challenges the award ofthe above subject project.Tho
apparont low bidder West Cosat Industrial Coatings,Inc,and the aecond apparent low bidder Al Piatu
submittcG non responsive bids.Pleuo consider the following:
West Co.at lndyfttlal Coating Inc (WelCn
1.WClCI did not list the required sub-contractors or s~b consultants.Thill is pursuant to Tb~Public
ContrACt Code,Chapter 4 "Subletting and Subcontracting"Statuo 4100-411411Dd the specificanons.
rJ The scaffolding and shrink wrllp subcontractor was omitted from WCICI's bid doc\UIlcnta.*Noto:
09865-4 paragraph 4.requires a.completo oontainment system,This statement ill inliuu wim SSPC
GUide 6 for containing dobri$during paint removal oporations,Guide 6 has four (4)classell of
oontainment Iill ofwitch l1ti1ize ridged or flexiblo framing and plltl'tic to contain hazardous lUld lead
baae emi$lIiODS and materialt
o 'rho tbird party inspection (um wu omitted from WCICI'a bid.S&'lO 09865-10 paragrllph A ofthe
lIpecifications.ThIS)'can not selfperform the iupcction as this would be a conflict ofInterest'.
AJ Fi.tli
2.A1 fistas has not the required QPl ccrtifiC1lte pur~uant to lIpecifl.cation BOctiO.l1 09905-4 para;raph 2.
In aumDlexy,RPI's bid was oomplete and in accOrdllloe with thIS intent ofthe:.poc:ifications thenfore
entitled to award...A4 an intel'cstcsd party I cncoura8~you to rcsearQh the intent ofthe apparent low bl~s
prior to the reoommendation to award.Please oontltCt me at S62·447~1937 should questions remain.
Respectfully 811bmitte
RPl Coating Inc;
Bob KeUey.
C4LlroD.NfA LICBNSE 416957 C33 •18114 SHO&MAJaiR AVBNlJE ~SANTA P8SPlUNGS,CALIFORNIA 99670
~H,?Nl!(562)906.9002 -FAX (562)906-9004
'8NI 9NI1~OO Id~\
From:
To:
cc:
Subject:
Date:
IEXHIBIT Cl
Larry Wombles
Daniel Kay;
Ronald Ripperger;"Desiree Brumley";
"Ron Hogeland";
RE:Bid Protest -RESPONSE
Wednesday,January 13,2010 6:12:59 PM
Mr.Kay,
This e-mail is in response to the formal protest as filed by RPI Coating on
January 13,2010.I will only address the two bullet points as filed against
WCIC.
1.Scaffolding:Specification section 09865-4,paragraph 4 is for
SUBMITTALS after award ofproject.This paragraph does not
stipulate complete shrink wrap containment as stated by RPI.Guide 6
is not listed in this paragraph,thus there inclusion is incorrect.This
paragraph simply states that WCIC is to provide written
documentation"...for complete abrasive blasting containment system,
which will contain all the abrasive blast media,monitoring of the
containment,and corrective procedures when containment may be
breached."This paragraph does not dictate means and/or methods as a
condition ofcontract.WCIC fully intends to satisfy the complete
project specifications,OSHA,AQMD,and SSPC in which we are
proud members.
2.Third Party Inspection -Specification section 09865-10,paragraph
A states,"Inspection and testing shall be performed by the
Contractor's hired certified and approved by the Distnct..."This
specification section does not state that the certified inspector must be
"third"party.WCIC has two on-staffNACE level III and five SSPC
Level II coating inspectors.One ofour Level III (highest level of
rnspector per NACE)also is a independent third party consultant as he
only work part time at WCIC.wcrc has hired all the inspectors on
our staffand this meets the specification.Also,as a SSPC QP-I
Contractor,wcrc is responsible for Quality Control.Quality
Assurance can also be accomplished by wcrc with your approval.
wcrc bid this project knowing we were responsible for Quality
Control (QC)and Quality Assurance (QA).As added QA,WCIC
intends to have the coating manufacturer representative fro TNEMEC
on regular basis to inspect and report for our QC and QA reports.
There is no conflict ofinterest as SSPC QP-1 requires their certified
members to perform all QC and QA as part ofour certification.I
believe this is why your district required QP-1 only certified contractor
to bid this work.As a QP-l contractor,we will have fully trained and
certified NACE level III coating Inspector with his own individual
License inspecting the work;it will be the coating manufacturer who
provides additional verification;and it is WCIC performance bond that
guarantees workmanship.In addition to the Nace Level III coating
inspector,WCIC field foreman is also a SSPC Level II Coating
inspector.
OTAY Water District will get a first class and best coating project via award
to WCIC where our company motto is "SAFETY +QUALITY =
PRODUCTION."Should you have any other questions or need any other
verification,please do not hesitate to call me at 951-956-9943.
Larry Wombles
Paso Robles Tank Inc.
West Coast Industrial Coatings
SSPC QP-1 Contractor
3883 Wentworth Drive
Hemet,CA 92545
Phone:951-925-2288/Fax:951-925-1288
e-mail:LWombles@pasoroblestank.com
Company E-mail:www.Pasoroblestank.com
ONE NATION UNDER GOD &IN GOD WE TRUST!
~Please consider the environment before printing my e-mail
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From:Daniel Kay [mailto:DanieI.Kay@otaywater.gov]
Sent:Wednesday,January 13,2010 1:28 PM
To:Larry Wombles
Cc:Ronald Ripperger;Desiree Brumley;Ron Hogeland
Subject:Bid Protest
Hi Larry,
We have received an official bid protest from RPI coating.Please see their
attached letter.Could you please respond to the District (Attention to Daniel
Kay)regarding their concerns on the letter.A prompt response would be greatly
appreciated as we are trying to complete the staff report for this contract for the
January Committee Meeting/February Board.
Thank You.
DANIEL KAY,P.E.
ASSOCIATE ENGINEERI OTAY WATER DISTRICTI
TEL:619-670-22471 FAX:619-670-8920 I
WWW.OTAYWATER.GOV
STAFF REPORT
AGENDA ITEM 8k
February 3,2010TYPEMEETING:
SUBMITTED BY:
APPROVED BY:
(Chief)
Regular Board
Daniel Kay\).L
Associate Civil Engineer
Ron Ripperger ~
Engineering Manager
Rod posada~,,~
Chief,Engineering
MEETING DATE:
PROJECT/
SUBPROJECT:
S2021-
001103
DIV.
NO.
5
APPROVED BY:
(Ass!.GM):
SUBJECT:
Manny Magafi~~~
Assistant General~nager,Engineering and Operations
Award of a Construction Contract for the Jamacha Road 8-Inch
Sanitary Sewer Replacement Project
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board consent to withdrawal of
the bid submitted by Empire Pipeline (Empire),award a construction
contract to A.B.Hashmi Inc.(A.B.Hashmi)in the amount of $91,320
for the construction of the Jamacha Road 8-Inch Sanitary Sewer
Replacement Project and authorize the General Manager to execute an
agreement with A.B.Hashmi in an amount not to exceed $91,320 (see
Exhibit A for project location).
