HomeMy WebLinkAbout07-23-24 F&A Committee Packet1
OTAY WATER DISTRICT
FINANCE AND ADMINISTRATION
COMMITTEE MEETING
and
SPECIAL MEETING OF THE BOARD OF DIRECTORS
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY, CALIFORNIA
BOARDROOM
TUESDAY
JULY 23, 2024
1:00 P.M.
This is a District Committee meeting. This meeting is being posted as a special meeting
in order to comply with the Brown Act (Government Code Section §54954.2) in the event that
a quorum of the Board is present. Items will be deliberated, however, no formal board actions
will be taken at this meeting. The committee makes recommendations
to the full board for its consideration and formal action.
AGENDA
1.ROLL CALL
2.PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD’S
JURISDICTION INCLUDING AN ITEM ON TODAY’S AGENDA
DISCUSSION ITEMS
3.ADOPT RESOLUTION NO. 4443 TO CONTINUE WATER AND SEWER
AVAILABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL YEAR
2024-2025 TO BE COLLECTED THROUGH PROPERTY TAX BILLS (ANDREA
CAREY) [5 minutes]
4.ADOPT ORDINANCE NO. 593 TO APPROVE THE PROPOSED CHANGES TO
SECTION 23, NON-RESPONSIBILITY OF DISTRICT, AND SECTION 38,
SERVICE FOR FIRE PROTECTION SYSTEMS (ANDREA CAREY) [5 minutes]
5.AUTHORIZE AN ADDENDUM TO AMEND THE SCOPE OF SERVICES, LENGTH
OF TIME, AND TOTAL COMPENSATION FOR THE CONSULTING SERVICES
AGREEMENT BY AND BETWEEN THE OTAY WATER DISTRICT AND BURKE,
WILLIAMS & SORENSEN, LLP IN AN AMOUNT NOT-TO-EXCEED $115,000
(SUZIE LAWSON) [5 MINUTES]
6.ADJOURNMENT
2
BOARD MEMBERS ATTENDING:
Tim Smith, Chair
Jose Lopez
All items appearing on this agenda, whether or not expressly listed for action, may be de-
liberated and may be subject to action by the Board.
The agenda, and any attachments containing written information, are available at the Dis-
trict’s website at www.otaywater.gov. Written changes to any items to be considered at the
open meeting, or to any attachments, will be posted on the District’s website. Copies of the
agenda and attachments are also available by contacting the District Secretary at (619)
670-2253.
If you have any disability which would require accommodations to enable you to participate
in this meeting, please call the District Secretary at 670-2253 at least 24 hours prior to the
meeting.
Certification of Posting
I certify that on July 19, 2024, I posted a copy of the foregoing agenda near the reg-
ular meeting place of the Board of Directors of Otay Water District, said time being at least
24 hours in advance of the meeting of the Board of Directors (Government Code Section
§54954.2).
Executed at Spring Valley, California on July 19, 2024.
/s/ Tita Ramos-Krogman, District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: August 7, 2024
SUBMITTED BY: Andrea Carey,
Customer Service Manager
PROJECT: DIV. NO. All
APPROVED BY: Kevin Koeppen, Assistant Chief of Finance
Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Adopt Resolution No. 4443 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2024-2025 to be Collected Through Property Tax Bills
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Resolution No. 4443 to continue water and sewer
availability charges for District customers for fiscal year 2024-2025
to be collected through property tax bills.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
That the Board consider the adoption of Resolution No. 4443 to
continue water and sewer availability charges for District customers
for fiscal year 2024-2025 to be collected through property tax bills.
ANALYSIS:
The District levies availability charges each year on property in
both developed and undeveloped areas. State Water Code Section 71630-
71637 authorizes the District to assess such availability charges. To
place these charges on the tax roll, the County of San Diego (the
AGENDA ITEM 3
2
County) requires the District to provide a resolution authorizing the
charges. In late July of each year, the District provides a
resolution along with the listing of charges by parcel to the
County’s property tax services department.
For a parcel to be assessed a sewer availability charge, it must be
annexed into the District’s sewer Improvement District No. 18. Sewer
availability charges are either a fixed fee of $10 for parcels one
acre or less or $30 per acre for parcels greater than one acre.
Unlike sewer, water availability charges are assessed on all parcels
within the District’s boundaries and do not require annexation into
an improvement district. For most parcels, water availability charges
are the same as those shown for sewer availability above; however,
there are some exceptions. Parcels greater than one mile from a
District pipeline, identified as an agricultural preserve, in a
floodplain, or have a 30% slope are charged $3 per acre. Parcels
identified as open space are charged 50% of the normal assessment
fees ($5 for those one acre or less or $15 per acre for those greater
than an acre).
Current legislation provides that any amount up to $10 per parcel
(one acre or less) is for general use and any amount over $10 per
parcel ($30 per acre for parcels over one acre) is restricted, to be
expended in and for that improvement district. The District uses
amounts over $10 per parcel to develop water and sewer systems within
the Improvement Districts where the funds are collected. In
accordance with legislation, the District places amounts up to $10
per parcel in the General Fund.
FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer
The availability charges, as budgeted, will generate approximately
$1.2 million in revenue.
STRATEGIC GOAL:
This revenue source will help the District meet its fiscal
responsibility to its ratepayers.
LEGAL IMPACT:
None.
Attachments:
Attachment A – Committee Action
Attachment B – Resolution No. 4443
ATTACHMENT A
SUBJECT/PROJECT:
Adopt Resolution No. 4443 to Continue Water and Sewer
Availability Charges for District Customers for Fiscal Year
2024-2025 to be Collected Through Property Tax Bills
COMMITTEE ACTION:
1
RESOLUTION NO. 4443
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
OTAY WATER DISTRICT CONTINUING PREVIOUSLY
ESTABLISHED WATER AND SEWER AVAILABILITY
CHARGES FOR FISCAL YEAR 2024-2025; REQUESTING
THE COUNTY TO COLLECT SUCH AVAILABILITY
CHARGES ON THE 2024-2025 SECURED TAX ROLL AND
TAKING OTHER RELATED ACTIONS
WHEREAS, the Otay Water District (herein "District") is a
member of the San Diego County Water Authority and the
Metropolitan Water District of Southern California and, as a
member, the District is entitled to purchase water for
distribution within the District and water so purchased is
available to property in the District that is also within the San
Diego County Water Authority and the Metropolitan Water District
of Southern California, without further need for annexation to any
agency; and
WHEREAS, Improvement District No. 18 has been formed within
the Otay Water District (herein "District") and sanitary sewers
have been constructed and sewer service is available to land
within the said District; and
WHEREAS, in consideration of the benefit that water
availability confers upon property within the District, and in
further consideration of the need for revenue to pay the cost of
water storage and transmission facilities which directly and
specifically benefit property within the District, the District
has previously determined that water availability charges be fixed
and established under applicable provisions of law; and
Attachment B
2
WHEREAS, in consideration of the benefit which sewer
availability confers upon property within Improvement District No.
18, and in further consideration of the need to pay the cost of
sanitary sewers which directly and specifically benefit those
properties, the District has previously determined that sewer
availability charges be fixed and established for Improvement
District No. 18 as provided under applicable provisions of law;
and
WHEREAS, the District desires to continue the collection of
such water and sewer availability charges without increases or
revisions in methodology or application.
NOW, THEREFORE, the Board of Directors of the Otay Water
District resolves, determines and orders as follows:
1. SCHEDULE OF WATER CHARGES
(A) The water availability charges previously fixed and
established are hereby continued for Fiscal Year 2024-2025 at the
existing rates, as follows:
(1) In Improvement District No. 22 the charge shall be
$30.00 per acre of land and $10.00 per parcel of land
less than one acre.
(2) For land located outside an improvement district and
within one mile of a District water line, the charge
shall be $10.00 per acre of land and $10.00 for each
parcel less than one acre.
(3) For land located outside an improvement district and
greater than one mile from District facilities, the
3
charge shall be $3.00 per acre of land and $3.00 for
each parcel less than one acre.
(B) Modifications The charges provided for in subparagraphs
(1) through (3) in (A) above shall be modified upon petition by
the property owner where the property does not receive water from
the District as follows:
(1) where a parcel of land or a portion thereof is within
an open space easement approved by San Diego County,
the charge for such parcel or portion thereof shall
be fifty percent (50%) of the charge determined
pursuant to paragraph (A), provided the owner files
with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
is within such a designated permanent open space
area;
(2) where a parcel of land or portion thereof is in an
agricultural reserve under a Land Conservation
Contract with the County of San Diego, pursuant to
the Land Conservation Act of 1965 as amended, the
charge for such parcel shall be $3.00 per acre,
provided the owner files with the District proof,
satisfactory to the District, that said parcel of
land or portion thereof is within such an
agricultural preserve;
(3) where a parcel of land or a portion thereof is within
an area designated as a floodplain by the County of
San Diego, the charge for such a parcel or portion
4
thereof shall be $3.00 per acre, provided the owner
files with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
is within such designated floodplain; and
(4) where a parcel of land or portion thereof exceeds a
30% slope, and where such is not within a legal
subdivision, lot-split or planned residential
development, the charge for the slope portion shall
be $3.00 per acre, or if such a parcel is less than
one acre and more than one-half of the area exceeds
30% slope, $3.00 for the parcel, provided the owner
files with the District proof, satisfactory to the
District, that said parcel of land or portion thereof
meets or exceeds the slope.
