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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/28/2016REGULAR BOARD MEETING/PUBLIC HEARING Closed Session Begins at 4:30 PM September 28, 2016 - 5:30 PM 31111 Greenspot Road, Highland, CA 92346 AGENDA "In order to comply with legal requirements for posting of agenda, only those items filed with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER ROLL CALL OF BOARD MEMBERS PUBLIC COMMENTS Any person wishing to speak to the Board of Directors is asked to complete a Speaker Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State of California Brown Act, the Board of Directors is prohibited from discussing or taking action on any item not listed on the posted agenda. The matter will automatically be referred to staff for an appropriate response or action and may appear on the agenda at a future meeting. AGENDA - This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the following agenda unless the Board of Directors makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the District subsequent to the posting of the agenda. 1.Approval of Agenda RECESS INTO CLOSED SESSION CLOSED SESSION 2.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(d) (1)] Name of Case: City of San Bernardino v. San Bernardino Valley Municipal Water District, et al., San Bernardino County Superior Court Case No. CIVDS1605532 3.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(d)(1) Name of Case: City of San Bernardino v. East Valley Water District, et al., San Bernardino County Superior Court Case No. CIVDS1608620 4.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(d)(1)] Name of Case: SoCal Environmental Justice Alliance v. San Bernardino Valley Municipal Water District, et al., San Bernardino County Superior Court Case No. CIVDS1605072 5.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2) One Potential Case 5:30 PM RECONVENE MEETING PLEDGE OF ALLEGIANCE ROLL CALL OF BOARD MEMBERS ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS PUBLIC COMMENTS 6.APPROVAL OF CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the Board of Directors to be routine and will be enacted in one motion. There will be no discussion of these items prior to the time the board considers the motion unless members of the board, the administrative staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. a.September 14, 2016 regular meeting minutes b.Financial Statements for August 2016 c.August 2016 Disbursements: Accounts payable disbursements for the period include check numbers 248351 through 248627, bank drafts, and ACH Payments in the amount of $2,964,923.81 and $346,858.15 for payroll. 7.Staff Presentation regarding Drought Response, proposed Ordinance 396, Resolution 2016.22 and Community Advisory Commission Policy OPEN PUBLIC HEARING 8.Public Comments CLOSE PUBLIC HEARING 9.Board Discussion 10.Adopt Ordinance 396 revising the definition of Water Shortage Emergency 11.Adopt Resolution 2016.22 adopting Districtwide Water Conservation Measures NEW BUSINESS 12.Association of San Bernardino County Special Districts (ASBCD) Board Member Support Resolution REPORTS 13.Board of Directors' Reports 14.General Manager/CEO Report 15.Legal Counsel Report 16.Board of Directors' Comments ADJOURN P LEASE NOT E: Materials related to an item on this agenda s ub mitted to the Board after dis trib utio n of the agenda pac ket are available for p ublic inspec tio n in the Dis tric t's offic e loc ated at 31111 G reens pot Rd., Highland , during no rmal bus iness ho urs. Als o, s uc h d o c uments are availab le o n the District's web s ite at www.eas tvalley.o rg sub ject to s taff's ab ility to post the d o cuments b efo re the meeting. P ursuant to Go vernment Co d e S ectio n 54954.2(a), any reques t fo r a dis ability-related modific ation or ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve- agendized p ublic meeting sho uld b e direc ted to the Dis tric t Clerk at (909) 885-4900 at leas t 72 hours prior to said meeting. 1 Minutes 9/14/2016 smg Draft Pending Approval EAST VALLEY WATER DISTRICT September 14, 2016 REGULAR BOARD MEETING MINUTES The Chairman of the Board called the meeting to order at 4:30 p.m. PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith ABSENT: None STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Justine Hendricksen, District Clerk; Shayla Gerber, Administrative Assistant LEGAL COUNSEL: Jean Cihigoyenetche GUEST(s): Members of the public PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 4:30 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S/C (Shelton-Smith) that the September 14, 2016 agenda be approved as submitted. CLOSED SESSION The Board entered into Closed Session at 4:31 p.m. as provided in the Ralph M. Brown Act Government Code Section 54956.9(d)(1) to discuss the item(s) listed on the agenda. THE BOARD RECONVENED THE MEETING AT 5:30 P.M. Mr . Tompkins led the flag salute. ROLL CALL PRESENT: Directors: Carrillo, Coats, Morales, Shelton, Smith ABSENT: None 2 Minutes 9/14/2016 smg ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2: No reportable action taken. With respect to Item #3: No reportable action taken. With respect to Item #4: No reportable action taken. PUBLIC COMMENTS Chairman Coats declared the public participation section of the meeting open at 5 :31 p.m. There being no written or verbal comments, the public participation section was closed. APPROVE THE AUGUST 10, 2016 REGULAR BOARD MEETING MINUTES M/S/C (Shelton-Smith) that the Board approve the August 10, 2016 regular board meeting minutes as submitted. APPROVE THE AUGUST 24, 2016 REGULAR BOARD MEETING MINUTES M/S/C (Shelton-Smith) that the Board approve the August 24, 2016 regular board meeting minutes as submitted. DIRECTORS’ FEES AND EXPENSES FOR AUGUST 2016 M/S/C (Shelton-Smith) that the Board approve the Directors’ fees and expenses for August 2016 as submitted. LEGISLATIVE UPDATE The Public Affairs/Conservation Manager reviewed primary activity to legislative bills that took place over the past few months and the District’s position on each topic. She stated that the session mostly focused on drought and conservation and the session concluded at the end of August. She listed the activities and actions that the District’s Legislative Advocacy participated in and how the District’s opinions were incorporated into some of the bills and how they may impact the District. She stated that the clock will reset for the legislative session in January and the District will continue to work with and maintain good relations with newly elected officials. Information only. 3 Minutes 9/14/2016 smg PAYNEARME AND SMART UTILITY SYSTEMS PROJECT UPDATES The Chief Financial Officer (CFO) gave a brief overview of the two new programs that are nearing deployment: PayNearMe, a third party cash payment solution, and Smart Utility Systems (SUS), an online customer portal. He reviewed the benefits to customers and the savings to the District due to the implementation of each program; he stated that both programs should be available for use by customers as early as November 1, 2016, pending testing. The CFO responded to questions from the Board, and stated that the Smart Utility Systems portal will be integrated with the Advanced Metering System soon after they are installed. The General Manager/CEO stated the importance to the District to utilize and keep up with the latest technology and that the idea of the program was a result of the District’s Leadership Academy. Information only. BOARD OF DIRECTORS’ REPORTS Director Smith reported on the following: on September 2nd he attended the Legislative & Public Outreach Committee meeting where he received a legislative update. Director Shelton reported on the following: on September 6th she attended the San Bernardino Valley Municipal Water District (SBVMWD) Board meeting where she received an update on the Sterling Natural Resource Center and the progress of the “E” Street park. Director Morales reported on the following: on September 6th he attended the City of San Bernardino Board of Water Commissioners meeting where they discussed the expansion of wells for the Santa Ana Sucker; on September 9th he received a District operational update from the General Manager/CEO. Vice Chairman Carrillo reported on the following: on September 2nd he attended the Legislative & Public Outreach Committee meeting where he received a legislative update. Chairman Coats reported on the following: on September 6th he attended the San Bernardino Valley Municipal Water District Board meeting where they adopted a grant agreement for the Upper Santa Ana River Habitat Conservation Plan. Information only. GENERAL MANAGER/CEO REPORT The General Manager/CEO reported on the following: on September 16th he will be attending the IEEP Education Council where he is a member on the board; and he 4 Minutes 9/14/2016 smg congratulated students of the Leadership Academy on their presentations that they presented to the management team this morning. The General Manager/CEO informed the Board of upcoming events: • September 21st – Conservation Commission meeting @ 6:00 p.m. • September 22nd – The District will be hosting a tour of the Anaheim MBR Demonstration Facility. • September 29th - The District will be holding its annual facilities tour. • November 15th - Community Open House at the Sterling Natural Resource Center site. More information will be available closer to the event. Information only. LEGAL COUNSEL REPORT No reports at this time. BOARD OF DIRECTORS’ COMMENTS Director Smith wished Director Morales a happy birthday. Director Morales acknowledged and thanked staff on how well they handled the Carriage Hill water main break. Chairman Coats stated that he is proud of East Valley Water District staff for using technology in a positive, effective and efficient manner, and that he is proud to be a part of it. He closed the meeting with the following statement, “Help insure your water future by supporting the Sterling Natural Resource Center”. Information only. ADJOURN The meeting adjourned at 6:23 p.m. ___________________________ Ronald L. Coats, Board President __________________________ John Mura, Secretary Recommended by: Jo hn Mura General Manager/CEO Res p ec tfully s ub mitted : Brian To mpkins Chief Financial Offic er BOARD AGENDA STAFF REPORT Agend a Item #6.b. Meeting Date: September 28, 2016 Co nsent Item To: Governing Bo ard Memb ers From: General Manager/CEO Subject: F inanc ial S tatements for Augus t 2016 RECOMMENDATION: Staff recommends that the Board of Direc tors ac cept and file the attached financial s tatements as of, and for the p eriod end ed , Augus t 31, 2016. BACKGROUND / ANALYSIS: Includ ed herewith for the Bo ard ’s review is a summary of East Valley Water Distric t’s financ ial results , as o f August 31, 2016. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e (E) - Practice transparent & acc o untab le fis cal management FISCAL IMPACT : T here is no fis c al imp ac t as s o c iated with this agenda item. ATTACHMENTS: Description Type August 2 016 Financial Statement Monthly Review Backup Material August 2 016 Financial Statements Backup Material FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 1 The following is a highlight summary of the District’s financial results as of August 31, 2016. Statement of Net Position Total assets at August 31, 2016 are $183.6 million. CLASSIFICATION WATER WASTEWATER DISTRICT TOTAL Cash and Investments $ 13,627,641 $ 4,189,892 $ 17,817,532 Utility Plant, Net 108,788,343 20,151,138 128,939,481 Other Assets 20,758,116 11,040,403 31,798,519 Current Liabilities 5,433,654 381,943 5,815,597 Long Term Liabilities 52,098,431 6,841,411 58,939,842 Beginning Net Position 83,479,185 27,835,671 111,314,856 Change in Equity 2,162,829 322,408 2,485,237 Total Net Position $ 85,642,015 $ 28,158,079 $ 113,800,093 Below is a summary of the District’s net position as of August 31, 2016. FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 2 Cash and Investments are $17.8 million for the month of August, an increase $1 million from the prior month. $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 CASH & INVESTMENTS Restricted Unrestricted Comparing current assets to current liabilities, the District has a current ratio at August 31, 2016 of 2.82 to 1, with 2 to 1 being an indication of sound financial condition. Statement of Revenues & Expenses Operating results are presented in three ways in the attached financial statements for the ten months ending August 31, 2016. First, is a one-page summary with monthly and year- to-date totals for revenue, and expenses presented by Expense Category. Second is a one-page summary with monthly and year-to-date totals for revenues and Expense by Program. Third is a Budget to Actual presentation of program expense detail. WATER WASTEWATER DISTRICT TOTAL Revenue $ 4,556,879 $ 2,169,235 $ 6,726,114 Expense 2,394,050 1,846,826 4,240,877 FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 3 Water Sales for August were $1,590,331, $52,331 (3%) over staff’s projections for the month. The billing periods during the month of August experienced an average temperature of 84 degrees, additionally the average Evapotranspiration Rates (ETo) for the period was 8.15 which is was 0.65 higher than last year. Water sales year to date are over projections $10,509. $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 Water Sale by Tier Tier 1 Tier 2 Tier 3 FY 2016-17 Projection FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 4 The chart below is a comparative illustration of current Water Revenue compared to last year’s Water Revenue. As noted in the graph Water Sales and Meter Charges increase over last year by 195,000 (9%). The increase is primarily attributed to the Board Adopted rate increase for FY 2016-17 effective July 1, 2016. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 1 year ago Current Comparative Water Revenue (Water Sales & Meter Charge) Meter Tier 1 Tier 2 Tier 3 FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 5 Water Fund Activities by Cost Center The graph below provides a Year-To-Date comparison of the Water Fund operating cost centers for FY 2015-16 and FY 2016-17. The largest change is in Administration. Administration increased $274K and the increase is aligned with the FY 2016-17 Adopted Budget. FINANCIAL STATEMENTS MONTHLY REVIEW AUGUST 31, 2016 page | 6 Wastewater Fund Activities by Cost Center The graph below provides a Year-To-Date comparison of the Wastewater Fund operating cost centers for FY 2015-16 and FY 2016-17. The largest increase is in Treatment which increased $110K compared to last year due to the new Sewer Treatment rate increases imposed by the City of San Bernardino effective July 1, 2016. WATER WASTEWATER DISTRICT TOTAL Assets: Current Assets: 01 Cash and Cash Equivalents 5,288,253.77$ 1,447,628.58$ 6,735,882.35$ 02 Investments 2,763,103.35 2,207,065.00 4,970,168.35 03 Accounts Receivable, Net 3,556,596.36 246,815.66 3,803,412.02 04 ‐Interest Receivable 5,951.06 3,377.19 9,328.25 05 Other Receivables 538,744.08 - 538,744.08 06 Due from other Governments 24,224.21 - 24,224.21 08 Inventory 203,942.55 6,721.16 210,663.71 09 Prepaid Expenses 71,208.02 19,078.77 90,286.79 12,452,023.40 3,930,686.36 16,382,709.76 Non-Current Assets: 10 Restricted Cash and Cash Equivalents 5,576,283.57 535,198.15 6,111,481.72 11 Capital Assets not being Depreciated 15,226,035.47 10,489,410.36 25,715,445.83 13 Capital Assets, Net 108,788,343.19 20,151,137.52 128,939,480.71 129,590,662.23 31,175,746.03 160,766,408.26 Total Assets:142,042,685.63 35,106,432.39 177,149,118.02 Deferred Outflow Of Resources yables Deferred Charge on Refunding 156,417.49 - 156,417.49 25 Deferred Outflows - Pensions 974,996.65 275,000.35 1,249,997.00 143,174,099.77 35,381,432.74 178,555,532.51 Current Liabilities: 22 Accounts Payable and Accrued Expenses 679,576.01 29,959.97 709,535.98 23 Accrued Payroll and Benefits 317,670.87 85,834.82 403,505.69 15 Customer Service Deposits 1,616,323.04 - 1,616,323.04 16 Construction Advances and Retentions 122,832.76 3,500.00 126,332.76 17 Accrued Interest Payable 430,093.03 55,881.25 485,974.28 18 Current Portion of Compensated Absences 258,472.59 93,808.69 352,281.28 19 Current Portion of Long-Term Debt 2,008,685.80 112,958.00 2,121,643.80 5,433,654.10 381,942.73 5,815,596.83 Non-Current Liabilities: 20 Compensated Absences, less current portion 326,705.71 62,858.95 389,564.66 28 Net Pension Liability 6,183,974.30 1,744,198.70 7,928,173.00 21 Long Term Debt, Less Current Portion 44,922,235.03 4,848,655.80 49,770,890.83 27 Other Liabilities 7,135.80 - 7,135.80 Deferred Inflows Of Resources 26 Deferred Inflows - Pensions 658,380.29 185,697.71 844,078.00 52,098,431.13 6,841,411.16 58,939,842.29 57,532,085.23 7,223,353.89 64,755,439.12 31 Equity 83,479,185.37 27,835,670.68 111,314,856.05 83,479,185.37 27,835,670.68 111,314,856.05 Tot Total Revenue 4,556,879.38 2,169,234.61 6,726,113.99 Tot Total Expense 2,394,050.21 1,846,826.44 4,240,876.65 2,162,829.17 322,408.17 2,485,237.34 85,642,014.54 28,158,078.85 113,800,093.39 143,174,099.77$ 35,381,432.74$ 178,555,532.51$ Total Liabilities, Equity and Current Surplus (Deficit): Total Total Beginning Equity: Equity: Revenues Over/Under Expenses Total Current Liabilities: Total Non-Current and Deferred Inflows of Resources: Total Liabilities and Deferred Inflows of Resources: Unaudited As of August 31, 2016 Combining Schedule of Net Position Total Equity and Current Surplus (Deficit): Total Assets and Deferred Outflows of Resources: Total Current Assets: Total Non-Current Assets: Page 1 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 1,590,330.74$ 3,005,508.60$ 13,500,000.00$ -$ -$ -$ 13,500,000.00$ 10,494,491.40$ 42 Meter Charges 749,182.31 1,429,333.67 8,960,000.00 - - - 8,960,000.00 7,530,666.33 43 Penalties 52,783.33 93,859.18 635,000.00 4,373.33 7,034.75 50,000.00 685,000.00 584,106.07 44 Wastewater System Charges - - - 380,509.15 759,399.53 4,460,000.00 4,460,000.00 3,700,600.47 45 Wastewater Treatment Charges - - - 711,354.79 1,348,911.37 7,610,000.00 7,610,000.00 6,261,088.63 46 Other Operating Revenue 32,873.51 41,969.26 170,000.00 125.00 53,888.96 190,000.00 360,000.00 264,141.78 47 Non Operating Revenue (16,051.29) (13,791.33) 120,000.00 - - 22,000.00 142,000.00 155,791.33 Revenue Total: 2,409,118.60 4,556,879.38 23,385,000.00 1,096,362.27 2,169,234.61 12,332,000.00 35,717,000.00 28,990,886.01 - - - - - Expense by Category 51 Labor 407,121.57 915,004.53 4,520,900.00 81,284.70 210,617.36 1,325,100.00 5,846,000.00 4,720,378.11 56 Benefits 105,919.26 405,425.84 1,876,400.00 24,028.54 115,665.76 567,600.00 2,444,000.00 1,922,908.40 63 Contract Services 176,543.18 324,776.26 3,390,800.00 744,147.80 1,408,590.32 8,600,200.00 11,991,000.00 10,257,633.42 65 Professional Development 14,143.37 32,864.20 266,900.00 4,337.18 12,488.27 102,100.00 369,000.00 323,647.53 53 Overtime 25,288.11 66,058.72 258,700.00 517.49 3,760.49 17,300.00 276,000.00 206,180.79 62 Materials and Supplies 120,270.95 168,454.21 1,460,600.00 18,011.23 18,886.97 154,400.00 1,615,000.00 1,427,658.82 64 Utilities 183,750.28 189,624.73 2,365,700.00 7,552.00 9,648.25 175,300.00 2,541,000.00 2,341,727.02 52 Temporary Labor 6,095.94 12,349.91 20,300.00 2,228.55 4,068.82 8,700.00 29,000.00 12,581.27 67 Other 8,344.20 145,129.65 208,900.00 3,514.31 62,132.20 89,100.00 298,000.00 90,738.15 54 Standby 2,492.56 6,016.56 33,000.00 112.00 968.00 2,000.00 35,000.00 28,015.44 61 Water Supply 87,166.08 128,345.60 1,245,000.00 - - - 1,245,000.00 1,116,654.40 71 -Debt Service - - 4,007,000.00 - - 317,000.00 4,324,000.00 4,324,000.00 81 -Capital Improvement - - 1,070,000.00 - - 210,000.00 1,280,000.00 1,280,000.00 82 -Capital Outlay - - 239,500.00 - - 70,000.00 309,500.00 309,500.00 83 -Accounting Income Add back - - - - - - - - Expense Total: 1,137,135.50 2,394,050.21 20,963,700.00 885,733.80 1,846,826.44 11,638,800.00 32,602,500.00 28,361,623.35 Total Surplus (Deficit): 1,271,983.10$ 2,162,829.17$ -$ 210,628.47$ 322,408.17$ -$ -$ -$ Unaudited Revenue and Expense Budget-to-Actual by Category Month Ended August 31, 2016 WATER WASTEWATER DISTRICT WIDE Page 2 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 1,590,330.74$ 3,005,508.60$ 13,500,000.00$ -$ -$ -$ 13,500,000.00$ 10,494,491.40$ 42 Meter Charges 749,182.31 1,429,333.67 8,960,000.00 - - - 8,960,000.00 7,530,666.33 43 Penalties 52,783.33 93,859.18 635,000.00 4,373.33 7,034.75 50,000.00 685,000.00 584,106.07 44 Wastewater System Charges - - - 380,509.15 759,399.53 4,460,000.00 4,460,000.00 3,700,600.47 45 Wastewater Treatment Charges - - - 711,354.79 1,348,911.37 7,610,000.00 7,610,000.00 6,261,088.63 46 Other Operating Revenue 32,873.51 41,969.26 170,000.00 125.00 53,888.96 190,000.00 360,000.00 264,141.78 47 Non Operating Revenue (16,051.29) (13,791.33) 120,000.00 - - 22,000.00 142,000.00 155,791.33 Revenue Total: 2,409,118.60 4,556,879.38 23,385,000.00 1,096,362.27 2,169,234.61 12,332,000.00 35,717,000.00 28,990,886.01 Progra 1000 - Board of Directors 9,217.93 16,387.16 148,400.00 3,833.59 6,864.04 63,600.00 212,000.00 188,748.80 Progra 2000 - General Administration 55,033.72 137,879.67 944,300.00 22,084.94 55,803.27 404,700.00 1,349,000.00 1,155,317.06 Progra 2100 - Human Resources 30,762.82 198,306.33 514,500.00 13,141.04 84,603.36 220,500.00 735,000.00 452,090.31 Progra 2200 - Public Affairs 26,702.40 64,117.43 509,100.00 21,985.47 39,693.95 508,900.00 1,018,000.00 914,188.62 Progra 2300 - Conservation 27,780.68 63,304.40 1,021,000.00 - - - 1,021,000.00 957,695.60 Progra 3000 - Finance 57,281.79 153,003.28 761,900.00 24,488.95 65,098.82 326,100.00 1,088,000.00 869,897.90 Progra 3200 - Information Technology 39,335.20 70,168.38 541,800.00 16,857.81 36,351.24 232,200.00 774,000.00 667,480.38 Progra 3300 - Customer Service 84,480.76 170,437.01 1,324,700.00 28,149.73 77,430.99 405,300.00 1,730,000.00 1,482,132.00 Progra 3400 - Meter Service 23,914.64 61,161.53 348,000.00 149.90 6,080.87 - 348,000.00 280,757.60 Progra 4000 - Engineering 59,877.65 182,307.99 846,200.00 20,290.43 54,440.25 372,800.00 1,219,000.00 982,251.76 Progra 5000 - Water Production 343,849.19 513,952.91 4,404,000.00 - - - 4,404,000.00 3,890,047.09 Progra 5100 - Water Treatment 85,316.99 126,754.32 827,000.00 - - - 827,000.00 700,245.68 Progra 5200 - Water Quality 24,082.95 77,420.87 407,000.00 - - - 407,000.00 329,579.13 Progra 6000 - Field Maintenance Administration 14,100.78 26,759.38 194,400.00 2,082.78 10,358.12 21,600.00 216,000.00 178,882.50 Progra 6100 - Water Maintenance 162,430.99 388,367.63 1,759,000.00 (156.00) (156.00) - 1,759,000.00 1,370,788.37 Progra 6200 - Wastewater Maintenance - - - 717,117.21 1,377,043.24 8,233,000.00 8,233,000.00 6,855,956.76 Progra 7000 - Facilities Maintenance 50,466.40 74,051.72 605,400.00 9,601.85 19,007.96 198,600.00 804,000.00 710,940.32 Progra 7100 - Fleet Maintenance 42,500.61 69,670.20 490,500.00 6,106.10 14,206.33 54,500.00 545,000.00 461,123.47 Progra 8000 - Capital - - 5,316,500.00 - - 597,000.00 5,913,500.00 5,913,500.00 Total Surplus (Deficit):1,271,983.10$ 2,162,829.17$ -$ 210,628.47$ 322,408.17$ -$ -$ -$ Revenue and Expense Budget-to-Actual by Program Month Ended August 31, 2016 Unaudited WATER WASTEWATER DISTRICT WIDE Page 3 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 1,590,330.74$ 3,005,508.60$ 13,500,000.00$ -$ -$ -$ 13,500,000.00$ 10,494,491.40$ 42 Meter Charges 749,182.31 1,429,333.67 8,960,000.00 - - - 8,960,000.00 7,530,666.33 43 Penalties 52,783.33 93,859.18 635,000.00 4,373.33 7,034.75 50,000.00 685,000.00 584,106.07 44 Wastewater System Charges - - - 380,509.15 759,399.53 4,460,000.00 4,460,000.00 3,700,600.47 45 Wastewater Treatment Charges - - - 711,354.79 1,348,911.37 7,610,000.00 