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board approval consenting to the withdrawal of the bid
submitted by Empire and authorizing the General Manager to enter
into a construction agreement with A.B.Hashmi in an amount not to
exceed $91,320 for the Jamacha Road 8-Inch Sanitary Sewer
Replacement Project.
ANALYSIS:
This project consists of constructing a total of 335 linear feet of new
8-inch PVC sanitary sewer pipe in Jamacha Road between Hidden Mesa Road
and Falda Del Cerro in Rancho San Diego.
The District recently completed a closed circuit televising (CCTV)
report for the North District sewer system in various areas of
Rancho San Diego and Spring Valley.The report found that the
section of sewer pipe between Hidden Mesa Road and Falda Del Cerro
in Jamacha Road has partially collapsed.This construction contract
will replace that portion of collapsed pipe.
This project is one out of five sewer projects that were added to
the FY 2010 CIP due to the results found in the CCTV report.This
project was advertised as a separate project in order to expedite
construction to coincide with the current construction occurring on
Jamacha Road for the 36-inch pipeline installation by CCL
Contracting (CCL).This sewer project must be completed before CCL
re-paves Jamacha Road in order to avoid a duplication of work in
that area.The current schedule for the 36-inch pipeline project
shows paving to be completed in May/2010.The completion of this
sewer project is scheduled for April/2010.
The design for this project was performed by a consultant/Lee &Ro/
Inc./as part of their current as-needed design contract with the
District.
The project was advertised for bid on the District/s website and
several other publications including the Union Tribune and San Diego
Daily Transcript.
A non-mandatory Pre-Bid Meeting was held on December 17/2009.A
presentation was given by staff to explain the project and discuss
any questions or concerns from the contractors.There were two (2)
contractors that attended the meeting and meeting minutes were
published.
Subsequently/one (1)addendum was sent out to all bidders and
planhouses to address questions and provide clarifications to the
contract documents during the bidding period.Bids were publicly
opened on January 7/2010 with the following results:
CONTRACTOR TOTAL BID CORRECTED
AMOUNT BID AMOUNT
1 Empire Pipeline $79/350 -
2 A.B.Hashmi Inc.$91/320 -
3 Palm Engineering Construction Co.Inc.$91/575 -
4 Burtech Pipeline/Inc.$97/000 -
5 Arrieta Construction/Inc.$101/247 -
6 SC Valley Engineering/Inc.$113/575 -
7 American Industrial Services $126/311 $126/310
8 Sim Engineering Inc.$127/750 $147/750
9 Zondiros Corporation $136/625 -
10 CCL Contracting $167/820 -
11 Schilling Paradise Corporation $178/120 -
The Engineer's Estimate is $117/000.
The evaluation process included reviewing all bids submitted for
conformance to the contract documents.American Industrial Services
had an error in their bid reducing their cost by $1.Sim
Engineering did not acknowledge Addendum No.1 in their bid,which
included an additional $20,000 allowance item to cover any changes
from Caltrans when their permit is finally received.
On January 8,2010,the lowest bidder,Empire,submitted a timely
request to the District to withdraw their bid due to a 'clerical
error'(see Exhibit B).Staff requested that Empire provide the
District with more information detailing their 'clerical error'(see
Exhibit C)and Empire responded with an explanation stating they
unintentionally left out $14,865 on Bid Item No.2 for removing and
replacing the 8-Inch PVC (see Exhibit D &Exhibit E).District
staff is satisfied that Empire made a mistake in their bid due to a
clerical error,and has met the requirements stipulated in Public
Contract Code Section 5103,regarding withdrawal of a bid.
Therefore,the District will not secure Empire's bid bond and staff
is recommending that the Board grant Empire's request to withdraw
their bid and approve award of the contract to the second lowest
bidder,A.B.Hashmi.
Staff reviewed the second low bid by A.B.Hashmi and found they
submitted a responsible bid and hold a Class A Contractors License
which expires on March 31,2011.References were checked and A.B.
Hashmi was found to be a qualified company.Staff also verified
that it can comply with the bonding requirements for this project.
Per the public competitive bidding process,Staff is recommending
the award of a construction contract to A.B.Hashmi in the bid
amount of $91,320.
FISCAL IMPACT:
The total budget for CIP S2021,as approved in the FY 2010 budget,
is $150,000.Total expenditures,plus outstanding commitments and
forecast,are $146,916.Based on a review of the financial budget,
the Project Manager has determined that the budget is sufficient to
support the project (see Attachment B for budget detail).
The Finance Department has determined that 100%of the funding is
available from the Replacement Fund.
STRATEGIC GOAL:
This project supports the District's Mission Statement,"To provide
the best quality of water and wastewater service to the customers of
the Otay Water District in a professional,effective,and efficient
manner"as well as the General Manager's vision,"...prepared for the
future..."by guaranteeing the District will always be able to meet
3
future water supply obligations and plan,design,and construct new
facilities.
LEGAL IMPACT:
None.
Gener1k~t~
P:\WORKING\CIP 52019 Avocado Sewer\Staff Reports\BD 2-04-10,Staff Report,52021 Bid Award,{DK-RR)v3.doc
DK/RR/RP:jf
Attachments:
QA/QC:
Attachment A
Attachment B
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
4
Date:01-14-/0
82021/001103
ATTACHMENT A
!SUBjECTjpRojECT:TA;:;;a~dofaConstruction Contract for the Jamacha Road 8-
Inch Sanitary Sewer Replacement Project
COMMITTEE ACTION:
The Engineering,Operations,and Water Resources Committee reviewed
this item at a meeting held on January 21,2010 and the following
comments were made:
•Staff is requesting that the Board authorize the General
Manager to execute a construction contract to A.B.Hashmi
Inc.(A.B.Hashmi)in an amount not-to-exceed $91,320 for the
construction of the Jamacha Road 8-Inch Sanitary Sewer
Replacement Project,and consent to the withdrawal of the bid
submitted by Empire Pipeline (Empire).
•Staff stated that a CCTV report showed a partially collapsed
sewer pipe in Jamacha Road between the intersections of
Hidden Mesa Road and Falda Del Cerro in Rancho San Diego.
•Staff indicated that the Sanitary Sewer Replacement Project
will replace 335 linear feet of sewer and is in the same
alignment as the 36-Inch Pipeline Project currently being
constructed by CCL contracting.The sewer must be replaced
before CCL re-paves Jamacha Road.It was indicated that the
schedule shows paving to be completed in May 2010 and that
the Sanitary Sewer Replacement Project is scheduled for
completion in April 2010.
•Staff indicated that the District advertised for bids on
December 10,2009 and that a pre-bid meeting was held on
December 17,2009 where two contractors were in attendance.
