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HomeMy WebLinkAbout04-03-19 Board Packet 1 OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY BOARD OF DIRECTORS MEETING DISTRICT BOARDROOM 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CALIFORNIA WEDNESDAY April 3, 2019 3:30 P.M. AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF NOVEM- BER 7, 2018 5. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA INFORMATIONAL ITEM 6. THE FOLLOWING ITEM IS PROVIDED TO THE BOARD FOR INFORMA- TIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM: a) PRESENTATION OF 2019 ECONOMIC OUTLOOK UPDATE FOR SAN DIEGO COUNTY (MR. ALAN NEVIN, XPERA GROUP) PUBLIC HEARING 7. PUBLIC HEARING ON BOARD OF DIRECTORS PER DIEM RATE THE BOARD WILL BE HOLDING A PUBLIC HEARING TO HEAR THE PUB- LIC’S COMMENTS ON THE PROPOSED 5% INCREASE TO THE BOARD OF DIRECTORS’ PER DIEM RATE FOR ATTENDING MEETINGS AND PER- FORMING THE DUTIES OF THEIR OFFICE. 2 a) ADOPT ORDINANCE NO. 573 TO APPROVE THE PROPOSED 5% IN- CREASE TO THE BOARD OF DIRECTORS’ PER DIEM RATE FOR AT- TENDING MEETINGS AND PERFORMING THE DUTIES OF THEIR OF- FICE; AND, ADOPT RESOLUTION NO. 4361 AMENDING POLICY 8 TO REFLECT THE NEW PER DIEM RATE AND SECTION C.6.D TO CLAR- IFY DISTRICT PRACTICE REGARDING DIRECTOR’S RESPONSIBIL- ITY FOR EXPENSES CONSENT CALENDAR 8. ITEMS TO BE ACTED UPON WITHOUT DISCUSSION, UNLESS A REQUEST IS MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PARTICULAR ITEM: a) APPROVE CHANGE ORDER NO. 3 TO THE EXISTING CONSTRUC- TION CONTRACT WITH PACIFIC HYDROTECH CORPORATION IN THE AMOUNT OF $64,864 FOR THE 870-2 PUMP STATION REPLACE- MENT PROJECT b) AWARD A CONTRACT TO LAYFIELD USA FOR THE MAINTENANCE OF THE FLOATING COVERS ON FOUR (4) POTABLE AND TWO (2) RECYCLED WATER RESERVOIRS FOR AN AMOUNT NOT-TO-EX- CEED $169,805 FOR FISCAL YEAR 2020; WITH FOUR (4) ONE-YEAR OPTIONS FOR RENEWAL AT THE GENERAL MANAGER’S DISCRE- TION ACTION ITEMS 9. ENGINEERING AND WATER OPERATIONS a) ADOPT RESOLUTION NO. 4356 TO APPROVE THE AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT BE- TWEEN THE CITY OF SAN DIEGO AND THE PARTICIPATING AGEN- CIES IN THE METROPOLITAN SEWERAGE SYSTEM. THE UPDATED AGREEMENT INCORPORATES THE PURE WATER SAN DIEGO PRO- GRAM, WHICH IS A LONG-RANGE REGIONAL WATER REUSE PLAN WITH THE GOAL OF REALIZING A SECONDARY EQUIVALENT POINT LOMA WASTEWATER TREATMENT PLANT AND A NEW LOCAL SUS- TAINABLE WATER SUPPLY (KENNEDY) 10. BOARD a) DISCUSSION OF THE 2019 BOARD MEETING CALENDAR REPORTS 11. GENERAL MANAGER’S REPORT 12. SAN DIEGO COUNTY WATER AUTHORITY UPDATE 3 13. DIRECTORS' REPORTS/REQUESTS 14. PRESIDENT’S REPORT/REQUESTS RECESS TO CLOSED SESSION 15. CLOSED SESSION a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [GOVERNMENT CODE §54956.9] 1 CASE RETURN TO OPEN SESSION 16. REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION. THE BOARD MAY ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION OTAY WATER DISTRICT FINANCING AUTHORITY 17. NO MATTERS TO DISCUSS 18. ADJOURNMENT All items appearing on this agenda, whether or not expressly listed for action, may be deliberated and may be subject to action by the Board. The Agenda, and any attachments containing written information, are available at the District’s website at www.otaywater.gov. Written changes to any items to be considered at the open meeting, or to any attachments, will be posted on the District’s website. Copies of the Agenda and all attachments are also available through the District Secretary by contacting her at (619) 670-2280. If you have any disability which would require accommodation in order to enable you to participate in this meeting, please call the District Secretary at (619) 670-2280 at least 24 hours prior to the meeting. Certification of Posting I certify that on March 29, 2019, I posted a copy of the foregoing agenda near the regular meeting place of the Board of Directors of Otay Water District, said time being at least 72 hours in advance of the regular meeting of the Board of Directors (Government Code Section §54954.2). Executed at Spring Valley, California on March 29, 2019. /s/ Susan Cruz, District Secretary 1 MINUTES OF THE BOARD OF DIRECTORS MEETINGS OF THE OTAY WATER DISTRICT AND OTAY WATER DISTRICT FINANCING AUTHORITY November 7, 2018 1. The meeting was called to order by President Smith at 3:35 p.m. 2. ROLL CALL Directors Present: Croucher, Gastelum (arrived at 3:43 p.m.), Robak, Smith and Thompson Staff Present: General Manager Mark Watton, General Counsel Dan Shinoff, Chief of Engineering Rod Posada, Chief Financial Officer Joe Beachem, Chief of Administration Adolfo Segura, Chief of Operations Pedro Porras, Asst. Chief of Engineering, Dan Martin, Asst. Chief of Finance Kevin Koeppen, Asst. Chief of Operations Jose Martinez, District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by Director Robak, and seconded by Director Croucher and carried with the following vote: Ayes: Directors Croucher, Robak, Smith and Thompson Noes: None Abstain: None Absent: Director Gastelum to approve the agenda. 5. PRESENTATION OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT’S HYDROSTATION AND PARTNERSHIP WITH THE OTAY WATER DISTRICT AND SWEETWATER AUTtoday, March 22today, March 22HORITY (ASSISTANT SUPERINTENDENT MATTHEW R. TESSIER, ED.D. AND INNOVATION AND INSTRUCTION RESOURCE TEACHER MICHAEL BRUDER) Assistant Superintendent Matthew Tessier presented the Chula Vista Elementary School District’s Hydrostation program in partnership with the Otay Water District and Sweetwater Authority. The program’s goal is to expose approximately 4,000 fifth grade students each year to the blue economy or recession proof careers in the water industry. The Hydrostation will provide students with a full day of hands-on experience with the various careers available in the water industry and for students to connect their strengths, interests and values with careers in the water industry. 2 Innovation and Instruction Resource Teacher Michael Bruder presented the details of the program where students participate in six different activities that are relevant to the water industry careers. This determines which water careers are best suited to their interests. The students are then provided information about the career that is best suited to their interest from expected growth in the field to the level of education required. Mr. Bruder indicated that they are grateful for the Otay Water District’s support in bringing this program and experience to their students. Mssrs. Tessier and Bruder responded to questions and comments from the members of the District’s board. 6. PRESENTATION OF CONTRIBUTION TO THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE HYDROSTATION PARTNERSHIP WITH THE OTAY WATER DISTRICT President Smith presented the District’s $10,000 contribution to the Chula Vista Elementary School District’s Hydrostation Program Project. He stated that the District is proud to support the program and shared that the program has also received a $10,000 contribution from Sweetwater Authority and was awarded a grant from the Hans and Margaret Doe Charitable Trust. He congratulated them on the work they have accomplished so far and indicated that the District is looking forward to seeing the metrics on the achievements of the program. 7. APPROVE THE MINUTES OF THE REGULAR BOARD MEETING OF JULY 11, 2018 AND SPECIAL MEETING OF JULY 30, 2018 A motion was made by Director Robak, and seconded by Director Gastelum and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson Noes: None Abstain: None Absent: None to approve the minutes of the regular meeting of July 11, 2018 and special board meeting of July 30, 2018. 8. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA No one wished to be heard. CONSENT CALENDAR 9. ITEMS TO BE ACTED UPON WITHOUT DISCUSSION, UNLESS A REQUEST IS MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PARTICULAR ITEM: 3 A motion was made by Director Croucher, and seconded by Director Thompson and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson Noes: None Abstain: None Absent: None to approve the following consent calendar items: a) AWARD A CONTRACT TO ERS INDUSTRIAL SERVICES, INC. FOR THE RALPH W. CHAPMAN WATER RECLAMATION FACILITY FILTER MEDIA AND NOZZLES REPLACEMENT PROJECT (CIP R2145) IN AN AMOUNT NOT-TO-EXCEED $115,765.58 b) APPROVE A $25,000 (FROM $150,000 TO $175,000) INCREASE TO THE CIP R2118 BUDGET AND AWARD A CONSTRUCTION CONTRACT TO THARSOS, INC. FOR THE RALPH W. CHAPMAN WATER RECLAMATION FACILITY HEADWORKS IMPROVEMENTS (CIP S2051) AND STEELE BRIDGE SEWAGE PUMP STATION WET WELL IMPROVEMENTS (CIP R2118) PROJECT IN AN AMOUNT NOT-TO-EXCEED $223,490 c) APPROVE DECREASING THE CIP P2574 BUDGET IN THE AMOUNT OF $360,000 (FROM $2,000,000 TO $1,640,000), INCREASING THE CIP P2625 BUDGET IN THE AMOUNT OF $710,000 (FROM $1,500,000 TO $2,210,000), AND AWARD A CONSTRUCTION CONTRACT TO CASS ARRIETA FOR THE VISTA VEREDA (CIP P2574) AND HIDDEN MESA ROAD (CIP P2625) WATER LINE REPLACEMENT PROJECT IN AN AMOUNT NOT-TO-EXCEED $2,848,364 d) APPROVE INCREASING THE OVERALL BUDGET FOR CIP S2024, CAMPO ROAD SEWER REPLACEMENT PROJECT, IN THE AMOUNT OF $230,000 (FROM $10,300,000 TO $10,530,000) AND APPROVE CHANGE ORDER NO. 3 TO THE PROJECT’S EXISTING CONSTRUCTION CONTRACT WITH WIER CONSTRUCTION CORPORATION IN THE AMOUNT OF $156,192.12 e) APPROVE INCREASING THE CIP P2565 BUDGET IN THE AMOUNT OF $200,000 (FROM $1,000,000 TO $1,200,000) AND AWARD A CONSTRUCTION CONTRACT TO ADVANCED INDUSTRIAL SERVICES, INC. FOR THE 803-2 RESERVOIR INTERIOR/EXTERIOR COATINGS AND UPGRADES PROJECT IN AN AMOUNT NOT-TO-EXCEED $951,690 f) APPROVE THE PURCHASE OF SEVEN (7) FLEET VEHICLES BY ISSUING PURCHASE ORDERS TO: ENCINITAS FORD IN THE AMOUNT OF $102,045.42 FOR THE PURCHASE OF THREE (3) F150 HALF TON TRUCKS; SUNROAD AUTO, LLC, IN THE AMOUNT OF $145,566.71 FOR THE PURCHASE OF TWO (2) ONE TON TRUCKS AND ONE (1) F550 CLASS 5 DUMP TRUCK; AND THEODORE ROBBINS FORD IN THE 4 AMOUNT OF $39,009.94 FOR THE PURCHASE OF ONE (1) F250 THREE QUARTER TON TRUCK. THE TOTAL COST FOR SEVEN (7) FLEET VEHICLES IS $286,622.07 g) APPROVE THE ISSUANCE OF A PURCHASE ORDER TO RDO EQUIPMENT COMPANY IN THE AMOUNT OF $304,182.30 FOR THE PURCHASE OF ONE (1) MINI EXCAVATOR AND ONE (1) RUBBER TIRE LOADER, AND DECLARE UNITS 742, 269, 1503, 3247 AND 3460 AS SURPLUS ACTION ITEMS 10. ADMINISTRATION AND FINANCE a) APPROVE THE AUDITED FINANCIAL STATEMENTS, INCLUDING THE INDEPENDENT AUDITORS’ UNQUALIFIED OPINION, FOR THE FISCAL YEAR ENDED JUNE 30, 2018 Senior Accountant Marissa Dychitan presented the District’s audited financial statements, including the independent auditors’ unqualified opinion, for the fiscal year ended June 30, 2018. Please reference the Committee Action notes (Attachment A) attached to the staff report for the details of Ms. Dichitan’s and Mr. Rich Teaman’s, Teaman Ramirez and and Smith, reports. Staff indicated in response to an inquiry from Director Smith that the District’s Other Post Employee Benefits (OPEB) is approximately 86 to 87% funded and it is expected to be fully funded in 2021. It was further indicated that because these funds are invested for a long time period, they can be invested in different investments than the District’s operating revenues. The projected rate of return on the OPEB fund is 7%, similar to CalPERS projection. A motion was made by Director Thompson, and seconded by Director Robak and carried with the following vote: Ayes: Directors Croucher, Gastelum, Robak, Smith and Thompson Noes: None Abstain: None Absent: None to approve staff’s recommendation. b) CONSIDERATION OF PROPOSAL FOR AUDIT SERVICES FOR FISCAL YEAR 2019 Finance Manager Eid Fakhouri indicated that this item is presented to select the District’s auditing firm for the FY 2019 audit. He stated that the District’s Finance and Administration Committee had discussed two proposals they wished the full board to consider. Please reference the Committee Action notes (Attachment A) 5 attached to the staff report for the details of the proposals and Mr. Fakhouri’s presentation. It was discussed that Teaman Ramirez and Smith, LLP’s (TRS) five-year contract is ending. It was indicated that their firm had also provided auditing services to the District 10-years ago and that another auditing firm had provided the services between TRS’s engagement dates. Director Thompson indicated that the proposal to extend the TRS contract was driven by the language in the staff report that was presented to the Finance and Administration Committee regarding the GFOA procurement best practices for audit procurement which indicates that “Government entities should enter into multi-year agreements of at least five years in duration when obtaining the services of independent auditors as it allows for continuity”. The District’s practice has been to change its auditors every five years. However, there is no policy that requires the District to change its auditors every five year. He stated for efficiency and continuity purposes, also due to the fact the District will be managing the possible disposition of the Salt Creek Golf Couse, he felt that it would make sense to extend the auditing contract another year for continuity. Additionally, he indicated that TRS is a good firm and their fee is very competitive. It was discussed if the TRS contract was extended for one year, with an option for one additional year for a total of two years, the District would request that the partner in charge be rotated to another partner of the firm to provide for a fresh perspective on the District’s audit. Mr. Joshua Calhoun will serve as the partner in charge of the District’s FY 2019 audit. He has been with TRS for ten years and he would be working with a different Manager in-Charge of the audit who has 18 years of experience and a new audit team from TRS. The new team has not worked on the District’s audit. Director Thompson indicated that he wished to note that he has not had any conversations with the staff of TRS and his recommendation to extend the TRS contract was made after he reviewed the staff report. He stated staff’s report was the only reason he made the suggestion. It was discussed that CWA rotates auditing services every three to five years. Director Croucher suggested that the Audit Committee/Finance and Administration Committee meet with TRS prior or during the audit to discuss any areas of particular interests they wished reviewed as part of the audit. A motion was made by President Smith, and seconded by Director Thompson and carried with the following vote: Ayes: Directors Croucher, Robak, Smith and Thompson Noes: Director Gastelum Abstain: None Absent: None to extend TRS’ contract for one year with an option for an additional year for a total of two years and that a new partner from TRS be assigned to oversee the District’s audit. 