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HomeMy WebLinkAbout02-18-15 FA&C Committee Packet 1 OTAY WATER DISTRICT FINANCE, ADMINISTRATION AND COMMUNICATIONS COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA BOARDROOM WEDNESDAY February 18, 2015 11:30 A.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. 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 DISCUSSION ITEMS 3. ADOPT RESOLUTIONS OF INTENTIONS, NOS. 4247, 4248, 4249, 4250, 4251, 4252, 4253 AND 4254, 4255, AND 4256 TO INITIATE THE PROCESS FOR THE EXCLUSION OF PARCELS WITHIN WATER IMPROVEMENT DISTRICTS (IDs) 1, 2, 3, 5, 7, 9, 10 AND 20, AND SEWER IDs 4 AND 14; CONCURRENT WITH SAID ACTION, ADOPT RESOLUTIONS OF INTENTION, NOS. 4257, 4258, 4259, 4260, 4261, 4262, 4263, 4264, 4265, AND 4266 TO INITIATE THE PROCESS FOR THE ANNEXATION OF THE EXCLUDED PARCELS IN WATER IDs 1, 2, 3, 5, 7, 9, 10 AND 20 AND SEWER IDs 4 AND 14 INTO WATER ID 22 AND SEWER ID 18, RESPECTIVELY (BELL) [5 minutes] 4. APPROVE THE DISTRICT CONTINUING ITS BANKING SERVICES RELATIONSHIP WITH UNION BANK AND DIRECT STAFF TO REVIEW BANKING SERVICES IN FOUR (4) YEARS WITH THE PERFORMANCE OF A PRICING REVIEW IN TWO (2) YEARS (KEOPPEN) [ 5 minutes] 2 5. ADOPT RESOLUTION NO. 4267 TO REVISE BOARD POLICY NO. 47, POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE, OF THE DISTRICT’S CODE OF ORDINANCES (WILLIAMS) [5 minutes] 6. UPDATE REPORT ON THE FINANCING OF THE CAMPO ROAD SEWER MAIN REPLACEMENT PROJECT THROUGH CALIFORNIA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) (KOEPPEN) [5 minutes] 7. MID-YEAR STRATEGIC PLAN REVIEW (STEVENS) [5 minutes] 8. ADJOURNMENT BOARD MEMBERS ATTENDING: Mitch Thompson, Chair Jose Lopez 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 Secre- tary 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 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on February 13, 2015 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time be- ing at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on February 13, 2015. ______/s/_ Susan Cruz, District Secretary _____ STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Rita Bell, Finance Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Resolutions of Intention to Consolidate Water Improvement Districts (IDs) 1,2,3,5,7,9,10 and 20 into ID 22 and Sewer IDs 4 and 14 into ID 18; Authorizing Advertising of these Resolutions as Required by the both the Water and Government Codes; Obtain Approval of Proposition 218 Availability Fee Change Notices; and Direct Staff to Mail Notices GENERAL MANAGER’S RECOMMENDATION: That the Board approve the attached Resolutions of Intention, Nos. 4247, 4248, 4249, 4250, 4251, 4252, 4253 and 4254, 4255, and 4256 that are necessary to initiate the process for the exclusion of parcels within Water Improvement Districts (IDs) 1, 2, 3, 5, 7, 9, 10 and 20, and Sewer IDs 4 and 14. Concurrent with said action, that the Board also approve the attached Resolutions of Intention, Nos. 4257, 4258, 4259, 4260, 4261, 4262, 4263, 4264, 4265 and 4266 that are necessary to initiate the process for the annexation of the excluded parcels in Water IDs 1, 2, 3, 5, 7, 9, 10 and 20 and Sewer IDs 4 and 14 into Water ID 22 and Sewer ID 18, respectively. Approve the attached Proposition 218 notices of the public hearing with proposed changes in availability fees for water and sewer customers and direct staff to mail notices. PURPOSE: That the Board authorize and initiate the process for the exclusion of parcels within Improvement Districts Water (IDs) 1, 2, 3, 5, 7, 9, 10 and 20 and Sewer IDs 4 and 14 to be annexed into Water ID 22 and Sewer 18, respectively. Authorize staff to advertise as required by Government Code Section 6066, the attached Resolutions of Intention 4257, 4258, 4259, 4260, 4261, 4262, 4263, 4264, 4265, and 4266 for a period of two weeks. Once this requirement has been met, a second set of resolutions will be presented to confirm the exclusions and annexations. Direct staff to submit the appropriate maps to the County of San Diego that would exclude parcels within Water IDs 1, 2, 3, 5, 7, 9, 10, and 20 and Sewer IDs 4 and 14 to be annexed into Water ID 22 and Sewer ID 18, respectively. A subsequent action will request that Water IDs 1, 2, 3, 5, 7, 9, 10 and 20 and Sewer IDs 4 and 14 be dissolved effective July 1, 2015. In compliance with the Proposition 218 requirements, notices will sent to all owners of record to inform them of their option to protest the availability rate changes. (Note: Only 121 parcels within ID 1 and 9 parcels within ID 5 will see a change to their availability fee assessed on the tax roll.) The required public hearing is set for the May 6, 2015 Board Meeting where the Board will be able to consider protests. ID Parcels Water 1 6,631 Water 2 965 Water 3 2,389 Water 5 1,066 Water 7 991 Water 9 1,810 Water 10 4,232 Water 20 5,552 Sewer 4 365 Sewer 14 1,148 Total 25,149 BACKGROUND: History: Improvement Districts were originally created by the District for the purpose of obtaining the lowest cost funding possible for projects and they were not intended to separate customers by geographical area for any other reason than securing debt. With the passage of Proposition 13 in 1978, creating IDs for the purpose of issuing debt became an obsolete financing tool because it requires a two thirds vote by the people to put debt on the tax roll. Once the existing debt for each ID was paid there was no other reason to maintain separate IDs. A 1992 Capital Projects Financing Study by Fieldman, Rolapp & Associates recognized that the District could annex all areas of the Otay Water District into one overall ID. Today, the only fees collected by ID are the water and sewer availability fees. Current legislation (Water Code Section 71631.6) provides that amounts in excess of $10 shall only be used for the original purpose of such improvement district. Research revealed the original purpose of each ID was for the acquisition, construction and completion of water or sewer improvements and works. The payment of debt was made for the slated purpose. Therefore, as long as the restricted portion of the availability fees goes to this purpose, there is no ongoing reason to keep these funds separate to be in compliance with Water Code Section 71631.6. Availability Fees: Currently, all IDs have the same availability fee of $10 per parcel or $30 per acre except for Water IDs 1 and 5 which charge $10 per parcel or $10 per acre for parcels over one acre. Similarly, all IDs except IDs 1 and 5 have exemptions for items such as easements, agricultural reserves, flood plains, and slopes exceeding 30%. Staff researched the variances and could find no other reason why the fees are different. The difference in fees and exemptions can lead to inequity between parcels in different IDs. For example, the District’s administration building is in ID 1 and the operations building is in ID 20. If these parcels were owned by a private business instead of the District, the availability fee for the administration building would be $10 per acre and the fee for the operations building would be $30 per acre, yet the services and benefits available to these two parcels are the same. A consolidation will eliminate the differences in fees. On May 7, 2013, the Board approved a similar consolidation process for IDs 19 and 25 into IDs 22 and 20 without protest. ANALYSIS: Because there are no specific rules for water and sewer to perform a consolidation, parcels must detach from their existing ID and be attached or annexed into the new ID. The annexing into the new ID is considered a new fee for the affected parcels and therefore, a Proposition 218 hearing is required. For all but 131 parcels in IDs 1 and 5, there is no change to their availability fees. Notices of a Proposition 218 hearing will be mailed to 22,730 owners of parcels within IDs 1, 2, 3, 5, 7, 9, 10 and 20 and to 1,436 sewer owners of parcels within IDs 4 and 14. The estimated cost to print and mail the notices is $7,491. Because the District maintains separate IDs the tracking and accounting causes an unnecessary complexity. This consolidation will mainly benefit CIP Project managers, Finance staff, and IT staff, by reducing the 9 Water and 3 Sewer IDs down to one ID each for water and sewer. Staff has identified savings of 118 hours annually should the ID consolidation happen. The estimated savings in labor, benefits, and overhead is $17,057. While this savings may not be realized immediately in reduced labor costs it does pave the way for labor savings to be realized sooner, and also allows staff productivity to increase. With the consolidation of IDs this will simplify the interaction with other agencies such as LAFCO, the State Board of Equalization, and the County Assessor and Auditors office. This will allow agencies such as the County’s Auditors office to eliminate unnecessary funds, simplifying their accounting systems. This action is the first of two necessary steps to complete this consolidation. Once the exclusion and annexation are initiated by the Board, staff will publish the resolutions as required by statute and then the Board will have the ability to confirm the exclusion and annexation at a subsequent meeting. The exclusion will then become effective on the 31st day after completion of the publication and posting of the resolutions to exclude. The annexations become effective after the date of the adoption of the resolutions approving the annexation. The availability charges and water rates and charges are identical for all IDs except 1 and 5. There are 80 parcels that are larger than one acre in ID 1. (Staff has identified 7 parcels that may qualify for an exemption and will be sending a letter to the owners). If none of these parcels qualify for the new exemptions as allowed in other IDs, then these parcels would pay a combined total of $6,458 in additional availability fees annually. In ID 5 there are 9 parcels larger than one acre and their estimated increase in fees would be $376 annually. Because the proposed consolidation technically imposes a “new” charge on customers, in compliance with the Proposition 218 requirements, notices will be sent to all owners of record within these IDs to inform them of their option to protest rate changes. The required public hearing will take place at the May 6, 2015 Board meeting where, if after the Board determines there is not a majority protest for any of the IDs, the Board can vote to complete the consolidation of the IDs. FISCAL IMPACT: Joe Beachem, Chief Financial Officer It is estimated that there will be savings to the District of 118 staff hours estimated at a cost of $17,057. Additionally, the increase in the availability fees collected in IDs 1 and 5 would be approximately $6,834 should none of the parcels quality for the newly allowed exemptions for these parcels. STRATEGIC GOAL: Through well-established financial policies and wise management of funds, the District will continue to guarantee fiscal responsibility to its ratepayers and the community at large. LEGAL IMPACT: None. Attachments: A) Committee Action B) Water ID Consolidation Map C) Sewer ID Consolidation Map D) Resolution No. 4247 Exhibit A – Legal Description ID 1 E) Resolution No. 4248 Exhibit A – Legal Description ID 2 F) Resolution No. 4249 Exhibit A – Legal Description ID 3 G) Resolution No. 4250 Exhibit A – Legal Description ID 5 H) Resolution No. 4251 Exhibit A – Legal Description ID 7 I) Resolution No. 4252 Exhibit A – Legal Description ID 9 J) Resolution No. 4253 Exhibit A – Legal Description ID 10 K) Resolution No. 4254 Exhibit A – Legal Description ID 20 L) Resolution No. 4255 Exhibit A – Legal Description ID 4 M) Resolution No. 4256 Exhibit A – Legal Description ID 14 N) Resolution No. 4257 Exhibit A – Legal Description ID 1 O) Resolution No. 4258 Exhibit A – Legal Description ID 2 P) Resolution No. 4259 Exhibit A – Legal Description ID 3 Q) Resolution No. 4260 Exhibit A – Legal Description ID 5 R) Resolution No. 4261 Exhibit A – Legal