7,610,000.00 6,261,088.63 46 Other Operating Revenue 32,873.51 41,969.26 170,000.00 125.00 53,888.96 190,000.00 360,000.00 264,141.78 47 Non Operating Revenue (16,051.29) (13,791.33) 120,000.00 - - 22,000.00 142,000.00 155,791.33 Revenue Total: 2,409,118.60 4,556,879.38 23,385,000.00 1,096,362.27 2,169,234.61 12,332,000.00 35,717,000.00 28,990,886.01 Program: 1000 - Board of Directors - - - 51 Labor 6,252.45$ 12,968.17$ 73,500.00$ 2,679.64$ 5,557.81$ 31,500.00$ 105,000.00$ 86,474.02$ 56 Benefits 577.93 950.48 28,700.00 221.45 364.73 12,300.00 41,000.00 39,684.79 63 Contract Services - - 7,700.00 - - 3,300.00 11,000.00 11,000.00 65 Professional Development 2,387.55 2,468.51 38,500.00 932.50 941.50 16,500.00 55,000.00 51,589.99 Program: 1000 - Board of Directors Total: 9,217.93 16,387.16 148,400.00 3,833.59 6,864.04 63,600.00 212,000.00 188,748.80 Program: 2000 - General Administration - - - 51 Labor 32,551.40 77,580.92 455,700.00 13,950.56 33,248.94 195,300.00 651,000.00 540,170.14 53 Overtime 61.32 186.88 - 26.28 80.08 - - (266.96) 56 Benefits 13,033.51 36,609.48 186,200.00 4,084.88 12,341.79 79,800.00 266,000.00 217,048.73 62 Materials and Supplies 623.02 737.92 7,000.00 267.01 376.25 3,000.00 10,000.00 8,885.83 63 Contract Services 6,856.50 6,856.50 210,000.00 2,938.50 2,938.50 90,000.00 300,000.00 290,205.00 64 Utilities 303.13 303.13 3,500.00 129.92 129.92 1,500.00 5,000.00 4,566.95 65 Professional Development 1,604.84 15,604.84 81,900.00 687.79 6,687.79 35,100.00 117,000.00 94,707.37 Program: 2000 - General Administration Total: 55,033.72 137,879.67 944,300.00 22,084.94 55,803.27 404,700.00 1,349,000.00 1,155,317.06 Program: 2100 - Human Resources - - - - 51 Labor 10,570.56 26,090.45 140,700.00 4,530.26 11,181.61 60,300.00 201,000.00 163,727.94 52 Temporary Labor 806.40 2,226.45 8,400.00 345.60 954.19 3,600.00 12,000.00 8,819.36 53 Overtime 72.68 518.01 2,100.00 31.15 222.01 900.00 3,000.00 2,259.98 56 Benefits 4,478.88 14,673.42 58,800.00 1,919.32 5,946.38 25,200.00 84,000.00 63,380.20 62 Materials and Supplies 68.87 68.87 4,900.00 29.52 29.52 2,100.00 7,000.00 6,901.61 63 Contract Services 4,743.69 5,394.84 67,200.00 2,033.01 2,312.08 28,800.00 96,000.00 88,293.08 64 Utilities 26.61 26.61 700.00 11.40 11.40 300.00 1,000.00 961.99 65 Professional Development 1,771.76 4,309.26 23,800.00 716.47 1,803.97 10,200.00 34,000.00 27,886.77 67 Other 8,223.37 144,998.42 207,900.00 3,524.31 62,142.20 89,100.00 297,000.00 89,859.38 Program: 2100 - Human Resources Total: 30,762.82 198,306.33 514,500.00 13,141.04 84,603.36 220,500.00 735,000.00 452,090.31 Program: 2200 - Public Affairs - - - - 51 Labor 12,168.71 30,951.23 148,000.00 10,431.06 20,637.94 148,000.00 296,000.00 244,410.83 52 Temporary Labor - 478.80 - - 205.20 - - (684.00) 53 Overtime 233.62 857.09 3,500.00 233.61 500.81 3,500.00 7,000.00 5,642.10 Month Ended August 31, 2016 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Page 4 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended August 31, 2016 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE 56 Benefits 2,529.81 13,300.77 53,000.00 1,744.38 6,057.81 53,000.00 106,000.00 86,641.42 62 Materials and Supplies 6,986.74 7,014.49 82,500.00 7,746.03 7,773.78 82,500.00 165,000.00 150,211.73 63 Contract Services 4,812.72 10,841.75 200,600.00 1,604.02 3,839.54 200,400.00 401,000.00 386,318.71 64 Utilities 88.59 88.59 11,500.00 88.58 88.58 11,500.00 23,000.00 22,822.83 65 Professional Development (117.79) 584.71 10,000.00 137.79 590.29 10,000.00 20,000.00 18,825.00 Program: 2200 - Public Affairs Total: 26,702.40 64,117.43 509,100.00 21,985.47 39,693.95 508,900.00 1,018,000.00 914,188.62 Program: 2300 - Conservation - - - - 51 Labor 18,382.75 42,396.86 102,000.00 - - - 102,000.00 59,603.14 52 Temporary Labor 896.00 2,856.00 - - - - - (2,856.00) 53 Overtime 216.62 671.20 8,000.00 - - - 8,000.00 7,328.80 56 Benefits 1,974.46 8,369.49 31,000.00 - - - 31,000.00 22,630.51 62 Materials and Supplies 1,637.00 4,337.00 524,000.00 - - - 524,000.00 519,663.00 63 Contract Services 4,586.85 4,586.85 303,000.00 - - - 303,000.00 298,413.15 64 Utilities 87.00 87.00 41,000.00 - - - 41,000.00 40,913.00 65 Professional Development - - 12,000.00 - - - 12,000.00 12,000.00 Program: 2300 - Conservation Total: 27,780.68 63,304.40 1,021,000.00 - - - 1,021,000.00 957,695.60 Program: 3000 - Finance - - - - 51 Labor 33,581.65 80,246.29 448,000.00 14,338.16 34,310.30 192,000.00 640,000.00 525,443.41 52 Temporary Labor 4,393.54 6,788.66 9,800.00 1,882.95 2,909.43 4,200.00 14,000.00 4,301.91 53 Overtime 247.68 1,036.85 2,100.00 106.14 106.14 900.00 3,000.00 1,857.01 56 Benefits 12,853.45 41,326.03 178,500.00 5,502.23 17,660.79 76,500.00 255,000.00 196,013.18 62 Materials and Supplies 1,216.45 1,216.45 4,200.00 521.33 521.33 1,800.00 6,000.00 4,262.22 63 Contract Services 3,836.66 21,065.29 98,700.00 1,644.28 9,027.97 42,300.00 141,000.00 110,906.74 64 Utilities 108.95 108.95 2,800.00 46.69 46.69 1,200.00 4,000.00 3,844.36 65 Professional Development 1,043.41 1,204.41 16,800.00 447.17 516.17 7,200.00 24,000.00 22,279.42 67 Other - 10.35 1,000.00 - - - 1,000.00 989.65 Program: 3000 - Finance Total: 57,281.79 153,003.28 761,900.00 24,488.95 65,098.82 326,100.00 1,088,000.00 869,897.90 Program: 3200 - Information Technology - - - - 51 Labor 17,961.58 37,984.12 203,000.00 7,697.82 19,224.92 87,000.00 290,000.00 232,790.96 52 Temporary Labor - - - - - - - - 53 Overtime - - - - - - - - 56 Benefits 2,042.95 11,293.10 72,800.00 875.41 8,172.95 31,200.00 104,000.00 84,533.95 62 Materials and Supplies 4,551.60 4,640.41 21,000.00 1,950.69 1,988.75 9,000.00 30,000.00 23,370.84 63 Contract Services 11,540.74 11,908.55 225,400.00 4,946.03 5,103.67 96,600.00 322,000.00 304,987.78 64 Utilities 340.89 340.89 3,500.00 146.10 146.10 1,500.00 5,000.00 4,513.01 65 Professional Development 2,897.44 4,001.31 16,100.00 1,241.76 1,714.85 6,900.00 23,000.00 17,283.84 Program: 3200 - Information Technology Total: 39,335.20 70,168.38 541,800.00 16,857.81 36,351.24 232,200.00 774,000.00 667,480.38 Program: 3300 - Customer Service - - - - 51 Labor 25,646.20 54,896.38 338,100.00 10,991.21 28,183.44 144,900.00 483,000.00 399,920.18 52 Temporary Labor - - 2,100.00 - - 900.00 3,000.00 3,000.00 53 Overtime 85.40 281.44 3,500.00 36.60 120.61 1,500.00 5,000.00 4,597.95 56 Benefits 7,447.61 30,589.55 163,800.00 3,191.56 20,896.00 70,200.00 234,000.00 182,514.45 Page 5 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended August 31, 2016 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE 62 Materials and Supplies 694.83 694.83 4,200.00 297.79 297.79 1,800.00 6,000.00 5,007.38 63 Contract Services 41,198.45 74,387.32 693,000.00 10,152.46 24,376.25 135,000.00 828,000.00 729,236.43 64 Utilities 8,143.59 8,322.76 107,100.00 3,490.11 3,566.90 45,900.00 153,000.00 141,110.34 65 Professional Development 1,143.85 1,143.85 12,900.00 - - 5,100.00 18,000.00 16,856.15 67 Other 120.83 120.88 - (10.00) (10.00) - - (110.88) Program: 3300 - Customer Service Total: 84,480.76 170,437.01 1,324,700.00 28,149.73 77,430.99 405,300.00 1,730,000.00 1,482,132.00 Program: 3400 - Meter Service - - - - 51 Labor 17,903.78 43,039.81 210,000.00 - - - 210,000.00 166,960.19 53 Overtime 808.19 1,342.93 20,000.00 - - - 20,000.00 18,657.07 56 Benefits 4,711.05 15,932.44 104,000.00 149.90 6,080.87 - 104,000.00 81,986.69 62 Materials and Supplies 38.82 183.85 4,000.00 - - - 4,000.00 3,816.15 63 Contract Services 357.16 566.86 8,000.00 - - - 8,000.00 7,433.14 64 Utilities 95.64 95.64 2,000.00 - - - 2,000.00 1,904.36 65 Professional Development - - - - - - - - Program: 3400 - Meter Service Total: 23,914.64 61,161.53 348,000.00 149.90 6,080.87 - 348,000.00 280,757.60 Program: 4000 - Engineering - - - - 51 Labor 37,774.00 77,129.25 377,200.00 13,510.82 34,710.53 171,800.00 549,000.00 437,160.22 52 Temporary Labor - - - - - - - - 53 Overtime 54.51 761.72 1,400.00 23.36 326.44 600.00 2,000.00 911.84 56 Benefits 8,883.57 34,479.96 190,400.00 3,842.32 15,735.95 81,600.00 272,000.00 221,784.09 62 Materials and Supplies 1,086.65 1,086.65 16,100.00 48.59 48.59 6,900.00 23,000.00 21,864.76 63 Contract Services 6,722.48 62,512.09 156,100.00 2,495.35 2,901.21 66,900.00 223,000.00 157,586.70 64 Utilities 3,722.28 4,704.16 86,100.00 369.99 657.53 36,900.00 123,000.00 117,638.31 65 Professional Development 1,634.16 1,634.16 18,900.00 - 60.00 8,100.00 27,000.00 25,305.84 Program: 4000 - Engineering Surplus Total: 59,877.65 182,307.99 846,200.00 20,290.43 54,440.25 372,800.00 1,219,000.00 982,251.76 Program: 5000 - Water Production - - - - 51 Labor 48,297.21 118,477.87 626,000.00 - - - 626,000.00 507,522.13 53 Overtime 5,048.32 10,770.84 36,000.00 - - - 36,000.00 25,229.16 54 Standby 1,060.00 2,780.00 15,000.00 - - - 15,000.00 12,220.00 56 Benefits 18,256.50 60,350.01 239,000.00 - - - 239,000.00 178,649.99 61 Water Supply 87,166.08 128,345.60 1,245,000.00 - - - 1,245,000.00 1,116,654.40 62 Materials and Supplies 23,800.02 30,349.44 279,000.00 - - - 279,000.00 248,650.56 63 Contract Services 8,288.38 10,761.22 341,000.00 - - - 341,000.00 330,238.78 64 Utilities 151,790.73 151,840.98 1,614,000.00 - - - 1,614,000.00 1,462,159.02 65 Professional Development 141.95 276.95 9,000.00 - - - 9,000.00 8,723.05 Program: 5000 - Water Production Total: 343,849.19 513,952.91 4,404,000.00 - - - 4,404,000.00 3,890,047.09 Program: 5100 - Water Treatment - - - - 51 Labor 16,408.46 40,385.33 217,000.00 - - - 217,000.00 176,614.67 53 Overtime 540.00 2,515.30 10,000.00 - - - 10,000.00 7,484.70 56 Benefits 6,583.86 20,234.12 69,000.00 - - - 69,000.00 48,765.88 62 Materials and Supplies 33,434.39 34,546.47 165,000.00 - - - 165,000.00 130,453.53 63 Contract Services 27,365.19 27,423.05 166,000.00 - - - 166,000.00 138,576.95 64 Utilities 985.09 1,650.05 200,000.00 - - - 200,000.00 198,349.95 Page 6 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended August 31, 2016 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 5100 - Water Treatment Total: 85,316.99 126,754.32 827,000.00 - - - 827,000.00 700,245.68 Program: 5200 - Water Quality - - - - 51 Labor 12,254.62 30,131.18 162,000.00 - - - 162,000.00 131,868.82 53 Overtime 661.77 2,328.72 4,000.00 - - - 4,000.00 1,671.28 56 Benefits 4,230.56 15,049.60 60,000.00 - - - 60,000.00 44,950.40 62 Materials and Supplies 1,235.98 1,235.98 18,000.00 - - - 18,000.00 16,764.02 63 Contract Services 5,622.62 28,597.99 161,000.00 - - - 161,000.00 132,402.01 64 Utilities 77.40 77.40 2,000.00 - - - 2,000.00 1,922.60 65 Professional Development - - - - - - - - Program: 5200 - Water Quality Total: 24,082.95 77,420.87 407,000.00 - - - 407,000.00 329,579.13 Program: 6000 - Field Maintenance Administration - - - - 51 Labor 8,095.06 15,344.65 94,500.00 1,086.22 5,351.33 10,500.00 105,000.00 84,304.02 52 Temporary Labor - - - - - - - - 53 Overtime - - - - - - - - 54 Standby 1,432.56 3,236.56 18,000.00 112.00 968.00 2,000.00 20,000.00 15,795.44 56 Benefits 1,398.69 5,003.70 37,800.00 539.94 3,694.17 4,200.00 42,000.00 33,302.13 62 Materials and Supplies - - 2,700.00 - - 300.00 3,000.00 3,000.00 63 Contract Services - - - - - - - - 64 Utilities 1,538.27 1,538.27 18,900.00 170.92 170.92 2,100.00 21,000.00 19,290.81 65 Professional Development 1,636.20 1,636.20 22,500.00 173.70 173.70 2,500.00 25,000.00 23,190.10 Program: 6000 - Field Maintenance Administration Tota 14,100.78 26,759.38 194,400.00 2,082.78 10,358.12 21,600.00 216,000.00 178,882.50 Program: 6100 - Water Maintenance - - - - 51 Labor 89,248.38 187,363.67 727,000.00 (156.00) (156.00) - 727,000.00 539,792.33 53 Overtime 16,507.16 42,206.94 150,000.00 - - - 150,000.00 107,793.06 56 Benefits 13,259.40 80,293.65 316,000.00 - - - 316,000.00 235,706.35 62 Materials and Supplies 30,897.51 65,569.48 232,000.00 - - - 232,000.00 166,430.52 63 Contract Services 9,718.64 10,133.99 334,000.00 - - - 334,000.00 323,866.01 64 Utilities 2,799.90 2,799.90 - - - - - (2,799.90) Program: 6100 - Water Maintenance Total: 162,430.99 388,367.63 1,759,000.00 (156.00) (156.00) - 1,759,000.00 1,370,788.37 Program: 6200 - Wastewater Maintenance - - - - 51 Labor - - - - 9,743.48 242,000.00 242,000.00 232,256.52 53 Overtime - - - - 1,592.72 3,000.00 3,000.00 1,407.28 56 Benefits - - - 1,066.13 12,054.46 115,000.00 115,000.00 102,945.54 62 Materials and Supplies - - - 4,514.19 4,514.19 32,000.00 32,000.00 27,485.81 Wastewater Treatment - - - 711,354.79 1,348,911.37 6,861,600.00 6,861,600.00 5,512,688.63 63 Contract Services - - - 182.10 227.02 979,400.00 979,400.00 979,172.98 Program: 6200 - Wastewater Maintenance Total:- - - 717,117.21 1,377,043.24 8,233,000.00 8,233,000.00 6,855,956.76 Page 7 of 8 ADOPTED AMENDED ADOPTED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended August 31, 2016 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 7000 - Facilities Maintenance - - - - 51 Labor 7,228.35 14,360.21 62,300.00 803.13 3,348.82 26,700.00 89,000.00 71,290.97 53 Overtime 823.52 2,843.03 17,500.00 91.50 924.07 7,500.00 25,000.00 21,232.90 56 Benefits 2,134.74 7,225.85 25,900.00 698.83 3,169.99 11,100.00 37,000.00 26,604.16 62 Materials and Supplies 3,775.81 3,959.87 33,900.00 1,500.16 1,579.05 8,100.00 42,000.00 36,461.08 63 Contract Services 31,358.21 36,518.80 306,600.00 4,353.97 6,099.85 83,400.00 390,000.00 347,381.35 64 Utilities 5,145.77 9,143.96 159,200.00 2,154.26 3,886.18 61,800.00 221,000.00 207,969.86 65 Professional Development - - - - - - - - Program: 7000 - Facilities Maintenance Total: 50,466.40 74,051.72 605,400.00 9,601.85 19,007.96 198,600.00 804,000.00 710,940.32 Program: 7100 - Fleet Maintenance - - - - 51 Labor 12,796.41 25,658.14 135,900.00 1,421.82 5,274.24 15,100.00 151,000.00 120,067.62 53 Overtime - 255.78 2,700.00 - 109.62 300.00 3,000.00 2,634.60 56 Benefits 1,449.61 9,226.18 59,400.00 161.04 3,267.86 6,600.00 66,000.00 53,505.96 62 Materials and Supplies 10,223.26 12,812.50 62,100.00 1,135.92 1,757.72 6,900.00 69,000.00 54,429.78 63 Contract Services 9,534.89 13,221.16 112,500.00 2,443.29 2,852.86 12,500.00 125,000.00 108,925.98 64 Utilities 8,496.44 8,496.44 113,400.00 944.03 944.03 12,600.00 126,000.00 116,559.53 65 Professional Development - - 4,500.00 - - 500.00 5,000.00 5,000.00 Program: 7100 - Fleet Maintenance Total: 42,500.61 69,670.20 490,500.00 6,106.10 14,206.33 54,500.00 545,000.00 461,123.47 Program: 8000 - Capital - - - 71 -Debt Service - - 4,007,000.00 - - 317,000.00 4,324,000.00 4,324,000.00 81 -Capital Improvement - - 1,070,000.00 - - 210,000.00 1,280,000.00 1,280,000.00 82 -Capital Outlay - - 239,500.00 - - 70,000.00 309,500.00 309,500.00 83 -Accounting Income Add back - - - - - - - - Program: 8000 - Capital Total:- - 5,316,500.00 - - 597,000.00 5,913,500.00 5,913,500.00 Total Surplus (Deficit): 1,271,983.10$ 2,162,829.17$ -$ 210,628.47$ 322,408.17$ -$ -$ -$ Page 8 of 8 BOARD AGENDA STAFF REPORT Agenda Item #6.c. Meeting Date: September 28, 2016 Co nsent Item To: Governing Bo ard Memb ers From: General Manager/CEO Subject: Augus t 2016 Dis bursements : Ac c o unts payab le d is b urs ements fo r the perio d include chec k numbers 248351 thro ugh 248627, b ank drafts, and ACH Payments in the amount of $2,964,923.81 and $346,858.15 for p ayro ll. RECOMMENDATION: Staff rec o mmend s that the Board of Directo rs review and approve the District’s expense d is b urs ements fo r the p eriod Augus t 1, 2016 thro ugh August 31, 2016 in the amount o f $3,311,781.96. BACKGROUND / ANALYSIS: In the c o ntinued effort to be fisc ally trans p arent, the payment register fo r s upplies , materials , servic es , and p ayro ll for August 2016 is attac hed fo r review and app ro val. This p roc es s provid es the Board and the p ublic an o pportunity to review the exp ens es of the Dis tric t. Acc o unts P ayab le is p roc es s ed weekly, while payroll is p roc es s ed b i-weekly. Information to justify eac h exp enditure is availab le thro ugh the Finance Dep artment. Acc o unts payable d is b urs ements fo r the perio d inc lude c hec k numbers 248351 through 248627, bank drafts , and ACH Payments in the amount o f $2,964,923.81 and $346,858.15 for payroll. Significant exp ens es greater than o r equal to $50,000 are further explained b elo w: Recommended by: Jo hn Mura General Manager/CEO Res p ec tfully s ub mitted : Brian To mpkins Chief Financial Offic er AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e (E) - Practice transparent & acc o untab le fis cal management FISCAL IMPACT : Sufficient funds have been budgeted in the adopted FY 2016-17 Budget. ATTACHMENTS: Description Type August 2 016 P ayment Register Backup Material PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/02/2016 248351 PAULETTE J LOPEZ 963.00$ 08/04/2016 248352 LINDA AUZENNE 271.65 08/04/2016 248353 CARMELO VILLICANA 29.43 08/04/2016 248354 TOP GROUP REAL ESTATE LLC 34.39 08/04/2016 248355 ANA GARCIA 23.24 08/04/2016 248356 ALI SYED 36.98 08/04/2016 248357 BRUCE HOLLE 22.85 08/04/2016 248358 GROUP VII COVINA #783 70.22 08/04/2016 248359 SARAH CASTILLO 46.19 08/04/2016 248360 OAK PROJECT MANAGEMENT 82.46 08/04/2016 248361 ROBERT SCOTT 39.45 08/04/2016 248362 RENATO FARIAS 73.65 08/04/2016 248363 SAMMI CHAMAA 88.83 08/04/2016 248364 RHONDA CHAPMAN 10.56 08/04/2016 248365 JOHN DIXON 53.62 08/04/2016 248366 RICHARD LE 33.65 08/04/2016 248367 ONLINE RESOURCES CORPORATION 131.50 08/04/2016 248368 JEANNE BARBOSA 104.82 08/04/2016 248369 SCOTT NEWELL 153.26 08/04/2016 248370 ARMANDO ESPINOZA 150.00 08/04/2016 248371 DEBBIE KAMRANI 150.00 08/04/2016 248372 ELIZABETH HILL 200.00 08/04/2016 248373 ERNEST WONG 200.00 08/04/2016 248374 GARY RHODES 150.00 08/04/2016 248375 JAVIER URENO 178.00 08/04/2016 248376 JOHN KUZDAL 2,500.00 08/04/2016 248377 KEVIN ROCK 200.00 08/04/2016 248378 LE T DO 200.00 08/04/2016 248379 MARIA NAPOLES 200.00 08/04/2016 248380 MARILYN A DONAHUE 150.00 08/04/2016 248381 RUSSELL HAMPTON 100.00 08/04/2016 248382 TODD LEWIS 2,164.00 08/04/2016 248383 ACCOUNTEMPS 1,710.80 08/04/2016 248384 ADP SCREENING 71.76 08/04/2016 248385 AIR CHIEF, INC. 799.93 08/04/2016 248386 BOYLIN MANAGEMENT INSTITUTE 375.00 08/04/2016 248387 BRADEN HEYWOOD DBA GENESIS INDUSTRIAL SUPPLY 691.02 08/04/2016 248388 BURGESS MOVING & STORAGE 892.62 08/04/2016 248389 BURRTEC WASTE (GROUP) INDUSTRIES, INC. 238.36 08/04/2016 248390 CHEM-TECH INTERNATIONAL INC 2,111.65 08/04/2016 248391 CINTAS CORPORATION 110.86 08/04/2016 248392 COMPUTERIZED EMBROIDERY COMPANY, INC 2,322.00 08/04/2016 248393 DANGELO CO INC 80,644.08 08/04/2016 248394 DENTAL HEALTH SERVICES 645.75 08/04/2016 248395 DIRECTV 241.97 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 1 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/04/2016 248396 EVERSOFT, INC 384.56 08/04/2016 248397 EXPERIAN 152.96 08/04/2016 248398 GARY YOUNG 441.53 08/04/2016 248399 GENERAL SECURITY SERVICES, INC. 259.00 08/04/2016 248400 HATFIELD BUICK 362.15 08/04/2016 248401 HENRY SOWLE 451.46 08/04/2016 248402 INLAND WATER WORKS SUPPLY CO 4,288.77 08/04/2016 248403 K & L HARDWARE 71.25 08/04/2016 248404 LAMAR TRANSIT, LLC 125.00 08/04/2016 248405 MICHAEL REARDON 451.46 08/04/2016 248406 MINUTEMAN PRESS OF RANCHO CUCAMONGA 1,453.18 08/04/2016 248407 MWH AMERICAS, INC. 3,050.59 08/04/2016 248408 PILAR ONATE 13,500.00 08/04/2016 248409 POMONA VALLEY WORKSHOP 2,249.50 08/04/2016 248410 RS HUGHES CO INC 229.34 08/04/2016 248411 SCN, SECURITY COMMUNICATION NETWORK, INC 285.00 08/04/2016 248412 SILVIA VEGA 150.00 08/04/2016 248413 STAPLES BUSINESS ADVANTAGE 1,823.73 08/04/2016 248415 THE GAS COMPANY 76.89 08/04/2016 248416 TYLER TECHNOLGIES 440.00 08/11/2016 248417 ACCOUNTEMPS 1,586.34 08/11/2016 248418 ALEX LARIOS-RIVAS 120.00 08/11/2016 248419 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS LLC 1,359.67 08/11/2016 248420 BRINKS INCORPORATED 1,230.86 08/11/2016 248421 CAL DISPOSAL 257.80 08/11/2016 248422 CITY OF SAN BERNARDINO, PUBLIC WORKS DEPT 2,799.90 08/11/2016 248423 CSR AIR CONDITIONING & HEATING 2,422.00 08/11/2016 248424 CULLIGAN OF ONTARIO 50.00 08/11/2016 248425 DANGELO CO INC 14,535.45 08/11/2016 248426 HUB CONSTRUCTION SPECIALTIES 207.32 08/11/2016 248427 HUMBERTO ALARCON 43.19 08/11/2016 248428 INLAND WATER WORKS SUPPLY CO 1,713.73 08/11/2016 248429 K & L HARDWARE 28.04 08/11/2016 248430 PETTY CASH 39.57 08/11/2016 248431 POMONA VALLEY WORKSHOP 1,160.50 08/11/2016 248432 STAPLES BUSINESS ADVANTAGE 1,351.29 08/11/2016 248433 UNION BANK, CORPORATE TRUST DIVISION 2,720.00 08/11/2016 248434 WILLDAN FINANCIAL SERVICES 973.59 08/11/2016 248435 VIVAO ALAFAIO 1.98 08/11/2016 248436 FREO CA LLC 8.82 08/11/2016 248437 TRP FUND II LLC 30.79 08/11/2016 248438 FRANCES MORONGO-DE LOS REYES 3,225.72 08/11/2016 248439 GEORGE MURRILLO 3,060.26 08/11/2016 248440 ZUKAZA LLC 261.92 08/11/2016 248441 MIRIAM SAHAGUN 16.04 08/11/2016 248442 BRECKENRIDGE PROPERTY FUND 2015, LLC 5.14 08/11/2016 248443 FREO CA LLC 34.66 08/11/2016 248444 WES SWOGGER 72.80 08/11/2016 248445 ISMAEL SUNNY NEVAREZ 73.22 08/12/2016 248446 CUMMINS PACIFIC, LLC 10,496.08 08/17/2016 248457 ACCOUNTEMPS 1,700.96 08/17/2016 248458 APPLIED MAINTENANCE SUPPLIES & SOLUTIONS LLC 1,451.64 08/17/2016 248459 BURGESS MOVING & STORAGE 892.62 08/17/2016 248460 CDW GOVERNMENT 194.90 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 2 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/17/2016 248461 CHEM-TECH INTERNATIONAL INC 24,711.12 08/17/2016 248462 COUNTY OF SAN BERNARDINO, DEPT OF PUBLIC WORKS 1,697.00 08/17/2016 248463 DIB'S SAFE & LOCK SERVICE 20,512.26 08/17/2016 248464 EAST HIGHLANDS RANCH MASTERS HOME OWNERS ASSOC., INC 2,700.00 08/17/2016 248465 EILEEN BATEMAN 570.00 08/17/2016 248466 EMPLOYMENT DEVELOPMENT DEPT. 574.00 08/17/2016 248467 ERIC CHAMBERLIN 550.00 08/17/2016 248468 FEDERAL EXPRESS CORPORATION 43.40 08/17/2016 248469 FLEET MANAGEMENT DEPARTMENT 439.95 08/17/2016 248470 FRONTIER COMMUNICATIONS 1,073.49 08/17/2016 248471 G3LA, GREEN GARDENS GROUP LLC 1,750.00 08/17/2016 248472 GE WATER & PROCESS TECHNOLOGIES 21,670.53 08/17/2016 248473 GLADWELL GOVERNMENTAL SERVICES INC 480.00 08/17/2016 248474 GOVERNOR'S OFFICE OF EMERGENCY SERVICES 18,743.87 08/17/2016 248475 HATFIELD BUICK 396.27 08/17/2016 248476 HIGHLAND COMMUNITY NEWS 900.00 08/17/2016 248477 INLAND DESERT SECURITY & COMMUNICATIONS, INC 727.10 08/17/2016 248478 INLAND WATER WORKS SUPPLY CO 5,095.80 08/17/2016 248479 K & L HARDWARE 59.73 08/17/2016 248480 KONICA MINOLTA 1,263.84 08/17/2016 248481 KONICA MINOLTA BUSINESS 405.06 08/17/2016 248482 LAMAR TRANSIT, LLC 900.00 08/17/2016 248483 MINUTEMAN PRESS OF RANCHO CUCAMONGA 5,310.27 08/17/2016 248484 NEOPOST USA INC 367.20 08/17/2016 248485 POMONA VALLEY WORKSHOP 770.00 08/17/2016 248486 RS HUGHES CO INC 12.90 08/17/2016 248487 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 15,472.89 08/17/2016 248488 SAN BERNARDINO VALLEY MUNICIPAL WATER DEPARTMENT 37,979.45 08/17/2016 248489 SOUTH COAST A Q M D 958.42 08/17/2016 248490 SOUTHERN CALIFORNIA EDISON COMPANY 22.42 08/17/2016 248491 STAPLES BUSINESS ADVANTAGE 672.62 08/17/2016 248492 TYLER TECHNOLGIES 440.00 08/17/2016 248493 U.S. BANCORP SERVICE CENTER 26,202.50 08/17/2016 248499 ULINE, INC. 166.82 08/17/2016 248500 VALERO MARKETING & SUPPLY COMP 8,944.93 08/18/2016 248501 BETTYE JONES 153.49 08/18/2016 248502 EDWARD HARDING 75.00 08/18/2016 248503 EDWARD HARDING 75.00 08/18/2016 248504 ERAN FATTAL 7.53 08/18/2016 248505 ERAN FATTAL 41.03 08/18/2016 248506 TINA LOPEZ 115.00 08/18/2016 248507 TRP FUND II LLC 30.79 08/18/2016 248508 FRANCES MORONGO-DE LOS REYES 3,225.72 08/18/2016 248509 GEORGE MURRILLO 3,060.26 08/18/2016 248510 ZUKAZA LLC 261.92 08/18/2016 248511 MIRIAM SAHAGUN 16.04 08/18/2016 248512 BRECKENRIDGE PROPERTY FUND 2015, LLC 5.14 08/18/2016 248513 FREO CA LLC 34.66 08/18/2016 248514 WES SWOGGER 72.80 08/18/2016 248515 ISMAEL SUNNY NEVAREZ 73.22 08/18/2016 248516 MWH AMERICAS, INC. 28,948.00 08/18/2016 248517 PLUMBERS