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HomeMy WebLinkAbout01-22-14 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 January 22, 2014 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. APPROVE A MESSAGE ON ALL PROPOSITION 218 NOTICES DIRECTING CUSTOMERS TO CONTACT THE DISTRICT’S CUSTOMER SERVICE DEPARTMENT FOR AN EXPLANATION IN SPANISH OF THE CONTENTS OF THE 218 NOTICE (MENDEZ-SCHOMER) [5 minutes] 4. REAFFIRM RESOLUTION NOs. 4219 AND 4220 INITIATING THE PROCESS FOR THE EXCLUSION OF PARCELS WITHIN IMPROVEMENT DISTRICTS (IDs) 19 AND 25 AND ALSO AMEND THESE RESOLUTIONS TO REVISE THE DATE OF THE PUBLIC HEARING TO MARCH 5, 2014; CONCURRENT WITH THIS ACTION, THAT THE BOARD ALSO REAFFIRM THE RESOLUTIONS OF INTENTION, NOs. 4221 AND 4222, THAT ARE NECESSARY TO INITIATE THE PROCESS FOR THE ANNEXATION OF THE EXCLUDED PARCELS IN IDs 19 AND 25 INTO IDs 22 AND 20, RESPECTIVELY (BELL) [5 minutes] RECESS TO CLOSED SESSION 5. CLOSED SESSION 2 a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [GOVERNMENT CODE §54956.9] 1 CASE RETURN TO OPEN SESSION 6. 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 January 17, 2014 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 January 17, 2014. ______/s/_ Susan Cruz, District Secretary _____ STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: February 5, 2014 SUBMITTED BY: Alicia Mendez-Schomer, 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: Proposition 218 Notices for Spanish Speaking Customers GENERAL MANAGER’S RECOMMENDATION: That the Board instruct staff to include a brief, but prominent, message on all Proposition 218 notices directing customers to contact Customer Service for an explanation in Spanish. In addition, staff will place the same or similar message on the District website where the notices are posted. COMMITTEE ACTION: See Attachment A. PURPOSE: To address the Board’s concerns regarding Proposition 218 notices in Spanish and to better meet the needs of our customers. ANALYSIS: Staff understands the need to communicate the Proposition 218 notices to all our customers and also recognizes that not all customers have a convenient means to comprehend the information in these notices. The Proposition 218 notices are important notices which should be understood by our customers. The notices are legally required and highly sensitive as they must precisely convey the water and sewer rate changes and communicate the protest process. The Board discussed this issue during the recent Proposition 218 hearing highlighting that with the large number of Spanish speaking customers; there should be some means to address the needs of the Spanish speaking community. In Otay’s latest customer survey in 2012, the question of “preferred language” was asked. The results were that 2% of those surveyed expressed a desire, but not a need, for Spanish. Using that percentage of our 50,000 customers, 1,000 customers would prefer notices in Spanish. Based on this data, we expect the percentage of those who need information communicated in Spanish would be well below 2%. To meet this need staff has considered the following three options. 1. Fully translate the Proposition 218 notices into Spanish. Staff has researched the cost of translating and mailing the notices in Spanish. While it would be costly, this is not the main concern. The issue of translation is not as simple as finding a translation service and translating the notices. The legal sensitivity of these notices is extremely high; therefore, the typical translation service is not in a position to understand the nuances of the notices. The District must be precise and convey a message that will not be misunderstood by a careful reader. The ability of the District to implement rate changes depends on the language being able to withstand legal challenges. This finely crafted language is very difficult to execute in English and can only be well executed by someone who is intimately involved with our rates, highly expert in English, and understands the legal sensitivities of the Proposition 218 law. The District sends seven different notices. Each of these notices is particular to a specific customer class. Each notice has input from at least 10 staff members and the District’s legal counsel. These notices go through as many as 15 iterations as they are thoroughly and repeatedly reviewed and proofed. In addition to the risk of translation error is the limited time frame in which the District has to produce and distribute these notices in time to have the public hearing and implement the rates. This difficult process becomes much more risky and costly with the full translation and mailing of the notices. For these reasons staff recommends one of the other alternatives. 2. Place a message on all Proposition 218 notices. Place a brief, but prominent, message on all Proposition 218 notices directing customers to call Customer Service for an explanation in Spanish. Staff is fully confident in the Spanish speaking Customer Service Representatives’ ability to explain the rate changes and protest process to any Spanish speaking customer who calls. Therefore, explaining the notices would be accurate but would not have the legal sensitivity of a formal Spanish notice. This meets the needs of the Spanish speaking community, uses existing resources, and does not add risk to this highly sensitive and time restricted process. Staff would also place a brief, but prominent, Spanish message on the website where the notices are posted. 