One addendum was sent out to address contractors'questions
and provide clarification to the contract documents.Eleven
bids were received and opened on January 7,2010 (the table
on page 2 of the staff report shows the results).
•Staff reviewed the bids and determined that Empire submitted
the lowest responsive bid at $79,350.However,Empire
Pipeline submitted a request to withdraw their bid due to
"clerical"error.District staff requested that Empire
provide an explanation with back-up documentation (see
Exhibits B,C,D &E).District staff and General Counsel
reviewed the information and determined that Empire's
withdrawal satisfied the Public Contract Code.
•The Committee thanked District staff for their efforts of
fast-tracking and aligning the projects.It was stated that
the aligning of the projects will minimize impact to the
community.The Committee inquired where CCL ranked in the
bids for the Sanitary Sewer Replacement Project.Staff
indicated that CCL was the second highest bidder for the
Project.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board as a consent item.
6
ATTACHMENT B
Otay Water District
82021 •Jamacha Road a-inch sewer Main Replacement
Date Updated:December 29,2009
Outstanding ProjectedFinalBudgetCommittedExpendituresCommitment&Vendor/Comments
$150,000 Forecast Cost
Planning _._-_.-1------_._-----~-_..._---f---.--.---.---.----
Labor 3,587 3,587 3,587
Total Planning 3,587 3,587 -3,587
Design
Labor 7,275 7,275 7,275------_.._-------.-.,_.,...,-------_..._----.._-_.._-..._--.---.__._"..•..---_.._._-------Consultant Contracts 9,474 4,684 4,790 9,474 LEE &RO INC
Total Design 16,749 11,959 4,790 16,749
Construction _.__._"---_.-----_..-----._----...-._----..._....
Labor 30,210 149 30,061 30,210
Regulatory Agency Fees 50 50 -50 PETTY CASH CUSTODIAN
Construction Contract 91,320 91,320 91,320 A.B.HASHMI
AccpUclose--out 5,000 5,000 5,000
Total Construction 126,580 199 126,381 126,580
Grand Total 146,916 15,746 131,171 146,916
QA/QC:
Date:t:>1~J~..,O
CIP#S2021
-~---DE CER 0''''-.
HELlXWD
OT AY WA TER DISTRICT
JAMACHA ROAD
8"SANI TARY SEWER
REPLACEMENT PROJECT
EXHIBIT A
VICINITY MAP
IMPERIAL
BEACH
."...
'".....,...
~~~_~---~l ~---------.
~c
'"~e:~~~:-<:0.__
IEXHIBIT BI
EMPIRE PIPELINE
Plumbing &Underground Utilities
January 8,2010
Otay Water District
2554 Sweetwater Springs Blvd.
Spring Valley.CA 91978-2004
Attention:Daniel Kay
Re:Jamacha Rd a-Inch Sanitary Sewer Replacement -CIP $2019
Dear Sir:
We would like to formally withdraw our bid for the Jamacha Rd 8-lnch Sanitary
Sewer Replacement-CIP S2019.which we submitted January 7..2010.
Due to a clerical error we are requesting that our proposal be withdrawn from
this project.
If you have any questions.please do not hesitate to contact us.Thank you for
your attention to this matter.
Sincerely.
.~~
A Subsidiary of Phil Rado.Inc.lic.#760566
1945 Camino Vida Roble.Suite 'E'Carlsbad.CA 92008
Phone:(760)603-0217 Fax:(760)603-9733
IEXHIBITC I
January 11,2010
...<:Dedicated to COllllllulllt~,ge~lIice
2554 SWEElWATERSPRINGSBOULEVARD,SPRINGVALLEY,CALIFORNIA91978-2004
TELEPHONE:670-2222,ARSA CODE 619 www.otaywal9f.gov
Sent Via E-mail and US mail
Project No.:52019-001103
Phil Rado
President
Empire Pipeline
1945 Camino Vida Roble,Suite E
Carlsbad,CA 92008
Subject:Jamacha Road 8-lnch Sanitary Sewer Replacement
Dear Mr.Rado:
We are in receipt of Anita Davidson's January 8,2010,letter requesting withdrawal of
your bid for the subject project.
Although we received your request within the statutory time limit according to PCC
Section 5103(b),the statute requires that you specify in detail how the clerical error
occurred.Please provide relevant actual bid information and paperwork to substantiate
your error.
At this time,pursuant to pec Section 5103 you have not established viable cause for
the Otay Water District (District)to allow withdrawal of your bid without consequence.
Section 00100,Articles 19 and 20,of the contract documents specifically address the
District's right to hold the bid bond for a period of 60 days after the bid opening.In
addition,if the District's Board of Directors awards a contract to Empire Pipeline
(Empire)for this project and Empire fails to execute the contract,Empire's bid bond will
be forfeited.As such,the District is proceeding with award of the project to your firm.
Should you have any questions or comments,please do not hesitate to contact me at
619·670·2247.
Sincerely,
b~D~T
Daniel Kay,~
Associate Engineer
DK:mlc
cc:Rod Posada
Ron Ripperger
Aerobel Banuelos,General Counsel
P:\WORKING\CIP 52019Avocado Sewer\Staff Reports\Emplre Bid Withdraw!Request 1-11-10a.doc
IEXHIBIT 0 I
EMPIRE PIPELINE
Lie.#760566,SBE Cert.#30025
Plumbing &Underground Utilities
January 11.2010
otay Water District
2554 Sweetwater Springs Blvd.
Spring Valley.CA 91978''-2004
Attention:Daniel Kay
Re:Jamacha Rd 8-lnchSanitarv Sewer Replacement '-CIP 52019
Dear Sir:
Afterreviewing our bid proposal and spreadsheets for the above referenced
project we have discovered an error in the cost for line item #2 (Remove and
Replace 8"Sewer).There was a cost of $14.865.00 left out unintentionally.When
the unit prices were written 01'1 the bid schedule we did not realize the cost of
$14.865.00 was not accounted for in the formula on our spreadsheet for line item
#2 (Remove and Replace 8"Sewer).
The $14.865.00 included the costs to saw-cut.remove.handle.and dispose of
existing asphalt.It also included the cost ofthe new Class 2 Base.For your
information below is the cost breakdown of the $14.865.00.
1.Labor &Equipment $487.68 x 20 hrs.=$9753.00
2.Class 2 Base $17.60x 120 ton =$2112.00
3.Outside Trucking $125.00 x 16 hrs =$2000.00
4.Landfill /Disposal =$1000.00
Empire Pipeline is a small business enterprise and cannot afford to incur the cost
of $14.865.00 and accept this project.By taking this project Empire Pipeline can
suffer financial hardship and possibly end up out of business.For these reasons
Empire Pipeline is requesting that the Otay Water District allow Empire Pipeline to
withdraw our bic::j for the Jqmacha Rd 8-lnch Sanitary Sewer Replacement-CIP
S2019,which we submitted January 7.2010.
