HomeMy WebLinkAbout02-19-14 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
February 19, 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 THE ELIMINATION OF THE COLLECTION OF BETTERMENT
FEES FOR THE NORTH DISTRICT AND IMPROVEMENT DISTRICTS (ID) 9
AND 10; AND ADOPT ORDINANCE NO. 541 AMENDING SECTION 0.02 A,
DEFINITIONS; SECTION 25.03 G, H AND I, DEFINITIONS OF WATER
CATEGORIES, WATER RATES, CHARGES AND FEES; AND APPENDIX A OF
THE DISTRICT’S CODE OF ORDINANCES TO REFLECT THESE CHANGES
EFFECTIVE JULY 1, 2014 (BELL) [5 minutes]
4. APPROVE RESOLUTION NOs. 4224 AND 4225 TO COMPLETE THE
PROCESS FOR THE EXCLUSION OF PARCELS WITHIN IMPROVEMENT
DISTRICTS (IDs) 19 AND 25; CONCURRENT WITH THIS ACTION, THAT THE
BOARD ALSO APPROVE RESOLUTION NOs. 4226 AND 4227, THAT ARE
NECESSARY TO COMPLETE THE PROCESS FOR THE ANNEXATION OF
THE EXCLUDED PARCELS IN IDs 19 AND 25 INTO IDs 22 AND 20,
RESPECTIVELY (BELL) [5 minutes]
2
5. ADOPT ORDINANCE NO. 542 AMENDING SECTION 2.01, AUTHORITY OF
THE GENERAL MANAGER, OF THE DISTRICT’S CODE OF ORDINANCE
WITH REGARD TO AMENDMENTS FOR THE LEASE OF DISTRICT REAL
PROPERTY AND/OR SPACE ON DISTRICT FACILITIES TO CELLULAR
COMPANIES AND RELATED ENTITIES FOR TELECOMMUNICATIONS
PURPOSES [MARTIN] (5 minutes)
6. AUTHORIZE THE DISTRICT TO DECLARE A LEVEL I DROUGHT WATCH
(MENDEZ-SCHOMER) [5 minutes]
7. DRAFT FISCAL YEAR 2015-2018 STRATEGIC PLAN FOR THE FINANCE,
ADMINISTRATION AND INFORMATIONAL TECHNOLOGY DEPARTMENTS
(STEVENS) [15 minutes]
RECESS TO CLOSED SESSION
8. CLOSED SESSION
a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
[GOVERNMENT CODE §54956.9]
1 CASE
RETURN TO OPEN SESSION
9. ADJOURNMENT
BOARD MEMBERS ATTENDING:
Mitch Thompson, Chair
Jose Lopez
3
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 14, 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 February 14, 2014.
______/s/_ Susan Cruz, District Secretary _____
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE:
March 11, 2014
SUBMITTED BY: Rita Bell, Finance Manager
W.O./G.F. NO: DIV. NO. All
APPROVED: Joseph R. Beachem, Chief Financial Officer
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: Eliminate the Collection of Betterment Fees for the North
District and Improvement Districts (ID) 9 and 10; Adopt
Ordinance No. 541 Amending Section 0.02 A, Definitions;
Section 25.03 G, H & I, Definitions of Water Categories,
Water Rates, Charges and Fees; and Appendix A of the
District’s Code of Ordinances to Reflect these Changes
Effective July 1, 2014
GENERAL MANAGER’S RECOMMENDATION:
That the Board eliminate the collection of betterment fees for
the North District and Improvement Districts (ID) 9 and 10; and
adopt Ordinance No. 541 amending Section 0.02 A, Definitions;
25.03 G, H & I, Definitions of Water Categories, Water Rates,
Charges and Fees; and Appendix A of the District's Code of
Ordinances to reflect these changes effective July 1, 2014.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To eliminate the collection of betterment fees for the North
District, ID 9 and ID 10 to be effective July 1, 2014 and to
amend Sections 0.02 A, 25.03 G, H & I, and Appendix A.
BACKGROUND:
The Otay Water District collects betterment fees for North
District and IDs 9 and 10. These additional water charges are
collected and set aside in separate accounts which are used
solely for the payment of costs and borrowings for construction,
installation, and maintenance of water storage reservoirs, pump
stations, and water lines for each improvement district.
For the North District and ID 9, there are no authoritative or
clear end dates, however, there are sufficient reasons to
terminate these fees. Prior staff reports and Board minutes,
while not authoritative, show where the terms did not exceed 20
years. Also, capital cost recovery for the assets identified in
staff reports have or will be met before the end of this fiscal
year. There are authorized maintenance expenditures for these
revenues that are ongoing, however, these types of charges are
no longer consistent with the District’s rate philosophy. The
District has gone to a district-wide financing approach for all
capital and maintenance costs.
Based on discussions with legal counsel, there is no requirement
to refund any additional funding collected as these funds have
been used consistent with the purposes outlined in the
resolutions. Staff has determined the purposes for the fees
appear to have been substantially met and staff recommends that
the fees be terminated.
The North District betterment fees were adopted on January 1,
1986 under Ordinance No. 318. The Ordinance was silent with
regard to an expiration date. Staff reviewed board packets and
minutes to determine if an expiration date was discussed and/or
adopted. Financing presentations to the Board identified a
15-year term and a review of the board minutes show discussions
of the financing term not to exceed 20 years. Assuming a
20-year term for the North District, these fees would have
expired on December 31, 2005.
Improvement District 9 betterment fees were adopted on May 1,
1986 under Ordinance No. 319. The ordinance was silent with
regard to an expiration date. Staff reviewed board packets and
minutes to determine if an expiration date was discussed and/or
adopted. Financing presentations to the Board identified a
15-year term and a review of the board minutes show discussions
of the financing term not to exceed 20 years. Assuming a
20-year term for ID 9, these fees would have expired on June 1,
2006.
Improvement District 10 betterment fees were adopted on May 17,
1993 under Ordinance No. 411 and unlike the North District and
ID 9 fees, ID 10 does have a termination date. The ordinance
establishes the expiration date for ID 10 as December 31, 2018
(25-year term). However, similar to ID 9 and the North
District, sufficient revenues will be collected by the end of
the 2014 fiscal year. Also, while there is authorization to
fund the maintenance costs via these fees, this is no longer
consistent with the District’s rate setting philosophy.
Staff performed the following procedures for the North District
and IDs 9 and 10 to identify the capital projects intended for
each district and its related revenue collections:
Reviewed board meeting agendas, minutes and related
documentation from 1985 through 1998 that had discussions
of betterment fees for the North District and IDs 9 and 10.
Reviewed financing presentations (1985-1986) to the Board
which itemized the intended CIP projects and estimated
costs for betterment projects for each improvement
district.
Reviewed 1992 financing study from an independent
consultant, Fieldman, Rolapp & Associates (FRA). The
District had a contract with FRA to develop a financing
plan that would provide funding for all of the District’s
future capital improvement projects. The study included a
review of Otay’s improvement districts. The report was
presented and approved by the Board in February 1993.
Staff itemized the projects listed in the FRA report and
traced CIP projects and estimated costs to Otay’s 1995
approved 5-year CIP plan. Staff researched the CIP
projects to determine the current status (deleted,
completed, delayed or in process) and estimated the costs
incurred through June 30, 2013. Following are the
estimated costs for each improvement district:
o North District = $9,583,700
o Improvement District 9 = $3,506,660
o Improvement District 10 = $2,978,200
Staff estimated cumulative collections for the North
District and Improvement Districts 9 and 10 from its
inception through June 30, 2013. Following are the
estimated collections for each improvement district:
o North District = $9,503,285
o Improvement District 9 = $4,114,209
o Improvement District 10 = $3,076,982
Staff estimates that by June 30, 2014, the District will have
collected sufficient fees to cover the costs of the CIP projects
that were identified in the Financing Plan. In addition, all
fees collected in excess of the CIP costs have been used for the
maintenance of each improvement district, as intended.
Staff recommends the Board approve an expiration date of July 1,
2014 for betterment fees of the North District and IDs 9 and 10.
FISCAL IMPACT:
Staff recommends that the District discontinue betterment fee
collections for the North District and ID 9 because 1) the
collection period (20 years) has passed; 2) sufficient fees have
been collected to cover the CIP projects; and 3) ongoing
collection of these charges for maintenance purposes is no
longer consistent with the District’s rate setting practices.
Staff also recommends that the betterment fees collected for ID
10 be discontinued for reasons 2 and 3 above.
Staff also reviewed the effect to the typical water bill. With
a decrease in betterment fees and an equivalent increase in the
general water rate, the typical bill would remain at an
estimated $83.67 for Fiscal Year 2015. The District will have
no change to its position of having the 10th lowest water rates
of the 23 water providers in the region.
Should the Board approve the expiration of betterment fees in
the North District and Improvement Districts 9 and 10 to be
effective July 1, 2014, staff would look to shift the $783,100
of betterment fee revenue into the general water rate. Sewer
revenues would not be affected.
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 Form
B) Ordinance No. 541
Exhibit 1 – Strike-through Section 0.02
Exhibit 2 – Proposed Section 0.02
Exhibit 3 – Strike-through Section 25.03
Exhibit 4 – Proposed Section 25.03
Exhibit 5 – Strike-through Appendix A
Exhibit 6 – Proposed Appendix A
ATTACHMENT A
SUBJECT/PROJECT:
Eliminate the Collection of Betterment Fees for the North
District and Improvement Districts (ID) 9 and 10; Adopt
Ordinance No. 541 Amending Section 0.02 A, Definitions;
Section 25.03 G, H & I, Definitions of Water Categories,
Water Rates, Charges and Fees; and Appendix A of the
District’s Code of Ordinances to Reflect these Changes
Effective July 1, 2014
COMMITTEE ACTION:
That the Finance, Administration and Communications Committee
recommend that the Board eliminate the collection of betterment
fees for the North District and Improvement Districts (ID) 9 and
10; and Adopt Ordinance No. 541 amending Section 0.02 A.
Definitions; Section 25.03 G, H & I, Definitions of Water
Categories, Water Rates, Charges and Fees; and Appendix A of the
District’s Code of Ordinances to reflect these changes effective
July 1, 2014.
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
ORDINANCE NO. 541
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE OTAY WATER DISTRICT
AMENDING SECTIONS 0.02 A, DEFINITIONS; 25.03 G, H & I,
DEFINITIONS OF WATER CATEGORIES, WATER RATES, CHARGES AND FEES;
AND APPENDIX A OF THE DISTRICT’S CODE OF ORDINANCES
BE IT ORDAINED by the Board of Directors of Otay Water
District that the District’s Code of Ordinances Sections 0.02 A,
Definitions; 25.03 G, H & I, Definitions of Water Categories,
Water Rates, Charges and Fees; and Appendix A be amended as per
Exhibits 1, 3 and 5.
NOW, THEREFORE, BE IT RESOLVED that the new proposed
Sections 0.02 A. Definitions; 25.03 G, H & I, Definitions of
Water Categories, Water Rates, Charges and Fees; and Appendix A
as per Exhibits 2, 4 and 6 of the Code of Ordinances shall
become effective July 1, 2014.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting duly held this 5th
day of March 2014, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
President
ATTEST:
__________________________
District Secretary
Attachment B
0-1
DIVISION I DISTRICT ADMINISTRATION
CHAPTER 1 GENERAL PROVISIONS
SECTION 0 DEFINITIONS AND MISCELLANEOUS PROVISIONS
0.01 TITLE - REFERENCE TO CODE
This Code shall be known as the "Otay Water District Code of
Ordinances." References herein to the "Code" or the "Ordinances"
shall be deemed to mean said Code of Ordinances.
0.02 DEFINITIONS
A. The following words as used in this Code shall have the
meanings set forth below unless otherwise apparent in the context
in which they are used:
"Board of Directors" or "Board" means the Board of Directors
of the District.
"Board Member" or "Member of the Board" means a Director of
the Board of Directors.
"Central Area Service Zone" means all land within the bounda-
ries of the area identified as the Central Area Service Zone
as shown on the map on file in the Office of the District Sec-
retary.
"County" means the County of San Diego.
"Customer" means any person, firm, association, partnership,
corporation or governmental agency supplied or entitled to be
supplied with water or sewer service by the District for com-
pensation.
"Developer" means any person, firm, association, partnership,
joint venture or corporation who applies for acceptance by the
District of an addition to its water distribution system or
its sewer collection system.
"District" means the Otay Water District (formerly Otay
Municipal Water District).
"Equivalent Dwelling Unit" or "EDU" means a unit of meas-
urement for water service or sewer service. For water
service, one EDU shall be considered to be equivalent to
a ¾-inch meter, and is also typically considered to be
equivalent to 650 gallons per day (gpd) for planning pur-
poses. For sewer service, one EDU shall be 250 gallons
per day (gpd) of residential strength wastewater defined
Exhibit 1
0-2
as having a maximum concentration of 280 milligrams per
liter (mg/l) biochemical oxygen demand (BOD) and 234 mil-
ligrams per liter (mg/l) suspended solids.
"General Manager" means the General Manager of the Dis-
trict or the designated representative.
"ID 9 Water Service Zone" means all land within water
Improvement District No. 9 and within the boundaries of
San Diego County Tentative Map No. 3541, including but
not limited to San Diego County Map Nos. 9163 and 9212.
"Irrigated area" means the area of land (measured in
square feet) which may require supplemental water (pota-
ble or recycled) from the District for the support of
landscaping, but does not include decks, walkways, pat-
ios, tennis courts or any other permanently hard-surfaced
areas maintained within or around landscaped areas.
Trees shall have an irrigated area equal to the area
within the circumference of the canopy (drip line) of the
tree at maturity.
"Landscape or landscaping" means the living plant mate-
rial and organic or inorganic ground covers (mulches)
used for aesthetic, erosion control and/or fire control
purposes as specified by city or county regulations.
"Line Extension" means a water or sewer main constructed
from the termination point of an existing District main
to provide service beyond the existing main.
"Non-permanent Irrigation Service" means water service
furnished to establish and maintain re-vegetated native
plants for a period not to exceed five years.
"North District" means all land within water Improvement
Districts 1, 2, 3, 9, 20 and 25, and all land within the
District boundaries lying east of the westerly line of
Sections 16, 21, 28 and 33 of Township 17 South, Range 1
East, San Bernardino Base and Meridian, and north of the
south line of Township 17 South, Ranges 1 East and 2
East, San Bernardino Base and Meridian.
"Off-Site Facilities" means facilities which must be con-
structed outside the boundaries of a development to bring
utility service from the nearest District facility to the
boundary of the land being developed.
"On-Site Facilities" means facilities which must be con-
structed within the boundaries of a development for util-
ity service within the development or other land to be
served.
0-3
"Parcel Map Development" or "Lot-Split" means a real es-
tate development resulting in a division of land into
four or less parcels for which no subdivision map is re-
quired but for which a parcel map is required to be filed
and approved by the applicable local governmental agency.
"Person" means any individual, firm, co-partnership,
joint venture association, corporation, county, city,
municipal corporation or other political subdivision, or
any other group or combination acting as a unit.