3. Informational piece in Spanish. Prepare and have available an informational piece in Spanish that would be offered to those who call for assistance. This informational piece would explain the rate changes and the protest process. Staff recommends that the effort to translate an informational piece only be spent on the residential customer class notices. It is expected that the other classes of service would have resources available to translate documents from English to other languages, as needed, in their business environment. However, all notices would have a prominent message in Spanish explaining how assistance can be obtained through our customer service department where staff would be available to assist all customer classes. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Option 1 would incur significant costs. Bids would need to be obtained to determine the exact costs if this option is chosen. Options 2 and 3 would be done by internal staff and no additional costs would be incurred. STRATEGIC GOAL: 1.1.1.2 Maximize our customer satisfaction by expanding and improving our communications. LEGAL IMPACT: None. Attachments: Attachment A – Committee Action ATTACHMENT A SUBJECT/PROJECT: Proposition 218 Notices for Spanish Speaking Customers COMMITTEE ACTION: That the Board approve the Finance, Administration and Communications Committee recommendation to instruct staff to include a brief, but prominent, message on all Proposition 218 notices directing customers to contact Customer Service for an explanation in Spanish. Additionally, that staff place the same or similar message on the District website where the notices are posted. 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: February 5, 2014 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: Adopt Amendments to Resolution Nos. 4219 and 4220 to Consolidate Improvement District (ID) 19 into ID 22 and ID 25 into ID 20 and Authorize Advertising of these Resolutions as Required by the Water Code and Government Code GENERAL MANAGER’S RECOMMENDATION: That the Board reaffirm the attached Resolutions of Intention, Nos. 4219 and 4220, initiating the process for the exclusion of parcels within Improvement Districts (IDs) 19 and 25 and also amend these resolutions to revise the date of the public hearing to March 5, 2014 to receive public comments regarding the District’s intention to annex the excluded parcels in IDs 19 and 25 into IDs 22 and 20, respectfully. The Board had previously approved the District’s intention to exclude parcels in IDs 19 and 25 and annex those parcels into IDs 22 and 20, respectively, at a meeting held on November 6, 2013, but is now simply setting a new date for the public hearing. Concurrent with said action, that the Board also reaffirm the attached Resolutions of Intention, Nos. 4221 and 4222 that are necessary to initiate the process for the annexation of the excluded parcels in IDs 19 and 25 into IDs 22 and 20, respectively. PURPOSE: That the Board authorize and initiate the process for the exclusion of parcels within Improvement Districts (IDs) 19 and 25 to be annexed into IDs 22 and 20, respectively. Authorize staff to advertise, per Government Code Section 6066, the attached Resolutions of Intention 4219, 4220, 4221, and 4222 for a period of two weeks. Once this requirement has been complied with, a second set of resolutions will be presented to confirm the exclusions and annexations. Direct staff to submit the appropriate forms and fees required to complete the Board action with the State Board of Equalization and the County of San Diego that would exclude parcels within IDs 19 and 25 to be annexed into IDs 22 and 20, respectively. A subsequent action will request that IDs 19 and 25 be dissolved effective July 1, 2014. ANALYSIS: On May 14, 2013, the Board directed staff to move forward with the consolidation process. 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 between IDs 19 and 22 and IDs 25 and 20, and staff has determined that there is no longer a reason to separate these parcels. This will streamline the accounting and tracking of these parcels within the District’s various information systems. Because the proposed consolidation technically imposes a “new” charge on customers, in compliance with the Proposition 218 requirements notices were sent to all customers within these IDs to inform them of their option to protest rate changes. The required public hearing took place at the September 4, 2013 Board Meeting where the Board determined there were no protests regarding this action. FISCAL IMPACT: Joe Beachem, Chief Financial Officer None. 