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HomeMy WebLinkAbout05-20-15 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 May 20, 2015 12:00 P.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 JU- RISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA DISCUSSION ITEMS 3. AWARD A CONTRACT TO WATCHLIGHT CORPORATION FOR ENTERPRISE PHYSICAL SECURITY AND ACCESS CONTROL, EQUIPMENT MAINTENANCE, AND AS-NEEDED SERVICES IN AN AMOUNT NOT-TO-EXCEED $500,000 FOR FISCAL YEARS 2016 AND 2017 ($250,000 PER FISCAL YEAR) WITH A CONTRACTUAL END DATE OF JUNE 30, 2017 (PAYNE) [5 mins] 4. APPROVE THE IMPLEMENTATION OF VARIOUS CONSERVATION EFFORTS TO COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD’S EMERGENCY CONSERVATION REGULATIONS OF POTABLE URBAN WATER USE (CAREY/BUELNA) [5 minutes] 5. ADOPT ORDINANCE NO. 551 WHICH DECLARES A STATE DROUGHT EMERGENCY AND CALLS FOR MANDATORY CONSERVATION MEASURES TO ACHIEVE MANDATED CONSERVATION TARGETS (CAREY) [5 minutes] 6. ADJOURNMENT 2 BOARD MEMBERS ATTENDING: Mitch Thompson, Chair Jose Lopez All items appearing on this agenda, whether or not expressly listed for action, may be delib- erated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the Dis- trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability which would require accommodation in order to enable you to par- ticipate 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 May 15, 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 being 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 May 15, 2015. ______/s/_ Susan Cruz, District Secretary _____ STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 3, 2015 PROJECT: Various DIV. NO. ALL SUBMITTED BY: Kent Payne Purchasing and Facilities Manager APPROVED BY: Adolfo Segura, Assistant Chief, Admin & IT Services German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: AUTHORIZE AGREEMENT WITH THE WATCHLIGHT CORPORATION FOR ENTERPRISE PHYSICAL SECURITY AND ACCESS CONTROL, EQUIPMENT MAINTENANCE, AND AS-NEEDED SERVICES GENERAL MANAGER’S RECOMMENDATION: That the Board authorize entering into an agreement with The Watchlight Corporation (Watchlight) in an amount not-to-exceed $250,000 for enterprise physical security and access control, equipment maintenance, and as-needed services from July 1, 2015 to June 30, 2016, with an optional one (1) year extension of $250,000. COMMITTEE ACTION: See “Attachment A”. PURPOSE: The purpose of this staff report is to present solicitation results and request that the Board authorize entering into an agreement with The Watchlight Corporation for enterprise physical security and access control, equipment maintenance, and as-needed services from July 1, 2015 through June 30, 2016, in an amount not-to-exceed $250,000, with an optional one (1) year extension of $250,000. 2 ANALYSIS: Current Facility Conditions: Intrusion Alarm Systems: The District operates a main campus of 3 buildings and over 40 remote facilities throughout the District. The majority of these sites are monitored for intrusion through Digital Monitoring Products (DMP) alarm security systems. Each system has its own permissions database that requires the District’s security services provider to maintain and update. Many remote sites employ numeric keypads posing a security risk when codes are not routinely updated and most of these systems have reached the end of their useful life. Over many years, the District has employed a number of security contractors each with their own approach and standard of work. As a result, a mix of security systems, components and wireless devices have been deployed in places where hardwired and standardization is desired. Many of the systems are no longer Underwriters Laboratories (UL) compliant. Physical Access Control: Lenel Software (Lenel), as a standalone program, provides gate and building access control at fewer than half of the District’s facilities. IT staff is required to maintain and manage permission databases at each of these sites in addition to coordinating with the security services provider to update intrusion alarm systems. Denial of access and false alarms are not uncommon due to changing employee permissions and the delays in synchronizing multiple databases. The sites without access control utilize chain and combination locks to secure the grounds, and where buildings exist, master keys are issued to staff. Each pose security risks through lost keys, the need for lock