6 c) ADOPT RESOLUTION NO. 4353 TO APPROVE THE 2019–2024 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE OTAY WATER DISTRICT AND THE OTAY WATER DISTRICT EMPLOYEES’ ASSOCIATION (OWDEA) AND RELATED ACTIONS Human Resources Manager Kelli Williamson requested that the board consider adopting Resolution No. 4353 to approve the Memorandum of Understanding (MOU) between the Otay Water District and the Otay Water District Employees’ Association (OWDEA) effective July 1, 2019 through June 30, 2024 (with some provisions going into effect immediately upon Board approval), for the Field and Administrative Employees’ Bargaining Units and approve extending the same cost- pf-living adjustments and related benefits for management, confidential, and executive employees. She reviewed the changes proposed to the MOU as listed in staff’s report (attached) which also includes updates in the law. She noted that the OWDEA met on October 24, 208 to conduct a ratification meeting for represented employees. The Association ratified the tentative agreement with 83% of the members voting and of those that voted, 87% recommending acceptance of the agreement. Director Thompson thanked the Board of Directors Ad Hoc Employee Negotiations Committee for the good work they did in representing the members of the board. He commended the committee for keeping costs at a reasonable level and for keeping a positive relationship with employees whose work they appreciate. He stated that members of the board are also able to indicate to the District’s ratepayers that they have done their job. Director Robak added that he has been on both sides of these type of negotiations and the desire is to be able to compensate staff for what their skills are worth and to also have productivity and efficiency. He stated there is a nexus between paying for employee benefits and achieving productivity and efficiency and he felt that they have achieved a balance between the two. Database Administrator Bill Poulin, a member of the OWDEA, thanked the board for extending the opportunity for employees to continue to do what they are doing. He stated that he joined Otay WD because he noted in an employee position advertisement that the District utilized newer technology, Sequel Server Reporting Services. He stated that public agencies did not utilize such technology and it caught his attention. He stated that other agencies respect the work the District is doing and it is a good feeling. A motion was made by Director Robak, and seconded by Director Gastelum and carried with the following vote: Ayes: Directors Croucher, Robak, Smith and Thompson Noes: Director Gastelum Abstain: None Absent: None to approve staff’s recommendation. 7 Director Gastelum indicated that he expressed in an Op Ed, which was not printed by the publisher, that the Otay Water District was a top notch organization. He stated that it is a team effort and the District has excellent employees. He shared that he voted no because there were some things negotiated that he liked and there were things he did not like. His stated his vote is not an absolute no, but his conscience said to vote no. He wanted employees to know that be brags about Otay WD and the wonderful work that the employees accomplish and he is appreciative of their efforts. 11. BOARD a) DISCUSSION OF 2018 - 2019 BOARD MEETING CALENDAR President Smith noted that the December 5, 2018 board meeting has been canceled. District Secretary Susan Cruz noted that staff will be utilizing the first week in December to schedule committee meetings. INFORMATIONAL ITEMS 12. THIS ITEM IS PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES ONLY. NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEM. a) UPDATE ON RECENT CONSTRUCTION BIDS THE DISTRICT HAS RECEIVED, GRANT FUNDING AVAILABLE ON DISTRICT PROJECTS, AND UTILIZATION OF AS-NEEDED CONSTRUCTION MANAGEMENT SERVICES Assistant Chief of Engineering Dan Martin indicated that his presentation will cover three areas: 1) impact of Federal tariffs to construction market cost trends that have impacted recent construction bids, 2) Funding opportunities to support the District’s projects; and 3) Utilization of as-needed construction management services. Please reference the Committee Action notes (Attachment A) attached to the staff report for the details of Mr. Martin’s report. There was discussion that because of the escalating cost of construction materials, staff estimates that the construction budget will increase between 15% and 20%. It was noted that there will be some variability in the engineer’s estimate versus the bids because of fluctuating material costs. Director Croucher left the dias at 5:14 p.m. and returned at 5:18 p.m. Staff manages the Construction Manager (CM) on project specific task orders under an awarded “as needed” construction management contract. Under the contract for FYs 2019 and 2020, the combined average hourly loaded rate for as-needed CM services is estimated to be $154.50 per hour. CM work handled internally cost $138 per hour fully loaded as the District’s cost does not include profit (the District is revenue neutral). It is estimated that the level of effort under the as-needed CM and 8 inspection contracts for FY 2019 and FY 2020 will be .60 FTE and .93 FTE respectively. REPORTS 13. GENERAL MANAGER’S REPORT General Manager Watton reviewed handouts that were provided on the dias for each member of the board (see attached). He also presented information from his report which included an update on drone software and image collection, the employee holiday dinner, the San Diego Contracting Opportunities Center workshop on doing business with Otay WD, the Fire Marshal’s annual inspection, the Campo Road Sewer Replacement, Mexico’s request for water deliveries, CalOSHA’s citation dismissal, water sales and purchases. 14. SAN DIEGO COUNTY WATER AUTHORITY UPDATE Director Croucher shared that ACWA’s September 21, 2018 Newsletter announced President Smith as one of three new directors seated at MWD. He indicated that ACWA’s October 2018 Newsletter published photos of CWA’s new officers which included Director Croucher. He also reported that Chair Jim Madaffer had sent a letter to MWD concerning the legal settlement and the relationship between the two agencies. The letter received positive feedback from the board members of both agencies. Chair Madaffer also spoke to MWD’s Legal Claims Committee offering an “olive branch” towards trying to solve the decade long legal battles between the two agencies through compromise. His speech set the tone towards his goal that he wishes to accomplish during his tenure which would allow the two agencies to work towards regional solutions that benefit all water users in Southern California. CWA was also successful in working with other MWD member agencies in supporting MWD representative Gloria Gray and her election as Chair of MWD’s board of directors. Director Croucher indicated that he gives a lot of credit to new CWA Chairman Madaffer for his leadership in the progress towards change in the relations with MWD. President Smith added with regard to CWA’s CalPERS funding level that they had followed Otay WD’s lead and now CWA’s CalPERS benefit is 72% funded. CWA plans to contribute $1 million annually to the benefit with a goal of having it 75% to 85% funded within 20 years which will save CWA $35 million. He also indicated several years ago he had presented a graph comparing the District’s revenue budget with actual revenues and the variance between the budget and actual revenues. He stated that he introduced the comparative graph to CWA and after several months, they added the graph to their dashboard. He noted that MWD already utilizes the graph and it is reported within their general manager’s report. He lastly reported on a disinfection station that was approved by CWA’s board which will disinfect pipeline in Mission Trails. 15. DIRECTORS' REPORTS/REQUESTS 9 Director Gastelum reported that he attended a tour of MWD’s FE Weymouth Treatment Plant on October 4, 2018. He stated that he also attended JamulFest and the Casa de Oro Fall Festival. He lastly shared that he attended ACWA’s Region 10 Program discussing, “Removing Barriers to Innovation in Water” on October 18, 2018. Director Robak reported that he attended the City of Chula Vista’s First Friday breakfast on November 2, 2018. He noted that Mr. Steve Casteneda was reelected to Sweetwater Authority’s board, Mr. Hector Martinez was newly elected to their board and Mr. Dan McMillan was reelected to the Helix Water District board. He also shared that Mr. Mark Muir was not reelected to the City of Encinitas’ Council. 16. PRESIDENT’S REPORT President Smith’s report is attached. He noted that Helix WD will be hosting a meeting with the water agencies’ Board Presidents and General Managers that are located in the southern portion of the County of San Diego to share information between the agencies and discuss things that we can improve upon. 17. CLOSED SESSION The board recessed to closed session at 5:50 p.m. to discuss the following matter: a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: PERIODIC AND CUSTOMARY REVIEW IN DUE COURSE [GOVERNMENT CODE §54957.6] TITLE: GENERAL COUNSEL The board reconvened at 6:27 p.m. and Attorney Jeanne Blumenfeld indicated that the board took no reportable actions in closed session. 18. ADJOURNMENT With no further business to come before the Board, President Smith adjourned the meeting at 6:28 p.m. ___________________________________ President ATTEST: District Secretary 10 President’s Report Tim Smith November 7, 2018 Board Meeting # Date Meeting Purpose 1 2-Oct Ad Hoc Employee Negotiations Committee Discussed employee negotiations matters. 2 3-Oct OWD Regular Board Meeting Monthly Board Meeting 3 12-Oct Committee Agenda Briefing Met w/ General Manager Watton to review items that will be presented at the October committee meetings. 4 16-Oct EO&WR Committee Reviewed items that will be presented at the November board meeting. 5 24-Oct East County Caucus Discuss CWA issues 6 26-Oct Sign Bond Documents at OWD Execute documents for the issuance of water bonds. 7 30-Oct Colorado River Briefing Discuss issues related to the Colorado River. STAFF REPORT TYPE MEETING: Board Meeting MEETING DATE: April 3, 2019 SUBMITTED BY: Kevin Koeppen, Assistant Chief of Finance PROJECT: DIV. NO. All APPROVED BY: (Chief) Joseph R. Beachem, Chief Financial Officer Mark Watton, General Manager SUBJECT: Informational Report Presenting the 2019 Economic Outlook Update for San Diego County prepared by the Xpera Group GENERAL MANAGER’S RECOMMENDATION: Informational Report presenting the 2019 Economic Outlook Update for San Diego County prepared by the Xpera Group. PURPOSE: To present to the Board the 2019 Economic Outlook Update for San Diego County prepared by Alan Nevin of the Xpera Group. DISCUSSION: Each year the District goes through a budget process with new challenges. The budget process starts in January and culminates with a budget workshop with the Board in May. In prior years, staff has held a single budget workshop in May. During that workshop, staff presents several items pertaining to the budget to the Board. For FY20, staff is changing the budget process by splitting up the budget workshops into three presentations. The Economic Outlook presentation is the first of the three presentations to the Board pertaining to the FY20 budget. The next presentation will be a Board workshop held on May 2nd to review key assumptions and inputs used to prepare the budget, along with known opportunities and challenges. At the June 5th Board meeting, staff will make the final presentation of the consolidated FY20 budget and request Board approval of the following items: the FY20 Operating and CIP Budget, Interfund Transfers, and actions associated with recommended rate changes. 2 To prepare the budget, staff makes every effort to present the most realistic set of factors and assumptions based on information received from various sources, including growth and economic expectations. Part of this process includes engaging an Economist to perform an Economic Outlook study evaluating the projected health of both the global and local economies. The study includes discussions about macro and micro economic activities, including a six-year projection of development within the District. Staff incorporates the information provided in this report in preparing the budget including estimated growth related revenues and costs, and inflation factors. The below table summarizes the dwelling unit growth projections that will be used to prepare the upcoming budget and 6-year rate model. Growth Projections (Units) When compared to the prior year projections for FY20 to FY24, Equivalent Dwelling Units (EDUs) are projected to decline 37%, which will result in a $7 million reduction in capacity fee revenues, and a $700 thousand reduction in new water supply fees for the same time period. The following table provides a historical comparison of EDU’s. 3 FISCAL IMPACT: Joseph R. Beachem, Chief Financial Officer Holding all other assumptions constant, the $7.7 million reduction in capacity and new water supply fee projections over the five-year period from FY20 to FY24 will adversely impact rates. Based on the current budget practice, the recovery of the revenue impact would occur over several years and be re- evaluated as part of the annual budget process. A one-time rate increase of 1.4% would recoup the lost revenue over a 6-year period. STRATEGIC OUTLOOK: The District ensures its continued financial health through long-term financial planning and debt planning. LEGAL IMPACT: None. Attachments: A) The Xpera Group Presentation B) The Xpera Group Economic Report Economic Outlook Study Otay Water District FY 2019-2025 Alan Nevin Director, Economic Research Xpera Group April 3, 2019 Attachment A Global Growth on a Positive Course India & the U.S. Lead the Way Country 2020 2040 Change (Millions) % Change India 1,324,000 1,656,000 332,000 25% United States 325,700 379,200 53,500 16% European Union 511,800 528,350 16,550 3% South Korea 51,245 43,329 (7,916) -15% Russia 144,342 129,908 (14,434) -10% Japan 127,141 107,210 (19,931) -16% China 1,379,000 1,304,000 (75,000) -5% Total 3,863,228 4,147,997 284,769 7% Source: United Nations Population Division Population (Millions) Major Countries 1990-2040 (Projected) 2020-2040 Youth  will Drive the Global Economies Country 2040 India 28% United States 23% China 21% South Korea 20% Japan 18% European Union 11% Russia 6% Source: United Nations Population Division % of Population Under Age 19 Major Countries 2040 (Projected) NAFTA Continues to Move Forward Country Trillions % Change United States 34.01$ 65% Mexico 5.66$ 36% Canada 3.10$ 88% Total 42.77$ 62% Source: World Bank (1990-2020); PWC (2050) Gross Domestic Product (Trillion) NAFTA Countries 2050 (Projected) Mexico to Lead NAFTA % Gains  on a Per Capita Basis Country 2040 Change % Change United States 75,700$ 13,183$ 21% Mexico 32,400$ 22,530$ 228% Canada 60,700$ 12,100$ 25% Source: World Bank; PWC Gross Domestic Product Per Capita NAFTA Countries 2040 (Projected) 2020-2040 Declining Birth Rate Drives  Mexico’s Economic Gains Country 1990 2020 2040 United States 2.03 1.88 1.91 Mexico 3.75 2.14 2.08 Canada 1.69 1.61 1.60 Total 7.47 5.63 5.59 Source: United Nations Population Division Fertility (Children Per Woman) NAFTA Countries 1990-2040 (Projected) The United States The Nation’s GDP