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HomeMy WebLinkAbout05-19-21 F&A Committee Packet 1 OTAY WATER DISTRICT FINANCE AND ADMINISTRATION COMMITTEE MEETING and SPECIAL MEETING OF THE BOARD OF DIRECTORS BY TELECONFERENCE 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA WEDNESDAY May 19, 2021 12:00 P.M. This is a District Committee meeting. This meeting is being posted as a special meeting in order to comply with the Brown Act (Government Code Section §54954.2) in the event that a quorum of the Board is present. Items will be deliberated, however, no formal board actions will be taken at this meeting. The committee makes recommendations to the full board for its consideration and formal action. AGENDA 1. ROLL CALL 2. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE COMMITTEE ON ANY SUBJECT MATTER WITHIN THE COMMITTEE'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA This meeting is being held via teleconference. Members of the public may submit their comments on agendized and non-agendized items by either of the following two meth- ods: a) No later than a half hour before the start of the meeting, complete and submit a Request to Speak Form. Your request to speak will be acknowledged during the “Public Participation” portion of the meeting when the committee will hear your public comment. When called to speak, please state your Name and the City in which you reside. You will be provided three minutes to speak. OR b) No later than a half hour before the start of the meeting, email your comment to BoardSecretary@otaywater.gov and it will be read aloud during the “Public Par- ticipation” portion of the meeting. Please provide your Name and the City in which you reside, with your comment. Your comment must not take more than three minutes to read. The District’s meeting is live streamed. Information on how to watch and listen to the District’s meeting can be found at this link: https://otaywater.gov/board-of- directors/agenda-and-minutes/committee-meetings/ 2 DISCUSSION ITEMS 3.ADOPT RESOLUTION NO. 4398 TO CONTINUE WATER AND SEWER AVAILABILITY CHARGES FOR DISTRICT CUSTOMERS FOR FISCAL YEAR 2021-2022 TO BE COLLECTED THROUGH PROPERTY TAX BILLS (CAREY) [5 minutes] 4.ADOPT RESOLUTION NO. 4399 TO ESTABLISH A REDUCED TAX RATE FOR IMPROVEMENT DISTRICT NO. 27 AT $0.0021 FOR FISCAL YEAR 2021-2022 (KOEPPEN) [5 minutes] 5.AUTHORIZE THE GENERAL MANAGER TO EXECUTE UP TO FIVE (5) ADDITIONAL ONE-YEAR EXTENSIONS TO THE SEWER BILLING SERVICES AGREEMENT WITH THE CITY OF CHULA VISTA PER THE TERMS OF THE AGREEMENT (KOEPPEN) [5 minutes] 6.ADJOURNMENT BOARD MEMBERS ATTENDING: Mark Robak, Chair Jose Lopez All items appearing on this agenda, whether or not expressly listed for action, may be delib- erated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the Dis- trict’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available by contacting the District Secretary at (619) 670-2253. If you have any disability which would require accommodation in order to enable you to par- ticipate in this meeting, please call the District Secretary at 670-2253 at least 24 hours prior to the meeting. Certification of Posting I certify that on May 14, 2021 I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 24 hours in advance of the meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on May 14, 2021. /s/ Tita Ramos-Krogman, District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 2, 2021 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 Resolution No. 4398 to Continue Water and Sewer Availability Charges for District Customers for Fiscal Year 2021-2022 to be Collected Through Property Tax Bills GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Resolution No. 4398 to continue water and sewer availability charges for District customers for fiscal year 2021-2022 to be collected through property tax bills. COMMITTEE ACTION: See Attachment A. PURPOSE: That the Board consider the adoption of Resolution No. 4398 to continue water and sewer availability charges for District customers for fiscal year 2021-2022 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. In order to place these charges on the tax roll, the County of San Diego (the County) requires the District to provide a AGENDA ITEM 3 2 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. In order for a parcel to be assessed a sewer availability charge, it must be annexed into the District’s sewer improvement district. 