I await your prompt response.If you have any questions.please do not hesitate
to contact us.Thank you for your attention to this matter.
S.inc.e...rely..•.L.....44/AaiD~dSon
Empire Pipeline
A Subsidiary of Phil Rado.Inc.
1945 Camino Vida Roble,Sult~'J'Carlsbad,CA92008
Phone:(760)603·0217 Fax:(760)603·9733
EMPIRE PIPELINE IEXHIBIT E I
1945 Camino Vida Roble,Suite 'J'
Plumbing &Underground Utilities Carlsbad,CA 92008
A subsidiary ot Phil Rado Inc.Lie #760566 P:(760)603·0217 F:(760)603-9733
I BID PROPOSAL
Date:01/07/10
Bid #1004
Project:Jamacha Rd Sewer Replacement
Location:Jamacha Blvd
City:Spring Valley
Plan Title:
Plan Date:
Description of Work
Item 1 Mobilization,demob,insurance,bonds Qty Unit Unit Price Amount
1 Mobilization,demob,1 Ls 1,200.00 1,200.00
3 bonds 1 Ls 1,400.00 1,400.00
4 survey 1 Ls 800.00 800.00
5 SWPPP 1 Ls 500.00 500.00
6 Porta-john 1 Ls 300.00 300.00
7 mise 1 Ls 500.00 500.00
Total 4,700.00
Item 2 Remove &replace 8"Sewer Qty Unit Unit Price Amount
1 Labor 40 hrs 332.00 13,280.00
2 Equipment 40 hrs 125.00 5,000.00
3 Trench Shoring &plates 1 Ls 1,400.00 1,400.00
4 Traffic Control 1 Ls 2,500.00 2,500.00
5 Pipe &Fittings 340 Lf 3.25 1 105.00
6 Bedding Materials -3/4"rock 90 ton 19.60 1,764.00
7 Import DG for backfill 150 ton 10.00 1,500.00
8 Remove and dispose of spoils 240 ton 15.00 3,600.00
9 Remove and dispose of AC 1 Ls 14,865.00 14,865.00
Total 30,149.00
Item 3 Concrete Encasement Qty Unit Unit Price Amount
1 Labor 8 hrs 162.50 1,300.00
3 Equipment 8 hrs 50.00 400.00
4 Concrete 15 yd 120.00 1,800.00
5 Misc.1 Ls
Total 3,500.00
Item 4 Temporary Sewer Bypass Qty Unit Unit Price Amount
1 Bypass 1 Ls 3,500.00 3,500.00
2 Misc.1 Ls 500.00 500.00
Total 4,000.00
Item 5 Paving Qty Unit Unit Price Amount
1 Labor 16 hrs 330.00 5,280.00
2 Equipment 16 hrs 180.00 2,880.00
3 Asphalt 35 ton 120.00 4,200.00
4 Misc.1 Ls 540.00 540.00
5 Remove and dispose temp ac 1 Ls 1 100.00 1,1 00.00
5 Traffic Control 1 Ls 1,000.00 1,000.00
Total 15,000.00
Amount
2,000.00
Amount
20,000.00
Total 2,000.00
Unit Price
20,000.00
Unit Price
2,000.00
1945 Camino Vida Roble.Suite 'J'
Carlsbad,CA 92008
p:(760)603·0217 F:(760)603-97~33~~
01/07/10
Bid#1004
Project:Jamacha Rd Sewer Replacement
Location:Jamacha Blvd
City:Spring Valley
Plan Title:
Plan Date:
Qty Unit
1 Ls
Qty Unit
1 Ls
EMPIRE PIPELINE
Plumbing &Underground Utilities
A subsidiary of Phil Rado Inc.Lie #760566~
Item 7 Permit Allowance
Permit Allowance
Item 6 Unknown utility /service lateral
Unknown utility Iservice lateral
Total 20,000.00
Total for this project 79.349.00
2
AGENDA ITEM 81
STAFF REPORT
TYPE MEETING:Regular Board MEETING DATE:February 3,2010
1,4DIV.
NO.
R2094-
001103
P2496-
001103
PROJECT!
SUBPROJECTS:
Rod posadM~.
Chief,Engineering
Manny Magafia~~N4~~
Assistant GeneralCJanager,Engineering and Operations
Authorization to Execute a Reimbursement Agreement Between
the City of Chula Vista and Otay Water District for the
Otay Lakes Road 12-Inch Recycled Water Pipeline and
Potable Utility Relocation Project
Ron Ripperger ~
Engineering Manager
SUBJECT:
SUBMITIED BY:
APPROVED BY:
(Chief)
APPROVED BY:
(Ass!.GM):
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District)Board of Directors
(Board)authorizes the General Manager to execute an Agreement
between the City of Chula vista (City)and the District for
reimbursement to the City for construction costs associated with
the Otay Lakes Road 12-Inch Recycled Water Pipeline and Potable
Utility Relocation Project (Recycled Pipeline)in an amount not
to exceed $1,100,000 (see Exhibit A for project location)
COMMITTEE ACTION:
Please see Attachment A.
PURPOSE:
To obtain Board authorization for the General Manager to execute
an Agreement (Attachment B)with the City for costs associated
with construction of the Recycled Pipeline and Potable utility
Relocations.The Agreement provides that the District will
reimburse the City for up to $1,100,000.
J.
ANALYSIS:
The City plans to complete road improvements on portions of Otay
Lakes Road and "H"Street,near Southwestern College in Chula
Vista,as part of its goal to maintain and improve City streets.
Currently,City staff envisions this work occurring over the
next few years in three separate phases.Phase I will focus on
improving the intersection of Otay Lakes Road and "H"Street and
widening Otay Lakes Road down to Southwestern College's main
entrances.The later phases,as Exhibit A shows,will focus on
improving Otay Lakes Road southerly to Telegraph Canyon Road.
However,information provided by the City indicates that Phase
III may not be required.
In order to minimize impacts to the Chula Vista community,
District staff and City staff are coordinating their efforts to
combine the contract documents for the Recycled Pipeline,
Potable Utility Relocations,and the Road Improvement work into
one bid package.The City will incorporate the District's
project plans into their bid package and bid their project and
the District's as one project.The City will advertise the
"Project"in mid-February and provide bid support during the bid
period.District staff will assist the City where needed.The
City anticipates awarding the Project in April 2010.
Currently,recycled water is available in Telegraph Canyon Road.
By including the Recycled Pipeline in the City's road
improvement work,installation of the Recycled Pipeline can be
accomplished earlier than anticipated and thereby make available
recycled water to nearby customers including Southwestern
College,Bonita Vista High School,and the Apache Drive Condos.