(C) Exceptions The charges provided for in (A) and (B)
above shall not apply, upon petition by the property owner, to the
following:
(1) land located within an area designated as a floodway
by the County of San Diego;
(2) land designated as a vernal pool area by a govern-
mental agency authorized to make such a designation
and which designation prohibits use of such area for
any purpose;
(3) land owned by non-profit, tax-exempt conservation
organizations specializing in identifying and
protecting the natural habitat of rare species; or
5
(4) land that is located within the boundaries of the
Otay Water District but not within the boundaries of
the Metropolitan Water District of Southern
California and the San Diego County Water Authority.
2. SCHEDULE OF SEWER CHARGES
(A) Sewer standby assessment or availability charges are
hereby fixed and established for Fiscal Year 2024-2025 as follows:
(1) In Improvement District No. 18 the charges shall be
$30.00 per acre of land and $10.00 per parcel of land
less than one acre. The preceding charges shall not
apply, upon petition by the property owner, to the
following:
(a) any portion of a parcel which is undeveloped
and maintained in its natural state within an
Open Space Area as a requirement under the San
Diego County General Plan, provided the owner
of such parcel files proof, satisfactory to
the District, of such designed Open Space
Area;
(b) any portion of a parcel located within an area
designated by the County of San Diego as a
floodway or floodplain; or
(c) any portion of a parcel of land which exceeds
a slope of 30% and which is not within a legal
subdivision, lot split or planned lot split or
planned residential development.
6
3. DEFERRALS
(A) Deferral of Charge, Purpose Situations may arise when
an owner of a parcel of land does not use and has no present
intention of using water and/or sewer provided by the District on
a parcel of land, as defined in Section 4. The purpose of this
section is to permit an evaluation by the District, on a case-by-
case basis, of the circumstances which pertain to such situations
to determine whether a deferral of charges should be approved
according to the terms and conditions herein provided.
Any owner of a parcel of land who believes that the amount of
the water and/or sewer availability charges fixed against such
parcel should be deferred may file an application with the
District for deferral of the charge, as follows:
(1) Application The application shall include a
statement describing the circumstances and factual
elements which support the request for deferral.
(2) The General Manager shall consider the request within
sixty (60) days after the filing of a completed
application. If the application for deferral meets
the established criteria, the General Manager may
decide whether to approve the request and order the
charge deferred accordingly. If the request is
denied, the applicant shall be notified in writing
stating the reasons for the denial.
(B) Appeal to Board of Directors If the General Manager
denies a request, the owner may file an appeal with the Board of
Directors within sixty (60) days after such denial. No new
7
application for deferral need be considered by the General Manager
until expiration of twelve (12) months from the date of a denial,
unless differently directed by the Board of Directors.
(C) Deferred Charges on Restricted Parcels, Criteria The
levy of the charge may be deferred annually as to any parcel of
land which meets each of the following criteria:
(1) The owner of such parcel makes a timely application
requesting deferral of the charge.
(2) The parcel, which is the subject of the request, will
become subject to enforceable restrictions which
prohibits the connection to the District sewer system
or use of water on the parcel, except by means of
natural precipitation or runoff; provided, however,
if considered appropriate by the General Manager,
local water may be used for limited domestic stock
watering and irrigation uses.
(3) The owner executed a recordable agreement which
includes provisions that:
(a) set forth the enforceable restrictions
pertinent to the subject parcel;
(b) the agreement may be terminated upon written
request by the owner and payment of all
deferred water and/or sewer availability
charges, plus interest thereon, compounded
annually, and accruing at the legal rate from
the date such charges would have been
otherwise due and payable;
8
(c) no water and/or sewer service from the
District shall be provided to such parcel for
a period of ten (10) years after the total
amount due for the charges deferred, plus
annually compounded interest, is paid in full
to the District, unless a surcharge penalty as
described below is paid to the District prior
to connection of any water and/or sewer
service;
(d) if the surcharge is not paid, during the ten
(10) year period, while water and/or sewer
service is not available to the subject land,
the owner shall pay all annual water or
availability charges as fixed; and
(e) contains such other provisions considered by
the General Manager to be appropriate.
(D) Surcharge Upon termination of the deferral agreement,
an owner may elect to receive water and/or sewer service prior to
the expiration of the ten (10) year penalty period upon payment of
a surcharge. The surcharge shall be equal to the amount of the
annual water and/or sewer availability charges fixed for the
parcel(s) of land in the year of election to receive water and/or
sewer service multiplied by the number of years remaining of the
ten (10) year penalty period. This surcharge shall also apply if
a property owner develops a parcel that is subject to a deferral
agreement without termination of said agreement.
9
(E) Enforcement Procedures In order to insure that terms
and conditions of the recordable agreement are being met, the
General Manager shall:
(1) Maintain a record of all parcels approved for
deferral of the water assessments or availability
charges.
(2) Report to the Board of Directors any instances where
the terms of the agreement are being violated.
(3) Take such other actions or procedures considered
appropriate.
4. DEFINITION OF PARCEL The term "parcel" as used herein shall
mean a parcel of land as shown on the assessment rolls of the
County Assessor of San Diego County as of March, 2024.
5. NOTICE AND REQUEST TO THE BOARD OF SUPERVISORS AND AUDITOR
As provided in Sections 71634 to 71637, on or before the third
Monday in August, 2024, the Secretary of this District shall
furnish, in writing to the Board of Supervisors of San Diego
County and to the County Auditor, a description of the land within
the District upon which availability charges are to be levied and
collected for Fiscal Year 2024-2025 together with the amount of
the assessments or charges. At the time and in the manner
required by law for the levying of taxes for county purposes, the
Board of Supervisors of San Diego County shall levy, in addition
to taxes it levies, water and/or sewer availability charges in the
amounts fixed by this Resolution for the respective parcels of
land described in Section 1 of this Resolution. All county
officers charged with the duty of collecting taxes shall collect
10
the charges with the regular property tax payments in the same
form and manner as county taxes are collected. Such availability
charges are a lien on the property with respect to which they are
fixed. Collection of the charges may be enforced by the same
means as provided for the enforcement of liens for state and
county taxes.
6. CERTIFICATION TO COUNTY BOARD OF SUPERVISORS The District
certifies that this Resolution complies with the provisions of
Article XIIID of the California Constitution in that the
availability charges are existing charges first set by the Board
of Directors of the District prior to November 6, 1996. At the
time the availability charges were initially established, the
District followed the applicable provisions of law then in effect,
and the District has continued to comply with such provisions,
including any requirements for notices or hearings, as from time
to time in effect. Therefore, pursuant to Section 71632 and
Section 71638 of the California Water Code, as currently in
effect, the District may continue the availability charges in
successive years at the same rate. The District further certifies
that the charge is not increased hereby and the methodology for
the rate is the same as in previous years. The charge is imposed
exclusively to finance the capital costs, maintenance, and
operating expenses of the water or sewer system of the District,
as applicable.
7. CERTIFIED COPIES The Secretary of this District shall
deliver certified copies of this Resolution to the Board of
11
Supervisors and to the Auditor of San Diego County with the list
of charges described in Section 4 above.
8. CORRECTIONS; OTHER ACTIONS The General Manager of the
District is hereby authorized to correct any clerical error made
in any assessment or charge pursuant to this Resolution and to
make an appropriate adjustment in any assessment or charge made in
error. Furthermore, the General Manager and the Secretary of this
District are hereby directed to take any further actions and
deliver such documents and certificates as necessary to carry out
the purpose of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Otay Water District at a regular meeting duly held this 7th day of
August, 2024.
Ayes:
Noes:
Abstain:
Absent:
President
ATTEST:
Secretary
12
I HEREBY CERTIFY that the foregoing Resolution No. 4443 was duly
adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a
regular meeting thereof held on the 7th day of August, 2024 by the
following vote:
Ayes:
Noes:
Abstain:
Absent:
District Secretary
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: August 7, 2024
SUBMITTED BY: Andrea Carey, Customer
Service Manager
PROJECT: DIV. NO. All
APPROVED BY: Joseph R. Beachem, Chief Financial Officer
Jose Martinez, General Manager
SUBJECT: Adopt Ordinance No. 593 to Approve the Proposed Changes to
Section 23, Non-Responsibility of District, and Section 38,
Service for Fire Protection Systems
GENERAL MANAGER’S RECOMMENDATION:
That the Board adopt Ordinance No. 593 to approve the proposed
changes to Section 23, Non-Responsibility of District, and Section
38, Service for Fire Protection Systems.
COMMITTEE ACTION:
See Attachment A.
PURPOSE:
To present to the Board, for consideration, proposed changes to
Section 23 and Section 38 and request the Board approve these changes
by adopting Ordinance No. 593.
BACKGROUND:
In order to protect the public water supply, the State of California
established regulations to prevent backflow incidents into public
water systems. Previously, the Department of Public Health’s
California Administrative Code, Title 17, provided a framework for
agencies to establish regulations related to cross-connection control
and backflow protection. In 2017, Assembly Bill 1671 was signed into
law and mandated the State Water Resources Control Board (SWRCB) to
adopt standards for backflow protection and cross-connection control.
On December 19, 2023, the SWRCB adopted the Cross-Connection Control
Policy Handbook (CCCPH). The CCCPH went into effect on July 1, 2024,
and, as a result, the Title 17 cross-connection control standards
will be repealed on October 1, 2024.
AGENDA ITEM 4
In response to the new regulations, staff is recommending changes to
Sections 23 and 38 of the District’s Code of Ordinances to ensure the
District is in compliance with the regulations set forth in the
CCCPH. Additionally, minor changes to both sections are being
requested to reflect current products and practices.