Continues to Grow U.S. Inflation Remains Low Millennials Continue to Drive  the U.S. Economy U.S. Continues to Add 2.0+ Jobs Annually Year Total Annual Change Monthly Change 2010 130,354 (952) (79) 2011 131,939 1,585 132 2012 134,174 2,235 186 2013 136,374 2,200 183 2014 138,941 2,567 214 2015 141,826 2,885 240 2016 144,348 2,522 210 2017 146,611 2,263 189 2018 149,064 2,453 204 Source: Bureau of Labor Statistics Total Employment United States 2010-2018 KK1 Slide 12 KK1 Kevin Koeppen, 3/25/2019 U.S. Unemployment Rate Remains Very  Low California California is the World’s  6th Largest Economy Placement Nation $ Billions 1 United States 21,482,410$ 2 China 14,172,200$ 3 Japan 5,220,570$ 4 Germany 4,117,070$ 5 India 2,957,720$ 6 California 2,940,000$ 7 France 2,844,700$ Source: usgovernment spending.com California's World Ranking 2019 Gross Domestic Product Employment in California Continues to Expand Year Employment Change 2014 15,577,383 n/a 2015 16,051,417 474,033 2016 16,478,517 427,100 2017 16,818,692 340,175 2018 17,147,917 329,225 Source: Ca EDD Payroll Employment California 2015-2018 California tops the Charts for R&D No. State R&D Per 100,000 People 1 California 1,175,690$ 2 Massachusetts 215,600$ 3 Washington 196,730$ 4 Michigan 188,470$ 5 Texas 173,530$ 6 New Jersey 157,150$ 7 New York 157,140$ 8 Illinois 137,330$ 9 Pennsylvania 123,000$ 10 North Carolina 100,640$ Source; National Science Foundation Research & Development Spending The Ten Most Innovative States 3rd Year  in a Row: More than 100,000 Units Non‐Residential Up for 7th Straight Years San Diego SD Continues to Add 25,000+ Population Annually Year No. 2017 3,320,108 2035 3,853,698 Change 2017-2035 533,590 Annual Change 29,644 % Change 16.1% Source: SANDAG Population Projections San Diego County 2017-2035 SD Employment Continues UPward And SD Unemployment Continues to Decline SD’s Economic Drivers Category No. Jobs Professional & Business Services 254,200 Leisure & Hospitality 193,900 Manufacturing 115,400 Dept. of Defense (Uniformed) 95,000 Colleges & Universities 49,200 Federal Government (non-defense) 24,800 Information 24,300 Dept. of Defense (Civilian) 22,000 State Department 17,200 Total 796,000 Economic Drivers San Diego County 2019 Sd Tops 10,000 Units in Past 3 Years Year Total Single Family Multi- Family % MF 2012 5,687 2,198 3,489 61.4% 2013 8,264 2,565 5,699 69.0% 2014 6,871 2,478 4,393 63.9% 2015 9,893 3,253 6,640 67.1% 2016 10,666 2,341 8,325 78.1% 2017 10,415 4,058 6,357 61.0% 2018 10,500 3,500 7,000 66.7% Average 8,899 2,913 5,986 66.7% 2012-2014 6,941 2,414 4,527 64.7% 2015-2018 10,369 3,288 7,081 68.2% Source: Census Bureau Construction Permit Survey Residential Units Permitted San Diego County 2012-2018 Southern San Diego County Residential Development Projections OWD Service Area Fiscal Years:20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - - 2 0 2 1 20 2 1 - 2 0 2 2 20 2 2 - 2 0 2 3 20 2 3 - 2 0 2 4 20 2 4 - 2 0 2 5 To t a l Av e r a g e Single Family 700 600 500 400 400 300 300 3,200 457 Multi-Family For "Sale 1,300 1,200 1,000 800 600 500 400 5,800 829 Multi-Family Rental 300 400 300 300 300 300 300 2,200 314 Total Multi-Famiily 1,600 1,600 1,300 1,100 900 800 700 8,000 1,143 Total 2,300 2,200 1,800 1,500 1,300 1,100 1,000 11,200 1,600 % Multi-Family 70% 73% 72% 73% 69% 73% 70% 71% 71% Residential Development Projectons Otay Water District Service Area Fiscal Years 2018-2025 Non‐Residential Development Projections OWD Service Area 2018‐2025 Fiscal Years: Measure 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - - 2 0 2 1 20 2 1 - 2 0 2 2 20 2 2 - 2 0 2 3 20 2 3 - 2 0 2 4 20 2 4 - 2 0 2 5 Total Hotels (2)Rooms 478 150 100 100 828 Industrial (1)Sq.Ft. 300,000 300,000 300,000 300,000 300,000 300,000 300,000 2,100,000 Retail Sq.Ft. 165,000 20,272 15,000 20,000 20,000 20,000 20,000 280,272 Office Sq.Ft. - - 10,000 10,000 10,000 150,000 150,000 330,000 (1) excludes renovation of Sanyo space. (2) excludes the 1,600 room RIDA Hotel and Conference Center which is not in the OWD service area. Non-Residential Development Projectons Otay Water District Service Area Fiscal Years 2018-2025 Overall, things are going well in South County 10911 Technology Place San Diego CA 92127 858-436-7770 Economic Outlook Update Otay Water District San Diego County Prepared for Otay Water District February 2019 Page 2 of 91 March 22, 2019 Mr. Mark Watton General Manager Otay Water District 2554 Sweetwater Springs Blvd. San Diego CA 91978 RE: Economic Outlook Update, Otay Water District Dear Mr. Watton: Xpera Group has been retained to prepare an economic outlook update for the Otay Water District. The outlook includes an economic and demographic analysis of the national and local economy and then focuses on the changes in population, residential and commercial development within the Otay Water District service area. We stand ready to respond to your inquiries about the study and its findings. Sincerely yours, Alan N. Nevin Director, Economic Research Xpera Group Page 3 of 91 Introduction: Economic Outlook Update Otay Water District Service Area Xpera Group has undertaken and now completed an update of the Economic Outlook Study for both San Diego County and the area served by the Otay Water District (“OWD”). In this report, we concentrate on the changing demographics in the world, the nation, California and San Diego County and the projected residential and commercial development within the County and the OWD service area. The OWD services most of Chula Vista east of I-805 and the Otay Mesa area. The service area covers 125 square miles and services more than 50,000 customers. Page 4 of 91 In last year’s report, we noted evidence of strong future development in the OWD service area. We have now updated this information to 2019 in order to project outward to fiscal year 2024/2025. This report is segmented into eight sections:  Section 1: International Outlook  Section 2: The National Economy  Section 3: The California Economy  Section 4: The San Diego County Economy  Section 5: San Diego County Housing Market  Section 6: Future of South County  Section 7: Future Residential Development – OWD Jurisdiction  Section 8: Projections for OWD Development Activity 2019-2025 Although the results, conclusions and recommendations contained within this consultant’s report are based upon a thorough review and analysis of current competitive market conditions and the expertise of the author, Consultant does not in any way represent, warrant or guarantee that any reported results will be achieved as a result of various reasons, including but not limited to the sensitivity to ever-fluctuating market conditions and the efficiency of a Client and its representatives, agent, employees, successors and assigns. Page 5 of 91 Table of Contents Section Page  Section 1: International Outlook 5  Section 2: The National Economy 16  Section 3: The California Economy 31  Section 4: The San Diego County Economy 39  Section 5: San Diego County Housing Market 50  Section 6: Future of South County 56  Section 7: Future Residential Development – OWD Jurisdiction 65  Section 8: Projections for OWD Development Activity 2019-2025 79 Appendix Page 6 of 91 Section 1: International Outlook In the past year, far more attention has been paid to international economic issues than in almost any year in the recent past. For that reason, I thought I would take the opportunity to look at the demographics and economies at the major countries in the world and track their recent and future trends, as their future is also our future. As the industrialized countries grow, so do our opportunities for doing business abroad, with the West Coast of our Nation in a particularly strong position to benefit from international growth. The purchasing power of the world drives the U.S. economy. In the next 20 years, the emerging countries will power the world economy. Currently, I am working on the second edition of my book “The Great Divide.” The book looks out 25 years on the future of the world and the United States and, of course, California. The second edition delves far more into the world scene and what I am including in this report is a few statistics that provide an outlook into tomorrow around the world. 1.1 As we look around the world, perhaps the most stunning fact is that in the 1990- 2020 period, China will have gained almost a quarter billion people, but in the next 20 years, they will actually lose population as a result of their now abandoned one- child policy. India will have a slower rate of growth than in the past 20 years, but will still add one-third of a billion people in that timeframe. Page 7 of 91 The long-term slowdown of the China economy is a direct result of the one-child policy and its effect on minimalizing household formations. The household formations drive the market for consumer goods and new housing. Also note that in the 1990-2020 period, South Korea, Japan and Russia barely added to their population and in the next 20 years will face a declining population and a declining demand for goods. 1.2 GDP As The World Turns The gross national product of India and China have exploded in the past 20 years, and depending on your source, will experience even more growth in the next 20 years. As the world turns, Country 1990 2020 2040 Change % Change Change % Change India 870,000 1,324,000 1,656,000 454,000 52%332,000 25% China 1,135,000 1,379,000 1,304,000 244,000 21%(75,000) -5% European Union 439,300 511,800 528,350 72,500 17%16,550 3% United States 282,162 325,700 379,200 43,538 15%53,500 16% South Korea 42,869 51,245 43,329 8,376 20%(7,916) -15% Japan 123,116 127,141 107,210 4,025 3%(19,931) -16% Russia 148,282 144,342 129,908 (3,940) -3%(14,434) -10% Total 3,040,729 3,863,228 4,147,997 822,499 27%284,769 7% Source: United Nations Population Division 1990-2020 2020-2040 Population (Millions) Major Countries 1990-2040 (Projected) Page 8 of 91 1.3 Along with their population growth, there have been some remarkable changes in gross domestic product (GDP) per capita. The two major changes were in China which moved from an average of $330 per capita in 1990 to $10,100 in 2020. In the next 20 years, the clear winner among major countries will be India which will increase its GDP per capita by seven times. Reflecting its slowdown in population gain, China is anticipated to have a 20-year change in GDP per capita of 210%. 1.4 Country 2000 2020 2040 Change % Change Change % Change India 292$ 2,597$ 28,021$ 2,305$ 789%25,424 979% United States 9,764$ 19,390$ 34,102$ 9,626$ 99%14,712 76% European Union 8,906$ 16,538$ 21,567$ 7,632$ 86%5,029 30% China 1,198$ 12,237$ 49,853$ 11,039$ 921%37,616 307% Russia 259$ 1,577$ 5,127$ 1,318$ 509%3,550 225% South Korea 511$ 1,530$ 3,539$ 1,019$ 199%2,009 131% Japan 4,649$ 4,872$ 6,779$ 223$ 5%1,907 39% Source: PWC, GDP at Market Exchange Rates, February 2015; international monetary fund Gross Domestic Product (Trillions) Major Countries 2000-2040 (Projected) 2000-2020 2020-2040 Country 2000 (1)2020 (2)2040 (3) Change % Change Change % Change China 959$ 10,971$ 34,000$ 10,012 1044%23,029 210% Russia 1,771$ 11,710$ 44,800$ 9,939 561%33,090 283% South Korea 11,947$ 34,209$ 58,600$ 22,262 186%24,391 71% India 438$ 2,379$ 18,300$ 1,941 443%15,921 669% United States 36,449$ 67,082$ 75,700$ 30,633 84%8,618 13% European Union 19,740$ 36,593$ 40,848$ 16,853 85%4,255 12% Japan 38,532$ 42,748$ 58,200$ 4,216 11%15,452 36% Source: (1)World Bank; (2) International Monetary Fund; (3)European Commission (Global Europe 2050) Gross Domestic Product Per Capita Major Countries 2000-2040 (Projected) 2000-2020 2020-2040 Page 9 of 91 Driving many of these changes is the fertility rate (number of births per woman). India, from 1990 to 2040 will almost half its fertility rate. And that drives the GDP per capita. It is also important to note that the economic growth of industrialized countries is closely tied to the fertility rate, to this extent: When the fertility rate falls below 2.00, the number of household formations, through time, falters and ultimately causes the economies of countries to decline. 1.5 Concomitantly, the number of persons in the K-12 grade range is a strong sign of the future work force. It is important for the population 0-19 to be more than 20% of the population as it now is in the following exhibit shown below, but by 2040, the European Union and Russia will fall substantially below that level, as the over 65 population multiplies. Country 1990 2020 2040 India 3.81 2.30 2.00 United States 3.03 1.89 1.91 European Union 1.56 1.60 1.80 China 1.90 1.64 1.74 Russia 1.55 1.75 1.85 South Korea 1.69 1.32 1.60 Japan 1.49 1.48 1.68 Fertility (Children Per Woman) Major Countries 1990-2040 (Projected) Page 10 of 91 1.6 1.7 Country 1990 2020 2040 India 47%36%28% United States 29%25%23% Russia 30%23%6% China 26%21%21% European Union 38%20%11% South Korea 30%18%20% Japan 27%17%18% Source: United Nations Population Division % of Population Under Age 19 Major Countries 1990-2040 (Projected) Country 1990 2020 2040 India 3.8 6.0 11.0 United States 12.6 14.9 22.0 Russia 10.3 13.6 20.0 China 5.7 10.1 24.0 European Union 12.7 19.4 26.0 South Korea 5.2 13.0 31.0 Japan 11.9 26.6 34.0 Source: United Nations Population Division % of Population over Age 65 Major Countries 1990-2040 (Projected) Page 11 of 91 In summary, the industrialized world is growing, but growing slowly, except for India which will overtake China in population in the next 20 years. India will also see a major increase in per capita income in tandem with the decline in fertility rate. The United States continues to be on a stable population and economic growth path as are its two neighbors: Mexico and Canada. The Nafta Countries Canada and Mexico are the Nation’s No. 2 and 3 trading partners, with China in first place. We import more than export with Mexico and in 2018 are just about on par with Canada. 1.8 The NAFTA countries (Mexico, Canada and the U.S.) combined have a gross domestic production (GDP) that is greater than that of the European Union (27 countries), Russia, South Korea and Japan combined. The GDP of the Nafta countries is projected to expand to $43 trillion by 2050. Year Imports Exports (1)Difference Imports Exports Difference 2008 215,941$ 151,220$ (64,721)$ 339,491$ 261,149$ 78,342$ 2018 362,166$ 278,225$ (83,941)$ 336,496$ 314,511$ 21,985$ Change 146,225$ 127,005$ (2,995)$ 53,362$ (56,357)$ % Change 67.7%84.0%-0.9%20.4% (1) Based on trade through October 2018 Source: Census.gov Mexico Canada Trade with Mexico and Canada (Millions) NAFTA Countries 2008-2018 Page 12 of 91 1.9 Of equal importance is the GDP per capita. Our neighbor to the south is projected to dramatically increase its GDP per capita over the next 20 years, rising to $32,400 per capita by 2040 from $9,870 in 2020. Pointedly, in the next 20 years, the Mexican GDP per capita is projected to triple. 