Loading...
HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 05/12/2021REGULAR BOARD MEETING & PUBLIC HEARING Via Teleconference May 12, 2021 - 5:30 PM31111 Greenspot Road, Highland, CA 92346 In an effort to prevent the spread of COVID-19 and in accordance with Governor Newsom's Executive Order N-25-20 and N-29-20, this meeting is being conducted via teleconference. There will be no public location for attending this meeting in person. Members of the public may listen and provide public comment telephonically. Anyone wishing to join the meeting may do so using the following information: DIAL: 1-209-425-5876 and enter CONFERENCE ID: 878 461 520# You may also join by clicking HERE to join the meeting via Microsoft Teams. 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 PLEDGE OF ALLEGIANCE 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 2.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.March 24, 2021 Regular Board Meeting Minutes b.Approve Directors' fees and expenses for April 2021 c.Financial Statements for March 2021 DISCUSSION AND POSSIBLE ACTION ITEMS 3.Consider Adoption of Ordinance 400 - East Valley Water District Sewer Regulations and Service Charge Ordinance, Public Hearing 4.Consider Adoption of Ordinance 401 - East Valley Water District Water Regulations and Service Ordinance, Public Hearing 5.Consider Adoption of Resolutions 2021.07 and 2021.08 - Updating the Schedule of Water and Wastewater Rates and Charges and Certain Miscellaneous Fees, Public Hearing REPORTS 6.Board of Directors' Reports 7.General Manager/CEO Report 8.Legal Counsel Report 9.Board of Directors' Comments ADJOURN PLEASE NOTE: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the District's office located at 31111 Greenspot Rd., Highland, during normal business hours. Also, such documents are available on the District's website at www.eastvalley.org subject to staff's ability to post the documents before the meeting. Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or accommodation, including auxiliary aids or services, that is sought in order to participate in the above- agendized public meeting should be directed to the District Clerk at (909) 885-4900 at least 72 hours prior to said meeting. 1 Minutes 03/24/2021 sma Draft pending approval EAST VALLEY WATER DISTRICT March 24, 2021 REGULAR BOARD MEETING VIA TELECONFERENCE MINUTES The Chairman of the Board called the meeting to order at 3:31 p.m. PRESENT: Directors: Carrillo, Coats, Goodrich, Morales, Smith ABSENT: None STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief Financial Officer; Jeff Noelte, Director of Engineering and Operations; Kelly Malloy, Director of Strategic Services; Shayla Antrim, Senior Administrative Assistant LEGAL COUNSEL: Jean Cihigoyenetche GUEST(s): Members of the public PUBLIC COMMENTS Chairman Smith declared the public participation section of the meeting open at 3:32 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF AGENDA M/S/C (Morales-Goodrich) by unanimous roll call vote that the March 24, 2021 agenda be approved as submitted. CLOSED SESSION The Board entered into Closed Session at 3:33 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54957 and 54956.8 to discuss the item(s) listed on the agenda. THE BOARD RECONVENED THE MEETING AT 5:30 P.M. Director Coats led the flag salute. ROLL CALL PRESENT: Directors: Carrillo, Coats, Goodrich, Morales, Smith ABSENT: None 2 Minutes 03/24/2021 sma ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2: Legal Counsel stated that no reportable action was taken. With respect to Item #3: Legal Counsel stated that no reportable action was taken. PUBLIC COMMENTS Chairman Smith declared the public participation section of the meeting open at 5:32 p.m. There being no written or verbal comments, the public participation section was closed. DISBURSEMENTS M/S/C (Carrillo-Goodrich) by unanimous roll call vote that the General Fund Disbursements #257318 through #257450 which were distributed during the period of February 1, 2021 through February 28, 2021, bank drafts, and ACH Payments in the amount of $5,853,098.62 and $350,972.48 for payroll and benefit contributions, totaling $6,204,071.10 be approved. APPROVE THE FINANCIAL STATEMENTS FOR JANUARY 2021 M/S/C (Carrillo-Goodrich) by unanimous roll call vote that the Board approve the financial statements for January 2021 as submitted. ADOPTION OF GRANT STRATEGY UPDATE The Director of Strategic Services provided an overview of updates made to the District’s Grant Strategy document. She stated that the District has gone through a dynamic transformation since the document was originally adopted in 2012. She described the purpose and key elements of the document; and stated that it identifies roles and responsibilities of those working in relation to the Grant Strategy and that it feeds into the Five-Year Work Plan. Ms. Gail Shelton commented that she is pleased that the District is going after grants that tie in with the District’s Strategic Plan. M/S/C (Coats-Goodrich) by unanimous roll call that the Board adopt the updated Grant Strategy as submitted. ADOPT RESOLUTION 2021.06 UPDATING INVESTMENT POLICY 7.6 The Chief Financial Officer stated that the investment policy is required by State statues to be reviewed annually; he reviewed minor modifications to the policy that were derived from comments from reviewers at the California Municipal Treasurers Association. 3 Minutes 03/24/2021 sma M/S/C (Morales-Goodrich) by unanimous roll call vote that the Board adopt Resolution 2021.06 as submitted. CONSIDER APPROVAL OF BUDGET AMENDMENT TO FULLY FUND PURCHASE CONTRACT FOR STERLING NATURAL RESOURCE CENTER NETWORK SOFTWARE/LICENSING The Chief Financial Officer provided information regarding staff’s request to increase the budget in the amount of $250,000 for installation and licensing of network software at the Sterling Natural Resource Center. He stated that water sales for the current fiscal year are projected to exceed $1.2 million and requests that the additional commitment of $250,000 be added to the $400,000 already approved during the mid-year budget review. M/S/C (Carrillo-Goodrich) by unanimous roll call vote that the Board approve a budget increase of $250,000 for installation and licensing of network software at the Sterling Natural Resource Center and a $250,000 increase in water sales as submitted. REVIEW GENERAL MANAGER/CEO ACHIEVEMENT OF GOALS & OBJECTIVES AND DETERMINATION OF PERFORMANCE AWARD Legal Counsel stated that pursuant the General Manager/CEO’s employment contract, he is entitled to an annual review of his performance by the Board of Directors to determine if his Goals and Objectives have been met for the preceding year, and to determine the overall performance of his work. He stated that in closed session matters were discussed and considered by the Board, and a consensus was reached. Pursuant to section three of his employment agreement the Board is charged with determining if the General Manager/CEO is entitled to his performance award of 10% of his base annual salary. The Board praised the General Manager/CEO for his performance and leadership. M/S/C (Coats-Goodrich) by unanimous roll call vote that the Board approve the General Manager/CEO’s 10% pay for performance award in the amount of $29,556.03. APPROVAL OF GENERAL MANAGER/CEO’S 2021/22 GOALS AND OBJECTIVES The General Manager/CEO’s stated that the Chairman and Vice-Chairman of the Board discussed and developed goals and objectives that reflect the priorities included in the Five-Year Plan, to be completed by the General Manager/CEO within a one-year time frame. He read aloud each of the proposed FY 2021/22 goals and objectives to the Board. Director Morales commented that the goals are ambitious, yet achievable and that they set the bar high enough to keep the District at the top of the heap. Director Carrillo agreed with Director Morales’ comments. Vice Chairman Goodrich stated that the goals are very lofty and that a lot of work goes into creating the goals and objectives. 4 Minutes 03/24/2021 sma Director Coats agreed with the comments made by the Board and added that the General Manager/CEO always stretches himself to a higher level. Chairman Smith echoed the comments of the Board. M/S/C (Goodrich-Coats) by unanimous roll call vote that the Board approve the 2021/22 General Manager/CEO’s Goals and Objectives as submitted. BOARD OF DIRECTORS’ REPORTS Director Coats reported on the following: March 15 he participated in the Association of San Bernardino County Special Districts monthly meeting where Ms. June Lopez was the guest speaker; March 16 he participated in the San Bernardino Valley Municipal Water District Board meeting; March 22 he participated in the Engineering & Operations Committee meeting; and March 23 met with General Manager/CEO and toured the Sterling Natural Resource Center. Director Carrillo reported on the following: March 23 he participated in a conference call with the General Manager/CEO to discuss the agenda; and March 23 he participated in the Inland Action meeting where he received update on community project funding. Director Morales reported on the following: March 11 he participated in the Association of California Water Agencies Legislative Symposium where they discussed legislation related to Covid relief funding; March 12 he participated in the East Valley Association of Realtors Legislative Committee meeting where he provided an update on the Sterling Natural Resource Center; March 17 he participated in Local Agency Formation Commission meeting where they reviewed their budget; March 22 he participated in the Association of California Water Agencies Region 9 meeting where they discussed proposed changes to the bylaws; and March 23 he participated in the San Bernardino Board of Water Commissioners meeting where they discussed software upgrades and the 2x2x2 Recycled Water meeting. Vice Chairman Goodrich reported on the following: March 15 he participated in the Association of San Bernardino County Special Districts meeting; March 16 he participated in the 2x2x2 Recycled Water meeting hosted by San Bernardino Valley Municipal Water District; March 17 he met with the General Manager/CEO to review the agenda and to discuss District business; and March 23 he participated in the Highland Chamber of Commerce monthly meeting. Chairman Smith reported on the following: March 11 he participated in the Association of California Water Agencies Legislative Symposium; March 16 he participated in the 2x2x2 Recycled Water meeting hosted by San Bernardino Valley Municipal Water District; March 17 he met with the General Manager/CEO to review the agenda and to discuss District business; and March 22 he participated in the Engineering & Operations Committee meeting. Information only. 5 Minutes 03/24/2021 sma GENERAL MANAGER/CEO REPORT The General Manager/CEO stated that Prop 218 notices were mailed to property owners to share information about the proposed changes in rates. The public hearing is scheduled for May 12, which will be held virtually due to Covid-19 and that the public is encouraged to participate and attend. The General Manager/CEO announced upcoming meetings and events: • April 8 at 2:00 p.m. the District will be holding its Legislative & Public Outreach Committee meeting. • April 13th at 3:30 the District will be holding its Finance & Human Resources Committee meeting. The General Manager/CEO thanked the public for their continued support during these trying times and for participating in the District’s teleconferencing meetings; and stated that the District will continue to hold meetings via teleconference until further notice. Information only. LEGAL COUNSEL REPORT No report at this time. BOARD OF DIRECTORS’ COMMENTS Direct Coats thanked staff for their reports and presentations. Director Morales commended the General Manager/CEO on his performance for the year. Chairman Smith thanked Ms. Gail Shelton and the public for attending the meeting. Information only. ADJOURN The meeting adjourned at 6:42 p.m. ___________________________ David E. Smith, Board President __________________________ John Mura, Secretary R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Jus tine Hendric ks en District C lerk B OAR D AG E N D A S TAF F R E P O RT Agenda Item #2.b. Meeting Date: May 12, 2021 C ons ent Item To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: Ap prove Directo rs' fees and exp enses for April 2021 R E COMME N D AT IO N: S taff rec o mmend s that the Board ap prove the G o verning Bo ard Members ' F ees and Expens es fo r April 2021. B AC KG R O UN D / AN ALYS IS : T he Bo ard has ins truc ted s taff to list all d irec tor fees and expenses as a s ep arate agenda item to s ho w full fisc al transparenc y. O nly after Board review and ap p ro val will the c o mpens ation and exp ens es be p aid. AGE N C Y GOALS AN D OB J E C T IVE S: G oal and O b jec tives I I - Maintain a C o mmitment to S us tainab ility, Trans p arency, and Ac countability a) P rac tic e Transparent and Ac countable F isc al Management R E VIE W B Y O T HE R S : T his agend a item has been reviewed b y the Administration d ep artment. F IS CAL IMPAC T T he fis c al imp ac t as s o c iated with this agenda item is $8,050.00 whic h is inc luded in the c urrent fisc al b udget. ATTAC H M E NTS: Description Type Directo rs' Expe nse Reports April 20 21 Backup Material R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Brian Tomp kins C hief F inancial O fficer B OAR D AG E N D A S TAF F R E P O RT Agend a Item #2.c. Meeting Date: May 12, 2021 C ons ent Item To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: F inanc ial S tatements fo r Marc h 2021 R E COMME N D AT IO N: S taff recommends that the Board o f Direc tors (Board ) ac cept and file the attached financial s tatements as o f, and fo r the perio d end ed, Marc h 31, 2021. B AC KG R O UN D / AN ALYS IS : Inc luded herewith fo r the Board’s review is a summary of Eas t Valley Water Dis trict’s financial res ults , as o f March 31, 2021. AGE N C Y GOALS AN D OB J E C T IVE S: G oal and O b jec tives I I - Maintain a C o mmitment to S us tainab ility, Trans p arency, and Ac countability a) P rac tic e Transparent and Ac countable F isc al Management R E VIE W B Y O T HE R S : T his agend a item has been reviewed b y the F inanc e Department. F IS CAL IMPAC T T here is no fis cal imp ac t as s oc iated with this agend a item. ATTAC H M E NTS: Description Type M arch 2 021 Financial Statement Mo nthly Review Backup Material M arch 2 021 Financial Statements Backup Material FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 1 The following is a highlight summary of the District’s financial results as of March 31, 2021. Please note all values presented are in millions (unless otherwise noted). Statement of Net Position Total assets at March 31, 2021 are $342.05 million. CLASSIFICATION WATER WASTEWATER DISTRICT TOTAL Cash and Investments $ 20.69 $ 6.31 $ 27.00 Utility Plant, Net 105.33 18.84 124.17 Other Assets 38.70 152.18 190.88 Current Liabilities 11.04 12.48 23.52 Long Term Liabilities 47.68 124.89 172.57 Beginning Net Position 96.60 38.07 134.67 Change in Equity 9.40 1.90 11.30 TOTAL NET POSITION $ 106.00 $ 39.97 $ 145.97 Cash and Investments are $27 million for the month of March, an increase of $7.79 million from the prior month. In March, the District paid $5.1 million for construction costs incurred in February while also receiving Claim 16 for $12.31 million. The Wastewater Fund’s Due from Other Governments now includes Claims 17, 18 and 19 for construction costs incurred for the SNRC bringing the ending balance to $12.75 million. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 2 $0 $5 $10 $15 $20 $25 $30 $35 $40 Mi l l i o n s CASH & INVESTMENTS Restricted Unrestricted Comparing current assets to current liabilities, the District has a current ratio at March 31, 2021 of 1.97 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 period ending March 31, 2021. 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. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 3 Total Revenues & Expenses through March 31, 2021 are summarized below (in millions): Column1 WATER WASTEWATER DISTRICT TOTAL Revenue $ 21.96 $ 10.93 $ 32.89 Expense 12.56 9.03 21.59 Water Sales for the month ending March 31, 2021 were $934K; $286K over staff projections for the month and $905K over projections, year-to-date. $- $0.5 $1.0 $1.5 $2.0 $2.5 M i l l i o n s WATER SALES BY TIER Tier 1 Tier 2 Tier 3 FY 2020-21 Amended Projection FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 4 Water Sales by Customer Class The table below shows the District’s water sales for the month of March 2021 by customer class. The following icons are to compliment the graph below: positive change, no change, negative change when comparing actuals versus projections. CUSTOMER CLASS ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential 562,042$ 359,000$ 203,042$ 57% Multi-Family 221,194 194,000 27,194 14% Commercial 66,522 74,000 (7,478) -10% Irrigation 84,469 21,000 63,469 302% TOTAL $ 934,227 $ 648,000 $ 286,227 44% The following table displays customer class by tier for the month of March 2021: CUSTOMER CLASS TIER ACTUAL PROJECTION $ VARIANCE % VARIANCE Residential Tier 1 296,553$ 243,000$ 53,553$ 22% Residential Tier 2 161,448 57,000 104,448 183% Residential Tier 3 104,041 59,000 45,041 76% Multi-Family Tier 1 129,912 131,000 (1,088) -1% Multi-Family Tier 2 44,738 26,000 18,738 72% Multi-Family Tier 3 46,544 37,000 9,544 26% Commercial Tier 1 53,524 60,000 (6,476) -11% Commercial Tier 2 4,244 4,000 244 6% Commercial Tier 3 8,754 10,000 (1,246) -12% Irrigation Tier 2 35,631 10,000 25,631 256% Irrigation Tier 3 48,838 11,000 37,838 344% TOTAL $ 934,227 $ 648,000 $ 286,227 44% Legend - Positive Change in Actuals - Neutral Change in Actuals - Negative Change in Actuals FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 5 The chart below is a comparative illustration of Water Revenue year-to-date compared to last year’s Water Revenue year-to-date as of March 2020. As noted in the graph, Water Revenue experienced an increase over last year. Water consumption increased 514.11 million gallons (687K HCF) compared to March of 2021. $- $5.0 $10.0 $15.0 $20.0 $25.0 3/31/2020 3/31/2021 M i l l i o n s COMPARATIVE MONTHLY WATER REVENUE (WATER SALES & METER CHARGES) Meter Tier 1 Tier 2 Tier 3 Total - $19,581,810 Total - $21,415,879 FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 6 Water Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Water Fund operating cost centers for FY 2019-20 and FY 2020-21. FINANCIAL STATEMENTS MONTHLY REVIEW MONTH ENDING MARCH 31, 2021   page | 7 Wastewater Fund Activities by Cost Center The graph below provides a year-to-date comparison of the Wastewater Fund operating cost centers for FY 2019-20 and FY 2020-21. WATER WASTEWATER DISTRICT TOTAL Assets: Current Assets: 01 Cash and Cash Equivalents 13,523,688.27$ -$ 13,523,688.27$ 02 Investments 3,054,098.85 1,473,229.69 4,527,328.54 03 Accounts Receivable, Net 4,669,334.25 272,217.82 4,941,552.07 04 ‐ Interest Receivable - 3,377.19 3,377.19 14*05 Other Receivables 657,011.82 - 657,011.82 07 Due from Sewer Fund 5,253,593.58 - 5,253,593.58 06 Due from Other Governments 12,745,523.37 3,857,094.05 16,602,617.42 08 Inventory 445,863.79 6,721.16 452,584.95 09 Prepaid Expenses 345,596.78 49,024.37 394,621.15 40,694,710.71 5,661,664.28 46,356,374.99 Non-Current Assets: 10 Restricted Cash and Cash Equivalents 4,116,172.64 4,836,233.44 8,952,406.08 11 Capital Assets not being Depreciated 11,474,241.59 147,049,385.18 158,523,626.77 13 Capital Assets, Net 105,327,108.62 18,841,180.56 124,168,289.18 120,917,522.85 170,726,799.18 291,644,322.03 Total Assets:161,612,233.56 176,388,463.46 338,000,697.02 Deferred Outflow Of Resources 24*Deferred Charge on Refunding 84,674.77 - 84,674.77 25 Deferred Outflows - Pensions 3,021,838.35 947,122.44 3,968,960.79 164,718,746.68 177,335,585.90 342,054,332.58 Current Liabilities: 22 Accounts Payable and Accrued Expenses 6,486,857.65 27,441.76 6,514,299.41 29 Due to Water Fund - 5,253,593.58 5,253,593.58 23 Accrued Payroll and Benefits 2,827.10 - 2,827.10 15 Customer Service Deposits 1,350,234.30 - 1,350,234.30 16 Construction Advances and Retentions 128,235.40 6,910,931.40 7,039,166.80 17 Accrued Interest Payable 369,819.91 51,181.25 421,001.16 18 Current Portion of Compensated Absences 413,999.70 120,469.30 534,469.00 19 Current Portion of Long-Term Debt 2,286,028.45 117,499.15 2,403,527.60 11,038,002.51 12,481,116.44 23,519,118.95 Non-Current Liabilities: 20 Compensated Absences, less current portion 18,270.67 13,679.79 31,950.46 28 Net Pension Liability 9,065,574.49 2,739,565.75 11,805,140.24 21 Long Term Debt, Less Current Portion 38,033,032.09 121,951,437.07 159,984,469.16 27 Other Liabilities 1,173.64 - 1,173.64 Deferred Inflows Of Resources 26 Deferred Inflows - Pensions 563,194.25 182,013.87 745,208.12 47,681,245.14 124,886,696.48 172,567,941.62 58,719,247.65 137,367,812.92 196,087,060.57 31 Equity 96,596,112.22 38,072,161.87 134,668,274.09 96,596,112.22 38,072,161.87 134,668,274.09 Tot Total Revenue 21,963,539.52 10,928,306.79 32,891,846.31 Tot Total Expense 12,560,152.71 9,032,695.68 21,592,848.39 9,403,386.81 1,895,611.11 11,298,997.92 105,999,499.03 39,967,772.98 145,967,272.01 164,718,746.68$ 177,335,585.90$ 342,054,332.58$ Unaudited As of March 31, 2021 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: 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: Page 1 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 934,227.45$ 14,610,450.41$ 17,798,000.00$ -$ -$ -$ 17,798,000.00$ 3,187,549.59$ 42 Meter Charges 756,162.20 6,805,428.48 9,020,000.00 - - - 9,020,000.00 2,214,571.52 43 Penalties 18,629.49 124,812.36 195,000.00 8,680.69 53,464.02 130,000.00 325,000.00 146,723.62 44 Wastewater System Charges - - - 364,754.22 3,491,905.43 4,656,000.00 4,656,000.00 1,164,094.57 45 Wastewater Treatment Charges - - - 635,333.97 6,375,391.49 8,586,000.00 8,586,000.00 2,210,608.51 46 Other Operating Revenue 65,514.47 350,716.61 56,000.00 93,468.00 276,963.68 65,000.00 121,000.00 (506,680.29) 47 Non Operating Revenue 10,212.39 72,131.66 259,000.00 - 730,582.17 30,000.00 289,000.00 (513,713.83) 48 Gain or Loss on Disposition - - - - - - - - 56 Benefits - - - - - - - - 68 Depreciation - - - - - - - - Revenue Total: 1,784,746.00 21,963,539.52 27,328,000.00 1,102,236.88 10,928,306.79 13,467,000.00 40,795,000.00 7,903,153.69 - - - - - Expense by Category 51 Labor 385,674.29 3,434,902.91 5,334,400.00 109,013.76 978,755.41 1,542,600.00 6,877,000.00 2,463,341.68 56 Benefits 137,648.21 2,172,335.75 2,893,400.00 36,782.65 597,349.80 750,600.00 3,644,000.00 874,314.45 63 Contract Services 211,582.75 2,218,925.86 3,832,243.00 760,428.34 6,991,870.54 9,423,050.00 13,255,293.00 3,844,496.60 65 Professional Development 11,203.55 109,431.35 283,357.00 4,622.08 37,448.27 107,350.00 390,707.00 243,827.38 53 Overtime 25,591.02 285,817.49 357,100.00 751.17 11,984.54 27,900.00 385,000.00 87,197.97 62 Materials and Supplies 137,362.57 843,718.55 1,189,200.00 14,007.71 63,321.48 115,800.00 1,305,000.00 397,959.97 64 Utilities 168,524.78 2,110,373.76 2,500,900.00 17,358.29 94,851.64 163,100.00 2,664,000.00 458,774.60 52 Temporary Labor - - - - - - - - 67 Other 12,665.19 356,933.78 672,600.00 3,351.14 150,325.37 72,400.00 745,000.00 237,740.85 54 Standby 2,392.00 24,535.60 33,000.00 368.00 4,426.13 2,000.00 35,000.00 6,038.27 61 Water Supply 892.50 262,650.11 826,000.00 - - - 826,000.00 563,349.89 71 -Debt Service 18,089.77 740,527.55 3,961,000.00 - 102,362.50 276,000.00 4,237,000.00 3,394,109.95 81 -Capital Improvement 359,602.29 1,481,229.38 4,553,000.00 4,750.00 47,996,701.87 432,000.00 4,985,000.00 (44,492,931.25) 82 -Capital Outlay 54,333.27 481,046.33 1,321,000.00 652.70 205,496.70 550,000.00 1,871,000.00 1,184,456.97 83 -Accounting Income Add back (413,935.56) (1,962,275.71) - (5,402.70) (48,202,198.57) - - 50,164,474.28 Expense Total: 1,111,626.63 12,560,152.71 27,757,200.00 946,683.14 9,032,695.68 13,462,800.00 41,220,000.00 19,427,151.61 Total Surplus (Deficit): 673,119.37$ 9,403,386.81$ -$ 155,553.74$ 1,895,611.11$ -$ -$ -$ Unaudited Revenue and Expense Budget-to-Actual by Category Month Ended March 31, 2021 WATER WASTEWATER DISTRICT WIDE Page 2 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 934,227.45$ 14,610,450.41$ 17,798,000.00$ -$ -$ -$ 17,798,000.00$ 3,187,549.59$ 42 Meter Charges 756,162.20 6,805,428.48 9,020,000.00 - - - 9,020,000.00 2,214,571.52 43 Penalties 18,629.49 124,812.36 195,000.00 8,680.69 53,464.02 130,000.00 325,000.00 146,723.62 44 Wastewater System Charges - - - 364,754.22 3,491,905.43 4,656,000.00 4,656,000.00 1,164,094.57 45 Wastewater Treatment Charges - - - 635,333.97 6,375,391.49 8,586,000.00 8,586,000.00 2,210,608.51 46 Other Operating Revenue 65,514.47 350,716.61 56,000.00 93,468.00 276,963.68 65,000.00 121,000.00 (506,680.29) 47 Non Operating Revenue 10,212.39 72,131.66 259,000.00 - 730,582.17 30,000.00 289,000.00 (513,713.83) Revenue Total: 1,784,746.00 21,963,539.52 27,328,000.00 1,102,236.88 10,928,306.79 13,467,000.00 40,795,000.00 7,903,153.69 - - - - - Program1000 - Board of Directors 14,004.10 86,440.43 179,900.00 5,999.84 37,020.00 77,100.00 257,000.00 133,539.57 Program2000 - General Administration 43,487.05 577,003.86 912,600.00 16,846.55 229,391.85 389,400.00 1,302,000.00 495,604.29 Program2100 - Human Resources 36,477.87 626,436.13 1,079,500.00 14,988.26 259,976.19 245,500.00 1,325,000.00 438,587.68 Program2200 - Public Affairs 61,104.93 458,623.58 1,074,400.00 112,285.68 374,395.49 394,600.00 1,469,000.00 635,980.93 Program2300 - Conservation 11,776.07 186,801.37 569,000.00 - - - 569,000.00 382,198.63 Program3000 - Finance 60,207.84 615,421.43 890,700.00 25,748.10 263,500.94 381,300.00 1,272,000.00 393,077.63 Program3200 - Information Technology 30,173.02 343,342.32 673,100.00 16,489.72 178,796.06 249,900.00 923,000.00 400,861.62 Program3300 - Customer Service 75,267.82 621,168.57 1,112,100.00 33,973.33 289,646.91 394,900.00 1,507,000.00 596,184.52 Program3400 - Meter Service 19,383.20 191,635.22 290,000.00 29.82 19.85 - 290,000.00 98,344.93 Program4000 - Engineering 43,019.63 556,659.77 912,800.00 17,860.63 229,655.85 392,200.00 1,305,000.00 518,684.38 Program5000 - Water Production 231,114.31 3,325,687.31 4,493,000.00 - - - 4,493,000.00 1,167,312.69 Program5100 - Water Treatment 74,713.84 664,205.90 905,000.00 - - - 905,000.00 240,794.10 Program5200 - Water Quality 26,846.35 303,439.61 480,000.00 - - - 480,000.00 176,560.39 Program6000 - Field Maintenance Administration 22,179.39 350,394.61 390,600.00 2,737.82 32,297.62 43,400.00 434,000.00 51,307.77 Program6100 - Water Maintenance 220,231.97 1,831,980.09 2,635,000.00 - - - 2,485,000.00 653,019.91 Program6200 - Wastewater Maintenance - - - 676,501.06 6,845,466.24 9,389,000.00 9,389,000.00 2,543,533.76 Program7000 - Facilities Maintenance 82,577.01 698,966.21 824,500.00 17,665.72 143,406.82 197,500.00 1,022,000.00 179,626.97 Program7100 - Fleet Maintenance 40,972.46 381,418.75 450,000.00 5,556.61 46,759.36 50,000.00 500,000.00 71,821.89 Program8000 - Capital 18,089.77 740,527.55 9,835,000.00 - 102,362.50 1,258,000.00 11,093,000.00 10,250,109.95 Total Surplus (Deficit):673,119.37$ 9,403,386.81$ -$ 155,553.74$ 1,895,611.11$ -$ -$ -$ Revenue and Expense Budget-to-Actual by Program Month Ended March 31, 2021 Unaudited WATER WASTEWATER DISTRICT WIDE Page 3 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Revenue 41 Water Sales 934,227.45$ 14,610,450.41$ 17,598,000.00$ -$ -$ -$ 17,598,000.00$ 2,987,549.59$ 42 Meter Charges 756,162.20 6,805,428.48 9,020,000.00 - - - 9,020,000.00 2,214,571.52 43 Penalties 18,629.49 124,812.36 195,000.00 8,680.69 53,464.02 130,000.00 325,000.00 146,723.62 44 Wastewater System Charges - - - 364,754.22 3,491,905.43 4,656,000.00 4,656,000.00 1,164,094.57 45 Wastewater Treatment Charges - - - 635,333.97 6,375,391.49 8,586,000.00 8,586,000.00 2,210,608.51 46 Other Operating Revenue 65,514.47 350,716.61 56,000.00 93,468.00 276,963.68 65,000.00 121,000.00 (506,680.29) 47 Non Operating Revenue 10,212.39 72,131.66 259,000.00 - 730,582.17 30,000.00 289,000.00 (513,713.83) 48 Gain or Loss on Disposition - - - - - - - - 56 Benefits - - - - - - - - 68 Depreciation - - - - - - - - Revenue Total: 1,784,746.00 21,963,539.52 27,128,000.00 1,102,236.88 10,928,306.79 13,467,000.00 40,595,000.00 7,703,153.69 Program: 1000 - Board of Directors - - - 51 Labor 4,900.00$ 41,037.50$ 73,500.00$ 2,100.00$ 17,587.50$ 31,500.00$ 105,000.00$ 46,375.00$ 56 Benefits 3,849.60 39,081.50 56,000.00 1,649.84 16,749.25 24,000.00 80,000.00 24,169.25 62 Materials and Supplies - 136.96 700.00 - 58.70 300.00 1,000.00 804.34 63 Contract Services 5,250.00 5,250.00 38,993.00 2,250.00 2,250.00 9,300.00 48,293.00 40,793.00 65 Professional Development 4.50 934.47 10,707.00 - 374.55 12,000.00 22,707.00 21,397.98 Program: 1000 - Board of Directors Total: 14,004.10 86,440.43 179,900.00 5,999.84 37,020.00 77,100.00 257,000.00 133,539.57 Program: 2000 - General Administration - - - 51 Labor 26,824.27 241,297.39 367,500.00 11,496.13 103,108.16 157,500.00 525,000.00 180,594.45 53 Overtime 112.21 834.47 2,100.00 48.09 357.66 900.00 3,000.00 1,807.87 56 Benefits 10,961.28 181,560.50 232,400.00 2,906.93 62,104.25 99,600.00 332,000.00 88,335.25 62 Materials and Supplies 213.34 988.44 3,500.00 91.43 423.61 1,500.00 5,000.00 3,587.95 63 Contract Services 4,985.40 93,578.40 215,600.00 2,136.60 40,105.03 92,400.00 308,000.00 174,316.57 64 Utilities 153.24 1,250.16 2,100.00 65.67 535.79 900.00 3,000.00 1,214.05 65 Professional Development 237.31 57,494.50 89,400.00 101.70 22,757.35 36,600.00 126,000.00 45,748.15 Program: 2000 - General Administration Total: 43,487.05 577,003.86 912,600.00 16,846.55 229,391.85 389,400.00 1,302,000.00 495,604.29 Program: 2100 - Human Resources - - - - 51 Labor 13,597.37 118,615.19 170,100.00 5,827.43 50,822.39 72,900.00 243,000.00 73,562.42 52 Temporary Labor - - - - - - - - 53 Overtime - 289.30 2,100.00 - 123.98 900.00 3,000.00 2,586.72 56 Benefits 5,269.78 81,367.13 105,700.00 2,258.40 34,870.99 45,300.00 151,000.00 34,761.88 62 Materials and Supplies - 3,670.64 7,000.00 - 467.93 3,000.00 10,000.00 5,861.43 63 Contract Services 9,243.50 58,842.16 104,700.00 3,316.49 17,840.19 36,300.00 141,000.00 64,317.65 64 Utilities 47.10 523.39 700.00 20.19 224.33 300.00 1,000.00 252.28 65 Professional Development 500.77 12,369.05 33,600.00 214.61 5,301.01 14,400.00 48,000.00 30,329.94 67 Other 7,819.35 350,759.27 655,600.00 3,351.14 150,325.37 72,400.00 728,000.00 226,915.36 Program: 2100 - Human Resources Total: 36,477.87 626,436.13 1,079,500.00 14,988.26 259,976.19 245,500.00 1,325,000.00 438,587.68 Month Ended March 31, 2021 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Page 4 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended March 31, 2021 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 2200 - Public Affairs - - - - 51 Labor 27,492.50 226,325.11 372,500.00 11,106.70 92,980.21 159,500.00 532,000.00 212,694.68 52 Temporary Labor - - - - - - - - 53 Overtime 611.60 5,143.59 11,900.00 262.12 2,204.38 5,100.00 17,000.00 9,652.03 56 Benefits 7,249.10 97,323.88 188,300.00 2,969.35 59,714.64 80,700.00 269,000.00 111,961.48 62 Materials and Supplies 5,725.20 15,941.25 81,200.00 2,537.27 12,010.47 34,800.00 116,000.00 88,048.28 63 Contract Services 5,383.92 95,632.65 354,700.00 89,066.66 197,605.94 86,300.00 441,000.00 147,761.41 64 Utilities 5,036.80 6,248.28 38,500.00 2,226.81 4,733.21 16,500.00 55,000.00 44,018.51 65 Professional Development 9,605.81 12,008.82 27,300.00 4,116.77 5,146.64 11,700.00 39,000.00 21,844.54 Program: 2200 - Public Affairs Total: 61,104.93 458,623.58 1,074,400.00 112,285.68 374,395.49 394,600.00 1,469,000.00 635,980.93 Program: 2300 - Conservation - - - - 51 Labor 10,160.00 74,660.16 107,000.00 - - - 107,000.00 32,339.84 52 Temporary Labor - - - - - - - - 53 Overtime 72.81 72.81 7,000.00 - - - 7,000.00 6,927.19 56 Benefits 2,989.33 26,145.98 36,000.00 - - - 36,000.00 9,854.02 62 Materials and Supplies (2,991.70) 46,663.56 167,000.00 - - - 167,000.00 120,336.44 63 Contract Services 1,475.50 35,364.50 203,000.00 - - - 203,000.00 167,635.50 64 Utilities 70.13 835.36 39,000.00 - - - 39,000.00 38,164.64 65 Professional Development - 3,059.00 10,000.00 - - - 10,000.00 6,941.00 Program: 2300 - Conservation Total: 11,776.07 186,801.37 569,000.00 - - - 569,000.00 382,198.63 Program: 3000 - Finance - - - - 51 Labor 41,339.84 352,155.88 501,200.00 17,686.13 150,696.19 214,800.00 716,000.00 213,147.93 52 Temporary Labor - - - - - - - - 53 Overtime 338.88 3,526.03 9,100.00 145.24 1,511.14 3,900.00 13,000.00 7,962.83 56 Benefits 12,980.51 215,403.06 269,500.00 5,558.04 92,255.71 115,500.00 385,000.00 77,341.23 62 Materials and Supplies 1,374.50 4,306.52 7,700.00 589.07 1,845.66 3,300.00 11,000.00 4,847.82 63 Contract Services 3,593.13 35,466.86 77,000.00 1,520.63 15,236.63 33,000.00 110,000.00 59,296.51 64 Utilities 139.98 1,693.89 2,800.00 59.99 725.96 1,200.00 4,000.00 1,580.15 65 Professional Development 441.00 2,869.19 22,400.00 189.00 1,229.65 9,600.00 32,000.00 27,901.16 67 Other - - 1,000.00 - - - 1,000.00 1,000.00 Program: 3000 - Finance Total: 60,207.84 615,421.43 890,700.00 25,748.10 263,500.94 381,300.00 1,272,000.00 393,077.63 Program: 3200 - Information Technology - - - - 51 Labor 8,968.32 127,352.21 236,600.00 6,481.28 78,247.99 101,400.00 338,000.00 132,399.80 52 Temporary Labor - - - - - - - - 53 Overtime - - - - - - - - 56 Benefits 2,546.49 49,099.23 84,000.00 2,012.05 29,023.37 36,000.00 120,000.00 41,877.40 62 Materials and Supplies 1,029.54 25,458.72 30,100.00 441.24 10,910.89 12,900.00 43,000.00 6,630.39 63 Contract Services 16,783.21 134,938.74 307,000.00 7,192.80 57,830.91 93,000.00 400,000.00 207,230.35 64 Utilities 845.46 4,945.02 4,200.00 362.35 2,119.30 1,800.00 6,000.00 (1,064.32) 65 Professional Development - 1,548.40 11,200.00 - 663.60 4,800.00 16,000.00 13,788.00 Program: 3200 - Information Technology Total: 30,173.02 343,342.32 673,100.00 16,489.72 178,796.06 249,900.00 923,000.00 400,861.62 Page 5 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended March 31, 2021 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 3300 - Customer Service - - - - 51 Labor 19,137.44 159,576.98 236,500.00 10,778.18 88,265.36 178,500.00 415,000.00 167,157.66 52 Temporary Labor - - - - - - - - 53 Overtime 42.00 860.59 4,900.00 18.00 374.88 2,100.00 7,000.00 5,764.53 56 Benefits 7,798.13 140,664.86 194,300.00 4,558.09 68,927.64 47,700.00 242,000.00 32,407.50 62 Materials and Supplies - 5,454.65 6,300.00 - 2,337.72 2,700.00 9,000.00 1,207.63 63 Contract Services 19,622.54 237,488.01 525,800.00 8,409.69 99,334.60 113,200.00 639,000.00 302,177.39 64 Utilities 23,821.87 70,948.97 115,100.00 10,209.37 30,406.71 45,900.00 161,000.00 59,644.32 65 Professional Development - - 13,200.00 - - 4,800.00 18,000.00 18,000.00 67 Other 4,845.84 6,174.51 16,000.00 - - - 16,000.00 9,825.49 Program: 3300 - Customer Service Total: 75,267.82 621,168.57 1,112,100.00 33,973.33 289,646.91 394,900.00 1,507,000.00 596,184.52 Program: 3400 - Meter Service - - - - 51 Labor 14,001.18 128,072.21 197,000.00 - (22.10) - 197,000.00 68,949.89 53 Overtime - 510.69 6,000.00 - - - 6,000.00 5,489.31 56 Benefits 4,953.29 59,271.45 72,000.00 - 12.13 - 72,000.00 12,716.42 62 Materials and Supplies - 712.53 5,000.00 - - - 5,000.00 4,287.47 63 Contract Services 319.19 1,765.82 8,000.00 29.82 29.82 - 8,000.00 6,204.36 64 Utilities 109.54 1,302.52 2,000.00 - - - 2,000.00 697.48 65 Professional Development - - - - - - - - Program: 3400 - Meter Service Total: 19,383.20 191,635.22 290,000.00 29.82 19.85 - 290,000.00 98,344.93 Program: 4000 - Engineering - - - - 51 Labor 32,747.14 307,333.83 514,500.00 14,034.46 131,701.74 220,500.00 735,000.00 295,964.43 52 Temporary Labor - - - - - - - - 53 Overtime - - 2,100.00 - - 900.00 3,000.00 3,000.00 56 Benefits 8,527.68 175,360.41 184,100.00 3,654.56 75,018.46 78,900.00 263,000.00 12,621.13 62 Materials and Supplies 449.30 1,520.55 16,100.00 - 415.54 6,900.00 23,000.00 21,063.91 63 Contract Services 421.68 23,939.53 104,300.00 36.00 7,215.95 45,700.00 150,000.00 118,844.52 64 Utilities 873.83 47,726.00 67,200.00 135.61 14,970.11 28,800.00 96,000.00 33,303.89 65 Professional Development - 779.45 24,500.00 - 334.05 10,500.00 35,000.00 33,886.50 Program: 4000 - Engineering Total: 43,019.63 556,659.77 912,800.00 17,860.63 229,655.85 392,200.00 1,305,000.00 518,684.38 Program: 5000 - Water Production - - - - 51 Labor 52,960.40 464,453.18 723,000.00 - - - 723,000.00 258,546.82 53 Overtime 4,897.07 34,426.68 22,000.00 - - - 22,000.00 (12,426.68) 54 Standby 1,160.00 10,602.68 15,000.00 - - - 15,000.00 4,397.32 56 Benefits 17,729.48 331,399.31 452,000.00 - - - 452,000.00 120,600.69 61 Water Supply 892.50 262,650.11 826,000.00 - - - 826,000.00 563,349.89 62 Materials and Supplies 17,270.35 162,801.30 300,000.00 - - - 300,000.00 137,198.70 63 Contract Services 20,007.56 402,597.61 381,000.00 - - - 381,000.00 (21,597.61) 64 Utilities 116,141.54 1,652,496.25 1,764,000.00 - - - 1,764,000.00 111,503.75 65 Professional Development 55.41 4,260.19 10,000.00 - - - 10,000.00 5,739.81 Program: 5000 - Water Production Total: 231,114.31 3,325,687.31 4,493,000.00 - - - 4,493,000.00 1,167,312.69 Page 6 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended March 31, 2021 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 5100 - Water Treatment - - - - 51 Labor 18,068.80 161,937.21 252,000.00 - - - 252,000.00 90,062.79 53 Overtime 3,140.29 30,567.38 39,000.00 - - - 39,000.00 8,432.62 56 Benefits 6,209.63 116,072.88 150,000.00 - - - 150,000.00 33,927.12 62 Materials and Supplies 22,868.60 156,528.88 165,000.00 - - - 165,000.00 8,471.12 63 Contract Services 24,073.53 114,373.34 149,000.00 - - - 149,000.00 34,626.66 64 Utilities 352.99 84,726.21 150,000.00 - - - 150,000.00 65,273.79 Program: 5100 - Water Treatment Total: 74,713.84 664,205.90 905,000.00 - - - 905,000.00 240,794.10 Program: 5200 - Water Quality - - - - 51 Labor 13,852.80 124,290.70 184,000.00 - - - 184,000.00 59,709.30 53 Overtime 145.24 1,251.14 13,000.00 - - - 13,000.00 11,748.86 56 Benefits 3,912.72 109,976.44 90,000.00 - - - 90,000.00 (19,976.44) 62 Materials and Supplies 2,198.41 11,302.56 18,000.00 - - - 18,000.00 6,697.44 63 Contract Services 6,737.18 56,178.77 167,000.00 - - - 167,000.00 110,821.23 64 Utilities - - 2,000.00 - - - 2,000.00 2,000.00 65 Professional Development - 440.00 6,000.00 - - - 6,000.00 5,560.00 Program: 5200 - Water Quality Total: 26,846.35 303,439.61 480,000.00 - - - 480,000.00 176,560.39 Program: 6000 - Field Maintenance Administration - - - - 51 Labor 13,166.36 118,185.63 180,000.00 1,450.68 13,009.74 20,000.00 200,000.00 68,804.63 52 Temporary Labor - - - - - - - - 53 Overtime - - 1,800.00 - - 200.00 2,000.00 2,000.00 54 Standby 1,232.00 13,932.92 18,000.00 368.00 4,426.13 2,000.00 20,000.00 1,640.95 56 Benefits 5,281.80 173,117.54 129,600.00 681.32 10,770.99 14,400.00 144,000.00 (39,888.53) 62 Materials and Supplies - 9,446.36 2,700.00 - - 300.00 3,000.00 (6,446.36) 63 Contract Services 211.41 1,437.94 900.00 23.48 159.79 100.00 1,000.00 (597.73) 64 Utilities 1,929.07 20,605.94 36,900.00 214.34 2,289.55 4,100.00 41,000.00 18,104.51 65 Professional Development 358.75 13,668.28 20,700.00 - 1,641.42 2,300.00 23,000.00 7,690.30 Program: 6000 - Field Maintenance Administration Total: 22,179.39 350,394.61 390,600.00 2,737.82 32,297.62 43,400.00 434,000.00 51,307.77 Program: 6100 - Water Maintenance - - - - 51 Labor 73,205.86 652,613.05 1,012,000.00 - - - 1,012,000.00 359,386.95 53 Overtime 15,178.39 203,072.11 219,000.00 - - - 219,000.00 15,927.89 56 Benefits 31,654.15 285,106.97 516,000.00 - - - 516,000.00 230,893.03 62 Materials and Supplies 76,218.10 300,814.77 301,000.00 - - - 301,000.00 185.23 63 Contract Services 23,975.47 375,253.19 437,000.00 - - - 437,000.00 61,746.81 64 Utilities - 15,120.00 - - - - - (15,120.00) Program: 6100 - Water Maintenance Total: 220,231.97 1,831,980.09 2,485,000.00 - - - 2,485,000.00 653,019.91 Program: 6200 - Wastewater Maintenance - - - - 51 Labor - - - 24,268.52 218,363.41 335,000.00 335,000.00 116,636.59 53 Overtime - - - - 6,023.86 9,000.00 9,000.00 2,976.14 56 Benefits - - - 9,005.56 123,725.21 176,000.00 176,000.00 52,274.79 62 Materials and Supplies - - - 7,821.55 15,078.53 36,000.00 36,000.00 20,921.47 Wastewater Treatment - - - 635,333.97 6,375,391.49 7,610,000.00 7,610,000.00 1,234,608.51 63 Contract Services - - - 71.46 106,883.74 1,223,000.00 1,223,000.00 1,116,116.26 Program: 6200 - Wastewater Maintenance Total:- - - 676,501.06 6,845,466.24 9,389,000.00 9,389,000.00 2,543,533.76 Page 7 of 8 AMENDED AMENDED AMENDED REMAINING MTD YTD BUDGET MTD YTD BUDGET TOTAL BUDGET BUDGET Month Ended March 31, 2021 Unaudited Program Expense Detail Budget-to-Actual WATER WASTEWATER DISTRICT WIDE Program: 7000 - Facilities Maintenance - - - - 51 Labor 9,403.25 84,470.76 126,000.00 3,134.39 28,158.55 42,000.00 168,000.00 55,370.69 53 Overtime 723.51 4,030.94 16,500.00 241.16 1,343.63 5,500.00 22,000.00 16,625.43 56 Benefits 4,011.47 54,745.94 76,500.00 1,336.99 20,014.52 25,500.00 102,000.00 27,239.54 62 Materials and Supplies 3,081.77 24,987.97 45,500.00 933.69 6,955.47 10,500.00 56,000.00 24,056.56 63 Contract Services 54,280.54 401,893.68 396,250.00 8,836.28 56,211.84 62,750.00 459,000.00 894.48 64 Utilities 11,076.47 128,836.92 163,000.00 3,183.21 30,722.81 51,000.00 214,000.00 54,440.27 65 Professional Development - - 750.00 - - 250.00 1,000.00 1,000.00 Program: 7000 - Facilities Maintenance Total: 82,577.01 698,966.21 824,500.00 17,665.72 143,406.82 197,500.00 1,022,000.00 179,626.97 - - Program: 7100 - Fleet Maintenance - - - - 51 Labor 5,848.76 52,525.92 81,000.00 649.86 5,836.27 9,000.00 90,000.00 31,637.81 53 Overtime 329.02 1,521.06 2,700.00 36.56 168.99 300.00 3,000.00 1,309.95 56 Benefits 1,723.77 36,349.37 54,900.00 191.52 4,038.66 6,100.00 61,000.00 20,611.97 62 Materials and Supplies 9,925.16 72,982.89 32,400.00 1,593.46 12,816.96 3,600.00 36,000.00 (49,799.85) 63 Contract Services 15,218.99 144,924.66 162,000.00 2,204.46 15,774.61 18,000.00 180,000.00 19,300.73 64 Utilities 7,926.76 73,114.85 113,400.00 880.75 8,123.87 12,600.00 126,000.00 44,761.28 65 Professional Development - - 3,600.00 - - 400.00 4,000.00 4,000.00 Program: 7100 - Fleet Maintenance Total: 40,972.46 381,418.75 450,000.00 5,556.61 46,759.36 50,000.00 500,000.00 71,821.89 - - Program: 8000 - Capital - - - 71 -Debt Service 18,089.77 740,527.55 3,961,000.00 - 102,362.50 276,000.00 4,237,000.00 3,394,109.95 81 -Capital Improvement 359,602.29 1,481,229.38 4,553,000.00 4,750.00 47,996,701.87 432,000.00 4,985,000.00 (44,492,931.25) 82 -Capital Outlay 54,333.27 481,046.33 1,321,000.00 652.70 205,496.70 550,000.00 1,871,000.00 1,184,456.97 83 -Accounting Income Add back (413,935.56) (1,962,275.71) - (5,402.70) (48,202,198.57) - - 50,164,474.28 Program: 8000 - Capital Total: 18,089.77 740,527.55 9,835,000.00 - 102,362.50 1,258,000.00 11,093,000.00 10,250,109.95 Total Surplus (Deficit): 673,119.37$ 9,403,386.81$ -$ 155,553.74$ 1,895,611.11$ -$ -$ -$ Page 8 of 8 B OAR D AG E N D A S TAF F R E P O RT Agenda Item #3. Meeting Date: May 12, 2021 P ublic Hearing To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: C o ns id er Adoption of O rd inanc e 400 - East Valley Water District S ewer R egulations and S ervice C harge O rd inanc e, P ublic Hearing R E COMME N D AT IO N: S taff recommends that the Board o f Direc tors (Board) ad o p t S ewer O rdinance 400 in order to up d ate language in the o rd inanc e regarding c ertain fees, eliminate certain referenc es to the C ity o f S an Bernardino, and upd ate c ollec tion p ro c ed ures to c o incide with the District’s P o lic y o n Disc o ntinuatio n of R es idential Water S ervic e. B AC KG R O UN D / AN ALYS IS : In August o f 2020 Dis trict s taff c o mp leted work, in conjunc tion with I B C ons ulting, o n a User F ee S tudy. T he p urp o s e o f the s tudy was to update Mis cellaneous F ees las t reviewed at a hearing held o n F ebruary 24, 2016, and to estab lis h new fees related to Engineering services . T he amounts o f those propos ed fees will be dis c us s ed under another agenda item, however, in o rder to inc lude new fees in the Dis trict’s S c hedule o f R ates and C harges the fees s hould first b e autho rized in the Dis tric t’s S ewer R egulations and S ervice C harges O rdinance. T his is the primary reason for propos ing c hanges to the Dis tric t’s S ewer O rdinance. However, while reviewing the language of the O rdinance, staff noted other areas where language in the O rd inanc e d id no t q uite c o inc id e with c urrent p ro c ed ures and titles, and where the O rd inanc e s till c o ntained fees p revio usly c o llected o n behalf o f the C ity of S an Bernard ino but no lo nger are. As a result, s taff c o nduc ted a mo re thorough review of O rd inanc e language in order to try to id entify all c hanges needed to b ring the O rd inanc e c urrent. Many c hanges were id entified, and the attached O rdinance 400 includ es all of the p ro posed c hanges . T he mo st significant c hanges includ e the follo wing: S ectio n 11.01 - C hange p ro c ed ures for d is c ontinuatio n o f s ewer s ervices to b e c ompatible with District P o licy on Dis continuatio n o f Water S ervic e (S B 998); S ectio n 13.13 bro ad ened to inc lude p ropos ed new fees fo r Engineering s ervic es ; and S ectio ns 13.14 & 13.15 - S ewage Treatment C apac ity C harge and S ewer Trunk C harge are no lo nger c ollec ted on behalf o f the C ity of S an Bernard ino. O ther changes throughout the O rdinance includ e transitio ning the title District Engineer to Directo r o f Engineering and O perations , b eginning to eliminate referenc es to the C ity o f S an Bernard ino S ewer Treatment, and including multi-family comp lexes under the R esidential c usto mer clas s rather than C o mmerc ial. S taff rec o mmend s that the Board o f Direc tors ad o p t O rdinance 400 incorporating all revis ions referenc ed above R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Brian Tomp kins C hief F inancial O fficer S taff rec o mmend s that the Board o f Direc tors ad o p t O rdinance 400 incorporating all revis ions referenc ed above and /or made to the ac c ompanying document. AGE N C Y GOALS AN D OB J E C T IVE S: G oal and O b jec tives I I - Maintain a C o mmitment to S us tainab ility, Trans p arency, and Ac countability a) P rac tic e Transparent and Ac countable F isc al Management R E VIE W B Y O T HE R S : T his agend a item has b een reviewed by the Ad minis tratio n, C usto mer S ervice, Engineering and F inance Dep artments and Legal C ouns el. F IS CAL IMPAC T T here is no fis cal imp ac t as s oc iated with this agend a item. ATTAC H M E NTS: Description Type Ordinance 40 0 Ordinance Ordinance 400 1 ORDINANCE NO. 389400 AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT, RESCINDING ORDINANCE 389 ENTITLED “AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS, THE INSTALLATION AND CONNECTION OF BUILDING AND LATERAL SEWERS, PUBLIC SEWER MAIN EXTENSIONS, ESTABLISHING A SEWER DEPARTMENT, PROVIDING PERMITS FOR THE INSTALLATION AND CONNECTION OF SANITARY SEWERS, PROVIDING SEWERS FOR ANNEXED AREAS AND SUBDIVISIONS, REGULATING THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM, PROVIDING RELIEF FOR THE VIOLATION OF THE PROVISIONS THEREOF AND PROVIDING PROCEDURES FOR ENFORCEMENT”. Be it ordained by the Board of Directors of the East Valley Water District, as follows, that Ordinance No. 389 is hereby rescinded and this Ordinance 400 is enacted as follows: SECTION 1. INDEX Section 1 Index 1 Section 2 General Provisions 2 Section 3 Definitions 3 Section 4 Sewer Department 7 Section 5 General Rules 8 Section 6 Required Use of Public Sewer 12 Section 7 Use of Public Sewers 14 Section 8 Application for Sewer Service 17 Section 9 Customer Billing Procedures 23 Section 10 Complaints and Disputed Bills 25 Section 11 Disconnection for Non-Payment 26 Section 12 Adding Delinquent Charge to Tax Roll 27 Section 13 Charges and Deposits 28 Section 14 Effective Date 32 Ordinance 400 2 SECTION 2. GENERAL PROVISIONS 2.01 Short Title - This Ordinance may be cited as "East Valley Water District Sewer Regulations and Service Charge Ordinance". 2.02 Purpose - This Ordinance is intended to provide rules and regulations for the construction, repair and use of District sewerage facilities, to establish the rates and charges for such facilities and provide for their enforcement. 2.03 Enabling Statutes - This Ordinance is adopted pursuant to the Article 2, Chapter 6, Part 1, Division 2, Title 5 of the Government Code and pursuant to Division 12 of the Water Code and pursuant to Article 4, chapter 6, Part 3, Division 5 of the Health and Safety Code. 2.04 Application - This Ordinance shall apply to all sewer facilities constructed, maintained, and operated by the District. 2.05 Enterprise - District will furnish and/or make available, a system, plant, works, and undertaking used for and useful in, the collection, treatment and disposal of sanitary sewage and industrial waste for the District's service area, including all annexations thereto, and lands, easements, rights in land, contract rights, and franchise. 2.06 Separability - If any section, subsection, sentence, clause, or phrase of this Ordinance or the application thereof to any person or circumstances are for any reason held to be unconstitutional or invalid by a court of competent 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, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more section, sub-section, 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. Ordinance 400 3 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 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 this Ordinance or other provisions of law applicable to the subject matter concerned. 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 Additional Definitions - For the purpose of this Ordinance, additional terms shall have the meaning indicated in Chapter 1 of the Uniform Plumbing Code, 2000 Edition, adopted at the 70th Annual Plumbing Conference in 1999, as compiled by International Association of Ordinance 400 4 Plumbing and Mechanical Officials Association ("UPC"), together with all subsequent amendments thereto, copies of which are on file with the Secretary. 3.02 Applicant - Shall mean the person making application hereunder and shall be the owner of the premises involved, or his authorized agent, so authorized in writing to the District, or a licensed plumber or contractor. 3.03 Bathroom - Shall mean a room containing a toilet. 3.04 Board - Shall mean the Board of Directors of the East Valley Water District. 3.05 Building - Shall mean any structure used for human habitation or a place of business, recreation or other purpose. 3.06 Building Sewer - Shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility or preliminary treatment facility, and running to the property line. 3.07 City of San Bernardino Municipal Water Department – Shall mean the authority and operator of the publicly owned treatment facilities for treating the District’s sanitary sewage waste. 3.07 Combined Sewer - Shall mean a sewer receiving both surface water runoff and sewage. 3.08 Commercial - Shall be any discharge not covered by the residential description. This shall include, but not limited to, apartments, trailer parks, schools, stores and businesses and others not covered by the residential description. 3.09 Contractor - Shall mean an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit. 3.10 County - Shall mean the County of San Bernardino, California. 3.11 Customer – Any person (as defined) supplied with, or entitled to be supplied with sewer service by the District. Ordinance 400 5 3.13 Director of Water Reclamation – The Director, or his authorized Representative, or any City officer who subsequently is empowered to assume or succeed to the duties of the Director of the Publicly owned treatment works of the City of San Bernardino Municipal Water Department. 3.12 District - Shall mean the East Valley Water District, San Bernardino County, California. 3.13 District EngineerDirector of Engineering and Operations - Shall be a Registered Civil Engineer of the State of California. 3.14 Engineering Services - Engineering services provided by the District to include technical and procedural guidance, professional consultant services, project coordination and plan checking. 3.15 Equivalent Dwelling Unit (EDU) - Shall mean the standard measurement of flow based upon the average single-family residence. 3.16 Financial Officer - Shall be the Treasurer appointed by the Board of Directors. 3.17 Fixture - Shall mean any sink, tub, shower, water closet or other facility connected by drain to the sewer. 3.18 Garbage - Shall mean solid wastes from the preparation, cooking, dispensing of food and from the handling, storage and sale of produce. 3.19 General Manager - Shall mean the General Manager/Chief Executive Officer of the District. 3.20 Governing Body - Shall mean the Board of Directors of the East Valley Water District. 3.21 Inspector - Shall mean the person who shall perform the work of inspecting sewerage facilities under the jurisdiction or control of the District. 3.22 Individual Sewage Disposal System - Shall mean a septic tank and on-site disposal system designed for a building to dispose of wastewater generated on the property. Ordinance 400 6 3.23 Lateral Sewer Connection - Shall mean the portion of sewer lying within a public right-of-way or easementpipes and appurtenance necessary to convey wastewater from a customer’s connecting a building sewer to the District’s main sewer located within public right- of-way or easement. 3.24 Living Dwelling Unit - Shall mean any residence, apartment, habitation or other structure designed to be occupied by a person or family and requiring sewage disposal service. 3.25 Main Sewer - Shall mean a publicly owned sewage collection and conveyance facilities designed to transport wastewater away from customer parcels to water reclamation facilities. sewer designed to accommodate more than one lateral sewer. 3.26 Permit - Shall mean any written authorization required pursuant to this or any other regulation of the District. 3.27 Person - Shall mean any human being, individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, a district and any political subdivision or governmental agency. 3.28 Premises - Shall mean 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. 3.29 Public Sewer - Shall mean a sewer lying within a public right-of-way or easement which is controlled by or under, the jurisdiction of the District. 3.30 Residential - Shall be any single, duplex, or triplex family unit not requiring licensing for occupancy and operationAny service with a building that serves as a single family home, duplex or triplex, apartments, co-operatives, or townhouses. 3.31 Sanitary Sewer - Shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. 3.32 Secretary - Shall be the Secretary to the Governing Body. Ordinance 400 7 3.33 Separate Sewer Connection - A sewer connection shall not be used by any adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one property or individual parcel. 3.34 Sewage - Shall mean refuse liquids or a combination of water-carried wastes from residences, business buildings, public buildings, institutions and industrial establishments. 3.35 Sewage TreatmentWater Reclamation Plant - Shall mean arrangement of facilities and operations used for treating sewage. 3.36 Sewage WorksWastewater System - Shall mean all facilities for collecting, pumping, treating and disposing of sewage. 3.37 Sewer - Shall mean a pipe or conduit for carrying sewage. 3.38 Sewer Wastewater Department - Shall mean the Board of Directors of the District performing functions related to the District's sewer service, together with the General Manager, the Chief Financial Officer, the Director of Engineering and Operations, and any other duly authorized representatives. 3.39 Side Sewer - Shall mean the sewer line beginning three feet outside the foundation wall of any building and terminating at the main sewer and include the building sewer and lateral sewer together. SECTION 4. SEWER DEPARTMENT 4.01 Creation - A Sewer Department is hereby created comprised of the Directors, the General Manager, the Financial Officer, the Director of Engineering and Operations and other employees and assistants as may be hired therefor. 4.02 General Manager - The General Manager, as provided for in the Water Code, shall have full charge and control of the maintenance, operation and construction of the sewer works and sewer collectionWastewater System of the District. 4.03 Director of Engineering and Operations - The position of Director of Engineering and Operations is hereby created. The Director of Engineering and Operations shall regularly inspect all physical facilities related to the District sewer collectionWastewater System, Ordinance 400 8 to see that they are in good repair and proper working order, and to note and report violations of any ordinances or sewer regulations. 4.04 Violation, Repairs - The Director of Engineering and Operations shall promptly report any violation or disrepair to the General Manager. If the work required is in the nature of an emergency, he shall take whatever steps are necessary to maintain service to consumers pending action by the General Manager. 4.05 Supervision - The Director of Engineering and Operations shall supervise all repair or construction work authorized by the Board or the General Manager, and perform any other duties prescribed by the Board or the General Manager. 4.06 Performance of Duties - The foregoing duties of the Director of Engineering and Operations may be performed by the General Manager or by an additional employee or employees, as designated by the Director of Engineering and Operations 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. The Financial Officer shall compute, prepare, and mail bills as hereinafter prescribed, make and deposit collections, maintain proper books of accounts, collect, account for, and do whatever else is necessary or directed by the General Manager to set up and maintain an efficient and economical accounting system, and perform any other duties now and hereinafter prescribed by the Board of Directors. SECTION 5. GENERAL RULES 5.01 Standards - The Uniform Plumbing Code, 2000 Edition, adopted at the 70th Annual Conference in 1999, as compiled by International Association of Plumbing and Mechanical Officials ("UPC"), together with all subsequent amendments thereto relating to sewers, and the following rules and regulations respecting sewer construction and disposal of sewage and drainage of buildings, and connection to the sewage worksWastewater System of the District are hereby adopted, and all work in respect thereto shall be performed as herein required and not otherwise. The Governing Body may, from time to time, adopt standard requirements for Ordinance 400 9 the design construction, repair and maintenance, or connection to the District sewerWastewater 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 sewage disposal from any building in the area served with sewers by said District except by connection to a Public Sewer 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 Director of Engineering and Operations. 5.03 Notice - Wherever, or whenever, practicable under the particular circumstances of the situation and pursuant to the discretion of the General Manager, Financial Officer, or Director of Engineering and Operations, 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 or any other ordinance, rule or regulation of the District of any defect arising in any sewer or of any violation of this ordinance, the person or persons having charge of said work shall immediately correct the same. 5.04 Protection from Damage - No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the District's sewerage works. Any person violating this provision shall be subject to the penalties provided by law. 5.05 Investigation Powers - The officers, inspectors, managers, employees and any duly authorized agents of the District shall carry evidence establishing his/her 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 Ordinance 400 10 properties to which the District is furnishing sewer service, or has been requested to furnish sewer service, 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, rules and regulations of the District, pursuant to the authorization contained in the required application for sewer service. 5.06 Public Nuisance - Continued habitation of any buildings or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulation of the District is hereby declared to be a public nuisance. The District may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. 5.07 Disconnection - As an alternative method of enforcing the provisions of this or any other ordinance, rule or regulation of the District, the District shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. 5.08 Abatement - During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the District shall cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the District, a reasonable attorney's fee and cost of suit arising in said action. 5.09 Water Cut-Off - As an alternative remedy for such violations the District may cause District water service to said premises to be discontinued during the period of violation. 5.10 Unconnected and Unoccupied Buildings - In the event that owners of any buildings or facilities have failed to connect to the Public Sewer after receipt of official notice to do so, the District will be unable to bring abatement actions if such buildings are unoccupied. To prevent the sale of such buildings to persons with no knowledge of such, the District will record such notices with the County Recorder of San Bernardino County. The District Secretary is authorized and directed to cause a Notice of Necessity of Connection to Public Sewer to be prepared with reference to those unoccupied properties and buildings within the sewer District Ordinance 400 11 which have not been connected to the District Public Sewer within thirty days after the giving of Official Notice to so connect; to sign such Notices; to acknowledge such Notices; and to record the same with the County Recorder of San Bernardino. 5.11 Damage to SewerWastewater System 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, licenses or permittees. The District shall be promptly reimbursed by the customer for any such damage upon presentation of a bill. 5.12 Means of Enforcement Only - The District hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations, and not as a penalty. 5.13 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. 5.14 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 him/her, or his/her premises, he/she 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 him/her, or his/her premises. If such application be approved, the Governing Body may, by resolution, suspend or modify the provision 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. 5.15 Relief on Own Motion - The Governing Body may, on its own motion, find that by reason of special circumstances, any provision 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 person or premise during the period of such special circumstances or any part thereof. Ordinance 400 12 5.16 Permits Required - No person shall construct, extend or connect to any Public Sewer without first obtaining a written permit from the District and paying all fees and connection charges and furnishing bonds as required. The provision of this Section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the District. SECTION 6. REQUIRED USE OF PUBLIC SEWERS 6.01 Required Treatment of Wastes - Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage within the District where District sewer facilities are available and hereinafter described for such disposal purposes. 6.02 Sewer Required - The owner of any building or structure occupied by humans, situated within the District and abutting on any street or easement in which there is a Public Sewer of the District, is hereby required at his their expense to connect said building directly with the sewers of the District, in accordance with the provisions of this Ordinance, within thirty (30) days after the date of official notice to do so, provided that said Public Sewer is within two hundred (200) feet of the nearest point of the property on which the building or structure is located. This requirement shall also be applicable to any commercial, industrial and public buildings or institutions, to connect to said sewer system upon notice as herein provided. 6.03 Construction Requirements - Construction of building sewers and lateral sewers shall be in accordance with the requirements hereof. 6.04 Separate Sewers - Every building or industrial facility must be separately connected with a Public Sewer if such Public Sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, one or more buildings located on a lot or parcel of land belonging to the same owner may be served with the same side sewer during the period of ownership. Upon the subsequent subdivision of said lot and sale of a portion thereof, the portion not directly connected with such Public Sewer shall be separately connected Ordinance 400 13 with a Public Sewer, and it shall be unlawful for the owner thereof to continue to use or maintain such indirect connection. 6.05 Old Building Sewers - Old building side sewers may be used in connection with new buildings only when they are found, upon examination and test by the Inspector, to meet all requirements of the District. 6.06 Cleanouts - Cleanouts in building sewers shall be provided where the building sewer joins the building outlet and in accordance with the Uniform Plumbing Code. All cleanouts shall be maintained watertight. 6.07 Plumbing Too Low - In all buildings in which the plumbing system is too low to permit gravity flow to the Public Sewer, sanitary sewage carried by the building sewer shall, upon authorization of the General Manager or Director of Engineering and Operations, be lifted by artificial means and discharged to the Public Sewer at the expense of the owner. 6.08 Connection to Public Sewer - The construction of the lateral sewer and the connection thereof into the Public Sewer, shall be made by a licensed plumber or contractor. Said connection shall be connected at the lateral or "Y" branch, if such lateral or "Y" branch is available at the suitable location. Where no properly located "Y" branch is available, a connection with the Public Sewer may be made to receive the lateral sewer. The invert of the building or lateral sewer at the point of connection shall be at a higher elevation than the invert of the Public Sewer. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in accordance with District standards. The connection to the Public Sewer shall be made in the presence of the District Inspector and shall be subject to his their approval. Any damage to the Public Sewer shall be repaired at the cost of the applicant, to the satisfaction of the Inspector. 6.09 Protection of Excavation - All excavations for a lateral sewer installation shall be adequately guarded with barricades or lights to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District and any other person having jurisdiction thereover at the sole expense of the person responsible for such installation. Ordinance 400 14 6.10 Maintenance of Side Sewer - Side sewers shall be maintained by the owner of the property served. 6.11 Indemnification - The owner of the property and the person making the connection shall be obligated to hold the District, its officers, agents and employees harmless of and from all loss or liability which shall occur or arise by reason of the installation of the lateral sewer and the opening of the easement and the backfill and restoration of the pavement. SECTION 7. USE OF PUBLIC SEWERS 7.01 Requirements – All applicable requirements of the City of San Bernardino regarding the use of public sewers are hereby incorporated herein by this reference. 7.01 Sewer Permit Required - No person shall uncover, make any connection with or opening into, use, cap, alter or disturb any Public Sewer or appurtenances without first obtaining a written sewer permit from the District. 7.02 Application for Sewer Permit - Any person seeking a sewer permit shall make such application to the District for that purpose. He/she shall give a description of the character of the work proposed to be done, the location, ownership, occupancy and use of the premises to be served and the name and address of the person who shall make the connection. The Director of Engineering and Operations may require plans, specifications or drawings and such other information as he may deem necessary or permitee shall comply with specifications of the District. If the District determines that the plans, specification, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the District, it shall issue the sewer permit applied for upon payment of the required fees therefore. 7.03 Compliance with Sewer Permit - After approval of the application evidenced by the issuance of a sewer permit, no change shall be made in the location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the sewer permit was issued except with written permission from the District, the Director of Engineering and Operations or other authorized representatives. Ordinance 400 15 7.04 Agreement - The applicant's signature on an application for any sewer permit shall constitute an agreement to comply with all of the provisions, terms and requirements of this and other ordinance, rules and regulations of the District, and with the plans and specifications he has filed with this application, if any, together with such corrections or modifications as may be made or permitted by the District, if any. Such agreement shall be binding upon the applicant and may be altered only upon the written request from the applicant for the alteration. 7.05 All Work to be Inspected - All sewer connection work over which the District has jurisdiction shall be inspected by the District to insure compliance with all requirements of the District. No such sewer connection work shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the District's Public Sewer until the work has been completed, inspected and approved by the District. 7.06 Notification - It shall be the duty of the person doing the work authorized by the sewer permit to notify the District Office that said work is ready for inspection. Such notification shall be given not less than forty-eight (48) hours before the work is to be inspected, excluding weekends and holidays. 7.07 Condemned Work - When any work has been inspected and the work condemned and no such certification of satisfactory compliance given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the District. 7.08 Liability for Costs - Both the owner and the person making the connection shall be liable to the District for all fees, costs, and expenses incident to the work for which a sewer permit shall be issued. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work. 7.09 Outside Sewers - Permission shall not be granted to connect any lot or parcel of land outside the District to any Public Sewer in, or under, the jurisdiction of the District unless a sewer permit therefore is obtained. The aApplicants shall first enter into a contract in writing Ordinance 400 16 whereby they shall bind himselftheirselves, his their heirs and successors and assigns to abide by all ordinances, rules and regulations in regard to the manner in which such sewer shall be used, the manner of connecting therewith, and the plumbing and drainage in connection therewith, and also shall agree to pay all fees required for securing the sewer permit and a monthly fee in the amount set by the District for the privilege of using such sewer. 7.10 Sewer Permit Optional - The granting of such permission for an outside sewer in any event shall be optional with the Governing Body. 7.11 Special Outside Agreements - Where special conditions exist relating to an outside sewer, they shall be the subject of a special contract between the applicant and the District. 7.12 Street Excavation Permit - A separate permit must be secured from the City, the County or any other person having jurisdiction therefor by the owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. 7.13 Liability - The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of, the performance of any work by any such applicant. The applicant shall be answerable for and shall hold the District and its officers, agents and employees, harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein. 7.14 Time Limit on Sewer Permits - If work under a sewer permit is not started within twelve (12) months from the date of issuance, or if after partial completion the work is discontinued for a period of one (1) year the sewer permit shall thereupon become void and no further work shall be done until a new sewer permit shall have been secured. A new fee shall be paid upon the issuance of said new sewer permit. Ordinance 400 17 SECTION 8. APPLICATION FOR SEWER SERVICE 8.01 Application - A property owner or his/her agent, designated in writing, shall make application for regular sewer service by personally signing a Water/Sewer Service Order formService Agreement provided by the District, and paying the required fees. The property owner will remain the primary account holder, or Customer Of Record, with respect to District services for as long as they own the property. 8.02 Sewer Service to Customers Other Than Property Owners - Sewer service to other than property owners shall be made as follows: 8.02.01 Property Owner's SignatureAdditional Customer of Record - If the property owner rents the premises to a tenant, the tenant may have sewer service and other services instituted in the tenant'stheir name by completing an Owner Authorized Billing Agreement. The tenant and owner must both sign the agreement and the District must be provided with a copy of an active rental agreement, 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 rental agreement. In any event, the tenant must provide the District with the property owner’s name, mailing address and telephone number. 8.02. 02 Owner Responsibility - Whether or not a property owner signs the District's application for service formOwner Authorized Billing Agreement, the property owner is not relieved of his or her responsibility for unpaid sewer charges for the subject property as provided in this ordinance and pursuant to California Water Code Section 31701.5. 8.03 Payment of Delinquent Charges - As a precondition to receiving sewer 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. 8.04 Security Deposit - A security deposit for each single- family unit, eachresidential, commercial or retail unit, or a multi-unit complex shall be deposited at the time application for Ordinance 400 18 sewer service is made. The District may, at its sole election, include the required security deposit on the customer's first billing invoice. 8.04.01 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 credit worthiness shall be based solely upon criteria developed by the District and may be appealed in the manner set forth in Section 10 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 locked off for nonpayment. 8.04.02 Security Deposit Refund - Refunds of security deposits refunds 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 check. Interest on the security deposits shall remain the sole property of the District and will not be included in any refund. 8.04.02.01 Single- Family Residential- The District shall refund each security deposit to a residential customer as follows: a. Upon customer request, wWhere single family residential funds have been on deposit for one year in a the 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. a. Where multi-family residential customer funds have been on deposit for one year in a customer’s account and there has been no delinquencty 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 Ordinance 400 19 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 sewer 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. 8.04.02. Commercial, Retail or IndustrialNon-Residential - The District shall refund the security deposit for commercial, retail or , industrial, fire service, and irrigation connections as follows: a. Where funds have been on deposit for one year in a customer’s account and there have been no delinquencies 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 sewer 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. 8.05 Changes in Customer's Equipment - Customers making any material change in the size, character of, extent of the equipment or operations utilizing sewer service, or whose change in operations results in a significant increase in the quantity or quality of sewage, shall immediately give the District written notice of the nature of the change and, if necessary, amend their applications and discharge permits if applicable. 8.06 Domestic, Commercial and Industrial Service Connections - It shall be unlawful to maintain a sewer connection except in conformity with the following: Ordinance 400 20 8.06.01 Multiple Buildings - Multiple house or buildings under one ownership and on the same lot or parcel of land may be supplied through the same sewer connection, provided that the service connection shall be of such size to adequately serve said houses or buildings. 8.06.02 Separate Sewer Connection - A sewer connection shall not be used by an adjoining property or property across the street, alley, or easement. Each sewer lateral shall serve only one lot or individual parcel. 8.06.03 Divided Property - When property provided with a sewer connection is divided, each service connection shall be considered as belonging to the lot or parcel of land which it directly enters. 8.07 Main Extension Required - All main extensions shall be made in accordance with the policies of the District upon application for service and payment of required charges. 8.07.01 Application - Any owner of one or more lots or parcels or sub divider of a tract of land, desiring the extension of one or more mains to serve such property shall make a written application to the District. Said application shall contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the District, and be accompanied by a map showing the location of the proposed connection. Main extensions will normally be constructed by owner or sub-divider. 8.07.02 Investigation - Upon receipt of an application requesting the District to install facilities, the District shall make an investigation and survey of the proposed extension and estimate the cost thereof. 8.07.03 District Lines - All sewer main extensions shall be in accordance with the rules, regulations, specifications, and ordinances of the District and shall be the property of the District. 8.07.04 Specifications and Construction - The size, type and quality of materials and location of the sewer lines shall be to District specifications as adopted. For sewer lines not installed by the District, the sub-divider shall be responsible for employing a licensed contractor to install the required sewers. All work shall be inspected and approved by the District. Ordinance 400 21 8.07.05 Property of District - Upon completion of such installation, the facilities shall be dedicated to and become the property of the District. 8.07.06 Offer of Dedication - Forms for offer of dedication shall be provided by the District. Sewer plans shall be signed by a Registered Civil Engineer and returned to the District. Sewer plans will not be filed or approved until compliance has been met herewith. 8.07.07 Form of Offer of Dedication - Offers of sewer dedication shall be on District forms in accordance with the latest "Standard Requirements for the Design and Processing of Sanitary Sewer PlansStandard Specification for the Furnishing of Materials and the Construction of Water and Sewer Facilities". 8.07.08 Engineering Services - Engineering services provided by The District to include technical and procedural guidance, professional consultant services, project coordination and plan checking. 8.07.09 Construction Permit - Applicant or his/her authorized agent shall make application for a Construction Permit in accordance with the latest "Standard Specification for the Furnishing of Materials and the Construction of Water and Sewer FacilitiesStandard Requirements for the Design and Processing of Sanitary Sewer Plans" of the District. 8.08 Dry Sewers Required - Any division of land or development involving five (5) or more units within the jurisdiction of the East Valley Water District which is greater than 500 feet from an existing sewage collection facility, may be allowed to use individual sewage disposal systems, provided: 8.08.01 A "dry" sewer collection line is installed in the public right-of-way to the specifications of the Director of Engineering and Operations with the capacity for all sewage generated by the subdivision, and 8.08.02 The "dry" sewer includes lateral lines to within five (5) feet of the septic tank to be installed on each lot, and 8.08.03 Plugs and seals are placed on the "dry" sewers to prevent unauthorized connection. Ordinance 400 22 8.09 Payment of Capacity Fees and Abatement Fees - The Developer shall pay to the District the appropriate capacity fees and connection fees, plus a fee established from time to time by the Board of Directors which shall be used for the proper abandonment of the individual sewage disposal system. 8.10 Dedication of Dry Sewers to District - The Developer shall agree that the facilities installed in the public right-of-way be dedicated to the District as provided in Section 8.07.06 herein and after inspection by the Director of Engineering and Operations. 8.11 Dedication of Right of Access - The Developer shall grant to the District a right of access to the individual sewage disposal system on each lot and have this right of access recorded as part of the final tract map or other instrument, and provide written notification to the purchaser of each unit of the development. 8.12 Connection to Sewage Collection Facilities - When sewer collection facilities are available to the development, the District shall have the right to declare the use of the individual sewage disposal system a public nuisance and enter onto the property for the purpose of connecting the premises to the sewer collection system and properly abandoning the individual sewage disposal system without additional cost to the owner of the premises. Provided, however, that the District shall not be obligated to remove, reconstruct, relocate, or otherwise modify any structure, tree, bush or appurtenance of any kind whatsoever in making the connection and properly abandoning the individual sewage disposal system. 8.13 Sewer Permit to Connect - The District shall require the owner, or occupant, of the building to be connected to obtain a sewer permit from the District for such connection. No fees shall be charged for such sewer permit if they have been paid pursuant to Section 8.09 herein. The applicant for the sewer permit shall specify in writing that they will indemnify and hold the District harmless in making the connection to the sewage collection facility and abandoning the individual sewage system. 