ANALYSIS:
Section 23
Section 23, Non-Responsibility of District, details the District’s
cross-connection program and includes multiple references to Title
17.Staff is recommending updating these references to the CCCPH. In
addition, staff recommends adding another type of protection as
outlined in the CCCPH. A double check valve backflow prevention
assembly will now be allowed in very limited circumstances, such as
single-family residential homes with fire protection.
Unrelated to the CCCPH, the District is moving to a new backflow
tracking software system, which will be entirely online. Therefore,
staff is also recommending changes that reflect electronic test
submissions and updates to the testing schedule.
Section 38
Section 38, Service for Fire Protection Systems, outlines the rules
and regulations for commercial and industrial properties, as well as
multi-family and single-family residential properties with internal
fire protection systems. The CCCPH has expanded backflow regulations
for single-family residential properties with fire protection
systems. Prior to the adoption of the CCCPH, there was no requirement
for backflow protection at these homes. As currently written, the
CCCPH requires single-family residential properties to have an above-
grade double check valve backflow prevention assembly unless all of
the following criteria are met:
1)The user premises has only one service connection to the PWS;
2)A single service line onto the user premises exists that
subsequently splits on the property for domestic flow and fire
protection system flow, such that the fire protection system may
be isolated from the rest of the user premises;
3)A single, water industry standard, water meter is provided to
measure combined domestic flow and fire protection system flow;
4)The fire protection system is constructed of piping materials
certified as meeting NSF/ANSI Standard 61; and
5)The fire protection system’s piping is looped within the
structure and is connected to one or more routinely used
fixtures (such as a water closet) to prevent stagnant water.
In response to this requirement, staff recommends including this
language in Section 38. This will ensure all new developments either
include the five elements above or a backflow prevention assembly.
Over the past several months, the District’s public services division
has been communicating these new requirements to the developer
community to ensure home builders are aware of what is required on
new developments.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
While there is little financial impact to the District directly from
the recommended section updates, the adoption of the CCCPH will
result in additional oversight and expansion of the District’s
backflow prevention program. The code changes to Section 38 provide
clarity to the home builders, so that they can plan for and finance
the cost of abiding by the new requirements.
STRATEGIC GOAL:
These updates support the District’s Strategic Plan Objective,
Potable Water Compliance Rate, which aims to ensure that 100% of all
health-related drinking water standards are met quarterly and
annually.
LEGAL IMPACT:
None.
Attachments:
A)Committee Action
B)Ordinance No. 593
Exhibit 1 – Section No. 23 Strike-through
Exhibit 2 – Section No. 38 Strike-through
C)Section No. 23 Proposed
D)Section No. 38 Proposed
ATTACHMENT A
SUBJECT/PROJECT: Adopt Ordinance No. 593 to Approve the Proposed Changes to
Section 23, Non-Responsibility of District, and Section 38,
Service for Fire Protection Systems
COMMITTEE ACTION:
1
ORDINANCE NO. 593
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE OTAY WATER DISTRICT
AMENDING SECTION 23, NON-RESPONSIBILITY OF DISTRICT, AND
SECTION 38, SERVICE FOR FIRE PROTECTION SYSTEMS
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 23, Non-
Responsibility of District, and Section 38, Service for Fire
Protection Systems be amended as per Exhibit 1 and Exhibit 2 to
this ordinance.
NOW, THEREFORE, BE IT RESOLVED that the new proposed
Section 23, Non-Responsibility of District (Attachment C) and
Section 38, Service for Fire Protection Systems (Attachment D)
of the Code of Ordinances shall become effective August 7, 2024.
PASSED, APPROVED AND ADOPTED by the Board of Directors of
the Otay Water District at a regular meeting duly held this 7th
day of August 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
President
ATTEST:
__________________________
District Secretary
Attachment B
23-1
SECTION 23 NON-RESPONSIBILITY OF DISTRICT
23.01 INTERRUPTIONS OF WATER SERVICE
District does not guarantee continuous delivery of water
on demand. From time to time it may be necessary for the
District to shut off the flow of water in any of its water
systems. Except in emergencies, such stoppages will not be
made without prior notice to the customers involved. District
shall not assume any responsibility for loss or damages which
may occur due to interruption of water service.
23.02 PRIVATELY-OWNED WATER LINES
The District assumes no responsibility for the delivery
of water through privately-owned pipelines or systems, nor
shall it assume any responsibility for damages resulting from
the operation of any such system even though water may be
received from a district water distribution system.
23.03 WATER PRESSURE REGULATION
A.Customer Responsibility. The District shall
assume no responsibility for water pressure
regulation within a customer's service area. The
customer shall be responsible for providing adequate
safeguard measures for the customer's water system
wherever pressure regulation is necessary.
B.Requirement for Installation in New Construction.
Customers making application for water service for
new construction for residential, commercial or
industrial use shall be required to install an
appropriate pressure regulation device for such
service.
23.04 CROSS-CONNECTIONS AND BACKFLOW DEVICES
State Regulations for Cross-Connections
The California State Water Resources Control
BoardDepartment of Public Health has issued rRegulations
rRelatinged to cCross-cConnections, outlined in the Cross-
Connection Control Policy Handbook, (California
Administrative Code, Title 17 - Public Health) for the purpose
of safeguarding drinking water supplies by preventing backflow
into public water systems.
It is unlawful for any person, firm, or corporation at
any time to make or maintain, or cause to be made or main-
tained, temporarily or permanently, for any period of time
whatsoever, any cross-connection between plumbing pipes or
water fixtures being served with water by the District water
EXHIBIT 1
23-2
department and any other source of water supply; or to main-
tain any sanitary fixtures or other appurtenances or fixtures
which, by reason of their construction, may cause or allow
back-flow of water or other substances into the water supply
system of the District and/or the service of water pipes or
fixtures of any consumer of the District.
A.Definitions: For a complete listing, see the
California State Water Resources Control Board’s
Cross-Connection Control Policy Handbook.
Administrative Code, Title 17, Public Health.
1.Air-Gap Separation (AG): The term "air-gap
separation" means a physical break between a supply
pipe and a receiving vessel. The air-gap shall be
at least double the diameter of the supply pipe
measured vertically above the top rim of the vessel,
in no case less than one inch.
2.Approved Backflow Prevention Device: The term
"approved backflow prevention device" shall mean
devices which have passed laboratory and field
evaluation tests performed by a recognized testing
organization which has demonstrated their competency
to perform such test to the California Department of
Health Services and the Otay Water District.
3.AWWA Standard: The term "AWWA Standard" means an
official standard developed and approved by the
American Water Works Association (AWWA).
4.Backflow: The term "backflow" shall mean a flow
condition, caused by a differential in pressure that
causes the flow of water or other liquids, gases,
mixtures or substances into the distributing pipes
of a potable supply of water from any source or
sources other than an approved water supply source.
Back-siphonage is one cause of backflow. Back
pressure is the other cause.
5.Cross-Connection: The term "cross-connection" as
used in this Ordinance means any unprotected actual
or potential connection between a potable water
system used to supply water for drinking purposes
and any source or system containing unapproved water
or a substance that is not or cannot be approved as
safe, wholesome, and potable. Bypass arrangements,
jumper connections, removable sections, swivel or
changeover devices, or other devices through which
backflow could occur, shall be considered to be
cross-connections.
23-3
6.Double Check Valve Assembly: The term "double check
valve assembly" means an assembly of at least two
independently acting check valves, including tightly
closing shut-off valves, on each side of the check
valve assembly and test cocks available for testing
the water tightness of each check valve.
7.Reduced Pressure Principle Backflow Prevention
Device (RP): The term "reduced pressure principle
backflow prevention device" means a device
incorporating two or more check valves and an
automatically operating differential relief valve
located between the two check valves, a tightly
closing shut-off valve on each side of the check
valve assembly, and equipped with necessary test
cocks for testing.
8.Reduced Pressure Detection Assembly (RPDA): Same as
RP except as approved for fire services.
9.Service Connection: The term "service connection"
refers to the point of connection of a user's piping
to the Otay Water District facilities.
B.General Provisions
1.Unprotected cross-connections with the public
water supply are prohibited.
2.Whenever backflow protection has been found
necessary, the District will require the water
user to install an approved backflow prevention
device, by and at his/her expense, for continued
services or before a new service will be granted.
3.Wherever backflow protection has been found
necessary on a water supply line entering a water
user's premises, then any and all water supply
lines from the District's mains entering such
premises, buildings, or structures shall be
protected by an approved backflow prevention
device. The type of device to be installed will
be in accordance with the requirements of this
Ordinance.
C.Where Protection is Required
23-4
1.Each service connection from the District water
system for supplying water to premises having an
auxiliary water supply shall be protected against
backflow of water from the premises into the
public water system.
2.Each service connection from the District water
system for supplying water to any premises on
which any substance is handled in such fashion as
may allow its entry into the water system shall
be protected against backflow of the water from
the premises into the public system. This
includes commercial accounts, fire service
accounts, irrigation accounts, multi-family
dwellings, multi-story buildings, complex piping,
and locations where the handling of process
waters and waters originating from the District
water system may be subjected to deterioration in
sanitary quality.
D.Type of Protection Required
1.The type of protection that shall be provided to
prevent backflow into the approved water supply
shall be commensurate to the degree of hazard
that exists on the consumer's premises. The type
of protective device that may be required (listed
in an increasing levels of protection) includes:
double check valve backflow prevention
assemblies, rReduced pPressure pPrinciple bBack-
flow pPrevention assembliesDevice (RP), and an
aAir-gap separation (AG). The water user may
choose a higher level of protection than that
required by the District. The minimum types of
backflow protection required to protect the
approved water supply at the user's water connec-
tion to premises with varying degrees of hazard,
are given in Table 1 of the California
Administrative Code, Title 17, Public
HealthAppendix D of the Cross-Connection Control
Policy Handbook. Situations which are not
covered in Table 1Appendix D shall be evaluated
on a case-by-case basis, and the appropriate
backflow protection shall be determined by the
District.