1.10 A major component of the increase of GDP per capita is the fertility rate which is projected to decline by almost half between 1990 and 2040. Canada and the U.S. are projected to have a modestly declining fertility rate in that same time period. Country 1990 2020 2050 Change % Change Change % Change United States 5.98$ 20.66$ 34.01$ 14.7$ 245%13.4$ 65% Mexico 2.60$ 4.15$ 5.66$ 1.6$ 60%1.5$ 36% Canada 0.59$ 1.65$ 3.10$ 1.1$ 180%1.4$ 88% Total 9.17$ 26.46$ 42.77$ 17$ 189%16.3$ 62% Source: World Bank Gross Domestic Product (Trillion) NAFTA Countries 1990-2050 (Projected) 1990-2020 2020-2050 Country 1990 2020 2040 Change % Change Change % Change United States 36,070$ 62,517$ 75,700$ 26,447$ 73%13,183$ 21% Mexico 2,740$ 9,870$ 32,400$ 7,130$ 260%22,530$ 228% Canada 20,480$ 48,600$ 60,700$ 28,120$ 137%12,100$ 25% Source: World Bank; PWC Gross Domestic Product Per Capita NAFTA Countries 1990-2020 2020-2040 1990-2040 (Projected) Page 13 of 91 1.11 In terms of population growth, the Nafta countries are projected to have a larger population in 2040 than the European Union. 1.12 The Baja Influence Baja California’s population parallels San Diego County’s at 3.3 million. Of the total, 2.0 million live in Tijuana. The population since 2000 has been growing at a pace of 30,000-40,000 persons annually, not that much more than the growth pace of San Diego County. Country 1990 2020 2040 Change % Change Change % Change United States 2.03 1.88 1.91 (0) -7%0 2% Mexico 3.75 2.14 2.08 (2) -43%(0) -3% Canada 1.69 1.61 1.60 (0) -5%(0) -1% Total 7.47 5.63 5.59 (2) -25%(0) -1% Source: United Nations Population Division 1990-2040 (Projected) 1990-2020 2020-2040 Fertility (Children Per Woman) NAFTA Countries Country 1990 2020 2040 Change % Change Change % Change United States 282,162 325,700 379,200 43,538 15%53,500 16% Mexico 85,000 129,000 157,690 44,000 52%28,690 22% Canada 27,791 36,708 43,924 8,917 32%7,216 20% Total 394,953 491,408 580,814 96,455 24%89,406 18% Source: United Nations Population Division Population (Millions) NAFTA Countries 1990-2040 (Projected) 1990-2020 2020-2040 Page 14 of 91 1.12 Baja California’s economy is driven by five industries, the largest, by far, is the maquiladora plants with more than 200,000 employees, more than half of them in Tijuana. The other four industries are agriculture, tourism, wine, medical tourism and manufacturing. Manufacturing comprises about 20% of the Baja California economy. Medical tourism is typically Americans going to foreign countries for medical procedures, thereby saving substantial amounts. Several major insurance companies are now covering operations in countries like Mexico. Tijuana, with its broad range of surgeons and dentists that are U.S. educated, has become a mecca for medical tourism. The manufacturing sector focuses on five areas: aerospace, medical devices, automotive, electronics and contract manufacturing. Tijuana is the maquiladora center of Mexico with 570 factories employing 115,000 workers. Reportedly, 50% of the companies operating in Tijuana have a presence in San Diego County. It is difficult to calculate the economic impact of Tijuana on San Diego, but we know that 20,000+ persons cross the border to work in San Diego each day and we also know that during the holiday season, a substantial portion of the retail sales are to Mexican citizens (particularly at the border discount stores and in the upper-end stores in Fashion Valley). What we do not have a strong sense of is the cross-border economic impact of the maquiladora plants or the number of the maquiladora managerial work force that lives in San Diego. Year Population Change 1990 811,688 n/a 2000 1,364,918 553,230 2010 1,754,403 389,485 2019 2,099,293 344,890 Source: United Nations Population Research Population Tijuana 1990-2019 Page 15 of 91 San Diego/Tijuana is the busiest land border crossing in the western hemisphere. The checkpoint processes an average of 70,000 northbound vehicle passengers and 20,000 northbound pedestrians each day. In 2017, the port of entry processed 27.5 million vehicles containing 47.6 million passengers along with 16.5 million pedestrians, according to the U.S. Department of Transportation. A $750 million expansion is being made to accommodate the 87% increase in traffic by 2030 (SANDAG). The port of entry from the 905 connecting with SR-11 and 125 is the subject of a major study that is anticipated to be completed this year. The Otay Mesa POE has become the busiest California-Mexico commercial border crossing with more than $50 billion in goods passing through it. Caltrans projects that by 2030, there will be 900,000 northbound commercial vehicles passing through the POE. The study focuses on the costs of border delays. Indicative of the crossing success is the average weekday traffic on the SR-125 which has increased from 28,000 in 2012 to more than 50,000 this past year. SANDAG is projecting that by 2030 the ADT (Average Daily Traffic) will surpass 75,000. 1.13 Page 16 of 91 Section 2: The National Economy As we move into calendar year 2019, it is interesting to note that the Nation is now in its 11th year of recovery, after a lengthy and devastating recession. Looking back ten years and quoting our 2018 report for the Otay Water District, the economy was in a weakened position:  Crude oil was $145 per barrel;  30-year mortgages were at 6.0%;  The unemployment rate was 7.2% and climbing;  Lehman Brothers and Bear Stearns had collapsed;  Construction jobs had declined by 20%, losing 115,000 jobs per month; and  U.S. resale home prices had declined 13% from their 3rd quarter 2006 peak. Gradually, over the past decade, the economy has strengthened and has experienced more than 100 continuous months of expansion. Now it is possible that the Nation will take a “breather.” We are not projecting a recession, but there are several factors that must be taken into consideration:  rising Federal Funds and mortgage rates  impact of tariffs  general turmoil in Washington, D.C.  a gradual loss of consumer confidence  slowdown in the housing market and  slowdown in several of the international markets in which the Nation does business, the most important of which is China. 2-1 The Path of the GDP Despite the continuous growth, it is notable that the gross domestic product has not risen to the levels of past recoveries. In virtually all modern recoveries, the Nation has expanded by 5.0% +/-. Page 17 of 91 The 2nd and 3rd quarters of 2018 were more bullish than in every quarter since the fourth quarter of 2014, but most of the pundits are projected that the 4th quarter 2018 will be modest with 2019 following the path of the 4th quarter of 2018. 2.1 The GDP is comprised of two factors: first, the expansion in the total dollars produced in goods and services and second, inflation. Inflation has been the primary culprit in keeping the GDP increase from reaching previous levels. Inflation has continued to be in the 2.0% range nationally, perhaps the lowest peacetime rates in modern history. The Bureau of Labor Statistics projects the continual low inflation rates through 2023, as noted in the following exhibit: Page 18 of 91 2.2 2.2 U.S Population Trends The U.S. continues to expand its population and economy. The population expansion is perhaps the most important element in the expansion of the Nation. For an industrialized Nation to expand on a continuing basis, it is necessary to continue to add population. From a basic demographic standpoint, it is necessary to have 2.0 children per every mother and father. If a Nation falls below that level, it faces a long-term stagnation of its economy. As discussed in Section 1 of this report,we in the United States are solidly in the 2.0 range which places us among the population leaders in the industrialized world. Looking out a few decades, we can see that many of the major Nations are experiencing only minor population growth and in several cases, decline. Page 19 of 91 The United States continues to gain population at a pace of 2.0-2.5 million annually, both recently and projected well into the future. Projections anticipate a very gradual decline in annual population gain. Thus, in the 2020-2025 period, the population gain is projected to decline from 2.63 million annually to 2.57 million. 2.3 The millennial population is driving the gains in population. Millennials, by Census Bureau definition, are persons 18-34 years of age. They are the persons with a very high propensity to spend and do form the basis for the current rise in automobile, housing, household goods and away-from-home eating and dining. The millennial population is at the heart of the rising economy. Page 20 of 91 2.4 There has been a major change in the lifestyle of millennials as they are staying in school later and marrying later and having children later. Still, millennials do get married and eventually have children. A recent Pew Research study notes:  80% of women with professional degrees or doctorates have a child by the time they are 44, compared with 65% two decades ago.  55% of never married women ages 40 to 44 have at least one child, up from 31% two decades ago; and In 1975, 57.0% of what today would be considered millennial-aged individuals were living with their spouses; now only a quarter of millennials are living with a spouse. Now 31% of millennials are living with their parents. There is a major difference in the percent of millennials living at home in high cost vs. low cost states. Page 21 of 91 2.5 In high cost states, 40% of millennials still live with their parents compared to 20% in low cost states. Obviously, at some point, most will move out of their parents’ houses, but it’s a gradual process. Category 1975 2016 Spouse 57.0%27.0% Parents' Home 26.0%31.0% Alone 3.1%8.0% Other 13.9%34.0% Total 100.0%100.0% Source: U.S.Census Where Millennials Live United States 1975 and 2016 Page 22 of 91 2.6 There is a strong correlation between home prices and household income levels. Those metropolitan areas with strong incomes (including dual income households) also have high housing prices, as shown here for both sale and rental housing: High Cost States % New Jersey 47% Connecticut 42% New York 41% Maryland 39% California 38% Low Cost States % North Dakota 14% South Dakota 20% Wyoming 21% Montana 23% Iowa 23% Source: U.S. Census % of Millennials Living in Parents' Home Low Cost/High Cost States 2015 Page 23 of 91 2.7 Balance/Imbalance Metropolitan Area Median Price Imbalance San Jose 1,300,000$ Imbalance San Francisco/Oakland 989,000$ Imbalance Orange County CA 830,000$ Imbalance San Diego 650,000$ Imbalance Los Angeles 629,000$ Imbalance Seattle 503,000$ Balance Sacramento 370,000$ Balance Chicago 265,000$ Balance Dallas 262,000$ Balance Austin 318,000$ Balance Phoenix 273,000$ Balance Las Vegas 295,000$ Balance Detroit 54,000$ Source: National Association of Realtors Existing Single Family Median Home Prices Major Metropolitan Areas 3rd Quarter 2018 Page 24 of 91 2.8 2.3 U.S. Employment Trends Since the bottom of the decline in 2009, the Nation has added more than 18.0 million jobs, a pace of more than 2.3 million annually. Although the rate of gain has slowed somewhat recently, the Nation continues to add 175,000 to 200,000 jobs monthly. Metro Avg. Rent San Mateo 4,390$ San Francisco 3,090$ Manhattan 2,523$ San Diego 2,023$ Philadelphia 1,173$ Dallas 1,110$ Phoenix 1,061$ Source: Rentonomics Rent Levels Selected Metropolitan Areas 4th Quarter 2018 Two-Bedroom Units Page 25 of 91 2.9 2.10 Year Total Annual Change Monthly Change 2010 130,354 (952) (79) 2011 131,939 1,585 132 2012 134,174 2,235 186 2013 136,374 2,200 183 2014 138,941 2,567 214 2015 141,826 2,885 240 2016 144,348 2,522 210 2017 146,611 2,263 189 2018 149,064 2,453 204 Source: Bureau of Labor Statistics Total Employment United States 2010-2018 Page 26 of 91 As a result of job increases, the unemployment rate has plummeted and today stands at approximately 4.0% nationally. Inevitably there will be another recession in our future, but we project that the 4.0% unemployment level will persist another 2-3 years before the market turns softer. A caveat is if the construction market falters, the unemployment rate could rise. 2.11 One of the key reasons why the unemployment rate has declined is that the labor force participation rate has been on a sharp declining path since the recession. There is some indication that as employers are scampering for new labor, and wages rise, the participation rate is increasing. Page 27 of 91 2.12 Those returning to the labor force are most often persons over 50 who may have been retired from other jobs and for several reasons return to the work force. They include persons who realize they do not have enough funds set aside to retire; persons who are bored; persons who have moved to new metropolitan areas and want to get involved in the community. Also, there are those who realize that their current skill levels are not as advanced as they need to be to earn a decent income; return to school and prepare for a new career. Economic Drivers In typical economic recoveries, construction and manufacturing lead the way. As these two industries have a strong multiplier effect, their impact is substantial. In this recovery, construction and manufacturing jobs have not been at the forefront. This time, professional and business services, health care and social assistance, and leisure and hospitality lead the way. Page 28 of 91 The Bureau of Labor Statistics has projected these economic drivers out through 2026. 2.13 1.5 Residential Construction The residential construction industry began its recovery from the recession in 2012. Since then, there has been a steady advancement in both single-family and multi- family production. Multi-family includes both condominiums and rental housing. 2017 marked the strongest year since 2012 and we project that 2019 will slow somewhat. In 2019, the total U.S. permit count may dip to the 1.1-1.2 million level. Industry 2016 2026 Change % Change Health Care & Social Assistance 19,056 23,054 3,998 21.0% Professional & Business Services 20,135 22,295 2,160 10.7% Leisure & Hospitality 15,620 16,939 1,319 8.4% Construction 6,711 7,575 864 12.9% Financial Activities 8,284 8,764 480 5.8% Information Systems 2,772 2,824 52 1.9% Manufacturing 12,348 11,611 (737) -6.0% Source: Bureau of Labor Statistics Economic Drivers - Major Industries (Projections) United States 2016-2026 Page 29 of 91 2.14 1.6 Non-Residential Construction A major component of the construction industry is the non-residential sector which includes both private and public spending. Since 2015, there has been a steady rise in spending in both the private and public non-residential sector, with a new high in 2018. Year SFD MF Total % MF 2008 575 330 905 36% 2009 441 142 583 24% 2010 447 157 604 26% 2011 418 206 624 33% 2012 518 311 829 38% 2013 620 370 990 37% 2014 640 412 1,052 39% 2015 696 487 1,183 41% 2016 750 456 1,206 38% 2017 842 435 1,277 34% 2018 850 415 1,300 32% 2019 (f)750 375 1,125 33% Source: U.S. Census; forecast by Xpera Group Residential Construction (000) United States 2008-2017 Page 30 of 91 2.15 1.7 Forecast of the U.S. Economy: 2019-2021 It would be presumptuous of us to look beyond the 2020 elections in terms of the economic future of the Nation, but we will summarize here, in bulletpoint fashion, our national outlook for the next three years:  The population will continue to increase by more than 2.0 milllion annually;  Employment will proceed at a pace of 2.0-2.25 million jobs annually, somewhat less than in the past five years;  The unemployment rate will remain in the 4.0-4.5% range;  30-year mortgage rates will remain in the 4.0-5.0% range;  Oil prices per barrel will remain in the $50-60 range;  Construction will fall below the 2018 total with an output of 1.1-1.2 million residential units, not quite as ebullient as in recent past years;  Our projections for residential construction will be affected by the volume of replacement from natural disasters and the changes to the financing of affordable rental housing; and  The non-residential construction market will continue to expand thanks to major increases in infrastructure and military spending. Type 2015 2016 2017 2018 Private Sector 393,934$ 430,653$ 437,113$ 459,733$ Government Sector 289,622$ 284,531$ 290,047$ 310,156$ Total 683,556$ 715,184$ 727,160$ 769,889$ Source: Census.gov Millions Non-Residential Construcition United States 2015-2018 Page 31 of 91 Section 3: The California Economy In this section, we discuss the overall economy of the state of California, including population, employment and housing. Arguably, California is the 6th largest “nation” in the world in terms of GDP, tied with India and just above France. It is possible that by 2020, California would be in 5th place. 