8.14 Minimum Individual Sewage Systems Required - Whenever the use of individual sewage disposal systems are installed in connection with "dry" sewers, the District will Ordinance 400 23 not agree that any such system be installed which is less than the minimum requirements for the type of system which is designed for use on this development. SECTION 9. CUSTOMER BILLING PROCEDURES 9.01 Establish Rates and Charges - The Board of Directors shall from time to time establish rates and charges for sewer and other service provided by the East Valley Water District by OrdinanceResolution. 9.02 Charges - Sewer charges shall begin when a sewer service connection is installed. Thereafter, the District may transfer to the account which is established for such service any delinquent and/or unpaid charges from other closed or open accounts which are held by the customer and/or property owner with the District. 9.03 Liability for Sewer Service - The property owner shall be held liable for sewer service charges until such time as the District is notified in writing to discontinue service or to transfer the account to another property owner. 9.04 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 31791.5, et.seq. Delinquency charges may be applied to unpaid liens. 9.05 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 sewer service form. 9.06 Billing Period - The regular billing period will be monthly. 9.07 Opening and Closing Bills - Opening and closing bills for residential accounts less than the normal billing period shall be pro-rated. Commercial accounts shall be billed based upon actual water consumption. 9.08 Payment of Bills - Bills for sewer service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the final due date, the bill shall become past due and delinquent. Ordinance 400 24 9.09 Delinquency Notice - A delinquency notice shall be mailed to customers whose accounts are delinquent, warning that service is subject to disconnection. The information that must be contained on the Delinquency Notice and the procedures for disconnecting service for non-payment are contained in the District’s will be "discontinued" unless payment is made within fifteen (15) calendar days from the date of mailing of the delinquent notice Policy for Discontinuation of Residential Water Service and in Sections 10 through 12 of the District’s Water Regulations and Service Ordinance.. The delinquency notice shall indicate the amount due, including delinquent charges and the total amount which must be paid. 9.10 Removal of Delinquency - At the end of each calendar year customers may request that the District shall remove one delinquency from the record of each their account that haswhen one or more delinquencies have occurred during the previous 12 months. 9.11 Suit Legal Action - All unpaid rates and charges and penalties herein provided may be collected by suitlegal action or collection agency. 9.12 Costs - Defendant shall pay all costs of suit legal action in any judgment rendered in favor of District including reasonable attorney fees.. 9.13 Upon Vacating Premises Discontinuing Service- Customers desiring to discontinue service should so notify the District three (3) business days prior to vacating the premises. Tenants shall be liable for on-going charges whether or not the sewer 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 recording date of title to the property is being 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. 9.14 Collection with Other Utility Charges of Entity - Where the person charged is a user of another utility owned and operated by the District the charges shall be collected together with and not separately from the charges for the other utility service rendered by it. They shall be billed upon the same bill and collected as one item. Ordinance 400 25 SECTION 10. COMPLAINTS AND DISPUTED BILLS 10.01 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 sewer service, District rules, regulations, resolutions or ordinances, or to dispute the accuracy of a bill for service or other charges. 10.02 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. 10.03 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. 10.04 Unresolved Disputes - If the customer is unable to resolve his/her 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. 10.05 Appearance 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 would like 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. 10.06 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. 10.07 Further Delays - Any further delays must be freely and willingly agreed to by the customer. 10.08 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 the customer's 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. Ordinance 400 26 10.09 Discontinuance of Service - No sewer or other service shall be discontinued pending the final resolution of a dispute. SECTION 11. DISCONNECTION FOR NONPAYMENT 11.01 Disconnection for Non-Payment - Sewer service shall be discontinued if payment for sewer service is not made within fifteen sixty (1560) calendar days of the date of mailing the a 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 propertyAll other notifications and communication required in theDisconnection of sewer service for non-payment shall be governed by the District’s Policy on Discontinuation of Residential Water Service shall apply to the discontinuation of sewer services. At no time shall the District discontinue sewer service at a time when the District offices are closed. 11.01.01 Tenant Accounts Occupied Property – If sewer and other services to an account, where the held in a tenant is shown as the Customer of Record, are ’s name are discontinued for non-payment, the account will be revised to show the owner as primary Customer of Record. The owner will continue to be shown as primary Customer of Record for as long as they own the property.can beTenants may be shown as an Additional Customer of Record transferred,with the consent of the property owner, or in the eveny that an account in the property oweners name is subject to disconnection. 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. 11.02 Complaint Procedure 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 10 herein. 11.03 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. Ordinance 400 27 11.04 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. 11.05 Service Charges for Violations - If sewer 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 either by cash, payment card, money order, or cashiers check. or cash. 11.06 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 sewer service from being disconnected for delinquency. 11.07 Authorization for Continuance of Service for Delinquent Accounts - The General Manager, or his designee may authorize continuation of serviceto a delinquent account if financial arrangements satisfactory to the District have been established. SECTION 12. ADDING DELINQUENT CHARGE TO TAX ROLL 12.01 Report of Delinquent and Unpaid Charges - A report of delinquent and unpaid charges for sewer and other services which have been 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. 12.02 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 Assessor 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 finally adopted and approved by the Board of Directors and that the County Assessor shall enter the amount of such charges against the respective lots or parcels of land as they appear on the current assessment roll. Ordinance 400 28 12.03 Collection Of Delinquent And Unpaid Charges - The amount of any charges for sewer and/or other services included in the report prepared and submitted pursuant to Sections 12.01 and 12.02 above shall be added to, and become a part of, the annual taxes next levied upon the property upon which the sewer service 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 11.04 above. SECTION 13. CHARGES AND DEPOSITS 13.01 Adoption - The amount of all charges and deposits described herein shall be updated in the District’s Schedule of Water and Wastewater Rates and Charges and adopted by separate OrdinanceBoard Resolution. 13.02 Security Deposit - The Security Deposit insures payment of minimum District charges. Upon discontinuance of service, the security deposit shall be applied to reduce any unpaid charges outstanding on any accounts held by the customer with the District. The security deposit shall be refunded to the customer as provided in Section 8.04.02 herein. 13.03 Service Initiation Charge - The service initiation charge is the a non-refundable charge which covers the reasonable District costs for initiating sewer service. 13.04 Monthly Sewer Charge - The monthly sewer charge includes, 1) Collection Charge established to maintain the District’s wastewater collection lines, and 2) Treatment Charges adopted to pay charges established by the City of San Bernardino for established for the operation and maintenance of wastewater treatment and reclamation facilities. The collection charge, also referred to as the sewer system charge, shall apply whether or not premises connected to the collections system are occupied. 13.05 Delinquent Charge - A delinquent charge shall be added to each delinquent account at the time any amount becomes delinquent, provided that no penalty charge shall be made on any account which at that 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 Ordinance 400 29 delinquent and the penalty charge shall become an inseparable part of the amount due as of that time. 13.06 Disconnection Notice Charge - The disconnection notice charge is the charge which covers reasonable District costs to notify customers that their sewer service is subject to impending termination. 13.07 Disconnect/Service Reconnect Charge - The disconnect/service reconnect charge is the charge which covers the reasonable District costs of disconnection and reconnection of service connections which are in violation of the provisions contained herein. 13.08 Returned Check ChargePayment Fee - The returned check payment fee is a charge which covers the reasonable administrative cost and banking charges for processing a returned check, or to respond to a disputed charge where a payment card was fraudulently used to make payment on an account. 13.09 Wastewater Capacity Charges - The sewer serviceWastewater capacity charge is a charge for connecting to the District’s existing sewer system and for that incremental portion of the system’s capacity that will be used by the new connection. Such regular charge shall be paid in advance by the applicant. 13.10 Verification Charge - The verification charge is the charge which covers reasonable District costs to make follow up attempts to contact the customer by mail, and attempts to make personal contact, and to verify and mark the location of the sewer service lateral. 13.11 Inspection Charge - Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection. 13.12 Special Facility Charge - A Special Facility Charge shall be required for development of limited service areas whenever special facilities 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 for 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 Ordinance 400 30 area to be served by 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. 13.13 Engineering / New Development Services Charges - The following Engineering/New Development planning Services service charges is aare fees for the District's time and effort spent on assisting customers who have a requirement to construct sewer extensions, or other sewer 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 workThese fees include:.  Drafting of an Availability Letter  Construction Inspection  Drafting/preparing revisions to a Development Agreement  Development and Engineering Research  Development Meeting  Easement / Quitclaim Processing  Water / Sewer Inquiry  New Construction Chlorination and Flushing  Water Quality Sampling  Plan Checking  Drafting a Will Serve Letter 13.14 Sewer Permit Charge - The sewer permit charge is the charge to cover the District's cost to review, approve and process an applicant's request to connect to the District's sewer facilities. 13.15 Sewer Manhole StructureDeposit - The refundable sewer manhole deposit is used to insure that manholes are constructed to final grade before the project is considered complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee will be returned or the Ordinance 400 31 Bond released when sewer manholes are constructed to final grade by the Developer's contractor and verified by the District. 13.14 Sewage Treatment Capacity Charge - The sewage treatment capacity charge is that fee collected by the City of San Bernardino to cover the Water Reclamation Plant's expansion costs as the plant's capacity is used by new connections. 13.15 Sewer Trunk Charge - The sewer trunk charge is collected by the District and transferred to the City of San Bernardino as payment for the District's proportionate share of any additional sewer trunk or interceptor capacity required to convey sewage from the District's new customers. The City's trunk and interceptor systems are used to convey sewage from the District's collection system to the City's Water Reclamation Plant. 13.16 Landscape Adjustment - The landscape adjustment is the adjustment to the sewage treatment and collection charge based upon the proportional amount of the customer's property irrigated through a domestic water meter. 13.17 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 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. Ordinance 400 32 SECTION 14. EFFECTIVE DATE This Ordinance shall take effect and replace Ordinance 389 upon adoption. Adopted this 12th day of May 2021 ROLL CALL: Ayes: Noes: Absent: Abstain: David E. Smith Board President ATTEST: John Mura Secretary, Board of Directors May 12, 2021 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Ordinance 400 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held May 12, 2021. John Mura Secretary, Board of Directors B OAR D AG E N D A S TAF F R E P O RT Agenda Item #4. Meeting Date: May 12, 2021 P ublic Hearing To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: C o ns id er Adoption of O rd inanc e 401 - East Valley Water District Water R egulatio ns and S ervic e O rdinance, P ublic Hearing R E COMME N D AT IO N: S taff rec o mmend s that the Board of Direc tors (Bo ard) adopt Water O rdinance 401 in ord er to update language in the O rdinance regarding the introduc tion of new fees related to Engineering s ervic es and the AMI O p t-O ut fee, revis io ns to terminology and p roc es s es related to es tab lis hing s ervic e, and revis ions to the c alc ulatio n of indoor water b ud gets . B AC KG R O UN D / AN ALYS IS : As with the S ewer O rd inanc e, the Water R egulatio ns and S ervic e O rd inanc e needed to be updated to includ e p ropos ed new Mis cellaneous fees and charges that res ulted fro m the I B C onsulting User F ee S tud y c o mpleted in Augus t o f 2020. W hile working on adding authorization fo r those fees in S ec tion 14 to the O rd inanc e, staff no ted that authorization for the AMI-O p t-O ut fees appro ved b y the Bo ard in Dec ember 2019 was no t in the O rd inanc e. In ad d itio n, staff needed to make changes to disc us s io n o f b udget-b as ed rates in the o rd inanc e, in particular, the c alculatio n fo r c us tomer Tier 1 bud gets. New rates being p ropos ed in the P rop 218 hearing were d esigned us ing a fac tor of 55 G allo ns P er C ap ital per Day (G P C D) rather than the 60 G P C D that was p reviously used in o rd er to remain compliant with S tate guid elines for effic ient water use. F inally, s taff made clarifying c hanges to other s ectio ns where language in the O rdinanc e did no t q uite coinc id e with c urrent proc edures and s taff titles . A s ignific ant numb er of changes were identified , and the attached O rd inanc e 401 inc ludes all o f the prop o s ed changes. T he mo st significant p ropos ed c hanges to O rdinance 401 includ e: S ectio ns 6.01 and 6.02 - C larifying language regarding o wners remaining the primary acc o unt ho ld er, even if a tenant is added to the ac count; S ectio n 10.07 - C hange the G allons P er C ap ita p er Day (G P C D) us ed in c alc ulating res id ential ind o o r water budgets from 60 to 55 in acc o rdance with state guidelines; S ectio n 14.10 - Inc lude the definitio n and justific ation for an AMI O pt-O ut charge in the O rd inanc e; this c harge was appro ved b y the Bo ard in Decemb er 2019; and S ectio n 14.27 - Ad d name o f new Engineering related fees fo r which set amo unts will be propos ed in ord er to add mo re transparenc y in charging fees to recover s taff res o urces within the Engineering R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Brian Tomp kins C hief F inancial O fficer ord er to add mo re transparenc y in charging fees to recover s taff res o urces within the Engineering Dep artment. S taff rec o mmend s that the Board o f Direc tors ad o p t O rdinance 401 inc o rp orating all revisions outlined and/o r referenc ed above. AGE N C Y GOALS AN D OB J E C T IVE S: G oal and O b jec tives I I - Maintain a C o mmitment to S us tainab ility, Trans p arency, and Ac countability a) P rac tic e Transparent and Ac countable F isc al Management R E VIE W B Y O T HE R S : T his agend a item has b een reviewed by the Ad minis tratio n, C usto mer S ervice, Engineering and F inance Dep artments , and Legal C o unsel. F IS CAL IMPAC T T here is no fis cal imp ac t as s oc iated with this agend a item. ATTAC H M E NTS: Description Type Ordinance 40 1 Ordinance Ordinance 401 1 ORDINANCE NO. 399401 AN ORDINANCE OF THE EAST VALLEY WATER DISTRICT RESCINDING ORDINANCE NO. 399 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" Be it ordained by the Board of Directors of the East Valley Water District, as follows, that Ordinance No. 399 is hereby rescinded and this Ordinance 401 is enacted as follows: SECTION 1. INDEX No. Section 1 Index 1 Section 2 General Provisions 2 Section 3 Definitions 4 Section 4 Water Department 7 Section 5 General Rules 8 Section 6 Application for Water Service 14 Section 7 Temporary Service 19 Section 8 Fire Protection 20 Section 9 Cross Connection Control 22 Section 10 Customer Billing Procedures 30 Section 11 Complaints and Disputed Bills 37 Section 12 Disconnection for Nonpayment 39 Section 13 Adding Delinquent Charges to Tax Roll 40 Section 14 Charges and Deposits 41 Section 15 Water Conservation 46 Section 16 Effective Date 54 Ordinance 401 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 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 Ordinance 401 3 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. 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. Ordinance 401 4 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, (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. 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 Ordinance 401 5 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 EngineerDirector of Engineering and Operations - 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 – Shall mean Tthe General Manager/Chief Executive Officer of the District. 3.17 Governing Body - The Board of Directors of the East Valley Water District. 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 Ordinance 401 6 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. 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 operationservice with a building that serves as a single -family home, duplex or triplex, apartments, co-operatives, or townhouses. 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. Ordinance 401 7 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 Director of Engineering and Operations, 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. SECTION 4. WATER DEPARTMENT 4.01 Creation - A Water Department is hereby created comprised of the Directors, the General Manager, the Financial Officer and Director of Engineering and Operations 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 Director of Engineering and Operations - The position of Director of Engineering and Operations is hereby created. The Director of Engineering and Operations 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 Director of Engineering and Operations 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. Ordinance 401 8 4.05 Supervision - The Director of Engineering and Operations 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 Director of Engineering and Operations may be performed by the General Manager or by an additional employee or employees as designated by the Director of Engineering and Operations 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 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 Director of Engineering and Operations. 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 Director of Engineering and Operations, 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 Ordinance 401 9 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, 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. Ordinance 401 10 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 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 Director of Engineering and Operations. 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 cockcurb stops 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. Ordinance 401 11 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. 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. Ordinance 401 12 The District shall be promptly reimbursed for any such damage upon presentation of a bill to the customer. 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, 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 Ordinance 401 13 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 CockCurb Stop - Each service connection installed by the District shall be equipped with a curb cockcurb stop, or wheel valve, on the inlet side of the meter. Such valve, or curb cockcurb stop, is intended for the exclusive use of the District in controlling the water supply through the service connection pipe. If the curb cockcurb stop, 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 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 Ordinance 401 14 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 appear 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 A property owner or his/her agent, designated in writing, shall make application for regular water service by personally signing an Application for Water ServiceService Agreement form provided by the District and paying the necessary required fees. 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. The property owner will remain the primary account holder, or Customer of Record, with respect to District services for as long as they own the property. 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 SignatureAdditional Customer of Record - If the Property owner rents the premises to a tenant, the tenant may have water service and other services instituted in the tenant'stheir name by completing an Owner Authorized Billing Agreement. The tenant and owner must both sign the agreement and the District must be provided with a copy of an active rental agreement, 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 serviceOwner Authorized Beiling Agreement 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. Ordinance 401 15 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 Exception - A The 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 check. 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: a. Where single-family residential 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, the customer may request a refund of the full deposit. Ordinance 401 16 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. a.b. Where multi-family residential customer deposits 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. c. 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 IndustrialNon-Residential - The District shall refund the security deposit for commercial, retail, or industrial, fire service and irrigation 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. Ordinance 401 17 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 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 cockcurb stop, or wheel valve, or coupling shall be maintained by the District. All pipes and fixtures extending or laying beyond the meter box coupling 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 cockcurb stop or the private shutoff. The District's jurisdiction and responsibility ends at the customer’s connection to the meter.customer's side of the meter box and Ordinance 401 18 theThe 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 ameter 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. 6.10.06 Connections - The applicant shall, at his cost, provide all connections to buildings and private water systems, as herein provided. Ordinance 401 19 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 Director of Engineering and Operations. 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. 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 Ordinance 401 20 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 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 Ordinance 401 21 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, 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. Ordinance 401 22 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 owner’s 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: 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; 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. Ordinance 401 23 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 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. Ordinance 401 24 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. 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: Ordinance 401 25 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. 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 impairmentof 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 somethingperceived that can develop into or become actual. Ordinance 401 26 9.03.15 Service Connection - The term “service connection” shallmean 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. 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 watersupplied 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 Ordinance 401 27 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 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 waterservices, 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-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. Ordinance 401 28 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 Hospitals- Medical buildings, Mortuaries, Autopsy Facilities, Nursing and Convalescent Homes, and Clinics - RPP Irrigation systems- Premises having separate systems: Ordinance 401 29 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 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 Ordinance 401 30 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 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 Establish Rates and Charges – The Board of Directors shall from time to time establish rates and charges for water and other service provided by the East Valley Water District by Resolution. 10.02 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. 10.03 Tiered Water Use - The District charges a commodity charge for potable water use in three separate pricing tiers. Tier 1 is an estimate ofallocation for indoor water use. Tier 2 is an estimate ofallocation for 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. Ordinance 401 31 10.04 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. 10.05 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. 10.06 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. Ordinance 401 32 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 10.07 Residential Indoor Water Budget - A residential indoor water budget is calculated by multiplying the number of persons per household by 60 55 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 240 220 gallons (4 persons x 1 unit x 1 drought factor x 60 55 gallons). If there are 28 days in a billing period the total indoor water budget would be 6,720 160 gallons (240 220 gallon/day x 28 days = 6,720 160 gallons) or 8.98 24 billing units (6,720 160 gallons ÷ 748 gallons per billing unit). 10.08 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. 10.09 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. 10.10 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. Ordinance 401 33 10.11 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. 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. 10.12 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. 10.13 Liability for Water Service – The property owner shall be held liable for water service charges until such time as the District is notified in writing to transfer the account to another property owner. 10.14 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; Ordinance 401 34  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 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. 10.15 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. 10.16 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. 10.17 Meter Reading, Billing Period, and Due Date - The billing will be based on the periodic meter readings which will normally range between 26 and 35 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 eight 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. Ordinance 401 35 10.18 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 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. 10.19 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. 10.20 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. 10.21 Billing Period – The regular billing period will be monthly. 10.22 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 system charge. 10.23 Payment of Bills – Bills for water service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the finl due date, the bill shall become past due and delinquent. 10.24 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 Ordinance 401 36 disconnection. Residential accounts will have sixty (60) calendar days from the date of the mailing of the notice before the account will be disconnected for non-payment in accordance with the District’s Policy for Discontinuation of Residential Water Service. Non-residential accounts (commercial, irrigation) will have fifteen (15) calendar days from the date of the mailing of the notice before the account will be disconnected. The delinquency notice will contain all the following:  the name and address of the customer;  the amount of the delinquency;  the date by which payment arrangements must be made in order to avoid discontinuation of service;  the procedure by which the customer may initiate a complaint or request an investigation or appeal concerning service or charges;  a description of the procedure by which the customer may request an alternative payment arrangement, including an extension, amortization, alternative payment schedule, or payment reduction;  the procedure for the customer to obtain information on financial assistance, if applicable; and  the telephone number where the customer may request a payment arrangement or receive additional information from the District. Notice of any delinquency in a tenant's account shall also be sent to the owner of the property. See Section 12 of this Ordinance for Disconnection Procedures. 10.25 Removal of Delinquency - At the end of each calendar year, customers may request that the District shall remove one delinquency from the record of each their account that has one or more delinquencieswhen one or more delinquencies have occurred during the previous 12 months. Ordinance 401 37 10.26 Suit Legal Action - All unpaid rates, charges and penalties herein provided may be collected by suitlegal action or through the use of a collection agency. 10.27 Costs - Defendant shall pay all costs of suit legal action in any judgment rendered in favor of the District, including reasonable attorney's fees. 10.28 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 recording date of title to the property is being 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. 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 Clerk, Ordinance 401 38 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 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. Ordinance 401 39 SECTION 12. DISCONNECTION FOR NONPAYMENT 12.01 Disconnection for Non-Payment - Residential water service shall be discontinued if payment for water service is not made within sixty (60) calendar days of the date of mailing the delinquent notice. All other notifications and communication required in the District’s Policy on Discontinuation of Residential Water Service shall be delivered prior to disconnection. Non- residential water service shall may be discontinued if payment for service is not made within fifteen (15) calendar days. At no time shall the District discontinue water service at a time when the District offices are closed. 12.01.01 Tenant Accounts Occupied Property – If water and other services to an account, where the tenant is shown as the Customer of Record, are discontinued for non-payment, the account can will be revised, at the discretion of the District, to show the owner as primary Customer of Record. The owner will continue to be shown as primary Customer of Record for as long as they own the property. Tenants may be shown as an additional Customer of Record with the consent of the property owner, or in the event that an account in the property owners name is subject to disconnection. 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. 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 Ordinance 401 40 until the violations have been corrected and all applicable service charges and fees as provided for herein are paid in full by cash , payment card, 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 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 Ordinance 401 41 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 updated in the District’s Schedule of Water and Wastewater Rates and Charges and adopted by separate Board resolution. 14.02 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 security deposit shall be refunded to the customer as provided in Section 6.04.02 herein. 14.03 Service Initiation Charge - The service initiation charge is a nonrefundable charge which covers the reasonable District costs for initiating water service. 14.04 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. This charge will vary based on the size of the meter. 14.05 Consumption Commodity Charge - The consumption commodity charge is the charge per hundred cubic feet (HCF) for allof water registered by the District’s water service meter. Commodity charges are assessed in 3 Tiers with ascending rates, and the number of HCF billed in each Tier is determined by a customer’s water budget as explained in a previous section of this ordinance. 14.06 Delinquency Delinquent 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. Ordinance 401 42 14.07 Disconnection 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. 14.08 Disconnect/Service Reconnect Charge - The disconnect/service 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. 14.09 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. 14.10 AMI Opt-Out Fee - The AMI opt-out fee will be assessed when a customer has made written request not to have an AMI meter installed at their property and covers the costs of staff and equipment in taking a manual read of the opt-out customer’s meter. 14.11 Returned Check Charge Payment Fee - The returned check payment charge fee is a charge which covers the reasonable administrative cost and banking charges for processing a returned check, or to respond to a disputed charge where a payment card was fraudulently used to make payment on an account.. 14.12 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. 14.13 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. 14.14 Fire Hydrant Installation Charge - The charge for installation of fire hydrants as may be required. Ordinance 401 43 14.15 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. 14.16 Backflow Device Installation Fee –This fee will be collected to cover the cost of the installation of a backflow device by District staff if the property owner requests that the District install the device. 14.17 Backflow Inspection Fee – The charge will cover the cost of inspecting a newly installed backflow prevention device where District staff has not performed the installation. 14.18 Backflow Compliance Testing Fees – The charge to cover costs of District staff conducting an initial compliance test of a customer device. If District staff will conduct annual compliance tests, customers may elect to pay for the annual test with a monthly charge billed to their water account. 14.19 Backflow Annual Administration Fee - This fee is an annual assessment to customers to cover the cost of administering a backflow compliance program. 14.20 Water 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. 14.21 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. 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. 14.22 Fire Service Connection Charge - The charge for installation of fire services as may be required. 14.23 Inspection Charge - Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection. 14.24 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 Ordinance 401 44 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 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. 14.15 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. 14.25 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. 14.17.01 Installation Charge - The installation charge shall represent the District’s cost to furnish and install the specified service. 14.1826 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 27 Engineering / New Development Services Charges - The following Engineering/New Development Services charges is a fee for thewill be established based on the calculated estimate of the District's time and effort spent on assisting customers who have a requirement to construct water main extensions, or other water facilities:  Drafting of an Availability Letter  Construction Inspection  Drafting/preparing revisions to a Development Agreement Ordinance 401 45  Development and Engineering Research  Development Meeting  Easement / Quitclaim Processing  Water / Sewer Inquiry  New Construction Chlorination and Flushing  Water Quality Sampling  Plan Checking  Drafting a Will Serve Letter , 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 28 Construction Water Charge - The charge for construction water charge is a temporary flatwill be calculated at the Tier 3 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 29 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. 14.30 Valve Can Deposit - The valve can deposit is a refundable charge that is used to insure all valve cans and caps are constructed to final grade before a water system construction project is complete. The District will accept a Guarantee Bond in lieu of a cash deposit. The fee Ordinance 401 46 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. 14.26 31 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 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: Permanent Conservation Measures – Stage 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 Ordinance 401 47 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. 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 Ordinance 401 48 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 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 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 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. Ordinance 401 49 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 and School Grounds - Public and private parks, golf courses, 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). 15.03.06 Swimming Pools - All residential, public and recreational swimming pools, of all size, shall use evaporation resistant covers and shall re-circulate water. 15.03.07 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 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: Ordinance 401 50 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 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. Ordinance 401 51 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: 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. Ordinance 401 52 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 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. 15.09.06 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. Ordinance 401 53 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 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 District customers appointed by the Board of Directors to serve in the capacity as herein described. The number of commissioners shall be determined by resolution of the Board of Directors.