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 has 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. 4398 ATTACHMENT A SUBJECT/PROJECT: Adopt Resolution No. 4398 to Continue Water and Sewer Availability Charges for District Customers for Fiscal Year 2021-2022 to be Collected Through Property Tax Bills COMMITTEE ACTION: 1 RESOLUTION NO. 4398 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT CONTINUING PREVIOUSLY ESTABLISHED WATER AND SEWER AVAILABILITY CHARGES FOR FISCAL YEAR 2021-2022; REQUESTING THE COUNTY TO COLLECT SUCH AVAILABILITY CHARGES ON THE 2021-2022 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 2021-2022 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 2021-2022 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: (a) Application The application shall include a statement describing the circumstances and factual elements which support the request for deferral. (b) 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 7 Directors within sixty (60) days after such denial. No new 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: (a) The owner of such parcel makes a timely application requesting deferral of the charge. (b) 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. (c) The owner executed a recordable agreement which includes provisions that: (1) set forth the enforceable restrictions pertinent to the subject parcel; (2) 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 8 the date such charges would have been otherwise due and payable; (3) 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; (4) 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 (5) 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 9 property owner develops a parcel that is subject to a deferral agreement without termination of said agreement. (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, 2021. 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, 2021, 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 2021-2022 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 10 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 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. 11 7. CERTIFIED COPIES The Secretary of this District shall deliver certified copies of this Resolution to the Board of 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 2nd day of June, 2021. Ayes: Noes: Abstain: Absent: President ATTEST: Secretary 12 I HEREBY CERTIFY that the foregoing Resolution No. 4398 was duly adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a regular meeting thereof held on the 2nd day of June, 2021 by the following vote: Ayes: Noes: Abstain: Absent: District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 2, 2021 SUBMITTED BY: Kevin Koeppen, Assistant Chief of Finance PROJECT: DIV. NO.All APPROVED BY: Joseph R. Beachem, Chief Financial Officer Jose Martinez, General Manager SUBJECT: Adopt Resolution No. 4399 to Establish the Tax Rate for Improvement District No. 27 (ID 27) for Fiscal Year 2021-2022 GENERAL MANAGER’S RECOMMENDATION: That the Board adopt Resolution No. 4399 to establish the tax rate for Improvement District No. 27 (ID 27) at $0.0021 for fiscal year 2021-2022. COMMITTEE ACTION: See Attachment A. PURPOSE: Improvement District No. 27 (ID 27) has outstanding general obligation bonds which mature in fiscal year 2023 and is the only improvement district with general obligation debt service. As of July 1, 2021, the outstanding debt will be $1.4 million with an interest rate of approximately 4%. The bonds are non-callable. At the beginning of each fiscal year staff must provide the County of San Diego, Property Tax Services, with the tax rate to be charged upon all property within ID 27 to ensure the amount of tax collections will support the annual debt service requirement. Staff recommends that the Board adopt Resolution No. 4399 to establish AGENDA ITEM 4 2 the tax rate for ID 27 at $0.0021 for fiscal year 2021-2022. This is a reduction from $0.0035 in fiscal year 2020-2021 to $0.0021 in fiscal year 2021-2022. BACKGROUND: In December 1992, the District sold $11,500,000 of general obligation bonds in ID 27 for the construction of the 30-million-gallon reservoir. The debt and levying of the tax were approved by the voters. When the Board subsequently approved the issuance of the debt, based on voter approval, it covenanted to levy this tax as approved by the voters. At the time of the formation of ID 27, the District intended to have a maximum tax rate of $0.10 per $100 of assessed valuation. The tax rate has remained well below the intended maximum rate. The District refinanced the bonds in fiscal year 1998 and again in fiscal year 2010 which resulted in a reduction in the annual debt schedule. Property valuations peaked in fiscal year 2008 at $12.5 billion, dropped below $10 billion in fiscal year 2011, and is now valued at more than $16 billion. The combination of the reduced debt service requirement and the increased assessed values resulted in the District’s ID 27 reserve levels exceeding the target. From fiscal year 2009 to fiscal year 2015, the tax rate was $0.005 and from fiscal year 2016 to fiscal year 2019, the tax rate was reduced to $0.004. In fiscal year 2020 the tax rate was reduced to $0.00375 and in fiscal year 2021, the tax rate was reduced further to $0.0035. During all these years the District has covered any tax collection shortfalls from the ID 27 reserves. For fiscal year 2022, staff proposes to reduce the tax rate from $0.0035 to $0.0021 and continue to cover the tax collection shortfall from the ID 27 reserves. Staff projects that a $0.0021 tax rate will wind down reserve levels until the expiration of the debt on September 1, 2022. Upon expiration of the debt, staff anticipates that the reserve will be fully depleted. FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer The tax proceeds are legally restricted for the sole purpose of the repayment of this debt. These proceeds will be collected until the debt obligation is fully paid, at which time the fund is planned to have a zero balance. The $0.0021 tax rate is projected to generate $459,833 in revenue in fiscal year 2022. The projected revenue, given the recommended tax rate combined with the current fund 3 balance, will meet the annual ID 27 debt service principal and interest payment of $747,900. STRATEGIC GOAL: Through well-established financial policies and wise management of funds, the District will continue to guarantee fiscal responsibility to its ratepayers and the community at large. LEGAL IMPACT: None. Attachments: A) Committee Action B) Resolution No. 4399 C) ID 27 Tables D) ID 27 Map ATTACHMENT A SUBJECT/PROJECT: Adopt Resolution No. 4399 to Establish the Tax Rate for Improvement District No. 27 (ID 27) for Fiscal Year 2021-2022 COMMITTEE ACTION: That the Finance and Administration Committee recommend that the Board adopt Resolution No. 4399 to establish the tax rate for Improvement District No. 27 (ID 27) at $0.0021 for fiscal year 2021-2022. NOTE: The “Committee Action” is written in anticipation of the Committee moving the item forward for board approval. This report will be sent to the Board as a committee approved item, or modified to reflect any discussion or changes as directed from the committee prior to presentation to the full Board. 1 RESOLUTION NO. 4399 A RESOLUTION OF THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT FIXING TAX RATES FOR FISCAL YEAR 2021-2022 FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS OF IMPROVEMENT DISTRICTS (GF 1600) WHEREAS, California Water Code Section 72091 authorizes the Otay Water District, as a municipal water district, to levy an ad valorem property tax which is equal to the amount required to make annual payments for principal and interest on general obligation bonds approved by the voters prior to July 1, 1978. NOW, THEREFORE, the Board of Directors of the Otay Water District resolves, determines and orders as follows: 1. Findings. It is necessary that this Board of Directors cause taxes to be levied in fiscal year 2021-2022 for Improvement District No. 27 of the Otay Water District to pay the amount of the principal and interest on the bonded debt of such improvement district. 