Lee &Ro is designing the pipeline for the District.The
contract documents for the Recycled Pipeline will be completed
in early February in order to be able to incorporate them into
the overall Project.The construction cost for the Recycled
Pipeline project is estimated at $1,040,000.The utility
relocation costs for the City's road improvement work is
estimated at 60,000 for a total estimated cost of $1,100,000.
The attached agreement (Attachment B)provides for reimbursement
to the City to cover the actual "as-bid"construction cost plus
a 10%contingency for the purpose of reimbursing the City for
progress payments made to the contractor.
2
~~~
FISCAL IMPACT ~
Funding for ~overall project comes from two CIP projects,
R2094-Potable Irrigation to Recycled,and P2496-0tay Lakes Road
Utility Relocations.
The total budget for CIP R2094 for the next six years is
$2,000,000.Expenditures to date are $72,730.Total
expenditures,plus outstanding commitments and forecast to date,
are $1,213,318.See Attachment C for budget detail.
The total budget for CIP P2496,as approved in the FY 2010
budget is $100,000.Expenditures to date are $15,931.Total
expenditures,plus outstanding commitments and forecast,is
$99,887.See Attachment D for budget detail.
Based on a review of the financial budgets,the Project Manager
has determined that each budget is sufficient to support the
project.
The Finance Department has determined that 100%of the funding
is available from the Expansion Fund for CIP R2094 and that 100%
of the funding is available from the Replacement Fund for CIP
P2496.
STRATEGIC GOAL:
This project supports the District's Mission Statement,"To
provide the best quality of water and wastewater service to the
customers of the Otay Water District,in a professional,
effective,an.d efficient manner"and the Otay strategic goal,in
planning for infrastructure and supply to meet current and
future potable water demands.
LEGAL IMPACT:
The District's General Counsel and the City's City Attorney have
reviewed and accepted the Agreement as to form and legality.
P:\WORKING\CIP R2094\Subproject 00l\Staff Reports\BD 02-03-10,Staff Report,City of C.V.Reimbursement,(RR-RP)v2.doc
RR/RP:jf
3
Attachments:
QA/QC Approved-
Attachment A
Attachment B
Attachment C
Attachment D
Exhibit A
Name:
4
Date 1-14 ~fa
ATTACHMENT A
:SUS:]EcrjpFi6:iEe;T:TAiuthorization to Execute a Reimbursement Agreement Between
R2094-001103 the City of Chula Vista and Otay Water District for the
P2496-001103 Otay Lakes Road 12-Inch Recycled Water Pipeline and Potable
utili Relocation Pro ectL.,00...c',
COMMITTEE ACTION:
The Engineering,Operations,and Water Resources Committee
reviewed this item at a meeting held on January 21,2010 and the
following comments were made:
•Staff is requesting that the Board authorize the General
Manager to execute an Agreement between the City of Chula
Vista (City)and the District in an amount not-to-exceed
$1,100,000 for reimbursement to the City for construction
costs associated with the Otay Lakes Road 12-Inch Recycled
Water Pipeline and Potable utility Relocations Project
(Recycled Pipeline).
•Staff indicated that the City plans to complete road
improvements on portions of Otay Lakes Road and "R"Street
in Chula Vista.Staff stated that in order to minimize
impacts to the Chula Vista community,District and City
staff are coordinating their efforts to combine the
contract documents for the Recycled Pipeline,Potable
Utility Relocations,and the Road Improvement work into one
bid package.
•Staff indicated that the City will incorporate the
District's project plans into their bid package and bid it
as one project.The City will advertise the "Project"in
mid-February and provide bid support during the bid period.
The City anticipates awarding the Project in April 2010.
It was indicated that District staff will collaborate with
City staff during the bid phase and during construction to
ensure the pipeline is built to District standards.
•It was discussed that the City's Otay Lakes Road
improvement project is planned for three phases,wherein
the District's pipeline project will be part of Phase I.
•It was discussed that the reimbursement agreement between
the City and District provides for the District to submit a
deposit to the City for the actual construction costs plus
a 10%contingency for the purpose of reimbursing the City
for progress payments.The construction cost including the
10%contingency is estimated at $1,100,000.
•Staff provided a copy of the draft agreement with the staff
report sent to the Committee as part of their committee
package and stated that it had been reviewed by staff and
general counsel.Staff indicated that there were minor
changes made to the draft agreement after the committee
package was sent out.The District's general counsel
reviewed the draft agreement with the inclusion of the
minor changes and approved the agreement as to form and
legality.The revisions are shown below:
1.Section 3.2:Change nCity's contractor"to nCity"
2.Section 5.2:Delete space before ncollectively"
3.Section 5.2:Change ndistrict"to nDistrict"
4.Section 5.2:Change ntheir portion"to nits portion"
5.Section 8.2:Revise sentences to read nDistrict
agrees to pay its pro rata share costs City incurs
enforcing the indemnity and defense provisions set
forth in Article V.These costs shall be considered
joint costs."
6.Section 8.3:Change nConsultant's"to nThe Parties"
7.Section 11.22:The City added a provision requiring
Otay to comply with notice requirements under the
City's Municipal Code,Section 1.34,before a suit or
arbitration procedure can commence.This clause also
required the District to meet and confer with the City
before the filing of such action against the City.
This provision should be modified to provide that the
City will meet and confer with the District in good
faith before filing a suit or arbitration action
against the District.
•Staff indicated that the draft agreement including the
revisions constitutes the final agreement and will be
submitted to the Directors for consideration at the
February 3,2010 Board Meeting.
Following the discussion,the Committee supported staffs'
recommendation and presentation to the full Board as an action
item.
SUBJECT/PROJECT:
R2094-001103
P2496-001103
ATTACHMENT B
Authorization to Execute a Reimbursement Agreement Between
the City of Chula Vista and Otay Water District for the
Otay Lakes Road 12-Inch Recycled Water Pipeline and Potable
Utility Relocation Project''...
REIMBURSEMENT AGREEMENT FOR PAYMENT OF COSTS OF
CONSTRUCTION AND INSTALLATION OF DISTRICT FACILITIES
BY AND BETWEEN THE OTAY WATER DISTRICT
AND THE CITY OF CHULA VISTA,CALIFORNIA
(OTAY LAKES ROAD WIDENING,RECLAIMED WATER PIPELINE,AND
UTILITY RELOCATION PROJECT)
THIS REIMBURSEMENT AGREEMENT FOR THE PAYMENT OF COSTS OF
FACILITIES,dated
Otay Water District
')to establish terms
structed certain District
r all expenses related
y"and collectively
ws,to contract and to pay
y building,facility,structure
a District service;and
rovements to Otay Lakes Road between
and to East H Street,from Otay Lakes
entrance to Southwestern College;such
adway widening,construction of curb,gutter,
uction of retaining walls,relocation of utilities,and
of traffic signals and street lighting ("City
struction of District Facilities concurrently with City
te a substantial benefit to District and the City,which benefits
to,reductions or savings in terms of time,money,construction
cts;and
WH
Improvements
include,but are no
hazards,and traffic i
CONSTRUCTION AND INSTALLATION OF DISTRICT
,2009,is entered into by and between--------("District")and the City of Chula Vista,a municipal corporatio
and conditions pursuant to which City will bid and cause t
Facilities,defined herein below,and District will reimb
thereto.District and City may be referred to herein in .
as the "Parties."