Description ID 7 S) Resolution No. 4262 Exhibit A – Legal Description ID 9 T) Resolution No. 4263 Exhibit A – Legal Description ID 10 U) Resolution No. 4264 Exhibit A – Legal Description ID 20 V) Resolution No. 4265 Exhibit A – Legal Description ID 4 W) Resolution No. 4266 Exhibit A – Legal Description ID 14 X) Proposition 218 Notice Water ID 1 Y) Proposition 218 Notice Water ID 2 Z) Proposition 218 Notice Water ID 3 AA)Proposition 218 Notice Water ID 5 BB)Proposition 218 Notice Water ID 7 CC)Proposition 218 Notice Water ID 9 DD)Proposition 218 Notice Water ID 10 EE)Proposition 218 Notice Water ID 20 FF)Proposition 218 Notice Sewer ID 4 GG)Proposition 218 Notice Sewer ID 14 HH)Presentation ATTACHMENT A SUBJECT/PROJECT: Resolutions of Intention to Consolidate Water Improvement Districts (IDs) 1,2,3,5,7,9,10 and 20 into ID 22 and Sewer IDs 4 and 14 into ID 18; Authorizing Advertising of these Resolutions as Required by the both the Water and Government Codes; Obtain Approval of Proposition 218 Availability Fee Change Notices; and Direct Staff to Mail Notices COMMITTEE ACTION: The Finance, Administration, and Communications Committee recommend thatthe Board approve the attached Resolutions of Intention, Nos. 4247, 4248,4249, 4250, 4251, 4252, 4253 and 4254, 4255, and 4256 that are necessaryto initiate the process for the exclusion of parcels within Water Improvement Districts (IDs) 1, 2, 3, 5, 7, 9, 10 and 20, and Sewer IDs 4 and 14. Concurrent with said action, that the Board also approve the attached Resolutions of Intention, Nos. 4257, 4258, 4259, 4260, 4261,4262, 4263, 4264, 4265 and 4266 that are necessary to initiate the process for the annexation of the excluded parcels in Water IDs 1, 2, 3, 5, 7, 9, 10 and 20 and Sewer IDs 4 and 14 into Water ID 22 and Sewer ID 18,respectively. Approve the attached Proposition 218 notices of the public hearing with proposed changes in availability fees for water and sewer customers and direct staff to mail the notices. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. OTAY WATER DISTRICTCONSOLIDATION OF WATER IMPROVEMENT DISTRICTS P: \ D R A F T I N G D E P A R T M E N T \ I n f o f o r O t h e r s \ O W D \ F i n a n c e \ W a t e r I D C o n s o l i d a t i o n \ W a t e r I D C o n s o l i d a t i o n . m x d ^_ ÃÅ94 ÃÅ125 ÃÅ94 ÃÅ125 ÃÅ905 ÃÅ905 §¨¦8 §¨¦805 §¨¦5 §¨¦5 1 1 2 LA MESA EL CAJON JAMUL SAN DIEGO BONITA CHULA VISTA ÃÅ125 ÃÅ54 SAN DIEGO MEXICO 3 7 9 20 2 3 1 10 22 20 2 10 5 3 1 10 1 5 Legend ^_OWD Headquarters OWD Boundary Improvement District 1 Improvement District 2 Improvement District 3 Improvement District 5 Improvement District 7 Improvement District 9 Improvement District 10 Improvement District 20 Improvement District 22 Non-Annexed Areas FEBRUARY 2015 EXISTING WATER IMPROVEMENT DISTRICTS ^_ ÃÅ94 ÃÅ125 ÃÅ94 ÃÅ125 ÃÅ905 ÃÅ905 §¨¦8 §¨¦805 §¨¦5 §¨¦5 LA MESA EL CAJON JAMUL SAN DIEGO BONITA CHULA VISTA ÃÅ125 ÃÅ54 SAN DIEGO MEXICO 22 22 10 22 10 PROPOSED CONSOLIDATION OFWATER IMPROVEMENT DISTRICTS Legend ^_OWD Headquarters OWD Boundary Improvement District 22 (Consolidated) Non-Annexed Areas 0 21 Miles F 0 21 Miles F Ja m a c h a R d E. H Street Lyons Val l e y R d Hillsdale Rd Olympic P k w y Otay Mesa Rd Airway Rd Ca c t u s R d Ja m a c h a R d E. H Street Lyons Vall e y R d Hillsdale Rd Olympic P k w y Otay Mesa Rd Airway Rd Ca c t u s R d Otay Lakes Rd Otay Lakes Rd OTAY WATER DISTRICTCONSOLIDATION OF SEWER IMPROVEMENT DISTRICTS P: \ D R A F T I N G D E P A R T M E N T \ I n f o f o r O t h e r s \ O W D \ F i n a n c e \ S e w e r I D C o n s o l i d a t i o n \ S e w e r I D C o n s o l i d a t i o n . m x d ^_ ÃÅ94 ÃÅ94 §¨¦8 EL CAJON JAMUL 18 18 14 18 4 4 Ja m a c h a R d Hillsd a l e R d Av o c a d o B l v d Fury Lane C h a s e A v e Jamach a B l v d 4 18 18 1818 18 18 Willow Gl e n D r Wi l l o w G l e n D r Dehes a R d Sw e e t w a t e r Sp r i n g s B l v d St e e l e C a n y o n R d Fur y L a n e Legend ^_OWD Headquarters OWD Boundary Sewer Improvement District 4 Sewer Improvement District 14 Sewer Improvement District 18 Non-Annexed Sewer Areas FEBRUARY 2015 EXISTING SEWER IMPROVEMENT DISTRICTS 0 0.50.25 Miles F^_ VICINITY MAP NTS ?ò Aä%&s ?Ë F LA MESA EL CAJON JAMUL SANDIEGO BONITA CHULA VISTA SANDIEGO MEXICO ^_ ÃÅ94 ÃÅ94 §¨¦8 EL CAJON JAMUL 18 18 18 18 Ja m a c h a R d Hillsd a l e R d Av o c a d o B l v d Fury Lane C h a s e A v e Jamach a B l v d 18 18 18 18 18 18 Willow Gl e n D r Wi l l o w G l e n D r Dehes a R d Sw e e t w a t e r Sp r i n g s B l v d St e e l e C a n y o n R d Fur y L a n e PROPOSED CONSOLIDATION OFSEWER IMPROVEMENT DISTRICTS ^_ VICINITY MAP NTS ?ò Aä%&s ?Ë F LA MESA EL CAJON JAMUL SANDIEGO BONITA CHULA VISTA SANDIEGO MEXICO Legend ^_OWD Headquarters OWD Boundary Sewer Improvement District 18 (Consolidated) Non-Annexed Sewer Areas 0 0.50.25 Miles F 1 RESOLUTION NO. 4247 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 1 WHEREAS, on January 27th, 1958 by Resolution No. 32, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 1 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 1 and 22 for parcels less than one acre. However, there are 80 parcels larger than one acre in ID 1 for which the water availability fees will increase to make the fees consistent with all other parcels within IDs in the Otay Water District boundaries; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 1 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 1 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 1, as identified in Exhibit A to this resolution. Attachment D 2 2. That the taxes for carrying out the purposes of ID 1 will not be levied upon taxable property in the excluded territory following such exclusion. 3. That there is no bond debt on ID 1 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 1 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 1, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 1 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 1, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 1 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 1 SHALL BE EXCLUDED FROM EXISTING ID 1 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 1 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4247 APPROVING THE CONSOLIDATIONS. CONTAINING 2,177 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4248 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 2 WHEREAS, on June 17th, 1958 by Resolution No. 40, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 2 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 2 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 2 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 2 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 2, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 2 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment E 2 3. That there is no bond debt on ID 2 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 2 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 2, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 2 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 2, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 2 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 2 SHALL BE EXCLUDED FROM EXISTING ID 2 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 2 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4248 APPROVING THE CONSOLIDATIONS. CONTAINING 4,073 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4249 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 3 WHEREAS, on November 18th, 1958 by Resolution No. 51, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 3 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 3 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 3 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 3 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 3, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 3 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment F 2 3. That there is no bond debt on ID 3 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 3 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 3, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 3 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 3, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 3 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 3 SHALL BE EXCLUDED FROM EXISTING ID 3 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 3 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4249 APPROVING THE CONSOLIDATIONS. CONTAINING 2,907 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4250 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 5 WHEREAS, on November 28th, 1960 by Resolution No. 123, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 5 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 5 and 22 for parcels less than one acre. However, there are 9 parcels larger than one acre in ID 5 for which the water availability fees will increase to make the fees consistent with all other parcels within IDs in the Otay Water District boundaries; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 5 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 5 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 5, as identified in Exhibit A to this resolution. Attachment G 2 2. That the taxes for carrying out the purposes of ID 5 will not be levied upon taxable property in the excluded territory following such exclusion. 3. That there is no bond debt on ID 5 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 5 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 5, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 5 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 5, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 5 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 5 SHALL BE EXCLUDED FROM EXISTING ID 5 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 5 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4250 APPROVING THE CONSOLIDATIONS. CONTAINING 487 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4251 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 7 WHEREAS, on March 27th, 1961 by Resolution No. 142, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 7 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 7 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 7 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 7 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 7, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 7 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment H 2 3. That there is no bond debt on ID 7 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 7 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 7, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 7 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 7, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 7 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 7 SHALL BE EXCLUDED FROM EXISTING ID 7 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 7 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4251 APPROVING THE CONSOLIDATIONS. CONTAINING 7,622 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4252 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 9 WHEREAS, on July 24th, 1961 by Resolution No. 153, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 9 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 9 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 9 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 9 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 9, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 9 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment I 2 3. That there is no bond debt on ID 9 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 9 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 9, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 9 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 9, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 9 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 