E.Approved Backflow Prevention Devices
23-5
1.Only lead-free backflow prevention devices
assemblies which have been approved by the
District shall be acceptable for installation by
a water user connected to the District's potable
water system.
2.The District will provide to any affected cus-
tomer, upon their request, a list of approved
backflow prevention devices.
F.Backflow Prevention Device Installation
1.Backflow prevention devices shall be installed in
a manner prescribed in Section 7603, Title 17 of
the California Administrative CodeArticle 3 of
the Cross-Connection Control Policy Handbook.
Location of the devices should be as close as
practical to the user's connection. The District
shall have the final authority in determining the
required location of a backflow prevention
device.
a.Air-gap Separation (AG) - The air-gap
separation shall be located on the user's
side of, and as close to, the service
connection as is practical. All piping
from the service connection to the
receiving tank shall be above grade and be
entirely visible. No water use shall be
provided from any point between the
service connection and the air-gap separa-
tion. The water inlet piping shall
terminate a distance of at least two (2)
pipe diameters of the supply inlet, but in
no case less than one inch above the
overflow rim of the receiving tank.
b.Reduced Pressure Principle Backflow
Prevention Device (RP) - The approved
reduced pressure principle backflow
prevention device shall be installed on
the user's side of the service connection
at a distance consistent with the
District's Standard Drawings and
Specifications. The device shall be
installed a minimum of twelve inches (12")
23-6
but not more than eighteen twenty-four
inches (1824") above grade, measured from
the bottom of the relief valve and with a
minimum of twelve inches (12") side
clearance, and twenty-four inches (24”) of
clearance on the side of the assembly
containing the test cocks. The device
shall be installed so that it is readily
accessible for maintenance and testing.
Water supplied from any point between the
service connection and the RP device shall
be protected in a manner approved by the
District. Additionally, materials and
installation shall at all times conform to
water agency standards which can be found
at www.sdwas.comorg.
G.Backflow Prevention Device Testing and Maintenance
1.The owners of any premises on which, or on
account of which, backflow prevention devices
are installed, shall have the devices tested by
a person who has demonstrated their competency
in testing of these devices to the District and
has been approved by the District. Backflow
prevention devices must be tested at least
annually and immediately after installation,
relocation, or repair. The District may require
a more frequent testing schedule if it is
determined to be necessary. No device shall be
placed back in service unless it is functioning
as required. A report testing result
submission, in a form acceptable to the
District, shall be filed with the Districtmade
each time a device is tested, relocated, or
repaired. These devices shall be serviced,
overhauled, or replaced whenever they are found
to be defective and all costs of testing,
repair, and maintenance shall be borne by the
water user.
2.Initial testing after installation and subse-
quent retesting shall at all times conform to
water agency standards as outlined in
www.sdwas.comorg.
23-7
3.The District will supply affected water users
with a list of persons acceptable to the
District to test backflow prevention devices.
The District will notify affected customers by
mail when annual testing of a device is needed
and will also supply users with the necessary
forms which must be filled outtesting
information to be submitted each time a device
is tested or repaired.
4.Existing double check valves and pressure vacuum
breakers on median strip irrigation areas which
function adequately may remain in place,
however, as the District no longer recognizes
such devices to be commensurate with the degree
of potential hazard, failures of these devices
will necessitate their replacement with a
reduced pressure principal backflow prevention
device (RP).
H.Backflow Prevention Device Removal
1.Written approval must be obtained from the
District before a backflow prevention device is
removed, relocated, repaired or replaced.
a.Removal: The use of a device may be
discontinued and device removed from
service upon presentation of sufficient
evidence to the District to verify that a
hazard no longer exists or is not likely
to be created in the future.
b.Relocation: A device may be relocated
following confirmation by the District
that the relocation will continue to
provide the required protection and
satisfy installation requirements. A
retest will be required following the
relocation of the device.
c.Repair: A device may be removed for
repair, provided the water use is either
discontinued until repair is completed and
the device is returned to service, or the
service connection is equipped with other
backflow protection approved by the
23-8
District. A retest will be required
following the repair of the device.
d.Replacement: A device may be removed and
replaced provided the water use is
discontinued until the replacement device
is installed and tested. All replacement
devices must be approved by the District
and must be commensurate with the degree
of hazard involved.
I.User Supervisor
1.At each premise where it is necessary, in the
opinion of the District, a user supervisor shall
be designated by and at the expense of the water
user. This user supervisor shall be responsible
for the monitoring of the backflow prevention
devices and for avoidance of cross- connections.
In the event of contamination or pollution of
the drinking water system due to a cross-
connection on the premises, the District shall
be promptly notified by the user supervisor so
appropriate measures may be taken to overcome
the contamination. The water user shall inform
the District of the user supervisor's required
information on an annual basis or whenever a
change occurs.
J.Administrative Procedures
Water System Survey
1.The District shall review all requests for new
services to determine if backflow protection is
needed. Plans and specifications must be
submitted to the District upon request for
review of possible cross-connection hazards as a
condition of service for new service
connections. If it is determined that a
backflow prevention device is necessary to
protect the public water system, the required
device must be installed before service will be
activated.
23-9
2.The District may require an on premise
inspection to evaluate cross-connection hazards.
The District will transmit a written notice
requesting an inspection appointment to each
affected water user. Any customer who cannot or
will not allow an on premise inspection of their
piping system shall be required to install the
backflow prevention device the District
considers necessary.
3.The District may, at its discretion, require a
reinspection for cross-connection hazards of
any premise to which it serves water. The
District will transmit a written notice
requesting an inspection appointment to each
affected water user. Any customer who cannot
or will not allow an on premise inspection of
their piping system shall be required to
install the backflow prevention device the
District considers necessary.
K.Customer Notification - Device Installation and/or
Repair (Corrective Action)
1.The District will notify the water user of the
survey findings, listing corrective action to
be taken if required. A period of 30 days will
be given to complete all corrective action
required including installation of backflow
prevention devices.
2.A second notice will be sent to each water user
who does not take the required corrective
action prescribed in the first notice within
the 30 day period allowed. The second notice
will give the water user a 14 day period to
take the required corrective action and will
generate the assessment of a fee in accordance
with Appendix A. If no action is taken within
the 14 day period, the District may terminate
water service to the affected water user until
the required corrective actions are taken.
3.A third and final notice will be sent to each
water user who fails to take the requisite
corrective action detailed in the second notice
within the 14 day period allowed. The third
23-10
notice will indicate the date of service
termination and will generate the assessment of
a fee in accordance with Appendix A.
4.Only written verificationpassing test results
from a certified and District-approved
tester/installer received in the District
officeelectronically through the SwiftComply
tester’s portal within the allotted time period
will constitute compliance with the above
requirements.
L.Customer Notification - Testing
1.The District will notify each affected water
user when it is time for the backflow preven-
tion device installed on their service
connections to be tested. This written notice
shall give the water user 630 days to have the
device tested and will supply the water user
with the necessary form(s)testing information
to be completed and submittedused when
submitting testing results to the District.
2.A second notice shall be sent to each water
user who does not have their backflow preven-
tion device tested as prescribed in the first
notice within the 630- day period allowed. The
second notice will give the water user an
additional 14 days period to have their
backflow prevention device tested and will
generate the assessment of a fee in accordance
with Appendix A of this Ordinance. If no
action is taken within the 14 -day period, the
District may terminate water service to the
affected water user until the subject device is
tested.
3.A third and final notice will be sent to each
water user who fails to have their backflow
prevention device(s) tested as required in the
second notice within the 14- day period
allowed. The third notice will indicate the
date of service termination and will generate
23-11
the assessment of a fee in accordance with
Appendix A of this Ordinance.
4.Submittal of passing verification of testing
results by a District approved tester, through
the SwiftComply portal, on the appropriate
form(s) received in the District office within
the allotted time period will constitute
compliance with the above requirements.
M.Water Service Termination
A.General
When the District encounters water uses that rep-
resent a clear and immediate hazard to the potable
water supply that cannot be immediately abated, the
District shall institute the procedure for
discontinuing the District water service. A
reconnection fee will be assessed in accordance with
Appendix A.
B.Basis for Termination
Conditions or water uses that create a basis for
water service termination shall include, but are not
limited to the following items:
1.Refusal to install a required backflow pre-
vention device;
2.Refusal to test a backflow prevention device;
3.Refusal to repair a faulty backflow prevention
device;
4.Refusal to replace a faulty backflow prevention
device;
5.Direct or indirect connection between the
public water system and a sewer line;
6.Unprotected direct or indirect connection
between the public water system and a system or
equipment containing contaminants;
23-12
7.Unprotected direct or indirect connection
between the public water system and an auxil-
iary water system; and/or
8.Any situation which presents an immediate
health hazard to the public water system.
Additional remedies for failure to comply with cCross-
cConnection requirements are referenced in Section 72 of the
Code of Ordinances and may be prosecuted as set forth in
Section 73.01 of this Code.
N.Water Service Termination Procedures
The District has absolute discretion to determine
the corrective action required and referenced in
Sections 72 and 73 of this Code.
1.For conditions 1, 2, 3, or 4, the District will
terminate service to a customer's premise after
2 written notices have been sent specifying the
corrective action needed and the time period in
which it must be done. If no action is taken
within the allowed time period water service
may be terminated.