WHEREAS,in order to achieve such benefits,District desires that City incorporate
the construction and installation of District Facilities into the construction documents and
contract for City Improvements
WHEREAS,City is willing to do so,provided District submits complete plans and
specifications for said District Facilities and agrees to reimburse City for all associated costs;
and
NOW,THEREFORE,in consideration ofthe mutual covenants herein contained,it is
agreed by and between the Parties hereto,as follows:
ARTICLE I.DEFINITIONS
1.1 Definitions.Unless the context otherwise requires,the terms defined in this Section 1
shall,for all purposes ofthis Reimbursement Agreement and of any amendment hereto,
and of any certificate,opinion,estimate or other document herein mentioned,have the
meanings herein specified.
t and Otay
al corporation duly
s of the State of
.ct duly organized and
rth in the California
ociated with the construction
.~d to,costs ofmaterials,
are ofJoint Costs.
of potable facilities and the
own in Exhibit A hereto,as the
lvely,District Facilities and City Improvements.
ARTICLE II.PRECONSTRUCTION
on and installation of the Project,which,
ed solely to District Facilities or City
th derive benefit or those costs that both Parties would
ilities been constructed independently ofeach other
cessary to cover the District's trench and would also
street).
"District Facilities"
installation of a 1
same may be a
"District Costs"means the total
and installation ofthe District Faci
labor,oversight,bidding,permits,ch
"City Improvements"means,collectively,
Lakes Road (Phase I ofCity CIP Project No.S
"City"means the City ofChula Vista,California,a
organized and existing under and by virtue of t
California.
"District"means the Otay Water District,a municipal water d'
existing under the Municipal Water District Law of 1911,
Water Code.
2.1 Design and Specifications -Generally.Prior to advertisement of a Request for Proposals
("RFP")for the construction and installation ofProject,District shall submit designs and
all associated plans and specifications (collectively "Construction Documents")for the
District Facilities to the City.
2.1.1 Approval.Prior to submission,an authorized representative of District shall
approve the Construction Documents,submittal of which shall indicate such
approval and grant to the City permission to include the Construction Documents
in the RFP.
2
2.1.2 Costs.All costs associated with the design of a Party's facilities and the
preparation ofConstruction Documents shall be borne solely by such Party.
2.1.3 Bidding and Award -Generally,.City shall be responsible for all aspects of
bidding and award of a contract for the construction and installation of the
Project ("Construction Agreement").
2.1.3.1 Bid Package.City shall be responsible for preparing and circulation the
bid package.
s and shall inform the
at a representative of
s related to and prepare
·ties.
shall be responsible for
the behalf of itself and the
e IS IS identified as a third-party
nt with t e same rights and remedies as the
City WI 1include provisions in the Construction
acilities furnished,constructed,and installed by
pliance with the approved plans and specifications
11 m erials furnished by City's contractor must conform to
1list,and that any and all deviations from said plans and
roved by District,in writing,prior to being incorporated into
a.
Meetings.City shall organize all pre-bid mee .
District ofthe time and date of such meeti
the District may be present to clarify an
addenda for the construction ofthe D'ct
2.1.3.2
provI
District
specificati
the work.
2.1.3.4
2.1.3.3
3.1
3.1.1 Right to force.District shall have the right to enforce the terms ofSection 3.1
against the City's contractor in the same manner as the City,and pursuant to
Section 11.17 such rights shall be written into the Construction Contract.
3.2 Project Completion and Warranty.District and City anticipate that Project will be
completed on or about December 31,2010.Project,however,will not be deemed
completed or accepted until both City and District have accepted their respective
facilities or improvements.The City's contractor shall warrant all work for a period ofno
less than one year from the date of acceptance,which shall be deemed to be the latter of
the dates District and City accept their facilities.Acceptance will be evidenced by the
3
filing ofa Notice ofCompletion by the City's contractor with the County ofSan Diego
Recorder.The Construction Contract shall include this definition ofproject completion
and acceptance.
ARTICLE IV.REIMBURSEMENT OF COSTS
nvoice")following the
Costs appear.The
may be apportioned as
espective percentages ofTotal Project Costs.
necessary for both the installation and
provements and the District Facilities,Joint
be divI ed equally.
r methods to which the Parties mutually agree.
I charge payable by District.4.2.4
4.2.3 Show calculations apporti
4.2.3.1
4.2.2
4.2.1 Include a copy ofthe contractor's i
4.2 Invoice.City shall invoice the District for District C
receipt of an invoice from City's contractor on w
City Invoice shall:
4.1 Deposit Account.Within thirty (30)calendar days of the Construction Agreement
award,District shall deposit with the City an amount equal to one hundred (100)percent
of the bid amount attributable to the construction and installation of District Facilities,
plus a ten (l0)percent contingency ("District Deposit")for the purpose of reimbursing
the City for progress payments made by City to City's contra for the installation of
District Facilities.
4.3 District Approv istrict shall review and approve the City Invoice within thirty (30)
calendar days 0 its receipt ("Review Period").If District determines that all relevant
documents have not been submitted,District shall inform the City of the need for
additional information and specify the documents/information necessary to permit
review and approval.
4.3.1 Failure to Approve.If District fails to approve the City Invoice or request
additional information within the Review Period,the charges on the City Invoice
shall be deemed approved.
4
4.4 Reimbursement.Following District approval of a City Invoice,City shall deduct the
invoice amount from the District Deposit for the purpose of reimbursing the City for
District Costs invoiced by and paid to City's contractor.District approval of a City
Invoice shall be deemed District's authorization for such reimbursement in the amount of
the City Invoice.
e used for unforeseen
.ed due to contractor's
truction Agreement
losses resulting
rders.With the exception of
e or change order concerning
provements that might
n consent ofDistrict.
ond to a change order request
eived by District.
ny increased costs due to a delay in
ction change and/or change order request.
may authorize contractor to proceed with any proposed
rders,without consulting with District or obtaining
ailure to act immediately would pose a danger to the
the Ie discretion of the City,or result in delays and cost
Emergency");however,the City shall use best efforts to
as reasonably possible,inform the district the changes.The
sible for any increased costs of construction of their portion of
ergency.
publi
overrun
immediatel
District shall
Project due to an
5.1.2
5.1.1
4.4.1 Withholding/Retention.From each payment to the contractor,City shall
withhold a minimum of ten (10)percent of the amount of the contractor's
invoice.Payment thereof shall not be made until final approval and acceptance.
A similar retention shall be withheld from the reimbursement to the City from
District Deposit.