DEPOT INC. 407,780.40 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 3 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/18/2016 248614 ANA GARCIA 26.37 08/18/2016 248615 ADRIAN MONARREZ 33.39 08/18/2016 248616 JAMES S DAVIDSON 43.49 08/18/2016 248617 CAROLINE GIM 20.49 08/18/2016 248618 LLG CONSTRUCTION INC 22.54 08/18/2016 248619 OAK PROJECT MANAGEMENT 1.65 08/24/2016 248518 SECRETARY OF STATE 40.00 08/24/2016 248519 JENNIFER RONQUILLO 60.80 08/24/2016 248520 ELIZABETH DONOVAN 41.87 08/24/2016 248521 PACO MARTINEZ 4.28 08/24/2016 248522 NATHAN GIFFORD 15.88 08/24/2016 248523 KAREN LIZARRAGA 7.09 08/24/2016 248524 REBECCA GARCIA 76.40 08/24/2016 248525 RONG YANG 1,545.10 08/24/2016 248526 ANGELINA VILLESCAS 16.14 08/24/2016 248527 DONG BAI XU 142.42 08/24/2016 248528 PAUL HEM 65.78 08/24/2016 248529 LESVIA B GONZALEZ 32.78 08/24/2016 248530 JOANNE FUENTES 24.53 08/24/2016 248531 TIENSA NGUYEN 68.47 08/24/2016 248532 G C INVESTMENTS, LLC 40.34 08/24/2016 248533 RAHMAN GERREN 2.38 08/24/2016 248534 CENTURY 21 LOIS LAUER 41.67 08/24/2016 248535 ROSA CHIPREZ 12.71 08/24/2016 248536 CHARLES SANTOS 1,106.00 08/24/2016 248537 ACCOUNTEMPS 1,624.83 08/24/2016 248538 ANDREW MATA 1,617.00 08/24/2016 248539 ASBCSD 60.00 08/24/2016 248540 AT&T 755.14 08/24/2016 248541 CATHI SORNEY 600.00 08/24/2016 248542 CHEM-TECH INTERNATIONAL INC 2,897.13 08/24/2016 248543 EVWD EMPLOYEES EVENTS ASSOC 71.14 08/24/2016 248544 EYE MED VISION CARE 828.24 08/24/2016 248545 FRONTIER COMMUNICATIONS 423.17 08/24/2016 248546 G3LA, GREEN GARDENS GROUP LLC 1,500.00 08/24/2016 248547 K & L HARDWARE 141.40 08/24/2016 248548 METROPOLITAN LIFE INS CO 162.12 08/24/2016 248549 NORTH FORK WATER CO 299.71 08/24/2016 248550 PHOENIX LIFE INSURANCE COMPANY 81.86 08/24/2016 248551 POMONA VALLEY WORKSHOP 770.00 08/24/2016 248552 SAN BDNO CO FIRE PROTECTION 1,180.00 08/24/2016 248553 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT 637,556.58 08/24/2016 248554 SAN BERNARDINO VALLEY MUNICIPAL WATER DEPARTMENT 103,111.31 08/24/2016 248555 SOUTHERN CALIFORNIA EDISON COMPANY 149,807.58 08/24/2016 248556 STAPLES BUSINESS ADVANTAGE 103.20 08/24/2016 248557 THE GAS COMPANY 14.30 08/25/2016 248620 SABRINA HUNTON 72.91 08/25/2016 248621 ANN HUYNH 71.29 08/25/2016 248622 ZUKAZA LLC 198.59 08/25/2016 248623 NICHOLE HASKEW 48.41 08/25/2016 248624 BOB W LANCASTER 224.16 08/25/2016 248625 JENNIFER MACKIE 58.40 08/25/2016 248626 NESTOR ALVAREZ 100.00 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 4 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/25/2016 248627 LISA ESPINOSA-QUINTANA 25.74 08/31/2016 248558 LE T DO 12.98 08/31/2016 248559 CEL ARDEN ZALSOS 100.00 08/31/2016 248560 JOANNE CHAPARRO 650.00 08/31/2016 248561 ACCOUNTEMPS 1,364.36 08/31/2016 248562 ADP, INC 213.20 08/31/2016 248563 AMAZON.COM, LLC 6,164.28 08/31/2016 248564 BOARD OF WATER COMMISSIONERS 3,658.00 08/31/2016 248565 CHEM-TECH INTERNATIONAL INC 23,362.21 08/31/2016 248566 COLONIAL LIFE, PREMIUM 994.48 08/31/2016 248567 DANGELO CO INC 8,779.97 08/31/2016 248568 DENTAL HEALTH SERVICES 553.50 08/31/2016 248569 DIRECTV 231.97 08/31/2016 248570 EXPERIAN 152.96 08/31/2016 248571 FLEET METAL BOX CORP 885.16 08/31/2016 248572 FRONTIER COMMUNICATIONS 45.91 08/31/2016 248573 GE ANALYTICAL INSTRUMENT INC 3,852.29 08/31/2016 248574 HATFIELD BUICK 429.59 08/31/2016 248575 HD SUPPLY WATERWORKS, LTD 1,576.00 08/31/2016 248576 HERMANOS TEST ONLY 50.00 08/31/2016 248577 HUB CONSTRUCTION SPECIALTIES 1,493.14 08/31/2016 248578 INLAND WATER WORKS SUPPLY CO 4,695.09 08/31/2016 248579 K & L HARDWARE 95.89 08/31/2016 248580 MICHAEL J SYRKO, JR 4,206.60 08/31/2016 248581 MILESTONE TROPHIES & AWARDS 25.11 08/31/2016 248582 NAPA AUTO PARTS 131.47 08/31/2016 248583 NEOPOST USA INC 240.00 08/31/2016 248584 POMONA VALLEY WORKSHOP 1,039.50 08/31/2016 248585 RONALD C. BRAATZ, LIFTOFF, LLC 18,657.60 08/31/2016 248586 SAFETY KLEEN CORP 201.21 08/31/2016 248587 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT 1,679.00 08/31/2016 248588 STAPLES BUSINESS ADVANTAGE 894.92 08/31/2016 248589 VALLEY OFFICE EQUIPMENT 26.62 BANK DRAFTS 08/02/2016 DFT0001555 CALPERS/ MEDICAL 73,452.84$ 08/02/2016 DFT0001556 CALPERS/ RETIREMENT 132.52 08/03/2016 DFT0001572 Medicare 6,683.76 08/10/2016 DFT0001559 CALPERS/ RETIREMENT 19,527.11 08/10/2016 DFT0001560 CALPERS/ RETIREMENT 2,652.49 08/10/2016 DFT0001561 CALPERS/ RETIREMENT 230.02 08/10/2016 DFT0001562 CALPERS/ RETIREMENT 65.52 08/10/2016 DFT0001563 CALPERS/ DEFERRED COMPENSATION 12,990.83 08/10/2016 DFT0001564 CA SDI Tax 1,927.08 08/10/2016 DFT0001565 CALPERS/ RETIREMENT 2,712.51 08/10/2016 DFT0001566 CALPERS/ RETIREMENT 808.19 08/10/2016 DFT0001567 CALPERS/ RETIREMENT 63.24 08/10/2016 DFT0001569 CALPERS/ RETIREMENT 12,957.79 08/10/2016 DFT0001570 CALPERS/ RETIREMENT 153.05 08/10/2016 DFT0001571 Federal Payroll Tax 28,598.41 08/10/2016 DFT0001573 MERCHANT BANKCD 7,299.89 08/10/2016 DFT0001574 Social Security 153.02 08/10/2016 DFT0001575 STATE DISBURSEMENT UNIT 3,248.97 08/10/2016 DFT0001576 State Payroll Tax 9,688.59 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 5 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/10/2016 DFT0001595 FORTE, ACH DIRECT INC, ACH FEES 364.15 08/10/2016 DFT0001602 TRANSFIRST DISCOUNT 8,741.71 08/15/2016 DFT0001577 CALPERS,GASB & 1959 SURVIVOR BENEFITS 1,300.00 08/19/2016 DFT0001578 CA SDI Tax 20.39 08/19/2016 DFT0001579 Federal Payroll Tax 306.41 08/19/2016 DFT0001580 State Payroll Tax 75.08 08/19/2016 DFT0001581 Medicare 65.70 08/19/2016 DFT0001601 VERIFONE INC 22.00 08/22/2016 DFT0001596 CBB 3,247.96 08/24/2016 DFT0001584 CALPERS, UAL PAYMENT 36,902.01 08/24/2016 DFT0001585 CALPERS/ DEFERRED COMPENSATION 12,990.83 08/24/2016 DFT0001586 CALPERS/ RETIREMENT 2,686.14 08/24/2016 DFT0001587 CALPERS/ RETIREMENT 230.02 08/24/2016 DFT0001588 CALPERS/ RETIREMENT 2,626.71 08/24/2016 DFT0001589 CALPERS/ RETIREMENT 20,689.15 08/24/2016 DFT0001590 CALPERS/ RETIREMENT 13,776.98 08/24/2016 DFT0001591 CALPERS/ RETIREMENT 808.19 08/24/2016 DFT0001592 CALPERS/ RETIREMENT 64.17 08/24/2016 DFT0001593 CALPERS/ RETIREMENT 153.05 08/24/2016 DFT0001599 STATE DISBURSEMENT UNIT 3,248.97 08/26/2016 DFT0001583 CA SDI Tax 2,055.48 08/26/2016 DFT0001594 Federal Payroll Tax 30,622.16 08/26/2016 DFT0001597 Medicare 7,557.56 08/26/2016 DFT0001598 Social Security 770.04 08/26/2016 DFT0001600 State Payroll Tax 9,954.44 08/26/2016 DFT0001604 VERIFONE INC 22.00 08/26/2016 DFT0001605 VERIFONE INC 22.00 ACH PAYMENTS 08/04/2016 10001642 ADS ENVIRONMENTAL SERVICES 1,500.00$ 08/04/2016 10001643 ASHOK K. DHINGRA 17,262.30 08/04/2016 10001644 BOOT BARN, INC 1,534.76 08/04/2016 10001645 CLEARFLY COMMUNATIONS 1,340.12 08/04/2016 10001646 DAVID HERNANDEZ 258.78 08/04/2016 10001647 FARMER BROS. CO 161.95 08/04/2016 10001648 FERGUSON ENTERPRISES, INC. 180.05 08/04/2016 10001649 FRED STAFFORD 459.20 08/04/2016 10001650 G & K SERVICES, CO. 1,214.67 08/04/2016 10001651 GARY STURDIVAN 567.78 08/04/2016 10001652 GERALD SIEVERS 81.00 08/04/2016 10001653 GORDON GRANT 489.95 08/04/2016 10001654 ICMA RETIREMENT CORPORATION 250.00 08/04/2016 10001655 INDUSTRIAL RUBBER & SUPPLY 16.24 08/04/2016 10001656 JAMES BROWNING 650.00 08/04/2016 10001657 JANA FOX 458.71 08/04/2016 10001658 KATZ & ASSOCIATES, INC 731.25 08/04/2016 10001659 LANDS END INC 4,324.89 08/04/2016 10001661 LINCOLN NATIONAL LIFE INS CO. 1,933.43 08/04/2016 10001662 MANAGED HEALTH NETWORK 241.92 08/04/2016 10001663 MERLIN JOHNSON CONSTRUCTION 202,280.57 08/04/2016 10001664 MICHAEL HENDERSON 552.66 08/04/2016 10001665 NETWORK FLEET, INC 124.75 08/04/2016 10001666 PACIFIC COAST TOOL & SUPPLY 2,044.80 08/04/2016 10001667 PARSONS BRINCKERHOFF, INC 1,659.50 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 6 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/04/2016 10001668 PLUS 1 PERFORMANCE 89.70 08/04/2016 10001669 PRINCIPAL FINANCIAL GROUP 6,423.86 08/04/2016 10001670 PROCESS SOLUTIONS, INC 598.88 08/04/2016 10001671 PSA PRINTING & MAILING SERVICES, INC 132.93 08/04/2016 10001672 RDO CONSTRUCTION EQUIPMENT CO 83.10 08/04/2016 10001673 REBECCA KASTEN 650.00 08/04/2016 10001674 SAFETY COMPLIANCE COMPANY 600.00 08/04/2016 10001675 SCHUBERT ENTERPRISES INC 110.00 08/04/2016 10001676 SPECIAL DISTRICT RISK MGMT 500.00 08/04/2016 10001677 STEVEN FARRINGTON 650.00 08/04/2016 10001678 STUBBIES PROMOTIONS INC 2,323.34 08/04/2016 10001679 THE WINNER INDUSTRIAL SUPPLY INC 3,234.51 08/04/2016 10001680 THOMAS P ORTON 377.23 08/04/2016 10001681 UNDERGROUND SERVICE ALERT 172.50 08/04/2016 10001682 VULCAN MATERIALS COMPANY 4,110.61 08/04/2016 10001683 WAXIE SANITARY SUPPLY 750.29 08/12/2016 10001684 ARCADIS U.S., INC 2,657.00 08/12/2016 10001685 CLIFF'S PEST CONTROL 426.00 08/12/2016 10001686 COUNTY OF SAN BERNARDINO, RECORDER- CLERK 651.00 08/12/2016 10001687 FSA Only/East Valley Water District 1,583.81 08/12/2016 10001689 PSA PRINTING & MAILING SERVICES, INC 197.12 08/12/2016 10001690 SCHUBERT ENTERPRISES INC 195.00 08/17/2016 10001691 ADVANCED TELEMETRY SYSTEMS INTERNATIONAL, INC. 1,820.00 08/17/2016 10001692 ASHOK K. DHINGRA 12,887.49 08/17/2016 10001693 AUTOMATED GATE SERVICE, INC. 5,150.00 08/17/2016 10001694 CLINICAL LAB OF S B 4,224.00 08/17/2016 10001695 CORELOGIC SOLUTIONS INC. 315.00 08/17/2016 10001696 ENVIRONMENTAL SCIENCE ASSOCIATES/ESA 19,484.96 08/17/2016 10001697 EXCEL LANDSCAPE, ICN 12,200.00 08/17/2016 10001698 EZEQUIEL ELECTRIC, INC. 2,087.00 08/17/2016 10001699 G & K SERVICES, CO. 1,359.72 08/17/2016 10001702 G M SAGER CONSTRUCTION CO, INC 22,220.00 08/17/2016 10001703 GENERAL SECURITY SERVICES, INC. 148.00 08/17/2016 10001704 HIGHLAND AREA CHAMBER 60.00 08/17/2016 10001705 INFOSEND, INC 35,594.94 08/17/2016 10001706 JC LAW FIRM 54,155.00 08/17/2016 10001708 JOHN WITHERS ASSOCIATES 6,000.00 08/17/2016 10001709 JOHNSON POWER SYSTEMS 2,175.00 08/17/2016 10001710 JOSE MILLAN 80.00 08/17/2016 10001711 LAND ENGINEERING CONSULTANTS 8,786.35 08/17/2016 10001712 LANDS END INC 194.19 08/17/2016 10001713 LEGEND PUMP AND WELL 1,512.58 08/17/2016 10001714 MANAGED HEALTH NETWORK 900.00 08/17/2016 10001715 MIKE J. ROQUET CONSTRUCTION INC 8,450.00 08/17/2016 10001716 NADERA MILBES 500.00 08/17/2016 10001717 NETWORK FLEET, INC 124.75 08/17/2016 10001718 OFFICIAL PAYMENTS CORP. 35.05 08/17/2016 10001719 P.A.D. PALM AUTO DETAIL 1,305.00 08/17/2016 10001720 PACIFIC COAST TOOL & SUPPLY 200.50 08/17/2016 10001721 PARSONS BRINCKERHOFF, INC 2,640.99 08/17/2016 10001722 PSA PRINTING & MAILING SERVICES, INC 178.92 08/17/2016 10001723 SHRED-IT US JV LLC 151.14 08/17/2016 10001724 SOLARWINDS, INC. 7,999.00 08/17/2016 10001725 SUPER PENNY MARKET 500.00 PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 7 of 8 PAYMENT DATE NUMBER VENDOR NAME AMOUNT 08/17/2016 10001726 TELEPACIFIC COMMUNICATIONS 2,770.58 08/17/2016 10001727 VERIZON WIRELESS 4,343.47 08/17/2016 10001729 WAXIE SANITARY SUPPLY 11.93 08/24/2016 10001730 AIRGAS, USA LLC 160.80 08/24/2016 10001731 BOOT BARN, INC 644.04 08/24/2016 10001732 CINTAS CORPORATION 486.11 08/24/2016 10001733 CV STRATEGIES 1,940.95 08/24/2016 10001734 EUROFINS EATON ANALYTICAL, INC 350.00 08/24/2016 10001735 FARMER BROS. CO 1,117.92 08/24/2016 10001736 FERGUSON ENTERPRISES, INC. 109.51 08/24/2016 10001737 FILARSKY & WATT LLP 2,870.00 08/24/2016 10001738 FSA Only/East Valley Water District 1,583.81 08/24/2016 10001740 G & K SERVICES, CO. 569.61 08/24/2016 10001741 GENERAL SECURITY SERVICES, INC. 92.50 08/24/2016 10001742 LEGEND PUMP AND WELL 1,572.50 08/24/2016 10001743 MUSICK, PEELER & GARRETT LLP 43,022.67 08/24/2016 10001744 PSA PRINTING & MAILING SERVICES, INC 79.80 08/24/2016 10001745 VULCAN MATERIALS COMPANY 584.78 08/24/2016 10001746 WESTERN WEATHER GROUP INC 249.00 08/31/2016 10001747 ADS ENVIRONMENTAL SERVICES 1,500.00 08/31/2016 10001748 ALLIED REFRIGERATION INC. 420.01 08/31/2016 10001749 ARMORCAST PRODUCTS COMPANY 31,680.10 08/31/2016 10001750 ASHOK K. DHINGRA 9,706.50 08/31/2016 10001751 CALIFORNIA TOOL & WELDING SUPPLY 5,091.02 08/31/2016 10001752 CLINICAL LAB OF S B 40.00 08/31/2016 10001753 CORTECH ENGINEERING, A DXP COMPANY 858.24 08/31/2016 10001754 EXCEL LANDSCAPE, ICN 1,641.91 08/31/2016 10001755 EZEQUIEL ELECTRIC, INC. 688.00 08/31/2016 10001756 FERGUSON ENTERPRISES, INC. 10,717.03 08/31/2016 10001757 G & K SERVICES, CO. 547.38 08/31/2016 10001758 HARRINGTON INDUSTRIAL PLASTIC 188.96 08/31/2016 10001759 JOHN ROBERT HARGRAVES 2,000.00 08/31/2016 10001760 JOHNSON POWER SYSTEMS 6,116.64 08/31/2016 10001761 JOSE MILLAN 2,000.00 08/31/2016 10001762 LANDS END INC 358.55 08/31/2016 10001763 MERLIN JOHNSON CONSTRUCTION 163,491.67 08/31/2016 10001764 MICHAEL BAFFA 80.00 08/31/2016 10001765 MINUTEMAN PRESS OF RANCHO CUCAMONGA 3,208.68 08/31/2016 10001766 MUSICK, PEELER & GARRETT LLP 1,386.00 08/31/2016 10001767 PARKHOUSE TIRE, INC 1,528.89 08/31/2016 10001768 POWERSTRIDE BATTERY CO. 1,110.93 08/31/2016 10001769 PRINCIPAL FINANCIAL GROUP 6,386.65 08/31/2016 10001770 PSA PRINTING & MAILING SERVICES, INC 918.36 08/31/2016 10001772 SAFETY COMPLIANCE COMPANY 200.00 08/31/2016 10001773 SCHUBERT ENTERPRISES INC 110.00 08/31/2016 10001774 THE WINNER INDUSTRIAL SUPPLY INC 1,083.01 08/31/2016 10001775 VULCAN MATERIALS COMPANY 1,088.52 08/31/2016 10001776 WAXIE SANITARY SUPPLY 311.56 TOTAL 2,964,923.81$ PAYMENT REGISTER AUGUST 1, 2016 - AUGUST 31, 2016 Page 8 of 8 BOARD AGENDA STAFF REPORT Agend a Item #7. Meeting Date: September 28, 2016 P ub lic Hearing To: Governing Bo ard Memb ers From: General Manager/CEO Subject: S taff P res entatio n regard ing Drought R espons e, propo s ed Ord inanc e 396, Res o lution 2016.22 and Co mmunity Advis ory C o mmis s io n Policy RECOMMENDATION: Staff rec o mmend s that the Board of Direc tors replace Ordinance 395 with Ordinance 396, deac tivate the Stage 2 T hreatened Water Sup p ly Sho rtage, dec lare that the District shall operate in Stage 1 Permanent Cons ervation Measures as written in Ordinance 396, adop t R esolution 2016.22 and update the Community Advisory Co mmis sion P olic y. BACKGROUND / ANALYSIS: Fo r the las t five years the State o f Califo rnia has b een experienc ing d rought c o nd itions. Throughout this perio d there has been unp rec ed ented levels of actio n, up to and including mand atory cons ervation req uirements . Most rec ently, the S tate Water R esources Co ntrol Board (SWRCB) adopted an emergency water cons ervation regulatio n o n May 18, 2016 that mo d ified and extended mandates based on Governor Bro wn’s Exec utive Ord er B-37-16. T hes e updated regulations req uired the Distric t to c o nd uc t a self-c ertification o f our sys tem demand and p roduction capabilities to es tablis h the new water c o ns ervation s tand ard ins tead of the previous State impo s ed c o nservatio n p erc entage. Up on c o mp letio n o f this p ro c es s , it was d etermined that the Dis trict water s upp lies wo uld be greater than the es timated water d emand s , which would have res ulted in a 0% water cons ervation s tandard. However, given the o ngo ing need to enc o urage water effic iency in o ur c ommunity, the unpredictab le nature of d rought c o nditions , and his toric lo ws in the Bunker Hill Bas in, the Dis tric t voluntarily es tablis hed a higher water conservatio n s tand ard. With this , the Dis tric t along with many other agenc ies that dep end o n the Bunker Hill Gro undwater Bas in, sub mitted a s elf-imposed c o ns ervatio n standard of 15% to the SWRCB. T he SWR CB regulatio n maintained spec ific pro hibitions agains t water waste, whic h inc lude: watering d o wn a s idewalk with a ho s e, o ver watering of land s cape resulting in runo ff, was hing a vehicle witho ut a s huto ff nozzle, irrigation of land s cap e 48 hours after meas urab le rainfall, and pro hibitio ns direc ted to the hospitality industry als o remained in p lac e. With thes e c hanges in the regulatio ns , the c urrent Ordinance and Res o lutions are in need of revis io ns . Ord inanc e 396 and Res olution 2016.22 have b een d esigned to maintain a p ermanent level o f c o ns ervatio n moving forward, with the ability to ad apt to inc reased need s fo r c ons ervation as varying levels of emergenc ies arise. This inc lud es the rec o mmend ed actio n of d ropping down from a Stage 2 T hreatened Water S up p ly S hortage to Stage 1 Permanent Co ns ervation Meas ures. Recommended by: Jo hn Mura General Manager/CEO R espec tfully s ubmitted: Kelly Mallo y P ub lic Affairs /Co nservatio n Manager Permanent Co ns ervation Meas ures. Ad d itionally, the Board o f Direc tors has es tablis hed a c ommitment to educ ation and p o sitive communicatio n fo r c o nservatio n. This has res ulted in an award winning pro gram with imp ressive res p o ns ivenes s fro m the c o mmunity. Through this d irec tion, s taff is prioritizing upc o ming outreach and programs to as sist res id ents to us e water effic iently. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor I - Enc o urage Innovative Investments To Pro mo te Sustainab le Benefits (A) - Develop p rojec ts and pro grams to ens ure safe and reliab le s ervic es (B) - Manage and id entify metho d s to cons erve natural res ources Ideals and Endeavor IV - Fully Unders tand Challenges To Cultivate Effective So lutio ns (E) - Conduct po s t implementation evaluations and make imp ro vements as nec es s ary REVIEW BY OTHERS: T his agend a item as been reviewed the Dis tric t's Legal Couns el. FISCAL IMPACT : T here is no fis c al imp ac t as s o c iated with this agenda item. ATTACHMENTS: Description Type Conservation Program Presentation Presentation Ordinance 396 Cover Memo Resolution 20 16.22 Resolution Lette r Community Advisory Commission Po licy Backup Material 2EAST VALLEY WATER DISTRICT CONSERVATION TIMELINE •Proposed Changes −Local Conservation Standards −Conservation Targets −Self-Certify Level of Available Water Supplies •Effective June 2016 –January 2017 33EAST VALLEY WATER DISTRICT MANDATORY SYSTEM REDUCTION Month Total System Reduction August 2015 27% September 2015 24% October 2015 18% November 2015 16% December 2015 13% January 2016 19% February 2016 -1% March 2016 21% April 2016 28% May 2016 33% June 2016 31% July 2016 25% CUMULATIVE TOTAL TO DATE 28% New Conservation Mandate = 15% •Effective June 2016 -January 2017 •Reset Cumulative Average Period •Self-Certify Level of Available Water Supplies •Water Use Still Compared to 2013 Current Ordinance 395 Proposed Ordinance 396 Stage 1-Voluntary Conservation Stage 1-Permanent Conservation •Use water wisely •State requirements •Voluntary action •Prohibits irrigating inefficient parkways/medians Stage 2-Threatened Water Supply Shortage Stage 2-Threatened Water Supply Shortage •State requirements •Time frame to repair leaks •Prohibits irrigating inefficient parkways/medians •General Manager/CEO emergency authority •General Manager/CEO emergency authority Stage 3-Water Shortage Emergency Stage 3-Water Shortage Emergency •Non-essential water use is prohibited •Non-essential water use is prohibited EAST VALLEY WATER DISTRICT UPDATED ORDINANCE 5EAST VALLEY WATER DISTRICT PERMANENT CONSERVATION REQUIREMENTS 66EAST VALLEY WATER DISTRICT Outreach and Education •Bill Inserts •Customer Service Representatives •Conservation Staff •Social Media •Workshops •Advertisements •Community Conversations •Word of Mouth ORDINANCE NO. 395396 AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT RESCINDING ORDINANCE NO. 393 396 ENTITLED "AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR WATER SERVICE, ESTABLISHING A WATER DEPARTMENT, PROVIDING FOR INSTALLATION AND CONNECTION TO DISTRICT WATER MAINS, REGULATING CROSS CONNECTION CONTROL". SECTION 1. INDEX No. Section 1 Index 1 Section 2 General Provisions 2 Section 3 Definitions 4 Section 4 Water Department 8 Section 5 General Rules 9 Section 6 Application for Water Service 15 Section 7 Temporary Service 20 Section 8 Fire Protection 22 Section 9 Cross Connection Control 24 Section 10 Customer Billing Procedures 33 Section 11 Complaints and Disputed Bills 39 Section 12 Disconnection for Nonpayment 40 Section 13 Adding Delinquent Charges to Tax Roll 42 Section 14 Charges and Deposits 43 Section 15 Water Conservation 47 Section 16 Effective Date 55 2 SECTION 2. GENERAL PROVISIONS 2.01 Short Title - This Ordinance may be cited as the "East Valley Water District Water Regulations and Service Ordinance". 2.02 Purpose - This Ordinance is intended to provide rules and regulations applicable to the administration and operational activities of the District. This Ordinance may be amended from time to time by action of the Board of Directors of the East Valley Water District. 2.03 Enabling Statutes - This Ordinance is adopted pursuant to the applicable provisions of Division 12 of the Water Code and Division 5, Chapter 7, Title 5, Division 2 of the Government Code, and further pursuant to the Constitution of the State of California. The District is further authorized by Water Code Section 31027 to prescribe and define by Ordinance those restrictions, prohibitions and exclusions it may determine to be necessary pursuant to the California Constitution Article X, Section 2 and Water Code Sections 31026 and 350 et seq. to restrict the use of District water during threatened or existing water shortages. It is therefore the intent of the Board of Directors to establish by this Ordinance those procedures and policies necessary to the orderly administration of a water conservation program to prohibit waste and to restrict the use of water during a water shortage or emergency. 2.04 Application - This Ordinance shall apply to all water facilities constructed, maintained, and operated by the District. 2.05 Enterprise - The District will furnish and/or make available, a system, plant, works, and undertaking used for and useful in, the delivery of water for the District's service area, including all annexations thereto, lands, easements, rights in land, contract rights and franchises. 2.06 Separability - If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or circumstances are for any reason held to be unconstitutional or invalid by any court of competent 3 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the application of such provision to other persons or circumstances. The governing body hereby declares that it would have passed this Ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional. 2.07 Words and Phrases - For the purpose of this Ordinance all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number. 2.08 Posting - Upon adoption, this Ordinance shall be entered in the minutes of the governing body and certified copies hereof shall be posted in three (3) public places and/or published in a newspaper of general circulation in the District service area within ten (10) days following its passage. 2.09 Means of Enforcement - The District hereby declares that the procedures contained herein are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty. 2.10 Notices - Whenever a notice is required to be given under this Ordinance, unless different provisions are specifically made herein, such notice may be made either by personal delivery thereof to the person to be notified or by deposit in the U.S. mail in a sealed envelope, postage prepaid, addressed to such person at his last known business or residence address as the name appears in public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving any notice may be made by the certificate of any officer or employee of the District or by affidavit of any person over the age of eighteen years, which shows service in conformity with the Ordinance or other provisions of law applicable to the subject matter concerned. 