2. Amounts to be Raised by Taxes. The amount required to be raised by taxation during fiscal year 2021-2022 for the principal and interest on the bonded debt of Improvement District No. 27 is as follows: Improvement District No. 27 $459,833 3.Tax Rates. The tax rates per one hundred dollars ($100) of the full value of all taxable property within said improvement district necessary to pay the aforesaid amounts of Attachment B 2 principal and interest on the bonded debt of said improvement district for fiscal year 2021-2022 is hereby determined and fixed as follows: Improvement District No. 27 $0.0021 4. Certification of Tax Rates. Pursuant to Water Code Section 72094, this Board of Directors hereby certifies to the Board of Supervisors and the County Auditor of the County of San Diego the tax rates hereinbefore fixed, and said County Auditor shall, pursuant to Section 72095 of said Code, compute and enter in the County assessment roll the respective sums to be paid as tax on the property in Improvement District No. 27, using the rate of levy hereinabove fixed for such improvement district and the full value as found on the assessment roll for the property therein, and the Secretary of this Board of Directors is hereby authorized and directed to transmit certified copies of this resolution, Attachment B, and made a part hereof, to said Board of Supervisors and said Auditor. PASSED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 2nd day of June, 2021. Ayes: Noes: Abstain: Absent: President 3 ATTEST: Secretary 4 I HEREBY CERTIFY that the foregoing Resolution No. 4399 was duly adopted by the BOARD OF DIRECTORS of the OTAY WATER DISTRICT at a regular meeting thereof held on the 2nd day of June, 2021 by the following vote: Ayes: Noes: Abstain: Absent: District Secretary IMPROVEMENT DISTRICT 27 History1989 Improvement District 27 was formed with $100,000,000 bonding authorized. 1992 District issued $11,500,000 in General Obligation Bonds primarily for the constructionof a 30 million gallon storage reservoir. 1998 District refinanced outstanding debt of $10,900,000.2009 District refinanced again outstanding debt of $7,780,000. TAXES DEBT TAX ASSESSED COLLECTED SERVICE NET RATE VALUATION INC% FY03 $725,085 $848,600 ($123,515)$0.01500 $3,837,693,353 37% FY04 $829,036 $848,700 ($19,664)$0.01400 $5,047,625,296 32% FY05 $994,501 $840,800 $153,701 $0.01200 $6,454,909,846 28% FY06 $1,081,991 $840,385 $241,606 $0.01000 $8,579,576,581 33% FY 07 $862,795 $837,936 $24,859 $0.00700 $10,348,663,242 21% FY 08 $917,168 $835,017 $82,151 $0.00600 $12,518,643,676 21% FY 09 $747,175 $830,823 ($83,648)$0.00500 $12,308,043,285 -2% FY 10 $605,405 $934,674 ($329,269)$0.00500 $10,378,404,507 -16% FY 11 $606,966 $781,144 ($174,178)$0.00500 $10,131,397,697 -2.4% FY 12 $597,799 $752,976 ($155,177)$0.00500 $9,941,622,812 -1.9% FY 13 $650,587 $773,863 ($123,276)$0.00500 $9,869,377,173 -0.7% FY 14 $658,147 $750,088 ($91,940)$0.00500 $10,226,148,004 3.6% FY 15 $706,025 $748,663 ($42,638)$0.00500 $11,157,255,925 9.1% FY 16 $612,980 $751,663 ($138,683)$0.00400 $11,904,159,221 6.7% FY 17 $640,241 $747,969 ($107,728)$0.00400 $12,738,454,702 7.0% FY 18 $678,655 $744,633 ($65,978)$0.00400 $13,574,290,102 6.6% FY 19 $720,975 $749,433 ($28,458)$0.00400 $14,327,195,366 5.5% FY 20 $715,137 $747,200 ($32,063)$0.00375 $15,251,488,128 6.5% FY 21 (1)$752,023 $750,600 1,423 $0.00350 $16,166,577,416 6.0% (1)Due to timing of the report, taxes collected is an estimate. TAXES DEBT TAX ASSESSEDCOLLECTEDSERVICENETRATEVALUATION INC% Est Fund Balance 6/30/21 $442,147 FY21 459,833 747,900 ($288,067)$0.00210 $17,136,572,061 6.0% Interest $1,816 Est Fund Balance 6/30/22 $155,896 Historical Data Change in Fund Balance $0 $2 $4 $6 $8 $10 $12 $14 $16 $18 Bi l l i o n s ASSESSED VALUATION10 Year History Attachment C Water ID 27 OWD Division Boundary Water ID 27 µ 0 52.5 Miles MEXICO La Mesa LemonGrove ChulaVista El Cajon San Diego San DiegoCounty San Diego Lake Murray Loveland Reservoir Lower OtayReservoir Upper OtayReservoir SweetwaterReservoir Divison 1 Divison 4 Divison 2 Divison 5Divison 3 Attachment D STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: June 2, 2021 SUBMITTED BY: Kevin Koeppen Assistant Chief of Finance PROJECT: DIV. NO.All APPROVED BY: Joseph R. Beachem, Chief Financial