code rotation, and chains being cut. Facility Video Surveillance: Where it exists, video surveillance is provided by Milestone video management system (Milestone) and is utilized mainly for forensic purposes. Real-time intrusion alarm video verification is not available under the currently supported security management tools. Standardization and Modernization Program (Program): The purpose of the Program is to standardize and modernize the District’s physical security alarm, access control, and video verification systems and to consolidate administrative functions under DMP’s Entré Access & Security Management System Software (Entré). Each facility’s final design can be imported as a security layer within the District’s geographic information system (GIS). In addition, the District can expect a minimum 20-year infrastructure life span under the Program’s UL requirements. Those facilities currently secured with mechanical chain and combination lock will be converted to DMP access and all keypad security panels will be upgraded to eliminate the need 3 for codes. Staff access and security authentication will be delivered through assigned credentials (i.e., FOB, RFID, and digital clicker), which can be tracked and verified in real-time. With a standardized system, Lenel functions will be rolled into DMP allowing for one centrally managed and maintained permissions database, saving significant management hours along with the yearly support and license fees. It also eliminates the dispatch of security or District personnel for false alarms, prevents unintentional access denials, provides management tools to remotely assist staff and/or vendors with access and/or to arm/disarm zones, and, provides a path for intrusion alarm video verification through Milestone. Solicitation and Methodology: Staff issued RFQ-FY16-01 seeking DMP certified respondents with the goal to identify the most responsible contractor. As it’s not feasible nor desirable to conduct a District-wide site walk, staff compiled a list of components, materials and labor categories, which are expected to be utilized in the Program and assigned each a weight reflecting possible quantities. Respondents were instructed that, after a contract is awarded, staff will prioritize, direct and consult with the awarded contractor on system design and functionality per location utilizing design-build and value engineering techniques. Final designs and costs will be approved by staff. Solicitation Results: District received four responsive proposals. Respondents were given a score based on the sum of quoted unit prices multiplied by the assigned weight. Watchlight received the lowest overall score (Attachment B). Watchlight is a local family-owned corporation, established in 1972, with 68 employees. They are the District’s current intrusion alarm monitoring company and have successfully completed similar projects at EagleBurgmann Industries, Helix Water District, and at the District itself including an Entré proof-of-concept project at the District’s 657-1&2 Reservoir facility. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Safety and Security Improvements CIP P2382 designates $250,000 for each of the fiscal years 2016 and 2017. The District’s Purchasing & Facilities Manager and Safety & Security Specialist have projected that this amount is sufficient to meet the District’s needs of enterprise physical security and access control, equipment maintenance, and as- needed services for both fiscal years. 4 STRATEGIC GOAL: The implementation of enterprise physical security and access control, equipment maintenance, and as-needed services is in line with and supports the District’s goals and objectives to evaluate and enhance the District’s physical security infrastructure, processes and planning in order to maintain a safe, secure, and efficient workplace. LEGAL IMPACT: None. Attachments: Attachment A – Committee Action Report Attachment B – Score Sheet - Enterprise Physical Security and Access Control, Equipment Maintenance, and As-Needed Services ATTACHMENT A SUBJECT/PROJECT: AUTHORIZE AGREEMENT WITH THE WATCHLIGHT CORPORATION FOR ENTERPRISE PHYSICAL SECURITY AND ACCESS CONTROL, EQUIPMENT MAINTENANCE, AND AS-NEEDED SERVICES COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on May 20, 2015. The Committee supports presentation to the full Board for their consideration. 