4 2.11 Effect of Heading - The title, division or section headings contained in this Ordinance shall not be deemed to govern, limit or modify in any manner the scope, meaning or intent of any section or subsection of this Ordinance. SECTION 3. DEFINITIONS 3.01 Applicant - The person making application hereunder who must be either (a) the owner of the subject premises, (b) the agent or customer authorized in writing to make application hereunder on behalf of the owner of the subject premises or, (or, (c) a licensed plumber or contractor authorized in writing to make application hereunder for the subject premises. 3.02 Approved Backflow Prevention Assembly – A device deterring the reversal of flow of water or mixtures of water and other liquids, gasses, and/or other substances into the distribution pipes of the District’s potable supply of water through any Cross-Connection. Said device must have been investigated and approved for use as either an Air-gap separation, Double Check Valve Assembly, or Reduced Pressure Principle Backflow Prevention Device by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California, or by any other laboratory having equivalent capabilities for both the laboratory evaluation and field evaluation thereof. 3.03 Board - The Board of Directors of the East Valley Water District. 3.04 Commercial – Any service not covered by the residential description. This shall include, but not be limited to, apartments, trailer parks, schools, dry cleaners, laundries and businesses 3.05 Connection - The pipeline and appurtenant facilities such as the curb stop, meter and meter box, all used to extend water service from the main to the premises, the laying thereof and the tapping of the main. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service. 5 3.06 Cost - The cost of labor, materials, transportation, supervision, engineering, and all other necessary overhead expenses. 3.07 County - The County of San Bernardino, California. 3.08 Cross Connection - An 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 a safe, wholesome and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections. 3.09 Customer - Any person (as defined) supplied or entitled to be supplied with water service by the District. 3.10 Customer's Service Valve - A valve independent of the District's facilities located in the customer's piping as close to the meter as practicable, the operation of which will control the entire water supply from the meter. 3.11 District - The East Valley Water District, San Bernardino County, California. 3.12 District Engineer - A Registered Civil Engineer of the State of California. 3.13 Engineering Services - The engineering services provided by the District to include technical and procedural guidance, professional consultant services, project coordination and plan checking. 3.14 Financial Officer - The Treasurer appointed by the Board of Directors. 3.15 Fire Hydrant - Short Side: The case where the water main and the hydrant are on the same side of the street's centerline. Long Side: The case where the water main and the hydrant are on the opposite sides of the street's centerline. 3.16 General Manager - The General Manager of the District. 3.17 Governing Body - The Board of Directors of the East Valley Water District. 6 3.18 Inspector - The person who shall perform the work of inspecting water facilities under the jurisdiction or control of the District. 3.19 Main - A water line in a street, highway, alley or easement used for public and private fire protection and for the general distribution of water. 3.20 Owner - The person owning in fee title, or in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself or, as executor, administrator, guardian or trustee of the owner. 3.21 Permit - Any written authorization required pursuant to this or any other regulation of the District. 3.22 Person - Any human being, individual, firm, company, partnership, association and private, public or municipal corporation, the United States of America, the State of California, a district and any political subdivision, or governmental agency. 3.23 Premises - A lot or parcel of real property under one ownership, except where there are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings may be classified as single premises. 3.24 Private Fire Protection Service - Water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor. 3.25 Public Fire Protection Service - The service and facilities of the entire water supply, storage and distribution system of the District, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto. 7 3.26 Regular Water Service - Water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor. 3.27 Residential - Any single, duplex or triplex family unit not requiring licensing for occupancy and operation. 3.28 Secretary - The Secretary to the Governing Body. 3.29 Temporary Water Service - Water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor. 3.30 Waste - Any unreasonable method or non-beneficial use of water, including, but not limited to, the specific uses prohibited and restricted by this Ordinance as hereinafter set forth. 3.31 Water Department - The Board of Directors of the District performing functions related to the District's water service, together with the General Manager, the District Engineer, the Financial Officer and any other duly authorized representative. 3.32 Water Supply Shortage - Any water shortage caused by drought or any other threatened or existing water shortage, disaster or facility failure, earthquake, loss of electrical power, pipeline breakage, or other condition which results in or threatens to result in the District's inability to meet the water demands of its customers. 3.33 Water User - Any person, firm, partnership, association, corporation or political entity using water obtained from the water system of the District. 3.34 Water - That water supplied by the East Valley Water District. 8 SECTION 4. WATER DEPARTMENT 4.01 Creation - A Water Department is hereby created comprised of the Directors, the General Manager, the Financial Officer and District Engineer and such other employees and assistants as may be hired therefor. 4.02 General Manager - The General Manager, as provided for in the Water Code Section 30580, shall have full charge and control of the maintenance, operation and construction of the water works and water distribution system of the District. 4.03 District Engineer - The position of District Engineer is hereby created. The District Engineer shall regularly inspect all physical facilities related to the District water system, to see that they are in good repair and proper working order, and to note and report violations of any ordinances or water regulations. 4.04 Violation, Repairs - The District Engineer shall promptly report any violation or disrepair to the General Manager. If the work required is in the nature of an emergency, he/she shall take whatever steps necessary to maintain service to the consumers pending action by the General Manager. 4.05 Supervision - The District Engineer shall supervise all repair or construction work authorized by the Board or General Manager and perform any other duties prescribed by the Board or General Manager. 4.06 Performance of Duties - The foregoing duties of the District Engineer may be performed by the General Manager or by an additional employee or employees as designated by the District Engineer and/or General Manager. 4.07 The Financial Officer - The Financial Officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the District. Furthermore the Financial Officer shall compute, prepare and mail bills as hereinafter prescribed, make and deposit collections, maintain proper books of account, collect, account for, refund deposits, and do whatever else is necessary or directed by the General Manager to set up and maintain an efficient and 9 economical accounting system and perform any other duties now and hereafter prescribed by the Board of Directors. SECTION 5. GENERAL RULES 5.01 Standards - The Governing Body may, from time to time, adopt standard requirements for the design, construction, repair and maintenance, or connection to the District's water system. 5.02 Violation Unlawful - Following the effective date of this Ordinance, it shall be unlawful for any person to connect to, construct, install, provide, maintain or use any other means of water facilities from any building in the area serviced with water by said District except by connection to water facilities in the manner as provided for in this Ordinance. Any violation of this Ordinance will be subject to the provisions of this Section at the discretion of the General Manager, Financial Officer, or District Engineer. 5.03 Notice - Wherever, and whenever, practicable under the particular circumstances of the situation, and pursuant to the discretion of the General Manager, Financial Officer, or District Engineer, any person found to be violating any provisions of this or any other ordinance, resolution, rule or regulation of the District shall be served by the Inspector or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two, nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this Ordinance or any other rule or regulation of the District. 5.04 Protection from Damage - No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, 10 appurtenances or equipment which is a part of the District's water works. Any person violating this provision shall be subject to the penalties provided by law. 5.05 Investigation Powers - The officers, inspectors, managers, and any duly authorized employees or agents of the District shall carry evidence establishing their position as an authorized representative of the District and, upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings, industrial facilities and properties to which the District is furnishing water, or has been requested to furnish water for the purpose of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, resolutions, rules and regulations of the District pursuant to the authorization contained in the required application for water service. 5.06 Noncompliance with Regulations - As an alternative method of enforcing the provisions of this or any ordinance, resolution, rule or regulation of the District, the District shall have the power to disconnect the user or subdivision water service from the water mains of the District. 5.07 Liability for Violation - Any person violating any of the provisions of the ordinances, rules or regulations of the District shall become liable to the District for any expense, loss or damage, occasioned by the District by reason of such violation. 5.08 Relief on Application - When any person, by reason of special circumstances, is of the opinion that any provision of the ordinances, rules or regulations of the District is unjust or inequitable as applied to his/her premises, that person may make written application to the Governing Body stating the special circumstances, citing the provision complained of and requesting suspension or modification of that provision as applied to his/her premises. If such application is approved, the Governing Body may, by resolution, suspend or modify the provision 11 complained of, as applied to such person or premises, to be effective as of the date of the application and continuing during the period of the special circumstances. 5.09 Relief on Own Motion - The Governing Body may, on its own motion, find that by reason of special circumstances, any provisions of its ordinances, rules or regulations should be suspended or modified as applied to a particular person or premises and may, by resolution, order such suspension or modification for such premise or person during the period of such special circumstances or any part thereof. 5.10 Maintenance of Water Pressure and Pressure Conditions - The Board shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue service while making emergency repairs, or other work required on the water system as determined by the General Manager and/or the District Engineer. Consumers dependent upon a continuous supply of water should provide emergency storage. All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the District harmless for any damages arising out of low pressure or high pressure conditions or interruptions of service. 5.11 Tampering with District Property - Except as otherwise specifically authorized by the General Manager, no one, except an employee or representative of the District shall at any time, in any manner, operate the curb cocks or valves, main cocks, gates or valves of the District's system or interfere with meters or their connections, street mains or other parts of the water system. 5.12 Remedies for Violation - Failure of a customer to comply with any part of this Ordinance, or any other ordinance, resolution, rule, or regulation of the District, shall result in the District’s discontinuance and/or refusal to provide water service to said customer’s premises and in the exercise by the District in its lawful discretion of any and all other rights and remedies that are available to the District under the law. 12 5.13 Water System - The District will furnish a system, plant, works and undertakings used for and useful in obtaining, conserving and disposing of water for public and private uses, including all parts of the Enterprise, all appurtenances to it, lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment. 5.14 Number of Services per Premises - The applicant may apply for as many services as may be reasonably required for their premises provided that the pipeline system for each service be independent of the others and that they not be interconnected. 5.15 Water Waste - No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the District may discontinue the service if such conditions are not corrected after giving notice of violation as provided in Section 5.03 herein. 5.16 Responsibility for Equipment on Customer Premises - All facilities installed by the District on private property for the purpose of rendering water service shall remain the property of the District and may be maintained, repaired or replaced by the Water Department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. 5.17 Damage to Water Facilities - The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on, or near, a meter, and any damage to a meter that may result from hot water or steam from a boiler, or heater, on the customer's premises. The District shall be promptly reimbursed for any such damage upon presentation of a bill to the customer. 13 5.18 Ground Wire Attachments - All individuals or business organizations are forbidden to attach any ground wire, or wires, to any plumbing which is, or may be, connected to a service connection or main belonging to the District. The District will hold the customer liable for any damage to its property occasioned by such ground wire attachments. 5.19 Control Valve on Customer Property - The customer shall provide a valve on his/her side of the service installation as close to the meter location as practicable to control the flow of water to the piping on his/her premises. The customer shall not use the service curb stop to turn water on and off for his/her convenience. 5.20 Unsafe Apparatus - Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers. 5.21 Cross Connections - Water service may be refused or discontinued to any premises where there exists a cross connection as defined in Section 9 of this Ordinance. 5.22 Fraud or Abuse - Service may be discontinued, if necessary, to protect the District against fraud or abuse. 5.23 Interruption in Service - The District shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the Water Department. 5.24 Ingress and Egress - All duly authorized employees, agents, and representatives of the District shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. 5.25 Installation of Services - Only duly authorized employees, agents, and representatives of the District shall install service connections to the District’s water system. All service connections shall comply with the specifications of the District. Meters will be installed in the public right of way, or within an acceptable easement, 14 and shall be owned by the District. No rent or other charge will be paid by the District for a meter or other facilities, including connections. All meters will be sealed by the District at the time of installation and no seal shall be altered or broken except by one of the District's authorized employees or agents. 5.26 Change in Location of Meters - Meters moved for the convenience of the customer will be relocated at the customer's expense. Meters moved to protect the District's property will be moved at District expense. 5.27 Size and Location - The District reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. Service installations will be made only to property abutting on distribution mains as have been constructed in public streets, alleys or easements or to extensions thereof as herein provided. Services installed in new subdivisions prior to the construction of streets, in advance of street improvements, must be accepted by the applicant in the installed location. 5.28 Curb Cock - Each service connection installed by the District shall be equipped with a curb cock, or wheel valve, on the inlet side of the meter. Such valve, or curb cock, is intended for the exclusive use of the District in controlling the water supply through the service connection pipe. If the curb cock, or wheel valve, is damaged by the customer's use to an extent requiring replacement, such replacement shall be at the customer's expense. 5.29 Access to Meters - The District reserves the right to enter upon the applicant's premises for the purpose of reading, repairing or replacing the water service meter. The applicant shall be solely responsible for the control of all animals which may pose a potential threat to District employees and shall be liable for any injury to District employees resulting from unrestrained animals. Should an applicant for new service fail to properly restrain animals present on his property, the District may, upon written notice, refuse to install or turn on service until such time as the District 15 determines that a threat to its employees no longer exists. When there is an ostensive risk to employees at an established service due to the presence of unrestrained animal(s) or other hazard(s), the employee will not be required to read the meter, etc. The customer will be notified of the situation and the bill will be estimated based upon an average of the most recently recorded six (6) month’s consumption until a personal risk by the District’s employee is no longer an issue. Upon verification that the premises no longer appears to be a threat to the safety of the employee, the meter will be read in the presence of the customer, or someone of his/her choosing, and the billing will be adjusted accordingly. SECTION 6. APPLICATION FOR WATER SERVICE 6.01 Application for Water Service - The property owner or his/her agent designated in writing shall make application for regular water service by personally signing an Application for Water Service form provided by the District and pay the necessary fee for connection to the District's facilities as prescribed in the latest Resolution and Schedule of Rates and Charges adopted by the Board of Directors. 6.02 Water Service to Customers other than Property Owners - Water Service to other than property owners shall be made as follows: 6.02.01 Property Owner's Signature - If the Property owner rents the premises to a tenant, the tenant may have water service and other services instituted in the tenant's name, provided that reasonable efforts are made to secure the property owner's signature on the application for service and the tenant provides the District with a copy of the rental agreement. In any event, the tenant must provide the District with the property owner’s name, mailing address and telephone number. 6.02.02 Owner Responsibility - Whether or not a property owner signs the District's application for water service form, the property owner is not relieved of his or her responsibility for unpaid water charges for the subject property as provided in this ordinance and pursuant to California Water Code Section 31701.5, et..seq. 16 6.03 Payment of Delinquent Charges - As a precondition to receiving water service from the District, the applicant for service shall pay any and all unpaid charges that have accrued on any closed accounts previously held by the applicant with the District as well as pay any and all delinquent charges that have accrued on any open accounts currently held by the applicant with the District. 6.04 Security Deposit - A security deposit for each single family residential unit, commercial or retail unit, or multi-unit complex shall be deposited at the time application for water service is made. The District may, at its sole election, include the required security deposit on the customer’s first billing invoice. 6.04.01 Single Family Residential - A security deposit for a single family residential unit may not be required if the person requesting service is a new residential applicant who is determined by the District to be creditworthy. The determination of an applicant’s creditworthiness shall be based solely upon criteria developed by the District and may be appealed in the manner set forth in Section 11 herein. However, during the life of the account, the District may, in its sole discretion, require any customer, regardless of whether he or she was previously found to be creditworthy, to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to reinstatement of service anytime after being disconnected for nonpayment. 6.04.02 Security Deposit Refund - Refunds of security deposits will be performed in the manner set forth below. Such refunds will be credited to any account held by the customer with the District in lieu of a refund chec k. Interest on the security deposits shall remain the sole property of the District and will not be included in any refund. 6.04.02.01 Single Family Residential - The District shall refund each security deposit to a residential customer as follows: 17 a. Where funds have been on deposit for one year in a customer’s account and there have been no delinquency payments on any of the customer’s accounts with the District during that year. However, the District may, at its sole option, require any customer to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to reinstatement of service anytime after being locked off for nonpayment. b. Within thirty (30) days after the applicant provides written notice to terminate water services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum, if any, is refunded to the customer. 6.04.02.02 Commercial, Retail or Industrial - The District shall refund the security deposit for commercial, retail or industrial connections as follows: a. Where funds have been on deposit for one year in a customer’s account and there has been no delinquency payment on any of the customer’s accounts with the District during that year and upon the customer’s request, one-half of the deposit will be refunded to the customer by means of a credit on the account. However, if the customer is delinquent on any payment thereafter, the District may, at its sole option, charge back the credited amount. b. Within thirty (30) days after the applicant provides written notice to terminate water services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum is refunded to the customer. 6.05 Change in Customer's Equipment - Customers who make any material change in the size, character of, extent of the equipment or operations utilizing water service, or whose change in operations results in a significant increase in the use of 18 water shall immediately give the District written notice of the nature of the change and, if necessary, amend their application. 