9 SHALL BE EXCLUDED FROM EXISTING ID 9 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 9 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4252 APPROVING THE CONSOLIDATIONS. CONTAINING 7,075 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4253 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 10 WHEREAS, on February 11th, 1963 by Resolution No. 266, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 10 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 10 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 10 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 10 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 10, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 10 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment J 2 3. That there is no bond debt on ID 10 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 10 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 10, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 10 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 10, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 10 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 10 SHALL BE EXCLUDED FROM EXISTING ID 10 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 10 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4253 APPROVING THE CONSOLIDATIONS. CONTAINING 2,007 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4254 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 20 WHEREAS, on April 19th, 1971 by Resolution No. 874, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 20 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 20 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 20 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 20 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 20, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 20 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment K 2 3. That there is no bond debt on ID 20 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 20 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 20, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 20 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 20, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 20 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 20 SHALL BE EXCLUDED FROM EXISTING ID 20 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 20 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4254 APPROVING THE CONSOLIDATIONS. CONTAINING 6,859 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4255 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 4 WHEREAS, on August 4th, 1959 by Resolution No. 83, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 4 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of sewer improvements and works; and WHEREAS, on February 16th, 1970 by Resolution No. 758, the Board formed ID 18 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of sewer improvements and works; and WHEREAS, the availability charges are identical between IDs 4 and 18; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 4 into ID 18 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 4 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 18; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 4, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 4 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment L 2 3. That there is no bond debt on ID 4 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 4 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 4, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 4 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 4, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT (ID) ID 4 INTO ID 18 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT 4 SHALL BE EXCLUDED FROM EXISTING ID 4 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 18. THE CONSOLIDATION OF EXISTING ID 4 INTO EXISTING ID 18 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4255 APPROVING THE CONSOLIDATIONS. CONTAINING 348 ACRES OF LAND, MORE OR LESS. 1 RESOLUTION NO. 4256 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 14 WHEREAS, on June 10th, 1968 by Resolution No. 586, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 14 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of sewer improvements and works; and WHEREAS, on February 16th, 1970 by Resolution No. 758, the Board formed ID 18 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of sewer improvements and works; and WHEREAS, the availability charges are identical between IDs 14 and 18; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 14 into ID 18 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares, by its own motion, its intention to exclude parcels in ID 14 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 18; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, on its own motion, does hereby declare its intention to exclude parcels within ID 14, as identified in Exhibit A to this resolution. 2. That the taxes for carrying out the purposes of ID 14 will not be levied upon taxable property in the excluded territory following such exclusion. Attachment M 2 3. That there is no bond debt on ID 14 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 14 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 14, is on file with the Secretary of the District and is available for inspection by any person or persons interested. Said map shall govern for all details as to the extent of the proposed exclusion. 5. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 14 and the territory to be excluded. At such time and place, any person interested, including all persons owning property in the Otay Water District or in ID 14, will be heard. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed exclusion and publish a copy of this Resolution of Intention to Exclude pursuant to and consistent with Government Code section 6066 and Water Code section 72084. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT (ID) ID 14 INTO ID 18 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT 14 SHALL BE EXCLUDED FROM EXISTING ID 14 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 18. THE CONSOLIDATION OF EXISTING ID 14 INTO EXISTING ID 18 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4256 APPROVING THE CONSOLIDATIONS. CONTAINING 644 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4257 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 1 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on January 27th, 1958 by Resolution No. 32, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 1 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 1 and 22 for parcels less than one acre. However, there are 80 parcels larger than one acre in ID 1 for which the water availability fees will increase to make the fees consistent with all other parcels within IDs in the Otay Water District boundaries; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 1 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 1, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 1, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 1, is to streamline the accounting and tracking of parcels in Attachment N Page 2 of 3 IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 1 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. Page 3 of 3 BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 1 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 1 SHALL BE EXCLUDED FROM EXISTING ID 1 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 1 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4257 APPROVING THE CONSOLIDATIONS. CONTAINING 2,177 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4258 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 2 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on June 17th, 1958 by Resolution No. 40, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 2 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 2 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 2 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 2, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 2, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 2, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment O Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 2 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 2 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 2 SHALL BE EXCLUDED FROM EXISTING ID 2 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 2 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4258 APPROVING THE CONSOLIDATIONS. CONTAINING 4,073 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4259 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 3 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on November 18th, 1958 by Resolution No. 51, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 3 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 3 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 3 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 3, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 3, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 3, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment P Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 3 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 3 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 3 SHALL BE EXCLUDED FROM EXISTING ID 3 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 3 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4259 APPROVING THE CONSOLIDATIONS. CONTAINING 2,907 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4260 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 5 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on November 28th, 1960 by Resolution No. 123, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 5 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 5 and 22 for parcels less than one acre. However, there are 9 parcels larger than one acre in ID 5 for which the water availability fees will increase to make the fees consistent with all other parcels within IDs in the Otay Water District boundaries; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 5 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 5, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 5, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 5, is to streamline the accounting and tracking of parcels in Attachment Q Page 2 of 3 IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 5 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. Page 3 of 3 BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 5 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 5 SHALL BE EXCLUDED FROM EXISTING ID 5 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 5 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4260 APPROVING THE CONSOLIDATIONS. CONTAINING 487 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4261 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 7 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on March 27th, 1961 by Resolution No. 142, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 7 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 7 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 7 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 7, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 7, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 7, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment R Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 7 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 7 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 7 SHALL BE EXCLUDED FROM EXISTING ID 7 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 7 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4261 APPROVING THE CONSOLIDATIONS. CONTAINING 7,622 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4262 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 9 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on