Officer Jose Martinez, General Manager SUBJECT: Authorize the General Manager to Execute up to Five Additional One-year Extensions to the Sewer Billing Services Agreement with the City of Chula Vista Per the Terms of the Agreement GENERAL MANAGER’S RECOMMENDATION: That the Board authorize the General Manager to execute up to five additional one-year extensions to the Sewer Billing Services Agreement with the City of Chula Vista per the Terms of the Agreement. COMMITTEE ACTION: See Attachment A. PURPOSE: To extend the current Sewer Billing Services Agreement with the City of Chula Vista by granting authority to the General Manager to execute up to five additional one-year extensions. ANALYSIS: Since May of 1981 the District has agreed to collect sewer service charges from all of its water customers who receive sewer service from the City of Chula Vista (City). Over time, several agreements between the City and the District have been in place for sewer billing services. AGENDA ITEM 5 Beginning with the December of 1995 agreement, the City and the District added numerous obligations that emphasized cooperation and planning between the two agencies. The term of the agreement was 20 years. The City and the District chose to let the old agreement expire on June 30, 2016, as many of the outstanding issues such as growth and development had been resolved. In 2016, the District entered into a new agreement with the City. The initial term of the agreement was for five years, plus five additional one-year extensions. Both parties agree that the terms of the current agreement are satisfactory and are not recommending any amendments; therefore, staff is recommending that the first of five one-year extensions be executed. To provide a more efficient process in the future, staff is also recommending that the Board authorize the General Manager to execute the remaining four one-year extensions. The current billing rate of $1.17 per bill is automatically increased or decreased each July 1st, based on changes in the prior December’s San Diego CPI. The billing rate that will be effective on July 1, 2021 is $1.18 per bill. Staff has evaluated the cost to provide billing services to the City and there have been no significant changes to these costs. The price in the current contract, $1.18, is therefore still an appropriate price, and is agreeable to both parties. Staff evaluated full cost recovery under an incremental cost method, and full cost recovery under a proportional cost method. The current cost of $1.18 was at the 65th percentile between the favorable incremental rate and the aggressive proportional rate which is commensurate with the percentile under the original agreement. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The annual revenue for sewer billing services will be approximately $400,000. STRATEGIC GOAL: The District ensures its continued financial health through long-term financial planning. LEGAL IMPACT: None. Attachments: Attachment A - Committee Action Attachment B – Chula Vista Sewer Billing Agreement Exhibit 1 – Sample Data Attachment C – Chula Vista Notice of Exercise of Option to Extend Agreement ATTACHMENT A SUBJECT/PROJECT: Authorize the General Manager to Execute up to Five Additional One-year Extensions to the Sewer Billing Services Agreement with the City of Chula Vista Per the Terms of the Agreement COMMITTEE ACTION: The Finance, Administration, and Communications Committee reviewed this item at a meeting held on May 19, 2021 and the following comments were made: ACN: 16028 AGREEMENT TO PROVIDE CUSTOMER WATER CONSUMPTION DATA AND SEWER BILLING SERVICES This agreement ("Agreement") is made and entered into as of 201-6 by and between Otay Water District, a Municipal Water District organized and existing pursuant to Water Code Section 71000 et seq, (hereinafter referred to as "Otay") and the City of Chula Vista, a municipal chartered corporation ("City"). Otay and the City are collectively referred to herein as the "Parties." WHEREAS, the City provides sewer collection services to property located within its jurisdictional boundaries; and WHEREAS, the rates for the City's sewer service fees are structured, in part, on the basis of a customer's metered water use and