2.For conditions 4, 5, 6, 7, or 8, the District
will take the following steps:
a.Make reasonable effort to advise the water
user of intent to terminate water service;
b.Terminate water supply and lock service
valve. The water service will remain
inactive until correction of violations
has been approved by the District.
O.Requirements for addition to or renewal on the Otay
Water District list of approved backflow prevention
device testers
A.Each applicant desiring initial addition to or
annual renewal on the District’s List of
Approved Backflow Prevention Device Testers
shall submit a fee in accordance with Appendix
A.Fees must be made in an acceptable form of
payment to the District. Along with the fee, a
current address and phone number must be
23-13
furnished. Those applicants not meeting all
qualifications specified herein will have
current fees returned.
B.Applicants shall hold a valid and current
certification from the American Water Works
Association (AWWA) California Nevada Section,
American Backflow Prevention Association
(ABPA), American Society of Sanitary
Engineering (ASSE), University of Southern
California Test Procedures (current edition) or
from a certification program recognized by the
San Diego County Health Department. Evidence
of said certification shall be furnished to the
District at the time of application, at the
time of renewal, and at any time the District
requests verification. Certification alone
does not constitute District approval.
C.Each applicant shall furnish evidence to show
the availability of the necessary tools and
equipment to properly test and/or repair such
devices. Test kits shall be recalibrated
annually and evidence of this shall also be
provided with both the initial application and
subsequent renewals.
D.The tester shall be solely responsible for the
competency and accuracy of all tests and
reports prepared and submitted to the District.
The list of approved testers will be furnished
upon request to any District customer requiring
such service.
The testers listed will remain listed for a
period of one year at which time they are
subject to application for renewal. At the
beginning of each year a grace period not to
exceed ninety (90) days will be allowed for
this process. Failure to renew within the
grace period will constitute removal from the
list. The District reserves the authority to
revoke, suspend, or remove any tester from the
list of authorized testers for improper
conduct, testing, repairs, and/or reporting.
23-14
FEES
A.A second notice for required corrective action
will result in a service fee, per backflow
device as outlined in Appendix A.
B.A third notice (termination of service notice)
will result in a service fee per backflow
device followed by the assessment of a
reconnection fee if such action is required as
outlined in Appendix A.
C.A reconnection fee per service is required for
service to be resumed as outlined in Appendix
A.
D.Applicants for addition to the list of approved
backflow prevention device testers in the Otay
Water District will submit an initial filing
fee and an annual renewal fee, as outlined in
Appendix A.
23.05 WATER SERVICE FOR STEAM BOILERS
Customers using District water to supply steam boilers
are required to provide adequate storage of water for boiler
use for a minimum period of 12 hours.
23.06 ELECTRICAL GROUND CONNECTIONS
The connection of electrical ground wire to water pipes
is prohibited. The District shall assume no responsibility
for any loss or damage resulting from such a connection.
38-1
SECTION 38 SERVICE FOR FIRE PROTECTION SYSTEMS
38.01 SERVICE FOR COMMERCIAL OR INDUSTRIAL PURPOSES
The District will provide water service for fire pro-
tection systems for commercial or industrial developments
within the District. Such service shall be available only
in accordance with the rules and regulations provided in
this Code.
38.02 RULES AND REGULATIONS FOR FIRE HYDRANT AND/OR
FIRE SPRINKLER SERVICE FOR COMMERCIAL OR
INDUSTRIAL PURPOSES, OR MULTI-FAMILY RESIDENCES,
ON PRIVATE PROPERTY
A.All fire hydrant and/or fire sprinkler service
mains installed for commercial or industrial
purposes, or multi-family residences, on
privately-owned land shall be owned and
maintained by the land owner; except for fire
hydrants installed for developments where the
District has accepted an easement for such
service mains.
B.Where service is provided for fire hydrant or
fire sprinkler service on privately-owned land
under Paragraph A above, the service shall be
provided by the District at the property line of
the land to be served. The property owner or
developer shall be responsible to construct and
maintain the remainder of the facilities to pro-
vide fire protection to the property. Each such
facilities installation shall include a reduced
pressure principle detector backflow prevention
assembly (RPDA) backflow device installed in
accordance with District specifications, and
tested annually in accordance with Section
23.04.G. of this code. The RPDA device shall be
installed on the fire main located, and on the
customer side of the property line.
C.Water furnished for fire hydrant or fire sprin-
kler service shall be used only for fire protec-
tion purposes. Water service for domestic,
business, commercial or irrigation purposes, or
multi-family residences, shall be furnished only
after a meter or meters have been installed on
EXHIBIT 2
38-2
laterals connected to the District main in the
street pursuant to requirements of this Code.
D.Upon application for installation of one or more
fire service connections to an existing District
water main, the customer shall pay such charges
as shall be determined on the basis of actual
costs incurred by the District in performing the
work. At the time of application for the
installation, the District will estimate the
total costs to be incurred in performing the
work. The customer shall deposit the estimated
amount with the District prior to commencement
of the work. The work shall be performed by the
District under a District Water/Sewer Order. If
actual costs incurred by the District are less
than the amount deposited, the District shall
refund the balance of the deposit to the
customer. If the costs incurred exceed the
amount deposited, the customer shall reimburse
the District for the additional costs. Where
the fire service connection is to be made to a
water main to be constructed in a street by the
owner or developer, the costs for such
connection shall be covered under the standard
developer's agreement with the District for
installation of the water facilities for the
development project.
E.Water for fire protection services shall be pro-
vided in accordance with District fees and
charges set forth in Section 25.03 D.16.(c) of
this Code.
F.The District shall have no responsibility for
the proper function of the fire service system
or for the availability of water from its mains
for fire protection in the event of emergency.
While the District undertakes at all times to
have adequate supplies available in its system
for ordinary uses, it is not a guarantor of
continual service in quantities adequate for all
purposes however, and each customer shall
specifically agree that as a condition of the
fire service connection contracted for that the
District shall incur no liability or be subject
to any damages resulting from a failure or
38-3
malfunctioning of the fire sprinkler lateral or
fire sprinkler system or from a lack of water in
adequate quantity or pressure to make it fully
effective.
38.03 SERVICES FOR INDIVIDUALLY METERED RESIDENTIAL
FIRE PROTECTION
When a single-family residential water meter is
required to provide standby capacity for a fire
sprinkler system, the capacity charge may be
determined according to the size of the meter
necessary to meet the water use requirements for
the property. Additional capacity fees for
upsizing the single-family residential meter to
meet fire flow requirements will be waived.
Standby capacity to provide water for a fire
sprinkler system is required when (1) the fire
sprinkler system is required by law, including
any requirement imposed as a condition of
development, permit, or occupancy, and (2) the
fire chief, fire marshal, or building official
of the city, county, or special district
responsible for fire protection service to the
property has a requirement for additional meter
size due to fire protection. The determination,
under this section, shall be made at the time
the meter is first obtained, or at the time a
meter is replaced with one of greater size due
to the later installation of a fire protection
system.
When a separate meter is required, water for
fire protection services shall be provided in
accordance with District fees and charges set
forth in Section 25.03 D.16.(c) of this Code.
38.04 FIRE SPRINKLER SERVICE FOR COMBINED MULTI &
SINGLE FAMILY SITES
A.Master metered residential sites that contain
both multi-family and single-family units, as
designated by the fire department with
jurisdiction, shall design and install the
multi-family portion of the project in
accordance with Section 38.02 (A through F).
Portions of the site designated as single-family
38-4
shall design and install fire sprinklers as
required by the fire agency with jurisdiction.
The District encourages the use of passive purge
design in single-family home construction.The
District requires all single-family residential
homes to abide by the rules set forth in Section
38.05.
38.05 RULES AND REGULATIONS FOR SINGLE-FAMILY
RESIDENTIAL PROPERTIES WITH FIRE PROTECTION
SYSTEMS
A.The District requires single-family residential
homes with fire sprinklers to include an above-
grade double check valve backflow prevention
assembly all the following criteria are met:
1.The user premises has only one service
connection to the PWS;
2.A single service line onto the user premises
exists that subsequently splits on the property
for domestic flow and fire protection system
flow, such that the fire protection system may
be isolated from the rest of the user premises;
3.A single, water industry standard, water
meter is provided to measure combined domestic
flow and fire protection system flow;
4.The fire protection system is constructed of
piping materials certified as meeting NSF/ANSI
Standard 61; and
5.The fire protection system’s piping is looped
within the structure and is connected to one or
more routinely used fixtures (such as a water
closet) to prevent stagnant water.
B.The District highly encourages the use of a
passive purge system, as described in section
38.05, for all new single-family residential
sites.
23-1
SECTION 23 NON-RESPONSIBILITY OF DISTRICT
23.01 INTERRUPTIONS OF WATER SERVICE
District does not guarantee continuous delivery of water
on demand. From time to time it may be necessary for the
District to shut off the flow of water in any of its water
systems. Except in emergencies, such stoppages will not be
made without prior notice to the customers involved. District
shall not assume any responsibility for loss or damages which
may occur due to interruption of water service.
23.02 PRIVATELY-OWNED WATER LINES
The District assumes no responsibility for the delivery
of water through privately-owned pipelines or systems, nor
shall it assume any responsibility for damages resulting from
the operation of any such system even though water may be
received from a district water distribution system.
23.03 WATER PRESSURE REGULATION
A.Customer Responsibility. The District shall
assume no responsibility for water pressure
regulation within a customer's service area. The
customer shall be responsible for providing adequate
safeguard measures for the customer's water system
wherever pressure regulation is necessary.