6.06 Domestic, Commercial and Industrial Service Connections - It shall be unlawful to maintain a connection excepting in conformity with the following: 6.06.01 Multiple Building - Multiple houses or buildings under one ownership and on the same lot or parcel of land may be supplied through the same service connection, provided that the service connection shall be of such size to adequately serve said houses or buildings. 6.06.02 Single Service Connection - Not more than one service connection for domestic or commercial supply shall be installed for one building, except when authorized by the District. 6.06.03 Separate Service Connection - A service connection shall not be used to supply any adjoining property, or property across a street, alley or easement. Each service connection shall serve only one property or individual parcel. 6.06.04 Divided Property - When property provided with a service connection is divided, the service connection shall be considered as belonging to the lot or parcel of land which it directly enters. 6.07 Service Connection Maintenance - The service connection extending from the water main to the meter, meter box and curb cock or wheel valve, shall be maintained by the District. All pipes and fixtures extending or lying beyond the meter box shall be installed and maintained by the owner of the property. 6.08 Damage through Leaking Pipes and Fixtures - When requested to turn on the water supply to a house or property, the District will make a reasonable attempt to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curb cock or the private shutoff. The District's jurisdiction and responsibility ends at the customer's side of the meter 19 box and the Board will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes beyond the meter box. 6.09 Damage to Meters - The District reserves the right to set and maintain a meter on any service connection. The water customer shall be held liable for any damage to the meter due to customer’s negligence or carelessness. 6.10 Main Extension Required - The District may provide for all main extensions upon application for service and payment of required charges. Customer may elect to extend mains according to agreements between the customer and the District providing the work meets District standards. 6.10.01 Application - Any owner of one or more lots, parcels, or a sub- divider of a tract of land desiring the extension of one or more water mains to serve such property, shall make written application therefor to the District. Said application shall contain the legal description of the property to be served, tract number, and any additional information which may be required by the District, and shall be accompanied by a map showing the location of the proposed connections. 6.10.02 Investigation - Upon receipt of the application requesting the District to install facilities, the District shall make an investigation and survey of the proposed extension and estimate the cost thereof. 6.10.03 Dead-end Lines - No dead-end lines shall be permitted, except at the discretion of the General Manager, and in cases where circulation lines are necessary they shall be designed and installed by the District as part of the main extension. 6.10.04 Specifications and Construction - The size, type and quality of materials and location of the lines shall be specified and approved by the District. 6.10.05 Property of District - Upon completion of such installation as approved by the District, the facilities shall be dedicated to and become property of the District. 20 6.10.06 Connections - The applicant shall, at his cost, provide all connections to buildings and private water systems, as herein provided. SECTION 7. TEMPORARY SERVICE 7.01 Duration of Service - Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the General Manager, Financial Officer, or District Engineer. 7.02 Security Deposit - The applicant shall deposit, in advance, the estimated cost of the temporary service. Upon discontinuance of service, the actual cost shall be determined and an adjustment made as an additional charge, refund or credit. 7.03 Installation and Operation - All facilities for the temporary service to the customer shall be made and operated in accordance with District instructions. The District may, at its discretion, restrict or terminate the service at any time. 7.04 Responsibility for Meters and Installations - The customer shall use all possible care to prevent damage to the meter, or to any other loaned facilities of the District, which are involved in furnishing the temporary service from the time they are installed until they are removed. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer. The customer shall give notice to the District in writing at least forty eight (48) hours prior to the time the customer or other person is through with the meter, or meters, and the installation. 7.05 Supply from Fire Hydrant - An applicant for temporary use of water from a fire hydrant must apply for a temporary water service and pay a hydrant meter deposit. The applicant shall also pay for water used in accordance with the meter readings, at the rates prescribed by the Board. 7.06 Unauthorized Use of Hydrants - Tampering with any fire hydrant for the unauthorized use of water therefrom or for any other purpose is subject to a fine, per occurrence, as may be set by the Board. 21 7.07 Meter Availability - As prescribed by the District, the applicant shall make the hydrant meter available for reading on a monthly basis for actual water usage. If the hydrant meter is not available for the monthly reading as prescribed by the District, a supplementary fee of $100 will be charged for each month the meter is not read to cover the expense required for corrections to billing records. 7.08 Pools and Tanks - When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the District prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the District's facilities and if other consumers are not inconvenienced thereby. 7.09 Responsibility for Equipment - The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the District shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or any of his tenants, agents, employees, contractors, licensees or permitees in installing, maintaining, operating or interfering with such equipment. The District shall not be responsible for damage to property caused by faucets, valves and other equipment which are open when water is turned on at the meter, either originally or after a temporary shutdown. SECTION 8. FIRE PROTECTION 8.01 Public Fire Protection - The following pertains to the use of District facilities for public fire protection: 8.01.01 Use of Fire Hydrants - Fire Hydrants are for use by the District or by organized fire protection agencies pursuant to contract with the District. Other parties desiring to use fire hydrants for any purpose must obtain prior written permission from the Water Department and shall operate the hydrant in accordance 22 with instructions issued by the Water Department. Unauthorized use of hydrants will be prosecuted according to law. 8.01.02 Moving of Fire Hydrants - When a fire hydrant has been installed in the location specified by the proper authority, the District has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, they shall bear all costs of such changes without refund. Any change in the location of a fire hydrant must be approved by the proper authority. 8.02 Private Fire Protection Service - The following pertains to the use of District facilities for private fire protection systems: 8.02.01 Payment of Cost - The applicant for private fire protection service shall pay the total actual cost of installation of the service from the distribution main to the service location including the cost of a detector check meter or other suitable and equivalent device, valve and meter box, said installation will become the property of the District. 8.02.02 No Connection to Other Systems - Unless authorized and under special circumstances, there shall be no connection between the fire protection system and any other water distribution system on the premises. 8.02.03 Use - There shall be no water used through the fire protection service except to extinguish fires and for testing the fire fighting equipment. 8.02.04 Charges for Water Used - Any consumption recorded on the meter will be charged as provided in District Resolutions, except that no charge will be made for water used to extinguish fires reported to the fire department. 8.02.05 Monthly Rates - The monthly rates for private fire protection shall be established by Resolution of the Board of Directors. 8.02.06 Water for Fire Storage Tanks - Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, 23 but only if written permission is secured in advance from the District and an approved means of measurement is available. 8.02.07 Violation of Agreement - If water is used from a private fire service in violation of the agreement or this Ordinance, the District may, at its option, discontinue and remove the service. 8.02.08 Valve - When a fire service connection is installed, the valve governing same will be closed and sealed and remain so until a written order is received from the owner of the premises to have the water turned on. 8.02.09 Meter - If the District does not require a meter, and if water is used through a fire service connection for any other purpose than extinguishing fires, the District shall have the right to place a meter on the fire service connection at the owners expense and assess the appropriate capacity fees, or shut off the entire water supply from such premises. 8.02.10 Additional Service - The District shall have the right to take a domestic, commercial or industrial service connection from the fire service connection at the curb to supply the same premises as those to which the fire service connection belongs. The Board shall also have the right to determine the proportion of the installation costs properly chargeable to each service connection, if such segregation of costs shall become necessary. 8.02.11 Check Valve - The Board reserves the right to install on all fire service connections a check valve of a type approved by the National Board of Fire Underwriters and to equip the same with a by-pass meter at the expense of the owner of the property. SECTION 9. CROSS CONNECTION CONTROL 9.01 Purpose - The purpose and intent of this Section: 24 a. To comply with the requirements imposed upon the District pursuant to Sections 7583-7605 of the California Code of Regulations ("Title 17") and all other applicable regulations regarding Cross-Connection Control. b. To protect the public potable water supply of this District from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s), or the customer’s private water system(s), such contaminants or pollutants which could backflow into the District’s public water system(s); and c. To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s potable water system(s) and non-potable water system(s), plumbing fixtures and industrial systems; andsystems; and d. To provide for the maintenance of a continuing Cross-Connection Control Program which will systematically and effectively minimize the potential for contamination or pollution of the potable water system. 9.02 Application - The provisions of Title 17 and all other regulations regarding Cross-Connections that are adopted by the State of California Department of Health Services pursuant to California Water Code Sections 100205, 100275, and 116375(c), all as the same may be amended from time to time, are hereby adopted by the District, incorporated herein by this reference, and made a part hereof as though set forth in full. 9.03 Definitions - In addition to the definitions in Title 17, the following terms are defined for the purpose of this chapter: 9.03.01 Approved Water Supply - The term “Approved Water Supply” shall mean a water supply whose potability is regulated by the Department of Health Services. 9.03.02 Auxiliary Water Supply - Any water supply, other than the District's, which is either on or available to the property will be considered as an auxiliary water supply. These auxiliary waters may include water from another public 25 potable water supply or from any natural source(s) such as a well, river, stream or used water. These waters may be contaminated, polluted or constitute an unacceptable water source over which the District does not have sanitary control. 9.03.03 Backflow - The term “backflow” shall mean the undesirable reversal of flow of water or mixtures of water and other liquids, gasses or substances into the distribution pipes of the District’s potable supply of water from any source or sources. 9.03.04 Backpressure - The term “backpressure” shall mean any elevation of pressure in the downstream piping system above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow. 9.03.05 Backsiphonage - The term “backsiphonage” shall mean a form of backflow due to a reduction in system pressure which causes a sub-atmospheric pressure to exist at a point in the water system. 9.03.06 Backflow Preventer - An assembly or means designed to prevent a reverse flow condition created by a difference in water pressures. 9.03.07 Backflow Prevention Devices – The actual types of devices that may be required and are acceptable for use in the District are as follows: a. Air Gap - The term “Air Gap” shall mean a physical separation. between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. b. Reduced Pressure Principle Backflow Prevention (RPP) Assembly - The term “RPP Assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent, pressure differential relief valve located between the check valves. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. 26 c. Double Check Valve Backflow Prevention (DC) Assembly – The term “DC Assembly” shall mean an assembly composed of two independently acting approved check valves including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. 9.03.08 Contamination - The term “contamination” shall mean an Impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by bacteria, virus, sewage, industrial fluids, or other toxic substances. 9.03.09 Cross-Connections, Controlled - A connection between a potable and non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the proper protection. 9.03.10 Cross-Connection Control by Containment - The term “cross-connection control by containment (service protection)” shall mean the appropriate type or method of backflow protection at the service connection. 9.03.11 Degree of Hazard - The term “degree of hazard” shall mean either a contamination (health), plumbing, pollutional (non-health) or system hazard. Listed in order of severity, each is defined as follows: a. Health Hazard - The term “health hazard” shall mean an actual or potential threat of contamination of a physical or toxic nature to the District’s water system or the consumer’s potable water system that would be a danger to health. b. Plumbing Hazard - The term “plumbing hazard” shall mean an internal or plumbing type cross-connection in a consumer’s potable water system that may be either a pollutional or contamination type hazard. This includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash basins, swimming pool plumbing systems, and lawn sprinkler systems. If permitted to exist, “plumbing hazard” must be properly protected by an appropriate type of backflow prevention assembly. 27 c. Pollutional Hazard - The term “pollutional hazard” shall mean the actual, or potential, threat to the physical properties of the water system or the potability of the system but which would not constitute a health or system hazard, as defined. The potable water system would be degraded, depending on the degree or intensity of pollution, to the point where it becomes a nuisance, aesthetically objectionable, or cause minor damage to the system or its appurtenances. d. System Hazard - The term “system hazard” shall mean an actual, or potential, threat of severe danger to the physical properties of the District’s or consumer’s potable water system which could have a delayed effect on the quality of the potable water in the system. 9.03.12 Industrial Fluids - The term “industrial fluids” shall mean any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutional, or plumbing hazard if introduced into an approved water supply system 9.03.13 Pollution - The term “pollution” shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public’s health, but which does adversely affect the aesthetic qualities of such waters for domestic work. 9.03.14 Potential – The term “potential” shall mean something perceived that can develop into or become actual. 9.03.15 Service Connection - The term “service connection” shall mean the downstream end of the water meter. This is the point of delivery to the customer’s water system where the District loses jurisdiction and sanitary control of the water. 9.03.16 Water, Potable - The term “potable water” shall mean any public/private water supply that has been investigated and approved for human consumption. 28 9.03.17 Water, Non-Potable - The term “non potable water” shall mean a water supply that has not been approved for human consumption. 9.03.18 Water, Used - The term “used water” shall mean any water supplied by the District from a public potable water system to a customer’s water system after it has passed through the service connection and is no longer under the control of the District. 9.04 Determination - The District shall conduct surveys to identify Water User Premises where Cross-Connections are likely to occur and evaluate the degree to potential health hazard to the Water which may be created as a result of conditions existing on a Water User's Premises. At a minimum, the evaluation shall consider the factors identified in Section 7585 of the California Code of Regulations. However, notwithstanding anything herein to the contrary, the District shall not be legally responsible for the abatement of any Cross-Connection which may be found to exist within a Water User's Premises. 9.05 Notice - Upon determination by the District that a Cross-Connection exists within the scope of this Section, the District shall give written notice to the affected Customer to install an Approved Backflow Prevention Assembly of a type and quality, and at a specific location, deemed appropriate by the District. The Customer shall immediately cause such device to be installed at his or her expense, and in the manner prescribed by the District, which thirty (30) days of the issuance of said notice. 9.06 Installation - The location of any Approved Backflow Prevention Assembly installed pursuant to this Section shall be at the Customer's point of connection to the district's Water, or within the Customer's Premises, or both, as determined by the District in the exercise of its discretion. If an approved Backflow Prevention Assembly is required on the Customer's connection to the District's Water, it shall be located at or near the property line of the Premises or immediately outside the building being 29 served, but, in all cases, at a place deemed acceptable to the District that is before the first branch line leading off the service line. 9.06.01 Typical Installations - Conditions where an approved backflow prevention assembly is required on each service connection shall include, but not be limited to, the following: a. In the case of any property having an auxiliary water supply, or one that is being fed by another outside water source, the public water system shall be protected against backflow from the premises by installing an approved Air Gap or RPP device. b. In the case of any property on which toxic chemicals, pollutants, industrial fluids, or any other objectionable substances are handled, or stored, in such a fashion as to create an actual or potential hazard to the District’s system, the public water system shall be protected against backflow from the premises by installing an approved Air Gap or RPP device. c. In the case of any property having internal cross-connections that cannot be permanently corrected or protected against, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist. The public water system shall be protected against backflow from the property by installing an approved RPP device. d. In the case of any property being served by two or more water services, water and fire services, water and irrigation services, or any combination thereof, the public water system shall be protected against backflow from the premises by installing an approved RPP device on each service connection. e. In the case of any property having solar heating systems of a heat ex- 30 changer type that utilize a recirculating pump, air conditioning units with chemical injection pots, or coolers with recirculating pumps, the public water system shall be protected against backflow from the premises by installing an approved RPP device. f. In the case of any agricultural property, dairy, poultry farm, or any other farm, or hobby type operation, where fecal bacteria has the potential to contaminate the water supply, or operations injecting chemicals into the on-site water lines, the public water system shall be protected against backflow from the property by installing, at a minimum, an approved RPP device. g. In the case of any property on which there is water or a substance that would be objectionable but not hazardous to health if introduced into the public water system, the public water system shall be protected against backflow from the premises by installing an approved double check valve. h. In the case of any single family or multi-family residential property where known health hazards exist, the public water system shall be protected against backflow from the premises by installing an approved RPP device. 9.06.02 Typical Facilities - Typical facilities where the District requires the installation of approved backflow prevention assemblies: Apartments - 8 or more units - RPP Bottling plants - RPP Buildings- Commercial, Industrial - RPP Buildings- Hotels, Motels - RPP Buildings, multi-storied (three or more floor levels) - RPP Car wash facilities - RPP Cleaners - RPP Commercial buildings - RPP Cooling towers - RPP Fire systems (not interconnected, interconnected) - RPP, DC 31 Hospitals- Medical buildings, Mortuaries, Autopsy Facilities, Nursing and Convalescent Homes, and Clinics - RPP Irrigation systems- Premises having separate systems: Parks, Playgrounds, Cemeteries, Golf Courses, Schools, Estates, and Ranches - RPP Laundries and Dye works - RPP Mobile home parks - RPP Multiple rental buildings - that are master metered - RPP Plating plants - RPP Sand and Gravel Plants - RPP Schools - RPP Sewage lift stations - RPP Sewage treatment plants - AG, RPP Sprinkling systems (chemically entrained) - RPP 32 Steam facilities - RPP Public Swimming Pools, and Pools at Apartments, Condominiums, Home OwnerAssociations, City Parks, Trailer Parks, and Mobile Home Parks - RPP 9.07 Inspection, Testing and Maintenance - The Customer shall cause a field test to be performed by a licensed plumbing contractor certified to test and repair Approved Backflow Prevention Assemblies at the time of installation and at least once per year thereafter. In those instances deemed necessary by the District, testing of Approved Backflow Prevention Assemblies may be required at more frequent intervals, In the event that an Approved Backflow Prevention Assembly is found to be defective, the Customer shall cause the necessary repairs and/or replacement thereof to be made. The Customer shall have an acceptance test performed after such repair and/or replacement to ensure proper operation of the Approved Backflow Prevention Assembly. All costs associated with the inspection, testing, repair, and maintenance of Approved Backflow Prevention Assemblies shall be borne by the Customer. The results of each test and records of all inspection, replacement, and repairs performed on an Approved Backflow Prevention Assembly by the Customer shall be maintained by the Customer and reported to the District in a manner deemed acceptable to the District. 