certain assumptions regarding the volume of water returned to the sewer system; and WHEREAS, Otay provides water service to properties located within Otay's jurisdictional boundaries; and WHEREAS, the City has requested that Otay provide water consumption data for all properties served by Otay within the jurisdictional boundaries of City and that Otay prepare the calculation of customers' sewer service fees (based on a formula provided by the City) in order for the City to receive the sewer service fees for its sewer customers; and WHEREAS, the City has requested that Otay provide billing and collection services for all properties served by Otay within the jurisdictional boundaries of City ("City Sewer Customers") in order for the City to receive the sewer service fees for its sewer customers; and NOW, THEREFORE, the Parties hereto agree as follows: 1.Services. 1.1-. On an annual basis Otay will provide water consumption data for all properties served by Otay within the jurisdictional boundaries of the City ("Water Consumption Data File") using the mutually agreed upon standard data file format. (A sample of the data file format is attached as Exhibit 1) 1.1.1.The Water Consumption Data File will contain data for the period November through April, and will calculate the lowest two consecutive months. 1.1.2.Otay will provide the Water Consumption Data File in an accurate manner and within one month of receipt of the last Cíty Sewer Customer's meter reading for the month of April, using reasonable, industry-standard methods and process. Attachment B 1,.2. On a monthly basis Otay will perform the services of billing and collection sewer fees for the City. l-.2.l.The City wíll provide to Otay, no later than June l-st of each year, the rates and formulas to be used by Otay to calculate the fees to be billed to City Sewer Customers. t.2.2. Otay will calculate the fees to be charged to City Sewer Customers utilizing the fee rates and formulas provided by the City ("Sewer Fees"). Otay does not warranty the accuracy of the data or formulas provided by the City. 1.2.3.Otay will include Sewer Fees in City Sewer Customer's water bills each month. L.2.4.The City shall be responsible for notifying Otay of any new customers or changes to customer profiles, such as sewer strength for commercial customers. Every two months, Otay will remit to the City billed sewer fees with the payment beíng due the last Monday of the month subsequent to the two months of billing (ex. Sewer fees billed in July and August will be remitted by the last Monday in September). 1.3. The City agrees that the water consumption data provided by Otay and the Sewer Fees are confidential and may only be used for activities related to billing for sewer services or if required by statute or government regulation. The water consumption data and Sewer Fees provided by Otay must not be used for any other purposes. 1-.4. Otay does not warranty the accuracy of the water consumption data or the calculation of the Sewer Fee based on the formula provided by the City. 2. Term. The term of this Agreement shall be from the date first stated above, and will continue in effect until June 30,202L. The Agreement may be extended by mutual agreement for five additional one-year terms with an amendment to the Agreement to be executed by June 3Oth of the preceding fiscal year. 3. Payment. 3.1 Otay shall deduct a per-account charge ("Service Fee") from each remittance of collected Sewer Fees it makes to the City. The Service Fee will be based on the number of accounts for which Otay provides water consumption data and billing services to the City. The Service Fee represents Otay's costs to provide water consumption data to the City and to perform billing and collection services for Sewer Fees for the City. The initial Service Fee shall be Sf .OS per account per month. The Service Fee shall be adjusted from a starting figure of 51.05 per account in December 201-5 dollars, each year thereafter on July 1 of each year, in accordance with 3.2 any increase or decrease in the San Diego Consumer Price lndex. Any change shall be memorialized by Otay sending a letter to the City which will include an updated cost per account. Said letters shall be incorporated herein by reference and become part of this Agreement. 