"Sewer Lateral" means the portion of pipe between the
District sewer main and the coupling at the property
owner's point of connection.
The word "shall" means mandatory and the word "may" means
permissive.
"Staff" means the General Manager and other administra-
tive personnel of the District.
"Subdivision" means a real estate development resulting
in a division of land into five or more lots or parcels
for which a subdivision map is required to be filed and
approved by the applicable local governmental agency.
"Utility" or "Utility System" means a water system and/or
sewer system, as applicable.
"Water Lateral" means the portion of pipe between the
District water main and the water meter location.
"Water Meter" means an instrument used for automatic
recording of the quantity of water delivered to a cus-
tomer and the term shall include the fittings, valves and
equipment required for operation of the water meter.
"Water Service" means the furnishing of water to a cus-
tomer through a District-owned water meter or meters.
0.03 EFFECT OF HEADING
The title, division or section headings contained in this
Code shall not be deemed to govern, limit or modify in any
manner the scope, meaning or intent of the provisions of any
section or subsection of this Code.
0.04 NOTICES
A. Whenever a notice is required to be given under this
Code, unless different provisions are specifically made
herein, such notice may be made either by personal delivery
thereof to the person to be notified or by deposit in the U.S.
0-4
Mail in a sealed envelope, postage prepaid, addressed to such
person at his last known business or residence address as the
name appears in public records or other records pertaining to
the matter to which the notice is directed. Service by mail
shall be deemed to have been completed at the time of deposit
in the post office.
B. Proof of giving any notice may be made by the cer-
tificate of any officer or employee of the District or by
affidavit of any person over the age of eighteen years, which
shows service in conformity with this Code or other provisions
of law applicable to the subject matter concerned.
0.05 VALIDITY OF CODE
If any section, subsection, sentence, clause, phrase or
portion of this Code is for any reason held to be invalid or
unconstitutional by the decision of any court, such decision
shall not affect the remaining portions of this Code. The
Board of Directors hereby declares that it would have adopted
this Code and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective that any one or more
sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
0.06 TIME LIMIT FOR SEEKING REVIEW OF ADMINISTRATIVE
DECISIONS
Judicial review of any administrative decision of the
District may be had pursuant to Code of Civil Procedure Sec-
tion 1094.5 only if the petition for writ of mandate is filed
not later than the ninetieth day following the date on which
the decision become final.
0-1
DIVISION I DISTRICT ADMINISTRATION
CHAPTER 1 GENERAL PROVISIONS
SECTION 0 DEFINITIONS AND MISCELLANEOUS PROVISIONS
0.01 TITLE - REFERENCE TO CODE
This Code shall be known as the "Otay Water District Code of
Ordinances." References herein to the "Code" or the "Ordinances"
shall be deemed to mean said Code of Ordinances.
0.02 DEFINITIONS
A. The following words as used in this Code shall have the
meanings set forth below unless otherwise apparent in the context
in which they are used:
"Board of Directors" or "Board" means the Board of Directors
of the District.
"Board Member" or "Member of the Board" means a Director of
the Board of Directors.
"Central Area Service Zone" means all land within the bounda-
ries of the area identified as the Central Area Service Zone
as shown on the map on file in the Office of the District Sec-
retary.
"County" means the County of San Diego.
"Customer" means any person, firm, association, partnership,
corporation or governmental agency supplied or entitled to be
supplied with water or sewer service by the District for com-
pensation.
"Developer" means any person, firm, association, partnership,
joint venture or corporation who applies for acceptance by the
District of an addition to its water distribution system or
its sewer collection system.
"District" means the Otay Water District (formerly Otay
Municipal Water District).
"Equivalent Dwelling Unit" or "EDU" means a unit of meas-
urement for water service or sewer service. For water
service, one EDU shall be considered to be equivalent to
a ¾-inch meter, and is also typically considered to be
equivalent to 650 gallons per day (gpd) for planning pur-
poses. For sewer service, one EDU shall be 250 gallons
per day (gpd) of residential strength wastewater defined
Exhibit 2
0-2
as having a maximum concentration of 280 milligrams per
liter (mg/l) biochemical oxygen demand (BOD) and 234 mil-
ligrams per liter (mg/l) suspended solids.
"General Manager" means the General Manager of the Dis-
trict or the designated representative.
"Irrigated area" means the area of land (measured in
square feet) which may require supplemental water (pota-
ble or recycled) from the District for the support of
landscaping, but does not include decks, walkways, pat-
ios, tennis courts or any other permanently hard-surfaced
areas maintained within or around landscaped areas.
Trees shall have an irrigated area equal to the area
within the circumference of the canopy (drip line) of the
tree at maturity.
"Landscape or landscaping" means the living plant mate-
rial and organic or inorganic ground covers (mulches)
used for aesthetic, erosion control and/or fire control
purposes as specified by city or county regulations.
"Line Extension" means a water or sewer main constructed
from the termination point of an existing District main
to provide service beyond the existing main.
"Non-permanent Irrigation Service" means water service
furnished to establish and maintain re-vegetated native
plants for a period not to exceed five years.
"Off-Site Facilities" means facilities which must be con-
structed outside the boundaries of a development to bring
utility service from the nearest District facility to the
boundary of the land being developed.
"On-Site Facilities" means facilities which must be con-
structed within the boundaries of a development for util-
ity service within the development or other land to be
served.
"Parcel Map Development" or "Lot-Split" means a real es-
tate development resulting in a division of land into
four or less parcels for which no subdivision map is re-
quired but for which a parcel map is required to be filed
and approved by the applicable local governmental agency.
"Person" means any individual, firm, co-partnership,
joint venture association, corporation, county, city,
municipal corporation or other political subdivision, or
any other group or combination acting as a unit.
0-3
"Sewer Lateral" means the portion of pipe between the
District sewer main and the coupling at the property
owner's point of connection.
The word "shall" means mandatory and the word "may" means
permissive.
"Staff" means the General Manager and other administra-
tive personnel of the District.
"Subdivision" means a real estate development resulting
in a division of land into five or more lots or parcels
for which a subdivision map is required to be filed and
approved by the applicable local governmental agency.
"Utility" or "Utility System" means a water system and/or
sewer system, as applicable.
"Water Lateral" means the portion of pipe between the
District water main and the water meter location.
"Water Meter" means an instrument used for automatic
recording of the quantity of water delivered to a cus-
tomer and the term shall include the fittings, valves and
equipment required for operation of the water meter.
"Water Service" means the furnishing of water to a cus-
tomer through a District-owned water meter or meters.
0.03 EFFECT OF HEADING
The title, division or section headings contained in this
Code shall not be deemed to govern, limit or modify in any
manner the scope, meaning or intent of the provisions of any
section or subsection of this Code.
0.04 NOTICES
A. Whenever a notice is required to be given under this
Code, unless different provisions are specifically made
herein, such notice may be made either by personal delivery
thereof to the person to be notified or by deposit in the U.S.
Mail in a sealed envelope, postage prepaid, addressed to such
person at his last known business or residence address as the
name appears in public records or other records pertaining to
the matter to which the notice is directed. Service by mail
shall be deemed to have been completed at the time of deposit
in the post office.
B. Proof of giving any notice may be made by the cer-
tificate of any officer or employee of the District or by
affidavit of any person over the age of eighteen years, which
shows service in conformity with this Code or other provisions
of law applicable to the subject matter concerned.
0-4
0.05 VALIDITY OF CODE
If any section, subsection, sentence, clause, phrase or
portion of this Code is for any reason held to be invalid or
unconstitutional by the decision of any court, such decision
shall not affect the remaining portions of this Code. The
Board of Directors hereby declares that it would have adopted
this Code and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective that any one or more
sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
0.06 TIME LIMIT FOR SEEKING REVIEW OF ADMINISTRATIVE
DECISIONS
Judicial review of any administrative decision of the
District may be had pursuant to Code of Civil Procedure Sec-
tion 1094.5 only if the petition for writ of mandate is filed
not later than the ninetieth day following the date on which
the decision become final.
25-1
25 SECTION 25 CONDITIONS FOR WATER SERVICE
25.01 SERVICE AREA
Water service shall be furnished by the District only to
property within (annexed to) a water improvement district within
the District’s service area. Water service to property located
outside an improvement district may be furnished only upon prior
approval of the Board of Directors. Temporary water service to
property located outside an improvement district may be
furnished, in accordance with Section 25.03 E.12., upon the
approval of the General Manager.
25.02 DEFINITION OF "HCF" AND "UNIT OF WATER"
As used in the Code the terms "HCF" and "unit of water" are
interchangeable and each shall mean 100 cubic feet or 748
gallons of water.
25.03 DEFINITIONS OF WATER SERVICE CATAGORIES, WATER RATES, CHARGES
AND FEES
Water service furnished by the District shall be under the
categories of services and at the rates, charges and fees as set
forth in Appendix A, Section 25.
All District water rates, charges and fees are subject to Board
approval of rate increases beginning January 1, 2014 and
periodically thereafter through December 31, 2018. The
increases shall be the amount sufficient to cover cost increases
related to operations and maintenance, but not to exceed 10% per
year.
Five-year Periodic Pass–through Rate Increases or Decreases from
District Wholesalers – All District water rates, charges and
fees are subject to periodic rate changes from the District’s
public agency wholesalers for a five-year period beginning
January 1, 2014 through December 31, 2018.
A. Set-up Fees for Accounts A set-up fee shall be charged for
each account transferred to another customer. See Appendix
A, 25.03 A. for charges. A deposit will be required of all
customers who do not own the property to be served. See
Appendix A, 25.04 A. for deposit amounts.
B. Monthly Fixed MWD & CWA Charges Each potable water service
customer shall pay a monthly MWD and CWA fixed system
charge, as set forth in Appendix A, 25.03 C. Proceeds of
the charge will be used to pay for operating and
maintenance costs, including the following: MWD Readiness-
to-Serve Charge and Capacity Reservation Charge; CWA
Infrastructure Access Charge, Customer Service Charge, and
Emergency Storage Charge. The MWD & CWA charge is based on
Exhibit 3
25-2
the size of the water meter(s) in service with the
exception of upsizing the meter for individually metered
residential fire service, as described in Section 38.03 of
the Code. The MWD & CWA charge shall start upon
installation of the meter.
C. Monthly Fixed System Charges Each water service customer
shall pay a monthly fixed system charge, as set forth in
Appendix A, 25.03 C. Proceeds of the charge will be used
to pay for water system replacement, maintenance, and
operation expenses. The system charge is based on the size
of the water meter(s) in service. For individually metered
residential fire service, as outlined in Section 38.03 of
the Code, the size and fee would be set based on water use
requirements without additional fire capacity. The system
charge shall start upon installation of the meter
D. Water Conservation Drought Pricing To promote
conservation, base tiered water rates for all water
services are subject to percentage increases during drought
stages, as shown in the table below:
Drought Stage Pricing
Stage 2 Stage 3 Stage 4
Tier 1* 0%0%0%
Tier 2 Up to 5%Up to 10% Up to 15%
Tier 3 Up to 30%Up to 60% Up to 90%
*Domestic residential water service has four tiered base
rates as outlined in Appendix A, 25.03 E.1.(b). Tier 1 of
the above table applies to the first two tiered base rates.
Tier 2 of the above table applies to the third tiered base
rate. Tier 3 of the above table applies to the fourth
tiered base rate.
E. Categories of Water Service The definitions and rates and
charges for water service furnished by the District shall
be as follows:
1. DOMESTIC RESIDENTIAL WATER
(a) Defined as: Water service for single residential
and individually metered attached households as
well as other domestic uses (other than that
provided for in Paragraph 2 below).
(b) Base Rate: The tiered base rates of water
furnished under this category shall be set forth
in Appendix A, 25.03 E.1.(b).
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The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
2. MULTIPLE RESIDENTIAL WATER
(a) Defined as: Master metered water service for
multiple residential households, for example,
duplexes, townhomes, apartments and mobile homes.
(b) Base Rate: The tiered base rates of water
furnished for each dwelling unit under each block
of service in this category shall be as set forth
in Appendix A, 25.03 E.2.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
3. BUSINESS AND PUBLICLY-OWNED WATER
(a) Defined as: Potable water service for
commercial, industrial and publicly-owned
establishments.
(b) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.3.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
4. IRRIGATION AND COMMERCIAL AGRICULTURAL USING POTABLE
WATER
(a) Irrigation is potable water service provided
solely for irrigation of landscape or
landscaping, as defined in Section 0.02 A.
(b) Commercial agricultural engaged in the growing or
raising of live stock, in conformity with
recognized practices of husbandry, for the
purpose of commerce, trade or industry, or for
the use by public educational or correctional
institutions or agricultural horticultural or
floricultural products and produced,
(i) for human consumption or for the market,
or
(ii) for the feeding of fowl or livestock
produced for human consumption or for the
market, or
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(iii) for feeding fowl or livestock for the
purpose of obtaining their products for
human consumption or for the market, such
products to be grown or raised on a
parcel of land having an area of not less
than one acre utilized exclusively
therefore.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.4.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
5. RECYCLED WATER – LANDSCAPE IRRIGATION AND CERTAIN NON-
IRRIGATION PURPOSES
(a) Defined as: Non-potable and recycled water service
provided for irrigation of landscaping, as defined
in Section 0.02 A. of the Code, and certain non-
irrigation purposes, other than domestic use, in
compliance with federal, state and local laws and
regulations regarding use of recycled water.
(b) The provisions of this Code, relating to use of
recycled water, set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices, shall be strictly
enforced in connection with the use of recycled
water.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.5.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Monthly system charge: The monthly system charge
for recycled water service is set forth in
Appendix A, 25.03 C.
6. RECYCLED WATER - COMMERCIAL
(a) Defined as: Non-potable and recycled water service
provided for commercial customers, as defined in
Section 0.02 A. of the Code, and certain non-
irrigation purposes, other than domestic use, in
compliance with federal, state and local laws and
regulations regarding use of recycled water.
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(b) The provisions of this Code, relating to use of
recycled water, set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices, shall be strictly
enforced in connection with the use of recycled
water.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.6.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Monthly system charge: The monthly system charge
for recycled commercial water service is set
forth in Appendix A, 25.03 C.
7. POTABLE TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Potable water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.7.(b).
(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system and MWD & CWA
charge shall be the same rates charged to
customers in the same category of service on a
permanent meter basis per Appendix A, 25.03 C.
8. RECYCLED TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Recycled water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.8(b).
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(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system charge shall be the
same rates charged to customers in the same
category of service on a permanent meter basis
per Appendix A, 25.03 C.
9. WATER SERVICE UNDER SPECIAL AGREEMENTS
(a) Defined as: Water service provided under express
agreements approved by the Board of Directors for
service to golf courses and other entities, which
service may be curtailed or interrupted by the
District under conditions provided in such
agreements.
(b) For water service under this category the base
rate shall be determined on a case-by-case basis.
Unless otherwise specified in the particular
agreement, the tiered base rates for this
category of service are subject to the increased
drought pricing outlined in Section 25.03 D.