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. Ordinance 401 54 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. SECTION 16. EFFECTIVE DATE This Ordinance shall take effect and replace Ordinance 399 upon adoption. Adopted this 12th day of May 2021 ROLL CALL: Ayes: Noes: Absent: Abstain: ____________________________________ David E. Smith Board President ATTEST: Ordinance 401 55 ____________________________________ John Mura Secretary, Board of Directors May 12, 2021 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Ordinance 401 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held May 12, 2021. ____________________________________ John Mura Secretary, Board of Directors B OAR D AG E N D A S TAF F R E P O RT Agenda Item #5. Meeting Date: May 12, 2021 P ublic Hearing To: G overning Board Memb ers From: G eneral Manager/C E O S ubject: C o ns id er Adoption of R esolutio ns 2021.07 and 2021.08 - Updating the S ched ule of Water and Was tewater R ates and C harges and C ertain Misc ellaneo us F ees, P ublic Hearing R E COMME N D AT IO N: Staff recommends that the B oard of D irectors (B oard) Ado p t R es olutions 2021.07 and 2021.08 - Estab lishing a S ched ule o f Water and Wastewater R ates and C harges , and misc ellaneo us fees related to the provis ion o f those s ervic es . B AC KG R O UN D / AN ALYS IS : On F ebruary 24th, 2021, H abib I saac of I B C onsulting presented his findings from a C ost of S ervice Analysis (C O S A) and rate design study prepared for both the District’s water and wastewater enterprises, including the S terling N atural R esource C enter (S N R C ). T he water C O S A points out the need to fund two very important water treatment projects that will help the District become more resilient under drought conditions, while the wastewater C O S A points out the need to build up capital replacement reserves in order to fund more pipeline replacement projects. T he wastewater C O S A also provides the foundation for the inaugural rates established for the S N R C when it becomes operational. As a result of the C ost of S ervice Analysis performed by I B C onsulting, moderate rate adjustments are proposed for the water and wastewater enterprises over the next three years beginning in January of 2022. During the F ebruary meeting, the Board authorized staff to send out notices of a public hearing, to be held on M ay 12th, 2021, at which time the B oard would consider adoption of water and wastewater rate adjustments. Approximately 36,500 hearing notices were printed and distributed to D istrict customers and property owners, including residential owner-occupants, residential tenant-occupants and landlords, and commercial-occupants and owners. N otices were also posted in local newspapers during the two weeks prior to this hearing. Also during the last year, I B C onsulting and staff completed a separate U ser F ee S tudy in order to update M iscellaneous fees included in the D istrict’s water and sewer ordinances, and Schedule of R ate and C harges. M iscellaneous F ees include permits, penalties, and charges related to property development; they are not defined as a tax related to property ownership as water and sewer rates are, and they are therefore not subject to procedures under P roposition 218. As a result, notifications regarding a public hearing for M iscellaneous fees do not need to be mailed to each property owner, but just need to be posted twice in a newspaper. T he required notices have been placed in local newspapers, as well as posted on the District’s web site. R ec o mmend ed b y: John Mura G eneral Manager/C EO R espec tfully s ubmitted: Brian Tomp kins C hief F inancial O fficer I n addition to sending out notices, all reports and ordinances related to updating rates, fees, and charges have been made available for public inspection during the last two weeks. With these prerequisites having been met, staff recommends adoption of attached Resolution 2021.07 updating M iscellaneous fees, and R esolution 2021.08 updating rates for water and wastewater services, in the D istrict’s S chedule of Water and Wastewater Rates and C harges C hanges to miscellaneous fees recommended by the U ser Fee S tudy are highlighted in green in the accompanying S chedule (E xhibit A) and changes to water and wastewater rates based on the C ost of Services Analysis are highlighted in blue. AGE N C Y GOALS AN D OB J E C T IVE S: G oal and O b jec tives I I - Maintain a C o mmitment to S us tainab ility, Trans p arency, and Ac countability a) P rac tic e Transparent and Ac countable F isc al Management R E VIE W B Y O T HE R S : T his agend a item has b een reviewed by the Ad minis tratio n, C usto mer S ervice, Engineering and F inance Dep artments , the C o mmunity Ad vis o ry C o mmittee, and Legal C o uns el. F IS CAL IMPAC T T here is no s ignificant, meas urab le fis cal impac t to the F Y 2020-21 bud get as s oc iated with this agend a item. ATTAC H M E NTS: Description Type EVW D P resentation P resentation User Fe e Study Backup Material IB Consulting P resentation P resentation Water and Wastewater Study Backup Material Resolution 202 1.07 Resolution Lette r Resolution 202 1.08 Resolution Lette r Exhibit A - Schedule o f Rates Exhibit May 12, 2021 USER FEE AND MISCELLANEOUS FEE UPDATE 2 MISCELLANEOUS FEES •Miscellaneous Fees Listed As Exceptions From the Definition of a Tax As Defined By Proposition 26 •Charge imposed for specific government service provided directly to the payer that is not provided to those not charged •Charge imposed for reasonable costs to issue licenses and permits, and perform investigations and inspections •A fine, penalty or other monetary charge imposed as a result of a violation of law •A charge imposed as a condition of property development •District Miscellaneous Fees Were Last Updated January 17, 2016 3 REVIEWING MISCELLANEOUS FEE SCHEDULE •Importance of Reviewing Fees •Reflect costs for technical support •Ensure fees cover the actual cost of providing services •Identify services that cannot be categorized on a “lump sum” fee schedule •Ensure adequate deposits are collected to correlate with District costs •Calculation –Sum of: •(Fully burdened hourly rate) × (hours required) •Travel costs •Direct expenses 4 PROPOSED FINANCE FEES FEE CURRENT PROPOSED Disconnect Notice Charge $23 $30 Service Initiation Charge $30 $35 Meter Test Charge $75 $65 AMI Opt-Out $47 $47 5 PROPOSED OPERATIONS FEES FEE CURRENT PROPOSED Annual Backflow Compliance Test $60 ($5/Month)$60 ($5/Month) Backflow Installations Actual Cost Actual Cost Backflow Annual Administration Fee $80 (Per Device)$145 (Per Device) Water Quality Sampling $20 (Per Device)$15 (Per Device) Water Quality Inspection Main Chlorination and Flushing $225 Minimum to Actual Cost $355 Minimum to Actual Cost FEE CURRENT PROPOSED Meter Installation –¾” (T-10) Meter Installation –¾” (Mach-10)Actual Cost $930 $1,035 Meter Installation –1”Actual Cost $1,100 Meter Installation –1.5”Actual Cost $1,495 Meter Installation –2”Actual Cost $1,780 Meter Installation –3”Actual Cost $7,515 Meter Installation –4”Actual Cost $10,030 Meter Installation –6”Actual Cost $15,875 Meter Installation –8”Actual Cost $17,360 Meter Installation –10”Actual Cost $22,355 6 PROPOSED METER RELATED CHARGES SERVICE SIZE CURRENT FEE (DEPOSIT) Short Side/Long Side –¾” (T-10) Short Side/Long Side –¾” (Mach-10)Actual Cost Actual ($6,005 / $11,030) Actual ($6,110 / $11,135) Short Side/Long Side –1”Actual Cost Actual ($6,035 / $11,060) Short Side/Long Side –1.5”Actual Cost Actual ($6,420 / $11,445) Short Side/Long Side –2”Actual Cost Actual ($6,640 / $11,665) Short Side/Long Side –3”Actual Cost Actual ($14,765 / $22,690) Short Side/Long Side –4”Actual Cost Actual ($17,210 / $25,135) Short Side/Long Side –6”Actual Cost Actual ($22,985 / $30,915) Short Side/Long Side –8”Actual Cost Actual ($24,470 / $32,395) Short Side/Long Side –10”Actual Cost Actual ($29,465 / $37,390) 7 PROPOSED LATERAL INSTALLATION DEPOSITS FEE CURRENT PROPOSED Construction Inspection (District Staff)$900 $905 Engineering Research Fee $200 (4 Hr. Minimum)$380 (4 Hr. Minimum) Development Coordination Meeting Fee (after 1st meeting)$250/hour $475 Water/Sewer Plan Checking Deposit (3 Checks) Actual Cost (Deposit 10% of Construction Estimate) Actual Cost ($800 Deposit Per Sheet) Development Agreement Actual Cost (Deposit 10% of Construction Estimate)$1,375 Easement / Quitclaim Processing (Per Easement)N/A $975 8 PROPOSED ENGINEERING FEES 9 PROPOSED ENGINEERING FEES -CONTINUED FEE CURRENT PROPOSED General Water/Sewer Inquiry Actual Cost $75 Fire Hydrant Flow Test $100 $270 Availability Letter N/A $155 Will Serve Letter N/A $575 Sewer Permit Fee $25 $275 IB Consulting, LLC 31938 Temecula Parkway, Suite A #350 Temecula, CA. 92592 User Fee Study East Valley Water District May 12, 2021 East Valley Water District – User Fee Study Page | 2 TABLE OF CONTE NTS Overview ....................................................................................................................................................... 3 Penalties ........................................................................................................................................................ 6 Finance .......................................................................................................................................................... 7 Operation Service .......................................................................................................................................... 8 Meter Related Charges .................................................................................................................................. 9 Engineering ................................................................................................................................................. 10 Conclusion ................................................................................................................................................... 11 TABLE S Table 1 – Productive Hours (Full-Time and Part-Time) .................................................................................. 4 Table 2 – Fully Burdened Hours Rates by Position ........................................................................................ 4 East Valley Water District – User Fee Study Page | 3 Overview User Fees “User Fees” are charges imposed by a municipality to recover the cost of providing services requested by individuals. User Fees are governed by Proposition 218 and Proposition 26. Proposition 218 was approved by voters in 1996 and added Article XIII - C and D which considered all taxes as either special taxes or general taxes, requiring voter approval for both. Proposition 218 also provided guidance with fees through Article XIIID, which defined a fee as “any levy…imposed on a parcel or upon a person as an incident of property ownership including a user fee or charge for a property-related service.” Property related services include public services having a direct relationship to property ownership even if the service is paid for by an individual. Proposition 26 was approved in 2010 and amended Article XIIIA Section 3 by redefining a “tax” as any levy, charge, or exaction of any kind imposed by a local government. However, as part of the redefining a tax, Proposition 26 included seven exemptions that are not considered “taxes” requiring voter approval. Two of these exemptions are directly related to fees and are identified as follows: Proposition 26 Exemption: A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, so long as a reasonable relationship between the charges and cost of service rendered are clearly demonstrated. Proposition 26 Exemption: A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law. Therefore, this Report provides the nexus between East Valley Water District’s (District) updated user fees and the cost associated with providing such services. The District also imposes two penalties for returned payment and bill delinquencies. In these two cases, the fee does not need to be cost-based and may be set at an amount that discourages the activity from reoccurring or as a surcharge over an existing charge, such as a bill. Fully Burden Hour Rates To determine the reasonable cost of providing services, the hourly rates of all District employees were determined and incorporated into the user fee analysis for deriving the total cost of services rendered. The analysis identifies all staff positions needed for each service and time incurred in increments of an hour. In addition to the hourly salary rates of employees, benefits and central service costs may also be included as reasonable expenses incurred. For this user fee analysis only salaries and benefits of each employee are included to calculate Fully Burdened Hourly Rates (FBHRs). Another important component for deriving FBHRs is the number of total productive hours of personnel throughout the year. We first take the total possible workable hours over 52 weeks of 2,080 (52 weeks x 40 hours = 2,080 hours) and reduce this amount by vacation, sick time, holidays, training and safety meetings, and internal non-billable administrative time. The net result is the total Productive Hours available to provide services to the public. T ABLE 1 calculates the Productive Hours for both full-time employees and part-time employees. East Valley Water District – User Fee Study Page | 4 Table 1 – Productive Hours (Full-Time and Part-Time) Personnel Time Components Full-Time (hours) Part-Time (hours) Total Possible Hours 2,080 1,000 Less Vacation 80 - Sick Time 40 8 Holidays 117 - Training and Safety Meetings 42 6 Internal Admin Time 12 6 Productive Hours 1,789 972 Taking total salaries and benefits of each staff position and dividing it by the total Productive Hours generates the FBHRs used within this user fee analysis. T ABLE 2 provides the FBHRs of each staff position associated with service activities. Table 2 – Fully Burdened Hours Rates by Position Position Total Salaries and Benefits Productive Hours Fully-Burdened Hourly Rate Accountant $106,073 1,789 $59.29 Accounting Technician $118,587 1,789 $66.29 Administrative Assistant $122,769 1,789 $68.62 Associate Engineer $142,349 1,789 $79.57 Conservation Coordinator $131,471 1,789 $73.49 Customer Svc Rep II $90,878 1,789 $50.80 Facilities Maintenance Coordinator $169,494 1,789 $94.74 Facilities Maintenance Worker $86,234 1,789 $48.20 Field Service Supervisor $201,422 1,789 $112.59 Field Service Worker I $94,654 1,789 $52.91 Field Service Worker II $103,652 1,789 $57.94 Field Service Worker III $140,466 1,789 $78.52 Field Services Representative II $97,774 1,789 $54.65 East Valley Water District – User Fee Study Page | 5 Position Total Salaries and Benefits Productive Hours Fully-Burdened Hourly Rate Information Technology Manager $192,425 1,789 $107.56 Meter Reader I $84,243 1,789 $47.09 Meter Reader II $118,033 1,789 $65.98 Network Administrator $134,155 1,789 $74.99 Senior Accounting Technician $117,891 1,789 $65.90 Senior Administrative Assistant $125,815 1,789 $70.33 Senior Customer Service Representative $127,790 1,789 $71.43 Senior Engineer $169,428 1,789 $94.71 Senior Field Service Worker-Water Maintenance $147,607 1,789 $82.51 Storekeeper/Buyer $128,541 1,789 $71.85 Water Quality Coordinator $158,227 1,789 $88.44 Water Quality Technician $98,004 1,789 $54.78 The cost recovery for services rendered is directly connected to the FBHRs, time required by each staff position to complete the requested services, plus any direct expenses or travel costs. Time estimates for each service were determined by District staff based on actual time from previous years for current services and estimates for new fees. The result reflects the reasonable cost incurred to provide each service. The District may charge up to the proposed fee identified for each service within this report. As previously referenced, certain fees within the schedule are considered “penalties” and are not required to directly connect to the cost of providing the service but may do so if the cost-based result enforces the objective of the Penalty. The fee schedule is separated by type of fee with Penalties listed fist as its own grouping. The remaining fees are grouped as follows: Finance, Operations, Meter-Related Charges, and Engineering. East Valley Water District – User Fee Study Page | 6 Penalties East Valley Water District – User Fee Study Page | 7 Finance East Valley Water District – User Fee Study Page | 8 Operation Service East Valley Water District – User Fee Study Page | 9 Meter Related Charges East Valley Water District – User Fee Study Page | 10 Engineering East Valley Water District – User Fee Study Page | 11 Conclusion As part of this User Fee study, deliverables included a user fee model that provides backup documentation for each proposed fee as part of the District’s administrative record. The User Fee model includes each position required to perform such services, the time estimates by position, and detailed expenses when applicable. It is recommended that these fees are reviewed and updated on an annual basis or indexed to the Consumer Price Index of the U.S. Bureau of Labor Statistics (CPI) to keep pace with inflation in subsequent years. East Valley Water District Water and Wastewater Cost of Service Rate Study February 24, 2021 Study Goals Develop a Long-term Financial Plan for Both Water and Wastewater Enterprises Account for New Capital Improvements and SNRC Operations Reconstruct Wastewater Rates to Reflect the District’s Characteristics and Transition from San Bernardino Treatment Rates Ensure Rates are Equitable and Meet Industry Standards while Complying with Proposition 218 Support the District through Rate Adoption and Prepare Report Main Objectives 2 Water Enterprise Financial Plan and Cost of Service Rates $0 $5 $10 $15 $20 $25 $30 FY 2021 FY 2022 FY 2023 FY 2024 M i l l i o n s Opera�ng Financial Plan Net Cashflow Projected Revenue Opera�ng Expenses District’s Current Financial Position Water Enterprise 4 Financial Plan Metrics Generate Positive Annual Operating Net Income Comply with Debt Covenants Sufficiently Fund Capital Needs Meet Reserve Targets District’s Financial Position Current Rates 5 Results From Review District is Currently in a Strong Financial Position Upcoming Capital Improvements Include Ongoing Reinvestment, Plant 134 Rehabilitation and Construction of the Eastside Surface Water Treatment Plant (ESWTP) Plant 134 and ESWTP improvement cost is $18M over next 3 years Note: Reserves Would be Depleted Maintaining Current Capital Improvement Plan Without Adjusting Water Rates $0 $5 $10 $15 $20 $25 $30 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Opera�ng Financial Plan Net Cashflow Projected Revenue Opera�ng Expenses FY 2022: Plant 134 Improvements –SRF Loan FY 2023 & 24: Eastside SWTP –SRF Loan Proposed Financial Plan 10-Year Planning Period 6 Proposed Financial Plan Positive Annual Operating Net Income Comply with Debt Covenants Level Adjustments to Reduce Impact Sufficiently Fund Capital Needs Meet Reserve Targets Rate Design Maintain Current Budget-Based Rate Structure Adjust baseline Indoor Water Budget (IWB) to reflect 55 Gallons Per Capita Per Day (GPCD) Proactive signaling tool between District and customers reflecting upcoming State Mandates Cost of Service Recalibration Incorporate recent usage trends Update cost allocations to ensure rates reflect the cost of delivering water Tiered costs updated to reflect proportionate share based on demand Fixed / Variable Recovery Maintain current revenue recovery split (~35% Fixed / 65% Variable) Structure 7 FY 2022 Revenue Requirements Water Enterprise 8 Water Supply -$3.2M O&M / Debt -$18.9M Revenue Offsets -($0.5M) Rate Revenue -$26.8M 9 Account Services $2,648,598 Meter Capacity $6,629,591 Well Water $2,223,000 Surface Water $122,000 State Water Project $859,000 Water Efficiency $618,538 Delivery $8,941,904 Peaking $4,757,369 Cost of Service Cost Components for Rate Development Fixed Components 34.6% Variable Components 65.4% Similar to Current Split $4,757,369 10 $2,648,598 $6,629,591 $2,223,000 $122,000 $859,000 $618,538 $8,941,904 Cost of Service Cost Components with Units of Service Units of Service Total Bills 256,320 Units of Service Total MEs 323,344 Units of Service GW Supply 5,529,703 Units of Service Water Sales 7,181,432 Units of Service State Water 1,651,729 Units of Service Tier 2 & 3 Usage 3,495,238 Units of Service Weighted Peak 16,368,444 Units of Service Water Sales 7,181,432 Fixed Charges Fixed Charge Components 11 Meter Size Number of Meters Customer Service Charge [A] Capacity Ratios Meter Service Charge [B] Proposed Charge [A + B] 5/8" 4,202 $10.34 0.67 $13.67 $24.01 3/4"12,327 $10.34 1.00 $20.51 $30.85 1"4,175 $10.34 1.67 $34.18 $44.52 1 1/2"262 $10.34 3.33 $68.35 $78.69 2"287 $10.34 5.33 $109.36 $119.70 3"62 $10.34 10.67 $218.71 $229.05 4"22 $10.34 16.67 $341.73 $352.07 6"12 $10.34 33.33 $683.45 $693.79 8"11 $10.34 93.33 $1,913.64 $1,923.98 Current Charge Change ($) $23.06 $0.95 $29.27 $1.58 $41.71 $2.81 $72.81 $5.88 $110.13 $9.57 $228.30 $0.75 $402.44 -$50.37 $819.14 -$125.35 $1,503.28 $420.70 Majority of accounts Water Supplies Groundwater, State Water Project, Surface Water 12 Projected Usage Groundwater SWP Water Supply Costs Effective Rate ($/CCF)$0.40 $0.52 Available Supply 5,529,703 1,651,729 Tier 1 3,686,194 3,636,194 -$0.41 Tier 2 2,409,300 1,843,509 565,791 $0.43 Tier 3 1,085,938 -1,085,938 $0.53 Blended rate based on water supply mix to support demand Rounded up to penny *CCF: One-hundred Cubic Feet Variable Charges Variable Rate Components 13 Tiers Projected Usage (ccf)Supply Surface Water Water Efficiency Delivery Peaking Water Supply Costs Tier 1 3,686,194 $0.41 $0.02 -$1.25 $0.30 $1.98 Tier 2 2,409,300 $0.43 $0.02 $0.18 $1.25 $0.66 $2.54 Tier 3 1,085,938 $0.53 $0.02 $0.18 $1.25 $1.95 $3.93 Current Rate Change ($) $1.83 $0.15 $2.61 ($0.07) $3.64 $0.29 Proposed Water Charges FY 2022 –FY 2024 14 Wastewater Enterprise Financial Plan and Cost of Service Rates $0 .98 $1 .02 $1.05 $1.08 $0.0 $0.2 $0.4 $0.6 $0.8 $1.0 $1.2 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Capital Funding Sources Rate/Reserve Funded Total CIP $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s All Reserves Ending Balance Minimum Reserve Target Reserve ($5.0) $0.0 $5.0 $10.0 $15.0 $20.0 $25.0 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Opera�ng Financial Plan Net Cashflow Projected Revenue Opera�ng Expenses Treatment Plant online: Expenses New Revenues Current Financial Position Sewer Enterprise 16 Financial Plan Metrics Generate Positive Annual Operating Net Income Comply with Debt Covenants Sufficiently Fund Capital Needs Meet Reserve Targets $500,000 for Collection R&R $500,000 for Treatment Plant Financial Position Outlook Current Position 17 Results from Review New Capital Improvement Plan Includes: Increased reinvestment in the collection system from $200,000 up to ~$500,000 Set aside funding for Treatment Plant of $500,000 annually SNRC Treatment Plant Generates New Revenue New revenue streams include Onsite Power Offsets and Hauler Tipping Fees Recycled water revenue and GW basin replenishment credits Note: Reserves are Currently Healthy, but Would be Depleted by Increased System Reinvestment Without Adjusting Water Rates $0.0 $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 $14.0 $16.0 $18.0 $20.0 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s All Reserves Ending Balance Minimum Reserve Target Reserve Proposed Financial Plan 5-Year Planning Period 18 Proposed Financial Plan Positive Annual Operating Net Income Adjust Revenue Starting as Early as FY 2022 Prior to SNRC Opening Fund Capital Needs While Maintaining Prudent Reserves Meet Reserve Targets by FY 2024 FY 2022 Revenue Requirements with SNRC Wastewater Enterprise 19 Treatment Plant -$10.27M Collection / Debt -$4.4M Revenue Offsets -$2.2M Rate Revenue -$14.6M 20 Cost of Service Cost Components for Rate Development Biological Oxygen Demand (BOD) Total Suspended Solids (TSS) Collection Fixed Treatment Fixed $3,961,923 $3,778,350 Units of Service Accounts/Units 365,916 Units of Service Accounts/Units 365,916 $1,585,761 $2,148,125 Units of Service Flow 2,817,840 Units of Service Flow 2,817,840 $1,566,420 $1,566,420 Units of Service Weighted TSS 444,191 Treatment Flow Collection Variable Units of Service Weighted BOD 458,310 21 Adjustments to Rate Design Wastewater Rate Structure Restructuring Multi-Family Residential (MFR) Customers Should be Charged per Dwelling Unit and not per Master Account for Fixed Charges Flows from SFR and MFR are similar and can be projected on a per capita basis (just like indoor water budgets) San Bernardino Treatment Rates Include 13 Different Customer Classes Restructuring includes 4 Non-Residential customer classes for Treatment Patton State Hospital –currently charged based on actual flow and loading factors Low Strength, Medium Strength, and High Strength Provides more flexibility for the District to assign future users / customers based on strength characteristics as opposed to a specific land use Fixed Charges Collection and Treatment 22 Treatment Fixed Component - Unit Rate Revenue Requirement $3,961,923 ÷ Annual Dwelling Units 365,916 Monthly Unit Rate $10.83 Collection Fixed Component - Unit Rate Revenue Requirement $3,778,350 ÷ Annual Dwelling Units 365,916 Monthly Unit Rate $10.33 Variable Components 23 Collection Variable Customer Class Projected Flow (ccf)% Allocation Revenue Requirement Single-Family 1,605,561 56.98%$903,542 Multi-Family 711,661 25.26%$400,492 Patton State Hospital 100,341 3.56%$56,467 Non-Res - Low Strength 243,090 8.63%$136,801 Non-Res - Med Strength 49,678 1.76%$27,956 Non-Res - High Strength 107,510 3.82%$60,502 Total 2,817,840 100%$1,585,761 Variable Components 24 Treatment Variable -Flow Customer Class Projected Flow (ccf)% Allocation Revenue Requirement Single-Family 1,605,561 56.98%$1,223,968 Multi-Family 711,661 25.26%$542,521 Patton State Hospital 100,341 3.56%$76,493 Non-Res - Low Strength 243,090 8.63%$185,315 Non-Res - Med Strength 49,678 1.76%$37,871 Non-Res - High Strength 107,510 3.82%$81,958 Total 2,817,840 100%$2,148,125 Variable Components 25 Treatment -Biological Oxygen Demand (BOD) and Total Suspended Solids (TSS) Customer Class Weighted BOD % Allocation Revenue Requirement Single-Family 240,208 52.41%$820,988 Multi-Family 106,472 23.23%$363,901 Patton State Hospital 14,468 3.16%$49,448 Non-Res - Low Strength 27,277 5.95%$93,226 Non-Res - Med Strength 9,569 2.09%$32,705 Non-Res - High Strength 60,317 13.16%$206,152 Total 458,310 100%$1,566,420 Customer Class Weighted TSS % Allocation Revenue Requirement Single-Family 240,208 54.08%$847,083 Multi-Family 106,472 23.97%$375,467 Patton State Hospital 15,200 3.42%$53,601 Non-Res - Low Strength 27,277 6.14%$96,189 Non-Res - Med Strength 6,782 1.53%$23,916 Non-Res - High Strength 48,254 10.86%$170,164 Total 444,191 100%$1,566,420 Proposed Wastewater Rates 26 Residential Customer Class Annual Dwelling Units [A] Collection (Fixed + Variable) [B] Treatment (Fixed + Flow + BOD + TSS) [C] Proposed Collection Charge [D] = B / A Proposed Treatment Charge [E] = C / A Total Proposed Residential Charge [F] = D + E Residential Single-Family 230,748 $3,286,184 $5,390,443 $14.25 $23.37 $37.62 Multi-Family 127,848 $1,720,616 $2,666,151 $13.46 $20.86 $34.32 SFR Current = $36.91 Difference = +$0.71 Proposed Wastewater Rates 27 Non-Residential Customer Class # of Bills [A] Collection Fixed [B] Treatment Fixed [C] Proposed Collection Fixed [D] = B / A Proposed Treatment Fixed [E] = C / A Proposed Fixed Charge [F] = D + E Non-Residential Monthly Monthly Monthly Patton State Hospital 12 $124 $130 $10.33 $10.83 $21.16 Non-Res - Low Strength 5,628 $58,113 $60,937 $10.33 $10.83 $21.16 Non-Res - Med Strength 852 $8,798 $9,225 $10.33 $10.83 $21.16 Non-Res - High Strength 828 $8,550 $8,965 $10.33 $10.83 $21.16 Customer Class Water Usage (ccf) [A] Collection Variable [B] Treatment Variable (Flow + BOD + TSS) [C] Proposed Collection Variable Rate [D] = B / A Proposed Treatment Variable Rate [E] = C / A Total Proposed Variable Rate [F] = D + E Non-Residential Per CCF Per CCF Per CCF Patton State Hospital 100,341 $56,467 $179,542 $0.57 $1.79 $2.36 Non-Res - Low Strength 394,185 $136,801 $374,730 $0.35 $0.96 $1.31 Non-Res - Med Strength 62,097 $27,956 $94,492 $0.46 $1.53 $1.99 Non-Res - High Strength 134,387 $60,502 $458,274 $0.46 $3.42 $3.88 Proposed Wastewater Charges FY 2022 –FY 2024 28 Wastewater Rates Customer Class Existing FY 2022 FY 2023 FY 2024 Fixed Charges Single-Family Residential $36.91 $37.62 $40.26 $43.09 Multi-Family Residential $21.32 $34.32 $36.74 $39.32 Non-Residential / Commercial $7.42 $21.16 $294.26 $314.87 Non-Residential Flow Rates (per ccf)0%0% Patton State Hospital Varied by Month $2.36 $2.53 $2.72 Low Strength $1.33 $1.31 $1.41 $1.52 Medium Strength $2.55 $1.99 $2.14 $2.30 High Strength $3.28 $3.88 $4.16 $4.46 SAMPLE FY 2022 Monthly Bill Single-Family Residential within Total Water Budget 29 Thank You Andrea Boehling IB Consulting Principal | Managing Partner Phone: 615-870-9371 | Email:aboehling@IBConsultingInc.com 30 Habib Isaac IB Consulting Principal | Managing Partner Phone: 951-595-9354 | Email:hisaac@IBConsultingInc.com IB Consulting, LLC 31938 Temecula Parkway, Suite A #350 Temecula, CA. 92592 Water and Wastewater Rate Study Public Hearing May 12, 2021 East Valley Water District – Water and Wastewater Rate Study Page | 2 TABLE OF CONTENTS Executive Summary ....................................................................................................................................... 6 Water Utility ................................................................................................................................................... 9 Financial Plan Overview – Water Utility ....................................................................................................... 13 Proposed Financial Plan – Water Utility ....................................................................................................... 21 Cost of Service Analysis – Water Utility ....................................................................................................... 24 Rate Design – Water Utility .......................................................................................................................... 34 Cost-Based Rates – Water Utility ................................................................................................................. 42 Wastewater Utility ........................................................................................................................................ 44 Financial Plan Overview – Wastewater ........................................................................................................ 47 Proposed Financial Plan – Wastewater ....................................................................................................... 56 Cost of Service Analysis – Wastewater Utility .............................................................................................. 59 Rate Design – Wastewater Utility ................................................................................................................. 68 Cost-Based Wastewater Rate Schedule ...................................................................................................... 78 East Valley Water District – Water and Wastewater Rate Study Page | 3 TABLES Table 1: Proposed Monthly Fixed Charges .................................................................................................... 7 Table 2: Proposed Variable Charges ............................................................................................................. 7 Table 3: Proposed Wastewater Rates............................................................................................................ 8 Table 4: Accounts by Meter Size ................................................................................................................. 10 Table 5: FY 2021 Monthly Fixed Charges .................................................................................................... 12 Table 6: FY 2021 Budget-Based Commodity Rates (ccf) ............................................................................. 12 Table 7: Assumptions for Forecasting Revenues ......................................................................................... 14 Table 8: Assumptions for Forecasting Expense Requirements .................................................................... 14 Table 9: Calculated Rate Revenues ........................................................................................................... 15 Table 10: Projected Revenues ..................................................................................................................... 16 Table 11: Projected O&M Expenses ............................................................................................................ 17 Table 12: Reserve Requirements and Targets ............................................................................................. 18 Table 13: Proposed Financial Plan .............................................................................................................. 21 Table 14: FY 2022 Revenue Requirements ................................................................................................. 25 Table 15: System Peaking Factors and Distribution Basis ........................................................................... 28 Table 16: Water Supply Expense Allocation to Cost Components (%) ......................................................... 29 Table 17: Water Supply Expense Allocation to Cost Components ($) .......................................................... 29 Table 18: O&M Expense Allocation to Cost Components (%) ...................................................................... 30 Table 19: O&M Expense Allocation to Cost Components ($) ....................................................................... 31 Table 20: Debt Expense Allocation to Cost Components (%) ...................................................................... 31 Table 21: Debt Expense Allocation to Cost Components ($) ........................................................................ 31 Table 22: Planned Capital Spending to Cost Components........................................................................... 32 Table 23: Other Funding to Cost Components (%) ...................................................................................... 32 Table 24: Other Funding Allocation to Cost Components ($) ....................................................................... 32 Table 25: FY 2022 Cost of Service Requirements by Cost Component ....................................................... 33 Table 26: Accounts and Meter Equivalents .................................................................................................. 34 Table 27: Peaking Factor by Tier ................................................................................................................. 35 Table 28: Total Usage by Tier and Weighted Peaking Factor ...................................................................... 35 Table 29: FY 2022 Account Services Cost of Service Monthly Unit Rate ..................................................... 36 Table 30: FY 2022 Meter Capacity Cost of Service Monthly Unit Rate......................................................... 37 Table 31: Water Budget Allocations ............................................................................................................. 38 Table 32: Water Source Unit Rates ............................................................................................................. 39 Table 33: Water Supply Unit Rates by Tier .................................................................................................. 39 Table 34: FY 2022 Water Efficiency Cost of Service Unit Rate by Tier ........................................................ 40 Table 35: FY 2022 Delivery Cost of Service Unit Rate by Customer Class .................................................. 40 Table 36: FY 2022 Peaking Cost of Service Unit Rate by Tier ..................................................................... 41 Table 37: FY 2022 Monthly Fixed Charges .................................................................................................. 42 Table 38: Proposed Monthly Fixed Charges ................................................................................................ 42 Table 39: FY 2022 Variable Rates by Tier ................................................................................................... 43 Table 40: Proposed Variable Rates by Tier ................................................................................................. 43 Table 41: Accounts by Customer Class ....................................................................................................... 45 Table 42: FY 2021 Fixed Charges and Variable Rates ................................................................................ 46 Table 43: Assumptions for Forecasting Revenues ....................................................................................... 48 Table 44: Assumptions for Forecasting Expense Requirements .................................................................. 48 East Valley Water District – Water and Wastewater Rate Study Page | 4 Table 45: Calculated Rate Revenues ......................................................................................................... 49 Table 46: Calculated Rate Revenues ......................................................................................................... 50 Table 47: Projected Wastewater Revenues ................................................................................................. 51 Table 48: Projected O&M Expenses ............................................................................................................ 52 Table 49: Reserve Requirements and Targets ............................................................................................. 53 Table 50: Proposed Financial Plan - Forecasted Revenues ......................................................................... 56 Table 51: FY 2022 Wastewater Revenue Requirements ............................................................................. 60 Table 52: Treatment Expense Allocation to Cost Components (%) .............................................................. 63 Table 53: Treatment Expense Allocation to Cost Components ($) ............................................................... 63 Table 54: District O&M Expense Allocation to Cost Components (%) .......................................................... 64 Table 55: District O&M Expense Allocation to Cost Components ($) ........................................................... 64 Table 56: District O&M Costs - Treatment and Collection ($) ....................................................................... 65 Table 57: District Debt Allocation to Cost Components (%) ......................................................................... 65 Table 58: District Debt Allocation to Cost Components ($)........................................................................... 65 Table 59: Revenue Offsets and Capital / Reserve Funding (%) ................................................................... 66 Table 60: Revenue Offsets and Capital / Reserve Funding ($) .................................................................... 66 Table 61: FY 2022 Cost of Service Requirements ....................................................................................... 67 Table 62: Residential Projected Flows ......................................................................................................... 68 Table 63: Non-Residential Projected Flows ................................................................................................. 69 Table 64: Non-Residential Flow Return Factors ........................................................................................... 70 Table 65: Units of Service for Cost Components ......................................................................................... 71 Table 66: FY 2022 Collection Fixed – Cost of Service Monthly Unit Rate .................................................... 73 Table 67: FY 2022 Treatment Fixed – Cost of Service Monthly Unit Rate .................................................... 73 Table 68: FY 2022 Collection Variable – Cost of Service by Customer Class .............................................. 74 Table 69: FY 2022 Treatment Flow – Cost of Service by Customer Class ................................................... 75 Table 70: BOD Cost of Service by Customer Class ..................................................................................... 75 Table 71: TSS Cost of Service by Customer Class ...................................................................................... 76 Table 72: Revenue Requirement by Customer Class .................................................................................. 76 Table 73: Residential Flat Monthly Charges ................................................................................................ 77 Table 74: Fixed Monthly Charges for Non-Residential Customer Classes ................................................... 77 Table 75: Variable Rates for Non-Residential Customer Classes ................................................................ 77 Table 76: Proposed Wastewater Fixed Charges and Variable Rates ........................................................... 78 East Valley Water District – Water and Wastewater Rate Study Page | 5 FIGURES Figure 1: East Valley Water District Water System ........................................................................................ 