B.Requirement for Installation in New Construction.
Customers making application for water service for
new construction for residential, commercial or
industrial use shall be required to install an
appropriate pressure regulation device for such
service.
23.04 CROSS-CONNECTIONS AND BACKFLOW DEVICES
State Regulations for Cross-Connections
The California State Water Resources Control Board has
issued regulations related to cross-connections, outlined in
the Cross-Connection Control Policy Handbook, for the purpose
of safeguarding drinking water supplies by preventing backflow
into public water systems.
It is unlawful for any person, firm, or corporation at
any time to make or maintain, or cause to be made or main-
tained, temporarily or permanently, for any period of time
whatsoever, any cross-connection between plumbing pipes or
water fixtures being served with water by the District water
department and any other source of water supply; or to main-
tain any sanitary fixtures or other appurtenances or fixtures
Attachment C
23-2
which, by reason of their construction, may cause or allow
backflow of water or other substances into the water supply
system of the District and/or the service of water pipes or
fixtures of any consumer of the District.
A.Definitions: For a complete listing, see the
California State Water Resources Control Board’s
Cross-Connection Control Policy Handbook.
1.Air-Gap Separation (AG): The term "air-gap
separation" means a physical break between a supply
pipe and a receiving vessel. The air-gap shall be
at least double the diameter of the supply pipe
measured vertically above the top rim of the vessel,
in no case less than one inch.
2.Approved Backflow Prevention Device: The term
"approved backflow prevention device" shall mean
devices which have passed laboratory and field
evaluation tests performed by a recognized testing
organization which has demonstrated their competency
to perform such test to the California Department of
Health Services and the Otay Water District.
3.AWWA Standard: The term "AWWA Standard" means an
official standard developed and approved by the
American Water Works Association (AWWA).
4.Backflow: The term "backflow" shall mean a flow
condition, caused by a differential in pressure that
causes the flow of water or other liquids, gases,
mixtures or substances into the distributing pipes
of a potable supply of water from any source or
sources other than an approved water supply source.
Back-siphonage is one cause of backflow. Back
pressure is the other cause.
5.Cross-Connection: The term "cross-connection" as
used in this Ordinance means any unprotected actual
or potential connection between a potable water
system used to supply water for drinking purposes
and any source or system containing unapproved water
or a substance that is not or cannot be approved as
safe, wholesome, and potable. Bypass arrangements,
jumper connections, removable sections, swivel or
changeover devices, or other devices through which
backflow could occur, shall be considered to be
cross-connections.
6.Double Check Valve Assembly: The term "double check
valve assembly" means an assembly of at least two
independently acting check valves, including tightly
23-3
closing shut-off valves, on each side of the check
valve assembly and test cocks available for testing
the water tightness of each check valve.
7.Reduced Pressure Principle Backflow Prevention
Device (RP): The term "reduced pressure principle
backflow prevention device" means a device
incorporating two or more check valves and an
automatically operating differential relief valve
located between the two check valves, a tightly
closing shut-off valve on each side of the check
valve assembly, and equipped with necessary test
cocks for testing.
8.Reduced Pressure Detection Assembly (RPDA): Same as
RP except as approved for fire services.
9.Service Connection: The term "service connection"
refers to the point of connection of a user's piping
to the Otay Water District facilities.
B.General Provisions
1.Unprotected cross-connections with the public
water supply are prohibited.
2.Whenever backflow protection has been found
necessary, the District will require the water
user to install an approved backflow prevention
device, by and at his/her expense, for continued
services or before a new service will be granted.
3.Wherever backflow protection has been found
necessary on a water supply line entering a water
user's premises, then any and all water supply
lines from the District's mains entering such
premises, buildings, or structures shall be
protected by an approved backflow prevention
device. The type of device to be installed will
be in accordance with the requirements of this
Ordinance.
C.Where Protection is Required
1.Each service connection from the District water
system for supplying water to premises having an
auxiliary water supply shall be protected against
23-4
backflow of water from the premises into the
public water system.
2.Each service connection from the District water
system for supplying water to any premises on
which any substance is handled in such fashion as
may allow its entry into the water system shall
be protected against backflow of the water from
the premises into the public system. This
includes commercial accounts, fire service
accounts, irrigation accounts, multi-family
dwellings, multi-story buildings, complex piping,
and locations where the handling of process
waters and waters originating from the District
water system may be subjected to deterioration in
sanitary quality.
D.Type of Protection Required
1.The type of protection that shall be provided to
prevent backflow into the approved water supply
shall be commensurate to the degree of hazard
that exists on the consumer's premises. The type
of protective device that may be required (listed
in increasing levels of protection) includes:
double check valve backflow prevention
assemblies, reduced pressure principle backflow
prevention assemblies (RP), and an air-gap
separation (AG). The water user may choose a
higher level of protection than that required by
the District. The minimum types of backflow
protection required to protect the approved water
supply at the user's water connection to premises
with varying degrees of hazard are given in
Appendix D of the Cross-Connection Control Policy
Handbook. Situations which are not covered in
Appendix D shall be evaluated on a case-by-case
basis, and the appropriate backflow protection
shall be determined by the District.
E.Approved Backflow Prevention Devices
1.Only lead-free backflow prevention assemblies
which have been approved by the District shall be
acceptable for installation by a water user
connected to the District's potable water system.
23-5
2.The District will provide to any affected cus-
tomer, upon their request, a list of approved
backflow prevention devices.
F.Backflow Prevention Device Installation
1.Backflow prevention devices shall be installed in
a manner prescribed in Article 3 of the Cross-
Connection Control Policy Handbook. Location of
the devices should be as close as practical to
the user's connection. The District shall have
the final authority in determining the required
location of a backflow prevention device.
a.Air-gap Separation (AG) - The air-gap
separation shall be located on the user's
side of, and as close to, the service
connection as is practical. All piping
from the service connection to the
receiving tank shall be above grade and be
entirely visible. No water use shall be
provided from any point between the
service connection and the air-gap separa-
tion. The water inlet piping shall
terminate a distance of at least two (2)
pipe diameters of the supply inlet, but in
no case less than one inch above the
overflow rim of the receiving tank.
b.Reduced Pressure Principle Backflow
Prevention Device (RP) - The approved
reduced pressure principle backflow
prevention device shall be installed on
the user's side of the service connection
at a distance consistent with the
District's Standard Drawings and
Specifications. The device shall be
installed a minimum of twelve inches (12")
but not more than twenty-four inches (24")
above grade, measured from the bottom of
the relief valve and with a minimum of
twelve inches (12") side clearance, and
twenty-four inches (24”) of clearance on
the side of the assembly containing the
test cocks. The device shall be installed
so that it is readily accessible for
maintenance and testing. Water supplied
23-6
from any point between the service
connection and the RP device shall be
protected in a manner approved by the
District. Additionally, materials and
installation shall at all times conform to
water agency standards which can be found
at www.sdwas.org.
G.Backflow Prevention Device Testing and Maintenance
1.The owners of any premises on which, or on
account of which, backflow prevention devices
are installed shall have the devices tested by a
person who has demonstrated their competency in
testing of these devices to the District and has
been approved by the District. Backflow
prevention devices must be tested at least
annually and immediately after installation,
relocation, or repair. The District may require
a more frequent testing schedule if it is
determined to be necessary. No device shall be
placed back in service unless it is functioning
as required. A testing result submission, in a
form acceptable to the District, shall be made
each time a device is tested, relocated, or
repaired. These devices shall be serviced,
overhauled, or replaced whenever they are found
to be defective and all costs of testing,
repair, and maintenance shall be borne by the
water user.
2.Initial testing after installation and subse-
quent retesting shall at all times conform to
water agency standards as outlined in
www.sdwas.org.
3.The District will supply affected water users
with a list of persons acceptable to the
District to test backflow prevention devices.
The District will notify affected customers by
mail when annual testing of a device is needed
and will also supply users with the necessary
testing information to be submitted each time a
device is tested or repaired.
4.Existing double check valves and pressure vacuum
breakers on median strip irrigation areas which
23-7
function adequately may remain in place,
however, as the District no longer recognizes
such devices to be commensurate with the degree
of potential hazard, failures of these devices
will necessitate their replacement with a
reduced pressure principal backflow prevention
device (RP).
H.Backflow Prevention Device Removal
1.Written approval must be obtained from the
District before a backflow prevention device is
removed, relocated, repaired or replaced.
a.Removal: The use of a device may be
discontinued and device removed from
service upon presentation of sufficient
evidence to the District to verify that a
hazard no longer exists or is not likely
to be created in the future.
b.Relocation: A device may be relocated
following confirmation by the District
that the relocation will continue to
provide the required protection and
satisfy installation requirements. A
retest will be required following the
relocation of the device.
c.Repair: A device may be removed for
repair, provided the water use is either
discontinued until repair is completed and
the device is returned to service, or the
service connection is equipped with other
backflow protection approved by the
District. A retest will be required
following the repair of the device.
d.Replacement: A device may be removed and
replaced provided the water use is
discontinued until the replacement device
is installed and tested. All replacement
devices must be approved by the District
and must be commensurate with the degree
of hazard involved.
23-8
I.User Supervisor
1.At each premise where it is necessary, in the
opinion of the District, a user supervisor shall
be designated by and at the expense of the water
user. This user supervisor shall be responsible
for the monitoring of the backflow prevention
devices and for avoidance of cross-connections.