10. TANK TRUCKS
(a) Defined as: Water service provided for the
filling of tanks on motor vehicles transporting
water used for other than earth grading purposes,
which service shall be made only through a
portable meter issued by the District to a
customer specifically for use in accordance with
the provisions herein for such service.
(b) The rate for metered water furnished under this
category is reflected in Appendix A, 25.03 E.10.
(b), plus a monthly system charge at the rate set
forth in Appendix A, 25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(c) Requirements for Use of Water Meter
(1) To receive such service, the customer must
make a deposit for the use a water meter
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furnished by the District. The fee is set
forth in Appendix A, 31.03 A.1.
(2) Upon termination of the service, the Dis-
trict will refund the amount of deposit
remaining after making the following
deductions:
(i) Cost of repairing or replacing the
meter, fire hydrant and/or any fittings
damaged or lost while in use; and
(ii) Unpaid charges for water or other
applicable charges.
(3) Prior to the end of each six month period
following issuance of a meter under this
section, or at the request of the District,
whichever is earlier, the customer shall
return the meter to the District for
inspection, repair, or calibration as deemed
necessary by the District.
(4) Payment for water service under this cate-
gory shall be made as follows:
(i) The bill shall be based on the amount
of water actually used, which shall be
determined by the District’s reading of
the meter or by a report made by the
customer to the District in the manner
prescribed by the District.
(ii) Where the actual amount of water used
cannot be determined as provided in
(i), the District will issue a bill
based on a District estimate of the
amount of water used, as determined by
the District. Such estimates shall be
reconciled with actual amounts used
when the customer returns the meter to
the District as provided in paragraph 3
above.
(iii)Payments shall be made as specified on
the bill.
11. WATER SERVICE OUTSIDE DISTRICT
(a) Defined as: Water service for real property
outside the service area of the District.
(b) This service will be provided only upon prior
approval of the General Manager when there is a
surplus of water over and above the existing
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needs for service in the District. This service
is temporary and may be terminated upon written
notice from the District. Customers for this
service are sometimes referred to as "outside
users."
(c) Customers applying for this category of service
shall pay an application fee as set forth in
Appendix A, 25.03 E.11.(c).
(d) The rate for metered water furnished under this
category shall be charged the rate as described
in Appendix A, 25.03 E.11.(d), plus a monthly
system charge at the rate set forth in Appendix
A, 25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) Customers requesting only fire service or a fire
hydrant under this category shall be charged a
capacity fee based on one (1) EDU for a permanent
meter in the improvement district from which the
fire service derives its flow, plus a monthly
system charge at the rate set forth in Appendix
A, 25.03 E.13.(c).
12. WATER SERVICE OUTSIDE AN IMPROVEMENT DISTRICT
(a) Defined as: Water service for property located
within the boundaries of the District, but not
within a water improvement district. Customers
for this service are sometimes referred to as
"outside users."
(b) Customers applying for this service shall pay an
application fee as set forth in Appendix A, 25.03
E.12.(b). The District will review the
application to determine whether the land to be
served should be annexed to an improvement
district. If it is determined that annexation is
not practical, the Board of Directors may
authorize service as an outside user. This
service will be reviewed periodically until it is
determined that the property must be annexed to
an improvement district or that service must be
terminated.
(c) The rate for metered water furnished under this
category is as set forth in Appendix A, 25.03
E.12.(c), plus a monthly system charge as set
forth in Appendix A, 25.03.C.
25-9
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Upon approval of the Board of Directors, a cus-
tomer, who has paid all construction costs for
facilities necessary to serve the customer's
property in lieu of annexation to a water
improvement district, shall be exempt from the
provision for this category of service.
13. SERVICE FOR FIRE PROTECTION
(a) Defined as: Water service provided by the Dis-
trict solely to feed fire hydrants or fire
sprinkler systems from lines or laterals con-
nected to District water mains.
(b) The District will not make a charge for the
quantity of water used for fire protection
purposes.
(c) The monthly system charge for this category
of service is set forth in Appendix A, 25.03
E.13.(c) for each connection to a District water
main made for fire protection service.
14. WATER SERVICE TO PROPERTY NOT SUBJECT TO DISTRICT
TAXES
(a) Pursuant to Section 71613 of the California Water
Code, the District may furnish water to property,
not subject to District taxes, at special rates,
terms and conditions as are determined by the
Board of Directors for such service. Such rates,
terms and conditions shall be uniformly applied
to like classes and conditions of service in the
same improvement district or geographical area.
(b) Customers in this category, such as publicly-
owned establishments, shall pay an additional fee
as outlined in Appendix A, 25.03 E.14.(b).
15. INTERIM WATER SERVICE IN IMPROVEMENT DISTRICT 7
(a) Definition of Interim Service. This is water
Service furnished to a customer in Improvement
District 7 (ID 7) for temporary use.
(b) Rates for Interim Service. Customers applying
for interim service in ID 7 shall not be required
to pay the ID 7 water capacity fee and San Diego
25-10
County Water Authority fee, as required under
Section 2801 of this Code. The water rate is set
forth in Appendix A, 25.03 E.15.(b).
(c) Conversion to Permanent Service. At such time as
use expires, the customer shall be required to
pay all fees in effect at the time the permanent
use is implemented.
F. Energy Charges for Pumping Water
In addition to water rates and other charges provided for
in this Section 25.03, customers shall be charged an energy
pumping charge based on the quantity of water used and the
elevation to which the water has been lifted to provide
service. The energy pumping charge shall be made at the
rate set forth in Appendix A, 25.03 F.
G. Additional Water Charge for Service in the North District
1. In addition to other applicable water rates and
charges provided for in this Section 25.03, each
customer receiving water service in the North District
shall pay a charge as set forth in Appendix A, 25.03
G.1. The North District area is defined in Section
0.02 of this Code.
2. All proceeds from charges collected pursuant to this
Section 25.03 G. shall be set aside by the District in
a separate account and shall be used solely for
payment of costs and borrowings for construction,
installation and maintenance of water storage
reservoirs, pump stations and water lines to provide
service in the North District.
H. Additional Water Charges and Monthly System Charges for
Service in the ID 9 Water Service Zone
1. In addition to other applicable water rates and
charges provided for in this Section 25.03, effective
May 1, 1986, each customer receiving water service in
the ID 9 Water Service Zone shall pay a charge set
forth in Appendix A, 25.03 H.1. The ID 9 Water
Service Zone area is defined in Section 0.02 of this
Code.
2. In addition to the monthly system charges provided
for, effective May 1, 1986, each customer receiving
water service in the ID 9 Water Service Zone shall pay
a monthly meter system charge as outlined in Appendix
A, 25.03 H.2. for each meter in service.
3. All proceeds from charges collected pursuant to this
Section 25.03 H. shall be set aside by the District in
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a separate account and shall be used solely for pay-
ment of costs and borrowing for construction,
installation and maintenance of water storage reser-
voirs, pump stations and water lines to provide ser-
vice in the ID 9 Water Service Zone.
I. Additional Water Charges for Services in the ID 3, ID 10
and La Presa Water Service Zones
1. In addition to other applicable water rates and
charges provided for in this Section 25.03, effective
May 17, 1993, each customer receiving water service in
ID 3, ID 10 and La Presa Water Service Zones is
assessed an additional charge per H.C.F. of water
furnished by the District. Said surcharge is assessed
as set forth in Appendix A, 25.03 I.1.(a),(b), and
(c), respectively.
2. All proceeds from charges collected pursuant to this
Section 25.03 I. shall be set aside by the District in
a separate account and shall be used solely for
payment of costs and borrowings for construction,
installation and maintenance of water storage,
reservoirs, pump stations and water lines to provide
service in the ID 3, ID 10 and La Presa Water Service
Zones, respectively.
25.04 DEPOSITS BY LESSEES OR NON-OWNERS OF PROPERTY
8. RECYCLED TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Recycled water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.8(b).
(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system charge shall be the
same rates charged to customers in the same
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category of service on a permanent meter basis
per Appendix A, 25.03 C.
A. AMOUNT OF DEPOSIT
The customer's deposit shall be applied to reduce or
satisfy any delinquent payment or other amount due the
District at the time of termination of water service to
the customer. Any portion of the deposit remaining, after
satisfaction of the amount due, shall be refunded to the
customer that made the deposit.
The deposits listed above may be waived for a new resi-
dential applicant where the applicant demonstrates credit
worthiness based upon prior utility payments or a non-
delinquent water account for one year or other similar
evidence of credit.
B. REFUND OF DEPOSIT
Where funds have been on deposit for twelve months in a
domestic service account and there has been no more than
one delinquent payment on that account during that period,
the District will apply a credit to the water account in
the amount of the deposit.
C. LETTER OF CREDIT
A letter of credit, in a form approved by the General
Manager or Department Head of Finance, may be submitted to
the District to satisfy the deposit requirements.
25.05 SERVICE TO SUBSEQUENT CUSTOMERS
After a water meter has been installed for a customer and all
fees and charges have been paid, water service may be furnished
to a subsequent customer through the water meter installed
without payment of further charges, except for the set-up fee
for transferred accounts, payment of delinquent charges for the
applicant's service or other deposits that may be required by
this Code.
25-1
25 SECTION 25 CONDITIONS FOR WATER SERVICE
25.01 SERVICE AREA
Water service shall be furnished by the District only to
property within (annexed to) a water improvement district within
the District’s service area. Water service to property located
outside an improvement district may be furnished only upon prior
approval of the Board of Directors. Temporary water service to
property located outside an improvement district may be
furnished, in accordance with Section 25.03 E.12., upon the
approval of the General Manager.
25.02 DEFINITION OF "HCF" AND "UNIT OF WATER"
As used in the Code the terms "HCF" and "unit of water" are
interchangeable and each shall mean 100 cubic feet or 748
gallons of water.
25.03 DEFINITIONS OF WATER SERVICE CATAGORIES, WATER RATES, CHARGES
AND FEES
Water service furnished by the District shall be under the
categories of services and at the rates, charges and fees as set
forth in Appendix A, Section 25.
All District water rates, charges and fees are subject to Board
approval of rate increases beginning January 1, 2014 and
periodically thereafter through December 31, 2018. The
increases shall be the amount sufficient to cover cost increases
related to operations and maintenance, but not to exceed 10% per
year.
Five-year Periodic Pass–through Rate Increases or Decreases from
District Wholesalers – All District water rates, charges and
fees are subject to periodic rate changes from the District’s
public agency wholesalers for a five-year period beginning
January 1, 2014 through December 31, 2018.
A. Set-up Fees for Accounts A set-up fee shall be charged for
each account transferred to another customer. See Appendix
A, 25.03 A. for charges. A deposit will be required of all
customers who do not own the property to be served. See
Appendix A, 25.04 A. for deposit amounts.
B. Monthly Fixed MWD & CWA Charges Each potable water service
customer shall pay a monthly MWD and CWA fixed system
charge, as set forth in Appendix A, 25.03 C. Proceeds of
the charge will be used to pay for operating and
maintenance costs, including the following: MWD Readiness-
to-Serve Charge and Capacity Reservation Charge; CWA
Infrastructure Access Charge, Customer Service Charge, and
Emergency Storage Charge. The MWD & CWA charge is based on
Exhibit 4
25-2
the size of the water meter(s) in service with the
exception of upsizing the meter for individually metered
residential fire service, as described in Section 38.03 of
the Code. The MWD & CWA charge shall start upon
installation of the meter.
C. Monthly Fixed System Charges Each water service customer
shall pay a monthly fixed system charge, as set forth in
Appendix A, 25.03 C. Proceeds of the charge will be used
to pay for water system replacement, maintenance, and
operation expenses. The system charge is based on the size
of the water meter(s) in service. For individually metered
residential fire service, as outlined in Section 38.03 of
the Code, the size and fee would be set based on water use
requirements without additional fire capacity. The system
charge shall start upon installation of the meter
D. Water Conservation Drought Pricing To promote
conservation, base tiered water rates for all water
services are subject to percentage increases during drought
stages, as shown in the table below:
Drought Stage Pricing
Stage 2 Stage 3 Stage 4
Tier 1* 0%0%0%
Tier 2 Up to 5%Up to 10% Up to 15%
Tier 3 Up to 30%Up to 60% Up to 90%
*Domestic residential water service has four tiered base
rates as outlined in Appendix A, 25.03 E.1.(b). Tier 1 of
the above table applies to the first two tiered base rates.
Tier 2 of the above table applies to the third tiered base
rate. Tier 3 of the above table applies to the fourth
tiered base rate.
E. Categories of Water Service The definitions and rates and
charges for water service furnished by the District shall
be as follows:
1. DOMESTIC RESIDENTIAL WATER
(a) Defined as: Water service for single residential
and individually metered attached households as
well as other domestic uses (other than that
provided for in Paragraph 2 below).
(b) Base Rate: The tiered base rates of water
furnished under this category shall be set forth
in Appendix A, 25.03 E.1.(b).
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The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
2. MULTIPLE RESIDENTIAL WATER
(a) Defined as: Master metered water service for
multiple residential households, for example,
duplexes, townhomes, apartments and mobile homes.
(b) Base Rate: The tiered base rates of water
furnished for each dwelling unit under each block
of service in this category shall be as set forth
in Appendix A, 25.03 E.2.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
3. BUSINESS AND PUBLICLY-OWNED WATER
(a) Defined as: Potable water service for
commercial, industrial and publicly-owned
establishments.
(b) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.3.(b).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
4. IRRIGATION AND COMMERCIAL AGRICULTURAL USING POTABLE
WATER
(a) Irrigation is potable water service provided
solely for irrigation of landscape or
landscaping, as defined in Section 0.02 A.
(b) Commercial agricultural engaged in the growing or
raising of live stock, in conformity with
recognized practices of husbandry, for the
purpose of commerce, trade or industry, or for
the use by public educational or correctional
institutions or agricultural horticultural or
floricultural products and produced,
(i) for human consumption or for the market,
or
(ii) for the feeding of fowl or livestock
produced for human consumption or for the
market, or
25-4
(iii) for feeding fowl or livestock for the
purpose of obtaining their products for
human consumption or for the market, such
products to be grown or raised on a
parcel of land having an area of not less
than one acre utilized exclusively
therefore.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.4.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
5. RECYCLED WATER – LANDSCAPE IRRIGATION AND CERTAIN NON-
IRRIGATION PURPOSES
(a) Defined as: Non-potable and recycled water service
provided for irrigation of landscaping, as defined
in Section 0.02 A. of the Code, and certain non-
irrigation purposes, other than domestic use, in
compliance with federal, state and local laws and
regulations regarding use of recycled water.
(b) The provisions of this Code, relating to use of
recycled water, set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices, shall be strictly
enforced in connection with the use of recycled
water.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.5.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Monthly system charge: The monthly system charge
for recycled water service is set forth in
Appendix A, 25.03 C.
6. RECYCLED WATER - COMMERCIAL
(a) Defined as: Non-potable and recycled water service
provided for commercial customers, as defined in
Section 0.02 A. of the Code, and certain non-
irrigation purposes, other than domestic use, in
compliance with federal, state and local laws and
regulations regarding use of recycled water.
