SUttER Communiw

The SCSD Board of Directors/Oficers and representatives of the SCSD lack a full understanding of the SCSD Bylaws, Ordinances, and Code Compliance Policies and Procedures. District Response to F7: The District disagrees wholly with this finding. (Penal code $ 933.05 (a)(2).) Board members are legally required and do in fact receive training, such as training on board ethics and avoidance of conflicts of interest. Additionally, when a new member is appointed or elected to the Board, District staffprovides copies of District policies, rules for the distribution of water, and significant District ordinances. The District's General Manager also conducts legally required training and has reviewed and has available copies ofthe various District rules, ordinances, and policies.

SCSD is evaluating whelher to consolidate Well 28 with l{ell I and Well 3 to continue to utilize Well 28. District Response to F2: The District disagrees wholly with this finding. (Penal Code $ 933.05(a)(2).) The District previously considered consolidating Well 2B with its other operable wells, but has since determined that such consolidation is not feasible.

The SCGJ found that some residents with one'v)ster meter hookup have been billed since at least 2002 for two monthly Base Rates fees. The SCSD and SCGJ were unable to substantiate that d second Base Rate fee should have been applied. RECE:VED AUQ l 1 20'6 District Response to F3: The District agrees with the first sentence ofF3. (Penal Code $ 933.05(a)(1).) The District disagrees partially with the second sentence ofF3. @enal Code g 933.05(a)(2).) The District charges double base rates for 10 properties, primarily duplexes, and in all cases where the property has more than one premises or family residential unit. The District's Water System Ordinance No. 91-05 dated October 3, 1991 (1991 Ordinance) requires one meter for each premises or family residential unit, unless approval is obtained from the District. (1991 Ordinance, $$ 711,901,902.) A duplex, for example, is required pursuant to the District's 1991 Ordinance to have one meter for each separate premises. The 10 properties that are charged double base rates sought and were granted an exemption from the District's 1991 Ordinance and are permitted to have one meter serving more than one premises or family residential unit. This accommodation by the District saves the property owners the cost in labor and materials of having an additional meter installed. The District, however, charges double its base rate to recover the loss in revenue to the District are a result of these accommodations. The District cannot offer an opinion or explanation on why SCGJ was unable to substantiate the foregoing.

The SCSD billing does not provide a detailed breakdown of charges. The SCGJ found that the two Monthly Base Rate charges were not itemized on the bill/,statements as two separate line items. District Response to F4: The District disagrees wholly with this frnding, but avers that it has modified its billing software to more clearly show that the 10 properties are being billed two base rate charges. (Penal Code $ 933.05 (aX2).)

The SCGJ found that the SCSD did not bilt the residents the coftect omount for water usage on two occasions, March 2105 and January 2016, which caused a loss of revenue ($3,17 3.38) to the District. District Response ro F5: The District agrees with this finding. (Penal code $ 933.05 (a)(1).)

The SCSD Ordinance 9l-05 Article l0 Section 1008 allows the SCSD to estimdte water consumption based upon prior use when a water meter is no longer functioning' District Response to F6: The District agrees with this finding. (PenalCode $ 933.05 (a)(1).)

The SCSD By-Lows are outdated in regards to meeting place/time and posting of meeting requirements. There is no clear definition of election qualifications and terms of directors. District Response to F8: The District disagrees wholly with this finding. (Penal Code $ 933-05 (a)(2).) The District is a community services district formed and existing under the Community Services District Law (Title 6, Division 3 of the Califomia Government Code commencing with section 61000). It conducts a regular meeting on the first Monday of every month beginning at 6:30 p.m. The date of the regular meeting has been changed historically to accommodate the schedules of the Board members, but on each occasion the change was voted upon by the then- sitting Board of Directors and was published in accordance with applicable law. Special meetings are occasionally called by the District upon not less than 24 hour notice. The District's agendas for regular and special meetings are posted onsite and offsite and all its meetings are open to the public and conducted il accordance with the Brown Act. The Community Services District Law govems the qualifications and term of directors.

The SCSD Ordinance 91-05 Article 9 Section 901 makes a reference to outdated Section 434. District Response to F9: The District disagrees wholly with this finding. (Penal code $ 933.05 (a)(2).) The District's 1991 Ordinance does not contain the cited reference'

The scsD BoD Meetings' minutes are not postedfor public viewing on the scsD's website or within the SCSD's ofrce. District Response to F10: The District disagrees wholly with this finding. (Penal Code $ 933.05 (aX2).) Th; District's adopted minutes are posted electronically on the District's website and in hardcopy form in its office. RESPONSES TO RECOMMENDATIONS IN REPORT Rl. An environmental review be done to determine if the consolidation of Well 28 with Well I and lnell 3 will compromise the potable water supply with high arsenic levels. District Response to Rl: The recommendation will not be implemented by District_be_cause it is not warranted and not reasonable. (Penal Code $ 933.05(b)(4).) consolidation of well 2R with Well I and Well 3 is not feasible given the District's looped system, among other factors. See Response to F2, above. j