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) Resolution No. 4219 Exhibit A – Legal Description ID 19 Exhibit B – Map ID 19 C) Resolution No. 4220 Exhibit A – Legal Description ID 25 Exhibit B – Map ID 25 D) Resolution No. 4221 Exhibit A – Legal Description ID 19 Exhibit B – Map ID 19 E) Resolution No. 4222 Exhibit A – Legal Description ID 25 Exhibit B – Map ID 25 ATTACHMENT A SUBJECT/PROJECT: Adopt Amendments to Resolution Nos. 4219 and 4220 to Consolidate Improvement District (ID) 19 into ID 22 and ID 25 into ID 20 and Authorize Advertising of these Resolutions as Required by the Water Code and Government Code COMMITTEE ACTION: That the Board reaffirm the attached Resolutions of Intention, Nos. 4219 and 4220, initiating the process for the exclusion of parcels within Improvement Districts (IDs) 19 and 25 and also amend these resolutions to revise the date of the public hearing to March 5, 2014 to receive public comments regarding the District’s intention to annex the excluded parcels in IDs 19 and 25 into IDs 22 and 20, respectfully. The Board had previously approved the District’s intention to exclude parcels in IDs 19 and 25 and annex those parcels into IDs 22 and 20, respectively, at a meeting held on November 6, 2013, but is now simply setting a new date for the public hearing. Concurrent with said action, that the Board also reaffirm the attached Resolutions of Intention, Nos. 4221 and 4222 that are necessary to initiate the process for the annexation of the excluded parcels in IDs 19 and 25 into IDs 22 and 20, 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. 1 RESOLUTION NO. 4219 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 19 WHEREAS, on April 19th, 1971 by Resolution No. 866, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 19 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on July 3rd, 1972 by Resolution No. 986, 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 and water rates and charges are identical between IDs 19 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 19 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 19 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 22; and WHEREAS, in compliance with Proposition 218, the Otay Water District held the required public hearing on the new fees and charges for the parcels excluded from ID 19 and annexed into ID 22, which were approved at its September 4, 2013 Board meeting, where the Board determined that there were no protests regarding this action; Attachment B 2 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 19, as identified in Exhibits A & B to this resolution. 2. That the taxes for carrying out the purposes of ID 19 will not be levied upon taxable property in the excluded territory following such exclusion. 3. That there is no bond debt on ID 19 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 19 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That, following such exclusion, the taxable property in the territory remaining in ID 19, if any, shall continue to be levied upon and taxed to provide funds for the purposes of ID 19. 5. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 19, 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. 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, March 5, 2014 at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 19 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 19, 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. 3 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 5th day of February, 2014. President ATTEST: Secretary 1 RESOLUTION NO. 4220 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO EXCLUDE PARCELS FROM IMPROVEMENT DISTRICT 25 WHEREAS, on May 1st, 1978 by Resolution No. 1498, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 25 for the purpose of incurring bonded indebtedness for the construction of a water transmission and distribution system; and WHEREAS, on May 17th, 1971 by Resolution No. 880, the Board formed ID 20 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges and water rates and charges are identical between IDs 25 and 20; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 25 into ID 20 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 25 pursuant to Water Code Sections 72080, et seq., with an eye towards annexing the excluded parcels into ID 20; and WHEREAS, in compliance with Proposition 218, the Otay Water District held the required public hearing on the new fees and charges for the parcels excluded from ID 25 and annexed into ID 20, which were approved at its September 4, 2013 Board meeting, where the Board determined that there were no protests regarding this action; Attachment C 2 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 25, as identified in Exhibits A & B to this resolution. 2. That the taxes for carrying out the purposes of ID 25 will not be levied upon taxable property in the excluded territory following such exclusion. 3. That there is no bond debt on ID 25 and, therefore, taxes for the payment of principal and interest on any outstanding bonds of ID 25 will not be levied upon taxable property in the excluded territory following such exclusion. 4. That, following such exclusion, the taxable property in the territory remaining in ID 25, if any, shall continue to be levied upon and taxed to provide funds for the purposes of ID 25. 