25-5
(b) The provisions of this Code, relating to use of
recycled water, set forth in Section 26 of the Code,
including but not limited to cross-connections and
backflow protective devices, shall be strictly
enforced in connection with the use of recycled
water.
(c) Base Rate: The tiered base rate for water
furnished under this category shall be determined
by meter size and usage block as set forth in
Appendix A, 25.03 E.6.(c).
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Monthly system charge: The monthly system charge
for recycled commercial water service is set
forth in Appendix A, 25.03 C.
7. POTABLE TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Potable water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.7.(b).
(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system and MWD & CWA
charge shall be the same rates charged to
customers in the same category of service on a
permanent meter basis per Appendix A, 25.03 C.
8. RECYCLED TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Recycled water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.8(b).
25-6
(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system charge shall be the
same rates charged to customers in the same
category of service on a permanent meter basis
per Appendix A, 25.03 C.
9. WATER SERVICE UNDER SPECIAL AGREEMENTS
(a) Defined as: Water service provided under express
agreements approved by the Board of Directors for
service to golf courses and other entities, which
service may be curtailed or interrupted by the
District under conditions provided in such
agreements.
(b) For water service under this category the base
rate shall be determined on a case-by-case basis.
Unless otherwise specified in the particular
agreement, the tiered base rates for this
category of service are subject to the increased
drought pricing outlined in Section 25.03 D.
10. TANK TRUCKS
(a) Defined as: Water service provided for the
filling of tanks on motor vehicles transporting
water used for other than earth grading purposes,
which service shall be made only through a
portable meter issued by the District to a
customer specifically for use in accordance with
the provisions herein for such service.
(b) The rate for metered water furnished under this
category is reflected in Appendix A, 25.03 E.10.
(b), plus a monthly system charge at the rate set
forth in Appendix A, 25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(c) Requirements for Use of Water Meter
(1) To receive such service, the customer must
make a deposit for the use a water meter
25-7
furnished by the District. The fee is set
forth in Appendix A, 31.03 A.1.
(2) Upon termination of the service, the Dis-
trict will refund the amount of deposit
remaining after making the following
deductions:
(i) Cost of repairing or replacing the
meter, fire hydrant and/or any fittings
damaged or lost while in use; and
(ii) Unpaid charges for water or other
applicable charges.
(3) Prior to the end of each six month period
following issuance of a meter under this
section, or at the request of the District,
whichever is earlier, the customer shall
return the meter to the District for
inspection, repair, or calibration as deemed
necessary by the District.
(4) Payment for water service under this cate-
gory shall be made as follows:
(i) The bill shall be based on the amount
of water actually used, which shall be
determined by the District’s reading of
the meter or by a report made by the
customer to the District in the manner
prescribed by the District.
(ii) Where the actual amount of water used
cannot be determined as provided in
(i), the District will issue a bill
based on a District estimate of the
amount of water used, as determined by
the District. Such estimates shall be
reconciled with actual amounts used
when the customer returns the meter to
the District as provided in paragraph 3
above.
(iii)Payments shall be made as specified on
the bill.
11. WATER SERVICE OUTSIDE DISTRICT
(a) Defined as: Water service for real property
outside the service area of the District.
(b) This service will be provided only upon prior
approval of the General Manager when there is a
surplus of water over and above the existing
25-8
needs for service in the District. This service
is temporary and may be terminated upon written
notice from the District. Customers for this
service are sometimes referred to as "outside
users."
(c) Customers applying for this category of service
shall pay an application fee as set forth in
Appendix A, 25.03 E.11.(c).
(d) The rate for metered water furnished under this
category shall be charged the rate as described
in Appendix A, 25.03 E.11.(d), plus a monthly
system charge at the rate set forth in Appendix
A, 25.03 C.
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) Customers requesting only fire service or a fire
hydrant under this category shall be charged a
capacity fee based on one (1) EDU for a permanent
meter in the improvement district from which the
fire service derives its flow, plus a monthly
system charge at the rate set forth in Appendix
A, 25.03 E.13.(c).
12. WATER SERVICE OUTSIDE AN IMPROVEMENT DISTRICT
(a) Defined as: Water service for property located
within the boundaries of the District, but not
within a water improvement district. Customers
for this service are sometimes referred to as
"outside users."
(b) Customers applying for this service shall pay an
application fee as set forth in Appendix A, 25.03
E.12.(b). The District will review the
application to determine whether the land to be
served should be annexed to an improvement
district. If it is determined that annexation is
not practical, the Board of Directors may
authorize service as an outside user. This
service will be reviewed periodically until it is
determined that the property must be annexed to
an improvement district or that service must be
terminated.
(c) The rate for metered water furnished under this
category is as set forth in Appendix A, 25.03
E.12.(c), plus a monthly system charge as set
forth in Appendix A, 25.03.C.
25-9
The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(d) Upon approval of the Board of Directors, a cus-
tomer, who has paid all construction costs for
facilities necessary to serve the customer's
property in lieu of annexation to a water
improvement district, shall be exempt from the
provision for this category of service.
13. SERVICE FOR FIRE PROTECTION
(a) Defined as: Water service provided by the Dis-
trict solely to feed fire hydrants or fire
sprinkler systems from lines or laterals con-
nected to District water mains.
(b) The District will not make a charge for the
quantity of water used for fire protection
purposes.
(c) The monthly system charge for this category
of service is set forth in Appendix A, 25.03
E.13.(c) for each connection to a District water
main made for fire protection service.
14. WATER SERVICE TO PROPERTY NOT SUBJECT TO DISTRICT
TAXES
(a) Pursuant to Section 71613 of the California Water
Code, the District may furnish water to property,
not subject to District taxes, at special rates,
terms and conditions as are determined by the
Board of Directors for such service. Such rates,
terms and conditions shall be uniformly applied
to like classes and conditions of service in the
same improvement district or geographical area.
(b) Customers in this category, such as publicly-
owned establishments, shall pay an additional fee
as outlined in Appendix A, 25.03 E.14.(b).
15. INTERIM WATER SERVICE IN IMPROVEMENT DISTRICT 7
(a) Definition of Interim Service. This is water
Service furnished to a customer in Improvement
District 7 (ID 7) for temporary use.
(b) Rates for Interim Service. Customers applying
for interim service in ID 7 shall not be required
to pay the ID 7 water capacity fee and San Diego
25-10
County Water Authority fee, as required under
Section 2801 of this Code. The water rate is set
forth in Appendix A, 25.03 E.15.(b).
(c) Conversion to Permanent Service. At such time as
use expires, the customer shall be required to
pay all fees in effect at the time the permanent
use is implemented.
F. Energy Charges for Pumping Water
In addition to water rates and other charges provided for
in this Section 25.03, customers shall be charged an energy
pumping charge based on the quantity of water used and the
elevation to which the water has been lifted to provide
service. The energy pumping charge shall be made at the
rate set forth in Appendix A, 25.03 F.
25.04 DEPOSITS BY LESSEES OR NON-OWNERS OF PROPERTY
8. RECYCLED TEMPORARY AND CONSTRUCTION WATER SERVICE
(a) Defined as: Recycled water service provided by
the District on a temporary basis, pursuant to
Section 31 of this Code.
(b) If capacity fees have not been paid by the
customer, the rates for water furnished under
this category is set forth in Appendix A, 25.03
E.8(b).
(c) If the customer has paid capacity and annexation
fees, the base rate for water furnished under
this category shall be the base rate charged
customers in the same category of service on a
permanent meter basis.
(d) The tiered base rates for this category of
service are subject to the increased drought
pricing outlined in Section 25.03 D.
(e) The applicable monthly system charge shall be the
same rates charged to customers in the same
category of service on a permanent meter basis
per Appendix A, 25.03 C.
A. AMOUNT OF DEPOSIT
The customer's deposit shall be applied to reduce or
satisfy any delinquent payment or other amount due the
District at the time of termination of water service to
the customer. Any portion of the deposit remaining, after
25-11
satisfaction of the amount due, shall be refunded to the
customer that made the deposit.
The deposits listed above may be waived for a new resi-
dential applicant where the applicant demonstrates credit
worthiness based upon prior utility payments or a non-
delinquent water account for one year or other similar
evidence of credit.
B. REFUND OF DEPOSIT
Where funds have been on deposit for twelve months in a
domestic service account and there has been no more than
one delinquent payment on that account during that period,
the District will apply a credit to the water account in
the amount of the deposit.
C. LETTER OF CREDIT
A letter of credit, in a form approved by the General
Manager or Department Head of Finance, may be submitted to
the District to satisfy the deposit requirements.
25.05 SERVICE TO SUBSEQUENT CUSTOMERS
After a water meter has been installed for a customer and all
fees and charges have been paid, water service may be furnished
to a subsequent customer through the water meter installed
without payment of further charges, except for the set-up fee
for transferred accounts, payment of delinquent charges for the
applicant's service or other deposits that may be required by
this Code.
Section #Code #Fee Description Meter Size
9 9.04 A.1.District Annexation Processing Fee $751.88
9.04 B.
Annexation Fees for Water Annexations
into Otay Water District Boundaries
District-wide
Annexation Fee
3/4" $1,622.59
1" $4,056.48
1-1/2" $8,112.95
2" $12,980.72
3" $25,961.44
4 $40,564.75
6" $81,129.50
8" $129,807.20
10" $186,597.85
9.04 C.4.
Annexation Fees for Annexations to Sewer
Improvement Districts $5,986.57
10 10.01 Filing of Petition $50.00
23 23.04 Backflow Certification
- Second Notification $10.00
- Third Notification $25.00
- Reconnection (service resumed)$50.00
- Initial Filing Fee (New applicants for
addition to the list of approved backflow
prevention device testers)$25.00
- Renewal Filing Fee (to remain on list
of approved backflow prevention device
testers)Annually $10.00
25 25.03 A. Set-up Fees for Accounts $10.00
25 25.03 C.
Monthly Fixed System Charges, MWD &
CWA Charges (1)Meter Size System Charge
MWD & CWA
Fixed Charge
Total Fixed
Charge
3/4"$16.19 $14.45 $30.64
1"$22.87 $26.79 $49.66(1) All Water used in December and billed in January 2014.
Otay Water District
Appendix A
Charges
EXHIBIT 5
Section #Code #Fee Description Meter Size Charges
25 25.03 C.
Monthly Fixed System Charges, MWD &
CWA Charges (continued)(1)1-1/2"$39.58 $60.61 $100.19
2"$59.62 $103.08 $162.70
3"$113.08 $219.23 $332.31
4"$173.22 $351.09 $524.31
6"$340.29 $718.69 $1,058.98
8"$540.76 $1,160.59 $1,701.35
10"$774.64 $1,670.55 $2,445.19
25 25.03 E.1.(b) Domestic Residential Water Rates (1)Unit Charge
(The Conservation Tier discount applies Conservation Tier 0 - 5 $1.86
toward the first five units of water when 6-10 $2.90
overall consumption is ten units or less.) 11-22 $3.77
23 or more $5.80
25 25.03 E.2.(b)
Multiple Residential Water Rates - Per
Dwelling Unit (1) 0-4 $2.86
5-9 $3.71
10 or more $5.73
25 25.03 E.3.(b)
Business and Publicly-Owned Water
Rates (1)under 10"0-185 $3.06
186-1,400 $3.14
1,401 or more $3.19
10" & larger 0-7,426 $3.06
7,427-14,616 $3.14
14,617 or more $3.19
25 25.03 E.4.(c)
Irrigation and Commercial Agricultural
Using Potable Water Rates (1)1" & smaller 0-54 $4.17
55-199 $4.25
200 or more $4.32
1.5" & 2"0-144 $4.17
145-355 $4.25
356 or more $4.32
3" & larger 0-550 $4.17
551-1,200 $4.25
(1) All Water used in December and billed in January 2014.1,201 or more $4.32
Section #Code #Fee Description Meter Size Charges
25 25.03 E.5. (c)Recycled Water (1)3/4" - 1" 0-32 $3.56
Landscape Irrigation and Certain Non-33-75 $3.61
Irrigation Purposes Rates 76 or more $3.68
1.5" & 2"0-130 $3.56
131-325 $3.61
326 or more $3.68
3" & 4"0-440 $3.56
441-1,050 $3.61
1,051 or more $3.68
6" & larger 0-4,000 $3.56
4,001-10,000 $3.61
10,001 or more $3.68
25 25.03 E.6.(c)Recycled Commercial (1)under 10"0-173 $2.56
174-831 $2.64
832 or more $2.66
10" & larger 0-7,426 2.56
7,427-14,616 $2.64
14,617 or more $2.66
25 25.03 E.7.(b)
Potable Temporary and Construction
Water Service Rates (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 E.10.(b) Tank Trucks Water Rates (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.11.(c)
Application Fee for Water Service Outside
District Boundaries $500.00
25 25.03 E.11.(d)
Water Rate for Service Outside District
Boundaries (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.12.(b)
Application Fee for Water Service Outside
an Improvement District $275.00
25 25.03 E.12.(c)
Water Rate for Service Outside
Improvement District (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 E.12.(c)
Water Rate for Service Outside
Improvement District (continued) (1)3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.13.(c) Fire Service Monthly Charge 3" or less $21.14
more than 4"$28.49
25 25.03 E.14.(b)
Additional Water Service for Property Not
Subject to District Taxes per unit $0.31
25 25.03 E.15.(b)
Interim Service Water Rate in
Improvement District 7 (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 F.Energy Charges for Pumping Water (1)
Per 100 ft of lift
over 450 ft per
unit $0.048
25 25.03 G.1.
Additional Water Charge for Service in the
North District
Per unit charge
except for the
first 5 units of
residential $0.08
25 25.03 H.1.
Additional Water Charges for Service in
the Improvement District 9 Water Service
Zone
Per unit charge
except for the
first 5 units of
residential $0.27
25 25.03 H.2.
Additional Monthly System Fee for
Improvement District 9 $2.00
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 I.1.(a)
Additional Water Charges for Services in
Improvement District 3
Per unit charge
except for the
first 5 units of
residential 0.19 per H.C.F.
Effective
Jan 1, 2011
"0.20 per H.C.F.
Effective
Jan 1, 2012
"0.21 per H.C.F.
Effective
Jan 1, 2013
25 25.03 I.1.(b)
Additional Water Charges for Services in
Improvement District 10
Per unit charge
except for the
first 5 units of
residential 0.27 per H.C.F.
Effective
Jan 1st
2011-2018
25 25.03 I.1.(c)
Additional Water Charges for Services in
La Presa
Per unit charge
except for the
first 5 units of
residential 0.08 per H.C.F.