9.08 Enforcement - The District may discontinue or refuse to supply water and/ or sewer service to any Premises that is not in strict compliance with the terms of this Section, or if it is found that an Approved Backflow Prevention Device has been removed or bypassed, or if unprotected Cross-Connections otherwise exist on the Premises. The District may also disconnect water and/or sewer service to any Premises if the health and safety of any Person is immediately threatened by a Cross- Connection. The District may refuse to restore such service to the Premises until the Cross-Connection is 33 remedied and an Approved Backflow Prevention Device is installed and operated in accordance with the Section. 9.09 Administration - The District shall appoint at least one (1) person trained in Cross-connection control to administer the provisions of this section. SECTION 10. CUSTOMER BILLING PROCEDURES 10.01 Charges - Water charges shall commence when a water service connection is installed and the meter is set. The customer requesting service and whose name is on the water service account will be responsible for all water charges incurred by such service. The District may transfer to the account, any delinquent and/or unpaid charges from other closed or open accounts which are held by the customer and/or property owner within the District. 10.02 Tiered Water Use - The District charges for potable water use in three separate pricing tiers. Tier 1 is an estimate of indoor water use. Tier 2 is an estimate of efficient outdoor use. Tier 1 and 2 are considered a customer’s water budget. Tier 3 represents water use greater than 100% of the customer’s individualized water budget. 10.03 Water Budgets - A water budget is defined as the quantity of water required for an efficient level of water use by an individual customer site. The District’s water budget calculation accounts for indoor, outdoor, and business process needs where applicable. Water budgets are determined by the individual needs of the customer using site-specific factors including, but not limited to, persons per household, irrigated area, weather (expressed as Evapotranspiration rate), plant factor, and days of service. Water budgets are calculated differently for residential, dedicated irrigation (landscape), and commercial mixed-use (indoor and outdoor) water service accounts. Water budgets are considered the combination of Tier 1 and/or Tier 2 water use in all customer classes subject to water budget rates. Customer classes are: Residential, Multi-Family, Irrigation, and Non-Residential. 34 10.04 Evapotranspiration (ET) Rate - Evapotranspiration is a measure of water transpired through plant tissue and evaporated from the soil in the planted area over a period of time. The unit of measure is expressed in inches of ET. ET measurements are obtained from weather station(s) situated in the District’s service area; each station provides the data to be applied for specific zones within the District. The weather stations are calibrated on a monthly basis by a certified CIMIS (California Irrigation Management Information System) professional. Weather data is gathered on a daily basis and accumulated for each billing period. 10.05 Monthly Plant Factor - The monthly plant factor is used to more clearly define the needs of plant material. The District’s monthly plant factor comes from the University of California – Riverside’s research on the water needs of cool-season turf grass. The plant factors (shown in Row A of the table below), when averaged over the entire calendar year, match the annual ET Adjustment factors listed in the State of California Model Water Efficient Landscape Ordinance (AB 1881). Monthly Plant factors for special landscapes are shown in Row B of the table. Special landscapes are served by a dedicated irrigation meter and include: registered historical sites, cemeteries, parks, golf courses, sport complexes/ball fields, and school yards. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average A. 0.61 0.64 0.75 1.04 0.95 0.88 0.94 0.86 0.74 0.75 0.69 0.60 0.8 B. 0.76 0.80 0.93 1.30 1.20 1.10 1.20 1.10 0.92 0.93 0.86 0.75 1 10.06 Residential Indoor Water Budget - A residential indoor water budget is calculated by multiplying the number of persons per household by 60 gallons for every day by the number of dwelling units by the drought factor in a billing period. For example, if there are 4 persons in a single-unit residence, the daily water budget would be 240 gallons (4 persons x 1 unit x 1 drought factor x 60 gallons). If there are 28 days 35 in a billing period the total indoor water budget would be 6,720 gallons (240 gallon/day x 28 days = 6,720 gallons) or 8.98 billing units (6,720 gallons ÷ 748 gallons per billing unit). 10.07 Residential Outdoor Water Budget - A residential daily outdoor water budget is calculated by multiplying the irrigated square footage associated with the water service account by the monthly Evapotranspiration rate adjusted by the monthly plant factor by the drought factor, multiplying by the conversion factor of 0.62 (square feet to gallons), and then dividing by 748 to arrive at the daily water budget in billing units. (Irrigable Square Footage x Monthly Evapotranspiration Rate x Monthly Plant Factor x drought factor x 0.62 ÷ 748 = Monthly Outdoor Budget in billing units. 10.08 Dedicated Landscape (Irrigation) Water Budget - Water budgets for dedicated irrigation accounts are calculated using the same methodology that is used for Residential Outdoor Water Budgets (described above). Dedicated Landscape accounts receive no Tier 1 allocation. 10.09 Non-Residential Mixed Use Water Budgets – Non-Residential mixed-use water budgets are based on historic use. The District calculates an average water demand for each billing period based on the water demand for the same billing periods of the prior two years. The commercial water budget may be adjusted, at the District’s discretion, to accommodate changes in business processes or to allow for business growth. 10.10 Water Budget Drought Factor - Water budgets can be adjusted in times of threatened water supply availability in order to reduce water allocations for customers through the use of the drought factor. When drought factors are implemented, indoor and/or outdoor water budgets can be reduced by a designated percentage, causing Tier 1 and/or Tier 2 allocations to be reduced, and Tier 3 ‘Inefficient Usage’ charges to become effective at lower consumption levels. 36 Drought factors can also be adjusted upward to reflect improved water supplies but not above 100%. Changes in drought factors will be established by Resolution of the District Board of Directors. 10.11 Water Budget Adjustments - Water budgets can also be adjusted to reflect a significant change in a customer’s unique efficient water needs. Adjustment forms are available for customers on the District’s website or at the District Headquarters. Rules pertaining to applicable water budget adjustments are outlined on the water budget adjustment form. 10.12 Leak Credit - In cases where a pipe break or sprinkler malfunction leads to water use in excess of an individual water budget during one or more billing periods, the District will remove the inefficient use rate increment (difference between Tier 3 and Tier 2 rates) for up to a maximum of two concurrent billing periods ending in the billing period in which a verified repair or corrective measure was conducted. In addition, all of the following conditions must be satisfied for a Leak Credit to be issued:  The customers water use was in excess of their water budget at the time of the repair;  The customer has completed a leak credit form with the required documentation showing a repair was performed;  The customer has returned to in-budget water use in the billing period immediately following the billing period during which the repair was completed;  The customer has not applied for a leak credit within the last 12 consecutive billing periods. The District will remove the tier 3 incremental charge by recalculating the impacted water bill(s) for all of the customer’s water use, including water use as a result of the 37 leak or malfunction, at the applicable Tier 2 pricing. A leak credit form may be obtained on the District website, or by visiting the District Administrative Offices. 10.13 Liens for Unpaid Bills - All unpaid bills will be made a lien against the property pursuant to these rules, regulations and California Water Code Section 31701.5 et.seq. Interest at the legal rate may accrue and be applied on all delinquent bills. The property owner remains responsible for all charges owed to the District whether or not the property owner actually lives on the premises or signs the application for water service. 10.14 Owner Liability - The property owner remains responsible for all charges owed to the District whether or not the property owner actually lives on the premises or signs the application for water service. 10.15 Meter Reading, Billing Period, and Due Date - The billing will be based on the periodic meter readings which will normally range between 26 and 32 days. If a meter fails to register during any period, or is known to register inaccurately, the customer shall be charged based on estimated usage. The billings for water service are mailed approximately, five days after the meter readings. Current charges are due when mailed and become past due if not paid on or before the due date. The due date shall be 20 days after the billing date. All billings are considered delivered upon mailing and the District is not responsible for non-receipt or non-delivery once mailed. Any payment envelope received by the District without a payment enclosed, or with an unsigned check, shall be considered non-payment. Checks received on payment of account and later returned by the bank unpaid shall also be considered as non-payment, and a returned check charge will be assessed. Accents with one or more returned checks may be required to make future payments by cash, money order, or charge card only. 10.16 Reactivation - If payment is not made, as stipulated above, and charges remain unpaid on the shut-off date stated on the delinquent billing notice, water 38 service shall be discontinued, a disconnection charge assessed, and a deposit required. If an account has been disconnected for non-payment, the original bill, delinquent and disconnection charges, and a deposit must be paid before service will be reestablished. Payment for charges on an account that has been disconnected must be made in cash, money order, or charge card. 10.17 Past Due Accounts - Rates and charges which are not paid on or before the due dates shall be subject to interest charges. Interest will be calculated at a rate of one and one-half percent (1 1/2 %) on all amounts that remain unpaid at the end of each billing cycle. The District may secure unpaid charges by filing liens on real property, as provided by law or by any other method available to the District. In the event that legal action is brought to collect unpaid charges, the District shall be entitled to the payment of all costs, including attorney’s fees. Defendant shall pay all costs associated with litigation rendered in favor of the District. 10.18 Billing of Separate Meters not Combined - Separate bills will be rendered for each meter installation. The District may, for its own convenience, consider each register of compound meters as a separate service and bill each as provided for herein. For its own convenience, the District may combine multiple services on one bill. 10.19 Opening and Closing Bills - Opening and closing bills for less than the normal billing period shall consist of charges for actual water consumption and a proration of the availability charge. 10.20 Delinquency Notice and Disconnection for Non-Payment - A delinquency notice shall be mailed to customers whose accounts are delinquent, warning that service is subject to disconnection unless payment is received within fifteen (15) calendar days from the date of mailing of the delinquent notice. The delinquency notice shall indicate the amount due, including delinquent charges, and the total amount which must be paid. Notice of any delinquency in a tenant's account shall also be sent to the owner of the property. 39 10.21 Removal of Delinquency - At the end of each calendar year, the District shall remove one delinquency from the record of each account that has one or more delinquencies. 10.22 Suit - All unpaid rates, charges and penalties herein provided may be collected by suit. 10.23 Costs - Defendant shall pay all costs of suit in any judgment rendered in favor of the District, including reasonable attorney's fees. 10.24 Discontinuing Service - Customers desiring to discontinue service should so notify the District in writing three (3) business days prior to vacating the premises. Tenants shall be liable for on-going charges whether or not any water is used, up to the time of requested discontinuance of service. Owners shall be liable for on-going charges between tenancy, and in the event of sale, up to the date title to the property is transferred to a new owner. Owners shall also be responsible for charges incurred by a tenant, but that remain unpaid after the tenant has vacated the property. Upon notice, the District will seal off the meter and take a closing reading. SECTION 11. COMPLAINTS AND DISPUTED BILLS 11.01 Right to Meet - The customer has the right to meet with the Financial Officer or General Manager to present any evidence supporting a complaint with regard to water service, District rules, regulations, resolutions or ordinances, or to dispute the accuracy of a bill for service or other charges. 11.02 Arrangement of Meeting - To arrange such a meeting, the customer shall contact the District office, either in writing or by telephone during normal business hours. 11.03 Presentation of Evidence - The customer may be accompanied by a friend, attorney, or other representative to meet with the Financial Officer or General Manager and may present any evidence they may have to support their position. 40 11.04 Unresolved Disputes - If the customer is unable to resolve his dispute with the Financial Officer or General Manager, he/she may submit the complaint in writing along with a full and detailed explanation to the Board of Directors for resolution. 11.05 Appearances Before the Board of Directors - The customer may appear before the Board of Directors at the next regularly scheduled Board meeting by notifying the District Secretary, in writing, prior to the Board meeting of the date he/she wishes to attend and what the dispute regards. The customer may then present the complaint and any evidence in support of his/her position and ask for a decision by the Board. 11.06 Delays on Action - The Board shall act promptly to resolve the dispute, but may delay a resolution of the dispute to the time of its next regular meeting in order to investigate the dispute or receive special reports related to the dispute. 11.07 Further Delays - Any further delays must be freely and willingly agreed to by the customer. 11.08 Decision of the Board - The decision of the Board of Directors shall be final. Should the Board not render a decision within sixty (60) days of application to the Board, this failure to act shall be deemed a denial of the requested action, unless both parties have agreed to extend the resolution period. 11.09 Discontinuance of Service - No water or other service shall be discontinued pending the final resolution of a dispute. 11.10 Adjustment for Fast Meter Errors - If a meter tested at the request of a customer is found to be more than five percent (5%) fast, the excess charges for the time service was rendered the customer, or excess charges for a period of six months, whichever shall be the lesser, shall be refunded to the customer. 11.11 Adjustment for Slow Meter Errors - If a meter tested at the request of a customer is found to be more than ten percent (10%) slow and shows evidence of 41 tampering, the District may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, that the meter was in use. 11.12 Non-Registering Meters - If a meter is found to be not registering, the charges for service shall be based on the estimated consumption. Such estimates shall be made from previous consumption for a comparable period, or by such other method as is determined by the District, and its decision shall be final. SECTION 12. DISCONNECTION FOR NONPAYMENT 12.01 Disconnection for Non-Payment - Water service shall be discontinued if payment for water service is not made within fifteen (15) calendar days of the date of mailing the delinquent notice. At least forty-eight (48) hours prior to termination, the District will make a reasonable attempt to notify the resident of the affected property by delivering, or causing to be delivered, a final disconnect notice to the property. At no time shall the District discontinue water service at a time when the District offices are closed. 12.01.01 Tenant Accounts – If water and other services to an account held in a tenant’s name are discontinued for non-payment, the account can be transferred, at the discretion of the District, to the owner’s name prior to reconnection of service. The account will remain in the owner’s name as long as the tenant occupies the premises. 12.02 Complaint Procedures for Disconnection - Service disconnection for non- payment of bills or for violation of any of the District's rules, regulations, ordinances or resolutions is subject to the complaint procedures specified in Section 11 herein. 12.03 Refusal or Neglect to Pay Debt - Any amount due is a debt to the District and any person, firm or corporation failing, neglecting, or refusing to pay this debt may be subject to a civil action for the amount due in a court of competent jurisdiction. 42 12.04 Lien Against Property for Non-Payment - Any unpaid debt will be deemed a lien against the real property to which service is rendered as specified herein and California Water Code Section 31701.5 et.seq. 12.05 Service Charges for Violations - If water service is discontinued for violation of any of the District's rules, regulations, resolutions or ordinances, service shall not be re-instituted until the violations have been corrected and all applicable service charges and fees as provided for herein are paid in full by cash , money order, or cashier’s check. 12.06 Partial Payments - A partial payment of a delinquent account may be accepted and credited to a customer's account, but such partial payment shall not be cause for removing the account from a delinquent status and shall not preclude the meter from being turned off for delinquency. 12.07 Authorization for Continuance of Service for Delinquent Accounts - The General Manager or his designee may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the District have been established. SECTION 13. ADDING DELINQUENT CHARGE TO TAX ROLL 13.01 Report of Delinquent and Unpaid Charges - A report of delinquent and unpaid charges for water and other services which remain unpaid and delinquent for sixty (60) days or more on July 1st of each year shall be prepared and submitted to the Board for consideration as tax liens. The unpaid delinquent charges listed in said report for each parcel of property shall be fixed at the amount listed in said report. 13.02 Adoption and Filing of Report - The Secretary shall file with the County Assessor of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino, in the time and manner specified by the County Assessors and Board of Supervisors, a copy of such written report with a statement endorsed thereon over the signature of the Secretary, that such a report has been adopted and approved by the Board of Directors and that the County Assessor shall enter the amount of such charges 43 against the respective lots or parcels of land as they appear on the current assessment roll. 13.03 Collection of Delinquent and Unpaid Charges - The amount of any charges for water and/or other services included in the report prepared and submitted pursuant to Sections 13.01 and 13.02 above shall be added to and become a part of the annual taxes next levied upon the property upon which the water for which the charges are unpaid was used, and upon the property subject to the charges for any other District services, and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien securing such annual taxes as provided in Section 12.04 above. SECTION 14. CHARGES AND DEPOSITS 14.01 Adoption - The amount of all charges and deposits described herein shall be adopted by Board resolution. 14.02 Consumption Charge - The consumption charge is the charge per hundred cubic feet for all water registered by the water service meter. 14.03 Delinquency Charges - A delinquent charge shall be added to each delinquent account at the time any amount becomes delinquent, provided that no delinquent charge shall be made on any account which at the time has no delinquencies of record. When a delinquent charge is made, such charge shall be added to the delinquent account as of the date the account becomes delinquent and the charge shall become an inseparable part of the amount due as of that time. 14.04 Disconnect Notice Charge - The disconnect notice charge is the charge which covers reasonable District costs to notify customers that their water service is subject to impending termination. 14.05 Disconnect/Reconnect Charge - The disconnect/reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection of service connections which are in violation of the provisions contained herein. 44 14.06 Fire Hydrant Installation Charge - The charge for installation of fire hydrants as may be required. 14.07 Fire Service Connection Charge - The charge for installation of fire services as may be required. 14.08 Fire Service Standby Charge - The fire service standby charge is the monthly standby charge per inch diameter of the District fire service meter. Water use through this service is limited to emergency fire requirements only. 14.09 Inspection Charge - Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection. 14.10 Meter Test Charge - The meter test charge is the charge which covers the District costs for removing, bench testing, and reinstalling the water meter to be tested. 14.11 Security Deposit - The Security deposit insures payment of minimum District charges. Upon discontinuance of service the security deposit shall be applied to reduce any outstanding charges on any accounts held by the customer with the District. The amount of deposit shall be established by the Board of Directors in the resolution on fees. The security deposit shall be refunded to the customer as provided in Section 6.04.02 herein. 