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. SCORE SHEET      District  Experience References 1 Watchlight Corporation 32,235 El Cajon, CA Corporation 1972 68 Yes No Yes Excellent Excellent 2 Standard Electronics 33,883 Santee, CA Corporation 1955 33 Yes None Listed  Certificate  None Listed Poor 3 American Security Group 36,390 Vista, CA Corporation 1991 25 Yes No  Certificate  None Listed None 4 Time and Alarm 38,129 Mira Loma, CA Corporation 1978 65 Yes K.A. Electric Yes Good Rank Poor/Good/Excellent Score HQ Entity Established Employees SB 854 Registered  Contractor Sub‐ Contractor Entré  Experience Item # Description Weight Score Score Score Score QUOTATION FORM 11/2" Cord strain relief connector 13 59 30 146 31 21/2" Coupling Rain Tight Connector 16 20 12 11 68 31/2" EMT Conduit Pipe 10 ft 26 100 26 103 57 41/2" TA Rain Tight Connector 27 41 81 20 29 51/2" Tee EMT with Pull Cover 3 19 20 34 27 6 12V DC 7Ah Backup Battery 8 400 108 141 115 7 16ch 12v DC 5Amp power supply 2 278 454 363 314 8 18/4 Wire 1000 ft Pull Box 6 1,632 1,416 1,440 1,273 9 22/4 Wire 1000 ft Pull Box 4 388 316 708 320 10 3/4"  EMT Conduit Pipe 10 ft 25 153 1,425 148 102 11 3/4"  PVC Conduit Pipe 10 ft 50 171 1,500 230 123 12 3/4" LB back pull cover 5 44 25 66 19 13 3/4" Rain Tight Coupling Connector 38 95 48 55 242 14 3/4" Superstrut strap 25 63 21 50 45 15 3/4" TA Rain tight Terminal adapter 100 206 105 144 29 16 3/4" Tee with pull door 9 79 63 161 34 17 AC Transformer 16.5VAC 50mA 9 135 99 152 130 18 DMP 1100XW Wireless Receiver High Power 1 132 97 89 90 19 DMP 263C Cell Station 2 430 422 389 392 20 DMP 307 Enclosure Tamper Switch 15 185 180 167 167 21 DMP 330 Dual End 4‐Wire Harness 17 102 100 112 94 22 DMP 387‐1  EXT Antenna 90db 2 476 466 429 432 23 DMP 387‐4 Ext Antenna Cable 4ft 2 72 70 65 65 24 DMP 710 Bus Splitter/Repeater 2 94 92 88 85 25 DMP 714‐16 Zone Expander Module 4 920 768 707 713 26 DMP 714‐8 Zone Expander Panel 4 468 452 185 420 27 DMP 716 Output Relay Module 3 420 261 240 242 28 DMP 734 Access Door Control Module 22 2,860 2,772 2,640 2,577 29 DMP XR Series Enclosure 11 776 759 698 702 30 DMP XT Series Enclosure 1 25 24 22 22 31 DMP XR150N Alarm/Access Control Panel 1 750 408 357 375 32 DMP XR550 Access/Alarm Control Panel 2 1,900 1,194 1,090 1,098 33 DMP XT Series Enclosure 2 49 48 44 45 34 ELK 924 DPDT Relay  Module 2 30 32 26 23 35 ELK 960 Timed/Delay DPDT Relay Module 1 37 32 17 24 36 ELK‐912‐8 SPDT 10A Relay Module 6 135 75 198 43 37 High Security Contact 29 870 3,654 2,777 2,853 38 Micro 360 Ceiling Mount Motion Detector 1 350 117 70 96 39 Micro Wall Motion Detector 11 1,485 1,045 385 858 40 Outdoor Photo Electric Beam 4 648 2,416 726 1,872 41 PIZO 12V DC 3 45 33 11 10 42 Prox Card Reader # HID‐FP4521A Format‐10022 5 1,100 1,070 1,118 708 43 SMP3 Aux Power Supply 12v DC 3Amp 4 183 156 165 110 44 SMP5 Aux Power Supply 12V DC 5A 4 290 232 228 161 45 Superstrut thick wall 10 ft 2 65 38 95 47 46 Superstrut thin wall 10 ft 2 55 30 82 39 47 W/P 12"x12"x6"  Plastic Box 5 280 240 357 202 48 W/P 1‐Gang Box 15 210 53 242 61 49 W/P 2‐Gang Box 15 242 105 341 151 50 W/P 4"x4"x2" Plastic Box 10 115 180 270 83 51 W/P 8"x8"x6" Plastic Box 10 316 315 529 272 52 trip charge 30 0 0 3,600 1,800 53 general install labor rate (conduit, wire pull, etc) 50 3,400 2,050 4,250 3,750 54 programming labor rate 100 6,800 6,500 8,500 9,000 55 alarm & access system design labor rate 30 2,040 1,650 2,850 3,750 Cumulative Score 32,235 33,883 38,129 36,390 WATCHLIGHT STANDARD  ELECTRONICS TIME AND  ALARM AMERICAN  SECURITY GROUP STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 3, 2015 SUBMITTED BY: Armando Buelna, Communications Officer Andrea Carey, Customer Service Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Implementation of Various Conservation Efforts to Comply with the State Board’s Emergency Conservation Regulations of Potable Urban Water Use GENERAL MANAGER’S RECOMMENDATION: This is an informational item only. COMMITTEE ACTION: See Attachment A. PURPOSE: To comply with the State Water Board’s emergency conservation regulations of potable urban water use. ANALYSIS: On April 1, 2015, Governor Jerry Brown issued a series of executive orders to address California’s ongoing drought and establish a statewide goal of reducing urban potable use by 25%. In response, on May 5, 2015, the State Water Resources Control Board implemented 2 statewide mandatory conservation targets for all urban water suppliers. The State Water Board is mandating cuts of 20% for