July 24th, 1961 by Resolution No. 153, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 9 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 9 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 9 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 9, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 9, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 9, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment S Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 9 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 9 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 9 SHALL BE EXCLUDED FROM EXISTING ID 9 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 9 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4262 APPROVING THE CONSOLIDATIONS. CONTAINING 7,075 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4263 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 10 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on February 11th, 1963 by Resolution No. 266, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 10 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 10 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 10 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 10, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 10, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 10, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment T Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 10 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 10 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 10 SHALL BE EXCLUDED FROM EXISTING ID 10 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 10 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4263 APPROVING THE CONSOLIDATIONS. CONTAINING 2,007 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4264 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 20 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on April 19th, 1971 by Resolution No. 874, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 20 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on June 5th, 1972 by Resolution No. 968, the Board formed ID 22 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges are identical between IDs 20 and 22; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 20 into ID 22 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 20, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 20, if approved, into ID 22, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 20, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment U Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 20 and 22 following the annexation, is set forth on a map in Attachment B filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT (ID) ID 20 INTO ID 22 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT WATER IMPROVEMENT DISTRICT 20 SHALL BE EXCLUDED FROM EXISTING ID 20 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 22. THE CONSOLIDATION OF EXISTING ID 20 INTO EXISTING ID 22 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4264 APPROVING THE CONSOLIDATIONS. CONTAINING 6,859 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4265 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 4 INTO IMPROVEMENT DISTRICT 18 WHEREAS, on August 4th, 1959 by Resolution No. 83, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 4 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of sewer improvements and works; and WHEREAS, on February 16th, 1970 by Resolution No. 758, the Board formed ID 18 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of sewer improvements and works; and WHEREAS, the availability charges are identical between IDs 4 and 18; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 4 into ID 18 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 4, if approved, into ID 18, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 4, if approved, into ID 18, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 4, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment V Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 4 and 18 following the annexation, is set forth on a map in Attachment C filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT (ID) ID 4 INTO ID 18 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT 4 SHALL BE EXCLUDED FROM EXISTING ID 4 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 18. THE CONSOLIDATION OF EXISTING ID 4 INTO EXISTING ID 18 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4265 APPROVING THE CONSOLIDATIONS. CONTAINING 348 ACRES OF LAND, MORE OR LESS. Page 1 of 3 RESOLUTION NO. 4266 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 14 INTO IMPROVEMENT DISTRICT 18 WHEREAS, on June 10th, 1968 by Resolution No. 586, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 14 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of sewer improvements and works; and WHEREAS, on February 16th, 1970 by Resolution No. 758, the Board formed ID 18 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of sewer improvements and works; and WHEREAS, the availability charges are identical between IDs 14 and 18; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 14 into ID 18 it would streamline the accounting and tracking of these parcels; and WHEREAS, the Board hereby declares its intention to annex parcels excluded from ID 14, if approved, into ID 18, pursuant to Water Code sections 72700, et seq.; and NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Board of Directors, pursuant to Water Code sections 72700, et seq., does hereby declare its intention to annex the parcels excluded from ID 14, if approved, into ID 18, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 14, is to streamline the accounting and tracking of parcels in IDs by making availability charges consistent with all other parcels within IDs in the Otay Water District boundaries, thereby increasing efficiencies. Attachment W Page 2 of 3 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 14 and 18 following the annexation, is set forth on a map in Attachment C filed with the Secretary of the District, which map shall govern for all details as to the area proposed to be annexed. 4. That the annexation of said parcels is subject to the owners complying with the following terms and conditions: (a) Payment of yearly assessment fees of $30.00 per acre of land and $10.00 per parcel of land less than one acre which will be collected through the County Tax Assessor’s office. (c) In the event that water service is to be provided, the payment of all applicable water meter fees per Equipment Dwelling Unit (EDU) at the time the meter is purchased. (d) Payment of all other applicable local or state agency fees or charges. 5. That the holders of title to any of the parcels to be annexed may file written protests with the Secretary of the District regarding the annexation or the annexation upon the terms and conditions identified above, to the following address: District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, May 6th, 2015 at 3:30 p.m. at which the Board will receive written protests theretofore filed with the Secretary of the District, receive additional written protests, and hear from any and all persons interested in the annexation. BE IT FURTHER RESOLVED that the Board directs staff to provide notice of the proposed annexation and publish and post a copy of this Resolution of Intention to Page 3 of 3 Annex pursuant to and consistent with Government Code section 6066 and Water Code sections 72702 and 72703. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th day of March, 2015. President ATTEST: __________________________________ District Secretary EXHIBIT A CONSOLIDATION OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT (ID) ID 14 INTO ID 18 LEGAL DESCRIPTION THE TERRITORY WITHIN THE EXISTING BOUNDARIES OF OTAY WATER DISTRICT SEWER IMPROVEMENT DISTRICT 14 SHALL BE EXCLUDED FROM EXISTING ID 14 AND THE EXCLUDED PARCELS SHALL BE ANNEXED INTO EXISTING ID 18. THE CONSOLIDATION OF EXISTING ID 14 INTO EXISTING ID 18 SHALL BECOME EFFECTIVE AT THE TIME THE OTAY WATER DISTRICT BOARD OF DIRECTORS ADOPTS RESOLUTION NO. 4266 APPROVING THE CONSOLIDATIONS. CONTAINING 644 ACRES OF LAND, MORE OR LESS. PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 1 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 1 (ID‐1) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are the same for parcels less than 1 acre. Annexing ID‐1 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐1 and annexaƟon to ID‐22 will increase the water availability fees for 80 parcels that are larger than 1 acre. The change would make the fees consistent with all other parcels in IDs within the Otay Water District boundaries. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐1 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐1 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 1 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐1 for parcels less than 1 acre. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐1 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 1 $10.00 $10.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 2 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 2 (ID‐2) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐2 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐22 and annexaƟon to ID‐2 will eliminate fees and implement new fees which are idenƟcal to the eliminated fee. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐2 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐2 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 2 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐2. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐2 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 2 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 3 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 3 (ID‐3) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐3 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐3 and annexaƟon to ID‐2 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐3 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐3 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 3 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐3. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐3 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 3 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 5 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 5 (ID‐5) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are the same for parcels less than 1 acre. Annexing ID‐5 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐5 and annexaƟon to ID‐22 will increase the water availability fees for 9 parcels that are larger than 1 acre. The change would make the fees consistent with all other parcels within IDs in the Otay Water District boundaries. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐5 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐5 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 5 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐5 for parcels less than 1 acre. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐5 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 5 $10.00 $10.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 7 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 7 (ID‐7) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐7 to ID‐2 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐7 and annexaƟon to ID‐22 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐7 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐7 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 7 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐7. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐7 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 7 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 9 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 9 (ID‐9) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐9 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐9 and annexaƟon to ID‐22 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐9 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐9 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 9 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐9. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐9 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 9 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 10 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 10 (ID‐10) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐10 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐10 and annexaƟon to ID‐22 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐10 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐10 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 10 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐10. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐10 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 10 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 20 AND ANNEXATION TO IMPROVEMENT DISTRICT 22 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 20 (ID‐20) and annexaƟon to Improvement District 22 (ID‐22), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are show below. Annexing ID‐20 to ID‐22 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐20 and annexaƟon to ID‐22 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐20 and annexaƟon to ID‐22, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐20 and annexaƟon to ID‐22) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 20 and annexaƟon to Improvement District 22. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐22 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐20. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐20 and annexaƟon to ID‐22. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 20 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 22 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 4 AND ANNEXATION TO IMPROVEMENT DISTRICT 18 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 4 (ID‐4) and annexaƟon to Improvement District 18 (ID‐18), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐4 to ID‐18 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐4 and annexaƟon to ID‐18 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐4 and annexaƟon to ID‐18, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐4 and annexaƟon to ID‐18) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 4 and annexaƟon to Improvement District 18. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐18 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐4. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐4 and annexaƟon to ID‐18. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 4 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 18 PUBLIC HEARING ON THE PROPOSED EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICT 14 AND ANNEXATION TO IMPROVEMENT DISTRICT 18 AND THE RESULTING IMPACT ON FEES NOTICE IS HEREBY GIVEN the Otay Water District (the “District”) will hold a Public Hearing on May 6, 2015 at 3:30 p.m. in the Board of Directors MeeƟng Room, 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, to consider the exclusion of territory from Improvement District 14 (ID‐14) and annexaƟon to Improvement District 18 (ID‐18), and the resulƟng impact of fees. Fees for the two improvement districts are idenƟcal and are shown below. Annexing ID‐14 to ID‐18 would improve the efficiency of accounƟng and administraƟon currently required. The exclusion of territory from ID‐14 and annexaƟon to ID‐18 will eliminate fees and implement new fees which are idenƟcal to the eliminated fees. As the record owner or customer of record of a property idenƟfied to be subject to the exclusion of territory from ID‐14 and annexaƟon to ID‐18, you may submit a wriƩen protest against the proposed acƟon. Provided, however, if the idenƟfied property has more than one record owner and/or customer of record, only one wriƩen protest will be counted. Each protest must be in wriƟng; state that the specific acƟon (exclusion of territory from ID‐14 and annexaƟon to ID‐18) for which the protest is being submiƩed in opposiƟon; provide the locaƟon of the idenƟfied property (by assessor’s parcel number or street address); and include the original signature of the record owner or customer of record submiƫng the protest. Protests submiƩed by e‐mail, facsimile, or other electronic means will not be accepted. WriƩen protests may be submiƩed by mail to the Board Secretary, Otay Water District, at 2554 Sweetwater Springs Blvd., Spring Valley, CA 91978, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing. Please idenƟfy on the front of the envelope for any protest, whether mailed or submiƩed in person to the Board Secretary, that the enclosed leƩer is for the Public Hearing on the Exclusion of Territory from Improvement District 14 and annexaƟon to Improvement District 18. At the conclusion of the public hearing, the Board of Directors will consider adopƟng the proposed exclusion and annexaƟon. If adopted, the property annexed to ID‐18 shall be subject to a fee as shown in the table above, idenƟcal to the fee previously charged for ID‐14. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a wriƩen protest. If, at the close of the public hearing, wriƩen protests against the proposed exclusion and annexaƟon are not presented by a majority of the record owners or customers of record of the idenƟfied properƟes affected by the proposed acƟon, the Board of Directors will be authorized to adopt the proposed exclusion and annexaƟon. This noƟce is being provided to you by the District pursuant to the California ConsƟtuƟon ArƟcle XIIID (collecƟvely know as “ProposiƟon 218”). Under terms of ProposiƟon 218, the District is required to noƟfy the record owner or customer of record of proposed changes to property‐related services. This leƩer serves as a 45‐day noƟce that the District will hold a public hearing to consider exclusion of territory from ID‐14 and annexaƟon to ID‐18. Improvement District Charge per year for a parcel less than one acre Charge per year per acre for parcels one acre or more 14 $10.00 $30.00 $10.00 $30.00 Land outside an Improvement District $10.00 $10.00 Land outside an Improvement District and greater than one mile from District faciliƟes $3.00 $3.00 18 Improvement District Consolidation OTAY WATER DISTRICT MARCH 4, 2015 Attachment HH Consolidate Water IDs 1,2,3,5,7,9,10 & 20 into ID 22 and Sewer IDs 4 & 14 into ID 18 History Process Availability Fees Proposition 218 Benefits Maps History of Improvement Districts IDs were originally created by the District as a means to obtain the lowest cost of funding for projects With Proposition 13 in 1978 this financing mechanism became obsolete Once existing debt was paid off, IDs no longer served a purpose Process to Consolidate Because no specific rules exist for water agencies, to perform a consolidation parcels must detach from their existing ID and be annexed into the new ID First publishing the resolutions of intention to detach and annex Second to confirm the action Availability Fees All IDs except 1 & 5 have the same availability fee of $10 per parcel or $30 per acre and exemptions for items such as flood plains or slopes exceeding 30% IDs 1 & 5 fees are $10 per parcel or $10 per acre with no exemptions This change will make all fees the same bringing equity among customers 80 parcels in ID 1 will be affected (7 may qualify for exemptions) 9 parcels in ID 5 will be affected Proposition 218 Proposition 218 considers the availability fees as a “new” fee (even if they are the same as the old fee) when they are annexed into the new ID Proposition 218 notices will be mailed to all 25,149 parcels affected A Proposition 218 hearing will take place at the May 6, 2015 board meeting Benefits Reduce the number of IDs from 9 water & 3 sewer down to one each Reduce staff time by 118 hours annually (savings $17,000 in labor and benefits annually) Simplify interaction with outside agencies, customers, and internally Streamline accounting, tracking and mapping within the District Supports Strategic Plan Questions??? STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Kevin Koeppen, Finance Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Banking Services Review GENERAL MANAGER’S RECOMMENDATION: That the Board approve staff’s recommendation to continue the banking services with Union Bank. Staff will update the banking services review in 4 years with a pricing review performed in 2 years. COMMITTEE ACTION: See Attachment A. PURPOSE: To evaluate the cost of banking services to ensure the District’s banking fees are competitive with current market rates. ANALYSIS: The Board has requested that staff perform a review of banking services on a recurring basis, considering the changing economy and business competition within the banking and financial industries. On March 5, 2008 and February 3, 2010, staff performed banking services reviews and in both instances recommended to the Board that the District maintain its banking services relationship with Union Bank 2 based on their competitive pricing, range of banking services, and overall highly satisfactory performance. This report presents an update of staff’s recommendation based on the most recent review of the District’s banking services. Staff is recommending the District continue to utilize Union Bank for its banking services. Based on the analysis performed Union Bank is the best value and least expensive provider when considering multiple factors including: annual banking fees, internal costs associated with changing banks, customer disruption and potential service risks associated with a banking change. In addition, a change in banking relationships carries a possibility that the District would need to look for a new letter of credit when the current letter of credit, held by Union Bank, expires on June 29, 2017. QUOTATION PROCESS: Staff requested quotes from six banking institutions. The table below summarizes the institutions that the District sought quotes from and a brief statement regarding each institution’s response: Institution Response Union Bank Complete response and quote was received by the District. U.S. Bank Complete response and quote was received by the District. J.P. Morgan Chase Complete response and quote was received by the District. Wells Fargo Bank Declined to quote, but provided verbal response stating Union Bank’s fees for services were competitive with Wells Fargo. Bank of the West Bank of the West’s policy states they cannot respond to a request if a particular service is not offered by the bank. Bank of the West does not offer bill concentration services; therefore, they were unable to respond to the request for quote. Bank of America Did not respond to the request for quote. Staff performed the following evaluations of services based on the responses received from Union Bank, U.S. Bank, and J.P. Morgan Chase. AVAILABLE SERVICES: Staff performed a review of banking services offered by each institution to ensure each candidate was able to 3 meet, at a minimum, the District’s current servicing needs. All of the institutions responding to the District’s request offer services consistent with those currently being performed by Union Bank. Each institution provides a full range of banking services including: account reconciliation, account analysis, lockbox, checking, web services, wire transfers, availability of funds, payroll, payroll tax, check fraud, daylight overdraft protection, and debt services. BANKING FACILITIES: Union Bank and J.P. Morgan Chase both have physical locations within the District’s boundaries. U.S. Bank’s nearest physical location is 15 miles from the District’s office. CURRENT STAFF SATISFACTION: Staff who work with Union Bank on a repetitive basis were asked if they were dissatisfied or had any unresolved issues. This included Customer