4. Uncollectible Accounts The City shall be solely responsible for risk of loss associated with uncollectible accounts, up to the total amount of Sewer Fees billed. Otay shall apply payments to water accounts first. 5. Termination Either party may terminate this Agreement with ninety (90) days written notice. ln the event of termination of this Agreement, payment to Otay will be made for the above-referenced fees and costs for the current fiscal year to the date of termination. Notice of termination shall be provided in accordance with the provisions of Section 9 below. 6. lndemnification. 6.L Each Party shall be responsible for the willful misconduct and negligent acts or omissions of its officers, directors, agents, employees, and subcontractors. Each Party shall indemnify, hold harmless, and defend the other from and against all claims, demands, and liabílities for bodily injury, property damage, or other damages caused by the willful or negligent act or omission of the indemnifying party or its officer, directors, agents, employees or subcontractors. The City hereby indemnifies, holds harmless and defends Otay and Otay's officers, directors, agents, employees, and subcontractors from and against all claims, demands, and liabilities for bodily injury, property damage, or other damages arising out of the City's business decisions relating to, or use ol the water consumption data provided by Otay. 6.2 7. Integration. This Agreement, including any and all exhibits to it, represent the entire understanding of both Parties as to those matters contained in it, and supersedes and cancels any prior oral or written understandings, promises or representations with respect to those matters covered in it. This Agreement may not be modified or altered except in writing signed by both Parties, except as provided for herein related to notice of increase of the Seruice Fee as provided for in Paragraph 3 above. 8. Laws, Venue, and Attorneys'Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. The Parties agree that if any dispute shall arise in relation to this Agreement, they will attempt to resolve such dispute informally, in good faith. lf such good faith informal resolution does not resolve the issue, the Parties agree that the matter will be directed to the General Manager/City Manager of each Party for another good faith attempt at resolution. lf that attempt does not resolve the issue, the Parties agree to mediation under the rules of the American Arbitration Association or any other neutral organization agreed upon before having recourse in a court of law. Any agreements resulting from mediation shall be documented in writing by all Parties. All mediation results shall be "non-binding" and inadmissible for any purpose in any legal proceeding, unless all Parties otherwise agree in writing. lf mediation is not successful, and an action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 9. Notice. Termination notice, proposed amendments to this Agreement, or any other notices required herein will be delivered by United States Post Office, certified mail, and addressed to: Otay Water District Kevin Koeppen 2554 Sweetwater Springs Blvd. Spring Va lley, CA 9197 8-2OO4 kevi n. koeppen @otaywater.gov City of Chula Vista Roberto Yano 276 Fourth Avenue Chula Vista, CA 91910 rya no@ch ulavistaca.gov Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by regular or electronic mail addressed to the designated representative. 10. Severability. ln the event any one of the provisions of this Agreement shall for any reason be held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or unenforceable provision(s) shall be replaced by a mutually acceptable provision, which being valid, legaland enforceable, comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision. 11. Assignment. ln no event shall this Agreement be assigned by either Party without first obtaining the prior written consent of the other Party. L2. Waiver. No covenant, term or condition of this Agreement shall be deemed to be waived by any party hereto unless such waiver is in writing and executed by the party making the waiver. No waiver of any breach of any of the terms, covenants, or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. 