9 Figure 2: Water Utility Capital Improvement Plan ......................................................................................... 10 Figure 3: Water Sales .................................................................................................................................. 11 Figure 4: Financial Plan Key Elements ........................................................................................................ 13 Figure 5: Water Utility Reserves .................................................................................................................. 18 Figure 6: Current Operating Financial Position ............................................................................................ 19 Figure 7: Projected Ending Reserves at Existing Rates ............................................................................... 20 Figure 8: Proposed Operating Position ........................................................................................................ 22 Figure 9: Capital Improvement Plan with Funding Sources .......................................................................... 23 Figure 10: Proposed Ending Reserves ........................................................................................................ 23 Figure 11: Cost of Service Process .............................................................................................................. 24 Figure 12: Cost Components ....................................................................................................................... 26 Figure 13: Distribution Basis and Units of Service by Cost Component ....................................................... 36 Figure 14: East Valley Water District Wastewater System ........................................................................... 44 Figure 15: Capital Improvement Plan ........................................................................................................... 45 Figure 16: Financial Plan Key Elements ...................................................................................................... 47 Figure 17: Wastewater Utility Reserves ....................................................................................................... 53 Figure 18: Current Operating Financial Position .......................................................................................... 54 Figure 19: Projected Ending Reserves at Existing Rates ............................................................................. 55 Figure 20: Proposed Operating Position ...................................................................................................... 57 Figure 21: Capital Improvement Plan with Funding Sources ........................................................................ 57 Figure 22: Proposed Ending Reserves ........................................................................................................ 58 Figure 23: Cost Components ....................................................................................................................... 61 Figure 24: Distribution Basis and Units of Service by Cost Component ....................................................... 72 East Valley Water District – Water and Wastewater Rate Study Page | 6 Executive Summary The East Valley Water District (District) periodically reviews its utilities to determine if adjustments are required to continue meeting its operational costs, system improvements, and adequate reserve funding based on the adopted reserve policies. The last cost of service study in 2015 set rates for Fiscal Years (FY) 2016 through FY 2018. The District has not increased rates since January 2020 and with more than five years removed from the last cost of service study - plus the construction of the new Sterling Natural Resource Center wastewater treatment plant (SNRC) - the District hired IB Consulting to conduct a comprehensive cost of service analysis. This Report sets rates from FY 2022 through FY 2024 (Rate Setting Period). Water Utility Updating the water utility’s long-term financial plan and performing a comprehensive cost of service analysis is a prudent business practice to ensure the utility can fully fund its revenue needs over the next three fiscal years and beyond. As part of reviewing and updating utility rates, the first step is to conduct a thorough review of the financial health of the utility. Based on the 10-year financial plan for the water utility, revenues from existing rates sufficiently covers operating expenses for the Rate Setting Period; however, the utility has significant capital projects during this time. The major projects coming online include Plant 134 improvements and the new Eastside Treatment Plant, which collectively totals $18M. At existing rates, revenues will not be sufficient to fund necessary system improvements and meet reserve requirements. The District’s water rate structure includes a monthly fixed charge and budget-based commodity rates. Residential customers are on a three-tiered rate structure with budget-based allotments for indoor use and outdoor use. Non-residential customers’ budget-based rates are tied to a three-year rolling average of historical use. Based on the updated cost of service analysis, fixed revenue recovery will remain at approximately 35% of total revenue. The proposed rate structure is similar to the existing budget-based rate structure with a slight adjustment to the residential Tier 1 indoor allotment. Tier 1 will now reflect 55 gallons per capita per day (gpcd), down from 60 gpcd. This recommended adjustment is in-line with State AB 1668 and SB 6060 efficiency targets to achieve 55 gpcd. In addition, new legislation proposes to set the indoor efficiency target to 50 gpcd by 2030 and we recommend that the indoor target continues to adjust, accordingly. The proposed rates derived within this report for water includes three years of adjustments, commencing on January 1, 2022. With the proposed rates, the utility will continue to generate positive net income above operating, fully fund its capital projects through a combination of cash on hand and State Revolving Fund (SRF) loans and meet minimum reserve targets throughout the Rate Setting Period1. The recommended rates have been incorporated into a notice and mailed to each customer as part of the Proposition 218 noticing requirements. A Public Hearing is scheduled for May 12, 2021 on the proposed rates identified in Table 1 and Table 2. 1 The Proposed financial plan assumes water usage does not fall below FY 2019 demand and future expenses do not exceed the projected costs identified herein. East Valley Water District – Water and Wastewater Rate Study Page | 7 Table 1: Proposed Monthly Fixed Charges Table 2: Proposed Variable Charges Fixed Meter Charges ($/Month) Meter Size FY 2022 FY 2023 FY 2024 5/8" $24.01 $24.74 $25.49 3/4" $30.85 $31.78 $32.74 1" $44.52 $45.86 $47.24 1 1/2" $78.69 $81.06 $83.50 2" $119.70 $123.30 $127.00 3" $229.05 $235.93 $243.01 4" $352.07 $362.64 $373.52 6" $693.79 $714.61 $736.05 8"$1,923.98 $1,981.70 $2,041.16 Variable Rates ($/ccf) Tiered Rates FY 2022 FY 2023 FY 2024 Tier 1 $1.98 $2.04 $2.11 Tier 2 $2.54 $2.62 $2.70 Tier 3 $3.93 $4.05 $4.18 East Valley Water District – Water and Wastewater Rate Study Page | 8 Wastewater Utility The wastewater utility is also included as part of this study and includes a complete restructuring of wastewater rates to reflect the costs associated with the new Sterling Natural Resource Center. A comprehensive wastewater cost of service study was performed to include the new treatment costs of the District. With the new operational treatment costs, wastewater rates have been updated to reflect the internal projected treatment operations of the District versus the treatment operations of the City of San Bernardino (City). The District’s existing wastewater collection rate structure consists of monthly fixed charges and flow rates. Currently, treatment is contracted to the City and the cost of treatment are passed-through, but the proposed rates herein include the District’s treatment costs for the SNRC for the Rate Setting Period. The proposed wastewater rates derived within this report for FY 2022 will commence once the SNRC is online, which is expected to occur in the 4th quarter of 2021. With the proposed rates, the utility will continue to generate positive net income above operating, generate additional funding for the reinvestment in the wastewater system collection system, set aside funding for capital reinvestment in the new treatment plant, and meet minimum reserve targets. In addition, the SNRC will generate additional revenue streams, including onsite power generation credits, recycled water sales, groundwater replenishment credits and tipping fees. The recommended rates have been incorporated into the notice and mailed to each customer as part of the Proposition 218 noticing requirements. A Public Hearing is scheduled for May 12, 2021 on the proposed rates identified in Table 3. Table 3: Proposed Wastewater Rates Wastewater Rates Customer Class FY 2022 FY 2023 FY 2024 Fixed Charges Single-Family Residential $37.62 $40.26 $43.09 Multi-Family Residential $34.32 $36.74 $39.32 Non-Residential / Commercial $21.16 $22.65 $24.25 Variable Flow Rates (per ccf)0% 0% Patton $2.36 $2.53 $2.72 Low Strength $1.31 $1.41 $1.52 Medium Strength $1.99 $2.14 $2.30 High Strength $3.88 $4.16 $4.46 East Valley Water District – Water and Wastewater Rate Study Page | 9 Water Utility Water System The District is located in the Inland Empire of San Bernardino County (County) and consists of the entire City of Highland, portions of the City of San Bernardino, and unincorporated areas of the County. The District spans almost 18,000 acres and currently serves a population of around 103,000 through approximately 21,360 meters. The District has multiple water sources including groundwater, surface water through North Fork water rights, and State Water Project (SWP). The District treats all of its surface water from North Fork and SWP at Plant 134 and is in the process of designing a new plant on the eastside of the District adjacent to the Santa Ana River. Figure 1: East Valley Water District Water System In 2019, the District completed a Water Master Plan (Water MP) that identified existing system improvements, near term improvements through FY 2025, and build-out improvements after FY 2025 through FY 2040. Based on the Water MP, the District developed a detailed capital improvement plan through FY 2028. The capital improvement plan includes two significant water projects during the Rate Setting Period for Plant 134 improvements and the construction of the Eastside Treatment Plant. With these two capital projects, annual capital spending spikes and is a major funding need to address as part of the proposed financial plan. Figure 2 shows the District’s capital plan through FY 2024. 301 miles of pipeline 18,000 acres Water Sources Wells, Surface, SWP 21,360 Meters Water System East Valley Water District – Water and Wastewater Rate Study Page | 10 Figure 2: Water Utility Capital Improvement Plan Customers The District serves approximately 21,360 active accounts, with over 90% of accounts classified as Residential. Table 4 provides a summary of accounts by meter size. Table 4: Accounts by Meter Size Meter Size Number of Accounts 5/8" 4,202 3/4" 12,327 1" 4,175 1 1/2" 262 2" 287 3" 62 4" 22 6" 12 8" 11 Total 21,360 East Valley Water District – Water and Wastewater Rate Study Page | 11 In 2013 the State issued mandatory conservation requirements to combat the effects of the prolonged drought on California’s water supplies. District customers responded by significantly reducing their water consumption. Since the elimination of the mandatory conservation, sales have rebounded but not to the levels of pre-drought usage. Customers have made permanent changes to reduce their consumption and continue to use water more efficiently through budget-based rates. Figure 3 shows both historical water sales and projected water sales in acre-feet. FY 2021 water sales were reduced to be closer to what occurred in FY 2019 for the Rate Setting Period and beyond. This was used as the typical annual demand because FY 2020 was impacted by change in usage patterns from COVID-19, with more people being at home during the stay-at-home orders. Figure 3: Water Sales As previously mentioned, the existing rate structure consists of a monthly fixed meter charge and a 3-tiered budget-based commodity rate structure. Existing monthly fixed charges are identified in Table 5 followed by Table 6 identifying commodity rates by tier. The District is currently changing out all 5/8” meters to 3/4” meters but are maintaining the same 5/8” meter charge until the entire meter replacement program is complete. Therefore, accounts by meter size reflect account data prior to meter replacement program and reflect how customers are currently charged. - 5,000 10,000 15,000 20,000 25,000 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Ac r e F e e t Water Sales (AF) East Valley Water District – Water and Wastewater Rate Study Page | 12 Table 5: FY 2021 Monthly Fixed Charges Table 6: FY 2021 Budget-Based Commodity Rates (ccf) Meter Size Existing 5/8" $23.06 3/4" $29.27 1" $41.71 1 1/2" $72.81 2" $110.13 3" $228.30 4" $402.44 6" $819.14 8"$1,503.28 Tier Existing Tier 1 $1.83 Tier 2 $2.61 Tier 3 $3.64 East Valley Water District – Water and Wastewater Rate Study Page | 13 Financial Plan Overview – Water Utility Financial Planning Financial planning incorporates numerous considerations, including projecting revenues, and forecasting expected costs using various inflationary adjustments. Utilities also need to account for changes in water demand driven by variations in weather, water availability, State mandates, growth, and economic factors. In addition, system maintenance and reinvestment, reserves, and debt compliance all influence the revenues needed in future years. Therefore, a comprehensive financial plan reviews the following: 1) Historical water sales and consumption patterns to determine an appropriate level of usage for projecting future water use. 2) Operational costs that may change over the planning period as a result of inflation as well any new expenditures incurred to meet strategic goals, State mandates, or changes in operations. 3) Multi-year system improvement needs, and scheduling based on priority. This review also considers available funding sources to complete projects such as pay-as-you-go (PAYGO), grants, loans, and debt financing. 4) Reserve funding to meet adopted reserve policies. The goal is to generate adequate cash on hand to mitigate financial risks related to operating cashflow needs, unexpected increases in expenses, shortages in system reinvestment, and mitigating potential system failures. Figure 4 illustrates the key elements when developing a long-term financial plan. Figure 4: Financial Plan Key Elements East Valley Water District – Water and Wastewater Rate Study Page | 14 Financial Planning Assumptions Developing a long-term financial plan requires an understanding of the utility’s financial position by evaluating existing revenue streams, ongoing expenses, how those expenses will change over time, existing debt requirements, and reserve policies. With these considerations, certain assumptions are required for projecting revenues, expenses, and expected ending fund balances. Table 7 identifies assumptions used for forecasting revenues and Table 8 identifies assumptions used for forecasting increases in expenses over the Rate Setting Period. Table 7: Assumptions for Forecasting Revenues Table 8: Assumptions for Forecasting Expense Requirements Key Assumptions FY 2022 FY 2023 FY 2024 Revenue Escalation Non-Inflated 0% 0% 0% Interest Earnings 1% 1% 1% Account Growth All Customer Classes 0% 0% 0% System Assumptions Water Loss 8.3% 8.3% 8.3% Water Sales 7,181,432 7,181,432 7,181,432 Key Assumptions FY 2022 FY 2023 FY 2024 Expenditure Escalation Benefits 3.0% 3.0% 3.0% Capital Construction ENR 20-City 20-Year Average 3.2% 3.2% 3.2% Energy Costs 5.0% 5.0% 5.0% General Costs CPI - LA (BLS) 20-Year Average 2.5% 2.5% 2.5% Non-Inflated 0.0% 0.0% 0.0% Salaries 3.0% 3.0% 3.0% Purchased Water 5.0% 5.0% 5.0% Notes East Valley Water District – Water and Wastewater Rate Study Page | 15 Current Financial Position Revenues Based on the forecasting assumptions, revenues were calculated using existing rates and account data, with projected total water sales shown in Table 7 as the baseline for usage. Table 9 shows the calculated rate revenues through the Rate Setting Period. The detailed calculations can be found in the rate model on file with the District. Table 10 provides a summary of calculated rate revenues and other non-rate revenues available through the Rate Setting Period with future projections rounded to the nearest thousands. Table 9: Calculated Rate Revenues Fixed Revenues FY 2021 FY 2022 FY 2023 FY 2024 Base Fixed Charge Fixed Charges $8,782,875 $8,782,875 $8,782,875 $8,782,875 Total Base Fixed Charge $8,782,875 $8,782,875 $8,782,875 $8,782,875 Variable Revenues FY 2021 FY 2022 FY 2023 FY 2024 Residential Tier 1 $5,850,720 $5,850,720 $5,850,720 $5,850,720 Tier 2 $4,917,506 $4,917,506 $4,917,506 $4,917,506 Tier 3 $2,541,546 $2,541,546 $2,541,546 $2,541,546 Residential Variable Revenue $13,309,773 $13,309,773 $13,309,773 $13,309,773 Commercial Tier 1 $895,015 $895,015 $895,015 $895,015 Tier 2 $87,017 $87,017 $87,017 $87,017 Tier 3 $555,610 $555,610 $555,610 $555,610 Commercial Variable Revenue $1,537,642 $1,537,642 $1,537,642 $1,537,642 Irrigation Tier 1 $1,283,749 $1,283,749 $1,283,749 $1,283,749 Tier 2 $855,658 $855,658 $855,658 $855,658 Irrigation Variable Revenue $2,139,408 $2,139,408 $2,139,408 $2,139,408 Total Variable Rate Revenue $16,986,822 $16,986,822 $16,986,822 $16,986,822 Total Rate Revenue $25,769,697 $25,769,697 $25,769,697 $25,769,697 East Valley Water District – Water and Wastewater Rate Study Page | 16 Table 10: Projected Revenues Revenue Summary FY 2021 FY 2022 FY 2023 FY 2024 Rate Revenue Water Sales $16,987,000 $16,987,000 $16,987,000 $16,987,000 Meter Charges $8,783,000 $8,783,000 $8,783,000 $8,783,000 Subtotal Rate Revenue $25,770,000 $25,770,000 $25,770,000 $25,770,000 Other Operating Revenues Penalties $202,000 $202,000 $202,000 $202,000 Other Operating Charges $51,000 $51,000 $51,000 $51,000 Subtotal Other Operating Revenues $253,000 $253,000 $253,000 $253,000 Non-Operating Revenues Interest Income $225,000 $227,000 $229,000 $231,000 Energy Incentives/Rebates $0 $0 $0 $0 Miscellaneous Revenue $42,000 $42,000 $42,000 $42,000 Subtotal Non-Operating Revenues $267,000 $269,000 $271,000 $273,000 Total Revenues $26,290,000 $26,292,000 $26,294,000 $26,296,000 East Valley Water District – Water and Wastewater Rate Study Page | 17 Expenses The FY 2021 budget was used as the baseline expenses of the utility and adjusted in subsequent years based on the escalation factors shown in Table 8. Table 11 provides projected Operational & Maintenance (O&M) costs through FY 2024. Each expense category includes detailed line-item expenditures that were discussed with staff to determine the appropriate escalation factor to use for forecasting how costs will increase over time. Table 11: Projected O&M Expenses O&M Expenses FY 2021 FY 2022 FY 2023 FY 2024 Water Supply Costs Groundwater $2,136,000 $2,223,000 $2,314,000 $2,409,000 Surface Water $122,000 $122,000 $122,000 $122,000 State Water Project $821,010 $859,000 $898,000 $939,000 Subtotal Water Supply Costs $3,079,010 $3,204,000 $3,334,000 $3,470,000 Operating Expenses Board of Directors $179,900 $185,000 $190,000 $196,000 General Administration $912,600 $938,000 $965,000 $992,000 Human Resources $1,079,500 $1,109,000 $1,139,000 $1,170,000 Public Affairs $1,162,400 $1,194,000 $1,227,000 $1,260,000 Conservation $624,000 $640,000 $657,000 $674,000 Finance $890,700 $917,000 $944,000 $971,000 Information Technology $711,100 $730,000 $750,000 $770,000 Customer Service $1,107,900 $1,138,000 $1,168,000 $1,199,000 Meter Service $290,000 $299,000 $307,000 $317,000 Engineering $1,080,800 $1,111,000 $1,142,000 $1,175,000 Water Production - Admin $600,000 $617,000 $635,000 $653,000 Water Production - Source of Supply $608,000 $625,000 $642,000 $659,000 Water Production - Pumping $211,000 $217,000 $223,000 $229,000 Water Production - Transmission & Distribution $448,000 $461,000 $474,000 $487,000 Water Treatment $605,000 $622,000 $640,000 $658,000 Water Quality - Source of Supply $276,000 $284,000 $291,000 $299,000 Water Quality - Transmission & Distribution $204,000 $210,000 $216,000 $222,000 Field Maintenance Administration $390,600 $402,000 $414,000 $426,000 Water Maintenance $2,485,000 $2,556,000 $2,628,000 $2,703,000 Facilities Maintenance - Admin $592,500 $611,000 $630,000 $649,000 Facilities Maintenance - Source of Supply $54,000 $55,000 $57,000 $58,000 Facilities Maintenance - Pumping $44,000 $45,000 $46,000 $47,000 Facilities Maintenance - Treatment $134,000 $138,000 $141,000 $145,000 Fleet Maintenance $450,000 $462,000 $474,000 $486,000 Subtotal Operating Expenses $15,141,000 $15,566,000 $16,000,000 $16,445,000 Debt Service Existing Debt $3,899,551 $3,084,830 $3,078,528 $3,074,713 New/Proposed Debt $0 $231,906 $946,175 $946,175 Subtotal Debt Service $3,899,551 $3,316,735 $4,024,703 $4,020,889 Total Expenses $22,119,561 $22,086,735 $23,358,703 $23,935,889 East Valley Water District – Water and Wastewater Rate Study Page | 18 Reserves Figure 5: Water Utility Reserves Established reserves include Operating Reserve, Replacement Reserve, Emergency Reserve, and Rate Stabilization Reserve. These robust reserves help mitigate risks to the utility by ensuring sufficient cash is on hand for daily operations and to fund annual system improvements. In addition, these reserves help smooth rates and mitigate rate spikes due to emergencies or above-average system costs. The most recent adopted reserve policies identify the function of each reserve and Table 12 summarizes the minimum reserve requirements and the ideal funding targets of each reserve. Table 12: Reserve Requirements and Targets Reserve Minimum Requirement Reserve Target Operating 90 days of operating costs 120 days of operating costs Replacement $10M less Emergency Fund Capital needs for next 7 years Emergency 2.0% of Assets 2.0% of Assets Rate Stabilization 45 days of operating costs 60 days of operating costs The reserve balance as of July 1, 2020 equaled approximately $20M. OPERATING RESERVE Provides ongoing cash for daily operations and expenses of utility RATE STABILIZATION Focused on offsetting revenue variances from commodity fluctuations. Commodity charges are established in the rate process based on recent and historical usage trends. Fluctuations occur when situations vary from these trends REPLACEMENTRESERVE Provides funding for system improvements. Ensures system reinvestment occurs without delays or deferments. Also provides assurance when awarding construction contracts and matching funds when applying for grants EMERGENCY RESERVE Mitigates risk due to system failures. These occurrences are typically separate from capital plan East Valley Water District – Water and Wastewater Rate Study Page | 19 Financial Outlook at Existing Rates Calculating revenue using existing rates and projecting expenses helps determine the current financial health of the utility. Revenues from existing rates are sufficient to fund O&M through FY 2024; however, the increase in capital spending over the Rate Setting Period will generate pressure to increase rates. Only a portion of the system needs can be funded with projected net operating income resulting in the use of reserves to cover the remaining capital costs. Figure 6 illustrates the operating position of the utility, where O&M expenses are identified with the dashed red trendline and total revenues at existing rates are shown by the horizontal black trendline. The bars represent the amount of net operating income available for capital spending and reserve funding. Figure 6: Current Operating Financial Position With the capital improvement plan reflecting over $40M in spending from FY 2021 through the Rate Setting Period, as shown in Figure 2, reserves will be utilized to cover the remaining capital expenses to ensure necessary projects continue to move forward as scheduled. Figure 7 reflects the projected ending balances of reserves after operating and capital projects are funded. By FY 2023, reserves are depleted, and funding would not be available for ongoing system improvements at existing rates. $0 $5 $10 $15 $20 $25 $30 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Operating Financial Plan Net Cashflow Projected Revenue Operating Expenses East Valley Water District – Water and Wastewater Rate Study Page | 20 Figure 7: Projected Ending Reserves at Existing Rates -$10 $0 $10 $20 $30 $40 $50 $60 $70 $80 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s All Reserves Ending Balance Minimum Reserve Target Reserve East Valley Water District – Water and Wastewater Rate Study Page | 21 Proposed Financial Plan – Water Utility From the financial outlook at existing rates, a proposed financial plan can be developed to adequately fund the multi-year revenue requirements, while satisfying debt covenants. Based on funding the capital plan over the Rate Setting Period and ensuring reserves meet minimum targets, Table 13 forecasts projected revenues and expenses over the Rate Setting Period, including revenue adjustments to generate additional revenue from rates through FY 2024. Table 13: Proposed Financial Plan Revenue FY 2021 FY 2022 FY 2023 FY 2024 Rate Revenue Water Sales $16,987,000 $16,987,000 $16,987,000 $16,987,000 Meter Charges $8,783,000 $8,783,000 $8,783,000 $8,783,000 Total Rate Revenue $25,770,000 $25,770,000 $25,770,000 $25,770,000 Additional Revenue (from revenue adjustments): Fiscal Year FY 2022 $515,000 $1,031,000 $1,031,000 FY 2023 $402,000 $804,000 FY 2024 $414,000 Total Additional Revenue $0 $515,000 $1,433,000 $2,249,000 Projected Rate Revenues (with adjustments)$25,770,000 $26,285,000 $27,203,000 $28,019,000 Other Operating Revenues Penalties $202,000 $202,000 $202,000 $202,000 Other Operating Charges $51,000 $51,000 $51,000 $51,000 Subtotal Other Operating Revenues $253,000 $253,000 $253,000 $253,000 Non-Operating Revenues Interest Income $225,000 $227,000 $229,000 $231,000 Energy Incentives/Rebates $0 $0 $0 $0 Miscellaneous Revenue $42,000 $42,000 $42,000 $42,000 Subtotal Non-Operating Revenues $267,000 $269,000 $271,000 $273,000 Total Revenues $26,290,000 $26,807,000 $27,727,000 $28,545,000 O&M Expenses FY 2021 FY 2022 FY 2023 FY 2024 Water Supply Costs $3,079,010 $3,204,000 $3,334,000 $3,470,000 Operating Expenses $15,141,000 $15,566,000 $16,000,000 $16,445,000 Debt Service Existing Debt $3,899,551 $3,084,830 $3,078,528 $3,074,713 New/Proposed Debt $0 $231,906 $946,175 $946,175 Debt Service $3,899,551 $3,316,735 $4,024,703 $4,020,889 Total Expenses $22,119,561 $22,086,735 $23,358,703 $23,935,889 Net Cashflow $4,170,439 $4,720,265 $4,368,297 $4,609,111 East Valley Water District – Water and Wastewater Rate Study Page | 22 The proposed financial plan also includes debt financing through low-interest SRF loans (3% over 30 years) for funding the Plant 134 improvements and the new Eastside Treatment Plant. The first loan is expected in FY 2022 for the Plant 134 followed by the Eastside Treatment Plant loan in FY 2023. These debt instruments offer a means to finance system improvements over the useful life of the assets while providing inter- generational equity between existing customers and future customers that will both benefit from these improvements. Figure 8 identifies the operating position based on the proposed financial plan, and Figure 9 and Figure 10 show the capital plan with funding sources and projected ending reserve balances, respectively. Figure 8: Proposed Operating Position $0 $5 $10 $15 $20 $25 $30 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Operating Financial Plan Net Cashflow Projected Revenue Operating Expenses East Valley Water District – Water and Wastewater Rate Study Page | 23 Figure 9: Capital Improvement Plan with Funding Sources Figure 10: Proposed Ending Reserves $6.6 $9.6 $11.9 $13.1 $0 $2 $4 $6 $8 $10 $12 $14 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s Capital Funding Sources Debt Funded Rate/Reserve Funded Total CIP $0 $10 $20 $30 $40 $50 $60 $70 $80 FY 2021 FY 2022 FY 2023 FY 2024 Mi l l i o n s All Reserves Ending Balance Minimum Reserve Target Reserve East Valley Water District – Water and Wastewater Rate Study Page | 24 Cost of Service Analysis – Water Utility Cost of Service Process The next step in developing rates is to perform a cost of service analysis. It is important to understand how costs are incurred in order to determine the most appropriate way to recover these costs. The following graphic summarizes the cost of service process. Through this process costs incurred are allocated to customers and tiers based on their proportional share. As a result, proposed rates are cost-based and reflect the costs incurred to provide service to customers. Figure 11: Cost of Service Process Revenue Requirements With FY 2022 as the first year of the proposed rate schedule, revenue requirements are determined for FY 2022 and used for the cost of service. Revenue requirements include O&M expenses, debt service, available offsets from non-rate revenues, annual net income, and any mid-year adjustments if rates are implemented after the start of the fiscal year. Funding the capital plan and replenishing reserves to meet or exceed the minimum reserve requirement is achieved over the Rate Setting Period. Collectively, the proposed revenue adjustments and corresponding rates accumulate the necessary funding over the Rate Setting Period to fund the scheduled capital projects and comply with minimum reserve requirements. The results of the financial plan analysis are summarized in Table 14 and represent the revenue required from rates for FY 2022. Revenue Requirements Determine revenue needs of utility: - expenses - debt coverage - capital - and reserves Define Cost Components Develop Costs Components reflecting utility system’s incurred costs Allocate Expenses to Cost Components Allocate summarized expenses to Cost Components Develop Units of Service Distribution basis for the cost of service Allocate to customers Allocate cost components proportionate to units of service Build-up fixed charges and commodity rates to reflect cost of providing service Cost-Based Rates East Valley Water District – Water and Wastewater Rate Study Page | 25 Table 14: FY 2022 Revenue Requirements Revenue Requirements Total Purchased Water Costs Groundwater $2,223,000 Surface Water $122,000 State Water Project $859,000 Total Purchased Water Costs $3,204,000 Operating Expenses Board of Directors $185,000 General Administration $938,000 Human Resources $1,109,000 Public Affairs $1,194,000 Conservation $640,000 Finance $917,000 Information Technology $730,000 Customer Service $1,138,000 Meter Service $299,000 Engineering $1,111,000 Water Production - Admin $617,000 Water Production - Source of Supply $625,000 Water Production - Pumping $217,000 Water Production - Transmission & Distribution $461,000 Water Treatment $622,000 Water Quality - Source of Supply $284,000 Water Quality - Transmission & Distribution $210,000 Field Maintenance Administration $402,000 Water Maintenance $2,556,000 Facilities Maintenance - Admin $611,000 Facilities Maintenance - Source of Supply $55,000 Facilities Maintenance - Pumping $45,000 Facilities Maintenance - Treatment $138,000 Fleet Maintenance $462,000 Total Operating Expenses $15,566,000 Debt Service Existing Debt $3,084,830 New/Proposed Debt $231,906 Total Debt Service $3,316,735 Revenue Offsets Other Operating Revenues ($253,000) Non-Operating Revenues ($269,000) Total Revenue Offsets ($522,000) Adjustments Capital / Reserve Funding $4,720,265 Adjustment for Mid-Year Increase $515,000 Total Adjustments $5,235,265 Revenue Requirement from Rates $26,800,000 East Valley Water District – Water and Wastewater Rate Study Page | 26 Define Cost Components The utility incurs costs to accommodate total water demand, peak demands that vary throughout the year, days, and hours. Therefore, to determine the most appropriate way to recover the utility’s expenses, cost components are identified to allocate expenses based on how they are incurred. Through review of the revenue requirements and an understanding of the utility system, it is appropriate and reasonable to utilize the base-extra capacity methodology outlined in the American Water Works Association M1 Manual. This methodology accounts for utility systems costs as a function of meeting both total volume and peak use demands. As an example, if a utility’s average use and peak use were equivalent, the utility system could be sized solely to accommodate the average demand on the system. However, customer water usage peaks at different times of the day, such as, the morning when everyone wakes up, evenings when customers are home from work/school, and different times of the year as outdoor water needs fluctuate based on the weather. The cost components shown in Figure 12 reflect the cost components used for this study. Figure 12: Cost Components Account Services – Fixed expenses that do not necessarily fluctuate based on usage nor is a function of meter size. Customer call center, billing, and other expenses that are incurred based on having an account. Meter Capacity – Expenses associated with capital and administration of the system. Groundwater – Water supply costs incurred from wells. Surface Water – Water supply costs from shares in North Folk Water Company. State Water Project – Water supply costs from the purchase of State Water Project water. Delivery – Operating and capital expenses of the water system associated with serving customers at a constant average use or average daily demand. These costs tend to vary with the total water used. Peaking – Expenses incurred to meet customer peak demands in excess of average day usage. Water Efficiency – Expenses associated with education, conservation, and rebate programs. Account Services Groundwater Meter Capacity Delivery Peaking Water Efficiency Surface Water State Water Project East Valley Water District – Water and Wastewater Rate Study Page | 27 The analysis herein establishes cost components for developing fixed charges and utilizes the base-extra capacity method for developing budget-based commodity charges. Total volume and usage patterns of customers and tiers are analyzed to proportionately allocate expenses based on total usage and peak demands. Peak demand is a function of Max Day Demand (Max Day) and Max Hour Demand (Max Hour) placed on the system in comparison to Average Day Demand (Avg Day). The system is configured with distribution and transmission lines ranging in size from 2” diameter to 36” diameter. This system configuration provides fire flow demand inherent to a utility system and accounts for peak water demands generated by how customers use water in excess of Avg Day. Max Day is the maximum amount of water used in a single day of a calendar year, and Max Hour reflects the peak hourly use on the system in comparison to Avg Day. Allocate Expenses to Cost Components When allocating expenses to the defined costs components, it is important to have a sound basis as to why an expense was allocated to a certain fixed cost component versus a variable cost component or split between both fixed and variable. The distribution of expenses to the cost components should be straight-forward to ensure the method of apportionment is understandable and easily correlates to how expenses are incurred. A description of each expense category is identified below. Expense Categories: Board of Directors – Board of Director stipends, benefits, supplies, and contract services. General Administration – General and overhead costs, including personnel, contract services, memberships, supplies, and utilities. Human Resources – Oversees personnel related programs. Expenses include personnel, supplies, contract services, utilities, memberships, professional development, insurance, employee recognition, and OPEB. Public Affairs – Oversees internal and external communication programs. Expenses include personnel, supplies, utilities, and contract services. Conservation – Costs associated with sustainable water use, including personnel, supplies, and advertising. Finance – Oversees transparency and oversight of funds. Expenses include personnel, supplies, banking, utilities, and contract service. Information Technology – Costs associated with maintaining technology and software programs. Expenses include personnel, supplies, utilities, and contract service. Customer Service – Costs associated with customer relations and billing. Expenses including personnel, supplies, utilities, contract services, and postage. Meter Service – Oversees monthly meter reading, on-site customer meter-related requests, and customer service assistance. Expenses include personnel, supplies, utilities, and contract service. Engineering – Costs associated with the engineering department, including personnel, supplies, utilities, contract services, and permits. Water Production – Costs associated with groundwater production, broken out between divisions of “Admin”, “Source of Supply”, “Pumping”, and “Transmission & Distribution.” Water Treatment – Oversees the treatment of all water supplies. Expenses include personnel, supplies, and contract services. East Valley Water District – Water and Wastewater Rate Study Page | 28 Water Quality – Costs associated with testing water at sources and within the system. Costs are separated between divisions of “Source of Supply” and “Transmission & Distribution.” Field Maintenance Administration – Overhead expenses for field maintenance. Expenses include personnel, supplies, utilities, and memberships. Water Maintenance – Oversees the repair and replacement of the water system and all related equipment. Expenses include personnel, supplies, utilities, contract services, and street services. Facility Maintenance – Costs associated with maintaining facilities, broken out between divisions of “Admin”, “Source of Supply”, “Pumping”, and “Treatment.” Fleet Maintenance – Costs associated with the fleet department. Expenses include personnel, rentals, vehicles, tools, fuel, supplies, and contract services. Groundwater – Costs associated with groundwater assessment, electricity, and chemicals. Surface Water – Costs associated with assessments per share and treatment expenses. State Water Project – Purchased water costs and treatment expenses. System peaking characteristics are used to allocate costs to Avg Day (Delivery) and Max Day / Max Hour (collectively, Peaking). Avg Day is assigned a factor of 1.0 signifying no peaking demands. The Max Day and Max Hour factors shown in Table 15 are from the Water MP. A Max Day peaking factor of 1.8 means that the system delivers 1.8 times the average daily demand during a peak day. A Max Hour peaking factor of 2.72 means that the system delivers 2.72 times the average daily demand during peak hour. To determine the percentage allocations for Avg Day, Max Day, and Max Hour, the following calculations are used: Avg Day – 100% to Base (no peak) Max Day – Max Day peak factor is 1.8. Therefore, the base factor of 1.0 makes up 56% of the Max Day (1.0 / 1.8 = 0.56) and Max Day is 44% of demand. Max Hour – The Max Hour peak factor is 2.72. Therefore, the base factor of 1.0 makes up 37% of Max Hour (1.0 / 2.72 = 0.37), and the Max Day increment above Avg Day of 0.8 (1.8 - 1.0 = 0.8) makes up 29% of the Max Hour Demand (0.8 / 2.72 = 0.29). Therefore, the Max Hour increment equals the remainder of 34%. These peaking factors and corresponding allocations provide a means to spread costs incurred as a function of serving Max Day and Max Hour proportionately between Delivery and Peaking. Table 15 summarizes the percentage allocations when using Avg Day, Max Day, and Max Hour. Table 15: System Peaking Factors and Distribution Basis East Valley Water District – Water and Wastewater Rate Study Page | 29 Table 16 summarizes the percent allocation of water supply costs to the water supply cost components of Groundwater, Surface Water, and State Water Project. Table 17 reflects the dollars to each cost component based on the percent allocations in Table 16. Table 16: Water Supply Expense Allocation to Cost Components (%) Table 17: Water Supply Expense Allocation to Cost Components ($) Functionalized Expenses Methodology / Allocation Basis Groundwater Surface Water State Water Project Total Groundwater Specific 100.0% 0.0% 0.0% 100.0% Surface Water Specific 0.0% 100.0% 0.0% 100.0% State Water Project Specific 0.0%0.0%100.0%100.0% Functionalized Expenses Methodology / Allocation Basis Groundwater Surface Water State Water Project Total Groundwater Specific $2,223,000 $0 $0 $2,223,000 Surface Water Specific $0 $122,000 $0 $122,000 State Water Project Specific $0 $0 $859,000 $859,000 Total Allocation ($) $2,223,000 $122,000 $859,000 $3,204,000 East Valley Water District – Water and Wastewater Rate Study Page | 30 Table 18 summarizes the percent allocation of O&M Revenue Requirements to the cost components and Table 19 uses the percent allocations in Table 18 to allocate expenses in dollars to each cost component. Overhead costs were allocated to the fixed components of Account Service and Meter Capacity evenly (50%/50%), except for “Water Production – Admin” and “Facility Maintenance – Admin” as these two administrative expenses are specific