In the event of contamination or pollution of
the drinking water system due to a cross-
connection on the premises, the District shall
be promptly notified by the user supervisor so
appropriate measures may be taken to overcome
the contamination. The water user shall inform
the District of the user supervisor's required
information on an annual basis or whenever a
change occurs.
J.Administrative Procedures
Water System Survey
1.The District shall review all requests for new
services to determine if backflow protection is
needed. Plans and specifications must be
submitted to the District upon request for
review of possible cross-connection hazards as a
condition of service for new service
connections. If it is determined that a
backflow prevention device is necessary to
protect the public water system, the required
device must be installed before service will be
activated.
2.The District may require an on premise
inspection to evaluate cross-connection hazards.
The District will transmit a written notice
requesting an inspection appointment to each
affected water user. Any customer who cannot or
will not allow an on premise inspection of their
piping system shall be required to install the
backflow prevention device the District
considers necessary.
3.The District may, at its discretion, require a
reinspection for cross-connection hazards of
any premise to which it serves water. The
23-9
District will transmit a written notice
requesting an inspection appointment to each
affected water user. Any customer who cannot
or will not allow an on premise inspection of
their piping system shall be required to
install the backflow prevention device the
District considers necessary.
K.Customer Notification - Device Installation and/or
Repair (Corrective Action)
1.The District will notify the water user of the
survey findings, listing corrective action to
be taken if required. A period of 30 days will
be given to complete all corrective action
required including installation of backflow
prevention devices.
2.A second notice will be sent to each water user
who does not take the required corrective
action prescribed in the first notice within
the 30 day period allowed. The second notice
will give the water user a 14 day period to
take the required corrective action and will
generate the assessment of a fee in accordance
with Appendix A. If no action is taken within
the 14 day period, the District may terminate
water service to the affected water user until
the required corrective actions are taken.
3.A third and final notice will be sent to each
water user who fails to take the requisite
corrective action detailed in the second notice
within the 14 day period allowed. The third
notice will indicate the date of service
termination and will generate the assessment of
a fee in accordance with Appendix A.
4.Only passing test results from a certified and
District-approved tester/installer received
electronically through the SwiftComply tester’s
portal within the allotted time period will
constitute compliance with the above require-
ments.
23-10
L.Customer Notification - Testing
1.The District will notify each affected water
user when it is time for the backflow preven-
tion device installed on their service
connections to be tested. This written notice
shall give the water user 60 days to have the
device tested and will supply the water user
with the necessary testing information to be
used when submitting testing results to the
District.
2.A second notice shall be sent to each water
user who does not have their backflow preven-
tion device tested as prescribed in the first
notice within the 60-day period allowed. The
second notice will give the water user an
additional 14 days to have their backflow
prevention device tested and will generate the
assessment of a fee in accordance with Appendix
A of this Ordinance. If no action is taken
within the 14-day period, the District may
terminate water service to the affected water
user until the subject device is tested.
3.A third and final notice will be sent to each
water user who fails to have their backflow
prevention device(s) tested as required in the
second notice within the 14-day period allowed.
The third notice will indicate the date of
service termination and will generate the
assessment of a fee in accordance with Appendix
A of this Ordinance.
4.Submittal of passing test results by a District
approved tester, through the SwiftComply
portal, within the allotted time period will
constitute compliance with the above
requirements.
M.Water Service Termination
A.General
When the District encounters water uses that rep-
resent a clear and immediate hazard to the potable
water supply that cannot be immediately abated, the
23-11
District shall institute the procedure for
discontinuing the District water service. A
reconnection fee will be assessed in accordance with
Appendix A.
B.Basis for Termination
Conditions or water uses that create a basis for
water service termination shall include, but are not
limited to the following items:
1.Refusal to install a required backflow pre-
vention device;
2.Refusal to test a backflow prevention device;
3.Refusal to repair a faulty backflow prevention
device;
4.Refusal to replace a faulty backflow prevention
device;
5.Direct or indirect connection between the
public water system and a sewer line;
6.Unprotected direct or indirect connection
between the public water system and a system or
equipment containing contaminants;
7.Unprotected direct or indirect connection
between the public water system and an auxil-
iary water system; and/or
8.Any situation which presents an immediate
health hazard to the public water system.
Additional remedies for failure to comply with cross-
connection requirements are referenced in Section 72 of the
Code of Ordinances and may be prosecuted as set forth in
Section 73.01 of this Code.
N.Water Service Termination Procedures
The District has absolute discretion to determine
the corrective action required and referenced in
Sections 72 and 73 of this Code.
23-12
1.For conditions 1, 2, 3, or 4, the District will
terminate service to a customer's premise after
2 written notices have been sent specifying the
corrective action needed and the time period in
which it must be done. If no action is taken
within the allowed time period water service
may be terminated.
2.For conditions 4, 5, 6, 7, or 8, the District
will take the following steps:
a.Make reasonable effort to advise the water
user of intent to terminate water service;
b.Terminate water supply and lock service
valve. The water service will remain
inactive until correction of violations
has been approved by the District.
O.Requirements for addition to or renewal on the Otay
Water District list of approved backflow prevention
device testers
A.Each applicant desiring initial addition to or
annual renewal on the District’s List of
Approved Backflow Prevention Device Testers
shall submit a fee in accordance with Appendix
A.Fees must be made in an acceptable form of
payment to the District. Along with the fee, a
current address and phone number must be
furnished. Those applicants not meeting all
qualifications specified herein will have
current fees returned.
B.Applicants shall hold a valid and current
certification from the American Water Works
Association (AWWA) California Nevada Section,
American Backflow Prevention Association
(ABPA), American Society of Sanitary
Engineering (ASSE), University of Southern
California Test Procedures (current edition) or
from a certification program recognized by the
San Diego County Health Department. Evidence
of said certification shall be furnished to the
District at the time of application, at the
time of renewal, and at any time the District
23-13
requests verification. Certification alone
does not constitute District approval.
C.Each applicant shall furnish evidence to show
the availability of the necessary tools and
equipment to properly test and/or repair such
devices. Test kits shall be recalibrated
annually and evidence of this shall also be
provided with both the initial application and
subsequent renewals.
D.The tester shall be solely responsible for the
competency and accuracy of all tests and
reports prepared and submitted to the District.
The list of approved testers will be furnished
upon request to any District customer requiring
such service.
The testers listed will remain listed for a
period of one year at which time they are
subject to application for renewal. At the
beginning of each year a grace period not to
exceed ninety (90) days will be allowed for
this process. Failure to renew within the
grace period will constitute removal from the
list. The District reserves the authority to
revoke, suspend, or remove any tester from the
list of authorized testers for improper
conduct, testing, repairs, and/or reporting.
FEES
A.A second notice for required corrective action
will result in a service fee, per backflow
device as outlined in Appendix A.
B.A third notice (termination of service notice)
will result in a service fee per backflow
device followed by the assessment of a
reconnection fee if such action is required as
outlined in Appendix A.
C.A reconnection fee per service is required for
service to be resumed as outlined in Appendix
A.
23-14
D.Applicants for addition to the list of approved
backflow prevention device testers in the Otay
Water District will submit an initial filing
fee and an annual renewal fee, as outlined in
Appendix A.
23.05 WATER SERVICE FOR STEAM BOILERS
Customers using District water to supply steam boilers
are required to provide adequate storage of water for boiler
use for a minimum period of 12 hours.
23.06 ELECTRICAL GROUND CONNECTIONS
The connection of electrical ground wire to water pipes
is prohibited. The District shall assume no responsibility
for any loss or damage resulting from such a connection.
38-1
SECTION 38 SERVICE FOR FIRE PROTECTION SYSTEMS
38.01 SERVICE FOR COMMERCIAL OR INDUSTRIAL PURPOSES
The District will provide water service for fire pro-
tection systems for commercial or industrial developments
within the District. Such service shall be available only
in accordance with the rules and regulations provided in
this Code.
38.02 RULES AND REGULATIONS FOR FIRE HYDRANT AND/OR
FIRE SPRINKLER SERVICE FOR COMMERCIAL OR
INDUSTRIAL PURPOSES, OR MULTI-FAMILY RESIDENCES,
ON PRIVATE PROPERTY
A.All fire hydrant and/or fire sprinkler service
mains installed for commercial or industrial
purposes, or multi-family residences, on
privately-owned land shall be owned and
maintained by the land owner; except for fire
hydrants installed for developments where the
District has accepted an easement for such
service mains.
B.Where service is provided for fire hydrant or
fire sprinkler service on privately-owned land
under Paragraph A above, the service shall be
provided by the District at the property line of
the land to be served. The property owner or
developer shall be responsible to construct and
maintain the remainder of the facilities to pro-
vide fire protection to the property. Each such
facilities installation shall include a reduced
pressure principle detector backflow prevention
assembly (RPDA) device installed in accordance
with District specifications, and tested
annually in accordance with Section 23.04.G. of
this code. The RPDA device shall be installed
on the fire main located on the customer side of
the property line.
C.Water furnished for fire hydrant or fire sprin-
kler service shall be used only for fire protec-
tion purposes. Water service for domestic,
business, commercial or irrigation purposes, or
multi-family residences, shall be furnished only
after a meter or meters have been installed on
Attachment D
38-2
laterals connected to the District main in the
street pursuant to requirements of this Code.