14.12 Special Facility Charge - A special facility charge shall be for the development of a limited service area whenever special facilities including, but not limited to, booster stations, hydropneumatic stations and pressure regulators are required. The charge to be made to a developer or owner of land that is considered by the District to be within a limited service area shall be based upon the developer's or landowner's proportionate share of the cost of the installation of such special facility. Such proportionate share to be borne by the developer or landowner shall be based on the percentage of such development to the entire limited service area to be served by 45 the special facilities and the difference between the cost of facilities to serve the same number of acres or area under normal conditions and the cost of facilities to serve the acreage or area under special conditions at a higher cost. 14.13 Water System Charge - The system charge is the monthly availability charge applicable to all metered services, and shall apply whether or not premises served by the meter are occupied. 14.14 Unauthorized Use of Water Charge - The unauthorized use of water charge shall be charged to any person, organization or agency for each unauthorized use of District water, or for tampering in any manner with any meter belonging to the District, in which tampering shall affect the accuracy of such meter. Where the unauthorized use of water or tampering results in the District’s action to remove the meter, there shall be a charge for the removal and re-installation. 14.15 Front Footage Charge - The front footage charge is a one-time reimbursement to the District for previously constructed water mains adjacent to all sides of an unimproved property to be served. 14.16 Water Main Extension Charge - The water main extension charge is for the construction of a water main extending to the far side of the property to be served. This charge shall be based on the prevailing rates of time and material per District approved plans. The customer shall be responsible to provide the plans and for all applicable Engineering Services charges described in Section 14.18. 14.17 Water Service Connection Charge - The water service connection charge is the charge for the type and size of water service connection desired. Such regular charge shall be paid in advance by the applicant. The water service connection charge shall consist of an installation charge and a capacity charge. Where there is no regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. 46 14.17.01 Installation Charge - The installation charge shall represent the District’s cost to furnish and install the specified service. 14.17.02 Capacity Charge - The capacity charge is a fee for that incremental portion of the entire water system and District facilities that will be used by a new service. 14.18 Water System Design Charge - A non-refundable water system design charge shall be required for all main extensions, service connection and/or special facilities requiring the preparation of engineering plans and drawings. 14.19 Engineering Services Charge - The Engineering Services charge is a fee for the District's time and effort spent on assisting customers who have a requirement to construct water main extensions, or other water facilities, that must meet District needs and conform to District standards. This fee includes time and effort the District spends on plan checking, plan and easement development, and all other related work. Prior to submission of any documents requiring work by the District, a non-refundable minimum charge in the amount of 7.5% of the engineer's estimated cost for the project shall be submitted to the District. The work will be accomplished on a time and effort basis. Should the District use more funds than the original charge, the additional billed costs must be paid prior to allowing water service to the project. 14.20 Construction Water Charge - The construction water charge is a temporary flat rate water charge. It is only available during the construction phase of a new building for services 1" in diameter or less. It is available for a period not exceeding six months. 14.21 Fire Flow Test Charge - The fire flow test charge is a flat rate to cover the District's time and effort for testing parts of the water system to obtain fire flow test data and calculate results as requested. 14.22 Valve Deposit - The valve deposit is a refundable charge that is used to insure all valve cans and caps are constructed to final grade before a water system 47 construction project is complete. The District will accept a guarantee bond in lieu of a cash deposit. The fee will be returned or the bond released when valve cans and caps are constructed to final grade by the developer's contractor and verified by the District. 14.23 Service Initiation Charge - The service initiation charge is a non refundable charge which covers the reasonable District costs for initiating water service. 14.24 Returned Check Charge - A returned check charge is a charge which covers the reasonable administrative cost and banking charges for processing a returned check. 14.25 Temporary Service Charge - A temporary service is available through the use of a fire hydrant. A customer deposit for the temporary service will be required. All other applicable service charges shall apply. 14.26 Charges and Deposits - All rates, charges, fees, penalties, fines, deposits, and other methods of assessment are set by the District’s Board of Directors. The current rates and charges are set forth in Exhibit A to this current rate resolution and may be revised from time to time pursuant to the District’s procedures and applicable law. The General Manager/CEO, or appointed designee, may approve adjustment to any charges, late penalties, past due account fees or service deposits pursuant to the District’s procedures and applicable law. SECTION 15. WATER CONSERVATION 15.01 Waste or Nuisance Water and Other Substances - It is unlawful for any person, firm or corporation to deposit, drain, wash, or allow to run or divert water, mud or sand into, or upon, any public road, highway, street, alley, drainage ditch, storm drain, flood control channel owned or controlled by any public agency within the District. When a written application is filed with the District, and approved by the General Manager, a permit may be granted with terms and conditions and applicable fees as it may deem appropriate to impose to such person. For purposes of enforcement 48 of this section, the owner of the meter, or property, which is the source of the “waste or nuisance water and other substances” as defined herein will be considered the responsible party. Any violations cited hereunder, and defined as being detrimental to public health, safety or welfare, will be borne by the responsible party. 15.02 Conservation Measures - Stage No.1 Normal Conditions: Voluntary Permanent Conservation Measures -– Stagte No. 1 Normal conditions shall be in effect when the District is able to meet all the water demands of its customers in the immediate future. During these normal conditions all water users should continue to use water wisely, to prevent the waste or unreasonable use of water, and to reduce water consumption to that necessary for ordinary domestic and commercial purposes. 15.02.01 Excessive Irrigation and Related Waste - No property within the East Valley Water District service area shall cause or permit the use of water for irrigation of landscaping or other outdoor vegetation, to exceed the amount required to provide reasonable irrigation, and shall not cause or permit any unreasonable or excessive waste of water from said irrigation activities or from watering devices or systems. 15.02.02 Run-off- The free flow of water away from a meter service area shall be presumptively considered excessive irrigation and waste as defined in Section 3 herein. 15.02.03 Wash-down- No water provided by the District shall be used for the purposes of wash-down of impervious areas, without specific written authorization of the General Manager. 15.02.04 Vehicle Washing - The washing of cars, trucks or other vehicles is not permitted, except with a hose equipped with an automatic shut-off device, or a commercial facility. 15.02.05 Decorative Features –Water fountains or other decorative water features must re-circulate water. Formatted: Left, Indent: First line: 0.5" 49 15.02.06 Irrigation After Measurable Rainfall – The application of potable water to outdoor landscape for irrigation purposes during or after 48 hours of measurable rainfall is prohibited. 15.02.07 Drinking Water Provided by Restaurants - Restaurants are requested not to provide drinking water to patrons except by request. 15.02.08 Hotel and Motel – Hotels and motels must offer their guests the option to not have their linens and towels laundered daily, and must prominently display this option in each room. 15.02.09 Domestic Irrigation -The District may determine that the irrigation of exterior vegetation shall be conducted only during specified hours and/or days, and may impose other restrictions on the use of water for such irrigation. Irrigation done with a weather based irrigation controller is exempt from specified irrigation day. 15.02.10 Irrigation of Medians– Medians located within the right-of-way are prohibited from using potable water to irrigate turf or other high water use plant material as identified by the Water Use Classifications of Landscaping Species (WUCOLS) Guide. The continued irrigation and preservation of trees is encouraged. 15.02.11 Bordering Parkways –Bordering parkways located within the right-of- way are prohibited from using potable water to irrigate turf or other high water use plant material as identified by the Water Use Classifications of Landscaping Species (WUCOLS) Guide. Bordering parkways are considered the strips of non-functional ornamental turf adjacent to the street. The continued irrigation and preservation of trees is encouraged. 15.03 Stage No. 2 - Threatened Water Supply Shortage - In the event of a threatened water supply shortage which could affect the District's ability to provide water for ordinary domestic and commercial uses, the Board of Directors shall hold a public hearing at which consumers of the water supply shall have the opportunity to protest and to present their respective needs to the District. The Board may then, by 50 resolution, declare a water shortage condition to prevail, and the following conservation measures shall be in effect in addition to the permanent conservation measures in Stage No. 1: 15.03.01 Exterior Landscape Plans - Exterior landscape plans for all new development shall provide for timed irrigation, shall consider the use of drought resistance varieties of flora, and shall only utilize drip or micro-spray irrigation.be in compliance with the State Model Water Efficient Landscape Ordinance. Such plans shall be presented to and approved by the District prior to issuance of a water service letter. 15.03.02 Excessive Irrigation and Related Waste - No property within the East Valley Water District service area shall cause or permit the use of water for irrigation of landscaping or other outdoor vegetation, plantings, lawns or other growth, to exceed the amount required to provide reasonable irrigation of same, and shall not cause or permit any unreasonable or excessive waste of water from said irrigation activities or from watering devices or systems. The free flow of water away from an irrigated site shall be presumptively considered excessive irrigation and waste as defined in Section 3 herein. 15.03.01 Leaks or Breaks, Excessive loss or water use through breaks or leaks from either indoor or outdoor plumbing fixtures must be repaired within seven (7) days after discovery. 15.03.03 Agricultural Irrigation - Persons receiving water from the District who are engaged in commercial agricultural practices, whether for the purpose of crop production or growing of ornamental plants shall provide, maintain and use irrigation equipment and practices which are the most efficient possible. Upon the request of the General Manager, these persons may be required to prepare a plan describing their irrigation practices and equipment, including but not limited to, an estimate of the efficiency of the use of water on their properties. Formatted: Indent: First line: 0.5" 51 15.03.04 Commercial Facilities - Commercial and industrial facilities shall, upon request of the General Manager, provide the District with a plan to conserve water at their facilities. The District will provide these facilities with information regarding the average monthly water use by the facility for the last two year period, or the State of California approved conservation base year. The facility will be expected to provide the District with a plan to conserve or reduce the amount of water used by that percentage deemed by the Board of Directors to be necessary under the circumstances. After review and approval by the General Manager, the water conservation plan shall be considered subject to inspection and enforcement by the District. 15.03.05 Parks, Golf Courses, Swimming Pools, and School Grounds - Public and private parks, golf courses, swimming pools and school grounds which use water provided by the District shall use water for irrigation within a designated watering schedule, which may include specifiec hours and/or day(s). and pool filling between the hours of 8:00 p.m. and 6:00 a.m. 15.03.06 Medians and Bordering Parkways – Medians and bordering parkways located within the right-of-way are prohibited from using potable water to irrigate turf or other high water use plant material as identified by the Water Use Classifications of Landscaping Species (WUCOLS) Guide. Bordering parkways are considered the strips of non-functional ornamental turf adjacent to the street. The continued irrigation and preservation of trees is encouraged. 15.03.07 Domestic Irrigation - Upon notice and public hearing, the District may determine that the irrigation of exterior vegetation shall be conducted only during specified hours and/or days, and may impose other restrictions on the use of water for such irrigation. Irrigation done with a weather based irrigation controller is exempt from specified irrigation day. The irrigation of exterior vegetation through irrigation systems at other than these times shall be considered to be a waste of water. 52 15.03.08 06 Swimming Pools - All residential, public and recreational swimming pools, of all size, shall use evaporation resistant covers and shall re-circulate water. Any swimming pool which does not have a cover installed during periods of non- use shall be considered a waste of water. 15.03.09 Decorative Features – Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. 15.03.10 Run-off and Wash-down - No water provided by the District shall be used for the purposes of wash-down of impervious areas, without specific written authorization of the General Manager. Any water used on premises that is allowed to escape the premises and run off into gutters or storm drains shall be considered a waste of water. 15.03.11 Vehicle Washing - The washing of cars, trucks or other vehicles is not permitted, except with a hose equipped with an automatic shut-off device, or a commercial facility so designated on the District's billing records. 15.03.12 Drinking Water Provided by Restaurants - Restaurants are requested not to provide drinking water to patrons except by request. 15.03.13 Hotel and Motel – Hotels and motels must offer their guests the option to not have their linens and towels laundered daily, and must prominently display this option in each room. 15.03.14 07 General Manager Emergency Authority – The Board of Directors appoints the General Manager/CEO the authority, to implement and enforce measures necessary to remain in compliance with emergency statewide mandatory conservation measures. Actions taken by the General Manager/CEO in accordance with State regulations outside of those listed in this Ordinance must be reported to the Board at the next regularly scheduled meeting. 15.04 Stage No.3 - Water Shortage Emergency: Mandatory Conservation Measures - In the event of a water shortage emergency in which the District may be Formatted: Indent: First line: 0.5" 53 prevented from meeting the water demands of its customers, the Board of Directors shall, if possible, given the time and circumstances, immediately hold a public hearing at which customers of the District shall have the opportunity to protest and to present their respective needs to the Board. No public hearing shall be required in the event of a breakage or failure of a pump, pipeline, or conduit causing an immediate emergency. The General Manager is empowered to declare a water shortage emergency, subject to the ratification of the Board of Directors within 72 hours of such declaration, and the following rules and regulations shall be in effect immediately following such declarations: 15.04.01 Prohibition - Watering of parks, school grounds, golf courses, lawn water, landscape irrigation, washing down of driveways, parking lots or other impervious surfaces, washing of vehicles, except when done by commercial car wash establishments using only recycled or reclaimed water, filling or adding water to swimming pools, wading pools, spas, ornamental ponds, fountains and artificial lakes are prohibited. 15.04.02 Construction Meters - No new construction meter permits shall be issued by the District. All existing construction meters shall be removed and/or locked. 15.04.03 Commercial Nurseries and Livestock – Commercial nurseries shall discontinue all watering and irrigation. Watering of livestock is permitted as necessary. 15.05 Implementation and Termination of Mandatory Compliance Stages - The General Manager of the District shall monitor the supply and demand for water on a daily basis to determine the level of conservation required by the implementation or termination of the Water Conservation Plan Stages and shall notify the Board of Directors of the necessity for the implementation, or termination, of each stage. Each declaration of the Board of Directors implementing, or terminating, a water 54 conservation stage shall be published at least once in a newspaper of general circulation, and shall be posted at the District offices. Each declaration shall remain in effect until the Board of Directors otherwise declares, as provided herein. 15.06 Exceptions - Application for Exception Permits - The General Manager may grant permits for uses of water otherwise prohibited under the provisions of this Ordinance if he finds and determines that restrictions herein would either: 15.06.01 Hardship - Cause an unnecessary and undue hardship to the water user or the public; or 15.06.02 Emergency - Cause an emergency condition affecting the health, sanitation, fire protection or safety of the water use or of the public. 15.06.03 Exemptions Granted - Such exceptions may be granted only upon written application therefor. Upon granting such exception permit, the General Manager may impose any conditions he determines to be just and proper. 15.07 Enforcement, Inspection - Authorized employees of the District, after proper identification may, during reasonable hours, inspect any facility having a water conservation plan, and may enter onto private property for the purpose of observing the operation of any water conservation device, irrigation equipment or water facility. Employees of the District may also observe the use of water or irrigation equipment within the District from public rights-of-way. 15.08 Criminal Penalties for Violation - Water Code Section 31029 makes any violation of this Ordinance a misdemeanor and upon conviction thereof, the violator shall be punished by imprisonment, fine or by both fine and imprisonment as may be allowed by law. 15.09 Civil Penalties for Violation - In addition to criminal penalties, violators of the mandatory provisions of this Ordinance shall be subject to civil action initiated by the District as follows: 55 15.09.01 First Violation: For a first violation, the District shall issue a written notice of violation to the water user violating the provisions of this Ordinance. The notice shall be given pursuant to the requirements of Section 15.10 below. 15.09.02 Second Violation: $100.00 Surcharge - For a second violation of this Ordinance within a 12 month period, or failure to comply with the notice of violation within 30 days after notice of imposition, a surcharge of $100.00 is hereby imposed for the meter through which the wasted water was supplied. 15.09.03 Third Violation: $300.00 Surcharge - For a third violation of this ordinance within a 12 month period, or for continued failure to comply within 30 days after notice of an imposition of second violation sanctions, a one month penalty surcharge in the amount of $300.00 is hereby imposed for the meter through which the wasted water was supplied. 15.09.04 Fourth Violation: $500.00 Surcharge - For a fourth violation of this ordinance within a 12 month period, or for continued failure to comply within 30 days after notice of an imposition of third violation sanctions, a one month penalty surcharge in the amount of $500.00 is hereby imposed for the meter through which the wasted water was supplied. 15.09.05 Fifth Violation: $500.00 Surcharge and/or Installation of a Flow Restrictor - For a fifth violation of this ordinance within a 12 month period, or for continued failure to comply within 30 days after notice of an imposition of fourth violation sanctions, a one month penalty surcharge in the amount of $300.00 is hereby imposed for the meter through which the wasted water was supplied. In addition to the surcharge, the District may, at its discretion, install a flow-restricting device at such meter with a one-eighth inch (1/8") orifice for services up to one and one half (1-1/2") inch size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The charge to the customer for installing a flow-restricting Formatted: Indent: First line: 0.5" 56 device shall be based upon the size of the meter and the actual cost of installation but shall not be less than that provided in the District's Rules and Regulations. The charge for removal of the flow-restricting device and restoration of normal service shall be as provided in the District's Rules and Regulations. 15.09.064 Subsequent Violations: Discontinuance of Service – For any subsequent violation of this Ordinance, while in Stage No. 3, within the twenty-four (24) calendar months after a first violation as provided in Section 15.09.01 hereof, the penalty surcharge provided in Section 15.09.05 hereof shall be imposed and the District may discontinue water service to that customer at the premises or to the meter where the violation occurred. The charge for reconnection and restoration of normal service shall be as provided in the Rules and Regulations of the District. Such restoration of service shall not be made until the General Manager of the District as determined that the water user has provided reasonable assurances that future violations of this Ordinance by such user will not occur. 15.10 Notice - First Violation - For a first violation, written notice shall be given to the customer and/or property owner personally or by regular mail. 15.10.01 Subsequent Violations - If the penalty assessed is a surcharge for a second, third, fourth, fifth, or subsequent violation, notice may be given by regular mail. 15.10.02 Violations Involving Installation of Flow-Restrictors or Discontinuance of Water Service - If the penalty assessed is, or includes, the installation of a flow restrictor or the discontinuance of water service to the customer for any period of time, notice of the violation shall be given in the following manner: a. Personal Service - By giving written notice thereof to the occupant and/or property owner personally; or if the occupant and/or property owner is absent from his/her place of residence and from his/her assumed place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a 57 copy through the United States mail addressed to the occupant and/or owner at his/her place of business or residence; or b. Posting - If such place of residence and business cannot be ascertained, or a person of suitable age or discretion cannot be located, then by affixing a copy in a conspicuous place on the property where the failure to comply is occurring and also by delivering a copy to a person there residing, if such person can be found, and also sending a copy through the United States mail addressed to the occupant at the place where the property is situated and the owner if different. 