to the water enterprise and are more associated with meters connected to the system. Table 18: O&M Expense Allocation to Cost Components (%) Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Board of Directors Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% General Administration Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% Human Resources Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% Public Affairs Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% Conservation Specific 0.0% 0.0% 100.0% 0.0% 0.0% 100.0% Finance Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% Information Technology Specific 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Customer Service Specific 50.0% 50.0% 0.0% 0.0% 0.0% 100.0% Meter Service Specific 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Engineering Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Water Production - Admin Specific 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Water Production - Source of Supply Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Water Production - Pumping Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Water Production - Transmission & Distribution Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Water Treatment Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Water Quality - Source of Supply Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Water Quality - Transmission & Distribution Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Field Maintenance Administration Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Water Maintenance Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Facilities Maintenance - Admin Specific 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Facilities Maintenance - Source of Supply Max Day 0.0% 0.0% 0.0% 55.6% 44.4% 100.0% Facilities Maintenance - Pumping Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Facilities Maintenance - Treatment Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Fleet Maintenance Max Hour 0.0%0.0%0.0%36.8%63.2%100.0% East Valley Water District – Water and Wastewater Rate Study Page | 31 Table 19: O&M Expense Allocation to Cost Components ($) For Debt, 50% is allocated to fixed costs recovery through Meter Capacity to ensure half of the debt payment is recovered through the fixed monthly metered charges and the remainder is recovered over variable rates. Table 20 shows the percent allocation of debt to the cost components and Table 21 shows the debt cost in dollars based on the percent allocation in Table 20. Table 20: Debt Expense Allocation to Cost Components (%) Table 21: Debt Expense Allocation to Cost Components ($) Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Board of Directors Specific $92,500 $92,500 $0 $0 $0 $185,000 General Administration Specific $469,000 $469,000 $0 $0 $0 $938,000 Human Resources Specific $554,500 $554,500 $0 $0 $0 $1,109,000 Public Affairs Specific $597,000 $597,000 $0 $0 $0 $1,194,000 Conservation Specific $0 $0 $640,000 $0 $0 $640,000 Finance Specific $458,500 $458,500 $0 $0 $0 $917,000 Information Technology Specific $0 $730,000 $0 $0 $0 $730,000 Customer Service Specific $569,000 $569,000 $0 $0 $0 $1,138,000 Meter Service Specific $0 $299,000 $0 $0 $0 $299,000 Engineering Max Hour $0 $0 $0 $408,456 $702,544 $1,111,000 Water Production - Admin Specific $0 $617,000 $0 $0 $0 $617,000 Water Production - Source of Supply Avg Day $0 $0 $0 $625,000 $0 $625,000 Water Production - Pumping Max Hour $0 $0 $0 $79,779 $137,221 $217,000 Water Production - Transmission & Distribution Max Hour $0 $0 $0 $169,485 $291,515 $461,000 Water Treatment Avg Day $0 $0 $0 $622,000 $0 $622,000 Water Quality - Source of Supply Avg Day $0 $0 $0 $284,000 $0 $284,000 Water Quality - Transmission & Distribution Max Hour $0 $0 $0 $77,206 $132,794 $210,000 Field Maintenance Administration Avg Day $0 $0 $0 $402,000 $0 $402,000 Water Maintenance Max Hour $0 $0 $0 $939,706 $1,616,294 $2,556,000 Facilities Maintenance - Admin Specific $0 $611,000 $0 $0 $0 $611,000 Facilities Maintenance - Source of Supply Max Day $0 $0 $0 $30,556 $24,444 $55,000 Facilities Maintenance - Pumping Max Hour $0 $0 $0 $16,544 $28,456 $45,000 Facilities Maintenance - Treatment Avg Day $0 $0 $0 $138,000 $0 $138,000 Fleet Maintenance Max Hour $0 $0 $0 $169,853 $292,147 $462,000 Total Allocation ($) $2,740,500 $4,997,500 $640,000 $3,962,585 $3,225,415 $15,566,000 Total Allocation (%)17.6%32.1%4.1%25.5%20.7%100.0% Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Existing Debt Specific 0.0% 50.0% 0.0% 50.0% 0.0% 100.0% New/Proposed Debt Specific 0.0% 50.0% 0.0% 50.0% 0.0% 100.0% Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Existing Debt Specific $0 $1,542,415 $0 $1,542,415 $0 $3,084,830 New/Proposed Debt Specific $0 $115,953 $0 $115,953 $0 $231,906 Total Allocation ($) $0 $1,658,368 $0 $1,658,368 $0 $3,316,735 East Valley Water District – Water and Wastewater Rate Study Page | 32 Other Funding includes revenue offsets from both Other Operating Revenues and Non-Operating Revenues, Capital / Reserve Funding, and Mid-Year Adjustments. Revenue offsets were allocated to the cost components based on O&M percentages derived in Table 19. For Capital / Reserve Funding and Mid-Year Adjustments, the water system’s current capital improvement plan through FY 2028 was used to allocate these two expenses. These expense line items will fund capital projects and a portion of reserves. The projected capital spending of the system provides a sound basis for allocating costs based on scheduled reinvestments in the system. Table 22 identifies the system planned capital spending to cost components and the corresponding percentage of the total value is then used in Table 23 cost allocations. Table 24 shows the Other Funding cost in dollars based on the percent allocation in Table 23. Table 22: Planned Capital Spending to Cost Components Table 23: Other Funding to Cost Components (%) Table 24: Other Funding Allocation to Cost Components ($) Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Storage Max Day 0.0% 0.0% 0.0% 55.6% 44.4% 100.0% Supply Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Pumping Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Treatment Max Day 0.0% 0.0% 0.0% 55.6% 44.4% 100.0% Transmission Max Day 0.0% 0.0% 0.0% 55.6% 44.4% 100.0% Distribution Max Hour 0.0% 0.0% 0.0% 36.8% 63.2% 100.0% Meters Specific 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Equipment Avg Day 0.0% 0.0% 0.0% 100.0% 0.0% 100.0% Storage Max Day $0 $0 $0 $6,222,222 $4,977,778 $11,200,000 Supply Avg Day $0 $0 $0 $9,160,000 $0 $9,160,000 Pumping Max Hour $0 $0 $0 $685,662 $1,179,338 $1,865,000 Treatment Max Day $0 $0 $0 $11,177,778 $8,942,222 $20,120,000 Transmission Max Day $0 $0 $0 $277,778 $222,222 $500,000 Distribution Max Hour $0 $0 $0 $606,618 $1,043,382 $1,650,000 Meters Specific $0 $1,410,000 $0 $0 $0 $1,410,000 Equipment Avg Day $0 $0 $0 $6,332,000 $0 $6,332,000 Total Allocation ($) $0 $1,410,000 $0 $34,462,057 $16,364,943 $52,237,000 Capital Allocation (%)0.0%2.7%0.0%66.0%31.3%100.0% Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Other Operating Revenues O&M 17.6% 32.1% 4.1% 25.5% 20.7% 100.0% Non-Operating Revenues O&M 17.6% 32.1% 4.1% 25.5% 20.7% 100.0% Capital / Reserve Funding Capital 0.0% 2.7% 0.0% 66.0% 31.3% 100.0% Adjustment for Mid-Year Increase Capital 0.0%2.7%0.0%66.0%31.3%100.0% Functionalized Expenses Methodology / Allocation Basis Account Services Meter Capacity Water Efficiency Delivery Peaking Total Other Operating Revenues O&M ($44,542) ($81,226) ($10,402) ($64,405) ($52,424) ($253,000) Non-Operating Revenues O&M ($47,359) ($86,363) ($11,060) ($68,478) ($55,739) ($269,000) Capital / Reserve Funding Capital $0 $127,411 $0 $3,114,077 $1,478,777 $4,720,265 Adjustment for Mid-Year Increase Capital $0 $13,901 $0 $339,758 $161,341 $515,000 Total Allocation ($)($91,902)($26,277)($21,462)$3,320,951 $1,531,954 $4,713,265 East Valley Water District – Water and Wastewater Rate Study Page | 33 Table 25 summarizes the total revenue requirement derived in Table 14 by cost component. Table 25: FY 2022 Cost of Service Requirements by Cost Component Functionalized Expenses Account Services Meter Capacity Groundwater Surface Water State Water Project Water Efficiency Delivery Peaking Total Purchased Water $0 $0 $2,223,000 $122,000 $859,000 $0 $0 $0 $3,204,000 Operations $2,740,500 $4,997,500 $0 $0 $0 $640,000 $3,962,585 $3,225,415 $15,566,000 Debt Service $0 $1,658,368 $0 $0 $0 $0 $1,658,368 $0 $3,316,735 Other Funding ($91,902) ($26,277) $0 $0 $0 ($21,462) $3,320,951 $1,531,954 $4,713,265 Total Allocation ($) $2,648,598 $6,629,591 $2,223,000 $122,000 $859,000 $618,538 $8,941,904 $4,757,369 $26,800,000 East Valley Water District – Water and Wastewater Rate Study Page | 34 Rate Design – Water Utility Develop Units of Service Unit rates for each cost component are derived by spreading the corresponding revenue requirements over appropriate units of service (distribution basis). This approach provides a clear connection between costs incurred and the proportionate share attributable to each tier and customer. When designing rates, the most critical component is to connect costs to the proposed rates, resulting in a rate structure that is cost-based and in compliance with Proposition 218. In the previous section, costs were summarized by expense category and allocated to cost components based on how each cost is incurred. The next step in designing rates is to allocate each cost component to customers in relation to their use of the system and facilities. The method of apportionment considers each customer’s share of system costs and is reflected by the units of service used to equitably distribute the cost components to each customer account. The distribution basis varies by cost component and include total accounts, Meter Equivalents (MEs) which reflects demand placed on system based on meter size, total water sales by tier, and peaking weighted by usage in each tier. In Table 26 each meter size was assigned an equivalency factor based on the flow characteristics of a 3/4” meter based on the safe maximum operating flow capacity by meter type, as identified in the AWWA M1 Manual, 6th Edition, Table B-2. The safe maximum operating flow capacity for each meter was divided by the base meters safe operating flow capacity of 30 gpm to determine the equivalent meter ratio. The Capacity Ratio represent the potential flow through each meter size compared to the flow through a 3/4” meter to establish parity between meter sizes. Total MEs are determined by multiplying the number of meters by the Capacity Ratio and then multiplying the result by 12 billing periods. Table 26 summarizes the units of service related to total Accounts and MEs. Table 26: Accounts and Meter Equivalents AWWA Capacity (gpm)Capacity Ratio Total Accounts Meter Equivalents [A] [B] = A / 30 [C] [D] = B x C 1 5/8" 20 0.67 4,202 2,801 2 3/4" 30 1.00 12,327 12,327 3 1" 50 1.67 4,175 6,958 4 1 1/2" 100 3.33 262 873 5 2" 160 5.33 287 1,531 6 3" 320 10.67 62 661 7 4" 500 16.67 22 367 8 6" 1,000 33.33 12 400 9 8" 2,800 93.33 11 1,027 10 Total 21,360 26,945 11 Annual Units of Service (Line 10 x 12 months)256,320 323,344 Line # Meter Size East Valley Water District – Water and Wastewater Rate Study Page | 35 Peaking factors must be calculated for each tier to derive the units of service. Customers are on budget-based rates, where each account receives unique water budget allotments for Tier 1 and Tier 2. Tier 1 is associated with indoor use (Indoor Water Budget or IWB) and Tier 2 is associated with irrigable area (Outdoor Water Budget or OWB); the two tiers combined is an account’s Total Water Budget (TWB). To determine the peaking factor for each tier, IWB are set to a peak of 1.0 as indoor use is not considered peaking and is within Avg Day. The average use per account for each tier is then compared to the average usage within Tier 1. Table 27 provides the peaking factors for each tier and Table 28 summarizes the usage-based units of service. Table 27: Peaking Factor by Tier Table 28: Total Usage by Tier and Weighted Peaking Factor Line #Tier Average Use Per Account [A] Peaking Factor [B] = A / 10.85 Tier 1 10.85 1.00 Tier 2 24.38 2.25 Tier 3 72.67 6.69 FY 2022 Projected Usage Peak Factor Weighted Peak [A] [B] [C] = A x B (ccf) Tier 1 3,686,194 1.00 3,686,194 Tier 2 2,409,300 2.25 5,412,155 Tier 3 1,085,938 6.69 7,270,094 Total Usage 7,181,432 16,368,444 Tier East Valley Water District – Water and Wastewater Rate Study Page | 36 With the units of service shown in Table 26 and Table 28, the distribution basis can be identified for each cost component. Figure 13 identifies the total revenue requirements by cost component from Table 25 and the corresponding units of service. Figure 13: Distribution Basis and Units of Service by Cost Component Using the FY 2022 revenue requirements, the cost of service allocates expenses to customers and tiers based on the service demands that each place on the system (cost causation). This ensures that each customer proportionately shares in the financial obligation of the utility. For the following unit rate computations for each cost component, unit rates were rounded up to the nearest penny. Fixed Cost Recovery Account Services Account Services costs are incurred by each customer regardless of the type of land use, meter size, or total amount of water used in a month. These costs should be spread equally across all accounts. This is achieved by using the distribution basis of Total Bills. Total Bills are determined by multiplying the number of accounts by 12 billing periods (Table 26, Line 11). Therefore, the revenue requirement for Account Services is apportioned based on the Total Bills to determine the monthly unit cost of service shown in Table 29. Table 29: FY 2022 Account Services Cost of Service Monthly Unit Rate Account Services Component - Unit Rate Revenue Requirement $2,648,598 ÷ Total Bills 256,320 Monthly Unit Rate per Account $10.34 Account Services Groundwater Meter Capacity Delivery Peaking Water Efficiency Surface Water State Water Project East Valley Water District – Water and Wastewater Rate Study Page | 37 Meter Capacity The Meter Capacity Component includes system-wide operations costs and a portion of capital. The revenue requirement for Meter Capacity is apportioned based on meter size. Larger sized meters can generate a greater demand on the system from the amount of potential water flow that may pass through the meter in gallons per minute (gpm). The revenue requirement for Meter Capacity is apportioned to meter size as represented by total MEs (Table 26, Line 11) in Table 30. Table 30: FY 2022 Meter Capacity Cost of Service Monthly Unit Rate Variable Cost Recovery The remaining cost components are recovered through the variable rates. The existing and proposed rate structure consists of a three-tiered budget-based rate structure. A budget-based rate structure is designed to connect the cost of delivering water to the unique water needs of each customer, while encouraging water efficiency. Budget-based tiered allotments define the purpose of each tier and the criteria used to derive each account’s water budget. Residential customers are on a three-tiered rate structure with budget-based allotments for indoor use and outdoor use. Non-residential customers’ budget-based rates are tied to a three- year rolling average of historical use for determining indoor budgets (90% of rolling average) and outdoor budgets (10% of rolling average). Irrigation accounts do not receive an indoor budget and are only provided an outdoor water budget based on the account’s irrigable area. Table 31 summarizes how water budgets are determined by type of account. Meter Capacity Component - Unit Rate Revenue Requirement $6,629,591 ÷ Meter Equivalents 323,344 Monthly Unit Rate per ME $20.51 East Valley Water District – Water and Wastewater Rate Study Page | 38 Table 31: Water Budget Allocations Account Type Water Budgets Water Budget Formulas2 Variance (V) Drought Factor (DF) Residential Tier 1 Budget = IWB Household Size x 55 gpcd x Units x Billing Days 748.05 IWB+VF - Tier 2 Budget = OWB Irrigable SF Area x ET0 x ETAF x 0.623 gallons 748.05 OWB+VF (OWB+VF) x DF Non-Residential Tier 1 Budget 3-year historical use x 90% - (TWB) x DF Tier 2 Budget 3-year historical use x 10% - Irrigation Tier 1 Budget N/A - - Tier 2 Budget = OWB Irrigable SF Area x ET0 x ETAF x 0.623 gallons 748.05 OWB+VF (OWB+VF) x DF Legend: Household Size: Number of persons per household. The District’s policy is to provide adequate water for health and safety needs and minimize customer complaints and requests for variances. As such the default values for a residential household is 4 persons per dwelling. Customers may file a variance request if Household Size is greater than 4 people. gpcd: Gallons per Capita per Day. Units: Residential dwelling units connected to the account. Billing Days: Number of days between meter reads. Irrigable SF Area: The irrigable area in square feet served by each account’s meter(s). ET0: Evapotranspiration is the sum of evaporation of water from the soil surface plus transpiration (water loss) from the plant/crop itself. ETo is the amount of water use by well-irrigated, mowed grass. ETAF: Evapotranspiration Adjustment Factor is a percentage of ETo based on the amount of water needed for turf during a given month. VF: Additional Water Budget provided to either IWB or OWD based on unique circumstances, which must be approved by the District. Indoor variances may include, but not limited to, additional persons per household, medical needs, and livestock. Outdoor variances may include, but not limited to pool, adjustment to ETAF based on type of crop. DF: Percent of Water Budgets during drought conditions. Default percentage is set to 100% during non- drought periods. 0.623: Conversion factor to determine volume in cubic feet of one inch of rain over one square foot. (1 inch = 0.0833 ft 0.0833x1ftx1ft = 0.0833ft3 0.083 ft3 x 7.48 gallons / ft3 = 0.623 gallons) The proposed rate structure is similar to the existing budget-based rate structure with a slight adjustment to the residential tier 1 indoor allotment. Tier 1 will now reflect 55 gpcd, down from 60 gpcd. This recommended adjustment is in-line with State AB 1668 and SB 6060 efficiency targets to achieve 55 gpcd by 2023. In addition, the indoor efficiency target is expected to continue to adjust down to 50 gpcd by 2030 and may be slowly incorporated within future rate studies. 2 The denominator of 748.05 is the number of gallons in one ccf of water and the denominator of 1,200 converts square foot inches to amount of water in ccf. East Valley Water District – Water and Wastewater Rate Study Page | 39 Water Supply The District receives water from three different sources. Table 32 calculates the unit rate for each source of water based on the revenue requirement and corresponding units of service. For Groundwater and State Water Project, the units of service directly correlate to the amount of water production from each source, after accounting for water loss of 8.3%. The District currently uses surface water from the Santa Ana River (available due to the District’s ownership of North Fork Water Company shares) for groundwater recharge rather than production. However, a stockholder assessment is still incurred based on shares owned and the shareholder assessment is recovered over total water sales. Table 32: Water Source Unit Rates With the two primary water sources of Groundwater and State Water Project to serve current water demand, a water supply unit rate must be determined for each tier that corresponds to the water source serving the usage within each tier. Table 33 summarizes the amount of water - by source - used to serve total water demand in each tier and the corresponding unit rate rounded up to the nearest penny. As shown, Tier 1 water usage can be served 100% by Groundwater, with the remaining amount of available groundwater used for Tier 2. However, Tier 2 usage exceeds the remaining amount of Groundwater available and State Water Project is required to cover the remaining usage in Tier 2. As such, Tier 3 usage is served 100% by State Water Project as no more Groundwater is available for Tier 3. Table 33: Water Supply Unit Rates by Tier Water Supply Units of Service (ccf) [A] Revenue Requirement [B] Unit Rate (ccf) [C] = B / A Groundwater 5,529,703 $2,223,000 $0.40 Surface Water 7,181,432 $122,000 $0.02 State Water Project 1,651,729 $859,000 $0.52 Groundwater [B] State Water Project [C] $0.40 $0.52 5,529,703 1,651,729 Tier 1 3,686,194 3,686,194 0 $1,481,890 $0.41 Tier 2 2,409,300 1,843,509 565,791 $1,035,356 $0.43 Tier 3 1,085,938 0 1,085,938 $564,754 $0.53 Total 7,181,432 5,529,703 1,651,729 $3,082,000 Projected Usage [A] Supply Cost [D] $0.40xB + $0.52xC Water Supply Unit Rate (ccf) [E] = D / AEffective Unit Cost ($/ccf) Available Supply (ccf) East Valley Water District – Water and Wastewater Rate Study Page | 40 Water Efficiency Water Efficiency revenue requirements are recovered over water usage in Tier 2 and Tier 3 as water efficiency programs and incentives are aimed to mitigate usage in Tiers 2 and 3. Therefore, as usage in these tiers change, the Water Efficiency revenue requirements adjust accordingly. Table 34 summarizes how Water Efficiency costs were allocated to tiers. Table 34: FY 2022 Water Efficiency Cost of Service Unit Rate by Tier Delivery Delivery costs are incurred based on the total volume of water produced and delivered to customers at a constant average demand throughout the year. Therefore, the revenue requirement for Delivery is apportioned based on projected total usage identified in Table 28 to determine the unit cost of service, irrespective of tier, as shown in Table 35. Table 35: FY 2022 Delivery Cost of Service Unit Rate by Customer Class Tiers Tier 2 and 3 Usage (ccf) [A] % Allocation [B] Revenue Requirement [C] Unit Rate (ccf) [D] = C / A Tier 2 2,409,300 68.9% $426,364 $0.18 Tier 3 1,085,938 31.1% $192,174 $0.18 3,495,238 100.0% $618,538 Tiers Projected Usage (ccf) [A] % Allocation [B] Revenue Requirement [C] Unit Rate (ccf) [D] = C / A Tier 1 3,686,194 51.3% $4,589,836 $1.25 Tier 2 2,409,300 33.5% $2,999,921 $1.25 Tier 3 1,085,938 15.1% $1,352,147 $1.25 7,181,432 100.0% $8,941,904 East Valley Water District – Water and Wastewater Rate Study Page | 41 Peaking Peaking costs are incurred not only based on the total volume of water produced and delivered but also as a function of the peaking characteristics of tiers. Therefore, the revenue requirement for Peaking is apportioned by weighting each tier’s peaking factor by total usage generating the peaking characteristic derived in Table 28. The revenue requirements allocated to each tier is shown in Table 36. Table 36: FY 2022 Peaking Cost of Service Unit Rate by Tier Tiers Projected Usage (ccf) [A] Peak Factor [B] Weighted Peaking [C] = A x B % Allocation [D] Revenue Requirement [E] Unit Rate (ccf) [F] = E / A Tier 1 3,686,194 1.00 3,686,194 22.5% $1,071,366 $0.30 Tier 2 2,409,300 2.25 5,412,155 33.1% $1,573,004 $0.66 Tier 3 1,085,938 6.69 7,270,094 44.4% $2,113,000 $1.95 7,181,432 16,368,444 100.0% $4,757,369 East Valley Water District – Water and Wastewater Rate Study Page | 42 Cost-Based Rates – Water Utility Proposed Monthly Fixed Charges The proposed monthly fixed charges for FY 2022 are shown in Table 37, reflecting the combined charges of Account Services and Meter Capacity. Meter Capacity charges increase with the size of the meter in relation to the Capacity Factors. Table 38 provides the three-year fixed charge schedule through FY 2024. For FY 2023 through FY 2024, the revenue adjustments are applied across-the-board to the cost of service rates derived for FY 2022 as account growth and usage characteristics are projected to remain constant for financial planning. Table 37: FY 2022 Monthly Fixed Charges Table 38: Proposed Monthly Fixed Charges Meter Size Account Services [A] Capacity Factor [B] Meter Capacity [C] Fixed Charges [D] = A + C 5/8"$10.34 0.67 $13.67 $24.01 3/4"$10.34 1.00 $20.51 $30.85 1"$10.34 1.67 $34.18 $44.52 1 1/2"$10.34 3.33 $68.35 $78.69 2"$10.34 5.33 $109.36 $119.70 3"$10.34 10.67 $218.71 $229.05 4"$10.34 16.67 $341.73 $352.07 6"$10.34 33.33 $683.45 $693.79 8"$10.34 93.33 $1,913.64 $1,923.98 Fixed Meter Charges ($/Month) Meter Size FY 2022 FY 2023 FY 2024 5/8" $24.01 $24.74 $25.49 3/4" $30.85 $31.78 $32.74 1" $44.52 $45.86 $47.24 1 1/2" $78.69 $81.06 $83.50 2" $119.70 $123.30 $127.00 3" $229.05 $235.93 $243.01 4" $352.07 $362.64 $373.52 6" $693.79 $714.61 $736.05 8"$1,923.98 $1,981.70 $2,041.16 East Valley Water District – Water and Wastewater Rate Study Page | 43 Proposed Variable Charges by Tier The proposed variable rates for FY 2022 are shown in Table 39 for each tier, reflecting the combined rates of Water Supply, Surface Water, Delivery, Peaking, and Conservation. Table 40 provides the three-year variable rate schedule through FY 2024. For FY 2023 through FY 2024, the revenue adjustments are applied across-the-board to the cost of service rates derived for FY 2022 as account growth and usage characteristics are projected to remain constant for financial planning. Table 39: FY 2022 Variable Rates by Tier Table 40: Proposed Variable Rates by Tier Tier Water Supply [A] Surface Water [B] Water Efficiency [C] Delivery [D] Peaking [E] Variable Rates (ccf) [F] = A+B+C+D+E Tier 1 $0.41 $0.02 $0.00 $1.25 $0.30 $1.98 Tier 2 $0.43 $0.02 $0.18 $1.25 $0.66 $2.54 Tier 3 $0.53 $0.02 $0.18 $1.25 $1.95 $3.93 Variable Rates ($/ccf) Tiered Rates FY 2022 FY 2023 FY 2024 Tier 1 $1.98 $2.04 $2.11 Tier 2 $2.54 $2.62 $2.70 Tier 3 $3.93 $4.05 $4.18 East Valley Water District – Water and Wastewater Rate Study Page | 44 Wastewater Utility Wastewater System The wastewater system serves an area of almost 18,000 acres, through 213 miles of pipeline, 4,400 manholes, 7 siphons, and 5 diversion structures. The collection system currently conveys wastewater flows to the City of San Bernardino Water Reclamation Plant for treatment; however, the District is building its own treatment plant, known as the Sterling Natural Resource Center. This study includes the estimated operational costs of the SNRC as well as an annual capital reinvestment appropriation. Figure 14: East Valley Water District Wastewater System In 2019, the District completed a Wastewater Master Plan (Wastewater MP) that identified existing system improvements, near term improvements through FY 2025, and build-out improvements after FY 2025 through FY 2040. Based on the Wastewater MP, the District requires over $50M in capital repair and replacement for the existing system. The District is looking to increase its collection system reinvestment to eventually equal the system’s asset depreciation, equal to approximately $823k. However, recovering the full depreciation amount as set aside capital funding would be a significant increase from its current cost recovery and the District has determined to recovery 65% of depreciation plus annual capital outlay. Figure 15 shows the District’s capital plan through FY 2024. Starting in FY 2027, the District will set aside $500k in funding for reinvestment into the SNRC. 213 miles of pipeline 18,000 acres Flow - 5.8 MGD 19,631 Accounts Wastewater System East Valley Water District – Water and Wastewater Rate Study Page | 45 Figure 15: Capital Improvement Plan Customers The District serves approximately 19,631 accounts, with over 90% of accounts classified as Residential. Table 41 provides a summary of accounts by customer class. Table 41: Accounts by Customer Class The current wastewater rate structure consists of monthly fixed charges and variable rates for Multi-Family and Non-Residential customers. Existing charges and rates are identified in Table 42. Single-Family 18,557 Multi-Family 464 Non-Residential 610 Total 19,631 Customer Class Number of Accounts East Valley Water District – Water and Wastewater Rate Study Page | 46 Table 42: FY 2021 Fixed Charges and Variable Rates East Valley Water District – Water and Wastewater Rate Study Page | 47 Financial Plan Overview – Wastewater Financial Planning Similar to the water utility, a financial plan was developed for the wastewater utility. As such, a comprehensive financial plan review for a wastewater utility includes the following: 1) Historical non-residential water sales, expected flows by customer class, flow return factors, and Inflow / Infiltration factors to determine an appropriate level of flow for projecting expenses. 2) Operational costs that may change over the planning period as a result of inflation as well any new expenditures incurred to meet strategic goals, State mandates, or changes in operations. 3) Multi-year system improvements and scheduling based on priority, including the new SNRC. This review also considers available funding sources to complete capital projects such as pay-as-you-go (PAYGO), grants, and debt financing. 4) Reserve funding to meet adopted reserve policies. The goal is to generate adequate cash on hand to mitigate financial risks related to operating cashflow needs, unexpected increases in expenses, shortages in system reinvestment, and mitigating potential system failures. Figure 4 illustrates the key elements when developing a long-term financial plan. Figure 16: Financial Plan Key Elements East Valley Water District – Water and Wastewater Rate Study Page | 48 Financial Planning Assumptions Developing a long-term financial plan requires an understanding of the utility’s financial position by evaluating existing revenue streams, ongoing expenses, how those expenses will change over time, existing debt requirements, new strategic objectives, and reserve policies. With these considerations, certain assumptions are required for projecting revenues, expenses, and expected ending fund balances. Table 43 identifies assumptions used for forecasting revenues and Table 44 identifies assumptions used for forecasting increases in expenses through FY 2024. In addition, the SNRC estimated operational costs are included as part of the wastewater O&M budget. Table 43: Assumptions for Forecasting Revenues Financial Inputs FY 2022 FY 2023 FY 2024 Account Growth 0% 0% 0% Flow Demand Increase 0% 0% 0% Interest earning 1.0% 1.0% 1.0% Non-Inflated 0% 0% 0% Multi-Family Water Use (ccf) 1,294,860 1,294,860 1,294,860 Non-Residential Water Use (ccf) 3 590,699 590,699 590,699 Table 44: Assumptions for Forecasting Expense Requirements 3 Non-Residential Water Use does not include usage from Patton State Hospital as they have a flow meter Key Assumptions Notes FY 2022 FY 2023 FY 2024 Expenditure Escalation Benefits 3.0% 3.0% 3.0% Capital Construction ENR 20-City 20-Year Average 3.2% 3.2% 3.2% Energy Costs 5.0% 5.0% 5.0% General Costs CPI - LA 20-Year Average 2.5% 2.5% 2.5% Non-Inflated 0.0% 0.0% 0.0% Salaries 3.0% 3.0% 3.0% Treatment 5.0% 5.0% 5.0% East Valley Water District – Water and Wastewater Rate Study Page | 49 Current Financial Position Revenues Based on the forecasting assumptions, revenues were calculated using existing wastewater rates and account data and Non-Residential water usage. Table 45 shows the calculated fixed rate revenues for FY 2021 through FY 2024 and Table 46 shows the calculated variable rate revenues. The detailed calculations can be found in the rate model on file with the District. Table 47 provides a summary of calculated rate revenues (rounded to thousands) and other non-rate revenues available through the Rate Setting Period. Table 45: Calculated Rate Revenues Fixed Revenues FY 2021 FY 2022 FY 2023 FY 2024 Collection Fixed Charge Single-Family (1 Unit) $3,321,078 $3,321,078 $3,321,078 $3,321,078 Single-Family (2 Units) $74,834 $74,834 $74,834 $74,834 Single-Family (3 Units) $24,515 $24,515 $24,515 $24,515 Multi-Family (4 or more units) $21,715 $21,715 $21,715 $21,715 Commercial / Retail $16,240 $16,240 $16,240 $16,240 Restaurants / Lounges $3,182 $3,182 $3,182 $3,182 Laundromats $328 $328 $328 $328 Dry Cleaners $140 $140 $140 $140 Schools $1,544 $1,544 $1,544 $1,544 Churches $2,153 $2,153 $2,153 $2,153 Governments / Municipal $655 $655 $655 $655 Convalescent Homes $749 $749 $749 $749 Hotels (with Restraurants) $47 $47 $47 $47 Office Buildings / Motels $1,076 $1,076 $1,076 $1,076 Auto Repair / Service Station $2,106 $2,106 $2,106 $2,106 Car Wash $281 $281 $281 $281 Total Collection Fixed Charge Revenue $3,470,643 $3,470,643 $3,470,643 $3,470,643 Treatment Fixed Charge Single-Family (1 Unit) $4,659,455 $4,659,455 $4,659,455 $4,659,455 Single-Family (2 Units) $209,983 $209,983 $209,983 $209,983 Single-Family (3 Units) $103,165 $103,165 $103,165 $103,165 Multi-Family (4 or more units) $10,969 $10,969 $10,969 $10,969 Commercial / Retail $14,657 $14,657 $14,657 $14,657 Restaurants / Lounges $2,872 $2,872 $2,872 $2,872 Laundromats $296 $296 $296 $296 Dry Cleaners $127 $127 $127 $127 Schools $1,394 $1,394 $1,394 $1,394 Churches $1,943 $1,943 $1,943 $1,943 Governments / Municipal $591 $591 $591 $591 Convalescent Homes $676 $676 $676 $676 Hotels (with Restraurants) $42 $42 $42 $42 Office Buildings / Motels $972 $972 $972 $972 Auto Repair / Service Station $1,901 $1,901 $1,901 $1,901 Car Wash $253 $253 $253 $253 Total Treatment Fixed Charge Revenue $5,009,297 $5,009,297 $5,009,297 $5,009,297 Fixed Rate Revenue $8,479,939 $8,479,939 $8,479,939 $8,479,939 East Valley Water District – Water and Wastewater Rate Study Page | 50 Table 46: Calculated Rate Revenues Variable Revenues FY 2021 FY 2022 FY 2023 FY 2024 Collection Variable Rate Revenue Multi-Family (4 or more units) $712,173 $712,173 $712,173 $712,173 Commercial / Retail $102,507 $102,507 $102,507 $102,507 Restaurants / Lounges $71,806 $71,806 $71,806 $71,806 Laundromats $14,120 $14,120 $14,120 $14,120 Dry Cleaners $325 $325 $325 $325 Schools $79,456 $79,456 $79,456 $79,456 Churches $14,338 $14,338 $14,338 $14,338 Governments / Municipal $4,790 $4,790 $4,790 $4,790 Convalescent Homes $15,272 $15,272 $15,272 $15,272 Hotels (with Restraurants) $2,107 $2,107 $2,107 $2,107 Office Buildings / Motels $9,028 $9,028 $9,028 $9,028 Auto Repair / Service Station $4,437 $4,437 $4,437 $4,437 Car Wash $6,683 $6,683 $6,683 $6,683 Total Collection Variable Rate Revenue $1,030,358 $1,030,358 $1,030,358 $1,030,358 Treatment Variable Rate Revenue Multi-Family (4 or more units) $1,981,136 $1,981,136 $1,981,136 $1,981,136 Commercial / Retail $475,259 $475,259 $475,259 $475,259 Restaurants / Lounges $428,224 $428,224 $428,224 $428,224 Laundromats $46,982 $46,982 $46,982 $46,982 Dry Cleaners $1,505 $1,505 $1,505 $1,505 Schools $192,138 $192,138 $192,138 $192,138 Churches $34,672 $34,672 $34,672 $34,672 Governments / Municipal $15,937 $15,937 $15,937 $15,937 Convalescent Homes $45,260 $45,260 $45,260 $45,260 Hotels (with Restraurants) $12,566 $12,566 $12,566 $12,566 Office Buildings / Motels $30,039 $30,039 $30,039 $30,039 Auto Repair / Service Station $12,746 $12,746 $12,746 $12,746 Car Wash $19,199 $19,199 $19,199 $19,199 Total Treatment Variable Rate Revenue $3,295,662 $3,295,662 $3,295,662 $3,295,662 Total Variable Rate Revenue $5,363,061 $5,363,061 $5,363,061 $5,363,061 East Valley Water District – Water and Wastewater Rate Study Page | 51 Table 47: Projected Wastewater Revenues Revenue Summary (Rounded to thousands)FY 2021 FY 2022 FY 2023 FY 2024 Rate Revenue Collection Fixed Charge $3,471,000 $3,471,000 $3,471,000 $3,471,000 Treatment Fixed Charge $5,009,000 $5,009,000 $5,009,000 $5,009,000 Collection Variable Rate Revenue $1,030,000 $1,030,000 $1,030,000 $1,030,000 Treatment Variable Rate Revenue $3,296,000 $3,296,000 $3,296,000 $3,296,000 Patton Direct Charges $235,542 $236,000 $236,000 $236,000 Subtotal Rate Revenue $13,041,542 $13,042,000 $13,042,000 $13,042,000 Other Revenues Other Operating Charge $195,000 $195,000 $195,000 $195,000 Interest Income $30,000 $35,000 $40,000 $45,000 Subtotal Other Revenues $225,000 $230,000 $235,000 $240,000 Other Treatment Plant Revenues LRP Revenue $0 $519,000 $1,038,000 $1,038,000 GW Replenishment Offset $0 $0 $396,000 $396,000 Onsite Power Offsets $0 $736,000 $3,679,000 $3,679,000 Other Operating Charges $0 $170,000 $171,000 $173,000 Investment Income $0 $26,000 $126,000 $111,000 Tipping Fees $0 $541,000 $1,352,000 $2,048,000 Subtotal Other Treatment Plant Revenues $0 $1,992,000 $6,762,000 $7,445,000 Total Wastewater Revenues $13,266,542 $15,264,000 $20,039,000 $20,727,000 East Valley Water District – Water and Wastewater Rate Study Page | 52 Expenses The FY 2021 budget was used as the baseline expenses of the utility and adjusted in subsequent years based on the escalation factors shown in Table 44. Table 48 provides projected Operational & Maintenance (O&M) costs through FY 2024 (rounded to thousands). Each expense category includes detailed line-item expenditures that were discussed with staff to determine the appropriate escalation factor to use for forecasting how costs will increase over time. Table 48: Projected O&M Expenses Operating Expenditures (rounded to thousands)FY 2021 FY 2022 FY 2023 FY 2024 Operating Expenses Board of Directors $77,100 $79,000 $82,000 $84,000 General Administration $389,400 $700,000 $721,000 $742,000 Human Resources $245,500 $252,000 $259,000 $266,000 Public Affairs $426,600 $438,000 $451,000 $463,000 Finance $381,300 $393,000 $404,000 $416,000 Information Technology $261,900 $269,000 $277,000 $284,000 Customer Service $399,100 $410,000 $422,000 $433,000 Engineering $463,200 $476,000 $490,000 $503,000 Field Maintenance Administration $43,400 $45,000 $46,000 $48,000 Wastewater Maintenance $803,000 $826,000 $849,000 $873,000 Contracted Wastewater Treatment $8,586,000 $0 $0 $0 Labor & Benefits $0 $1,964,000 $2,018,000 $2,073,000 Power Costs $0 $3,829,000 $3,830,000 $3,831,000 Solids / Residual Disposal $0 $949,000 $968,000 $987,000 Labatory Services $0 $100,000 $101,000 $102,000 Repairs & Maintenance $0 $771,000 $794,000 $818,000 Automation Control / Commun. $0 $115,000 $115,000 $115,000 Permits / Licenses $0 $125,000 $126,000 $128,000 Insurance $0 $250,000 $253,000 $255,000 Chemicals / Materials / Supplies $0 $909,000 $918,000 $927,000 Disconnect / Settlement JPA $0 $700,000 $700,000 $700,000 Other Operating Expenses $0 $557,000 $572,000 $587,000 Facilities Maintenance $197,500 $204,000 $211,000 $218,000 Fleet Maintenance $50,000 $51,000 $53,000 $54,000 Subtotal Operating Expenses $12,324,000 $14,412,000 $14,660,000 $14,907,000 Debt Service Existing Debt $268,477 $270,145 $6,802,968 $6,801,926 Subtotal Debt Service $268,477 $270,145 $6,802,968 $6,801,926 Total Expenses $12,592,477 $14,682,145 $21,462,968 $21,708,926 East Valley Water District – Water and Wastewater Rate Study Page | 53 Reserves Figure 17: Wastewater Utility Reserves Wastewater utility incorporates similar reserves as the water utility. These robust reserves help mitigate risks to the utility by ensuring sufficient cash is on hand for daily operations and to fund annual system improvements. In addition, these reserves help smooth rates and mitigate rate spikes due to emergencies or above-average system costs. The most recent adopted reserve policies identify the function of each reserve and Table 49 summarizes the minimum reserve requirements and the ideal funding targets of each reserve. Table 49: Reserve Requirements and Targets Reserve Minimum Requirement Reserve Target Operating 90 days of operating costs 120 days of operating costs Replacement $2.5M less Emergency Fund Capital needs for next 7 years Emergency 2.0% of Assets 2.0% of Assets Rate Stabilization 45 days of operating costs 60 days of operating costs The reserve balance as of July 1, 2020 equaled approximately $2.3M. East Valley Water District – Water and Wastewater Rate Study Page | 54 Financial Outlook at Existing Rates Calculating revenue using existing rates and projecting expenses helps determines the current financial health of the utility. Revenues from existing rates are sufficient to fund O&M through FY 2022; however, the increase in capital spending over the Rate Setting Period and the new SNRC treatment plant coming online will include additional expenses to fund. Only a portion of the system needs can be funded with projected net operating income resulting in the use of reserves to cover the remaining capital costs. Figure 18 illustrates the operating position of the utility, where O&M expenses are identified with the dashed red trendline and total revenues at existing rates are shown by the horizontal black trendline. Both revenues and expenses increase once the SNRC comes online. Expenses increase to account for the new operating costs of the treatment plant and revenues increase from the new revenue streams generated by the SNRC. The bars represent the amount of net operating income available. Figure 18: Current Operating Financial Position With new operating costs and an increase in capital reinvestment, reserves must all be reviewed to ensure the utility is meeting its reserve targets identified in Table 49. Figure 19 reflects the projected ending balances of reserves after operating and capital projects are funded through FY 2024. By FY 2024, reserves are below the minimum target. East Valley Water District – Water and Wastewater Rate Study Page | 55 Figure 19: Projected Ending Reserves at Existing Rates East Valley Water District – Water and Wastewater Rate Study Page | 56 Proposed Financial Plan – Wastewater From the financial outlook at existing rates, a proposed financial plan can be developed to adequately fund the multi-year revenue requirements, while satisfying debt covenants. Based on increases in operating costs from the new treatment plant and additional capital reinvestment, Table 50 forecasts projected revenues and expenses over the Rate Setting Period, including rate adjustments through