D. Upon application for installation of one or more
fire service connections to an existing District
water main, the customer shall pay such charges
as shall be determined on the basis of actual
costs incurred by the District in performing the
work. At the time of application for the
installation, the District will estimate the
total costs to be incurred in performing the
work. The customer shall deposit the estimated
amount with the District prior to commencement
of the work. The work shall be performed by the
District under a District Water/Sewer Order. If
actual costs incurred by the District are less
than the amount deposited, the District shall
refund the balance of the deposit to the
customer. If the costs incurred exceed the
amount deposited, the customer shall reimburse
the District for the additional costs. Where
the fire service connection is to be made to a
water main to be constructed in a street by the
owner or developer, the costs for such
connection shall be covered under the standard
developer's agreement with the District for
installation of the water facilities for the
development project.
E. Water for fire protection services shall be pro-
vided in accordance with District fees and
charges set forth in Section 25.03 D.16.(c) of
this Code.
F. The District shall have no responsibility for
the proper function of the fire service system
or for the availability of water from its mains
for fire protection in the event of emergency.
While the District undertakes at all times to
have adequate supplies available in its system
for ordinary uses, it is not a guarantor of
continual service in quantities adequate for all
purposes however, and each customer shall
specifically agree that as a condition of the
fire service connection contracted for that the
District shall incur no liability or be subject
to any damages resulting from a failure or
38-3
malfunctioning of the fire sprinkler lateral or
fire sprinkler system or from a lack of water in
adequate quantity or pressure to make it fully
effective.
38.03 SERVICES FOR INDIVIDUALLY METERED RESIDENTIAL
FIRE PROTECTION
When a single-family residential water meter is
required to provide standby capacity for a fire
sprinkler system, the capacity charge may be
determined according to the size of the meter
necessary to meet the water use requirements for
the property. Additional capacity fees for
upsizing the single-family residential meter to
meet fire flow requirements will be waived.
Standby capacity to provide water for a fire
sprinkler system is required when (1) the fire
sprinkler system is required by law, including
any requirement imposed as a condition of
development, permit, or occupancy, and (2) the
fire chief, fire marshal, or building official
of the city, county, or special district
responsible for fire protection service to the
property has a requirement for additional meter
size due to fire protection. The determination,
under this section, shall be made at the time
the meter is first obtained, or at the time a
meter is replaced with one of greater size due
to the later installation of a fire protection
system.
When a separate meter is required, water for
fire protection services shall be provided in
accordance with District fees and charges set
forth in Section 25.03 D.16.(c) of this Code.
38.04 FIRE SPRINKLER SERVICE FOR COMBINED MULTI &
SINGLE FAMILY SITES
A. Master metered residential sites that contain
both multi-family and single-family units, as
designated by the fire department with
jurisdiction, shall design and install the
multi-family portion of the project in
accordance with Section 38.02 (A through F).
Portions of the site designated as single-family
38-4
shall design and install fire sprinklers as
required by the fire agency with jurisdiction.
The District requires all single-family
residential homes to abide by the rules set
forth in Section 38.05.
38.05 RULES AND REGULATIONS FOR SINGLE-FAMILY
RESIDENTIAL PROPERTIES WITH FIRE PROTECTION
SYSTEMS
A. The District requires single-family residential
homes with fire sprinklers to include an above-
grade double check valve backflow prevention
assembly all the following criteria are met:
1. The user premises has only one service
connection to the PWS;
2. A single service line onto the user premises
exists that subsequently splits on the property
for domestic flow and fire protection system
flow, such that the fire protection system may
be isolated from the rest of the user premises;
3. A single, water industry standard, water
meter is provided to measure combined domestic
flow and fire protection system flow;
4. The fire protection system is constructed of
piping materials certified as meeting NSF/ANSI
Standard 61; and
5. The fire protection system’s piping is looped
within the structure and is connected to one or
more routinely used fixtures (such as a water
closet) to prevent stagnant water.
B. The District highly encourages the use of a
passive purge system, as described in section
38.05, for all new single-family residential
sites.
STAFF REPORT
TYPE MEETING: Regular Board MEETING DATE: August 7, 2024
PROJECT: Various DIV. NO. ALL
SUBMITTED BY: Suzie Lawson
Human Resources Manager
APPROVED BY: Adolfo Segura, Chief, Administrative Services
Jose Martinez, General Manager
SUBJECT: AUTHORIZE AN ADDENDUM TO AMEND THE SCOPE OF SERVICES, LENGTH OF
TIME, AND TOTAL COMPENSATION FOR THE CONSULTING SERVICES
AGREEMENT BY AND BETWEEN THE OTAY WATER DISTRICT AND BURKE,
WILLIAMS & SORENSEN, LLP
GENERAL MANAGER’S RECOMMENDATION:
That the Board of Directors (Board) authorize the General Manager to
issue an addendum to the current consulting services agreement by and
between the Otay Water District (District) and Burke, Williams &
Sorensen, LLP (Consultant) to amend the scope of services, length of
time, and total compensation in an amount not-to-exceed $115,000.
COMMITTEE ACTION:
See “Attachment A”.
PURPOSE:
To obtain Board authorization for the General Manager to issue an
addendum to amend the scope of services, length of time, and total
compensation for the consulting services agreement by and between the
District and the Consultant.
ANALYSIS:
The District entered an agreement on November 28, 2023, with the
Consultant to perform legal services and consultation relating to labor
relations, including reviewing the Memorandum of Understanding (MOU)
between the District and the Otay Water District Employees’ Association
(Association) and serving as Chief Negotiator during labor
negotiations. The Chief Negotiator received direction and parameters
AGENDA ITEM 5
from the Board of Directors’ Ad-Hoc Negotiations Committee and the
General Manager and acted on behalf of the Board and the District
throughout labor negotiations. The original agreement specified in the
scope of services that the services were to be performed with a “time
is of the essence” approach to complete the project prior to the June
30, 2024, expiration date of the preceding MOU.
The Chief Negotiator’s preparation for negotiations, including
reviewing the current MOU, began in December 2023. Negotiation meetings
between the District and the Association concluded in May 2024. The MOU
was presented to and approved by the Board of Directors on June 5, 2024,
and became effective July 1, 2024, with one (1) provision, the Health
Reimbursement Arrangement (HRA), becoming effective September 1, 2024.
The cost of the Consultant’s services provided in December 2023 through
June 2024 totaled $83,910.21, of which $75,000 has been paid to date,
resulting in a balance of $8,910.21 for services rendered through June
of 2024. While the meetings concluded prior to the expiration date of
the preceding MOU, the number of meetings and volume of work involved
exceeded what had been anticipated, resulting in higher costs than
anticipated or budgeted and resulting in the cost of services rendered
exceeding the General Manager’s authority.
In order to ensure successful implementation of the MOU changes and the
HRA, staff is proposing to extend the scope of services to include other
items which were identified, during and immediately following the
negotiations process, as requiring additional legal review, such as:
1) Assisting in the implementation of the MOU by responding to
questions which have arisen because of changes in the law, and;
2) Assisting in the implementation of the HRA and review of related
documents.
Staff estimates the cost for additional services to total up to $30,000.
Staff requests a not-to-exceed amount of $115,000 to ensure that the
outstanding invoice balance can be paid and additional services can be
provided. The table below includes a summary of costs to date and future
estimated costs.
Time Period of
Consulting
Services Provided
Total Cost of
Services
Rendered
through 6/30/24
Amount
Paid to
Date
Estimated
Future
Costs
Total
or Estimated
Future Costs
December 2023
through June 2024 $83,910.21 $75,000 N/A $8,910.21
July 2024 through
June 2025
Estimate
N/A $0 Approx.
$30,000
Approx.
$30,000
Total $83,910.21 $75,000 Approx.
$30,000
Approx.
$38,910.21
Finally, staff is requesting to extend the length of time of the
agreement. The original term of the agreement was “until conclusion on
the matter(s) specified in the Scope of Service” of the original
agreement, which focused on the period of negotiations. The extension
of the scope of services will necessitate an extension of the length of
time to perform the extended services through the end of Fiscal Year
2025.
Based on the aforementioned, staff is requesting that an addendum to
the current consultant services agreement be approved and issued to
amend the scope of services and length of time. In addition, due to
this amendment increasing the total contractual amount above the General
Manager’s authority, staff is requesting that the Board also approve
the agreement addendum in the amount of $40,000 and authorize the
revised total agreement amount of $115,000.
FISCAL IMPACT: Joe Beachem, Chief Financial Officer
With approval, this amendment to the agreement will cost up to $40,000.
While the planned budget for consultant’s services is not sufficient,
it was determined that the services were necessary in order to meet the
“time is of the essence approach” to labor negotiations. In addition,
the extended services are necessary to ensure timely and successful
implementation of the HRA.
STRATEGIC GOAL:
Learning & Growth 2.1 - Negotiate a successor Memorandum of
Understanding (MOU) with the employee association and unrepresented
employees to focus on recruitment and retention.
Financial 1.4 – Conduct an evaluation of a health savings investment
account program for an optional post-employment benefit.
LEGAL IMPACT:
None.
ATTACHMENTS:
Attachment A – Committee Action Report
ATTACHMENT A
SUBJECT/PROJECT:
AUTHORIZE AN ADDENDUM TO AMEND THE SCOPE OF SERVICES, LENGTH
OF TIME, AND TOTAL COMPENSATION FOR THE CONSULTING SERVICES
AGREEMENT BY AND BETWEEN THE OTAY WATER DISTRICT AND BURKE,
WILLIAMS & SORENSEN, LLP
COMMITTEE ACTION:
The Finance & Administration Committee reviewed this item at a meeting
held on July 23, 2024. The Committee supports presentation to the full
Board.
NOTE:
The “Committee Action” is written in anticipation of the Committee moving
the item forward for Board approval. This report will be sent to the
Board as a committee approved item or modified to reflect any discussion
or changes as directed by the committee prior to presentation to the
full Board.