Otay. This targeted reduction is based on usage from 2013. The State will begin assessing compliance with the submittal of the June monthly report on July 15th. District staff is moving quickly to begin educating customers on the seriousness of the drought and the importance of conservation. Conservation Actions In order to meet the conservation target, staff is working on a variety of processes to encourage additional conservation throughout the District. Below are various conservation action items staff will be working on in the coming months. Although, staff has developed new conservation strategies, it is important to highlight those processes that were put into place before the State mandate. The table below shows conservation processes already in place: Process Description Leak Alarm Notification This outreach program uses the Master Links technology to identify leak alarms. Based on usage pattern, the customer receives an email, letter or site visit. Bill Inserts Bill inserts/newsletters include water conservation messaging. These are sent to all our customers. Website Updates Latest updates and conservation guidelines about the drought. Water Waste Tracking Online water waste reporting and automated letters. Tamper Alarms Monitor meter reading software for tamper alarms which signal meter tampering and act accordingly. Beginning on or before June 1st, the following items will be implemented: 3 Process Description Auto‐dial or Email Campaign Message to all water customers announcing state mandate specific to Otay. Drought Webpage and Hotline Creation of a webpage and hotline which gives customers specific information related to the state mandate and conservation resources. Conservation Outreach to Commercial Irrigation Customers Target all irrigation customers to inform them of state mandate and the need to reduce outdoor irrigation 25%. Conservation Outreach to Well Water Sites Letters mailed to all known commercial well customers notifying them of state mandates specific to well water customers. Conservation Outreach to Top Users Sr. Water Conservation Specialist to make personal contact with District's top residential, commercial and master meter users. Conservation will also develop targeted letter, emails and automated phone calls to users based on consumption. Signs at Common Areas CWA has provided Otay signs that can be strategically placed in areas throughout the District. Additional Messaging Social media and bill messages added/changed to communicate the drought message. Door Hangers New door hangers are being created that can be left at those residential homes or businesses where water waste is observed. Bill Envelope Messages (Sniping) Otay will put messages on the outside of the bill envelope to communicate the drought message and ways to save. Increased CWA Water Audits Water audits will be highlighted as part of overall water conservation messaging. Evaluation of District's Internal Water Use Staff will be evaluating current landscape irrigation patterns for District facilities to ensure the District is in compliance. Recycled Water Use Signs Signs will be available to recycled water customers that highlight recycled water is currently in use at their location. Interactive Water Target Information on Website Customers will be able to go to a web page and enter account information which will give a targeted conservation amount based on 2013 usage history. 4 The following items will be implemented by July 1st: Process Description Temporary Staff To assist with outreach and conservation efforts. Ordinance 551 Approval by Board of Ordinance 551 adding Section 40 (State Drought Response) to the District’s Code of Ordinances. Conservation Packets Packets that can be mailed to customers who request more information or handed to customers when water waste is observed. Email Notifications to Customers in Highest Tier Email customers to notify them how much of their water is being billed at the highest rate and give them a target for the next month. Conservation Targets for all Customers Staff will be working to communicate personal monthly conservation targets to all customers either via their Otay bill or a separate letter/email. This last set of action items will take District staff more time and may require services from outside contractors, therefore, completion has an added complexity and will be more challenging. Staff will keep the Board updated on the progress of