Effective
Jan 1st
2011-2013
25 25.04 A.Deposits for Non-Property Owners 3/4"$75.00
1"$150.00
1-1/2"$200.00
2"$360.00
3"$800.00
4"$1,350.00
6"$3,300.00
8"$4,400.00
10"$5,500.00
28 28.01 B.1.Capacity Fees and Zone Charge
District-wide
Capacity Fee
- I.D.'s 1,2,3,5,7,9,10,20,22,22/27,25 3/4" $8,238.18
(excluding Triad) and only I.D. 22/27 1" $20,595.45
require reclaimed irrigation meters.1-1/2" $41,190.90
2" $65,905.44
3" $131,810.88
4 $205,954.50
6" $411,909.00
8" $659,054.40
10" $947,390.70
Section #Code #Fee Description Meter Size Charges
28 28.01 B.1.Capacity Fees and Zone Charge (continued)
- 22/27 TRIAD 3/4" $6,165.18
1" $15,412.95
1 -1/2" $30,825.90
2" $49,321.44
3" $98,642.88
4 $154,129.50
6" $308,259.00
8" $493,214.40
10" $708,995.70
28 28.01 B.2.New Water Supply Fee
- All IDs including Triad 3/4" $949.16
1" $2,372.90
1-1/2" $4,745.80
2" $7,593.28
3" $15,186.56
4" $23,729.00
6" $47,458.00
8" $75,932.80
10" $109,153.40
28 28.02
Installation Charges for Water Meter and
Water Service Laterals Meter Size Meter Cost Installation Total
Meter
Box/Vault (if
Needed)
Potable (Non-Irrigation)3/4" x 7.5"$210.97 $100.11 $311.08 $84.99
3/4" x 9"$224.62 $100.11 $324.73 $84.99
1"$272.24 $100.11 $372.35 $84.99
1.5"$442.49 $100.11 $542.60 $192.68
2"$634.05 $100.11 $734.16 $192.68
3"$1,975.94 $602.77 $2,578.71 $3,437.05
4"$3,431.89 $602.77 $4,034.66 $3,437.05
6"$5,927.80 $952.13 $6,879.93 $3,437.05
8"$7,406.35 $1,460.00 $8,866.35 $4,930.69
10"$10,651.71 $1,460.00 $12,111.71 $4,930.69
Potable/Recycled Irrigation 3/4" x 7.5"$210.97 $100.11 $311.08 $216.60
3/4" x 9"$224.62 $100.11 $324.73 $84.99
1"$272.24 $100.11 $372.35 $216.60
1.5"$442.49 $100.11 $542.60 $216.60
2"$634.05 $100.11 $734.16 $216.60
3"$1,367.55 $602.77 $1,970.32 $3,437.05
4"$2,662.41 $602.77 $3,265.18 $3,437.05
6"$4,793.20 $952.13 $5,745.33 $3,437.05
8"$6,385.40 $1,460.00 $7,845.40 $4,930.69
10"$9,061.00 $1,460.00 $10,521.00 $4,930.69
Section #Code #Fee Description Meter Size Charges
28 28.02
Installation Charges for Water Meter and
Water Service Laterals (continued)Meter Size
Combined Fire and Domestic 4"$8,164.77 $602.77 $8,767.54 $3,437.05
6"$10,866.59 $952.13 $11,818.72 $3,437.05
8"$15,799.24 $1,460.00 $17,259.24 $4,930.69
10"$21,560.74 $1,460.00 $23,020.74 $4,930.69
31 31.02 D.1.
Requirement of Temporary Meter for
Service
minimum/per
day $25.00
31 31.03 A.1.Requirement of Deposit for Temporary Meters
3/4"$150.00
1"$180.00
1-1/2"$330.00
2"$2,046.00
3"$850.00
4"$1,986.00
6"$2,465.00
- Construction Trailer Temporary Meter 2"$2,046.00
- Tank Truck Temporary Meter
(Ordinance No. 372)2"$850.00
31 31.03 A.4.Temporary Meter Install & Removal $128.00
31 31.03 A.5.
Temporary Meter Move Fee (includes
backflow certification)3/4" - 2"$64.00
3" and larger No backflow test $64.00
33 33.07 A.
Customer Request for Meter Test
(Deposit)5/8", 3/4" & 1"$25.00
1-1/2" & 2 "$50.00
3" & Larger $125.00
34 34.01 D.2. Returned Check Charges $25.00
34 34.02 B.Late Payment Charge
5% of
Delinquent
Balance
34 34.02 G.1.(d)Delinquency Tag $10.00
34 34.02 G.3.(a)Meter "Turn-On" Charge
During regular
business hours $35.00
Section #Code #Fee Description Meter Size Charges
34 34.02 G.3.(b)Meter "Turn-On" Charge
After regular
business hours $65.00
53 53.03 B.1.Sewer Connection Fee - Russell Square $7,500.00
53 53.03 B.2.Monthly Sewer Service Charge - Russell Square $200.00
53 53.10 & 11 Set-up Fees for Accounts $10.00
53 53.10 Residential Sewer Usage Fee (2)
Rate multiplied
by winter
average units $2.35
53 53.10 Residential Sewer System Fee (2)5/8" & 3/4"$14.38
1" & larger $14.38
53 53.10 A.
Residential Sewer Without Consumption
History (2)5/8" & 3/4"$42.35
1" & larger $42.35
53 53.10 B.
Multi-Residential Usage Fee - Sewer
Without Consumption History (2) $27.97
53 53.10 B.2.Multi-Residential Usage Fee - Sewer (2)
Rate multiplied
by winter
average units $2.35
53 53.10 B. 2.Multi-Residential System Fee - Sewer (2).75"$25.83
1"$38.03
1.5"$68.53
2"$105.12
3"$190.52
4"$312.51
6"$617.48
8" $983.46
10"$1,410.42
53 53.11
Commercial and Institutional Sewer
Strength Factors Low Strength 1
Medium
Strength 2
High
Strength 4 (2) Sewer billed beginning January 1, 2014.
Section #Code #Fee Description Meter Size Charges
53 53.11
Monthly Usage Fee for Commercial and
Institutional Sewer (2)Rate
multiplied Low Strength $2.35
by annual Medium Strength $3.37
avg. units High Strength $5.37
53 53.11
Monthly System Fee for Commercial and
Institutional Sewer (2).75"$25.83
1"$38.03
1.5"$68.53
2"$105.12
3"$190.52
4"$312.51
6"$617.48
8" $983.4610"$1,410.42
60 60.03
Issuance of Availability Letters for Water
and/or Sewer Service $75.00
72 72.04 A.1.
Locking or Removing Damaged or
Tampered Meters
- To Pull and Reset Meter 3/4" - 2"$170.00
- Broken Curbstop or Tabs 3/4" - 1"$192.00
- If Customer uses Jumper 3/4" - 1"$149.00
- Broken Lock/Locking Device 3/4" - 1"$56.00
- Cap Lock (Welded)3/4" - 1"$158.00
- Broken Curbstop or Tabs 1.5" - 2"$265.00
- To Pull and Reset Meter 3"$351.00
- To Pull and Reset Meter 4"$454.00
- To Pull and Reset Meter 6"$454.00
- To Pull and Reset Meter 8"$600.00
- To Pull and Reset Meter 10"$600.00
72 72.05 D. A.Type I Fine
- First Violation $100.00
- Second Violations $200.00
- Third or each additional violation of
that same ordinance or requirement within
a twelve-month period $500.00(2) Sewer billed beginning January 1, 2014.
Section #Code #Fee Description Meter Size Charges
Type II Fine $5,000.00(2) Sewer billed beginning January 1, 2014.
72 72.05 D. A. (continued)Type III Fine $500.00
Type IV Fine $500.00
State Water
Code
#71630 & Annual Board
Resolution #4142
Water Availability/Standby Annual Special
Assessment Charge $10.00
$10.00
$30.00
$3.00
$3.00
State Water
Code
#71630 & Annual Board
Resolution #4142
Sewer Availability/Standby Annual Special
Assessment Charge $10.00
$30.00
Annual
Board
Resolution
General Obligation Bond Annual Tax
Assessment $0.005
Per $1000 of assessed value for
I.D. 27
Less than one acre I.D. 4, 14, &
18
Less than one-acre all I.D.s &
Outside an I.D.
Per acre in I.D. 1, 5, & Outside
an I.D.
Per acre in I.D.
2,3,7,9,10,19,20,22,25,& 27
Less than one-acre Outside I.D.
and greater than one mile from
District facilities.
Per acre for outside I.D. &
greater than one mile from
District facilities.
Will not exceed per each day the
violation is identified or
continues.
Fine up to amount specified per
each day the violation is
identified or continues.
Fine up to amount specified per
each day the violation is
identified or continues.
Per acre I.D. 4, 14, & 18
Section #Code #Fee Description Meter Size Charges
Policies
5 Copies of Identifiable Public Records $0.10/page
Cassette Tape Duplication $2.00/tape
Yearly Subscription Service for Agendas
and Ratified Minutes
Yearly Subscription Service for Board
Packet and Ratified Minutes
$20.00/year or $0.50/meeting
$100.00/year for first copy and
$200.00/year for each copy thereafter
Section #Code #Fee Description Meter Size
9 9.04 A.1.District Annexation Processing Fee $751.88
9.04 B.
Annexation Fees for Water Annexations
into Otay Water District Boundaries
District-wide
Annexation Fee
3/4" $1,622.59
1" $4,056.48
1-1/2" $8,112.95
2" $12,980.72
3" $25,961.44
4 $40,564.75
6" $81,129.50
8" $129,807.20
10" $186,597.85
9.04 C.4.
Annexation Fees for Annexations to
Sewer Improvement Districts $5,986.57
10 10.01 Filing of Petition $50.00
23 23.04 Backflow Certification
- Second Notification $10.00
- Third Notification $25.00
- Reconnection (service resumed)$50.00
- Initial Filing Fee (New applicants for
addition to the list of approved backflow
prevention device testers)$25.00
- Renewal Filing Fee (to remain on list
of approved backflow prevention device
testers)Annually $10.00
25 25.03 A. Set-up Fees for Accounts $10.00
25 25.03 C.
Monthly Fixed System Charges, MWD &
CWA Charges (1)Meter Size System Charge
MWD & CWA
Fixed Charge
Total Fixed
Charge
3/4"$16.19 $14.45 $30.64
1"$22.87 $26.79 $49.66
Otay Water District
Appendix A
Charges
(1) All Water used in December and billed in January 2014.
EXHIBIT 6
Section #Code #Fee Description Meter Size Charges
25 25.03 C.
Monthly Fixed System Charges, MWD &
CWA Charges (continued)(1)1-1/2"$39.58 $60.61 $100.19
2"$59.62 $103.08 $162.70
3"$113.08 $219.23 $332.31
4"$173.22 $351.09 $524.31
6"$340.29 $718.69 $1,058.98
8"$540.76 $1,160.59 $1,701.35
10"$774.64 $1,670.55 $2,445.19
25 25.03 E.1.(b) Domestic Residential Water Rates (1)Unit Charge
(The Conservation Tier discount applies Conservation Tier 0 - 5 $1.86
toward the first five units of water when 6-10 $2.90
overall consumption is ten units or less.) 11-22 $3.77
23 or more $5.80
25 25.03 E.2.(b)
Multiple Residential Water Rates - Per
Dwelling Unit (1) 0-4 $2.86
5-9 $3.71
10 or more $5.73
25 25.03 E.3.(b)
Business and Publicly-Owned Water
Rates (1)under 10"0-185 $3.06
186-1,400 $3.14
1,401 or more $3.19
10" & larger 0-7,426 $3.06
7,427-14,616 $3.14
14,617 or more $3.19
25 25.03 E.4.(c)
Irrigation and Commercial Agricultural
Using Potable Water Rates (1)1" & smaller 0-54 $4.17
55-199 $4.25
200 or more $4.32
1.5" & 2"0-144 $4.17
145-355 $4.25
356 or more $4.32
3" & larger 0-550 $4.17
551-1,200 $4.25
1,201 or more $4.32
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 E.5.(c)Recycled Water (1)3/4" - 1" 0-32 $3.56
(Landscape Irrigation and Certain 33-75 $3.61
Non-Irrigation Purposes Rates)76 or more $3.68
1.5" & 2"0-130 $3.56
131-325 $3.61
326 or more $3.68
3" & 4"0-440 $3.56
441-1,050 $3.61
1,051 or more $3.68
6" & larger 0-4,000 $3.56
4,001-10,000 $3.61
10,001 or more $3.68
25 25.03 E.6.(c)Recycled Commercial (1)under 10"0-173 $2.56
174-831 $2.64
832 or more $2.66
10" & larger 0-7,426 2.56
7,427-14,616 $2.64
14,617 or more $2.66
25 25.03 E.7.(b)
Potable Temporary and Construction
Water Service Rates (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 E.10.(b) Tank Trucks Water Rates (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.11.(c)
Application Fee for Water Service Outside
District Boundaries $500.00
25 25.03 E.11.(d)
Water Rate for Service Outside District
Boundaries (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.12.(b)
Application Fee for Water Service Outside
an Improvement District $275.00
25 25.03 E.12.(c)
Water Rate for Service Outside
Improvement District (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
25 25.03 E.12.(c)
Water Rate for Service Outside
Improvement District (continued) (1)3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 E.13.(c) Fire Service Monthly Charge 3" or less $21.14
more than 4"$28.49
25 25.03 E.14.(b)
Additional Water Service for Property Not
Subject to District Taxes per unit $0.31
25 25.03 E.15.(b)
Interim Service Water Rate in
Improvement District 7 (1)1" & smaller 0-54 $8.34
55-199 $8.50
200 or more $8.64
1.5" & 2"0-144 $8.34
145-355 $8.50
356 or more $8.64
3" & larger 0-550 $8.34
551-1,200 $8.50
1,201 or more $8.64
25 25.03 F.Energy Charges for Pumping Water (1)
Per 100 ft of lift
over 450 ft per
unit $0.048
25 25.04 A.Deposits for Non-Property Owners 3/4"$75.00
1"$150.00
1-1/2"$200.00
2"$360.00
3"$800.00
4"$1,350.00
6"$3,300.00
8"$4,400.00
10"$5,500.00
(1) All Water used in December and billed in January 2014.