FY 2024. Table 50: Proposed Financial Plan - Forecasted Revenues Revenue FY 2021 FY 2022 FY 2023 FY 2024 Revenue from Rates Collection Revenues $3,471,000 $3,471,000 $3,471,000 $3,471,000 Treatment Revenues $5,009,000 $5,009,000 $5,009,000 $5,009,000 Collection Variable Rate Revenue $1,030,000 $1,030,000 $1,030,000 $1,030,000 Treatment Variable Rate Revenue $3,296,000 $3,296,000 $3,296,000 $3,296,000 Patton Direct Charges $235,542 $236,000 $236,000 $236,000 Total Baseline Rate Revenue $13,041,542 $13,042,000 $13,042,000 $13,042,000 Additional Revenue (from revenue adjustments): Fiscal Year FY 2022 $1,565,000 $1,565,000 $1,565,000 FY 2023 $511,000 $1,022,000 FY 2024 $547,000 Total Additional Revenue $0 $1,565,000 $2,076,000 $3,134,000 Other Operating Revenues Other Operating Charge $195,000 $195,000 $195,000 $195,000 Interest Income $30,000 $35,000 $40,000 $45,000 Subtotal Other Operating Revenues $225,000 $230,000 $235,000 $240,000 Other Treatment Revenues LRP Revenue $0 $519,000 $1,038,000 $1,038,000 GW Replenishment Offset $0 $0 $396,000 $396,000 Onsite Power Offsets $0 $736,000 $3,679,000 $3,679,000 Other Operating Charges $0 $170,000 $171,000 $173,000 Investment Income $0 $26,000 $126,000 $111,000 Tipping Fees $0 $541,000 $1,352,000 $2,048,000 Subtotal Other Treatment Revenues $0 $1,992,000 $6,762,000 $7,445,000 Total Revenues $13,266,542 $16,829,000 $22,115,000 $23,861,000 Operating Expenditures (rounded to thousands)FY 2021 FY 2022 FY 2023 FY 2024 Operating Expenses $12,324,000 $14,412,000 $14,660,000 $14,907,000 Debt Service $268,477 $270,145 $6,802,968 $6,801,926 Total Expenses $12,592,477 $14,682,145 $21,462,968 $21,708,926 Net Cashflow $674,066 $2,146,855 $652,032 $2,152,074 East Valley Water District – Water and Wastewater Rate Study Page | 57 Figure 20 identifies the operating position based on the proposed financial plan, and Figure 21 and Figure 22 show the capital plan with funding sources and projected ending reserve balances, respectively. Figure 20: Proposed Operating Position Figure 21: Capital Improvement Plan with Funding Sources East Valley Water District – Water and Wastewater Rate Study Page | 58 Figure 22: Proposed Ending Reserves East Valley Water District – Water and Wastewater Rate Study Page | 59 Cost of Service Analysis – Wastewater Utility Cost of Service Process Similar to updating water rates, the next step in developing wastewater rates is to perform a cost of service analysis. Through this process, costs incurred are allocated to customer classes based on their proportional share. As a result, proposed rates are cost-based and reflect the costs incurred to provide service to customers. A key component of this study was to restructure wastewater rates to incorporate the District treating influent at the new SNRC. With the District treating its own sewage discharge with the construction of the SNRC, wastewater rates have been restructured to reflect the characteristics of the District and move away from San Bernardino treatment rates. Revenue Requirements FY 2022 revenue requirements were used for the cost of service analysis. Revenue requirements include O&M expenses, debt service, available revenue offsets, non-rate revenues, annual net income, and any mid- year adjustments if rates are implemented after the start of the fiscal year. The proposed revenue adjustments and corresponding rates accumulate the necessary funding over the Rate Setting Period to fund O&M, capital projects, and comply with minimum reserve requirements. The results of the financial plan analysis are summarized in Table 51 and represent the revenue required from rates for FY 2022. East Valley Water District – Water and Wastewater Rate Study Page | 60 Table 51: FY 2022 Wastewater Revenue Requirements Revenue Requirements Total Treatment Costs Labor & Benefits $1,964,000 Power Costs $3,829,000 Solids / Residual Disposal $949,000 Labatory Services $100,000 Repairs & Maintenance $771,000 Automation Control / Commun. $115,000 Permits / Licenses $125,000 Insurance $250,000 Chemicals / Materials / Supplies $909,000 Disconnect / Settlement JPA $700,000 Other Operating Expenses $557,000 Total Treatment Costs $10,269,000 District O&M Board of Directors $79,000 General Administration $700,000 Human Resources $252,000 Public Affairs $438,000 Finance $393,000 Information Technology $269,000 Customer Service $410,000 Engineering $476,000 Field Maintenance Administration $45,000 Wastewater Maintenance $826,000 Facilities Maintenance $204,000 Fleet Maintenance $51,000 Total District O&M $4,143,000 Total Debt Service $270,145 Revenue Offsets Other Operating Charge ($195,000) Interest Income ($35,000) LRP Revenue ($519,000) Onsite Power Offsets ($736,000) Other Operating Charges ($170,000) Investment Income ($26,000) Tipping Fees ($541,000) Total Revenue Offsets ($2,222,000) Adjustments Capital / Reserve Funding $2,146,855 Total Adjustments $2,146,855 Revenue Required from Rates $14,607,000 East Valley Water District – Water and Wastewater Rate Study Page | 61 Define Cost Components The District’s wastewater costs of service requirements were allocated to cost components and then to customers classes utilizing a cost causation approach endorsed by the Water Environment Federation (WEF) rate setting manual Financing and Charges for Wastewater Systems (MOP 27). The utility incurs costs to accommodate total flow demand and various strength concentrations of influent generated by different customer classes. Therefore, to determine the most appropriate way to recover the utility’s expenses, cost components are identified and used to allocate expenses based on how they are incurred. Through review of the revenue requirements and based on an understanding of the wastewater system and the new SNRC, the cost of service allocation documented in this report is based on total accounts, flow (volume influent in ccf), and the strength characteristics of the District’s customer classes. Strength loading factors for biological oxygen demand (BOD) and total suspended solids (TSS) are identified by customer class and based on the State Water Resource Control Board (SWRCB) Revenue Program Guidelines, Appendix G. Using this approach, revenue requirements are allocated to the different customer classes proportionate to their use of the wastewater system. The cost of service analysis accounts for system costs as a function of meeting both total volume of influent and the strength of influent from customers. The cost components shown in Figure 23 are used within the cost of service to allocate costs to customer classes in relation to the demand each place on the system. Figure 23: Cost Components Collection Fixed – Fixed expenses that do not necessarily fluctuate based on flow or strength concentrations associated with the collection system. Administration, engineering, and other overhead costs that are incurred based on having an account. In addition, existing collection system debt and portion of capital and reserves. Treatment Fixed – Fixed expenses that do not necessarily fluctuate based on flow or strength concentrations associated with the new SNRC. These costs include personnel costs, departmental expenses, and settlement payments to City of San Bernardino. Once the obligation to the City is settled, funding will go towards additional treatment plant repair and replacement. Collection Flow – Expenses associated with the District’s collection system. These costs include maintenance costs and system reinvestment. Treatment Flow – Expenses associated with the District’s SNRC. These costs include variable O&M costs, such as chemicals and power, and a portion of capital and reserves. BOD – Expenses incurred to treat BOD at the SNRC. TSS – Expenses incurred to treat TSS at the SNRC. Collection Fixed Treatment Fixed Collection Flow Treatment Flow BOD TSS East Valley Water District – Water and Wastewater Rate Study Page | 62 Allocate Expenses to Cost Components When allocating expenses to the defined costs components, it is important to have a sound basis as to why an expense was allocated to a certain fixed cost component versus a variable cost component or split between both fixed and variable. The distribution of expenses to the cost components should be straight-forward to ensure the method of apportionment is understandable and easily correlates to how expenses are incurred. A description of each expense category is identified below. Expense Categories: Wastewater Treatment – The estimated annual operating costs of the new SNRC, which includes, but not limited to personnel costs, power, chemicals, departmental expenses, and payments to the City. District O&M – Expenses associated with the District’s collection system. Debt – Outstanding loans and debt obligations. Currently, existing debt is associated with improvements to the collection system. State loans were secured for the construction of the SNRC and payments will commence a year after the SNRC is online. Revenue Offsets – Expenses Non-operating revenues as well as new revenue streams expected to be generated from the construction of the SNRC. These new revenue streams include, recycled water sales, groundwater replenishment credits, power offset credits, and tipping fees charged when accepting third- party sewage. Capital / Reserve Funding – Net income that may be used to fund capital reinvestment and build-up reserves. Table 52 summarizes the percent allocation of Treatment costs to the cost components. The percentages shown in Table 52 were based on discussions with District staff. Based on the District Engineer’s experience and direct knowledge with the SNRC, the treatment plant and associated costs are primarily a function of treating BOD and TSS. Based on the treatment plant processes, 20% of cost incurred is to move flow and 80% is associated with the actual treatment of BOD and TSS. Therefore, 20% is assigned to flow with 40% to both BOD and TSS. However, there are certain fixed costs associated with SNRC and are allocated to the cost Component – Treatment Fixed. Table 53 uses the percent allocations in Table 52 to allocate expenses in dollars to each cost component. East Valley Water District – Water and Wastewater Rate Study Page | 63 Table 52: Treatment Expense Allocation to Cost Components (%) Table 53: Treatment Expense Allocation to Cost Components ($) Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Labor & Benefits $1,964,000 $0 $0 $0 $0 $0 $1,964,000 Power Costs $0 $0 $0 $765,800 $1,531,600 $1,531,600 $3,829,000 Solids / Residual Disposal $0 $0 $0 $189,800 $379,600 $379,600 $949,000 Labatory Services $100,000 $0 $0 $0 $0 $0 $100,000 Repairs & Maintenance $0 $0 $0 $771,000 $0 $0 $771,000 Automation Control / Commun. $115,000 $0 $0 $0 $0 $0 $115,000 Permits / Licenses $125,000 $0 $0 $0 $0 $0 $125,000 Insurance $250,000 $0 $0 $0 $0 $0 $250,000 Chemicals / Materials / Supplies $0 $0 $0 $181,800 $363,600 $363,600 $909,000 Disconnect / Settlement JPA $700,000 $0 $0 $0 $0 $0 $700,000 Other Operating Expenses $557,000 $0 $0 $0 $0 $0 $557,000 Total Allocation ($) $3,811,000 $0 $0 $1,908,400 $2,274,800 $2,274,800 $10,269,000 Treatment Allocation (%) 37.1% 0.0% 0.0% 18.6% 22.2% 22.2% 100.0% East Valley Water District – Water and Wastewater Rate Study Page | 64 Table 54 summarizes the percent allocation of District O&M expenses to the related cost components and Table 55 uses the percent allocations in Table 54 to allocate expenses in dollars to each cost component. District central services, admin, customer service and engineering were allocated 100% to Collection Fixed and maintenance related expenses were allocated 100% to Collection Variable. Table 54: District O&M Expense Allocation to Cost Components (%) Table 55: District O&M Expense Allocation to Cost Components ($) Cost Components Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Board of Directors 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% General Administration 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Human Resources 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Public Affairs 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Finance 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Information Technology 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Customer Service 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Engineering 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Field Maintenance Administration 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Wastewater Maintenance 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Facilities Maintenance 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 100.0% Fleet Maintenance 0.0%0.0%100.0%0.0%0.0%0.0%100.0% Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Board of Directors $0 $79,000 $0 $0 $0 $0 $79,000 General Administration $0 $700,000 $0 $0 $0 $0 $700,000 Human Resources $0 $252,000 $0 $0 $0 $0 $252,000 Public Affairs $0 $438,000 $0 $0 $0 $0 $438,000 Finance $0 $393,000 $0 $0 $0 $0 $393,000 Information Technology $0 $269,000 $0 $0 $0 $0 $269,000 Customer Service $0 $410,000 $0 $0 $0 $0 $410,000 Engineering $0 $476,000 $0 $0 $0 $0 $476,000 Field Maintenance Administration $0 $45,000 $0 $0 $0 $0 $45,000 Wastewater Maintenance $0 $0 $826,000 $0 $0 $0 $826,000 Facilities Maintenance $0 $0 $204,000 $0 $0 $0 $204,000 Fleet Maintenance $0 $0 $51,000 $0 $0 $0 $51,000 Total Allocation ($) $0 $3,062,000 $1,081,000 $0 $0 $0 $4,143,000 Collection O&M Allocation (%)0.0%73.9%26.1%0.0%0.0%0.0%100.0% East Valley Water District – Water and Wastewater Rate Study Page | 65 With both treatment O&M costs and collection O&M costs allocated to the cost components, Table 56 combines total O&M costs and corresponding percentages of total O&M. Table 56: District O&M Costs - Treatment and Collection ($) Table 57 identifies 100% of existing debt allocated to Collection Fixed. Although new State loan debt obligations will come online after the SNRC is online, new revenues generated by the SNRC can offset the debt obligations. Table 58 reflects the debt expense in dollars to the corresponding cost component. Table 57: District Debt Allocation to Cost Components (%) Table 58: District Debt Allocation to Cost Components ($) Total O&M Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Treatment $3,811,000 $0 $0 $1,908,400 $2,274,800 $2,274,800 $10,269,000 Collection $0 $3,062,000 $1,081,000 $0 $0 $0 $4,143,000 Total O&M ($) $3,811,000 $3,062,000 $1,081,000 $1,908,400 $2,274,800 $2,274,800 $14,412,000 Total O&M (%)26.4%21.2%7.5%13.2%15.8%15.8%100.0% Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Existing Debt 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 100.0% Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Existing Debt $0 $270,145 $0 $0 $0 $0 $270,145 Total Allocation ($) $0 $270,145 $0 $0 $0 $0 $270,145 East Valley Water District – Water and Wastewater Rate Study Page | 66 Table 59 summarizes the percent allocation of District revenue offsets and capital / reserve funding. For general non-operating revenues, such as other operating charges and interest income, the percentages identified in Table 56 were used to allocate a portion to each cost component. The new revenue offsets generated by the SNRC are used to offset treatment related costs. The LRP Revenue (projected recycled water sales), and GW Replenishment (credits for groundwater recharge that expect to come online in FY 2023 and beyond) are a function of treating influent completely through the treatment plant. Therefore, those components were allocated based on the plant process configuration of 20%/40%/40%. Power Offsets, Other Operating Charges and Investment Income were allocated pro rata based the treatment operational costs identified in Table 53. Tipping Fees were split 50% / 50% to BOD and TSS because haulers connect directly to the system plant for discharging their tanks. Lastly, capital / reserve funding was allocated evenly between the fixed components and flow components for capital spending and reserve funding. Table 60 uses the percent allocations in Table 59 to allocate expenses in dollars to each cost component. Table 59: Revenue Offsets and Capital / Reserve Funding (%) Table 60: Revenue Offsets and Capital / Reserve Funding ($) Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Other Operating Charge 26.4% 21.2% 7.5% 13.2% 15.8% 15.8% 100.0% Interest Income 26.4% 21.2% 7.5% 13.2% 15.8% 15.8% 100.0% LRP Revenue 0.0% 0.0% 0.0% 20.0% 40.0% 40.0% 100.0% GW Replenishment Offset 0.0% 0.0% 0.0% 20.0% 40.0% 40.0% 100.0% Onsite Power Offsets 37.1% 0.0% 0.0% 18.6% 22.2% 22.2% 100.0% Other Operating Charges 26.4% 21.2% 7.5% 13.2% 15.8% 15.8% 100.0% Investment Income 26.4% 21.2% 7.5% 13.2% 15.8% 15.8% 100.0% Tipping Fees 0.0% 0.0% 0.0% 0.0% 50.0% 50.0% 100.0% Capital / Reserve Funding 25.0%25.0%25.0%25.0%0.0%0.0%100.0% Functionalized Expenses Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Other Operating Charge ($51,564) ($41,430) ($14,626) ($25,821) ($30,779) ($30,779) ($195,000) Interest Income ($9,255) ($7,436) ($2,625) ($4,635) ($5,524) ($5,524) ($35,000) LRP Revenue $0 $0 $0 ($103,800) ($207,600) ($207,600) ($519,000) GW Replenishment Offset $0 $0 $0 $0 $0 $0 $0 Onsite Power Offsets ($273,142) $0 $0 ($136,779) ($163,040) ($163,040) ($736,000) Other Operating Charges ($44,954) ($36,119) ($12,751) ($22,511) ($26,833) ($26,833) ($170,000) Investment Income ($6,875) ($5,524) ($1,950) ($3,443) ($4,104) ($4,104) ($26,000) Tipping Fees $0 $0 $0 $0 ($270,500) ($270,500) ($541,000) Capital / Reserve Funding $536,714 $536,714 $536,714 $536,714 $0 $0 $2,146,855 Total Allocation ($) $150,923 $446,205 $504,761 $239,725 ($708,380) ($708,380) ($75,145) East Valley Water District – Water and Wastewater Rate Study Page | 67 Table 61 summarizes the wastewater revenue requirements of the District for FY 2022. Table 61: FY 2022 Cost of Service Requirements Revenue Requirement Treatment Fixed Collection Fixed Collection Variable Treatment Flow BOD TSS Total Treatment Allocation $3,811,000 $0 $0 $1,908,400 $2,274,800 $2,274,800 $10,269,000 Collection O&M Allocation $0 $3,062,000 $1,081,000 $0 $0 $0 $4,143,000 Debt Service Allocation $0 $270,145 $0 $0 $0 $0 $270,145 Other Funding Allocation $150,923 $446,205 $504,761 $239,725 ($708,380) ($708,380) ($75,145) COS Requirement $3,961,923 $3,778,350 $1,585,761 $2,148,125 $1,566,420 $1,566,420 $14,607,000 East Valley Water District – Water and Wastewater Rate Study Page | 68 Rate Design – Wastewater Utility Develop Units of Service Residential customer flows were projected using expected indoor use for Single-Family and Multi-Family based on a gallons per capita per day (gpcd) basis. Single-Family persons per household (pph) was based on the Department of Finance E-5 report for 2020, reflecting 3.47 pph and Multi-Family was set 80% or 2.8 pph to account for the smaller size dwellings and households. Residential projected flows were based on 55 gpcd for indoor use with a 90% return factor (55 gpcd x 0.90 = 50 gpcd, rounded to the nearest whole number). The 10% reduction accounts for indoor water use that does not return to the collection system. Taking the product of the average household size, 50 gpcd, and number of residential units, results in total projected flows of 1.6M ccf and 0.71M ccf for Single-Family and Multi-Family, respectively, as shown in Table 62. Table 62: Residential Projected Flows Non-Residential customer flows were determined by estimating flow return factors for each type of non- residential customer class. To determine the appropriate flow return factors, we used the amount of total influent treated at the Wastewater Plant for FY 2020 and reduced the total treated flow by the projected amount from residential, less and infiltration/inflow (known as I/I, which is a measure of the amount of water that enters the collection system that is not sewage, such as stormwater or groundwater that infiltrates into the collection system). The remainder is the estimated amount generated by non-residential customers. Table 63 provides the calculations used to derive the amount of projected flow expected to be generated by non- residential customers. Assumptions Annual CCF [A][B][C] 1 Gallons per capita per day 50 gpcd 18,000 24.06 (A1 x B1) / 748.05 2 People per SFR household 3.47 pph 3.47 pph 3.47 pph 3 Number of SFR accounts 19,229 19,229 19,229 4 Single-Family Residential Flow 1,605,561 C1 x A2 x A3 5 People per MFR household 2.8 pph 2.8 pph 6 Number of MFR Units 10,654 10,654 7 Multi-Family Residential Flow 711,661 C1 x A5 x A6 8 Projected Residential Flow 2,317,222 C4 + C7 Residential Flow ProjectionsLine # Formula East Valley Water District – Water and Wastewater Rate Study Page | 69 Table 63: Non-Residential Projected Flows Total volume and flow patterns of customers are analyzed to proportionately allocate expenses based on total treated flow and to forecast project flows generated by each customer class. Residential customers’ projected flow is based on gallons per capita per day (gpcd) of indoor use by residential type (i.e., Single-Family and Multi-Family) and flow return factors are used to project flows from non-residential customers based on their water usage. With expected flows generated by non-residential customers from Table 63, a connection between non-residential water usage and generated flows is determined by identifying a return factor for each non-residential customer class. For Schools and Churches, a review of water usage throughout the year was analyzed as these customers have water connections that serve both indoor needs and outdoor irrigation. As a result, from our review of winter water use versus annual water use, it was determined to assign a return factor of 34.36% for schools and 55.74% for churches. This means a significant amount of these account’s water usage is associated with outdoor needs, such as fields, that does not contribute as influent to the treatment plant. In addition, Patton State Hospital has its flow metered and a return factor of 100% was assigned to this account because the Patton State Hospital is charged for each unit of metered flow as opposed to water usage. Based on the assignment of specific return factors for the three special cases, the remainder of commercial customers are assigned a return factor of 80% to account for water usage that does not return as influent. Applying the return factors to the non-residential water usage, identified in Table 64, generates a total projected flow of 500,618 ccf. The variance between projected flows using the return factors and the expected flow from Table 63 is less than 1% (501,085 / 500,618 – 1 = 0.09%). Besides the Patton State Hospital, wastewater flows are not metered and the comparison between treated flow at the plant versus estimated non-residential influent using return factors provides assurance that the projected non-residential flows used for FY 2022 and beyond are reasonable. Flow Assumptions CCF Total Flow to San Bernardino 2,966,639 Less: Inflow and Infiltration (I&I) 5.0% (148,332) Flow from Customers 2,818,307 Projected Residential Flow 2,317,222 Projected Non-Residential Flows 501,085 East Valley Water District – Water and Wastewater Rate Study Page | 70 Table 64: Non-Residential Flow Return Factors Customer Class Non-Residential Water Usage (ccf) [A] Return Factor [B] Projected Flow Return (ccf) [C] = A x B Commercial / Retail 186,376 80.00% 149,101 Restaurants / Lounges 130,556 80.00% 104,445 Laundromats 25,673 80.00% 20,538 Dry Cleaners 590 80.00% 472 Schools 144,465 34.36% 49,638 Churches 26,069 55.74% 14,531 Governments / Municipal 8,709 80.00% 6,967 Patton 100,341 100.00% 100,341 Convalescent Homes 27,767 80.00% 22,214 Hotels (with Restraurants) 3,831 80.00% 3,065 Office Buildings / Motels 16,415 80.00% 13,132 Auto Repair / Service Station 8,067 80.00% 6,454 Car Wash 12,151 80.00% 9,721 Total 691,010 500,618 East Valley Water District – Water and Wastewater Rate Study Page | 71 Unit rates for the cost components are derived by identifying the units of service for each cost component (distribution basis). The distribution basis varies by cost component and include total accounts/dwelling units (for Collection Fixed and Treatment Fixed), projected flow, weighted BOD, and weighted TSS. As part of allocating cost to each customer class, the District desires to move away from non-residential customer classes that were developed by the City of San Bernardino and establish three consolidated non-residential customer classes based on strength loading factors of Low Strength, Medium Strength, and High Strength. This will provide the District more flexibility with classifying new commercial uses based on the amount of demand and influent expected. Table 65 summarizes the units of service for each cost component by first identifying the flow and loading characteristics of each existing customer class and then consolidating the existing customer classes into the three new categories. Total projected water usage and projected flow were summed, and an average was used for BOD and TSS loading Factors, with a minimum Low Strength of 150ppm for BOD and TSS. Strength concentrations of each customer class are incorporated from the SWRCB and weighted by total flow in Million Gallons (MG) to develop BOD units of service (Weighted BOD) and TSS units of service (Weighted TSS). Table 65: Units of Service for Cost Components Non-Residential Customer Classes Number of Accounts Non-Residential Strength Class Non-Residential Water Usage / Flow (ccf) [A] Return Factor [B] Projected Flow Return (ccf) [C] = A x B BOD (ppm) TSS (ppm) Commercial / Retail 347 Low Strength 186,376 80.00% 149,101 150 150 Restaurants / Lounges 68 High Strength 130,556 80.00% 104,445 1,000 600 Laundromats 7 Medium Stregnth 25,673 80.00% 20,538 150 110 Dry Cleaners 3 Medium Stregnth 590 80.00% 472 450 240 Schools 33 Low Strength 144,465 34.36% 49,638 130 100 Churches 46 Low Strength 26,069 55.74% 14,531 130 100 Governments / Municipal 14 Low Strength 8,709 80.00% 6,967 130 80 Patton 1 Patton 100,341 100.00% 100,341 193 203 Convalescent Homes 16 Medium Stregnth 27,767 80.00% 22,214 250 100 Hotels (with Restraurants) 1 High Strength 3,831 80.00% 3,065 500 600 Office Buildings / Motels 23 Low Strength 16,415 80.00% 13,132 130 80 Auto Repair / Service Station 45 Medium Stregnth 8,067 80.00% 6,454 180 280 Car Wash 6 Low Strength 12,151 80.00% 9,721 20 150 Total 610 691,010 500,618 Projected Flow (ccf) BOD (ppm) TSS (ppm) Conversion Factor (ccf to MG) Weighted BOD Weighted TSS [A][B][C][D][E] = AxBxD [F] = AxCxD Single-Family 19,229 1,605,561 1,605,561 200 200 0.075% 240,208 240,208 Multi-Family 10,654 711,661 711,661 200 200 0.075% 106,472 106,472 Patton 1 Patton 100,341 100,341 193 203 0.075% 14,468 15,200 Non-Res - Low Strength 469 Low Strength 394,185 243,090 150 150 0.075% 27,277 27,277 Non-Res - Med Strength 71 Medium Strength 62,097 49,678 258 183 0.075% 9,569 6,782 Non-Res - High Strength 69 High Strength 134,387 107,510 750 600 0.075% 60,317 48,254 Total 30,493 - 3,008,231 2,817,840 458,310 444,191 Annual Units 365,916 3,008,231 2,817,840 - - - 458,310 444,191 Customer Class Units Non-Residential Strength Class Projected Flow / Non-Residential Water Usage (ccf) East Valley Water District – Water and Wastewater Rate Study Page | 72 With the units of service shown in Table 65, the distribution basis can be identified for each cost component. Figure 24 identifies the total revenue requirements by cost component from Table 61 and the corresponding units of service. Figure 24: Distribution Basis and Units of Service by Cost Component Allocate to Customer Class Using the FY 2022 revenue requirements, the cost of service allocates expenses to customer classes based on the service demands that each place on the system (cost causation). Using this approach provides a clear connection between costs incurred and the proportionate share attributable to each customer class. When designing rates, the most critical component is to connect costs to the proposed rates, resulting in a rate structure that is cost-based and in compliance with Proposition 218. In the previous section, costs were summarized by expense category and allocated to cost components based on how each cost is incurred. The next step in designing rates is to allocate each cost component to customers in relation to their use of the system and facilities. This ensures that each customer proportionately shares in the financial obligation of the wastewater utility. For the following unit rate computations for each cost component, unit rates were rounded up to the nearest penny. Fixed Cost Recovery Collection Fixed Collection Fixed costs are spread equally across all accounts / units. This is achieved by using the distribution basis of Total Units. Total Units are determined by multiplying the number of accounts / units by 12 billing periods (Table 65). Therefore, the revenue requirement for Collection Fixed is apportioned based on the Total Units to determine the monthly unit cost of service shown in Table 66. Collection Fixed Treatment Fixed Collection Flow Treatment Flow BOD TSS East Valley Water District – Water and Wastewater Rate Study Page | 73 Table 66: FY 2022 Collection Fixed – Cost of Service Monthly Unit Rate Treatment Fixed Treatment Fixed costs are spread equally across all accounts / units by using the distribution basis of Total Units. Therefore, the revenue requirement for Treatment Fixed is apportioned based on the Total Units to determine the monthly unit cost of service shown in Table 67. Table 67: FY 2022 Treatment Fixed – Cost of Service Monthly Unit Rate Collection Fixed Component - Unit Rate Revenue Requirement $3,778,350 ÷ Units 365,916 Monthly Unit Rate $10.33 Annual Units Single-Family 230,748 63.06% $2,382,642 Multi-Family 127,848 34.94% $1,320,124 Patton 12 0.00% $124 Non-Res - Low Strength 5,628 1.54% $58,113 Non-Res - Med Strength 852 0.23% $8,798 Non-Res - High Strength 828 0.23% $8,550 Total 365,916 100% $3,778,350 Customer Class % Allocation Revenue Requirement Treatment Fixed Component - Unit Rate Revenue Requirement $3,961,923 ÷ Units 365,916 Monthly Unit Rate $10.83 Annual Units Single-Family 230,748 63.06% $2,498,404 Multi-Family 127,848 34.94% $1,384,263 Patton 12 0.00% $130 Non-Res - Low Strength 5,628 1.54% $60,937 Non-Res - Med Strength 852 0.23% $9,225 Non-Res - High Strength 828 0.23% $8,965 Total 365,916 100% $3,961,923 Customer Class % Allocation Revenue Requirement East Valley Water District – Water and Wastewater Rate Study Page | 74 Variable Cost Recovery The remaining cost components are recovered based on total flow and strength characteristics of the utility’s customer base. Collection Variable The cost associated with maintenance of the collection system and a portion of capital reinvestment and reserve funding. Collection Variable is a function of total volume conveyed through the collection system and does not vary based on the type or strength concentration of influent. Therefore, the revenue requirement for Collection Variable is apportioned to each customer class based on their percentage of total Projected Flow as summarized within Table 68. Table 68: FY 2022 Collection Variable – Cost of Service by Customer Class Treatment Flow The cost associated with the total volume of influent treated at the plant. Treatment Flow is a function of total volume and does not vary based on the type or strength concentration of influent. Therefore, the revenue requirement for Treatment Flow is apportioned to each customer class based on their percentage of total projected flow into the treatment plant as summarized within Table 69. Customer Class Projected Flow (ccf)% Allocation Revenue Requirement Single-Family 1,605,561 56.98% $903,542 Multi-Family 711,661 25.26% $400,492 Patton 100,341 3.56% $56,467 Non-Res - Low Strength 243,090 8.63% $136,801 Non-Res - Med Strength 49,678 1.76% $27,956 Non-Res - High Strength 107,510 3.82% $60,502 Total 2,817,840 100% $1,585,761 East Valley Water District – Water and Wastewater Rate Study Page | 75 Table 69: FY 2022 Treatment Flow – Cost of Service by Customer Class BOD BOD costs relate to the treatment process of breaking down organic material in wastewater. Higher BOD strengths require increased costs and longer periods of treatment time to dilute the high levels of BOD prior to discharging effluent into waterways. Therefore, the revenue requirement for BOD is apportioned based on Weighted BOD for each customer class as shown in Table 70. Table 70: BOD Cost of Service by Customer Class TSS TSS costs relate to the treatment process of removing solids from wastewater through settling, screening, and filtering. Higher TSS strengths require increased costs and additional filtration to treat and remove the high levels of TSS prior to discharging effluent into waterways. Therefore, the revenue requirement for TSS is apportioned based on Weighted TSS for each customer class as shown in Table 71. Customer Class Projected Flow (ccf)% Allocation Revenue Requirement Single-Family 1,605,561 56.98% $1,223,968 Multi-Family 711,661 25.26% $542,521 Patton 100,341 3.56% $76,493 Non-Res - Low Strength 243,090 8.63% $185,315 Non-Res - Med Strength 49,678 1.76% $37,871 Non-Res - High Strength 107,510 3.82% $81,958 Total 2,817,840 100% $2,148,125 Customer Class Weighted BOD % Allocation Revenue Requirement Single-Family 240,208 52.41% $820,988 Multi-Family 106,472 23.23% $363,901 Patton 14,468 3.16% $49,448 Non-Res - Low Strength 27,277 5.95% $93,226 Non-Res - Med Strength 9,569 2.09% $32,705 Non-Res - High Strength 60,317 13.16% $206,152 Total 458,310 100% $1,566,420 East Valley Water District – Water and Wastewater Rate Study Page | 76 Table 71: TSS Cost of Service by Customer Class Collectively, the total allocation of costs associated with Collection Fixed, Treatment Fixed, Collection Variable, Treatment Flow, BOD, and TSS (Total Revenue Requirement) derives the cost of providing service to each customer class. However, given that residential customers exhibit a fairly constant amount of wastewater flows per month, the total residential Revenue Requirement may be recovered as flat monthly charges. For non-residential customer classes, commodity rates are derived for the variable components by dividing the total allocated cost by total water usage as wastewater flows are not metered (except for Patton State Hospital). Table 72 summarizes the combined Revenue Requirement by customer class. Table 73 and Table 74 derives the monthly flat rates for residential customer classes and fixed monthly charges for non-residential customers, respectively. Table 75 derives the variable rates for Non-Residential customer classes. Table 72: Revenue Requirement by Customer Class Customer Class Weighted TSS % Allocation Revenue Requirement Single-Family 240,208 54.08% $847,083 Multi-Family 106,472 23.97% $375,467 Patton 15,200 3.42% $53,601 Non-Res - Low Strength 27,277 6.14% $96,189 Non-Res - Med Strength 6,782 1.53% $23,916 Non-Res - High Strength 48,254 10.86% $170,164 Total 444,191 100% $1,566,420 Customer Class Collection Fixed Treatment Fixed Collection Variable Treatment Flow BOD TSS Total Single-Family $2,382,642 $2,498,404 $903,542 $1,223,968 $820,988 $847,083 $6,293,985 Multi-Family $1,320,124 $1,384,263 $400,492 $542,521 $363,901 $375,467 $3,066,644 Non-Residential Patton $124 $130 $56,467 $76,493 $49,448 $53,601 $236,139 Non-Res - Low Strength $58,113 $60,937 $136,801 $185,315 $93,226 $96,189 $572,468 Non-Res - Med Strength $8,798 $9,225 $27,956 $37,871 $32,705 $23,916 $131,674 Non-Res - High Strength $8,550 $8,965 $60,502 $81,958 $206,152 $170,164 $527,741 $3,778,350 $3,961,923 $1,585,761 $2,148,125 $1,566,420 $1,566,420 $14,607,000 East Valley Water District – Water and Wastewater Rate Study Page | 77 Table 73: Residential Flat Monthly Charges Table 74: Fixed Monthly Charges for Non-Residential Customer Classes Table 75: Variable Rates for Non-Residential Customer Classes Customer Class Annual Units [A] Collection (Fixed + Variable) [B] Treatment (Fixed + Flow + BOD + TSS) [C] Proposed Collection Charge [D] = B / A Proposed Treatment Charge [E] = C / A Total Proposed Residential Charge Residential Single-Family 230,748 $3,286,184 $5,390,443 $14.25 $23.37 $37.62 Multi-Family 127,848 $1,720,616 $2,666,151 $13.46 $20.86 $34.32 Customer Class Annual Units [A] Collection Fixed [B] Treatment Fixed [C] Total Fixed [D] = B + A Proposed Fixed Charge [E] = D / A Non-Residential Monthly Patton 12 $124 $130 $254 $21.16 Non-Res - Low Strength 5,628 $58,113 $60,937 $119,050 $21.16 Non-Res - Med Strength 852 $8,798 $9,225 $18,022 $21.16 Non-Res - High Strength 828 $8,550 $8,965 $17,515 $21.16 Customer Class Water Usage (ccf) [A] Collection Variable [B] Treatment Variable (Flow + BOD + TSS) [C] Proposed Collection Variable Rate [D] = B / A Proposed Treatment Variable Rate [E] = C / A Total Variable Rate [F] = D + E Non-Residential Per CCF Per CCF Per CCF Patton 100,341 $56,467 $179,542 $0.57 $1.79 $2.36 Non-Res - Low Strength 394,185 $136,801 $374,730 $0.35 $0.96 $1.31 Non-Res - Med Strength 62,097 $27,956 $94,492 $0.46 $1.53 $1.99 Non-Res - High Strength 134,387 $60,502 $458,274 $0.46 $3.42 $3.88 East Valley Water District – Water and Wastewater Rate Study Page | 78 Cost-Based Wastewater Rate Schedule Proposed Monthly Charges Table 76 provides the three-year wastewater rate schedule through FY 2024. For FY 2023 and FY 2024, the revenue adjustments are applied across-the-board to the cost of service rates derived for FY 2022 as account growth and usage characteristics are projected to remain constant for financial planning. Table 76: Proposed Wastewater Fixed Charges and Variable Rates Wastewater Rates Customer Class FY 2022 FY 2023 FY 2024 Fixed Charges Single-Family Residential $37.62 $40.26 $43.09 Multi-Family Residential $34.32 $36.74 $39.32 Non-Residential / Commercial $21.16 $22.65 $24.25 Variable Flow Rates (per ccf)0% 0% Patton $2.36 $2.53 $2.72 Low Strength $1.31 $1.41 $1.52 Medium Strength $1.99 $2.14 $2.30 High Strength $3.88 $4.16 $4.46 East Valley Water District Resolution 2021.07 Page 1 of 3 RESOLUTION 2021.07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING A SCHEDULE OF RATES AND CHARGES RELATED TO THE PROVISION OF WATER AND WASTEWATER SERVICE AND SUPERCEDING RESOLUTION 2019.19 WHEREAS, East Valley Water District (“District”) is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; and WHEREAS, pursuant to applicable law, including but not limited to Water Code Sections 31007 and 31025, the District’s Board of Directors is authorized to adopt by resolution such rates and charges for incidental services related to the provision of water service and wastewater service by the District to implement the rules and regulations set forth in District Ordinance No. 400 and 401, and to yield an amount sufficient to pay for the services provided to District ratepayers and the regulatory costs incurred by the District in providing those services; and WHEREAS, Ordinances 400 and 401 provide that Rates and Charges, may be changed from time to time or new rates and charges may be established by resolution of the Board of Directors; and WHEREAS, Section 21080(b) (8) of the Public Resources Code provides that the establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by public agencies are exempt from the requirements of the California Environmental Quality Act (CEQA) provided that certain findings are made specifying the basis for the claim of exemption; and WHEREAS, the District, in accordance with the requirements of Article XIIID of the Constitution of the State of California, has established rates and fees for property related services including water and wastewater treatment; and WHEREAS, the Board of Directors of the District deems it advisable and finds that it would be in the best interest of the District to amend or establish certain fees and charges, consistent with applicable constitutional and statutory requirements; and WHEREAS, Article XIIIC Section 1 of the Constitution of the State of California, excepts certain levies, fees and charges from the definition of “tax” thereby exempting such levies, fees and charges from the procedural requirements established by Article XIIID of the California Constitution; and WHEREAS, the District now wishes to establish fees and charges incidental and related to the provision of services for water and wastewater treatment, but which fees and charges are not for property related services as defined by Article XIIID of the Constitution of the State of California and which fees and charges may be established by resolution of the Board of Directors of the District; East Valley Water District Resolution 2021.07 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: Section 1. It is hereby found and determined that the proposed changes to the Schedule of Rates and Charges and Miscellaneous Fee Calculations are within the purposes set forth in Section 21080(b) of the Public Resources Code, and therefore, that such changes are exempt from CEQA. Section 2. It is hereby found and determined that the miscellaneous fees and charges established or increased/decreased hereby do not exceed the estimated reasonable cost of providing the service for which they are imposed and that said fees and charges do not constitute a tax pursuant to Article XIIIC Section 1(e) of the California Constitution. Section 3. The new fees and charges are set forth in the revised Schedule of Rates and Charges for Water and Wastewater as set forth in Exhibit “A” to this resolution and the User Fee Study dated May 12, 2021. Section 4. That the provisions of this Resolution shall be effective June 1, 2021. Section 5. That the Secretary is hereby ordered and directed to post a certified copy of this Resolution in a public place within the District. This