3.1 3.1 Population of California In my book “The Great Divide” the nation is segmented into two types of states: growth and non-growth. The 15 growth states account for 75% of all the population growth in the Nation Placement Nation $ Billions 1 United States 21,482,410$ 2 China 14,172,200$ 3 Japan 5,220,570$ 4 Germany 4,117,070$ 5 India 2,957,720$ 6 California 2,940,000$ 7 France 2,844,700$ Source: usgovernment spending.com California's World Ranking 2019 Gross Domestic Product Page 32 of 91 3.2 And perhaps more important, for this report, is that California, Texas and Florida accounted for 40% of the total population gains in the United States in the past year. California continues to grow as a result of both natural household formation (more births than deaths) and in-migration from both within the U.S. and from foreign lands. California had a net gain of 308,000 persons in Fiscal Year 2017-2018. By the end of 2019, California will have a population of 40,000,000. San Diego will have 8.0% of that total. 3.2 California Employment California now has 17.0 million payroll jobs and is adding more than 300,000 jobs annually. The state is adding more jobs each year than population. The number of jobs gained has been declining, but appears to have leveled out in 2018. The Great Divide Page 33 of 91 3.3 The unemployment rate is slightly above the National average, but is maintaining the .3% spread on a continuing basis. Note also that the unemployment rate is reported for only civilians. California has more than 190,000 active military and they are not included in the employment statistics. 3.4 With the exception of manufacturing, which is nearing its 2008 figures, the other economic drivers of California are moving forward with strength, as shown here: Year Employment Change 2014 15,577,383 n/a 2015 16,051,417 474,033 2016 16,478,517 427,100 2017 16,818,692 340,175 2018 17,147,917 329,225 Source: Ca EDD Payroll Employment California 2015-2018 Page 34 of 91 3.5 The National Science Foundation recently released a study on research and development spending per capita for the 50 states. California ranked No. 1, by far, with a per capita expenditure of $1,175,690, more than the next seven states combined. 3.6 Overall, the California economy is moving forward with great strength and vivacity. Category 2008 2018 Change % Change Construction 725,200 855,183 129,983 17.9% Manufacturing 1,384,000 1,318,400 (65,600) -4.7% Professional & Business Services 2,164,600 2,632,783 468,183 21.6% Leisure & Hospitality 1,546,000 2,003,700 457,700 29.6% Source: CA EDD Job Changes by Category Economic Drivers California 2008-2018 No. State R&D Per 100,000 People 1 California 1,175,690$ 2 Massachusetts 215,600$ 3 Washington 196,730$ 4 Michigan 188,470$ 5 Texas 173,530$ 6 New Jersey 157,150$ 7 New York 157,140$ 8 Illinois 137,330$ 9 Pennsylvania 123,000$ 10 North Carolina 100,640$ Source: National Science Foundation The Ten Most Innovative States Research & Development Spending Page 35 of 91 3.3 The California Housing Market It is obvious that California has a housing shortage, at least near the coast. One way to show the shortage is to compare the number of single family homes permitted with the population gain. In this exhibit, we show 11 of the fast-growing states, isolating the three west coast states (in pink). The three west coast states have the lowest ratio of building permits to population, indicating the housing imbalance. 3.7 The permitting activity in residential construction passed the 100,000-unit level in California in 2016, 2017 and in 2018. The last time the state passed the 100,000 level was 2007 (112,000 units). State Pop. Units Permitted % of Permits % of Pop Ratio Permits to Pop. Gain SC 66,285 28,972 3.5%3.8%44% NC 111,602 47,545 5.7%6.4%43% GA 110,973 40,809 4.9%6.4%37% Colo 91,726 28,019 3.4%5.2%31% Texas 432,957 116,753 14.0%24.8%27% Arizona 113,506 28,019 3.4%6.5%25% Florida 367,525 85,633 10.2%21.0%23% CA 256,077 58,053 6.9%14.7%23% Wash 127,710 23,401 2.8%7.3%18% Oregon 68,831 10,323 1.2%3.9%15% Ratio of SFD Units Permitted to Population Gain Selected States 2017 Page 36 of 91 3.8 3.9 Year Total SFD MF 2012 59,638 27,558 32,080 2013 85,472 36,991 48,481 2014 85,844 37,089 48,755 2015 98,233 44,896 53,337 2016 100,265 49,254 51,011 2017 114,780 57,132 57,648 2018 117,079 62,236 54,843 Source: Census.gov Residential Building Permits California 2012-2018 Page 37 of 91 The supply of new homes available for owner-occupancy in California has continued to be below demand levels as the owner-occupancy rate continues to decline and is among the lowest in the Nation. The National average is 64%. The prices of existing single-family homes has been on a steady climb throughout California. At year-end 2018, the average price was $557,600, an increase of 27.1% since 2013. Note that the rate of increase in 2018 has slowed down substantially with the average price increasing only 1.7%. 3.10 3.4 Non-Residential Construction 2018 was the strongest year for non-residential construction in modern California history, totaling more than $32 billion. We anticipate that 2019 will better the 2018 total as a result of both military and infrastructure spending. Year Price Change Change % 2013 438,790$ n/a n/a 2014 453,270$ 14,480$ 3.3% 2015 489,770$ 36,500$ 8.1% 2016 502,490$ 12,720$ 2.6% 2017 549,800$ 47,310$ 9.4% 2018 557,600$ 7,800$ 1.4% Change 2013-2018 118,810$ 27.1% Source: California Association of Realtors Single Family Home Prices (Existing) California 2013-2018 Page 38 of 91 3.11 3.12 Year $ 000 Index 2012 $ 14,635 n/a 2013 $ 21,681 1.48 2014 $ 23,706 1.62 2015 $ 26,263 1.79 2016 $ 27,389 1.87 2017 $ 29,000 1.98 2018 $ 32,000 2.19 Source: California Homebuilding Foundation Non-Residential Permit Values ($000) California 2012-2018 Page 39 of 91 Section 4: The San Diego County Economy In this section, we discuss the population and employment changes in San Diego County. 4.1 Population Change, San Diego County San Diego County remains one of the most dependably growing metropolitan areas in the United States, although its growth rate is slowing down. The past few years the rate of growth has slowed to the 20,000 to 26,000 population range. Its slowdown has been partially attributed to the rapid expansion of the Temecula/Murrieta housing market, whose home prices are substantially less than San Diego County and are drawing the San Diego population base northward. 4.1 The population gains are a combination of natural household formations and immigration. Over the past few years, as shown here, the natural increase has slowed down somewhat. Further, net domestic out-migration (many related to the Year Population Change 2010 3,101,036 2011 3,135,522 34,486 2012 3,173,442 37,920 2013 3,207,852 34,410 2014 3,247,475 39,623 2015 3,274,141 26,666 2016 3,295,816 21,675 2017 3,320,108 24,292 2018 3,344,430 24,322 No.243,394 %7.8% Source: CA DOF Change in Population San Diego County 2010-2018 Change 2010-2018 Page 40 of 91 southern Riverside County moderate priced housing availability) has increased but net in-migration has increased. 4.2 In the past six years, Murrieta and Temecula have increased their population by 15,701, some portion of which relates to out-movement from San Diego County. 4.3 4.2 San Diego County Future Population Change Based on SANDAG’s most recent projections, the County will add almost 30,000 persons annually over the next two decades, gaining more than 500,000 people in that timeframe. By 2035, SANDAG projects that the County population will reach more than 3.8 million. Net Natural Net Net Domestic July 1, 2017 July 1 2018 Number Percent Births Deaths Increase Migration Immigration Migration 3,320,108 3,344,430 24,322 0.7%40,840 21,920 18,920 5,123 15,981 -10,858 July 1 2009 July 1 2010 3,077,633 3,104,581 26,948 0.9%44,493 19,025 25,468 1,480 10,104 -8,624 Source: CA DOF Components of Change San Diego County 2009-2018 Total Population Change 2016-2018 Components of Change City 2012 2018 Change Murrieta 106,551 113,541 6,990 Temecula 104,470 113,181 8,711 Total 211,021 226,722 15,701 Source: CA DOF Change in Population Murrieta and Temecula 2010-2018 Page 41 of 91 4.4 Millennials will continue to drive the consumer economy, including the housing market. SANDAG is projecting that the number of millennials will remain relatively constant over the next two decades, a highly positive economic situation for San Diego County. Year No. 2017 3,320,108 2035 3,853,698 Change 2017-2035 533,590 Annual Change 29,644 % Change 16.1% Source: SANDAG Population Projections San Diego County 2017-2035 Page 42 of 91 4.5 A recent analysis of Census data by Jones Lang LaSalle indicates that San Diego County has the highest percentage of millennials of any of the major metropolitan areas in the Nation. The metropolitan areas shaded in light yellow are in the high growth states. Age Group 2016 2035 18-19 94,625 103,488 20-24 268,684 279,283 25-29 282,105 262,591 30-34 252,922 251,167 Total 898,336 896,529 Total Population 3,288,612 3,853,698 Millennials as % of Pop.27.3%23.3% Median Age 38.5 35.5 Source: SANDAG The Change in the Millennial Population San Diego County 2016-2035 Page 43 of 91 4.6 The high level of millennial growth relates to the types of high-paying jobs that have become available in these strong metropolitan areas. More than 37% of San Diegans (over age 25) have a bachelor’s degree or higher compared to 30% nationwide. Rank Metro Millenials as % of Metro Population 1 San Diego 27.6% 2 Chicago 27.3% 3 Philadelphia 26.5% 4 Houston 26.3% 5 Dallas 26.0% 6 Los Angeles 25.4% 7 New York 25.1% 8 San Antonio 24.0% 9 Phoenix 23.0% 10 San Jose 22.3% Source: U.S. Census, JLL Millenial Rankings Major Metropolitan Areas United States 2017 Page 44 of 91 4.7 San Diego County has the fifth highest percentage of population with a Ph.D.: 4.8 4.3. Employment and Economic Situation San Diego County continues to be one of the strongest and dependable metropolitan areas in the Nation as a result of its highly diversified employment base. In the past six years, the County has averaged 31,000 new civilian jobs annually, almost matching the population gain. Level SD Co.U.S. High School or Higher 86.7%87.3% Bachelor's Degree or Higher 37.8%30.9% Source: Census American Community Survey 2017 Levels of Education (Persons Over 25) San Diego County & U.S. 2017 Rank Metro Rate 1 Boston 3.1% 2 Washington DC 3.1% 3 San Francisco 2.8% 4 Baltimore 2.1% 5 San Diego 2.0% Source: San Diego Economic Development Corp. % of Population with a Ph.D. or Higher Page 45 of 91 The result of this situation is that the civilian unemployment rate has dipped below 4.0%. If the statistics included the military (100,000 in uniform, 100% of whom are employed), the unemployment rate would be still lower. 4.9 In 2018, the County added 26,467 jobs, modestly below the average of the past six years, but still evidence of a strong economy. Year Employment Change 2012 1,294,400 n/a 2013 1,327,500 33,100 2014 1,355,900 28,400 2015 1,395,900 40,000 2016 1,431,600 35,700 2017 1,453,933 22,333 2018 1,480,400 26,467 Average 31,000 Source: CA EDD Total All Industry Employment San Diego County 2012-2018 Page 46 of 91 4.10 4.11 Local economies expand as a result of the growth in economic drivers. An economic driver is an industry whose source of revenue is mostly from outside the metropolitan area. Most metropolitan areas have, at best, two or three economic drivers. San Diego is most fortunate to have eight basic economic drivers as shown on the following page. Unquestionably, the military continues to dominate and accounts for as much as 25% of the total gross domestic product. But the other seven are also meaningful to the economy and, for the most part, continue to expand. Page 47 of 91 4.12 Although not technically an economic driver, we want to include the construction sector because of its economic impact and a rapid return to health. Since 2012, the construction sector has increased jobs by 42%. The construction industry is also highly important because of its multiplier factor. For every dollar spent in construction, more than twice that ripples through the local economy. Few industries can boast of that multiplier. Category No. Professional & Business Services 254,200 Leisure & Hospitality 193,900 Manufacturing 115,400 Department of Defense (Uniformed)95,000 Colleges & Universities 49,200 Federal Government (non-defense)24,800 Information 24,300 Department of Defense (Civilian)22,000 State Government 17,200 Total 796,000 Source: US BLS Economic Drivers San Diego County 2019 Page 48 of 91 4.4 Income of the Population The most recent American Community Survey produced by the Census Bureau shows a median household income of $70,588. According to the ACS, there are 1.1 million households in the County and fully one-third have a household income of more than $100,000 and another 13% have an income from $75,000-99,999. 4.13 4.5 Assessed Valuation Indicative of the strength of the economy is the continual increase in real property assessed valuation. Values have typically increased 5-6% per annum, except that 2017-2018 was a particularly bullish year. Income Range No. Households % Less than $25,000 183,437 16.5% $25,000-49,999 215,677 19.4% $50,000-74,999 184,549 16.6% $75,000-99,999 143,414 12.9% $100,000+384,662 34.6% Total 1,111,739 100.0% Median Income 70,588$ Source: 2017 American Community Survey Household Incomes San Diego County 2017 Page 49 of 91 4.14 FY Millions Change % Change 2014-2015 404,699$ n/a n/a 2015-2016 427,932$ 23,233$ 5.7% 2016-2017 451,659$ 23,727$ 5.5% 2017-2018 512,372$ 60,713$ 13.4% 2018-2019 543,681$ 31,309$ 6.1% San Diego County Assessor Assessed Valuation San Diego County 2014-2019 Page 50 of 91 Section 5: The San Diego County Housing Market In this section, we discuss the current and future state of the San Diego County housing market. 