Section #Code #Fee Description Meter Size Charges
28 28.01 B.1.Capacity Fees and Zone Charge
District-wide
Capacity Fee
- I.D.'s 1,2,3,5,7,9,10,20,22,22/27,25 3/4" $8,238.18
(excluding Triad) and only I.D. 22/27 1" $20,595.45
require reclaimed irrigation meters.1-1/2" $41,190.90
2" $65,905.44
3" $131,810.88
4 $205,954.50
6" $411,909.00
8" $659,054.40
10" $947,390.70
- 22/27 TRIAD 3/4" $6,165.18
1" $15,412.95
1 -1/2" $30,825.90
2" $49,321.44
3" $98,642.88
4 $154,129.50
6" $308,259.00
8" $493,214.40
10" $708,995.70
28 28.01 B.2.New Water Supply Fee
- All IDs including Triad 3/4" $949.16
1" $2,372.90
1-1/2" $4,745.80
2" $7,593.28
3" $15,186.56
4" $23,729.00
6" $47,458.00
8" $75,932.80
10" $109,153.40
28 28.02
Installation Charges for Water Meter and
Water Service Laterals Meter Size Meter Cost Installation Total
Meter
Box/Vault
(if Needed)
- Potable (Non-Irrigation)3/4" x 7.5"$210.97 $100.11 $311.08 $84.99
3/4" x 9"$224.62 $100.11 $324.73 $84.99
1"$272.24 $100.11 $372.35 $84.99
1.5"$442.49 $100.11 $542.60 $192.68
2"$634.05 $100.11 $734.16 $192.68
3"$1,975.94 $602.77 $2,578.71 $3,437.05
4"$3,431.89 $602.77 $4,034.66 $3,437.05
6"$5,927.80 $952.13 $6,879.93 $3,437.05
8"$7,406.35 $1,460.00 $8,866.35 $4,930.69
10"$10,651.71 $1,460.00 $12,111.71 $4,930.69
Section #Code #Fee Description Meter Size Charges
28 28.02
Installation Charges for Water Meter and
Water Service Laterals (continued)Meter Size
- Potable/Recycled Irrigation 3/4" x 7.5"$210.97 $100.11 $311.08 $216.60
3/4" x 9"$224.62 $100.11 $324.73 $84.99
1"$272.24 $100.11 $372.35 $216.60
1.5"$442.49 $100.11 $542.60 $216.60
2"$634.05 $100.11 $734.16 $216.60
3"$1,367.55 $602.77 $1,970.32 $3,437.05
4"$2,662.41 $602.77 $3,265.18 $3,437.05
6"$4,793.20 $952.13 $5,745.33 $3,437.05
8"$6,385.40 $1,460.00 $7,845.40 $4,930.69
10"$9,061.00 $1,460.00 $10,521.00 $4,930.69
- Combined Fire and Domestic 4"$8,164.77 $602.77 $8,767.54 $3,437.05
6"$10,866.59 $952.13 $11,818.72 $3,437.05
8"$15,799.24 $1,460.00 $17,259.24 $4,930.69
10"$21,560.74 $1,460.00 $23,020.74 $4,930.69
31 31.02 D.1.
Requirement of Temporary Meter for
Service
minimum/per
day $25.00
31 31.03 A.1.Requirement of Deposit for Temporary Meters
3/4"$150.00
1"$180.00
1-1/2"$330.00
2"$2,046.00
3"$850.00
4"$1,986.00
6"$2,465.00
- Construction Trailer Temporary Meter 2"$2,046.00
- Tank Truck Temporary Meter
(Ordinance No. 372)2"$850.00
31 31.03 A.4.Temporary Meter Install & Removal $128.00
31 31.03 A.5.
Temporary Meter Move Fee
(includes backflow certification)3/4" - 2"$64.00
3" and larger No backflow test $64.00
33 33.07 A.
Customer Request for Meter Test
(Deposit)5/8", 3/4" & 1"$25.00
1-1/2" & 2 "$50.00
3" & Larger $125.00
34 34.01 D.2. Returned Check Charges $25.00
Section #Code #Fee Description Meter Size Charges
34 34.02 B.Late Payment Charge
5% of
Delinquent
Balance
34 34.02 G.1.(d)Delinquency Tag $10.00
34 34.02 G.3.(a)Meter "Turn-On" Charge
During regular
business hours $35.00
34 34.02 G.3.(b)Meter "Turn-On" Charge
After regular
business hours $65.00
53 53.03 B.1.Sewer Connection Fee - Russell Square $7,500.00
53 53.03 B.2.Monthly Sewer Service Charge - Russell Square $200.00
53 53.10 & 11 Set-up Fees for Accounts $10.00
53 53.10 Residential Sewer Usage Fee (2)
Rate multiplied
by winter
average units $2.35
53 53.10 Residential Sewer System Fee (2)5/8" & 3/4"$14.38
1" & larger $14.38
53 53.10 A.
Residential Sewer Without Consumption
History (2)5/8" & 3/4"$42.35
1" & larger $42.35
53 53.10 B.
Multi-Residential Usage Fee - Sewer
Without Consumption History (2) $27.97
53 53.10 B.2.Multi-Residential Usage Fee - Sewer (2)
Rate multiplied
by winter
average units $2.35
53 53.10 B. 2.Multi-Residential System Fee - Sewer (2).75"$25.83
1"$38.03
1.5"$68.53
2"$105.12
3"$190.52
4"$312.51
6"$617.48
8" $983.46
10"$1,410.42
(2) Sewer billed beginning January 1, 2014.
Section #Code #Fee Description Meter Size Charges
53 53.11
Commercial and Institutional Sewer
Strength Factors
Low
Strength 1
Medium
Strength 2
High
Strength 4
53 53.11
Monthly Usage Fee for Commercial and
Institutional Sewer (2)Rate
multiplied by Low Strength $2.35
annual avg.Medium Strength $3.37
units High Strength $5.37
53 53.11
Monthly System Fee for Commercial and
Institutional Sewer (2).75"$25.83
1"$38.03
1.5"$68.53
2"$105.12
3"$190.52
4"$312.51
6"$617.48
8" $983.46
10"$1,410.42
60 60.03
Issuance of Availability Letters for Water
and/or Sewer Service $75.00
72 72.04 A.1.
Locking or Removing Damaged or
Tampered Meters
- To Pull and Reset Meter 3/4" - 2"$170.00
- Broken Curbstop or Tabs 3/4" - 1"$192.00
- If Customer uses Jumper 3/4" - 1"$149.00
- Broken Lock/Locking Device 3/4" - 1"$56.00
- Cap Lock (Welded)3/4" - 1"$158.00
- Broken Curbstop or Tabs 1.5" - 2"$265.00
- To Pull and Reset Meter 3"$351.00
- To Pull and Reset Meter 4"$454.00
- To Pull and Reset Meter 6"$454.00
- To Pull and Reset Meter 8"$600.00
- To Pull and Reset Meter 10"$600.00
(2) Sewer billed beginning January 1, 2014.
Section #Code #Fee Description Meter Size Charges
72 72.05 D. A.Type I Fine
- First Violation $100.00
- Second Violations $200.00
- Third or each additional violation of
that same ordinance or requirement within
a twelve-month period $500.00
Type II Fine $5,000.00
Type III Fine $500.00
Type IV Fine $500.00
State Water
Code
#71630 & Annual Board
Resolution #4142
Water Availability/Standby Annual Special
Assessment Charge $10.00
$10.00
$30.00
$3.00
$3.00
Per acre for outside I.D. &
greater than one mile from
District facilities.
Fine up to amount specified per
each day the violation is
identified or continues.
Fine up to amount specified per
each day the violation is
identified or continues.
Less than one-acre all I.D.s &
Outside an I.D.
Per acre in I.D. 1, 5, &
Outside an I.D.
Per acre in I.D.
2,3,7,9,10,19,20,22,25, & 27
Less than one-acre Outside I.D.
and greater than one mile from
District facilities.
Will not exceed per each day the
violation is identified or
continues.
Section #Code #Fee Description Meter Size Charges
State Water
Code
#71630 & Annual Board
Resolution #4142
Sewer Availability/Standby Annual Special
Assessment Charge $10.00
$30.00
Annual
Board
Resolution
General Obligation Bond Annual Tax
Assessment $0.005
Policies
5 Copies of Identifiable Public Records $0.10/page
Cassette Tape Duplication $2.00/tape
Yearly Subscription Service for Agendas
and Ratified Minutes
Yearly Subscription Service for Board
Packet and Ratified Minutes
Less than one acre
I.D. 4, 14, & 18
Per acre I.D. 4, 14, & 18
Per $1000 of assessed value for
I.D. 27
$20.00/year or $0.50/meeting
$100.00/year for first copy and
$200.00/year for each copy thereafter
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: March 11, 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: Resolutions as Required by the Water Code and Government Code, to Confirm the Exclusion of Parcels from Improvement Districts (ID) 19 and ID 25 and Annexations into ID 22 and ID 20,
Respectively
GENERAL MANAGER’S RECOMMENDATION:
That the Board approve the attached Resolution Nos. 4224 and 4225,
which are necessary to complete the process for the exclusion of parcels within Improvement Districts (IDs) 19 and 25. Concurrent
with said action, that the Board also approve the attached Resolutions Nos. 4226 and 4227, which are necessary to complete 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 confirm the exclusion of parcels within
Improvement Districts (IDs) 19 and 25 and the annexation of those parcels into IDs 22 and 20, respectively.
Staff has completed the required publication and posting per Government Code section 6066 and Water Code sections 72084, 72707,
and 72703. Having complied with such requirements, this second set of resolutions is being presented to confirm the exclusions and
annexations. With approval of the resolutions, staff will submit the appropriate forms and fees required to effectuate the Board action with the State Board of Equalization and the County of San Diego.
This action would cease the fees and charges applicable to parcels within IDs 19 and 25 for the excluded parcels and commence the fees
and charges applicable to parcels within IDs 22 and 20 on those
parcels, 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. On November 6, 2013 the Board took action on
the first of two necessary steps to complete this consolidation, declaring its intention to exclude and subsequently annex certain parcels and initiating the process to do so. Staff has published and posted the resolutions as required by statute, from February 24, 2014 through March 11, 2014. Therefore, the Board has the ability to
confirm the exclusion and annexation at this Board meeting, provided there are not written protests filed by the holders of title of one-
half of the value of the territory proposed to be annexed. 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. 4224 Exhibit A - Legal Description ID 19 Exhibit B - Map ID 19
C) Resolution No. 4225 Exhibit A - Legal Description ID 25 Exhibit B - Map ID 25 D) Resolution No. 4226 Exhibit A - Legal Description ID 19
Exhibit B - Map ID 19 E) Resolution No. 4227
Exhibit A - Legal Description ID 25 Exhibit B - Map ID 25
ATTACHMENT A
SUBJECT/PROJECT:
Resolutions as Required by the Water Code and Government Code to Confirm Exclusions of Improvement District (ID) 19
and 25 and Annexations of ID 22 and ID 20
COMMITTEE ACTION: That the Board approve the Finance, Administration and Communications
Committee’s recommendation to approve the attached resolutions to exclude territory, Nos. 4224 and 4225, that are necessary to complete the process for the exclusion of parcels within Improvement Districts (IDs) 19 and 25. Concurrent with said action, that the Board also approve the attached resolutions approving annexation, Nos. 4226 and
4227, that are necessary to complete 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. 4224 RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT 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, on November 6, 2013, by Resolution No. 4219, the Board initiated
proceedings to consolidate ID 19 into ID 22 to streamline the accounting and tracking of
these parcels by declaring, 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, including ordering a public hearing on said exclusion and
directing staff to provide statutorily-required notice for the hearing; 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 at its September 4, 2013 Board meeting, where the Board
determined that there were no protests regarding this action and approved the new fees
and charges; and
Attachment B
2
WHEREAS, on March 11, 2014 at 3:30 p.m., a hearing was held by the Board 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, where at such time and place, any
persons interested, including all persons owning property in the Otay Water District or in
ID 19, were heard and allowed to appear and present any matters material to the
questions set forth in the resolution of intention to exclude.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Directors, following a public hearing on the matter, does
hereby determine that it is desirable to exclude parcels within ID 19, as identified in
Exhibit 1 to this resolution.
2. That the exclusion of parcels within ID 19, with an eye towards annexing
them to ID 22, is desirable to streamline the accounting and tracking of these parcels,
given that the availability charges and water rates and charges are identical between
IDs 19 and 22.
3. 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 then existing improvement district.
BE IT FURTHER RESOLVED that the Board directs staff to take all steps
reasonably necessary to effectuate such exclusion including, but not limited to,
submitting the appropriate forms and fees to the State Board of Equalization and the
County of San Diego.
3
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water
District at a regular meeting held this 11th day of March, 2014.
President ATTEST:
Secretary
1
RESOLUTION NO. 4225
RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT 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, on November 6, 2013, by Resolution No. 4220, the Board initiated
proceedings to consolidate ID 25 into ID 20 to streamline the accounting and tracking of
these parcels by declaring, 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 including ordering a public hearing on said exclusion and
directing staff to provide statutorily-required notice for the hearing; 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 at its September 4, 2013 Board meeting, where the Board
determined that there were no protests regarding this action and approved the new fees
and charges; and
Attachment C
2
WHEREAS, on March 11, 2014 at 3:30 p.m., a hearing was held by the Board 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, where at such time and place, any
persons interested, including all persons owning property in the Otay Water District or in
ID 25, were heard and allowed to appear and present any matters material to the
questions set forth in the resolution of intention to exclude.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Directors, following a public hearing on the matter, does
hereby determine that it is desirable to exclude parcels within ID 25, as identified in
Exhibit 1 to this resolution.
2. That the exclusion of parcels within ID 25, with an eye towards annexing
them to ID 20, is desirable to streamline the accounting and tracking of these parcels,
given that the availability charges and water rates and charges are identical between
IDs 25 and 20.
3. 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 then existing improvement district.
BE IT FURTHER RESOLVED that the Board directs staff to take all steps
reasonably necessary to effectuate such exclusion including, but not limited to,
submitting the appropriate forms and fees to the State Board of Equalization and the
County of San Diego.
3
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water
District at a regular meeting held this 11th day of March, 2014.
President
ATTEST:
Secretary
Page 1 of 3
RESOLUTION NO. 4226
A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT APPROVING THE ANNEXATION OF 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, on November 6, 2013, by Resolution No. 4221, the Board initiated
proceedings to consolidate ID 19 into ID 22 to streamline the accounting and tracking of
these parcels by declaring its intention to annex parcels excluded from ID 19, if
approved, into ID 22, pursuant to Water Code sections 72700, et seq., including
ordering a public hearing on said annexation and directing staff to provide statutorily-
required notice for the hearing; 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 at its September 4, 2013 Board meeting, where the Board
Attachment D
Page 2 of 3
determined that there were no protests regarding this action and approved the new fees
and charges; and
WHEREAS, on March 11, 2014, a hearing was held by the Board at which the
Board received written protests, if any, theretofore filed with the Secretary of the District,
received additional written protests, if any, and heard from any and all persons
interested in the annexation, where the Board determined that there were no protests
filed by the holders of title of one-half of the value of the territory proposed to be
annexed.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Directors, following a public hearing on the matter where
written protests were not made by the owners of one-half of the value of the territory
proposed to be annexed, does hereby confirm the annexation of parcels excluded from
ID 19 into ID 22, as described in Exhibit “A,” pursuant to Water Code sections 72700, et
seq.
2. That the Board determines from the evidence presented at the hearing
that the parcels excluded from ID 19 and to be annexed into ID 22 will be benefited
thereby, and that ID 22 will also be benefited thereby and will not be injured thereby,
because of the streamlining of accounting and tracking of these parcels and because
the availability rates and charges are identical between IDs 19 and 22.
3. A depiction of the area 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 to be annexed.
4. That the terms and conditions for the annexation of said parcels is as
follows, with the owners required to:
(a) Pay 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.
Page 3 of 3
(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) Pay all other applicable local or state agency fees or charges.
5. That the annexation shall become effective on the date the exclusion of
parcels from ID 19 becomes effective.
BE IT FURTHER RESOLVED that the Board directs staff to take all steps
reasonably necessary to effectuate such annexation including, but not limited to,
submitting the appropriate forms and fees to the State Board of Equalization and the
County of San Diego.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 11th day of March, 2014.