13. Execution of Agreement. This Agreement shall not be deemed to have been accepted and shall not be binding upon either Party until duly authorized officers of both parties have executed it. This Agreement, including any and all exhibits to it, represents the entire understanding of both Parties as to those matters contained in it, and supersedes and cancels any prior oral or written understandings, promises or representations with respect to those matters covered in it. This Agreement may not be modified or altered except in writing, signed by both Parties. lN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first written above. Otay Water District Approved: City of Chula Vista Ma n, Gen I Manager Mary Ca s-Sal as, Mayor Attest: S nC Board Secretary Donna Norris, rk Approved as to form yr^{ ^Gene Otay nsel \ Atto ter District Glen R Exhbit 1 - Sample Data Report C hulaVistaSewerMthSum 01t21t2016 15|',12 Fee Code Chufa Vista Sewer Summary Report For Month Of 12120'15 Otay Water District s Account 194 125 119 21 49 5 14 2 9 17 18 1 3 64 64 110 7 5 1 65 14 l5 t3 4 7 1 143 128 1 29,262 Accounts Billed Servrce Location 194 125 119 21 49 5 14 2 9 17 17 1 3 64 64 110 7 5 I 64 14 15 13 4 7 1 143 128 1 29,094 Service Location Water Used Water Used Sewer Charqed 16,851.69 22,787.16 47,077.63 26,808.42 131,128.95 14,075.85 668.53 3,796.26 1,844.65 8,595.86 21,664.14 180.62 430.29 5,738.28 14,398.21 36,877.87 8,468.79 3,166.48 461.02 2,384.18 1,831.75 11,580.68 11,867.18 5,499.65 430.71 22.66 3,825.49 7,283.81 32.37 1,212,821.52 Sewer Charged Base Gharqe Base Gharged Service Units Fixed Charqe scmrl0 scmrl5 scmr20 scmr30 scmr40 scm160 scmr75 scmr80 scvhl 0 scvhl 5 scvh20 scvh30 scvh75 scvll0 scvllS scvl20 scvl30 scvl40 scvl60 scvl75 scvml0 scvm15 scvm20 scvm30 scvm75 scvrl 0 scvr75 swcvl0 swcv15 swcv75 4,167.00 5,892.00 12,966.00 6,456.00 32,277.00 3,982.00 165.00 844.00 2r0.00 1,007.00 2,601.00 11.00 50.00 1,256.00 3,401.00 8,686.00 1,931.00 631.00 8.00 474.00 31r.00 2,194.00 2,221.00 1,014.00 71.00 5.00 I,092.00 2,294.00 7.00 264,947.00 14,898.11 21,537.16 43,279.15 25,554.09 128,202.18 13,578.55 583.13 3,418.68 1,754.02 8,255.86 21,089.58 120.89 411.99 5,093.80 13,118.21 33,366.67 8,050.68 2,867.83 361.53 1,987.68 1,690.77 11,430.68 11,452.22 5,260.73 388.01 16.56 2,953.19 6,503.01 26.27 1,034,185.22 278.00 124.00 114.00 14.00 38.00 5.00 14.00 2.00 8.00 14.00 14.00 0.00 2.00 60.00 57.00 91.00 6.00 4.00 1.00 59.00 11.00 11.00 7.00 1.00 4.00 1.00 38.00 70.00 0.00 1,145.50 1,953.58 1,250.00 3,798.48 1,254.33 2,926.77 497.30 85.40 377.58 90.63 340.00 574.56 59.73 18.30 644.48 1,280.00 3,511.20 418.11 298.65 99.49 396.50 140.98 150.00 414.96 238.92 42.70 6.10 872.30 780.80 6.10 178,636.30 Service Units Fixed Svc Charge TOTALS 30,480 30,309 361 ,171 .00 1,622,600.70 1,421,436.45 2,193.50 201,164.25 Exhibit 1 City of Chula Vista Document No.: OBTAIN FROM CITY CLERK x5961 NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT Pursuant to the terms of that certain agreement entitled AGREEMENT TO PROVIDE CUSTOMER WATER CONSUMPTION DATA AND SEWER BILLING SERVICES (“Agreement”), entered into effective April 19, 2016 and expiring on June 30, 2021, between the City of Chula Vista (“City”) and Otay Water District, a Municipal Water District (“District”), the parties hereby agree to exercise the option to extend the term of the Agreement as follows: OPTION NO. 1 OF 5 OPTION TERM: July 1, 2021 JUNE 30, 2022 MAXIMUM COMPENSATION FOR OPTION TERM (AS AUTHORIZED BY ORIGINAL AGREEMENT): AS PROVIDED IN SECTION 3 OF THE AGREEMENT For services performed during this Option Term, District shall be compensated pursuant to the same terms and conditions as provided for in Section 3 of the Agreement. All other terms and conditions of the Agreement shall remain in full force and effect. CITY OF CHULA VISTA BY: _______________________________ Mary Casillas-Salas Mayor APPROVED AS TO FORM BY: _______________________________ GLEN R. GOOGINS CITY ATTORNEY ACKNOWLEDGED AND AGREED OTAY WATER DISTRICT BY: _______________________________ ENTER NAME OF SIGNATORY ENTER TITLE OF SIGNATORY FOR REFERENCE PURPOSES: Original Agreement No. Resolution No. Attachment C