5.1 Composition of the Housing Inventory The inventory of the County housing market consists of 1,124,430 units, half of them detached; 16.4% condominiums; 30.8% apartments and 2.3% mobile homes. 5.1 5.2 Recent and Current Housing Construction After a dismal decade of limited housing production, residential construction is moving forward. The permit count is still driven by the multi-family segment. It is notable that the production of single family units expanded substantially in 2017 and 2018. Type No. Units % Single Family Detached 567,260 50.4% Condominiums 184,820 16.4% Apartments 346,455 30.8% Mobile Homes et al 25,895 2.3% 0.0% Total 1,124,430 100.0% Source: SD County Assessor Current Housing Units San Diego County 2017 Page 51 of 91 5.2 The multi-family component in 2017 was almost entirely rental apartments, with a major segment of them in downtown San Diego. The unusually large number of rental units being built downtown resulted from multiple land purchases 2-3 years ago by major national apartment builders like Trammel Crow, Alliance, Lennar and Greystar. It is highly probable that they did not realize that they would all break ground near- simultaneously. In 2018-2019, there will be more than 4,000 units completed downtown. There were also several thousand units of affordable housing developed in the County in the past year. Year Total Single Family Multi- Family % MF 2012 5,687 2,198 3,489 61.4% 2013 8,264 2,565 5,699 69.0% 2014 6,871 2,478 4,393 63.9% 2015 9,893 3,253 6,640 67.1% 2016 10,666 2,341 8,325 78.1% 2017 10,415 4,058 6,357 61.0% 2018 10,500 3,500 7,000 66.7% Average 8,899 2,913 5,986 66.7% 2012-2014 6,941 2,414 4,527 64.7% 2015-2018 10,369 3,288 7,081 68.2% Source: Census Bureau Construction Permit Survey Residential Units Permitted San Diego County 2012-2018 Page 52 of 91 5.3 Projections for Residential Construction As we look out over the next few years, we foresee several changes occurring in the San Diego County housing market:  As a result of a major increase in shovel-ready dirt, predominantly in south County and along Highway 78 in north county, there will be a substantial increase in overall production in the next few years;  The multi-family category, which includes both sale and rental product, will experience a substantial increase in townhome-type for sale housing;  Apartment construction, which has been in a boom mode the past three years, will slow down; and  There will be a concerted countywide effort to encourage higher density in urban areas, particularly those within a 20-30 minute drive of downtown San Diego. Based on calculations by SANDAG, San Diego County has a housing shortage of 100,000 housing units. Xpera Group is certain that there is a housing shortage, and it is possible that it is approaching 100,000 units, but even if 100,000 is an ebullient calculation, there is definitely a shortage, mostly of work force housing – sale and rental housing appropriate for the mainstream of San Diego households. The following exhibit documents our projections through fiscal year 2024-2025: Page 53 of 91 5.3 The last year since 2000 that the County permitted 10,000 units was 2006. The peak year was 18,000 units in 2003. Year Total Single Family Multi- Family % MF 2010 3,494 2,270 1,224 35.0% 2011 5,370 2,245 3,125 58.2% 2012 5,687 2,198 3,489 61.4% 2013 8,264 2,565 5,699 69.0% 2014 6,871 2,478 4,393 63.9% 2015 9,893 3,253 6,640 67.1% 2016 10,666 2,341 8,325 78.1% 2017 10,415 4,058 6,357 61.0% 2018 10,500 3,500 7,000 66.7% 2018-2019 9,500 3,500 6,000 63.2% 2019-2020 8,500 3,500 5,000 58.8% 2020-2021 7,500 3,000 4,500 60.0% 2021-2022 7,500 3,000 4,500 60.0% 2022-2023 8,000 3,500 4,500 56.3% 2023-2024 8,000 3,500 4,500 56.3% 2024-2025 8,000 3,500 4,500 56.3% Source: Census Bureau 2010-2018; projections Xpera Group Residential Construction San Diego County Projections in Fiscal Years Projections thru FY 2025 2010-2018 in Calendar Years Page 54 of 91 5.4 The Price of Housing The price of existing housing continues to escalate in San Diego County, both for detached and attached housing. At year-end 2018, the median price of a detached home was $640,000 and an attached home $420,000. Since 2013, detached homes have risen in price by 6.0% annually and attached housing 7.0% 5.4 5.5 Year Detached Attached 2013 479,690$ 294,000$ 2014 495,000$ 326,000$ 2015 532,000$ 352,000$ 2016 556,000$ 365,000$ 2017 610,000$ 405,000$ 2018 640,000$ 420,000$ Change 2013-2018 160,310$ 126,000$ % Change 33%43% Annual % Change 6%7% Source: California Assoc. of Realtors Median Home Prices San Diego County 2013-2018 Page 55 of 91 Overall, the San Diego County housing market is stable, but slowing down from the aggressive sales paces and pricing of the past few years. We anticipate that sales will be stable with prices moving up very slowly, as opposed to the past few years. The County economy continues to grow and, for that reason, we remain positive about its future but do not anticipate the type of fervor that drove the for sale inventory to near zero and often spirited bidding for homes. Page 56 of 91 Section 6: The Future of South County In Section 6, we look at the future of South County as an integral part of San Diego County. Section 6.1: Population and Housing in the OWD Service Area The Otay Water District Area encompasses 125 square miles and services an estimated 225,000 persons. Most of the area served is within the City of Chula Vista with the balance in the unincorporated area of San Diego County. 6.1 In 2018, the District served 50,045 with potable water and saw the highest increase in connections compared to the prior six years. The 2018 increase was due mostly to the development activity in the Otay Ranch. Page 57 of 91 6.2 6.2 Population and Residential Units in Chula Vista As Chula Vista is the largest city in south County and the OWD encompasses most of the City east of I-805, we think it appropriate to note the City’s growth pattern in recent years. In the following exhibit below, the population growth pattern in the years 2000-2018 changed dramatically by time period. There was a major burst of population gain as a result of the housing boom of the early 2000’s, followed by the major recession of 2007-2009. The recent supply of “shovel ready” dirt has resulted in a major increase in annual population since 2015. Year Customers Change 2013 48,962 297 2014 49,148 186 2015 49,308 160 2016 49,425 117 2017 49,502 77 2018 50,045 543 Source: OWD Customers Served Otay Water District 2013-2018 Potable Water Page 58 of 91 6.3 As of January 2018, there were an estimated 84,210 residential units in Chula Vista, an increase of 25,000 units since 2000. 6.4 Year Population Total Increase Annual Increase 2000 181,613 n/a n/a 2005 224,006 42,393 8,479 2010 245,987 64,374 6,437 2015 261,801 15,814 3,163 2018 267,503 21,516 7,172 Source: Ca Department of Finance Population City of Chula Vista 2000-2017 January of each Year Units Total Increase Annual Increase 2000 59,492 n/a n/a 2005 73,531 14,039 2,808 2010 79,416 5,885 589 2015 82,499 3,083 440 2018 84,210 1,711 570 Source: Ca Department of Finance Residential Units City of Chula Vista 2000-2018 Page 59 of 91 From 2016 to 2018, the permit count was over 1,000 units, but there was a major difference between 2016 and 2017 or 2018. In 2016, single family units accounted for only 8.0% of the total units permitted. This past two years, 2017 and 2018, as a result of new lots being developed in Otay Ranch, there was a major increase in single family units permitted. 6.5 When the housing market was torrid in the early to mid-2000’s, Chula Vista’s housing production accounted for a substantial portion of the County output. For instance, in the 2004-2007 period, Chula Vista residential production accounted for 14.4% of the County output, compared to 7.0% in the 2013-2015 period. With Otay Ranch in full production, it is highly likely that Chula Vista’s share of the County permit activity will increase substantially. In the 2017-2018 period, single family permits ballooned and accounted for 13.9% of the County total in 2017 and 18.4% in 2018. In 2018, as a result of several major apartment and townhome projects, Chula Vista’s multi-family permits accounted for 18.4% of the County’s total units permitted. Year Total Single Family Multi- Family 2010 517 296 221 2011 728 394 334 2012 799 304 495 2013 630 269 361 2014 475 156 319 2015 689 89 600 2016 1,050 86 964 2017 1,073 563 510 2018 1,882 644 1,238 Source: City of Chula Vista & CIRB Residential Building Permits City of Chula Vista 2010-2018 Page 60 of 91 6.6 6.3 Resale Home Prices – Otay Ranch The resale housing market in the Otay Ranch remains buoyant. Detached homes decreased in the number of sales from 2016 through 2018, but that may be because of the large number of detached homes that came to market in the past 18 months. In both 2017 and 2018, detached homes prices increased at the same percent: 6.7% in 2016-2017 and 7.0% in 2017-2018. In the attached sector (virtually all townhomes – i.e. few flats), sales were healthy in all three years and prices continued to increase. In 2017 prices increased 9.2% and in 2018 8.5%. Year Total Single Family Multi- Family Total Single Family Multi- Family Total Single Family Multi- Family 2010 3,494 2,270 1,224 517 296 221 14.8%13.0%18.1% 2011 5,370 2,245 3,125 728 394 334 13.6%17.6%10.7% 2012 5,687 2,198 3,489 799 304 495 14.0%13.8%14.2% 2013 8,264 2,565 5,699 630 269 361 7.6%10.5%6.3% 2014 6,871 2,478 4,393 475 156 319 6.9%6.3%7.3% 2015 9,893 3,253 6,640 689 89 600 7.0%2.7%9.0% 2016 10,666 2,341 8,325 1,050 86 964 9.8%3.7%11.6% 2017 10,415 4,058 6,357 1,073 563 510 10.3%13.9%8.0% 2018 10,500 3,500 7,000 1,882 644 1,238 17.9%18.4%17.7% Source: Census.gov Residential Permits Chula Vista & San Diego County 2010-2018 SD County Chula Vista CV as % of County Page 61 of 91 6.7 6.4 Future Growth in South County Since our first OWD forecasts 8-9 years ago, there has been substantial commercial/residential activity in the OWD service areas and still much more to come. In the exhibit below, we have listed the projects that are in the pipeline or have been recently completed. Perhaps the most important of these is the substantial supply of residential shovel-ready land for both single family and multi-family housing. 2018 was a very productive year for south San Diego County. Perhaps the three most important projects are the Sudberry shopping center in Millenia, the Sunroad plans for their master-planned community in Otay Mesa and the rapid transit bus route. ZIP AREA 2016 2017 2018 2016 2017 2018 $%$% Detached 91913 West 469 409 390 539,000$ 565,000$ 609,450$ 26,000$ 4.8%44,450$ 7.9% 91914 North 204 179 157 688,000$ 725,000$ 799,900$ 37,000$ 5.4%74,900$ 10.3% 91915 South 335 295 265 525,000$ 580,000$ 605,000$ 55,000$ 10.5%25,000$ 4.3% Total 1008 883 812 564,502$ 602,446$ 644,821$ 37,944$ 6.7%42,375$ 7.0% Attached 91913 West 288 299 277 332,500$ 365,000$ 399,000$ 32,500$ 9.8%34,000$ 9.3% 91914 North 66 66 157 357,500$ 390,000$ 407,000$ 32,500$ 9.1%17,000$ 4.4% 91915 South 205 236 212 375,000$ 405,000$ 420,000$ 30,000$ 8.0%15,000$ 3.7% Total 559 601 646 351,038$ 383,453$ 407,836$ 32,415$ 9.2%24,383$ 8.5% Source: SDAR Home Prices (Existing Units) Otay Ranch 2016-2017-2018 Sales Change 2017-2018Median Price Change 2016-2017 Page 62 of 91 6.8 Major Progress since last report 2017-2020 2020-2022 2022-2024+Activity Category X X 26-mile South Bay Rapid Transit Bus Route under way - serving the Otay Ranch area Transportation X X Shovel-Ready Dirt in ample supply Residences X X Sudberry shopping center groundbreaking in Millenia Retail X X X X Substantial improvements in the San Ysidro crossing Transportation X X X X Sunroad announced plan to build 3,258 residential units and 765,000 s.f. of industrial space and 78,000 square feet of retail space on on its 253 acres Residences X X Completion of SR-11 Transportation X X Widening of I-805 - one additional lane in each direction, under way Transportation X X Cross Border Express with major plans for adjacent properties Transportation X X Transfer of SR-125 to CalTrans; Major reduction in toll fees Transportation X X Completion of Mesa de Otay II Port of Entry (20 northbound lanes)Transportation X X Initiation of Eastern Urban Center (Millenia) development - 2,500 units Residences X X Apex Power Group building $400 million Pio Pico "peaker plant" on eastern edge of Chula Vista Employment X X X Build-out of additional housing on Otay Ranch (20,000+ units)Residences X X X Build-out of housing on Otay Mesa (10,000+ units)Residences X Brown Field commercial traffic expansion; cargo volume increase Transportation X X Major residential development on the eastern side of Tijuana (primarily Las Palmas)Residences X X Major commercial development on eastern side of Tijuana Employment X X New Town of 500,000 people to be developed in the eastern side of Tijuana Residences X X Employment Growth along SR-125 and SR and 905 Employment X Development of university campus on Otay Ranch Education X Development of major employment center on both sides of SR11 (area has 4,000 acres, 40% of County's developable employment land Employment X Completion of 3 more interchanges on SR-125 Tollway Transportation Proposed Planned Projects Effecting Otay Water District South San Diego County 2018-2025 Time Span Page 63 of 91 Exhibits of the substantial activity near the border appear below: Sunroad’s Proposed Residential Development 6.9 Sudberry’s Millennia Commons 6.10 Page 64 of 91 South Bay Rapid Transit 6.11 In addition to the projects noted above, there is substantial activity on the western side of Chula Vista, including the $1.1 billion RIDA/Marriott 1,600 room hotel conference center on the Bayfront. The Center will include a 415,000 square foot convention center. Groundbreaking is announced for spring of this year. 6.12 Page 65 of 91 Section 7: Future Development – OWD Service Area In Section 7, we discuss the residential and commercial development that will take place in the Otay Ranch and in the Otay Mesa region that is served by the OWD. 7.1 Current Residential Development In 2016, there was virtually minimal residential development in the Otay Water District area. Since then, the area has exploded with new single family and multi- family development. At the current time, there are 20 single family projects actively selling and 21 multi- family projects, as well as several apartment developments. The single-family projects range in price from $497,000 to $1,084,000 or $220 to $299 per square foot. The multi-family housing sells for $367,000 to $542,000 or $277 to $334 per square foot. It is typical for multi-family housing to sell for more per square foot than single- family homes because of the marginal square footage differential. Of the 2,920 units that have been brought to market, 1,285 remain to be sold. This exhibit contains only sale product. 