President
ATTEST:
__________________________________ District Secretary
Page 1 of 3
RESOLUTION NO. 4227
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, on November 6, 2013, by Resolution No. 4222, the Board initiated
proceedings to consolidate ID 25 into ID 20 to streamline the accounting and tracking of
these parcels by declaring its intention to annex parcels excluded from ID 25, if
approved, into ID 22, pursuant to Water Code sections 72700, et seq., including
ordering a public hearing on said annexation and directing staff to provide statutorily-
required notice for the hearing; 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 at its September 4, 2013 Board meeting, where the Board
Attachment E
Page 2 of 3
determined that there were no protests regarding this action and approved the new fees
and charges; and
WHEREAS, on March 11, 2014, a hearing was held by the Board at which the
Board received written protests, if any, theretofore filed with the Secretary of the District,
received additional written protests, if any, and heard from any and all persons
interested in the annexation, where the Board determined that there were no protests
filed by the holders of title of one-half of the value of the territory proposed to be
annexed.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Board of Directors, following a public hearing on the matter where
written protests were not made by the owners of one-half of the value of the territory
proposed to be annexed, does hereby confirm the annexation of parcels excluded from
ID 25 into ID 20, as described in Exhibit “A,” pursuant to Water Code sections 72700, et
seq.
2. That the Board determines from the evidence presented at the hearing
that the parcels excluded from ID 25 and to be annexed into ID 22 will be benefited
thereby, and that ID 22 will also be benefited thereby and will not be injured thereby,
because of the streamlining of accounting and tracking of these parcels and because
the availability rates and charges are identical between IDs 25 and 20.
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 terms and conditions for the annexation of said parcels is as
follows, with the owners required to:
Page 3 of 3
(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 annexation shall become effective on the date the exclusion of
parcels from ID 25 becomes effective.
BE IT FURTHER RESOLVED that the Board directs staff to take all steps
reasonably necessary to effectuate such annexation including, but not limited to,
submitting the appropriate forms and fees to the State Board of Equalization and the
County of San Diego.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay
Water District at a regular meeting held this 11th day of March, 2014.
President
ATTEST:
__________________________________ District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: March 11, 2014
SUBMITTED BY: Dan Martin
Engineering Manager
PROJECT: DIV. NO. All
APPROVED BY:
Rod Posada, Chief, Engineering
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: Adopt Ordinance No. 542 Amending Section 2.01, Authority of the
General Manager of the District’s Code of Ordinances
GENERAL MANAGER'S RECOMMENDATION:
That the Otay Water District (District) Board of Directors (Board)
adopt Ordinance No. 542 amending Section 2.01, Authority of the
General Manager of the District’s Code of Ordinances.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To delegate to the General Manager authority to approve certain
agreements and amendments to agreements for the lease of District
Real Property and/or space on District facilities to cellular
companies and related entities for telecommunications purposes.
ANALYSIS:
The District currently maintains thirty three (33) lease agreements
with cellular communication companies that allow the cellular
communication companies to operate and maintain unmanned wireless
communication facilities that include panel antennas, equipment
cabinets, and enclosures. The sites leased to these companies are
typically located at the District’s water reservoir sites which are
located at higher elevations and are advantageous for the purposes of
2
transmitting cellular signals. Through lease agreements which are
approved by the Board, the District is compensated by the cellular
communication companies for the use of the lease areas. This funding
is used to offset the cost of providing services to the District’s
customers. In Fiscal Year 2014 the cellular lease agreements are
anticipated to generate approximately $1.1 Million in revenue.
As technology changes, and the cellular communication companies seek
to improve the services they deliver through the development of new
sites or upgrades to their current infrastructure located on existing
leased sites, the cellular communication companies approach the
District with requests to implement their changes. These changes may
involve additional lease space area or opportunities for the District
to leverage the cellular company’s facilities. In many cases,
upgrades to existing sites trigger amendments to the current lease
agreements held between the District and the cellular communication
company. Additionally, new lease agreements that contain the
District’s most current lease provisions as approved by the Board are
executed by the District and the cellular communication companies for
new sites. Historically, these amendments and agreements have been
brought before the Board for approval.
As part of the discussion regarding a lease amendment for a
communications facility which was presented at the October 2, 2013
Board meeting, the Board requested that staff explore a greater
delegation of authority for the General Manager to approve lease
agreements or amendments that involve changes deemed to be
administrative in nature such as:
Minor changes to the lease area and corresponding lease rate
Implementation of new cellular equipment in the lease area
Revisions to existing leases to incorporate the District’s most
current lease provisions as approved by the Board
Implementation of new lease sites using the most current Board
approved lease provisions.
As a result of this direction by the Board, staff is proposing
changes to Section 2.01, Authority of the General Manager of the
District’s Code of Ordinances, which would delegate to the General
Manager authority to approve certain agreements and amendments to
agreements for the lease of District Real Property and/or space on
District facilities to cellular companies and related entities for
telecommunications purposes as shown in Attachment C.
FISCAL IMPACT: Joseph Beachem, Chief Financial Officer
None.
3
LEGAL IMPACT:
The proposed amendments to Section 2.01, Authority of the General
Manager of the District’s Code of Ordinances, have been reviewed by
District General Counsel.
STRATEGIC GOAL:
To improve business functionality by constantly improving the
efficiency and effectiveness of important business processes.
DJM/RP:jf
P:\Public-s\STAFF REPORTS\2014\BD 3-11-2014\BD 3-11-2014 Staff Report, Proposed Delegation of Authority _Cell
Leases.doc
Attachments: Attachment A – Committee Action
Attachment B – Ordinance No. 542
Exhibit I – Strike-through Section 2.01
Attachment C – Proposed Section 2.01
ATTACHMENT A
SUBJECT/PROJECT:
Adopt Ordinance No. 542 Amending Section 2.01, Authority of
the General Manager of the District’s Code of Ordinances
COMMITTEE ACTION:
The Finance, Administration and Communications Committee reviewed
this item at a meeting held on February 19, 2014. The Committee
supported Staff’s recommendation.
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.
ATTACHMENT B
ORDINANCE NO. 542
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY
WATER DISTRICT AMENDING SECTION 2.01 AUTHORITY OF THE GENERAL MANAGER
OF THE DISTRICT’S CODE OF ORDINANCES
BE IT ORDAINED by the Board of Directors of Otay Water
District that the District’s Code of Ordinances, Section 2.01,
Authority of the General Manager be revised as per Attachment C.
NOW, THEREFORE, BE IT RESOLVED that the new proposed
Section 2.01 of the Code of Ordinances shall become effective
March 11, 2014.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting duly held this 11th
day of March, 2014, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
President
ATTEST:
_____________________________
District Secretary
EXHIBIT I
CHAPTER 2 ADMINISTRATION OF THE DISTRICT
SECTION 2 MANAGEMENT OF THE DISTRICT
2.01 AUTHORITY OF THE GENERAL MANAGER
Pursuant to Sections 71362 and 71363 of the California Water
Code, and other applicable laws of the State of California, the
General Manager shall, subject to the approval and direction of the
Board of Directors, operate and manage the affairs of the District.
The General Manager shall have the following specifically enumerated
powers and authority:
A. To control the administration, maintenance, operation and
construction of the water and sewer systems and facilities of the
District in an efficient manner.
B. To employ and discharge all employees and assistants, other
than those referred to in Section 71340 of the California Water Code,
and to prescribe their duties and promulgate specific rules and
regulations for such employees and assistants.
C. To promulgate policies and procedures necessary to enhance
the security of the District and increase the transparency of
District operations, including provisions for the disclosure of
conflicts of interest by employees.
D. To establish the terms and conditions for collection of
receivables, thereby facilitating the efficient administration of the
District’s receivables. The General Manager or designee is given
this authority as well as the authority to waive, adjust, or reduce
any receivable for amounts up to $10,000.
E. To execute agreements, contracts, other documents, or
commitments on behalf of the District where the amount involved does
not exceed $50,000, provided that Public Works Contracts shall be
awarded in compliance with applicable laws.
F. To approve change orders to agreements, contracts, or other
commitments on behalf of the District. If the underlying contract is
awarded by the General Manager pursuant to paragraph 2.01-E above,
the cumulative value of the approved change orders and the underlying
agreement, contract, or commitment shall not exceed the General
Manager’s signatory authority established above. If the underlying
contract is awarded by the Board, the General Manager may approve
change orders thereto in an aggregate amount not exceeding the
General Manager’s signatory authority established above.
G. To approve plans, specifications, maps and agreements, and
any other documents involving land development projects within the
District.
H. To authorize the use of District Real Property by third
parties if all the following conditions are met: (a) the
consideration is less than the General Manager’s authority; and (b)
the proposed use consists of an easement, license, access permit or
other use of a portion of the District Real Property that will not
interfere with the existing or anticipated uses of the District Real
Property for District purposes; and (c) either (i) the term of the
proposed use is 10 years or less, or (ii) the entity proposing to use
the District Real Property is a regulated utility, governmental
entity or not-for profit organization. All uses of District Real
Property not contemplated herein or specifically authorized in other
sections of this Code of Ordinance shall be presented to the Board of
Directors for consideration.
1. The General Manager may establish terms and conditions
for the use of and access to District Real Property contemplated
herein, including administrative charges.
2. The use of any District Real Property shall require
consideration satisfactory to the General Manager, which may be
monetary compensation in an amount equal to the fair market value of
the proposed use plus an administrative charge or may be in the form
of a real property interest or other equivalent compensation or use.
3. “District real property” means and includes real
property and interests thereon, such as fee interests, easements,
licenses and other such interests acquired for various District
purposes including but not limited to the construction, operation,
access or maintenance of pipelines or other facilities necessary or
convenient to the full exercise of the District’s powers.
I. To declare an emergency and, in such event, to have the
additional powers specified in the District’s emergency management
plan, referred to as the National Incident Management System (NIMS),
and below, pursuant to California Contract Code Section 22050. An
emergency is a sudden, unexpected occurrence that poses a clear and
imminent danger, requiring immediate action to prevent and mitigate
the loss or impairment of life, health, property, or essential public
services.
1. In a declared emergency, the General Manager may
direct employees, take action to continue or restore service
capability, and execute any contracts for necessary equipment,
services, or supplies directly related and required by the emergency.
Notwithstanding the limits imposed in the prior paragraphs of this
Section 2.01, or by any other policy or guideline of the District, in
an emergency, the General Manager may award and execute contracts for
goods, services, work, facility or improvement, without bidding and
without regard to said limits, provided that the goods, services,
work, facilities or improvements acquired or contracted for are of an
urgent nature, directly and immediately required by the emergency.
Any contract for goods or services with a value of more than $250,000
shall be subject to ratification by the Board at its first regularly
scheduled meeting following the declaration of the emergency to which
the contract relates. Any contract for work, facilities or
improvements with a value of more than $500,000 shall be subject to
ratification by the Board at its first regularly scheduled meeting
following the declaration of the emergency to which the contract
relates.
2. The General Manager shall report to the Board not
later than 48 hours after the emergency action or at the next
regularly scheduled meeting, whichever is earlier. The report shall
include the details of the emergency and reasons justifying the
actions taken, and provide an accounting of the funds expended or yet
to be expended in connection with the emergency.
3. If the emergency action continues for seven days and a
regularly scheduled meeting will not occur within 14 days from the
day the emergency action was taken, the General Manager shall request
that the Board review the emergency action and determine by formal
action if the need to take emergency action continues.
4. At each regularly scheduled meeting following the
declaration of an emergency the Board may, by formal action and
pursuant to a vote as required by Section 22050 of the Public
Contract Code, determine if there is a need to continue the emergency
action. If the Board does not determine that the emergency
continues, the power to operate under emergency conditions will
terminate and any new work, goods or services not yet procured shall
be contracted or acquired in accordance with applicable provisions of
this Code.
J. In addition to the authority for the use of District Real
Property enumerated in subsection H above, to approve the following
types of agreements and amendments to agreements for the lease of
District Real Property and/or space on District facilities to
cellular companies and related entities for telecommunications
purposes, provided such agreements and amendments are substantially
in compliance with the District’s standard contract terms and
provisions and have been reviewed and approved by General Counsel:
1. A reduction of the lease rate of not more than 25%.
2. Any increase in the lease rate.
3. Allowance of new equipment on the leased space,
provided proper land use permits are acquired by the lessee from the
appropriate entities.
4. Administrative changes to the lease, including
amending leases to the District’s most current form as approved by
the Board.
5. Entering into a lease that contains the District’s
most current form as approved by the Board with a new entity on a new
site or a site that has been vacated.
2.02 ORDER OF SUCCESSION
When the General Manager is going to be absent from the
District, the General Manager is authorized to designate an Asst.
General Manager to act on his behalf and said person shall have the
same authority as the General Manager. Any long-term vacancies (over
30 days) shall be filled by vote of the majority of the Board.
ATTACHMENT C
CHAPTER 2 ADMINISTRATION OF THE DISTRICT
SECTION 2 MANAGEMENT OF THE DISTRICT
2.01 AUTHORITY OF THE GENERAL MANAGER
Pursuant to Sections 71362 and 71363 of the California Water
Code, and other applicable laws of the State of California, the
General Manager shall, subject to the approval and direction of the
Board of Directors, operate and manage the affairs of the District.
The General Manager shall have the following specifically enumerated
powers and authority:
A. To control the administration, maintenance, operation and
construction of the water and sewer systems and facilities of the
District in an efficient manner.
B. To employ and discharge all employees and assistants, other
than those referred to in Section 71340 of the California Water Code,
and to prescribe their duties and promulgate specific rules and
regulations for such employees and assistants.
C. To promulgate policies and procedures necessary to enhance
the security of the District and increase the transparency of
District operations, including provisions for the disclosure of
conflicts of interest by employees.
D. To establish the terms and conditions for collection of
receivables, thereby facilitating the efficient administration of the
District’s receivables. The General Manager or designee is given
this authority as well as the authority to waive, adjust, or reduce
any receivable for amounts up to $10,000.
E. To execute agreements, contracts, other documents, or
commitments on behalf of the District where the amount involved does
not exceed $50,000, provided that Public Works Contracts shall be
awarded in compliance with applicable laws.
F. To approve change orders to agreements, contracts, or other
commitments on behalf of the District. If the underlying contract is
awarded by the General Manager pursuant to paragraph 2.01-E above,
the cumulative value of the approved change orders and the underlying
agreement, contract, or commitment shall not exceed the General
Manager’s signatory authority established above. If the underlying
contract is awarded by the Board, the General Manager may approve
change orders thereto in an aggregate amount not exceeding the
General Manager’s signatory authority established above.
G. To approve plans, specifications, maps and agreements, and
any other documents involving land development projects within the
District.