ARTICLE V.C
4.5 Use of Project Contingency.The Project Contingenc
changes in work;however it shall not be used for:(i)
failure to perform work or services according to the
and/or in compliance with the Construction Doc
from the negligence of contractor.
5.1
5.3 Errors and Omissions.City shall not make payment to contractor or charge District for
any costs or expenses of a Change Order resulting from an error or omission for which
the contractor is solely responsible.
ARTICLE VI.INSPECTION
6.1 Inspection Team.District shall appoint an individual or team responsible for inspections
and approving installation ofDistrict Facilities.
5
6.2 Inspection Stages and Obligations.District shall have the right to conduct inspections of
the District Facilities and construction methods pertaining thereto as deemed necessary
by District.District shall provide copies of all District inspections to City within five (5)
working days of an inspection.District shall be responsible for verifYing that all work on
District Facilities is completed in accordance with the approved plans and specifications.
It is specifically understood that District's inspectors shall have the authority to enforce
District's plans and specifications for District Facilities,which authority shall include the
authority to require that any and all unacceptable materials,workmanship,and/or
installation be replaced,repaired,or corrected by City's contractor without cost to
District and/or City.
6.3 Inspection Costs.All inspection costs incurred by District
ntain insurance as customary in connection
VIII.INDEMNITY
7.2
7.1
6.4 Notification.The Parties agree to develop mutually ac
notification ofinspections required or deemed nece
8.1 Inde Each Party eto a rees to defend,indemnify,protect,and hold harmless
("Indem ")the oth arty,its agents,officers,and employees ("Indemnitees")from
and against nd all ims asserted or liability established for damages or injuries to
any property including death or dismemberment,which arise from or are
caused by the ne nt acts or omissions or willful misconduct ofthe Indemnitor's
agents,officers employees,in performing the work or services herein and all expenses
ofinvestigation and defending against same;provided,however,that each Party's duty to
defend,indemnify and hold harmless the other shall not include any claims or liability
arising from the sole negligence or willful misconduct ofthe other Indemnitee,its agents,
officers or employees.District and City agree that in the event ofany joint or concurrent
negligence,they will apportion any established or agreed upon liability proportionate to
their respective degree offault.For the purposes ofthis provision,the City's contractor
shall not be considered an agent ofthe City or District.Claims related to the actions or
omissions ofthe City's contractor shall be address through provisions in the
6
Construction Contract,which provisions shall include indemnity,defense,and hold
harmless provisions from the City'c contractor in favor of both the City and District.
8.2.Enforcement Costs.Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
8.3.Survival.Consultant's obligations under Article V shall survive the termination ofthis
Agreement.
ARTICLE IX.RECORDS
a and records related
ree (3)years following
itted to be given by one Party to
ed by law,any demand upon or notice
arty to the other Party shall be effective:(i)
e second business day after mailing by certified or
equested,(iii)on the succeeding business day after
'1 or deposit with a private delivery service of general use
osta e or fee prepaid as appropriate,or (iv)upon successful
ds or notices required or permitted to be given shall be sent to all10.3 Recipients.
ofthe followin
10.1 Writing.Any de
the other Part
9.2 Audit of Records.City shall make available an
available to District for examination at reaso
Diego and at any time during normal busi
necessary,all of the data and records
Agreement and the Construction Agreement.Ci
to make audits of all invoices,materials,payrolls,
and media relating to all matte vered by this
Agreement.
9.1 Retention of Records.City shall require contractor to main
to this Construction Agreement for a period of not less
receipt offinal payment.
10.3.1 District:
Otay Water District
2554 Sweetwater Springs Boulevard
Spring Valley,California 91978
Fax:619-670-8920
Attention:District Project Manager
10.3.2City:
7
City ofChula Vista,Public Works -Engineering,276
Fourth Avenue
Chula Vista,California 91910
Fax:(619)691-5171
Attention:City Project Manager and Director ofPublic Works.
10.4 Change of Address(es).Notice of change of address shall be given in the manner set
forth in this Article.
ARTICLE XI.MISCELLANEOUS
'nto this Agreement and
Its and references incorporated into this
n ngs of the Parties concerning the matters
o change,alteration,or modification of the terms or
o verbal understanding ofthe Parties,their officers,
d unless made in the form of a written change agreed
rties an amendment to this Agreement agreed to by both
ions and agreements are merged into this Agreement.
nforceability,invalidity,or illegality of any provision of this
ot render any other provision of this Agreement unenforceable,
11.6 Integration.
Agree
cov
11.7 Severability.
Agreement sh
invalid,or illeg
11.5 Covenants and Co
covenants or co
both covenant
11.4 Incorporation of Recitals.
are made a part hereof.
11.2 Gender &Number.Whenever the context re
gender includes the masculine and the femi
includes the plural number.
11.1 Headings.All article headings are for convenience
interpretation ofthis Agreement.
11.8 Drafting Ambiguities.The Parties agree that they are aware that they have the right to
be advised by counsel with respect to the negotiations,terms and conditions of this
Agreement,and the decision ofwhether or not to seek advice of counsel with respect to
this Agreement is a decision that is the sole responsibility of each Party.This
Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting ofthe Agreement.
8
11.9 Conflicts Between Tenns.If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits,the main body ofthis Agreement shall
control.If a conflict exists between an applicable federal,state,or local law,rule,
regulation,order,or code and this Agreement,the law,rule,regulation,order,or code
shall control.Varying degrees of stringency among the main body of this Agreement,
the Exhibits,and laws,rules,regulations,orders,or codes are not deemed conflicts,and
the most stringent requirement shall control.Each Party shall notify the other
immediately upon the identification of any apparent conflict or inconsistency
concerning this Agreement.
condition set forth in
ther in good faith,and
ent.
all govern and control the
The venue for any suit or proceeding
r application of any of its terms,or any
Coun of San Diego,State of California.The
eding shall be entitled to a reasonable award
yother award made in such suit or proceeding.
ng contained in this Agreement shall be construed as
f the District or the City as a chartered city ofthe State
Exhibit A
11.
11.14 Controlling Law.
terms and conditio
11.13 Exhibits.Each ofthe following Exhibits is att
this reference:
11.12 Further Assurances.City and District each
documents as may be required to effectu
11.11 Good Faith Performance.The parties shall cooperat
assist each other in the performance ofthe provis'
11.10 Prompt Performance.Time is ofthe essence ofeach covenan
this Agreement.
11.17 Third Part ships.Nothing in this Agreement shall create a contractual
relationship n City or District and any third party;however,the City shall
ensure that th District is an intended third party beneficiary of the Construction
Agreement and shall share all ofthe rights and benefits of the City with respect to the
contractor.