Resolution shall take effect as of the 1st day of June 2021. ADOPTED this 12th day of May 2021. ROLL CALL: Ayes: Noes: Absent: Abstain: David E. Smith Board President East Valley Water District Resolution 2021.07 Page 3 of 3 ATTEST: John Mura Secretary, Board of Directors May 12, 2021 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2021.07 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held May 12, 2021. John Mura Secretary, Board of Directors East Valley Water District Resolution 2021.08 Page 1 of 4 RESOLUTION 2021.08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR THE PROVISION OF WATER AND WASTEWATER SERVICE AND SUPERCEDING RESOLUTION 2019.19 WHEREAS, East Valley Water District (“District”) is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; and WHEREAS, pursuant to applicable law, including but no limited to Water Code Sections 31024 and 31027, the District’s Board of Directors adopted Ordinances No. 400 and 401 establishing the rules and regulations for sewer and water services, respectively, by the District; and WHEREAS, pursuant to applicable law, including but not limited to Water Code Sections 31007 and 31025, the District’s Board of Directors is authorized to adopt by resolution such rates for the provision of water service and wastewater service by the District to implement the rules and regulations set forth in District Ordinance No. 400 and 401, and to yield an amount sufficient to pay the operating expenses of the District, provide for repairs and depreciation of works owned or operated by the District, pay the interest on any bonded debt, and, so far as possible, provide a fund for the payment of the principal of the bonded indebtedness as it becomes due, and WHEREAS, Ordinances 400 and 401 provide that Rates and Charges, may be changed from time to time or new rates and charges may be established by resolution of the Board of Directors; and WHEREAS, Section 21080(b) (8) of the Public Resources Code provides that the establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by public agencies are exempt from the requirements of the California Environmental Quality Act (CEQA) provided that certain findings are made specifying the basis for the claim of exemption; and WHEREAS, Article XIIIB of the Constitution of the State of California, limiting local agencies ‘appropriations of proceeds of taxes, excludes user charges or fees or regulatory fees from the definition of proceeds of taxes, as long as such fees and charges do not produce revenue exceeding the costs reasonably borne in providing the regulation, product or service, and further excludes appropriations for debt service and appropriations for qualified capital outlay projects from appropriations subject to limitation; and WHEREAS, the Board of Directors of the District deems it advisable and finds that it would be in the best interest of the District to amend or establish certain rates and charges, consistent with applicable constitutional and statutory requirements; and WHEREAS, Article XIIID of the Constitution of the State of California provides that, in imposing or increasing any property-related fee or charge (which term was held by the California Supreme Court in July, 2006, in the case Bighorn-Desert View Water Agency vs. Virjil, to include East Valley Water District Resolution 2021.08 Page 2 of 4 charges for water delivery), an agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount basis of calculating, and reason for such proposed fee or charge, and the date, time, and location of a public hearing on the proposed fee or charge to be conducted not less than 45 days after the mailing of said notice, and Government Code Section 53755 provides for such notice to be given by mailing to the address where billing statements are customarily sent by the District; and WHEREAS, said mailed notice was given, setting Wednesday, May 12, 2021, at the hour of 5:30 p.m. of said day in the Board of Directors Room of the District, 31111 Greenspot Road, Highland, California, as the time and place for a public hearing on the proposed increases in water rates and charges and any proposed new property-related rates and charges set forth in Exhibit “A” to this resolution; and WHEREAS, at the time set, the duly noticed public hearing was held and all persons interested were given an opportunity to be heard concerning the increases in property-related rates and charges and any proposed new property-related rates and charges; and WHEREAS, this Board of Directors has considered all protests presented to the District by owners of identified parcels against the proposed increases in property-related rates and charges and any proposed new property-related rates and charges; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: Section 1. It is hereby found and determined that the number of written protests presented to the District against the proposed increases in property-related rates and charges and any proposed new property-related rates and charges has been tabulated and does not constitute a majority of the number of owners of identified parcels. Section 2. It is hereby found and determined that the proposed changes to the Schedule of Rates and Charges are within the purposes set forth in Section 21080(b) of the Public Resources Code including but not by way of limitation, the purposes of (1) meeting operating expenses, (2) purchasing or leasing supplies, equipment or materials, (3) meeting financial reserve needs and requirements, and (4) obtaining funds for capital projects necessary to maintain service within existing areas, and therefore, that such changes are exempt from CEQA. Section 3. It is hereby found and determined that the rates and charges of the District are imposed on the basis of demand as determined by measurements including water metering and meter size, acreage or other demand-generation characteristics of properties requesting connection, and cost of service restoration, inspection and other services provided for all fees; that such rates, charges and fees are imposed upon the request for or use of services; and that the water user charges satisfy the criteria and requirements of Water Code Section 370 et seq. relating to allocation-based conservation water pricing. Section 4. It is hereby found and determined that relative to Article XIIIB of the Constitution of the State of California, the user charges and fees and regulatory fees established or increased hereby do not produce revenues exceeding the costs reasonably borne in providing the East Valley Water District Resolution 2021.08 Page 3 of 4 regulation, product or service and/or are used for debt service or qualified capital outlay projects and accordingly do not constitute proceeds of taxes, the appropriation of which is limited under Article XIIIB, and that the documentation used in making such determinations has been on file in the office of the District for not less than 10 days prior to the days prior to the date hereof, pursuant to Section 7910 of the Government Code of the State of California. Section 5. The new and/or revised rate(s), fee(s) and/or charge(s) as set forth in Exhibit “A” attached to this resolution and by this reference incorporated herein are hereby adopted in conformity with the authority set forth in Section 13.01 of Ordinance 400 and Section 14.01 of Ordinance 401, and the corresponding rate(s), fee(s) or charges(s), if any, as set forth in Ordinances 400 and 401 currently in effect, are hereby superseded and Resolution 2019.19 is hereby rescinded. Staff is directed to incorporate the hereby adopted new and/or revised rate(s), fee(s) and/or charge(s) into Exhibit “A” attached hereto. Section 6. That the provisions of this Resolution shall be effective January 1, 2022. Section 7. That the Secretary is hereby ordered and directed to post a certified copy of this Resolution in a public place within the District. This Resolution shall take effect as of the 1st day of January 2022. ADOPTED this 12th day of May 2021. ROLL CALL: Ayes: Noes: Absent: Abstain: David E. Smith Board President East Valley Water District Resolution 2021.08 Page 4 of 4 ATTEST: John Mura Secretary, Board of Directors May 12, 2021 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2021.07 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held May 12, 2021. John Mura Secretary, Board of Directors EXHIBIT “A” EAST VALLEY WATER DISTRICT SCHEDULE OF WATER AND WASTEWATER RATES AND CHARGES UPDATED JULY 1, 2020MAY 12, 2021 (Reflecting updated capacity fees) i Table of Contents Section 1: Water Service Charges ............................................................. 1  Monthly Water System Charge ............................................................... 1  Commodity Charges: Potable Water ....................................................... 1  Private Fire Protection Service ............................................................. 2  1. Commercial Standby Charge ........................................................... 2  2. Fire Hydrant Flow Test Fee (per fire hydrant) ...................................... 3  Temporary Water Service Connection ..................................................... 4  Monthly Service Charge ..................................................................... 4  1. Commodity Charge ....................................................................... 4  2. Meter Deposit ............................................................................. 4  3. Meter Availability (for reading) ........................................................ 4  4. Unauthorized Use of Water Charge ................................................... 4  New Account Fees for Water Services ..................................................... 5  1. Security Deposit .......................................................................... 5  2. Service Initiation Charge ................................................................ 5  Miscellaneous Water Service Charges and Fees ......................................... 5  1. AMI Opt-Out Fee ......................................................................... 5  2. Delinquency Charge ..................................................................... 5  3. Disconnection Notice Charge ........................................................... 5  4. Meter Test Charge ....................................................................... 5  5. Returned Payment Fee .................................................................. 5  6. Service Reconnect Charge (after hours) .............................................. 6  7. Service Reconnect Charge (business hours) .......................................... 6  Cross-Connection Control .................................................................... 7  1. Backflow Installation Fee ............................................................... 7  2. Backflow Inspection Fee (per inspection) ............................................ 7  3. Initial Backflow Compliance Test (per device) ...................................... 7  4. Backflow Annual Administration Fee (per device) .................................. 7  ii 5. Annual Backflow Compliance Test (per device) ..................................... 7  Section 2: Wastewater Service Charges .................................................... 9  Monthly Wastewater Charge - Current ..................................................... 9  Collection Charges ........................................................................... 9  Treatment Charges .......................................................................... 10  Wastewater Charge - SNRC ................................................................. 12  Section 3: Developer Services ............................................................... 14  Water Capacity and Connection Fees .................................................... 14  Water Capacity Fees ......................................................................... 14  Water Connection Fees ...................................................................... 14  Service Installation Benchmark Costs ..................................................... 15  Wastewater Connection Fees .............................................................. 16  Fire Service Connection Charges ......................................................... 16  Developer Services’ Charges and Fees .................................................. 17  1. Availability Letter ....................................................................... 17  2. Construction Inspection Charge (per day or actual cost) ......................... 17  3. Development Agreement (per agreement or actual cost) ........................ 17  4. Development and Engineering Research Fee ($95 per hr; 4-hr min) ........... 17  5. Development Meeting Fee ............................................................. 17  6. Easement/Quitclaim Processing (per easement) .................................. 18  7. Fire Hydrant Installation Charge (actual cost or 5% of estimate) ............... 18  8. General Water/Sewer Service Inquiry ............................................... 18  9. New Construction Chlorination and Flushing Fee ($355 min to actual cost) .. 18  10. Sewer Manhole and Valve Can Deposit .............................................. 18  11. Special Facility Charge ................................................................. 19  12. Water Main Extension Charge ......................................................... 19  13. Water Quality Sampling Fee (per sample) .......................................... 19  14. Water/Sewer Plan Checking Fee (per sheet) ....................................... 19  15. Water System Design Charge .......................................................... 20  16. Will Serve Letter ........................................................................ 20  iii History of Revisions ............................................................................. 22  1 Cost of Service Analysis User Fee Study Section 1: Water Service Charges Monthly Water System Charge The water system charge is the monthly availability charge applicable to all metered water services, and shall apply whether or not premises served by the meter are occupied. The charges, which vary by meter size, are established at the amounts listed in the table below. 7/1/2016 1/1/2022 1/1/2023 1/1/2024 5/8" 23.06$ 24.01$ 24.74$ 25.49$ 3/4" 29.27$ 30.85$ 31.78$ 32.74$ 1" 41.71$ 44.52$ 45.86$ 47.24$ 1 1/2" 72.81$ 78.69$ 81.06$ 83.50$ 2" 110.13$ 119.70$ 123.30$ 127.00$ 3" 228.30$ 229.05$ 235.93$ 243.01$ 4" 402.44$ 352.07$ 362.64$ 373.52$ 6" 819.14$ 693.79$ 714.61$ 736.05$ 8" 1,503.28$ 1,923.98$ 1,981.70$ 2,041.16$ METER SIZE RATE EFFECTIVE DATE Commodity Charges: Potable Water Commodity Charges are billed on a per unit basis for water consumption registered by the water service meter. One unit is 100 cubic feet (HCF) of water, which is equal to 748 gallons. TIERS 1/1/2020 1/1/2022 1/1/2023 1/1/2024 Tier 1 - Indoor Use $ 1.83 $ 1.98 $ 2.04 $ 2.11 Tier 2 - Outdoor Use $ 2.61 $ 2.54 $ 2.62 $ 2.70 Tier 3 - Inefficient Use $ 3.64 $ 3.93 $ 4.05 $ 4.18 RATE EFFECTIVE DATE 2 Cost of Service Analysis User Fee Study The District has three price tiers with increasing rates per unit. The number of units a customer is billed in each tier is determined by their unique water budget. See Section 10 of the District’s Water Regulation and Service Ordinance for an explanation of water budgets. MWD Surcharge The MWD surcharge rate (per hundred cubic feet) for all customer types is as follows EFFECTIVE 6/1/2015 Rate per HCF $0.00 The MWD Surcharge Rate represents increased costs associated with water imported from the State Water Project. The charge to the District for State Water Project imported water is established by the San Bernardino Valley Municipal Water District. Since the District has no control over the adoption or imposition of MWD water charges, imposed through San Bernardino Valley Municipal Water District for the delivery of imported water to the District, EVWD may pass-through, for a 5-year period beginning June 1, 2015 any increases in the cost of MWD imported water imposed by the San Bernardino Valley Municipal Water District. Private Fire Protection Service 1. Commercial Standby Charge The fire service standby charge is the monthly charge assessed per inch diameter of the District fire service meter. Water use through this service is limited to emergency fire requirements only. 3 Cost of Service Analysis User Fee Study RATE EFFECTIVE DATE 7/1/2016 1" 8.78$ 1 1/2" 13.18$ 2" 17.57$ 3" 26.35$ 4" 35.14$ 6" 52.70$ 8" 70.27$ 10" 87.84$ METER SIZE 2. Fire Hydrant Flow Testing Fee (per fire hydrant) The fire flow test charge is a flat rate established 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. The District will charge a one-time fee of $100.00$270 to administer fire flow tests. 4 Cost of Service Analysis User Fee Study Temporary Water Service Connection A temporary service is available through the use of a fire hydrant. A customer deposit for the temporary service will be required, and all other applicable service charges shall apply. Monthly Service Charge Refer to the schedule of Monthly Water System Charges for three inch (3”) meters. 1. Commodity Charge Commodity charges for temporary services shall be billed at the Tier 3 rates based on the Potable Water Commodity Rates. When available, and feasible, recycled water shall be used for temporary construction uses. The Commodity Charge shall be as follows: AREA RATE / 100 CUBIC FEET Potable Tier 3 Rate 2. Meter Deposit A deposit equal to the replacement cost of the construction meter shall be collected at the time of service application. Currently, the replacement cost is estimated to be $1,800.00$2,700. The deposit will be applied to the closing bill and any remaining amount refunded to the customer. Lost meters will result in forfeiture of the deposit. 3. Temporary Service Meter Availability Charge (for reading) If a hydrant/construction meter is not available for a monthly reading as prescribed by the District, a fee of $100 will be charged for each month the meter is not read in order to cover the cost of correcting billing records. 3.4. 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 where this tampering shall affect the accuracy of such meter. The unauthorized use of water charge is hereby established at the rate of $500.00 for a first occurrence and $1,000.00 for each subsequent occurrence. 5 Cost of Service Analysis User Fee Study New Account Fees for Water Services The following fees are applicable to all requests for new service, or transfer of an existing account to a new location: 1. Security Deposit A deposit of $150.00 will be required until a one-year payment history, with fewer than two delinquencies, has been established. The deposit insures payment of minimum District charges. 2. Service Initiation Charge The service initiation charge is a non-refundable charge of $30.00$35 per account, which covers the reasonable District costs for initiating water service. Miscellaneous Water Service Charges and Fees 1. AMI Opt-Out Fee This fee covers the cost to manually read the meter and will be charged when a customer requests to Opt-Out; that the District not install an Automated Metering Infrastructure (AMI) meter information unit to serve their property. 2. Delinquency Charge 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 ½%) on all amounts that remain unpaid at the end of each billing cycle. 3. Disconnection 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. 4. 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. 5. Returned Payment ChargeFee A returned check payment charge is a charge which covers the reasonable administrative cost and banking charges for processing a returned check., or to respond to a disputed charge where a payment card was fraudulently used to make 6 Cost of Service Analysis User Fee Study payment on an account. 6. Service Reconnect Charge (after hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during non-business hours, of service connections which are in violation of the provisions contained herein. 7. Service Reconnect Charge (business hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during regular business hours, of service connections which are in violation of the provisions contained herein. Summary of charges/fees for Miscellaneous Water Service: CHARGE OR FEE NAME CHARGE/FEE AMI Opt-Out Fee $47 (per month) Delinquency Charge 1.5% Disconnection Notice Charge $23.00 $30 Fire Hydrant Flow Test Fee $100.00 $270 (per fire hydrant) Meter Deposit $1,800.00 $2,700 Meter Test Charge $75.00 $65 Returned Payment Charge Fee $20.00 $25 Service Initiation Charge $30 $35 (per account) Service Reconnect Charge (after hours) $150 Service Reconnect Charge (business hours) $50 Temporary Service Meter Availability Charge (for reading)$100 Unauthorized Use of Water Charge $500 (first occurrence) Unauthorized Use of Water Charge $1,000 (each subsequent occurrence) 7 Cost of Service Analysis User Fee Study Cross-Connection Control In order to prevent water from flowing backward into the District’s water distribution system, a backflow device must be installed by all commercial/irrigation and multi- family customers with four (4) or more units serviced. All backflow devices must be inspected upon installation and tested annually for compliance. Compliance testing may be performed by a certified backflow tester and results shall be submitted to the District. Installation of new backflow prevention assemblies are typically completed by the owner’s contractor, if District staff performs the installation, it will be billed at actual cost. 1. Backflow Device Installation Fee The charge for installation will be based on actual cost to the customer, and will be billed accordingly. 2. Backflow Inspection Fee (per inspection) A fee of $80.00$145 will be charged for each standard backflow inspection of newly installed backflow prevention devices, in accordance with District Standards, and inspected by District staff. 3. Initial Backflow Compliance Test (per device) A fee of $60 will be charged to the customer for the initial backflow compliance test is performed by certified District staff. 4. Backflow Device Annual Administration Fee (per device) The District shall appoint at least one person trained in cross-connection control to administer and ensure all District standards are met. This backflow device annual administration fee will be assessed annually. 5. Annual Backflow Compliance Test (per device) A fee of $5 per month will be charged to the customer when the annual backflow compliance test is performed by certified District staff. The customer will only be billed as a $60 lump sum when District standards regarding the inspection, testing, and maintenance of customer-owned backflow assemblies are not followed. See Section 9 of the District’s Water Regulation and Service Ordinance for an explanation of Inspection, Testing and Maintenance. 8 Cost of Service Analysis User Fee Study Summary of charges/fees for Cross-Connection Control: CHARGE OR FEE NAME CHARGE / FEE Backflow Device Installation Fee actual cost Backflow Inspection Fee $80.00 $145 (per inspection) Initial Backflow Compliance Test $60 (per device) Annual Backflow Administration Fee $20.00 $15 (per device) Annual Backflow Compliance Test $60 (per device) 9 Cost of Service Analysis User Fee Study Section 2: Wastewater Service Charges Monthly Wastewater System Charge - Current Collection Charges Collection charges were established to maintain the District's wastewater collection lines. A. Residential Customers (1 – 3 units) The collection charge for residential customers is a monthly fixed charge. Customer Class Monthly Charge Residential 15.36$ B. Commercial Customers The collection charges for commercial customers include a small fixed charge plus a volumetric charge (water usage). Customer Class Monthly Fixed Charge Commercial/Multi-Family 3.90$ Volumetric Charge per hundred cubic feet (HCF) of water used: Commercial Customer Type Charge Per HCF Multi-Family (4 or more units, Mobile Home Park) 0.55$ Commercial/Retail (Non-Office, Bakery, Market) 0.55$ Restaurant/Lounge 0.55$ Laundromat 0.55$ Dry Cleaner 0.55$ School/Church (Daycare, Nursery School) 0.55$ Office Building/Motel (without a restroom, Municipality) 0.55$ Convalescent Home 0.55$ 10 Cost of Service Analysis User Fee Study Treatment Charges The District pays treatment charges established by the City of San Bernardino for the operation and maintenance of their wastewater treatment facilities. Any future increases made by the City over the next five years following the previous public hearing, held on January 25, 2017, may be automatically passed through and incorporated herein by this reference, by action of the District’s Board of Directors to the extent authorized by Government Code Section 53756 and any other applicable provision of law. A. Residential Customers Treatment charges for residential customers are a monthly fixed charge. RATE EFFECTIVE DATE 7/1/2017 Residential 21.55$ Multi-Family (2 Units) 43.10$ Multi-Family (3 Units) 64.64$ CUSTOMER CLASS B. Commercial Customers Treatment charges for commercial customers include a small fixed plus a volumetric charge (water usage) which varies depending on the nature of the commercial entity. Fixed Charges: 7/1/2017 Multi-Family (4+ Units), Mobile Home Parks 1.97$ Non-Residential Customer Classes 3.52$ CUSTOMER CLASS RATE EFFECTIVE DATE 11 Cost of Service Analysis User Fee Study Volumetric Charges (per HCF): 7/1/2017 Multi-Family (4+ Units), Mobile Home Parks 1.53$ Commercial / Retail 2.55$ Restaurants / Lounges 3.28$ Laundromats 1.83$ Dry Cleaners 2.55$ Schools / Churches 1.33$ Governments / Municipal 1.83$ Convalescent Homes 1.63$ Hotels (with Restaurants) 3.28$ Offices Buildings / Motels 1.83$ Auto Repair / Service Station 1.58$ Car Wash 1.58$ RATE EFFECTIVE DATE CUSTOMER CLASS Users other than Residential: Rates for users other than “residential” shall be computed on the basis of actual consumption as reflected by water meter readings for the billing period. Such water consumption may be reduced for the purpose of establishing sewer service charges subject to “seasonal” or “consumptive” use as recognized and approved by the Board of Directors. Unmetered Commercial Dischargers: Unmetered commercial dischargers shall be billed as follows: Residential units in apartments, condominiums, and mobile home parks shall be billed for each dwelling unit at the rate established for single-family dwelling units. Other commercial dischargers shall be billed at a rate determined by the General Manager, based on experience from similar metered dischargers. 12 Cost of Service Analysis User Fee Study Wastewater Charge - SNRC The commencement of operations at the District’s new Sterling Natural Resource Center Water Reclamation Plant will require that the District transition from charging rates established by the City of San Bernardino, to rates that were adopted as the result of a wastewater Cost of Service Analysis conducted on District operations and facilities. Wastewater charges consist of both a Collection (System) component and a treatment component, and includes both fixed charges, and charges based on water usage. An explanation of how these charges apply to different customer classes is explained below. A. Residential Customers The collection and treatment charges for residential customers is a monthly fixed charge for each dwelling unit. Accounts with 1-3 dwelling units are classified as single-family residential customers; accounts with 4 or more dwelling units are classified as multi-family residential customers. Collection Treatment Collection Treatment Collection Treatment Single-Family Residential Fixed Monthly Charges 14.25$ 23.37$ 15.25$ 25.01$ 16.32$ 26.77$ Multi-Family Residential Fixed Monthly Charges 13.46$ 20.86$ 14.41$ 22.33$ 15.42$ 23.90$ * - Effective date could be later. Rates will not go into effect until the SNRC begins to treat wastewater. RATE EFFECTIVE DATE 1/1/2023 1/1/20241/1/2022* 13 Cost of Service Analysis User Fee Study A.B. Commercial / Non-Residential Customers The collection and treatment charges for non-residential customers consist of monthly fixed charges, assessed per account, and a volumetric charge assessed for each unit of water (HCF) used for the account during the billing period. The volumetric charge varies based on the strength/concentration factors of the wastewater discharged by commercial customers. Customers are assigned to a strength category based on industry standards. Fixed Monthly Charges: Collection Treatment Collection Treatment Collection Treatment 10.33$ 10.83$ 11.06$ 11.59$ 11.84$ 12.41$ RATE EFFECTIVE DATE 1/1/2022 1/1/2023 1/1/2024 Volumetric Charges per HCF of Water Usage: Collection Treatment Collection Treatment Collection Treatment Low Strength Dischargers 0.35$ 0.96$ 0.38$ 1.03$ 0.41$ 1.11$ Medium Strength Dischargers 0.46$ 1.53$ 0.50$ 1.64$ 0.54$ 1.76$ High Strength Dischargers 0.46$ 3.42$ 0.50$ 3.66$ 0.54$ 3.92$ Patton State Hospital 0.57$ 1.79$ 0.61$ 1.92$ 0.66$ 2.06$ RATE EFFECTIVE DATE 1/1/2022 1/1/2023 1/1/2024 14 Cost of Service Analysis User Fee Study Section 3: Developer Services Water Capacity and Connection Fees Water Capacity Fees A “Capacity Charge” is defined within GC 66013 as a charge for public facilities in existence at the time a charge is imposed or charges for new facilities to be constructed in the future that is of benefit to the person or property being charged. Capacity fees ensure new development pays its fair share to connect to the system and does not cause additional burdens to current customers. Capital and infrastructure costs required to meet new demand/connections should be paid by those creating the cost to be incurred. On July 1 of each year Water Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Water Connection Fees The water service meter 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 installation and materials between the service angle stop and customer connection side within the meter box. Such regular charge shall be paid in advance by the applicant. Cost varies for the requested meter size and type. Service line connections to the main are separate from this fee and would be an additional non- regular charge. Where there is a non- regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. 15 Cost of Service Analysis User Fee Study METER SIZE CAPACITY CHARGE METER CONNECTION CHARGE 5/8"5,066$ N/A 3/4" T-10 7,328$ 930$ 3/4" Mach 10 7,328$ 1,035$ 1" 12,213$ 1,100$ 1 1/2" 24,425$ 1,495$ 2" 39,079$ 1,780$ 3" 78,157$ 7,515$ 4" 122,120$ 10,030$ 6" 244,240$ 15,875$ 8" 683,872$ 17,360$ 10" N/A 22,355$ Service Installation Benchmark Costs Installation charges will be estimated by the District based on availability of District staff to complete the work and -site specific construction conditions and requirements. The costs in the table shown are benchmarks, or cost references to begin from, for a short or long-side service installation based on requested meter size. Permitting, paving/concrete costs, and non-typical conditions are not included and will need to be assessed per connection, on a case-by-case basis. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. METER SIZE SHORT SIDE LATERAL LONG SIDE LATERAL 3/4" T-10 6,005$ 11,030$ 3/4" Mach - 10 6,110$ 11,135$ 1" 6,035$ 11,060$ 1 1/2" 6,420$ 11,445$ 2" 6,640$ 11,665$ 3" 14,765$ 22,690$ 4" 17,210$ 25,135$ 6" 22,985$ 30,915$ 8" 24,470$ 32,395$ 10" 29,465$ 37,390$ 16 Cost of Service Analysis User Fee Study Wastewater Connection Fees The sewer service connection charge is the charge for the type and size of service connection desired. Such regular charge shall be paid in advance by the applicant. Where there is no such regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. The following charges are hereby established and shall be collected at the time of application for sewer connection: CHARGE OR FEE NAME Permit Charge $25.00 $275 per connection Inspection Charge $100 per connection (per visit) Capacity Charge $7,664 per EDU or portion thereof * CHARGE / FEE *Adopted December 2019 On July 1 of each year Wastewater Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Fire Service Connection Charges The fire service charge is the charge for the type and size of fire service connection desired. Such regular charge shall be paid in advance by the applicant. 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. Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. 17 Cost of Service Analysis User Fee Study Developer Services’ Charges and Fees 1. Availability Letter A fee of $155 will be charged for a water or sewer verification letter inquiry. 1.2. Construction Inspection Charge (per day or actual cost) Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection at the rate of $900$905 per day. When District personnel are not available, inspection will be performed by third party inspectors retained by the District. The hourly rate for third-party inspectors will be established at the beginning of each third-party inspection assignment. 3. Development Agreement (per agreement or actual cost) A Development Agreement is required whenever a project will include the design and construction of water or sewer facilities which will be dedicated to the District. This $1,375 minimum fee will cover the cost to initiate and execute a Development Agreement with the District. 2.4. Development and Engineering Research Fee ($95 per hr; 4-hr min) This $200.00 fee will provide funding for Engineering staff to conduct research and provide copies of materials to Developer Engineers such as plans, easements, and other development related materials. This would only apply to obtaining information for Developers that is unique to their development area and not general information such as fee schedules or District design standards. The Research Fee also encompasses the District’s time and effort spent on assisting customers who have a requirement to construct water or sewer main extensions, or other water and/or sewer facilities, which must meet District needs and conform to District standards. 3.5. Development Meeting Fee (per meeting, after first meeting) This $475 per meeting fee will provide funding for Engineering staff to prepare for and attend, meetings with developers rega rding their projects beyond the initial project consultation meeting and set-up. This fee will primarily impact larger, more complex developments which may require multiple coordination meetings with staff. 18 Cost of Service Analysis User Fee Study 6. Easement/Quitclaim Processing (per easement) A minimum fee of $975 will be charged for review and recordation of each Easement or Quitclaim document. If complexity of the legal document requires more time, legal counsel, or land surveyor counsel, actual costs beyond the minimum will be collected. 4.7. Fire Hydrant Installation Charge (actual cost or 5% of estimate) Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation, an administrative fee of 5% of the estimate will be charged. 8. 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 serviced. This charge is hereby established at a rate of $30.00 per lineal foot. 8. General Water/Sewer Service Inquiry A fee of $75 will be charged for a Technician’s time for general inquiries for service to a parcel. This inquiry usually arises from realtors and small developers. 5.9. New Construction Chlorination and Flushing Fee ($225.00$355 min to actual cost) A minimum fee of $355 will be charged for new construction disinfection plan review, inspection, and flushing prior to sampling. 6.10. Sewer Manhole and Valve Can Deposit A refundable deposit of $1,500 per manhole will be charged for each sewer manhole structure shown on the sewer construction plans. A refundable deposit of $500 per valve can will be charged for each valve can as shown on the water construction plans. These deposits will be returned when all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. As an alternative to the manhole and valve can deposit, a guarantee bond may be provided in the same amount as the deposit. The guarantee bond shall contain covenants that are satisfactory to the District. Such bond shall remain in force until all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. 19 Cost of Service Analysis User Fee Study 7.11. Special Facility Charge A special facility charge shall be required for development of limited service whenever special facilities, including 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 for 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 the Special Facilities; and the same number of acres or area under normal conditions and the cost of facilities to serve the acreage of area under special conditions at a higher cost. 8.12. 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 ServicesWater/Sewer Plan Checking charges described below. 9.13. Water Quality Sampling Fee (per sample) A fee of $110.00$135 will be charged for each water quality sample taken for new construction. 10.14. Engineering Service Charges Water/Sewer Plan Checking Fee (per sheet) 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 or sewer main extensions, or other water and/or sewer facilities, which 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 10% 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 require more funds than the original charge, the additional costs will be billed and must be paid prior to allowing water and/or sewer service to the project.This $800 fee is collected per sheet and is a minimum that will cover up to three in-house plan checks. When District personnel are not available, plan checking will be performed by third-party Engineers retained by the District. The hourly rate and estimate for three plan checks for third-party 20 Cost of Service Analysis User Fee Study plan checkers will be established at the beginning of each third-party plan checking assignment. The minimum fee per sheet established can be collected initially to begin plan checking and the Developer will deposit the difference to cover the third- party’s plan check cost to the District. Should more than three plan checks be required, additional funds may be deposited to bill against, and hours will be billed at the Engineering Research Fee or the cost of the third-party Engineer. Plan checking costs shall be paid before plans are returned. 11.15. Water System Design Charge A water system design charge shall be required for all main extensions, service connections and/or special facilities requiring the preparation of engineering plans and drawings. The water system design charge is hereby established as that the fee charged by an Engineering firm of the District’s choosing, plus an additional 10% thereof for the District’s administrative costs. In the event the costs exceed the fees charged, the additional cost will be billed to the customer. 16. Will Serve Letter Once a Developer has compiled or met all the items needed to make the request for a Will Serve Letter, per the Development Guidelines and Procedures Handbook, they may request and pay a minimum fee of $575 to review and evaluate the infrastructure needs for a proposed project within the District’s service area. Should additional time be required for reviewing the project information and to prepare the document, the hourly rate established for the Engineering Research Fee shall be assessed in addition to the minimum fee . 21 Cost of Service Analysis User Fee Study Summary of charges/fees for Developer Services: CHARGE OR FEE NAME CHARGE / FEE Availability Letter $155 Construction Inspection Charge $900.00 $905 (per day) or actual cost Development Agreement $1,375 (per agreement; min to actual cost) Development and Engineering Research Fee $200.00 $95 (flat rate, per 4-hr min) Development Meeting Fee $250.00 $475 (per meeting, after first meeting) Easement/Quitclaim Processing $975 (per easement) Fire Hydrant Installation Charge actual cost or 5% of estimate Front Footage Charge $30 (per lineal foot) General Water/Sewer Service Inquiry Fee $75 New Construction Chlorination and Flushing Fee $225.00 $355 (min to actual cost) Sewer Manhole and Valve Can Deposit $1,500 (per manhole); $500 (per valve can) Special Facility Charge Based on proportionate share of Developer or Landowner share of the installation of Special Facility Water Main Extension Charge Based on prevailing rates of time and material per District approved plans Water Quality Sampling Fee $110.00 $135 (per sample) Engineering Service ChargesWater/Sewer Plan Checking Fee 10% of Engineer's estimated project cost $800 (per sheet; 3 plan checks) Water System Design Charge actual cost + 10% for administrative costs Will Serve Letter $575 (min fee) 22 Cost of Service Analysis User Fee Study History of Revisions DATE ADOPTED RESOLUTION UPDATED OR RESCINDED REVISION DATE EFFECTIVE 05/12/21 2021.08 2019.19 Update Water and Wastewater Charges 01/01/22 05/12/21 2021.07 2019.19 Update Miscellaneous and Development Fees 06/01/21 12/11/19 N/A N/A Update Capacity Fees (CPI Index) 07/01/20 12/11/19 2019.19 2019.06 Update Miscellaneous and Capacity Fees 01/01/20 05/22/19 2019.06 2017.07 Update Water Charges 01/01/20 07/11/18 2018.12 2017.01 Update Wastewater Charges 08/12/18 05/24/17 2017.07 2017.01 Update Water Charges 07/01/17 01/25/17 2017.01 2016.05 Update Wastewater Treatment Charges and Renew 5-Year Pass through Provision 07/01/17 02/24/16 2016.05 2015.04 Update Wastewater Charges and Miscellaneous Fees 04/01/16 03/25/15 2015.04 2014.32 Implement Water Budget Based Rates 06/01/15 03/25/15 2015.04 Ord 391 Update Wastewater Charges 06/01/15