15.10.03 Form of Notice - All notices provided for in this Section shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the occupant/owner of his/her right to hearing on the violation. 15.11 Community Advisory Commission - The District may establish a Community Advisory Commission (Commission) consisting of 5 District customers appointed by the Board of Directors to serve in the capacity as herein described. The Commission is authorized to hear appeals from enforcement decisions made by the General Manager for violations of the water conservation measures provided in Section 15 of this ordinance. The Commission shall serve as an advisory body to the Board of Directors. The Board of Directors shall consider the recommendations of the Commission but will not be bound thereby. 15.11 Hearing - Any customer or property owner against whom a penalty is levied pursuant to this ordinance shall have a right to a hearing, in the first instance by the General Manager, with the right of appeal to the Conservation Commission, and ultimately to the Board of Directors, on the merits of the alleged violation upon the written request of that customer within fifteen (15) days of the date of alleged violation to the District Clerk. At the next regularly scheduled commission meeting, the customer may then appear and present any evidence in support of his position and ask Formatted: Justified, Indent: First line: 0.5" Formatted: Underline Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 58 for a decision by the Conservation Commission. Customers may then appeal the Conservation Commission’s decision at the next regularly scheduled Board Meeting. 15.11.01 – Conservation Commission- While Stage No. 2 or Stage No. 3 of this plan are activated, tThe District shallmay establish a Conservation Commission consisting of three (3) District customers appointed by the Board of Directors to serve in the capacity as herein described.from enforcement decisions made by the General Manager provided in Section 15 of this ordinance. The Conservation Commission is authorized to heal appeal requests for Water Supply Shortage violations and make recommendations on their enforcement to the Board of Directors. 15.11.01 Hearings - Any customer or property owner against whom a penalty is levied pursuant to this ordinance (Appellant) shall have a right to a hearing, in the first instance by the General Manager, with the right to appeal to the Commission. Within 15 days of the date of the alleged violation, the Appellant shall submit a written request for a hearing to the District Clerk. The hearing shall be conducted by the General Manager within 30 days from the date of the written request submitted to the District Clerk. The General Manager shall issue his ruling in writing. The Appellant may appeal the ruling of the General Manager within 10 days thereof by filing written notice of appeal with the District Clerk. At the next regularly scheduled Commission meeting, the Appellant may appear and present evidence in support of his appeal. The Commission will issue a written recommendation to the Board of Directors who will issue a final determination of the appeal. The Board of Directors may issue its final determination based upon the recommendation of the Commission, or may call for an additional hearing. The ruling of the Board of Directors shall be final and binding upon the Appellant and the District. 15.12 Delays on Action - The Conservation Commission and Board shall act promptly to resolve the dispute, but may delay a resolution of the dispute to the time Formatted: Justified, Indent: First line: 0.5" Formatted: Underline Formatted: Font: Not Bold 59 of its next regular meeting in order to investigate the dispute or receive special reports related to the dispute. 15.13 Decision of the Board - The decision of the Board of Directors shall be final. Should the Board not render a decision within sixty (60) days of application to the Board, the failure to act shall be deemed a denial of the requested action, unless both parties have agreed to extend the resolution period. SECTION 16. EFFECTIVE DATE This Ordinance shall take effect and replace Ordinance 395 as of the 1st 29th day of June 2015September 2016. Adopted this 27th 28th day of May 2015September 2016 ROLL CALL: Ayes: Noes: Absent: Abstain: James Morales, Jr.Ronald Coats, Board President ATTEST: _______________________ John J. Mura, Secretary East Valley Water District Resolution 2016.22 Page 1 of 2 RESOLUTION 2016.22 RESOLUTION OF THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT ADOPTING DISTRICTWIDE WATER CONSERVATION MEASURES WHEREAS, on January 17, 2014, Governor Jerry Brown proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS, on April 25, 2014, Governor Jerry Brown proclaimed a continued State of Emergency to exist throughout the State of California due to the ongoing drought conditions; and WHEREAS, on March 27, 2015, the State of California Water Resources Control Board adopted emergency regulations for increased drought emergency water conservation measures through December 23, 2015; and WHEREAS, on April 1, 2015, Governor Jerry Brown issued Executive Order B-29-15 directing statewide mandatory water reductions by imposing restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016; and WHEREAS, on May 9, 2016, Governor Jerry Brown issues an executive order to establish a new water use efficiency framework; and WHEREAS, the State of California is experiencing a multi-year drought emergency resulting in record low snowpack in the Sierra Nevada mountains, decreased water storage levels; and reduced river flows; and WHEREAS, Ordinance 396 Section 15 addresses the District’s ability to respond to a threatened water supply shortage; and NOW, THEREFORE, be it resolved by the Board of Directors of East Valley Water District as follows: SECTION 1 The Board of Directors shall deactivate the Stage 2 Threatened Water Supply Shortage declared on May 27, 2015; East Valley Water District Resolution 2016.22 Page 2 of 2 SECTION 2 East Valley Water District shall operate in Stage 1 Water Conservation Measures in perpetuity, or until a water emergency necessitates the activation of a Stage 2 Threatened Water Supply Shortage as written in Ordinance 396. SECTION 3 Irrigation of exterior vegetation may only take place between the hours of 6:00 p.m. and 6:00 a.m. Limits on watering times for the irrigation turf does not apply to the following categories of use: a. Watering for very short periods of time for the express purpose of adjusting or repairing an irrigation system. b. Watering or irrigating by use of a hand-held bucket or similar container. ADOPTED this 28th day of September 2016. ROLL CALL: Ayes: Noes: Absent: Abstain: Ronald L. Coats Board President September 28, 2016 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2016.22 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held September 28, 2016. ___________________________ John Mura Board Secretary EAST VALLEY WATER DISTRICT Administrative Policies & Programs   Policy Title: Conservation Community Advisory Commission Policy Approval Date: August 26, 2015March 9, 2016September 28, 2016 Policy No: Page 1 of 5 Purpose The purpose of this policy is to establish guidelines and instructions for establishing a Conservation Community Advisory Commission authorized to hear appeal requests for water supply shortage violations and make recommendations on their enforcement to the Board of Directors. This Commission shall only remain in place so long as the District remains in a Drought State of Emergency. Definitions A. For the purpose of this policy, the following definitions shall apply: 1. District: East Valley Water District 2. Board: A member of the East Valley Water District Board of Directors 3. Commission: The Conservation Community Advisory Commission 4. Applicant: Customer or property owner appealing a penalty levied pursuant to the Water Supply Contingency Plan Policy A. The Commission may be presented with District projects and programs as a means of community engagement to garner feedback at various stages of implementation. a. The Commission does not have the authority to implement or cancel District projects or programs. A.B. Applicants shall have a right to a hearing, in the first instance by the General Manager, with the right of appeal to the Commission, and ultimately to the Board, pursuant to the procedures hereinafter set forth in Ordinance 396: a. Any Applicant who has received a notice of violation may file a written request for an appeal hearing to the General Manager of the District. The request for hearing shall be filed with the District Clerk within fifteen (15) days of the issuance of the notice of violation. The request for hearing shall set forth in detail all facts supporting the Applicant’s request; b. The General Manager shall, within fifteen (15) days of receiving the request for appeal, provide written notice to the Applicant of the hearing date, Formatted EAST VALLEY WATER DISTRICT Administrative Policies & Programs   Policy Title: Conservation Community Advisory Commission Policy Approval Date: August 26, 2015March 9, 2016September 28, 2016 Policy No: Page 2 of 5 time, and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the Applicant unless a later date is agreed to by the Applicant. At the hearing, the Applicant shall have the opportunity to present written and verbal evidence supporting its position concerning the notice of violation. The hearing shall be conducted in accordance with procedures established by the General Manager; c. After the conclusion of the hearing, the General Manager shall set forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or dismiss the notice of violation. The General Manager shall make his/her determination and shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the General Manager shall be sent by certified mail to the Applicant at the Applicant’s designated address; d. The order of the General Manager shall be final in all respects fifteen (15) days after it is mailed to the Applicant unless a request for appeal hearing is filed with the Commission as provided for herein; e. The Applicant may appeal the order of the General Manager by filing a request for appeal hearing to the Commission prior to the date that the General Manager’s order becomes final. The request for appeal hearing shall be filed in writing with the District Clerk. The request for appeal hearing shall set forth in detail all the issues in dispute for which the Applicant seeks determination and all facts supporting Applicant’s request; f. The District Clerk shall, within fifteen (15) days of receiving the request for appeal hearing, provide written notice to the Applicant of the hearing date, time, and place. The hearing date shall be not more than thirty (30) days from the mailing of such notice by certified mail to the Applicant unless a later date is agreed to by the Applicant; g. At the hearing, the Applicant shall have the opportunity to present written and verbal evidence supporting its position concerning the decision of the General Manager, in accordance with procedures established by the Commission; h. The Commission shall make its determination whether to uphold, modify, or reverse the General Manager’s decision and shall issue its decision and order EAST VALLEY WATER DISTRICT Administrative Policies & Programs   Policy Title: Conservation Community Advisory Commission Policy Approval Date: August 26, 2015March 9, 2016September 28, 2016 Policy No: Page 3 of 5 within thirty (30) calendar days of the hearing. The written decision and order of the Commission shall be deemed final upon its adoption. In the event the Commission fails to reverse or modify the General Manager’s order, it shall be deemed affirmed. The decision of the Commission shall be mailed to the Applicant by certified mail; i. Applicants may then appeal the Commission’s decision at the next regularly scheduled Board Meeting by filing written notice of appeal with the District Clerk within fifteen (15) days of the date of mailing of the Commission’s decision. The appeal shall be heard at the next regularly scheduled Board meeting. The Board may exercise its discretion to resolve the dispute and may request and receive special reports or additional information as it deems necessary; and j. The decision of the Board shall be final. B. All Commission meetings shall be open to the public and notice of the meeting agenda published by the District at least seventy-two (72) hours in advance. C. A majority of the Commission members shall constitute a quorum. A quorum shall be present for the Commission to take any official action. D. Commission members shall serve on a voluntary basis, with no compensation, stipend, or benefits. E. Commission membership shall require the following: a. A Commission Chair shall be appointed by the Board for a one (1) year term of office to preside over all Commission meetings and shall be eligible to vote on any matter before the Commission; b. A member of the Commission moving outside the District shall constitute a resignation from the Commission effective upon the date the member fails to meet appointment criteria; c. Commission members must inform the designated staff member of any anticipated absence and notification shall be made immediately after receipt of the agenda. Absences due to sickness, death, or other EAST VALLEY WATER DISTRICT Administrative Policies & Programs   Policy Title: Conservation Community Advisory Commission Policy Approval Date: August 26, 2015March 9, 2016September 28, 2016 Policy No: Page 4 of 5 emergencies of a like nature shall be regarded as approved absences and shall not affect the member’s status on the Commission; except that in the event of a long illness or other such case for prolonged absence the member may be replaced; d. A District staff member shall serve as liaison to the Committee, attend all meetings of the Commission, and participate in any discussions, but shall not have the right to vote on any matter before the Commission; and e. The Board shall provide the Commission with appropriate administrative direction, as needed. Commission Appointment Criteria The Commission shall consist of three (3)up to five (5) District customers recommended by the General Manager/CEO, appointed by the consensus of the Board, meeting the following appointment criteria: A. Customer of the District and reside within the District boundary; B. Non-governing Board Member of employee of the District; C. Able to serve a two-year term, with no term limits at the pleasure of the Board; D. Able to participate in monthly meetings, as needed; E. Meet the selection process criteria as established by the General Manager/CEO; and F. Appointment may be revoked by the Board of Directors at any time. Meeting Schedule The Commission shall establish a recurring meeting date and time to hear authorized appeal requests for water supply shortage violations. Meetings may be cancelled in the absence of appeal requests. Meeting Procedures EAST VALLEY WATER DISTRICT Administrative Policies & Programs   Policy Title: Conservation Community Advisory Commission Policy Approval Date: August 26, 2015March 9, 2016September 28, 2016 Policy No: Page 5 of 5 Meetings shall be conducted in a manner that is consistent with state and local laws. A. Written confirmation of the decision of the Commission shall be sent to the Applicant, Board, and the District’s General Manager within five (5) business days following the conclusion of the hearing. Attachments A. Water Supply Contingency Plan (Ordinance 395396) BOARD AGENDA STAFF REPORT Agenda Item #12. Meeting Date: September 28, 2016 Dis cus s io n Item To: Governing Bo ard Memb ers From: General Manager/CEO Subject: As s oc iation o f S an Bernardino County Sp ecial Dis tricts (ASBCD) Bo ard Memb er Sup p ort Res olution RECOMMENDATION: Ap p ro ve Res olutio n 2016.23 to s upport placing in no mination Ro nald L. Co ats as a board member of the As s o ciation of San Bernard ino Co unty Special Dis tric ts. BACKGROUND / ANALYSIS: T he As s o c iation o f San Bernardino Co unty Special Dis tricts was formed to c reate lo cal networks o f s pec ial d istrict lead ers who meet to dis cus s regional is s ues, s hare id eas and engage in educ ation opp o rtunities. ASBCSD is c o mpris ed of 22 memb er agenc ies and 6 as s oc iate members loc ated within S an Bernard ino c o unty. ASBCSD’s Board is s eeking members who are interes ted in filling three Board Member pos itions for the 2017- 18 term. In order fo r c and id ates to be considered for a Board Member p ositio n, they mus t obtain a Res olutio n o f s upport from the memb er agency (East Valley Water Dis trict), and s ub mit the requested information to AS BCSD by Oc tober 14, 2016. Staff is rec ommend ing that the Board of Direc tors s uppo rt C hairman Coats’ interes t in s erving as a AS BCSD Board Member. AGENCY IDEALS AND ENDEAVORS: Ideals and Endeavor III - Demons trate Vis io nary Lead ers hip To Enhanc e Dis trict Identity (B) - S trengthen regio nal, s tate and national p artnership s REVIEW BY OTHERS: T his agend a item has b een reviewed b y the Ad minis trative staff. Recommended by: Jo hn Mura General Manager/CEO FISCAL IMPACT : T here is no fis c al imp ac t as s o c iated with this agenda item. ATTACHMENTS: Description Type Resolution 20 16.23 Resolution Lette r East Valley Water District Resolution 2016.23 Page 1 of 2 RESOLUTION NO. 2016.23 A RESOLUTION OF THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT PLACING IN NOMINATION RONALD L. COATS AS A BOARD MEMBER OF THE ASSOCIATION OF SAN BERNARDINO COUNTY SPECIAL DISTRICTS Be it resolved by the Board of Directors of East Valley Water District as follows: A. Recitals (i) The Board of Directors of the East Valley Water District does encourage and support the participation of its members in the affairs of the Association of San Bernardino County Special Districts (ASBCSD). (ii) Ronald L. Coats has indicated a desire to serve as a Board Member of San Bernardino County Special Districts. B. Resolves NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of East Valley Water District, (i) Does place its full and unreserved support in the nomination of Ronald Coats for Board Member of the Association San Bernardino County Special Districts. (ii) Does hereby determine that the expenses attendant with the service of Ronald L. Coats in the Association of San Bernardino County Special Districts shall be borne by the East Valley Water District. ADOPTED this 28th day of September, 2016. Ayes: Noes: Absent: Abstain: _____________________________ Ronald L. Coats Board President East Valley Water District Resolution 2016.23 Page 2 of 2 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2016.23 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held September 28, 2016. _________________________ John Mura Board Secretary EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Community Advisory Commission Policy Approval Date: September 28, 2016 Policy No: Page 1 of 3 Purpose The purpose of this policy is to establish guidelines and instructions for establishing a Community Advisory Commission authorized to hear appeal requests for Water Supply Contingency Plan violations and make recommendations on their enforcement to the Board of Directors and to participate in the review of District projects and programs as assigned by the General Manager, for comment and feedback. Definitions A. For the purpose of this policy, the following definitions shall apply: 1. District: East Valley Water District 2. Board: The East Valley Water District Board of Directors 3. Commission: The Community Advisory Commission 4. Applicant: Customer or property owner appealing a penalty levied pursuant to the Water Supply Contingency Plan Policy A. The Commission may be presented with District projects and programs as a means of community engagement to garner feedback at various stages of implementation. The Commission does not have the authority to implement or cancel District projects or programs. B. Applicants shall have a right to a hearing, in the first instance by the General Manager, with the right of appeal to the Commission, as an advisory body to the Board, pursuant to the procedures set forth in Ordinance 396 C. All Commission meetings shall be open to the public and notice of the meeting agenda shall be published by the District at least seventy-two (72) hours in advance. EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Community Advisory Commission Policy Approval Date: September 28, 2016 Policy No: Page 2 of 3 D. A majority of the Commission members shall constitute a quorum. A quorum shall be present for the Commission to take any official action. E. Commission members shall serve on a voluntary basis, with no compensation, stipend, or benefits. F. Commission membership shall require the following: a. A Commission Chair shall be appointed by the Board for a one (1) year term of office to preside over all Commission meetings and shall be eligible to vote on any matter before the Commission; b. Members of the Commission must reside within the District and a member of the Commission relocating outside the District shall constitute a resignation from the Commission effective upon the date the member fails to meet appointment criteria; c. Commission members must inform the designated staff member of any anticipated meeting absence and notification shall be made immediately after receipt of the agenda. Absences due to sickness, death, or other emergencies of a like nature shall be regarded as approved absences and shall not affect the member’s status on the Commission; except that in the event of a long illness or other such case for prolonged absence the member may be replaced, at the discretion of the Board; d. A District staff member shall serve as liaison to the Commission, attend all meetings of the Commission, and participate in any discussions, but shall not have the right to vote on any matter before the Commission; and Commission Appointment Criteria The Commission shall consist of up to five (5) District customers recommended by the General Manager/CEO, appointed by the consensus of the Board, meeting the following appointment criteria: EAST VALLEY WATER DISTRICT Administrative Policies & Programs Policy Title: Community Advisory Commission Policy Approval Date: September 28, 2016 Policy No: Page 3 of 3 A. Customer of the District and must reside within the District boundary; B. May not be a governing Board Member or employee of the District; C. Able to serve a two-year term, with no term limits at the pleasure of the Board; D. Able to participate in monthly meetings, or as needed; E. Meet the selection process criteria as established by the General Manager/CEO; and F. Appointment may be revoked by the Board of Directors at any time. Meeting Schedule The Commission shall establish a recurring meeting date and time to hear authorized appeal requests for Water Supply Contingency Plan violations. Meetings may be cancelled in the absence of appeal requests. Meeting Procedures Meetings shall be conducted in a manner that is consistent with state and local laws. Attachments A. Water Supply Contingency Plan (Ordinance 396)