7.1 Total Projects Total Units Units Sold Units Remaining Sq.Ft. Low Price Low $/Sq.Ft.Sq.Ft. High Price High $/Sq.Ft. Detached 20 606 276 330 2,678 648,219$ 242$ 3,014 678,791$ 225$ Attached 21 2,314 1,343 955 1,437 406,017 285 1,922 472,969$ 246$ Total 41 2,920 1,619 1,285 New Residential For Sale Projects Otay Ranch/Otay Mesa San Diego County YE 2018 Page 66 of 91 7.2 Future Residential Development Virtually all new residential construction in the OWD service area that will take place over the next few years will be in the greater Otay Ranch area, although Sunroad’s East Mesa project could break ground by 2020-2021. Most of that development will take place in the Millenia community and in Villages 2,3,8, 9 and 10. 7.2 Although it is difficult to project home sales and apartment construction going out seven or eight years, we have contacted the relevant landowners in the Otay Ranch community and have been able to prepare an exhibit that shows a total of more than 12,000 units that are anticipated to come on-line in that timeframe. Most of the future activity is anticipated to take place in 2019 through 2022. Page 67 of 91 Note that Villages 8, 9 and 10 in Otay Ranch will ultimately have 11,000+ units, but only 2,358 units are anticipated to be developed in the 2019-2025 timeframe. 7.3 The following exhibit displays the projected single family development activity at Otay Ranch: Community Developer 2018 2019 2020 2021 2022 2023 2024 2025 Total Village 2 Baldwin, Cornerstone, R&V 623 749 470 101 50 50 42 2,085 PA12 Baldwin 292 453 52 32 - - - 829 Village 3 (Escaya) Brookfield, Shea, CalAtlantic, HomeFed 946 600 70 - - - - 1,616 Millenia Meridian 502 1,022 259 150 - - - 1,933 Village 4 Hunsaker - - 50 207 166 - - - 423 Villages 8,9,10 HomeFed - 731 792 412 299 124 - - 2,358 Village 13 Moeller - - - 107 50 50 50 50 307 Village 14 Jackson Pendo - - - - 50 50 50 50 200 Planning Areas 16 & 19 Jackson Pendo - - - 25 25 25 50 - 125 Total 2,363 3,555 1,693 1,034 640 299 192 100 9,876 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Otay Ranch 2018-2025 Page 68 of 91 7.4 In the 2018-2025 period, the unit mix is anticipated to be approximately 1/3rd single family and 2/3rd multi-family. The multi-family will be a mix of townhomes and vertical construction; for sale and for rent. Community Developer 2018 2019 2020 2021 2022 2023 2024 2025 Total Village 2 Baldwin, Cornerstone, R&V 220 220 90 51 - - - - 581 PA12 Baldwin 39 38 - - - - - - 77 Village 3 (Escaya) Brookfield, Shea, CalAtlantic, HomeFed 398 333 70 - - - - - 801 Millenia Meridian - - - - - - - - - Village 4 Moeller - - 15 39 19 - - - 73 Villages 8,9,10 HomeFed - 263 50 232 232 67 - - 844 Village 13 Moeller - - - 50 50 50 50 50 250 Village 14 Jackson Pendo - - - - 50 50 50 50 200 Planning Areas 16 & 19 Jackson Pendo - - - 25 25 25 50 - 125 Total 657 854 225 397 376 192 150 100 2,951 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Single Family Otay Ranch 2018-2025 Page 69 of 91 7.5 The projections for each of the communities can be found in the Appendix of this report. There are three properties in the immediate vicinity of the OWD headquarters that will move forward with development in the near-term future: Sweetwater Vistas (Douglas Wilson Co.); Sweetwater Place (Mastercraft) and Sweetwater Village (Lennar). They total 433 units. Community Developer 2018 2019 2020 2021 2022 2023 2024 2025 Total Village 2 Baldwin, Cornerstone, R&V 403 529 380 50 50 50 42 - 1,504 PA12 Baldwin 253 415 52 32 - - - - 752 Village 3 (Escaya) Brookfield, Shea, CalAtlantic, HomeFed 548 267 - - - - - - 815 Millenia Meridian 502 1,022 259 150 - - - - 1,933 Village 4 Moeller - - 35 168 147 - - - 350 Villages 8,9,10 HomeFed - 468 742 180 67 57 - - 1,514 Village 13 Moeller - - - 57 - - - - 57 Village 14 Jackson Pendo - - - - - - - - - Planning Areas 16 & 19 Jackson Pendo - - - - - - - - - Total 1,706 2,701 1,468 637 264 107 42 6,925 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Multi-Family (Sale and Rental) Otay Ranch 2018-2025 Page 70 of 91 7.6 We have also added 100 units annually for small developments which may take place within the Otay Water District. In total, in the 2019-2024 time-frame, we project a total of more than 12,000 units or on the order of 1,500-1,600 units annually. 7.7 Project Developer Unit Type No. Units Sweetwater Villas Douglas Wilson Townhomes 218 Spring Valley Retail Center Lennar SFD 93 Sweetwater Village Mastercraft SFD 122 Total 433 Proposed Residential Development Sweetwater Springs Area as of March 2019 Community Developer 2018 2019 2020 2021 2022 2023 2024 2025 Total Otay Ranch Multiple 2,363 3,555 1,693 1,034 640 299 192 100 9,876 Sunroad East Otay Mesa Sunroad - - 300 300 300 300 300 1,500 Sweetwater Projects Douglas Wilson, et al 100 100 100 133 433 Salt Creek n/a 100 100 200 Misc. Parcels Multiple 100 100 100 100 100 100 100 700 Total 2,463 3,655 1,893 1,634 1,240 832 592 400 12,709 Note: We have no knowledge Source: BIA, land owners, builders & City of Chula Vista Total Residential Development Programs Otay Water District Service Area 2018-2025 Page 71 of 91 Rental Apartments Within Otay Ranch, there are 1,320 rental apartment units that are in the pipeline, including Alexan I which opened in 2018. In total, there are 1,320 units that will be developed by 2021. 7.8 7.3 Non-Residential Development There are several non-residential projects within the OWD service area that are planned for the near future that will result in demand for more water. Retail The two retail projects that are under construction are Sudberry’s new Millenia Commons and Baldwin’s Suwerte. The Sudberry project, with 135,000 square feet, will contain four “big box” stores and adjacent in-line stores. It is nearing completion. The Baldwin Suwerte project is a multi-product project with approximately 12,000 square feet of retail space. It is under construction. A third center, The Shoppes at Escaya, with 20,272 square feet will be completed in 2020. Project Developer Units Completion Alexan I Trammell Crow 309 2018 Alexan II Trammell Crow 253 2019 Village 8, West Lot 2 (Affordable)Meta Housing 175 2020 Village 8 West HomeFed 283 2020 n/a Baldwin 300 2021 Total 1,320 Apartments In Planning, Under Construction and Completed Otay Ranch as of February 2019 Page 72 of 91 A fourth center, with 15,000 square feet, seeking approval for a site north of the Otay Center would be developed by Baldwin along with 300 apartments, 272 condominiums and a hotel. There will be several smaller centers that will be built within the Otay Ranch as the Villages get built out, but none yet has been announced. 7.9 Hotels There are several hotels that have come on-line and have opened for business in the past year. The first two entries are Ayres with 135 rooms and a Residence Inn with 148 rooms, both near the 125 at Olympic Parkway. A Hampton Inn and Homewood Suites are nearing completion. Baldwin is planning a Courtyard by Marriott with 150 rooms. Center Developer Sq.Ft.Completion Millenia Commons Sudberry 135,000 2019 Suwerte Baldwin 12,000 2019 The Shops at Escaya HomeFed 20,272 2020 n/a Baldwin 12,000 2020 Sunroad Otay Mesa Sunroad 78,000 2022 Total 257,272 Retail Space Otay Ranch as of February 2019 In Planning, Under Construction and Completed Page 73 of 91 7.10 Senior Housing Recently completed is a 104-unit senior housing facility with 80 units of assisted living and 24 units for memory care patients. The developer is Douglas Wilson Company and Milestone Retirement Communities. Office Space Office space is not a major factor in the Chula Vista/Otay Mesa commercial market, totaling 3.0% of the San Diego office marketplace. The overall vacancy rate for office space there is 10.6%. Hotel Address Rooms Completion Residence Inn 2005 Centerpark Rd.148 2018 Ayres 1710 Millenia Avenue 135 2019 Hampton Inn 2424 Fenton St.104 2019 Homewood Suites 2424 Fenton St.91 2019 Courtyard Olympic Parkway 150 2020-2021 Village 13 Resort Village Village 13 200 2025-2030 Hotels In Planning, Under Construction and Completed Otay Ranch as of February 2019 Page 74 of 91 7.11 The major office development that is actively planned is the “Millenia Office” – a project that could ultimately have more than 1.0 million square feet of space. The first project is 318,000 square feet of Class “A” space – awaits a major tenant before breaking ground. The project is by Chesnut Properties, a local firm that has substantial success in other parts of the County. There is no office space under development at the current time in Otay Mesa or Otay Ranch or the City of Chula Vista, although additional medical facilities are in planning by at least one hospital. Industrial Space Otay Mesa has more than 15.0 million square feet of industrial space, most of it “big boxes” utilized for storage/warehousing. The vacancy rate for industrial space in Otay Mesa is now 7.6%, one of the lowest rates for the area in many years. Area Sq.Ft. - Total Inventory Vacancy Rate Otay Mesa 187,078 2.3% Chula Vista 2,905,034 8.1% Total OM/CV 3,092,112 7.6% San Diego County 103,001,492 10.6% OM/CV as % of SD Co.3.0% Office Space Market Chula Vista/Otay Mesa and San Diego County as of February 2019 Page 75 of 91 7.12 This past year, more than 300,000 square feet of industrial space was completed in Otay Mesa. In total, there are more than 900,000 square feet of industrial space under construction. 7.13 Area Sq.Ft. - Total Inventory Vacancy Rate Otay Mesa 15,839,477 7.6% Chula Vista 9,653,685 3.2% Total OM/CV 25,493,162 San Diego County 189,139,372 5.0% OM/CV as % of SD Co.13.5% Kidder Mathews Industrial Space Market Chula Vista/Otay Mesa and San Diego County as of February 2019 Area Sq.Ft. U/C 2018 Sq.Ft. Completions Otay Mesa 749,176 329,254 Chula Vista 163,000 0 Total OM/CV 912,176 329,254 San Diego County 17,477,217 3,249,639 OM/CV as % of SD Co.5.2%10.1% Kidder Mathews Industrial Space Under Construction Chula Vista/Otay Mesa and San Diego County as of February 2019 Page 76 of 91 The following exhibit notes the individual projects in planning, under construction and in the pipeline in Otay Mesa: 7.14 The market is dominated by the Murphy Company which has developed industrial space there for several decades. Currently, the firm is developing the Brown Field Technology Park and is redeveloping the existing San Diego Business Park (once home to Sanyo). Rather than the traditional industrial space with one employee per 1,000 square feet, we anticipate that the Brown Field Technology Park space will be occupied by employment types that will be more labor intensive. The employment types we anticipate will be more service oriented and have as many as two persons per 1,000 square feet. Property Developer Location Sq.Ft. Est. Date of Completion Building 17 Murphy Otay Mesa 79,050 2019 Brown Field Tech Park 1-B Murphy Otay Mesa 126,333 2019 San Diego Bus. Park -2055 Sanyo Ave (1)Murphy Otay Mesa 352,378 2019 Otay Logistics Center Black Creek Group Otay Mesa 243,000 2019 Majestic Sunroad Center Sunroad/Majestic Otay Mesa 227,000 2020 Brown Field Tech Park 1-C Murphy Otay Mesa 108,247 2020 Brown Field Tech Park 1-A Murphy Otay Mesa 201,342 2020 Otay Crossings - 311 acres; 1st Phase: 111 acres (2) Kearny Real Estate Co.Otay Mesa 2,900,000 2020-2025 Sunroad East Mesa Sunroad/Majestic Otay Mesa 765,000 2020-2025 Total 5,002,350 (1) renovation of existing facility (2) now offering lots for salesq.ft. projection is based on first 11 acres Source: Murphy Development Co. & various other sources Planned and Active Industrial Development Chula Vista/Otay Mesa as of February 2019 Page 77 of 91 Miscellaneous Development There are three major projects on the horizon that deserve mention: Sunroad East Otay Mesa Business Park, University Village and Brown Field. The Sunroad project was originally going to contain a major shopping center with a Target store, but has recently replanned the site for a combination of 3,100 multi- family units, 78,000 square feet of retail space and 765,000 square feet of industrial/tech park space. Sunroad is No.1 in the aerial below: 7.15 Page 78 of 91 Most of the Salt Creek Golf Course, now closed for business, will be offered for development with approximiately 80 of the 245 acres reserved for habitation and other non-commercial uses. At University Village (Village 3 & 4), there is a proposed campus of St. Katherine University, now based in San Marcos. The school currently has 1,000 students. Reportedly, the City of Chula Vista is in final negotiations with St. Katherine representatives. The 10-acre campus is planning housing for 400 students. The land use plan also calls for a total of 1,597 residential units: 1,002 single-family homes, 317 multi-family units and 278 mixed-use units as well as 29.3 acres of industrial space. Brown Field Brown Field is within the City of San Diego, but worth noting because of its potential for enhancing employment growth in South County. The most recent plans call for development of a 14,000 square foot terminal building and 87 new hangars with a total of 111,000 square feet. A local developer will construct the hangars and also has plans for a 150 and a 125- room hotel. On 208 acres of the site, the developer has plans for commercial and industrial space. 7.16 Property Developer Location Type Acres Est. Date of Comple tion Sunroad East Otay Mesa Bus. Park Sunroad 125 & Otay Mesa Rd. Mixed use, including 3,100 housing units, 78,000 square feet of retail space and 765,000 square feet of industrial/high tech space. 253 n/a Salt Creek Golf Course n/a Hunte Parkway, east of SR0125 164 acres to be sold; 80 acres to remain undeveloped 245 2025 University Village n/a Innovation Center First project: St. Katherine's University in planning with 1,000 students 1,281 n/a Brown Field City of S.D.Otay Mesa Road Airport with com'l development 880 2038 Proposed Miscellaneous Development Activity Chula Vista/Otay Mesa as of February 2019 Page 79 of 91 Section 8: Projections for OWD Development Activity 2018-2024 In this section, we discuss the projections for both residential and non-residential development in fiscal years 2018-2019 through 2023-2025. 8.1: Residential Development Projections We are confident that the next few years will be unusually vibrant on the Otay Ranch as the major landholders will continue to develop shovel-ready lots. Better yet, we anticipate that the market for the product developed there will be well accepted, as it represents a wide range of product types and prices/rents. For definition’s sake, we are assuming that “for sale” multi-family product will be townhomes or other varieties of attached for sale product. The rental product is assumed to be multi-story flats, but, at some point, developers may produce “for sale” flats – i.e. vertical condominiums. In the projection below, we anticipate that most of the development in the OWD service area will be in the Otay Ranch. Having said that, there are two projects that could surface during our projection period: those two are Salt Creek (discussed earlier in the report) and the Sunroad East Otay Mesa project. 