H. To authorize the use of District Real Property by third
parties if all the following conditions are met: (a) the
consideration is less than the General Manager’s authority; and (b)
the proposed use consists of an easement, license, access permit or
other use of a portion of the District Real Property that will not
interfere with the existing or anticipated uses of the District Real
Property for District purposes; and (c) either (i) the term of the
proposed use is 10 years or less, or (ii) the entity proposing to use
the District Real Property is a regulated utility, governmental
entity or not-for profit organization. All uses of District Real
Property not contemplated herein or specifically authorized in other
sections of this Code of Ordinance shall be presented to the Board of
Directors for consideration.
1. The General Manager may establish terms and conditions
for the use of and access to District Real Property contemplated
herein, including administrative charges.
2. The use of any District Real Property shall require
consideration satisfactory to the General Manager, which may be
monetary compensation in an amount equal to the fair market value of
the proposed use plus an administrative charge or may be in the form
of a real property interest or other equivalent compensation or use.
3. “District real property” means and includes real
property and interests thereon, such as fee interests, easements,
licenses and other such interests acquired for various District
purposes including but not limited to the construction, operation,
access or maintenance of pipelines or other facilities necessary or
convenient to the full exercise of the District’s powers.
I. To declare an emergency and, in such event, to have the
additional powers specified in the District’s emergency management
plan, referred to as the National Incident Management System (NIMS),
and below, pursuant to California Contract Code Section 22050. An
emergency is a sudden, unexpected occurrence that poses a clear and
imminent danger, requiring immediate action to prevent and mitigate
the loss or impairment of life, health, property, or essential public
services.
1. In a declared emergency, the General Manager may
direct employees, take action to continue or restore service
capability, and execute any contracts for necessary equipment,
services, or supplies directly related and required by the emergency.
Notwithstanding the limits imposed in the prior paragraphs of this
Section 2.01, or by any other policy or guideline of the District, in
an emergency, the General Manager may award and execute contracts for
goods, services, work, facility or improvement, without bidding and
without regard to said limits, provided that the goods, services,
work, facilities or improvements acquired or contracted for are of an
urgent nature, directly and immediately required by the emergency.
Any contract for goods or services with a value of more than $250,000
shall be subject to ratification by the Board at its first regularly
scheduled meeting following the declaration of the emergency to which
the contract relates. Any contract for work, facilities or
improvements with a value of more than $500,000 shall be subject to
ratification by the Board at its first regularly scheduled meeting
following the declaration of the emergency to which the contract
relates.
2. The General Manager shall report to the Board not
later than 48 hours after the emergency action or at the next
regularly scheduled meeting, whichever is earlier. The report shall
include the details of the emergency and reasons justifying the
actions taken, and provide an accounting of the funds expended or yet
to be expended in connection with the emergency.
3. If the emergency action continues for seven days and a
regularly scheduled meeting will not occur within 14 days from the
day the emergency action was taken, the General Manager shall request
that the Board review the emergency action and determine by formal
action if the need to take emergency action continues.
4. At each regularly scheduled meeting following the
declaration of an emergency the Board may, by formal action and
pursuant to a vote as required by Section 22050 of the Public
Contract Code, determine if there is a need to continue the emergency
action. If the Board does not determine that the emergency
continues, the power to operate under emergency conditions will
terminate and any new work, goods or services not yet procured shall
be contracted or acquired in accordance with applicable provisions of
this Code.
J. In addition to the authority for the use of District Real
Property enumerated in subsection H above, to approve the following
types of agreements or amendments to agreements for the lease of
District Real Property and/or space on District facilities to
cellular companies and related entities for telecommunications
purposes, provided such agreements or amendments are substantially in
compliance with the District’s standard contract terms and provisions
and have been reviewed and approved by General Counsel:
1. A reduction of the lease rate of not more than 25%.
2. Any increase in the lease rate.
3. Allowance of new equipment on the leased space,
provided proper land use permits are acquired by the lessee from the
appropriate entities.
4. Administrative changes to the lease, including
amending leases to the District’s most current form as approved by
the Board.
5. Entering into a lease that contains the District’s
most current form as approved by the Board with a new entity on a new
site or a site that has been vacated.
2.02 ORDER OF SUCCESSION
When the General Manager is going to be absent from the
District, the General Manager is authorized to designate an Asst.
General Manager to act on his behalf and said person shall have the
same authority as the General Manager. Any long-term vacancies (over
30 days) shall be filled by vote of the majority of the Board.
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: March 11, 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: Declare a Water Shortage Response Level 1 – Supply Watch
Condition
GENERAL MANAGER’S RECOMMENDATION:
That the Board declare a Water Shortage Response Level 1 – Supply
Watch Condition which calls for voluntary conservation measures and
to instruct staff to educate customers of these recommendations via
bill inserts, the District’s website and any other applicable means.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To align the District with the San Diego County Water Authority’s
(CWA) recommendation to adopt voluntary conservation measures.
ANALYSIS:
California is experiencing an unprecedented drought due to two years
of lower than anticipated rainfall which is continuing into the third
year. The Department of Water Resources’ survey in late January
showed snowpack water content levels at 12 percent of normal for this
time of year. In response, Governor Brown declared a statewide
drought emergency on January 17th. This action opened the door to
provide federal aid for communities in Northern and Central
California that are facing immediate shortages.
The San Diego region is not as impacted by the drought as much as
other parts of the state since San Diegans have already invested
heavily in conservation, infrastructure improvements, and water
supply diversification. As an example, per capita water use has
declined from more than 200 gallons per person per day to
approximately 150 gallons over the past decade. Total potable water
use in our region was also less in 2013 than it was in 1990, despite
an increase in population of around 30 percent. Additionally, CWA
has invested $2 billion over the past decade in new large-scale water
infrastructure projects that are contributing to a more reliable
water supply.
In a special meeting on February 13, 2014, the San Diego County Water
Authority notified all member agencies that the region is at a Level
1 Drought Watch of the Model Drought Response Ordinance. In response
to this call for action, staff is recommending the District declare a
Water Shortage Response, Level 1 - Supply Watch Condition. The Level
1 water shortage response condition practices are voluntary and will
be reinforced through local and regional public education and
awareness measures.
Periodic drought is a fact of life in Southern California. San
Diegans have risen to the challenge before and the District is
confident that our customers will continue to do their part to
conserve and remain mindful of wasting water. The District
encourages everyone to take advantage of money saving tips and
rebates found on the District’s website.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
No increases to programmatic costs will occur. There is the
potential for reductions in revenues if measurable conservation
occurs. However, unlike the last drought, this one is not occurring
coincident with an economic crisis, the call for conservation is not
extreme, and there are not significant pricing changes to promote
high levels of conservation.
STRATEGIC GOAL:
Actively manage water supply and demand.
LEGAL IMPACT:
None.
Attachments:
Attachment A – Committee Action
ATTACHMENT A
SUBJECT/PROJECT:
Declare a Water Shortage Response Level 1 – Supply Watch
Condition
COMMITTEE ACTION:
The Finance, Administration and Communications Committee recommends
that the Board declare a Water Shortage Response Level 1 – Supply
Watch Condition which calls for voluntary conservation measures and to
instruct staff to educate customers of these recommendations via bill
inserts, the District’s website and any other applicable means.
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 11, 2014
SUBMITTED BY:
Geoff Stevens,
Chief Information Officer
PROJECT: Various DIV. NO. ALL
APPROVED BY:
German Alvarez, Assistant General Manager
Mark Watton, General Manager
SUBJECT: STATUS UPDATE ON 2015 – 2017 DISTRICT STRATEGIC PLAN
GENERAL MANAGER’S RECOMMENDATION:
This is an informational item. No Board action is required.
COMMITTEE ACTION:
See “Attachment A”.
PURPOSE:
To brief the Board on the progress in the development of the 2015 to
2017 District Strategic Plan.
Background
Each year, the District updates the Strategic Plan and it is reviewed
every three years to take an in-depth look at what will be required to
meet coming challenges. This year requires the in-depth analysis as
the Strategic Plan is at the end of the 2012-2014 plan and actively
drafting the 2015 to 2017 plan.
2
Activities to Date:
The Senior Team began discussing the plan in October 2013. The following
activities have taken place over the last four months:
Review of other Districts’ Strategic Plan;
Review of industry trends;
Review of Strategic Planning methodology;
Engagement of consulting assistance to validate process;
Development of a Strategy Map for the District;
Senior Team discussion of Mission, Vision and Values;
Reaffirmation of Balanced Scorecard as methodology of choice;
Development of Primary Goals for Balanced Scorecard;
Development of a more targeted key challenge;
Engagement meetings with all departments including the General
Manager and Assistant General Manager;
Development of individual department objectives and measures
(ongoing);
Employee communications meeting both at the section and the group
level.
Current Status
The Senior Team is pleased with the Strategic Plan progress to date.
This is a critical review point in the process where the General Manager
has asked staff to present and seek the Board’s affirmation of the
District’s stated Mission, Vision, and Values. Staff would like to
present the key challenge, which is more targeted, than in the last
plan, to highlight efficiency, effectiveness, and measurement.
Finally, staff has drafted the high level strategies and goals that are
in alignment with the balanced scorecard.
3
MISSION
To provide quality water and wastewater services to the
customers of the Otay Water District, in a professional,
effective and efficient manner.
VISION
A District that is innovative in providing water
services at competitive rates, with a reputation for
outstanding customer service.
4
STATEMENT OF VALUES
As Otay Water District employees, we dedicate ourselves
to:
CUSTOMERS:
We take pride that our commitment to customer-
centered service is our highest priority.
EXCELLENCE:
We strive to provide the highest quality and value in
all that we do.
INTEGRITY:
We commit ourselves to doing the right thing.
Ethical behavior, trustworthiness and accountability
are the District’s foundation.
TEAMWORK:
We promote mutual trust by sharing information,
knowledge and ideas to reach our common goals.
EMPLOYEES:
We see each individual as unique and important. We
value diversity and open communication to promote
fairness, dignity and respect.
5
PROPOSED KEY CHALLENGE
Our key challenge, as the staff of this District,
reponsible for delivering our stated mission, vision, and
values, is to quantify and demonstrate our commitment and
ability to execute how we will utilize the optimum mix of
resources, business processes, and technology to achieve
our goals. As a team and at all levels we accept the
requirement to regularly assess and document how our
decisions and work practices are adapting to meet this
strategic challenge.
6
Balanced Scorecard Strategies and Goals
Customer:
Deliver high quality services that meet regulatory
standards and delivers best business processes which
increase confidence of the customer in the value the
District provides.
A. Goal: “Maintain high customer satisfaction by
expanding and improving communications and providing
water services.”
Financial:
Provide enhanced value by directing and managing the
financial issues that are critical to the District.
A. Goal: “Improve financial information and systems.”
B. Goal: “Maintain District financial strength.”
Business Processes:
Improve business functionality by constantly reviewing and
maximize efficiency and effectiveness of all business
processes.
A. Goal: “Actively manage water supply as well as demand
and sewer services.”
B. Goal: “Identify and evaluate improvements to
enterprise and departmental business processes.”
Learning and Growth:
Provide the leadership, tools, and management commitment to
improve all business practices.
A. Goal: “Results-oriented workforce.”
B. Goal: “Flexible, lean and highly-skilled workforce.”
7
Next Steps
Individual meetings with the Management Team of each department are
underway. The General Manager and Assistant General Manager are very
involved in this process. Each team is meeting a minimum of four times
to develop customized objectives and measures that are in alignment
with the proposed key challenge and mission.
The entire Management Team is very active in making suggestions that
are in alignment with our strategy. Below are some examples of the ideas
that are being considered for inclusion:
Examples from Finance, Administration and IT
INVESTIGATION OF WEB BASED OR PORTAL BASED PURCHASING
METHODOLOGIES
FURTHER LEVERAGE CLOUD BASED ARCHITECTURES FOR SECURITY, AND
DISASTER RECOVERY
CHANGING PROCESS FOR DEVELOPERS TO INSTALL METERS
ANALYSIS OF REVENUES AND IMPACTS OF THE SEWER SYSTEM REALIGNMENT
OR CONSOLIDATION
SECURITY SYSTEM UPGRADES AND CONSOLIDATION
STREAMLINING COMMUNICATIONS TO CUSTOMERS – WEB BASED, SOCIAL
MEDIA, MOBILE
EVALUATE CITIZEN SERVICES THROUGH EDEN – ONLINE SUBMITTALS
CALL CENTER INTEGRATION AMONG DEPARTMENTS
EXPLORING ADDITIONAL USES OF THE AUTOMATED DIALER FOR CUSTOMER
CONTACT
EXPANDING EMAIL OR RELATED COMMUNICATIONS SERVICES
REDUCING HEADCOUNT BY REVIEW OF ATTRITION RELATED VACANCIES
MODIFICATION OF RESERVE ACCOUNTING
EXPLORATION OF NEW BILLING SYSTEMS
HAVE DEVELOPERS DO NEW METER SETS
ENSURE FULL COST RECOVERY OF SERVICES PROVIDED
8
Examples from Engineering and Operations
DEVELOPMENT OF PLAN VERSUS ACTUAL TIME ALLOCATION PER TASK
MEASUREMENT OF UNIT COSTING FOR ROUTINE PROCESSES
LEVERAGE SCADA AND WORK ORDER SYSTEM – PROCESS IMPROVEMENTS
SUPPORT OF THE DESALINATION PROJECT
NEGOTIATIONS WITH PARTNER CITIES FOR BETTER AGREEMENTS
ADDITIONAL USE OF ASSET MANAGEMENT
RECAPTURE COSTS WHEN SURVEY IS REQUIRED TO CHANGE EASEMENTS
RECOVER COST OF DIG ALERTS FROM ROUTINE TRAFFIC ACCIDENTS
EVALUATION OF COST BENEFIT OF LEAK REDUCTION HARDWARE
ANALYSIS OF SEWER BUSINESS
NORTH – SOUTH INTERCONNECT
STREAMLINE RFP PROCESS (COMBINE PLAN, DESIGN, BUILD BIDS)
EVALUATE BIM (BUILDING INFORMATION MANAGEMENT) FOR PIPELINES
EVALUATE COST RECOVERY FOR CERTAIN TYPES OF MARK OUT
EVALUATE COST RECOVERY FOR ENCROACHMENT PERMITS
The above, along with many other ideas, are on the table and being
evaluated. The emphasis, where possible, will be to develop specific
objectives and performance measures that can provide a quantifiable
proof of improvement. Measurements always require a subtle approach,
and it will take time to finalize and test the proposed new measures.
The intent of the plan, however, is clear in that staff desires to find
ways to achieve and demonstrate how this District is being run
efficiently and effectively for our customers and in alignment with the
General Manager’s and the Board’s direction.
STRATEGIC GOAL:
These items are in support of the updating the District’s Strategic
Plan.
LEGAL IMPACT:
None.
Attachments: Attachment A – Committee Action
ATTACHMENT A
SUBJECT/PROJECT:
STATUS UPDATE ON 2015 – 2017 DISTRICT STRATEGIC PLAN
COMMITTEE ACTION:
The Finance, Administration and Communications Committee reviewed this
item at a meeting held on February 19, 2014. The Engineering,
Operations and Water Resources Committee reviewed this item at a
meeting held on February 18, 2014.
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.