these items. Process Description Changes to Bill Print Enhancing the bill print to include 2013 usage data, billing tiers and usage targets. Text Messaging Staff is working on the ability to send text messages to customers to alert them of leaks, water waste or high consumption. Recycled Water for Fire Department and Street Sweeping This is an idea currently being investigated by staff to allow recycled water to be used for fire training and street sweeping. Increase Frequency of Large Meter Testing This effort would ensure our largest water users are accurately billed for all usage flowing through their meters. Currently, they are tested annually. Leak Detection Program The District will be accelerating its leak detection program. The start date in anticipated to be February 2016. Staff will be working closely with neighboring water agencies to ensure conservation efforts align across the region. Staff will also be closely monitoring customer response of the messages communicated and will make modifications, as 5 necessary, to ensure all customers are aware and take the need to conserve seriously. The District’s Code of Ordinances allows action against water waste up to and including disconnection of service and/or fines for repeat, egregious offenders. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The cost of additional water conservation efforts is estimated to be approximately $550,000. Contingency funds are currently included in fiscal year 2015 and are proposed for the fiscal year 2016 budget. Any additional funds related to the expansion of the recycled system are budgeted separately. STRATEGIC GOAL: Actively manage water supply and demand. LEGAL IMPACT: None. Attachments: A) Committee Action ATTACHMENT A SUBJECT/PROJECT: Implementation of Various Conservation Efforts to Comply with the State Board’s Emergency Conservation Regulations of Potable Urban Water Use 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: June 3, 2015 SUBMITTED BY: Andrea Carey, Customer Service Manager PROJECT: DIV. NO. All APPROVED BY: Joseph R. Beachem, Chief Financial Officer German Alvarez, Assistant General Manager Mark Watton, General Manager SUBJECT: Adopt Ordinance No. 551 Declaring a State Drought Emergency and Calling for Mandatory Conservation Measures to Achieve Mandated Conservation Targets and Implementing Section 40, State Drought Response, in the District’s Code of Ordinances GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Ordinance No. 551 declaring a state drought emergency and calling for mandatory conservation measures to achieve mandated conservation targets and implementing Section 40, State Drought Response, in the District’s Code of Ordinances. COMMITTEE ACTION: See Attachment A. PURPOSE: To comply with the State Water Board’s emergency conservation requirements resulting from the Governor’s Executive Order. ANALYSIS: As a result of three consecutive dry years in the State of California, Otay Water District Board of Directors voted on August 6, 2014 to declare a Water Shortage Response Level 2 – Supply Alert Condition. At a level 2, many voluntary conservation measures became mandatory and the District increased its conservation messaging to all customers. With emergency drought conditions persisting throughout California, Governor Jerry Brown issued an executive order on April 1, 2015, requiring mandatory conservation for all residents. The Governor directed the State Water Resources Control Board (“State Water Board”) to take immediate action to achieve a 25% reduction in potable urban water use. On May 5, 2015, the State Water Board adopted emergency regulations mandating all urban water suppliers cut potable water use by 8 to 36 percent depending on their residential gallons-per-capita-per-day average from July-September 2013. Otay Water District’s reduction target is 20%. Unfortunately, the State Water Board’s decision did not give credit to those agencies that have already been conserving over the past decade or those regions who have worked to develop drought-proof water supplies. As a result of diversifying its water supplies over the past twenty five years, the San Diego County Water Authority expects to have enough water in fiscal year 2016 to meet nearly all of the typical water demands for its member agencies, including Otay. At this time, Otay Water District does not have a water supply shortage; however, per the State Water Board mandate, it must reduce total potable water use by 20% of 2013 levels. Ordinance No. 551 will incorporate the State Water Board’s regulations to facilitate compliance and will give the General Manager or his designee authority to put mandatory conservation practices in place in accordance with any regulations set forth by the County Water Authority. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The cost of additional water conservation efforts is estimated to be approximately $550,000. With an anticipated 12% decline in water usage, staff expects an estimated $7 million net revenue decline which would be offset with a 1.5 percent water rate increase. STRATEGIC GOAL: Actively manage water supply and demand. LEGAL IMPACT: None. Attachments: A) Committee Action B) Ordinance No. 551 Exhibit 1 - Section 40 ATTACHMENT A SUBJECT/PROJECT: Adopt Ordinance No. 551 Declaring a State Drought Emergency and Calling for Mandatory Conservation Measures to Achieve Mandated Conservation Targets and Implementing Section 40, State Drought Response, in the District’s Code of Ordinances COMMITTEE ACTION: The Finance, Administration, and Communications Committee recommend that the Board adopt Ordinance No. 551 declaring a State Drought Emergency and calling for mandatory conservation measures to achieve mandated conservation targets and implementing Section 40, State Drought Response, in the District’s Code of Ordinances. 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. ORDINANCE NO. 551 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT ADDING SECTION 40, STATE DROUGHT RESPONSE, TO THE DISTRICT’S CODE OF ORDINANCES WHEREAS, California is experiencing an unprecedented drought due to four years of lower than anticipated rainfall and snowfall; and WHEREAS, in response to the drought, Governor Brown declared a statewide drought emergency on January 17, 2014; and WHEREAS, on March 1, 2014, Governor Brown signed a drought relief package, SB 104, which expanded the State Water Resources Control Board’s (herein “State Water Board”) authority to adopt emergency regulations in certain drought conditions; and WHEREAS, on July 15, 2014, the State Water Board adopted emergency conservation regulations implementing water restrictions for all Californians and mandating that all urban suppliers implement their Water Shortage Plans at a level that triggers mandatory restrictions on outdoor water use; and WHEREAS, in response to the July 15, 2014 order, on August 6, 2014, the Otay Water District (herein "District") adopted Resolution No. 4239 declaring a Water Shortage Response Level 2 - Supply Alert Condition, which called for mandatory conservation measures, in order to comply with the State Water Board’s emergency conservation regulations; and Attachment B WHEREAS, on March 17, 2015, the State Water Board amended and readopted the emergency regulation to support water conservation (Resolution No. 2015-0013), which became effective March 27, 2015 upon approval by OAL; and WHEREAS, on April 1, 2015, Governor Brown issued a new Executive Order, B-29-15, that directed the State Water Board to impose restrictions on urban water suppliers to achieve a statewide 25 percent reduction in potable urban usage through February 2016; required commercial, industrial, and institutional users to implement water efficiency measures; prohibited irrigation with potable water of ornamental turf in public street medians; and prohibited irrigation with potable water outside newly constructed homes and buildings that is not delivered by drip or micro spray systems; along with other directives; and WHEREAS, on May 5, 2015, the State Water Board amended and readopted the emergency regulation to support water conservation (Resolution No. 2015-0032); and WHEREAS, article 10, section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare; and WHEREAS, California Water Code sections 375 et seq. authorize water suppliers to adopt and enforce a comprehensive water conservation program; and WHEREAS, the District has adopted and enforces a comprehensive Water Shortage Response Program, Section 39 of the District’s Code of Ordinances, as most recently amended on August 6, 2014 via Ordinance No. 546, to allow the District to delay or avoid implementing measures such as water rationing or more restrictive water use regulations pursuant to a declared water shortage emergency as authorized by California Water Code sections 350 et seq.; and WHEREAS, notwithstanding