11.18 Limitation on District Remedies and Waiver of Claims.District understands that the
sole purpose of this Agreement is to establish a method to reimburse the City for
obligations of the District for payment ofthe costs of the installation and construction
of District Facilities,which costs would otherwise be due directly to the City's
contractor.In accordance with such purpose,the District agrees that its sole remedy
for construction defects,breach by City Contractor,damage to property or persons,
9
including death,to district personnel or any third parties,or other claims arising out of
or related to the work performed to install and/or construct District Facilities shall be
against the City's contractor or its subcontractors and agents,and,hereby,waives any
and all claims it may hereafter have against the City,arising out ofthe same,except for
those claims arising out ofthe sole negligence or sole willful misconduct ofthe City.
District,hereby,expressly waives all claims against the City identified in Section
11.18:
DISTRICT REPRESENTATIVE:_
created by this
greement
ted by this
trict to insist upon the strict
.of this Agreement,nor
a breach ofany covenant,
aiver of any such breach of
reach shall affect or alter this
conditio ,and term hereof shall continue in
quent breach.
rocedures.No suit or arbitration shall be
ainst the City unless a claim has first been
with the City and acted upon by the City in accordance
apter 1.34 of the Chula Vista Municipal Code,as
mended,the provisions ofwhich are incorporated by
set rth herein,and such policies and procedures used by the
ion of same.Upon request by City,District shall meet and
th City for the purpose ofresolving any dispute over the terms
thi
City i
confer in
ofthis Agre
DATE:------
11.21 No Waiver.No failure of eit
performance by the other of any
any failure to exercise any right or
term,or condition of this Agreeme
such covenant,te ondition.N
Agreement,and
full force an
11.20 Successors in Interest.This Agreement an
Agreement shall be in force and effect
have been succeeded by another entity,
Agreement shall be vested and binding on any
11.19 Non-Assignment.Except as relates to the Construct"
assign the obligations under this Agreement.
11.23 Dispute Resol ion.If a dispute arises out of or relates to this Agreement,or the
breach thereof,the Parties,following the procedures required by Section 11.22,agree
to engage in good faith negotiations to attempt to resolve the dispute.In the event of
any action at law or in equity,including an action for declaratory relief,between the
Parties arising out of or relating to this Agreement,then the prevailing party in such
action will be entitled to recover from the other party a reasonable sum as attorneys'
fees and costs.The prevailing party will be determined in accordance with Civil Code
Section 1717(b)(1)or any successor statute.The prevailing party will also be entitled
to its reasonable attorneys'fees and costs in any post-judgment proceedings to collect
10
or enforce the judgment.This provision is separate and will survive the merger ofthis
Agreement into any judgment on this Agreement.
11.24 Administration of Contract.City hereby designates Kirk Ammerman,Principal Civil
Engineer,as City Project Manager for the construction of Project and as the primary
contact for all matters relating to this Agreement, including the submittal of City
invoices for reimbursement.
on behalf of such Party
half of the City and/or
hereto harmless ifit
District hereby designates Ron Ripperger as District Project Manager for District
Facilities and as the primary contact for all matters relating to this Agreement,
including the processing,documenting,and approval of City'ices.
Donna Norris,City
By:-'
Attest:
City ofChula Vista
Dated:------,,#ii
11.25 Signing Authority.The representative for each Party
hereby declares that authority has been obtained to
District,as applicable and agrees to hold the othe
is later determined that such authority does not
Approved as to form:Approved as to form:
Bart Miesfeld,City Attorney District Counsel
Dated:-----------Dated:----------
11
IN WITNESS HEREOF,District and City have executed this Reimbursement
Agreement to be effective as ofthe day and year first above written.
CITY OF CHULA VISTA
By:_
Cheryl Cox,Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
OTAY WATER DISTRICT
By:-----,
Mark Watton,
12
ATTACHMENT C
'suaJEcTiPRoJEcr·:·-TA;:;:·tho~i~'a t i on to Exe c;:;:t~an Ag re~~~~t ·B~t-;;;~~·~'th~City of
R2094-001103 !Chula Vista and Otay Water District for the Otay Lakes Road
:P 2496-0011 03.J.~..~..~_I_~_:'~.:':.:'.~~~.:~_.::.~:.:__~~~_~~~n:~.~.~.~..:_:.~._............._.1
Olay Water District Date Updated:January 11,2010
Budget Committed Expenditures Commitment&ProjectedFinal Vender/CommentsCostl,UUU,UUU Forecast
Plaoolng
Labor 31,090 31,090 31,090
ProfessionalLegal Fees 1,560 1,560 1,560 GARCIACALDERON &RUIZ LLP
Total Planning 32,650 32,650 .32,650
Design
Labor 8,050 8,050 8,050
Consultant Contracts 11,952 11,952 11,952 LEE&ROINC
Total Design 20,002 20,002 20,002
Construction
Labor 50,000 92 49,908 50,000 InspectionCosts
Consultant Contracts 62,233 16,554 45,680 62,233 LEE&RO INC
l:onSlrUCUOnl:ontraC15 l,U<lU,UW 1,040,000 1,U4U,UUIJ City ofChula Vista
Accptlclose-out 5,000 5,000 5,000 Staff Labor
Total Construction 1,157,233 16,645 1,140,588 1,157,233
Aecom-Agave &Saguaro
Labor 92 92 92
ConsullantContracts 3,342 3,342 -3,342 AECOM USA INC
ToIal Aecom-Agave &Saguaro 3,434 3.434 3,434
Grand Total 1,213,318 72,730 1,140,588 1,213,318
QA/QC Approved:
Name:Date:
ATTACHMENT D
~5UBJE'cTipROJECT':"'rA~-t'ho'~i-~-atIon t o'E~~cut~""'a~Ag~~~~~~t"B~-t~e en th~"cityof--'
R2094-001103 i Chula Vista and Otay Water District for the Otay Lakes Road
P2496-001103 i 12-Inch Recycled Water Pipeline Project
I.....1 .__
Olay Water District Date Updated:January 14,2010
Outstanding ProjectedFinalBudgetCommiUedExpendituresCommItment&Vendor/Comments
100,000 CostForecast
Planning
Labor 1,560 1,560 1,560
Professional Legal Fees 229 229 -229 GARCIA CALDERON &RUIZ LLP
Total Planning 1,789 1,789 -1,789
Design
Labor 11,390 11,390 11,390
Consultant Contracts 7,009 2,303 4,706 7,009 LEE &RO INC
Total Design 18,399 13,693 4,706 18,399
Construction
Labor 19,500 250 19,250 19,500
Consultant Contracts 200 200 -200 LEE &RO INC
Construction Contract 60,000 60,000 60,000 CITY OF CHULA VISTA
Total Construction 79.700 450 79,250 79,700
Grand Total 99,888 15,931 83,956 99,887
QA/QC Approved:
Name:Date:01'Ii •10
CIP P2496
CIP R2094
OTAY WATER DISTRICT
Otay Lakes Road Recycled Water Pipeline
and Utility Relocation Project
EXHIBIT A
250