5. That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in ID 25, 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. 6. That notice is hereby given that a hearing shall be held by the Board on Wednesday, March 5, 2014, at 3:30 p.m. on the questions of the proposed exclusion and the effect of such exclusion upon the Otay Water District, ID 25 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 25, 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. 3 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 5th day of February, 2014. President ATTEST: Secretary Page 1 of 3 RESOLUTION NO. 4221 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 19 INTO IMPROVEMENT DISTRICT 22 WHEREAS, on April 19th, 1971 by Resolution No. 866, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 19 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction and completion of water improvements and works; and WHEREAS, on July 3rd, 1972 by Resolution No. 986, 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 and water rates and charges are identical between IDs 19 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 19 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 19, if approved, into ID 22, pursuant to Water Code sections 72700, et seq.; and WHEREAS, in compliance with Proposition 218, the Otay Water District held the required public hearing on the new fees and changes for the parcels excluded from ID 19 and annexed into ID 22, if approved, at its September 4, 2013 Board meeting, where the Board determined that there were no protests regarding this action; Attachment D Page 2 of 3 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 19, 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 19, is to streamline the accounting and tracking of parcels in IDs with the same availability charges and water rates and charges, thereby increasing efficiencies for the Otay Water District without resulting in any changes to the fees or charges imposed on property owners. 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 19 and 22 following the annexation, is set forth on a map in Exhibit 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: Page 3 of 3 District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 4. That notice is hereby given that a hearing shall be held by the Board on Wednesday, November 6, 2013, 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 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 6th day of November, 2013. President ATTEST: __________________________________ District Secretary Page 1 of 3 RESOLUTION NO. 4222 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT DECLARING ITS INTENTION TO ANNEX PARCELS EXCLUDED FROM IMPROVEMENT DISTRICT 25 INTO IMPROVEMENT DISTRICT 20 WHEREAS, on May 1st, 1978 by Resolution No. 1498, the Otay Water District Board of Directors (“Board”) formed Improvement District (“ID”) 25 for the purpose of incurring bonded indebtedness for the construction of a water transmission and distribution system; and WHEREAS, on May 17th, 1971 by Resolution No. 880, the Board formed ID 20 for the purpose of incurring necessary bonded indebtedness for the acquisition, construction, and completion of water improvements and works; and WHEREAS, the availability charges and water rates and charges are identical between IDs 25 and 20; and WHEREAS, staff has determined that there is no longer a reason to separate these parcels; and WHEREAS, by initiating proceedings to consolidate ID 25 into ID 20 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 25, pursuant to Water Code sections 72700, et seq.; and WHEREAS, in compliance with Proposition 218, the Otay Water District held the required public hearing on the new fees and changes for the parcels excluded from ID 25 and annexed into ID 20, if approved, at its September 4, 2013 Board meeting, where the Board determined that there were no protests regarding this action; Attachment E Page 2 of 3 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 25, if approved, into ID 20, as described in Exhibit A: 2. That the purpose of the proposed annexation, in conjunction with the exclusion of parcels from ID 25, is to streamline the accounting and tracking of parcels in IDs with the same availability charges and water rates and charges, thereby increasing efficiencies for the Otay Water District without resulting in any changes to the fees or charges imposed on property owners. 3. A depiction of the area proposed to be annexed, and the boundaries of IDs 25 and 20 following the annexation, is set forth on a map in Exhibit 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: Page 3 of 3 District Secretary Otay Water District 2554 Sweetwater Springs Boulevard Spring Valley, CA 91978 4. That notice is hereby given that a hearing shall be held by the Board on Wednesday, November 6, 2013, 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 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 6th day of November, 2013. President ATTEST: __________________________________ District Secretary