the existence of the District’s Water Shortage Response Program and the ongoing drought, there is no appreciable water shortage in the San Diego region under San Diego County Water Authority supplies and allocations and, therefore, shortage-related restrictions under the Water Shortage Response Program may not be justified; and WHEREAS, despite the stable supply condition of the San Diego region, the Board nonetheless intends to comply with the State Water Board’s mandates and will use its best efforts to comply, in recognition of water issues throughout the State, the benefits of widespread conservation efforts for the good of the State as a whole, and in an effort to further encourage responsible water-related practices and lifestyles; and WHEREAS, the water conservation measures and restrictions on water use and method of use identified by this ordinance facilitate compliance with Executive Order B-29-15 and the State Water Board regulations adopted by Resolution No. 2015-0032, BE IT ORDAINED by the Board of Directors of Otay Water District that the District’s Code of Ordinances be amended by adding Section 40, State Drought Response, as per Exhibit 1 (attached). NOW, THEREFORE, BE IT RESOLVED that the new proposed Section 40, State Drought Response (Exhibit 1), of the Code of Ordinances shall become effective June 3, 2015. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 3rd day of June, 2015, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: President ATTEST: District Secretary SECTION 40. STATE DROUGHT RESPONSE 40.01 DECLARATION OF NECESSITY AND INTENT This Section establishes water management requirements in response to and in an effort to comply with State mandates related to ongoing drought conditions throughout the State. In particular, because of variations in conservation efforts and water supply levels and sources throughout the State, restrictions necessary for a concerted statewide effort may not correlate with the water shortage conditions and prerequisites for restrictions under the District’s Water Shortage Response Program set forth in Section 39, above. The District nonetheless recognizes the benefits of widespread conservation efforts for the good of the State as a whole and intends to exercise its best efforts to comply with applicable regulations and mandates. 40.02 CONSERVATION REGULATIONS RELATED TO EXECUTIVE ORDER B-29-15 a) In addition to the requirements of any Water Shortage Response Level declaration by the District, the District hereby incorporates by reference as if fully set forth herein the emergency regulation for statewide urban water conservation adopted by the State Water Resources Control Board (the “Water Board”) on May 5, 2015 via Resolution No. 2015-0032 in response to Executive Order B-29-15 issued by the Governor on April 1, 2015 (the “Emergency Regulation”), including, but not limited to, the requirements of section 864 of title 23 of the California Code of Regulations and the required potable water production reduction mandated for the District pursuant to section 865 of title 23 of the California Code of Regulations. b) To the extent there are any inconsistencies between the restrictions and mandates of the Emergency Regulation and any requirements of the District’s Water Shortage Response Level due, for example, to the District not experiencing water shortage conditions justifying further restrictions required by the Emergency Regulation, the more stringent requirement shall apply. c) Pursuant to Water Code section 1058.5, the Emergency Regulation shall remain in effect for up to 270 days unless the Water Board determines that it is no longer necessary due to changed conditions, or unless the Water Board renews the regulation due to continued drought conditions as described in Water Code section 1058.5. The District Board of Directors may declare an end to the application of the Emergency Regulation by the adoption of a resolution at any regular or special meeting held in accordance with State law provided, however, that the Emergency Regulation will automatically cease to apply upon expiration of the Emergency Regulations as set forth above. d) To the extent the San Diego County Water Authority requires restrictions in addition to and as a result of the Emergency Regulation and/or Executive Order B-29- 15, the General Manager is authorized to take action to implement the restrictions and conservations practices required.