Service, Payroll, Accounts Payable, Information Technology, and Investment personnel. Responses were positive as any issues were minor in scope and Union Bank has been quick to respond and remediate issues as they arise. Staff is also very pleased with Union Bank’s services and personnel contacts. BANKING FEES: Staff performed an analysis based on each institution’s quote to determine their estimated annual fees. Institution Estimated Annual Fees Union Bank $72,200 U.S. Bank $65,500 J.P. Morgan Chase $148,000 The impact of the Union Bank’s fees and proposed service charges result in a net annual reduction in banking related fees of approximately $11,200(14.7%) versus current fees. The reduction is a result of two main factors. Union Bank has reduced their fee for armored car services and increased the earnings credit floor from .25% to .40%, which results in an overall net bank fee reduction of $3,400 per year. In addition, staff and Union Bank reviewed the existing services and identified changes to services which would generate an additional $7,800 in savings. All anticipated savings are reflected in the estimated annual fees above. Staff has moved forward with the implementation of identified changes which should be completed by the end February, 2015. Additionally, the proposed pricing from Union Bank shall be fixed for a period of four years. U.S. Bank’s annual fees are estimated to be $65,500 which is $6,700 lower than Union Bank. On a fee basis, U.S. Bank was favorable by $1,700 per year compared to Union Bank; however, their quote included an annual transition bonus in the amount of $5,000 to be awarded each year of the initial contract term and any subsequent contract 4 extension. Pricing would be fixed for the initial contract period. When combining the costs and risks associated with a banking change and the possible cost associated with obtaining a new letter of credit, the $6,700 annual savings did not provide a benefit adequate enough to justify changing banks. The main factor causing J.P. Morgan Chase’s annual fees to be greater than the other institutions were higher fees for lockbox services. RISK OF CHANGING BANKING SERVICE PROVIDERS: Banking services are intertwined with many of the financial processes of the District and require significant efforts to change. Based on the cost quotes, staff performed additional procedures to assess the costs and risks associated with a change in banking services including a review of U.S. Bank’s customer service structure, lockbox operating environment, and reference contacts. The internal costs to change banks included internal resources from Finance, Information Technology and Customer Service. In addition, there were also third party costs from providers of payment services. The costs of these items exceeded the fee savings. Staff also reviewed the internal risks and costs associated with a banking change including the internal costs of changing banks and the impact on customers. No risk assessment was performed on J.P. Morgan Chase due to their quoted fees being substantially greater than both Union Bank and U.S. Bank. ADDITIONAL RISKS: In addition to standard banking services, Union Bank also provides the District with debt related services including: trustee, letter of credit, and remarketing. On April 8, 2014, the Board of Directors approved the extension of the District’s letter of credit with Union Bank. Under that extension Union Bank reduced the letter of credit rate by 15 basis points. This rate reduction reduced the District’s debt service costs by approximately $11,000 per year and is included in this staff report as an example of Union Bank serving as a good financial partner to the District. It is typical for banks to give priority access to credit to its own clients. The District’s letter of credit is a very small credit, which adds to the limited interest a bank would have in maintaining a credit with a non-client. If the District were to change banking services there is the real risk that the District would find itself looking for a new letter of credit. The current letter of credit will expire on June 29, 2017 and issuing a new letter of credit is a costly endeavor. The District’s incurred approximately $150,000 of costs when a new letter of credit was issued in 2011. At that time, 5 Union Bank was the only bank willing to offer a letter of credit to the District. The District will be required to have a letter of credit until the related debt matures in 2026. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The District’s ongoing banking fees would be reduced from the current annual fees by approximately $11,200. Based on the analysis performed, staff estimates the total annual banking service fees from Union Bank to be $72,200. STRATEGIC GOAL: The District ensures its continue financial health through long-term financial planning, formalized financial policies, enhanced budget controls, fair pricing, debt planning, and improved financial reporting. LEGAL IMPACT: None. Attachments: A) Committee Action ATTACHMENT A SUBJECT/PROJECT: Banking Services Review COMMITTEE ACTION: That the Finance, Administration, and Communications Committee approve staff’s recommendation to continue the banking services with Union Bank. Staff will update the banking services review in 4 years with a pricing review performed in 2 years. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 PROJECT: DIV. NO. ALL SUBMITTED BY: Kelli Williamson Human Resources Manager APPROVED BY: Adolfo Segura, Assistant Chief, Admin & IT Services German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: ADOPT RESOLUTION #4267 TO REVISE THE POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE (BOARD POLICY #47) GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Resolution #4267 to revise Board Policy #47, Policy Against Discrimination and Harassment and Complaint Procedure. COMMITTEE ACTION: Please see “Attachment A”. PURPOSE: To request that the Board adopt Resolution #4267 and approve revisions to Board Policy #47, Policy Against Discrimination and Harassment and Complaint Procedure (Attachment C). ANALYSIS: Consistent with the District’s Strategic Plan, the District regularly reviews policies and procedures to ensure they are streamlined and are clear and consistent with applicable laws. After consultation with General Counsel, District staff is recommending revisions to the attached policy. Updates deemed appropriate at this time are detailed below and revisions are shown in the attached strike- through versions of the policy (Exhibit 1). Policy Against Discrimination and Harassment and Complaint Procedure (Board Policy #47) Based on recent legislative updates, District staff is recommending minor revisions to the attached policy to include unpaid interns and volunteers as protected members. Based on the above, it is requested that the Board of Directors adopt Resolution #4267 in support of the proposed revisions. FISCAL IMPACT: Joe Beachem, Chief Financial Officer None. STRATEGIC GOAL: Optimize the District’s Operating Efficiency. LEGAL IMPACT: None. ATTACHMENTS: Attachment A – Committee Action Report Attachment B – Resolution #4267 Exhibit 1 – Draft Copy, Policy Against Discrimination and Harassment and Complaint Procedure (Board Policy #47) Attachment C – Proposed Copy, Policy Against Discrimination and Harassment and Complaint Procedure (Board Policy #47) ATTACHMENT A SUBJECT/PROJECT: ADOPT RESOLUTION #4267 TO REVISE THE POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE (BOARD POLICY #47) COMMITTEE ACTION: The Finance, Administration, and Communications Committee met on February 18, 2015, to review this item. The Committee supports presentation to the full Board. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for Board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full Board. 1 RESOLUTION NO. 4267 RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT TO REVISE DISTRICT POLICY WHEREAS, the Board of Directors of Otay Water District have established policies, procedures, ordinances, and resolutions for the efficient operation of the District; and WHEREAS, it is the policy of the District to establish procedures to review policies, procedures, ordinances, and resolutions periodically to ensure they are current and relevant; and WHEREAS, District staff has identified Board Policy #47, Policy Against Discrimination and Harassment and Complaint Procedure, as requiring revisions as per the attached strike- through copies. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Otay Water District amends the Board Policies indicated above in the form presented to the Board at this meeting. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 4th of March, 2015. __________________________ President ATTEST: ___________________________ Secretary OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 1 of 6 PURPOSE The purpose of this policy is to (i) advise all employees, unpaid interns, and volunteers that the Otay Water District (“District”) disapproves of and will not tolerate unlawful discrimination or harassment of its employees, unpaid interns or volunteers, or retaliation against those who report such behavior, and (ii) set forth a procedure for investigating and resolving internal complaints of discrimination, harassment, or retaliation. POLICY The District is committed to providing a work environment free of unlawful discrimination, harassment, or retaliation against those who report discrimination or harassment. Discrimination or harassment based on sex (including gender, gender identity, gender expression, pregnancy, childbirth or related medical condition), race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, age, sexual orientation, military or veteran status or any other basis protected by federal, state or local law is prohibited. Discrimination or harassment based on the perception that a person has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics, is prohibited. Retaliation against any person who complains of unlawful discrimination or harassment or who provides evidence relating to such a complaint, is prohibited. This Policy applies to all terms and conditions of employment, including, but not limited to: hiring, placement, advancement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. It applies to each District employee, member of the Board of Directors, unpaid interns, volunteers and to all vendors conducting business with the District. Similarly, the District will not tolerate discrimination or harassment by its employees, unpaid interns, or volunteers of non- employees with whom the District employees, unpaid interns or volunteers have a business, service or professional relationship. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 2 of 6 The District will also attempt to protect employees, unpaid interns, and volunteers from harassment by non-employees in the workplace. DEFINITIONS Discrimination – Any decision or action that is based on an individual’s status as a member of a protected class that adversely affects a District employee, unpaid intern or volunteer, or the employee’s, unpaid intern’s, or volunteer’s work conditions, terms of employment, or work environment. Harassment – Any decision or action that is based on a District employee’s, unpaid intern’s, or volunteer’s status as a member of a protected class, made for the purpose or having the effect of adversely affecting that employee’s, unpaid intern’s, or volunteer’s work conditions, terms of employment, or work environment. Harassment may include, but is not limited to:  Verbal conduct such as epithets, derogatory jokes or comments, slurs, or unwelcome sexual advances, invitations or comments;  Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;  Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work;  Threats and demands to submit to sexual requests as a condition of continued employment or to avoid an adverse consequence, and offers of employment benefits in return for sexual favors. Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 3 of 6 Protected Class – Any class of persons who share a common sex , race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, age, sexual orientation, military or veteran status or any other “protected class” recognized by federal, state or local laws. For purposes of this definition, “sex” includes gender, gender identity, gender expression, pregnancy, childbirth, or a pregnancy- or childbirth-related medical condition. Retaliation – Any decision or action that is based on the fact that a District employee, unpaid intern, or volunteer has previously complained of discrimination, harassment, or retaliation prohibited by this Policy (regardless of whether a formal complaint has been made) or has provided evidence in the investigation of another District employee’s, unpaid intern’s, or volunteer’s complaint under this Policy, made for the purpose of adversely affecting the employee’s, unpaid intern’s, or volunteer’s conditions of employment, terms of employment, or work environment. Sexual Harassment – A form of harassment that is based on an employee’s, unpaid intern’s, or volunteer’s gender but which objectively and subjectively creates an adverse impact on the employee, unpaid intern, or volunteer regardless of the purpose or intent of the alleged harasser. COMPLAINT PROCEDURE An employee, unpaid intern, volunteer, or job applicant who believes he or she has been the victim of discrimination, harassment, or retaliation by a District employee, a member of the Board of Directors, or a vendor may make a complaint verbally, or in writing by completing the District’s Discrimination and Harassment Complaint Form. An employee, unpaid intern, or volunteer may make a complaint to any of the following:  Human Resources;  Any supervisor, manager, Assistant Department Chief, Department Chief, Assistant General Manager, or General Manager; OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 4 of 6  Complaints against the General Manager should be directed to the President of the Board of Directors. Applicants may make a complaint to any of the following:  Human Resources or;  General Manager. Any person described above shall forward each written discrimination complaint to the General Manager or designee immediately of receiving the complaint or having knowledge of the complaint. If a complaint is made verbally, the person receiving the complaint shall notify Human Resources immediately. Every reported complaint of discrimination, harassment or retaliation will be investigated thoroughly and promptly. If any manager, supervisor, Assistant Department Chief, Department Chief, or Assistant General Manager becomes aware of or suspects discrimination, harassment, or retaliation against a District employee, unpaid intern, volunteer, or applicant, or any allegation thereof, he/she must immediately notify the Human Resources Manager of the relevant facts and circumstances. The General Manager or designee may conduct the investigation of alleged discrimination, harassment, or retaliation, or may delegate responsibility for the investigation to another District management employee. If the complaint is against the General Manager, the President of the Board of Directors shall be responsible for conducting the investigation, assigning another management employee, or outside investigator and overseeing the investigation. If the complaint is against the Board of Directors, the General Manager shall be responsible for contracting with an outside investigator to conduct the investigation. The Board will take appropriate action based on the findings. During its investigation, the District shall take appropriate steps to protect the privacy of all parties involved. However, this shall not be construed to justify refusing to inform a person who has been accused of violating this Policy of the identity of the complainant and witnesses against him/her. Reports of discrimination, OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 5 of 6 harassment, or retaliation may not be made anonymously, but information regarding any report and subsequent investigation will be disseminated on a “need to know” basis. In the event that an investigation will take longer than 60 calendar days to complete, the investigator must notify the complainant of this fact prior to the expiration of 60 days and provide an anticipated completion date, in writing. If a finding is made that discrimination, harassment, or retaliation has occurred, the District shall take remedial action appropriate to the circumstances, which may include disciplinary action up to and including termination for an employee, separation from the internship or volunteer opportunity for an unpaid intern or volunteer who has violated this Policy, or sanctions for a vendor who has violated this Policy. Every District employee, unpaid intern, and volunteer has a duty to participate in good faith in any investigation conducted under this Policy. Failure to participate in good faith is a ground for disciplinary action appropriate to the circumstances. All employees, unpaid interns, and volunteers are encouraged to report in good faith discrimination, harassment, or retaliation. The District will not tolerate retaliation against any employee, unpaid intern, or volunteer making a good faith complaint of discrimination, harassment or retaliation, or for cooperating in an investigation. However, reports made maliciously or in bad faith may subject an employee, unpaid intern, or volunteer to disciplinary action appropriate to the circumstances up to and including termination or separation from the internship or volunteer opportunity. The action of making a complaint does not preclude a complainant from filing a complaint with the appropriate State or Federal agency. For information as to where to file a claim, an employee may contact the Equal Employment Opportunity Commission at www.eeoc.gov or(213) 894-1000 or the Department of Fair Employment and Housing at www.dfeh.ca.gov or(800) 884-1684. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 11/5/14 3/4/15 Page 6 of 6 POLICY HISTORY Human Resources Policy and Procedure, Effective August 4, 1993. Board Policy adopted October 11, 2005. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 3/4/15 Page 1 of 5 PURPOSE The purpose of this policy is to (i) advise all employees, unpaid interns, and volunteers that the Otay Water District (“District”) disapproves of and will not tolerate unlawful discrimination or harassment of its employees, unpaid interns or volunteers, or retaliation against those who report such behavior, and (ii) set forth a procedure for investigating and resolving internal complaints of discrimination, harassment, or retaliation. POLICY The District is committed to providing a work environment free of unlawful discrimination, harassment, or retaliation against those who report discrimination or harassment. Discrimination or harassment based on sex (including gender, gender identity, gender expression, pregnancy, childbirth or related medical condition), race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, age, sexual orientation, military or veteran status or any other basis protected by federal, state or local law is prohibited. Discrimination or harassment based on the perception that a person has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics, is prohibited. Retaliation against any person who complains of unlawful discrimination or harassment or who provides evidence relating to such a complaint, is prohibited. This Policy applies to all terms and conditions of employment, including, but not limited to: hiring, placement, advancement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. It applies to each District employee, member of the Board of Directors, unpaid interns, volunteers and to all vendors conducting business with the District. Similarly, the District will not tolerate discrimination or harassment by its employees, unpaid interns, or volunteers of non- employees with whom the District employees, unpaid interns or volunteers have a business, service or professional relationship. The District will also attempt to protect employees, unpaid interns, and volunteers from harassment by non-employees in the workplace. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 3/4/15 Page 2 of 5 DEFINITIONS Discrimination – Any decision or action that is based on an individual’s status as a member of a protected class that adversely affects a District employee, unpaid intern or volunteer, or the employee’s, unpaid intern’s, or volunteer’s work conditions, terms of employment, or work environment. Harassment – Any decision or action that is based on a District employee’s, unpaid intern’s, or volunteer’s status as a member of a protected class, made for the purpose or having the effect of adversely affecting that employee’s, unpaid intern’s, or volunteer’s work conditions, terms of employment, or work environment. Harassment may include, but is not limited to:  Verbal conduct such as epithets, derogatory jokes or comments, slurs, or unwelcome sexual advances, invitations or comments;  Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;  Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work;  Threats and demands to submit to sexual requests as a condition of continued employment or to avoid an adverse consequence, and offers of employment benefits in return for sexual favors. Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. Protected Class – Any class of persons who share a common sex, race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, age, sexual orientation, military or veteran status or any other “protected class” recognized by federal, state or local laws. For purposes of this definition, “sex” includes gender, gender OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 3/4/15 Page 3 of 5 identity, gender expression, pregnancy, childbirth, or a pregnancy- or childbirth-related medical condition. Retaliation – Any decision or action that is based on the fact that a District employee, unpaid intern, or volunteer has previously complained of discrimination, harassment, or retaliation prohibited by this Policy (regardless of whether a formal complaint has been made) or has provided evidence in the investigation of another District employee’s, unpaid intern’s, or volunteer’s complaint under this Policy, made for the purpose of adversely affecting the employee’s, unpaid intern’s, or volunteer’s conditions of employment, terms of employment, or work environment. Sexual Harassment – A form of harassment that is based on an employee’s, unpaid intern’s, or volunteer’s gender but which objectively and subjectively creates an adverse impact on the employee, unpaid intern, or volunteer regardless of the purpose or intent of the alleged harasser. COMPLAINT PROCEDURE An employee, unpaid intern, volunteer, or job applicant who believes he or she has been the victim of discrimination, harassment, or retaliation by a District employee, a member of the Board of Directors, or a vendor may make a complaint verbally, or in writing by completing the District’s Discrimination and Harassment Complaint Form. An employee, unpaid intern, or volunteer may make a complaint to any of the following:  Human Resources;  Any supervisor, manager, Assistant Department Chief, Department Chief, Assistant General Manager, or General Manager;  Complaints against the General Manager should be directed to the President of the Board of Directors. Applicants may make a complaint to any of the following:  Human Resources or;  General Manager. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 3/4/15 Page 4 of 5 Any person described above shall forward each written discrimination complaint to the General Manager or designee immediately of receiving the complaint or having knowledge of the complaint. If a complaint is made verbally, the person receiving the complaint shall notify Human Resources immediately. Every reported complaint of discrimination, harassment or retaliation will be investigated thoroughly and promptly. If any manager, supervisor, Assistant Department Chief, Department Chief, or Assistant General Manager becomes aware of or suspects discrimination, harassment, or retaliation against a District employee, unpaid intern, volunteer, or applicant, or any allegation thereof, he/she must immediately notify the Human Resources Manager of the relevant facts and circumstances. The General Manager or designee may conduct the investigation of alleged discrimination, harassment, or retaliation, or may delegate responsibility for the investigation to another District management employee. If the complaint is against the General Manager, the President of the Board of Directors shall be responsible for conducting the investigation, assigning another management employee, or outside investigator and overseeing the investigation. If the complaint is against the Board of Directors, the General Manager shall be responsible for contracting with an outside investigator to conduct the investigation. The Board will take appropriate action based on the findings. During its investigation, the District shall take appropriate steps to protect the privacy of all parties involved. However, this shall not be construed to justify refusing to inform a person who has been accused of violating this Policy of the identity of the complainant and witnesses against him/her. Reports of discrimination, harassment, or retaliation may not be made anonymously, but information regarding any report and subsequent investigation will be disseminated on a “need to know” basis. In the event that an investigation will take longer than 60 calendar days to complete, the investigator must notify the complainant of this fact prior to the expiration of 60 days and provide an anticipated completion date, in writing. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject: POLICY AGAINST DISCRIMINATION AND HARASSMENT AND COMPLAINT PROCEDURE Policy Number Date Adopted Date Revised 47 10/11/05 3/4/15 Page 5 of 5 If a finding is made that discrimination, harassment, or retaliation has occurred, the District shall take remedial action appropriate to the circumstances, which may include disciplinary action up to and including termination for an employee, separation from the internship or volunteer opportunity for an unpaid intern or volunteer who has violated this Policy, or sanctions for a vendor who has violated this Policy. Every District employee, unpaid intern, and volunteer has a duty to participate in good faith in any investigation conducted under this Policy. Failure to participate in good faith is a ground for disciplinary action appropriate to the circumstances. All employees, unpaid interns, and volunteers are encouraged to report in good faith discrimination, harassment, or retaliation. The District will not tolerate retaliation against any employee, unpaid intern, or volunteer making a good faith complaint of discrimination, harassment or retaliation, or for cooperating in an investigation. However, reports made maliciously or in bad faith may subject an employee, unpaid intern, or volunteer to disciplinary action appropriate to the circumstances up to and including termination or separation from the internship or volunteer opportunity. The action of making a complaint does not preclude a complainant from filing a complaint with the appropriate State or Federal agency. For information as to where to file a claim, an employee may contact the Equal Employment Opportunity Commission at www.eeoc.gov or(213) 894-1000 or the Department of Fair Employment and Housing at www.dfeh.ca.gov or(800) 884-1684. POLICY HISTORY Human Resources Policy and Procedure, Effective August 4, 1993. Board Policy adopted October 11, 2005. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Kevin Koeppen, Finance Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Financing the Campo Road Sewer Main Replacement Project through California’s Clean Water State Revolving Fund (CWSRF) Program GENERAL MANAGER’S RECOMMENDATION: This is an informational item only. COMMITTEE ACTION: See Attachment A. PURPOSE: To inform the Board of Directors of the financing of the Campo Road Sewer Main Replacement Project (Campo Road Project) through the CWSRF. Staff is currently completing the CWSRF financial assistance application package related to the financing of the Campo Road Project. ANALYSIS: As part of the annual budgeting process the District prepares a five- year projection of rates, capital improvement projects (CIP) and financing needs. As part of the fiscal year 2015 budget the District identified the need for the sewer side of the District to borrow 2 approximately $3.8M for the funding of CIP projects for fiscal year 2016 and 2017. The District is in the process of developing the fiscal year 2016 budget which includes updating the CIP budget. Preliminary estimates performed by staff have identified a continuing need for the sewer side of the District to obtain debt financing. The CWSRF program is a state run program offering low cost financing for sewer projects. The CWSRF uses federal and state funds to make loans on a contract reimbursement basis to publicly-owned treatment works for the construction of wastewater treatment and sewage collection systems; water recycling facilities; the implementation of nonpoint source water quality control projects; and other eligible projects. The term of the financing for the District would be 20 years. The benefit of CWSRF is that it offers below-market rate financing, i.e. half of the most recent General Obligation (GO) bond rate at the time of funding approval. The current interest rate published by CWSRF based on a bond sale date of November, 2014 is 1.5%. In addition, cost of issuance is estimated to be much lower than issuing Certificates of Participation. The District has identified the $5.5M Campo Road Project as a sewer project that meets the eligibility requirements of the CWSRF. The Campo Road project is for upgrading 11,550 feet of sewer main capacity because the existing sewer main is under-sized. The project spans a period of three years from FY2015 to FY2017, which aligns with the budgeted timing of the borrowing. Also, the amount of the project allows the District to apply under a single project, which has some administrative efficiencies versus applying under multiple projects. The CWSRF process can take 9 months or longer and the initial application should be completed about a year prior to the start of construction. Therefore, the application process for the Campo Road sewer main replacement project should begin in the spring of 2015 since the project is expected to begin in the spring of 2016. Below is an estimated timeline of events for CWSRF process: May 2015 CWSRF Application resolutions submitted to Otay Water District Board of Directors June 2015 Application submission to CWSRF Summer 2016 Construction on Campo Road project begins Summer 2016 Funding of project expenses begins FY2017 Project completed FY2018 Loan repayment begins 3 FISCAL IMPACT: Joe Beachem, Chief Financial Officer Based on CWSRF current interest rate of 1.5% and a GO bond rate of 3.0% (CWSRF interest rate equals half of GO bond rate), for a $3.8 million loan with a 20-year term, it has the potential to save the District $600,000 in interest costs versus a general obligation bond issuance. Unlike financing through Certificates of Participation, financing through the CWSRF does not require the services of a Financial Advisor, Bond Counsel, and Disclosure Counsel but does require a legal opinion as part of the application process. The result is an additional savings versus issuing bonds of approximately $100,000. Staff requested quotes from three legal firms and received two responses. Based on cost and their knowledge of the District, under the General Manager’s authority the District is engaging Stradling, Yocca, Carlson & Rauth to perform the related legal services. Firm Amount Stradling, Yocca, Carlson & Rauth Variable Fee $7,500 to $12,000 Norton, Rose, Fulbright LLP Fixed Fee $20,000 STRATEGIC GOAL: The District ensures its continued financial health through long-term financial planning and debt planning. LEGAL IMPACT: None. Attachments: Attachment A – Committee Action ATTACHMENT A SUBJECT/PROJECT: Financing the Campo Road Sewer Main Replacement Project through California’s Clean Water State Revolving Fund (CWSRF) Program COMMITTEE ACTION: This is an informational item only. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: March 4, 2015 SUBMITTED BY: Geoff Stevens, Chief Information Officer PROJECT: Various DIV. NO. ALL APPROVED BY: German Alvarez, Asst. General Manager Mark Watton, General Manager SUBJECT: INFORMATIONAL ITEM – FISCAL YEAR 2015 MID-YEAR STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT GENERAL MANAGER’S RECOMMENDATION: No recommendation. This is an informational item only. COMMITTEE ACTION: See “Attachment A”. PURPOSE: To provide a mid-year report on the District’s Strategic Performance Plan for FY2015. ANALYSIS: The District is in the first year of the FY2015-2018 Strategic Plan. At the end of the second quarter of FY2015, the total results for both the Strategic Objectives and the Performance Measures exceeded the designated targets. 2 Strategic Plan Objectives 100% Of Strategic Plan Objectives On Schedule Strategic Plan Objectives are designed to ensure the District, as a whole, is making the appropriate high-level changes necessary to move the agency in the planned direction to meet new challenges and opportunities. The Strategic Objective results at mid-year were above target with all 19 items (100%) completed or on schedule. The designated target is 90%. Performance Measures 85% Of Performance Measures On Target Performance Measures are designed to track the day-to-day performance of the District. These items measure the effectiveness and efficiency of daily operations. Where possible, staff utilizes the AWWA Qualserve Benchmarks as the basis for comparison. FY15 second quarter results for measures were 39 of 46(85%)on or above target. This exceeds the combined target of 75%. 3 Next Steps Staff conducted a workshop with the Board on January 27, 2015, to gain insight and support for the newly revised objectives for the FY16- FY18 plan. Staff is finalizing these objectives and also revising the targets for performance measures. The revised objectives and performance measures will be presented to the Board as the initial step of the FY16 budget approval process in May 2015. Committee Reports – Slideshow The Strategic Plan results are presented to both the Finance, Administration and Communications Committee and the Engineering, Operations and Water Resources Committee with a specific focus on the most relevant information for each Committee. Strategic Plan Available to Board from the Internet All of the strategic plan results and associated details are provided in an online web-based application available to the Board through a VPN connection available from the District Secretary. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Informational item only, no fiscal impact. STRATEGIC GOAL: Strategic Plan and Performance Measures reporting is a critical element in providing performance reporting to the Board and staff. LEGAL IMPACT: None Attachments: Attachment A – Committee Action Attachment B – Strategic Plan Results Graphs Q2 FY2015 ATTACHMENT A SUBJECT/PROJECT: INFORMATIONAL ITEM – FISCAL YEAR 2015 MID-YEAR STRATEGIC PLAN AND PERFORMANCE MEASURES REPORT COMMITTEE ACTION: The Finance, Administration and Communications Committee reviewed this on this on February 18, 2015 and the Engineering, Operations and Water Resources Committee reviewed this on February 17, 2015, respectively. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full board. Strategic Plan  FY 2015 Quarter 2 Results All Objectives Are on Schedule or Completed 85% of Performance Measures Meet the Target