8.1 Fiscal Years:20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - - 2 0 2 1 20 2 1 - 2 0 2 2 20 2 2 - 2 0 2 3 20 2 3 - 2 0 2 4 20 2 4 - 2 0 2 5 To t a l Av e r a g e Single Family 700 600 500 400 400 300 300 3,200 457 Multi-Family For "Sale 1,300 1,200 1,000 800 600 500 400 5,800 829 Multi-Family Rental 300 400 300 300 300 300 300 2,200 314 Total Multi-Famiily 1,600 1,600 1,300 1,100 900 800 700 8,000 1,143 Total 2,300 2,200 1,800 1,500 1,300 1,100 1,000 11,200 1,600 % Multi-Family 70%73%72%73%69%73%70%71%71% Residential Development Projectons Otay Water District Service Area Fiscal Years 2018-2025 Page 80 of 91 In the projections, we have placed a heavier weight on the multi-family market, for two reasons: first, apartment developers have a growing appetite for Otay Ranch product and second, townhomes will prove to be the most affordable sale product on the Ranch and therefore most popular with young families. The land prices in the OWD service area and government fees are most often substantially less than in the more urban areas of the County, making it highly attractive to multi-family developers. We also recognize that the ebullience of the economy may fade somewhat in a few years and interest rates may climb. Either of those events would soften the market for sale product but perhaps not for rental product. 8.2 Non-Residential Product Projecting non-residential development in the OWD service area is not as precise as the residential sector, as it remains largely untested for most product. For instance, the Chesnut office development, which could have as much as 1,000,000 square feet of office space, is not assured of near-term development. We have placed the start of that development in 2022-2023, hedging our bet. It could happen earlier. We have allocated a modest amount of office space in earlier years to reflect the possibility of smaller office space within the new villages, some of which may be health related. We have not assumed that University Village will move forward in this timeframe, although that might change if the proposed St. Katherine’s University moves forward with its plan. The probability of a number of smaller hotels is somewhat certain and most likely, the CBX may initiate hotel development in the near-term future. We, of course, have not included the RIDA Hotel and Conference Center in Bayfront as it is not in the OWD service area, although most certainly will happen in the next few years. Retail will be developed in the villages as they mature, but it will be neighborhood shopping, with the exception of the Sudberry 135,000 square feet of space that is underway in Millenia. Page 81 of 91 Until recently, the vacancy rate in industrial space on the Otay Mesa was 15%+ and has now edged down to the 10% range. Most of the development there is large one-story boxes that, in some cases, have been segmented into smaller incubator spaces. The major developer in Otay Mesa is the Murphy Company which has dominated the market there for several decades and continues to control most of the remaining industrially zoned land. The company tends to build in 100,000+ square foot increments, often speculative. They have also acquired the former Sanyo space that will be retrofitted for smaller users. We don’t mean to imply that the Murphy Company owns all the industrial space in Otay Mesa, but it does control most of the space that is most likely to be developed in the near-term future. Certainly, the land along S-11 will ultimately be developed with industrial, but we do not foresee that in the near-term future. 8.2 Fiscal Years:Measure 20 1 8 - 2 0 1 9 20 1 9 - 2 0 2 0 20 2 0 - - 2 0 2 1 20 2 1 - 2 0 2 2 20 2 2 - 2 0 2 3 20 2 3 - 2 0 2 4 20 2 4 - 2 0 2 5 Total Hotels (2)Rooms 478 150 100 100 828 Industrial (1)Sq.Ft.300,000 300,000 300,000 300,000 300,000 300,000 300,000 2,100,000 Retail Sq.Ft.165,000 20,272 15,000 20,000 20,000 20,000 20,000 280,272 Office Sq.Ft.- - 10,000 10,000 10,000 150,000 150,000 330,000 (1) excludes renovation of Sanyo space. (2) excludes the 1,600 room RIDA Hotel and Conference Center which is not in the OWD service area. Non-Residential Development Projectons Otay Water District Service Area Fiscal Years 2018-2025 Page 82 of 91 <<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>> On balance, we are convinced that the next several years will be highly active ones for the residential and commercial development community in the Otay Ranch/Otay Mesa region. As a result, the Otay Water District will experience a substantial increase in customers and usage. Year Office Retail Industrial Hotel Total Annual Average CY 2002-2007 208.0$ 141.1$ 136.4$ 78.2$ 563.7$ CY 2012-2015 159.4$ 122.4$ 32.5$ 70.7$ 385.0$ FY 2015-2018 120.0$ 105.0$ 43.3$ 63.3$ 331.6$ FY 2018-2024 130.0$ 125.0$ 75.0$ 90.0$ 420.0$ Annual Average FY 2015-2018 4.0$ 4.0$ 2.0$ 3.5$ 13.5$ +25% Misc.1.0$ 1.0$ 0.5$ 0.9$ 3.4$ Total 5.0$ 5.0$ 2.5$ 4.4$ 16.9$ FY 2018-2024 5.0$ 5.0$ 3.0$ 4.5$ 17.5$ +25% Misc.1.3$ 1.3$ 0.8$ 1.1$ 4.4$ Total 6.3$ 6.3$ 3.8$ 5.6$ 21.9$ FY 2015-2018 4.2%4.8%5.8%6.9%5.1% FY 2018-2024 4.8%5.0%5.0%6.3%5.2% Note: Remodeling projects and publicly funded projects excluded OWD as % of San Diego County Non-Residential Permit Valuations (Historic and Projected) Otay Water District and San Diego County 2002-2024 (P) Annual Average ($millions) San Diego County OWD Service Area Page 83 of 91 Detail Exhibits Projected Development Activity Otay Ranch 2018-2025 Page 84 of 91 VILLAGE 2 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total Apartments Baldwin MF - Apt 300 425 330 0 0 0 0 0 1,055 R-28 MF R&V Management MF - Apt 0 0 0 0 0 0 0 0 - Signature Baldwin/Heritage MF - Sale 37 42 0 0 0 0 0 0 79 Suwerte Baldwin/Heritage MF - Sale 0 50 50 50 50 50 42 0 292 Lovina Baldwin/Heritage MF - Sale 66 12 0 0 0 0 0 0 78 SF Baldwin SF 156 135 40 27 0 0 0 0 358 Aventine Cornerstone SF 26 25 25 24 0 0 0 0 100 Cambria Cornerstone SF 10 25 25 0 0 0 0 0 60 Estancia Cornerstone SF 27 0 0 0 0 0 0 0 27 Monterra Cornerstone SF 1 35 0 0 0 0 0 0 36 Total 623 749 470 101 50 50 42 0 2,085 MF - Total 403 529 380 50 50 50 42 0 1,504 MF - For Sale 103 104 50 50 50 50 42 0 449 MF - Rental 300 425 330 0 0 0 0 0 1,055 SF 220 220 90 51 0 0 0 0 581 Source: BIA, land owners, builders & City of Chula Vista TOTAL Projected Development Activity Village 2 2018-2025 Otay Ranch PA 12 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total Apartments Baldwin MF - Apt 213 351 0 0 0 0 0 0 564 MF - Sale Product Baldwin MF - Sale 40 64 52 32 0 0 0 0 188 SF Baldwin SF 39 38 0 0 0 0 0 0 77 Total 292 453 52 32 0 0 0 0 829 MF - Total 253 415 52 32 0 0 0 0 752 MF - For Sale 40 64 52 32 0 0 0 0 188 MF - Rental 213 351 0 0 0 0 0 0 564 SF 39 38 0 0 0 0 0 0 77 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity PA 12 2018-2025 Otay Ranch Page 85 of 91 Escaya (Village 3) Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total Alley Row TH Brookfield Homes MF Sale 58 21 0 0 0 0 0 0 79 Mixed Use Project (Apts./Commercial)HomeFed MF - Apt 150 246 0 0 0 0 0 0 396 Haciendas Brookfield Homes SF 38 12 0 0 0 0 0 0 50 Prado Front Load SFD Brookfield Homes SF 44 42 18 0 0 0 0 0 104 Castellena CalAtlantic Homes SF 48 29 0 0 0 0 0 0 77 Indigo CalAtlantic Homes SF 59 52 0 0 0 0 0 0 111 Valencia CalAtlantic Homes SF 50 68 0 0 0 0 0 0 118 Strata Shea Homes SF 50 22 0 0 0 0 0 0 72 Sierra Shea Homes SF 57 65 12 0 0 0 0 0 134 Seville Shea Homes SF 52 43 40 0 0 0 0 0 135 Total 946 600 70 0 0 0 0 0 1,616 MF - Total 548 267 0 0 0 0 0 0 815 MF - For Sale 398 21 0 0 0 0 0 0 419 MF - Rental 150 246 0 0 0 0 0 0 396 SF 398 333 70 0 0 0 0 0 801 Source: BIA, land owners, builders & City of Chula Vista TOTAL Projected Development Activity Village 3 (Escaya) - Home Fed Otay Ranch 2018-2025 Page 86 of 91 Millenia Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total Cal Atlantic Lot 17 CalAtlantic Homes MF - For Sale 40 38 0 0 0 0 0 0 78 Skylar KB Homes MF - For Sale 52 16 0 0 0 0 0 0 68 Evo/Trio /Metro Meridian Development MF - For Sale 106 105 0 0 0 0 0 0 211 Lot 19 Chesnut MF - For Sale 0 0 150 0 0 0 0 150 Lot 13 Meridian Development MF - For Sale 0 60 0 0 0 0 0 0 60 Lot 19 & 22 Meridian Development MF - For Sale 10 116 0 0 0 0 0 0 126 Element & Z Shea Homes MF - For Sale 41 34 0 0 0 0 0 0 75 Main St Apartments Meridian Development MF - Rental 0 300 0 0 0 0 0 0 300 Main Street Residential n/a MF - Rental 44 100 0 0 0 0 0 144 Alexan Apartments Trammell Crow MF - Rental 0 309 0 0 0 0 0 0 309 Trammell Crow Lot 28 Trammell Crow MF - Rental 253 0 0 0 0 0 0 0 253 Revel Senior n/a MF - Rental 0 0 159 0 0 0 0 0 159 TOTAL Total 1,004 1022 259 150 0 0 0 0 2,435 MF - Total 502 1022 259 150 0 0 0 0 1,933 MF - For Sale 249 369 0 150 0 0 0 0 768 MF - Rental 253 653 259 - - - - 0 1,165 SF 0 0 0 0 0 0 0 0 - Ayers Hotel (rooms)Ayers 135 135 Sudberry Commercial (Sq.Ft.)Sudberry 135,000 135,000 Future Office (Sq.Ft.) Lot 7 Chesnut 330,000 330,000 Lot 1 Chesnut 400,000 400,000 Lot 19 Chesnut 400,000 400,000 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Millenia Otay Ranch 2018-2025 Page 87 of 91 Village 4 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total SF Moeller SF 0 0 15 39 19 0 0 0 73 MF Moeller MF 0 0 20 129 128 0 0 0 277 Total 0 0 50 207 166 0 0 0 423 MF - Total 0 0 35 168 147 0 0 0 350 MF - For Sale 0 0 20 129 128 0 0 0 277 MF - Rental 0 0 0 0 0 0 0 0 0 SF 0 0 15 39 19 0 0 0 73 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Village 4 Otay Ranch 2018-2025 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total SF HomeFed SF 0 263 50 232 232 67 0 0 844 MF HomeFed MF 0 468 742 180 67 57 0 0 1,514 Total 0 731 792 412 299 124 0 0 2,358 MF - Total 0 468 742 180 67 57 0 0 1,514 MF - For Sale 0 468 442 180 67 57 0 0 1,214 MF - Rental 0 0 300 0 0 0 0 0 300 SF 0 263 50 232 232 67 0 0 844 Source: BIA, land owners, builders & City of Chula Vista Projected Development Activity Villages 8,9,10 (Home Fed) Otay Ranch 2017-2024 Villages 8,9,10 Page 88 of 91 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total MF Moeller MF 0 0 0 57 0 0 0 0 57 SF Moeller SF 0 0 0 50 50 50 50 50 250 0 0 0 107 50 50 50 50 257 Total 0 0 0 107 50 50 50 50 307 MF - Total 0 0 0 57 0 0 0 0 57 MF - For Sale 0 0 0 57 0 0 0 0 57 MF - Rental 0 0 0 0 0 0 0 0 0 SF 0 0 0 50 50 50 50 50 250 Source: BIA, Hunsaker Assoc., land owners, builders & City of Chula Vista Total Projected Development Activity Village 13 (Unincorporated San Diego County) Otay Ranch 2018-2025 Villages 13 MF Jackson Pendo MF 0 0 0 0 0 0 0 0 0 - SF Jackson Pendo SF 0 0 0 0 50 50 50 50 0 200 Total 0 0 0 0 50 50 50 50 0 200 MF - Total 0 0 0 0 0 0 0 0 0 0 MF - For Sale 0 0 0 0 0 0 0 0 0 0 MF - Rental 0 0 0 0 0 0 0 0 0 0 SF 0 0 0 0 50 50 50 50 0 200 Source: BIA, Hunsaker Assoc., land owners, builders & City of Chula Vista Village 14 (South, Central and North) Projected Development Activity (Unincorporated San Diego County) Otay Ranch 2017-2024 Villages 14 Page 89 of 91 Community Builder Type 2018 2019 2020 2021 2022 2023 2024 2025 Total MF Jackson Pendo MF 0 0 0 0 0 0 0 0 - SF Jackson Pendo SF 0 0 0 25 25 25 50 0 125 Total 0 0 0 25 25 25 50 0 125 MF - Total 0 0 0 0 0 0 0 0 0 MF - For Sale 0 0 0 0 0 0 0 0 0 MF - Rental 0 0 0 0 0 0 0 0 0 SF 0 0 0 25 25 25 50 0 125 Source: BIA, Hunsaker Assoc., land owners, builders & City of Chula Vista Projected Development Activity Planning Areas 16 & 19 (Unincorporated San Diego County) Otay Ranch 2018-2025 Villages16 & 19 Page 90 of 91 Xpera Group is the West Coast’s most comprehensive team of construction consultants and strategic advisors for the built environment. Having started as a construction forensics firm in 2009, we have expanded our offerings over the years to deliver specialized expertise to clients at all phases of the development process. Having assembled more than 50 highly experienced construction consulting professionals in virtually every specialty trade, we are uniquely qualified to serve a wide range of clients, including contractors, property owners, developers, legal and insurance professionals. As a construction consulting company, we are able to customize service solutions to meet each client’s unique goals, whether it’s ensuring quality standards, avoiding costly construction delays and claims, or achieving successful resolution for troubled projects. One of Xpera Group’s principal services is providing economic research, a category that includes market research studies, development strategies, forensic economics, fiscal and economic impact studies and valuations. Page 91 of 91 Disclaimer Although the results, conclusions and recommendations contained within this consultant’s report are based upon a thorough review and analysis of current competitive market conditions and the expertise of the author, Consultant does not in any way represent, warrant or guarantee that any reported results will be achieved as a result of various reasons, including but not limited to the sensitivity to ever-fluctuating market conditions and the efficiency of a Client and its representatives, agent, employees, successors and assigns. AS7 Law San Diego/004344/000002/ME/S0429161.DOCX TO: The Otay Water District Board of Directors, General Manager Mark Watton FROM: Jeanne Blumenfeld, Esq. RE: Increasing the Board of Directors Per Diem Compensation and Proposed Changes to the Board of Directors Policy 8, Directors Per Diem Compensation and Directors’ Responsibility for Expenses. DATE: March 29, 2019 PURPOSE Policy 8 provides for Board members to be compensated for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board. California Water Code sections 20200 et seq. authorize the Board of Directors, by Ordinance, to increase the amount of per diem compensation they receive for performing approved duties. If the per diem compensation is increased, Policy 8 will also need to be amended to reflect the change. The purpose of the proposed amendments outlined in this report is to update Board of Directors Policy 8 to increase the compensation to be paid to members of the Board of Directors for each day of service as a Director, and to specify that expenses incurred by spouses, family members, or guests are the responsibility of the Director in accordance with District practice and the law, as described in greater detail below. PROPOSED CHANGES TO POLICY NO. 8 1. Increasing Compensation to be Paid to Members of the Board of Directors Board Policy 8 Section A. Directors’ Per Diem provides, in pertinent part, that the members of the Board of Directors receive per diem compensation “in the amount of $145 for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board, not to exceed a total of ten (10) days in any calendar month.” Water Code Section 20201 provides that the Board may provide compensation to members of the Board of Directors “in an amount not to exceed … $100”. Section 20202 authorizes the Board to increase the amount of compensation above the amount of $100 per day, but provides Proposed Changes to Policy No. 8 March 29, 2019 Page 2 AS7 Law San Diego/004344/000002/ME/S0429161.DOCX that “the increase may not exceed an amount equal to 5 percent, for each calendar year following the operative date of the last adjustment ...” Procedurally any increase must be by Ordinance after a properly noticed public hearing (Water Code Section 20203). The public hearing must be noticed pursuant to Section 6066 of the Government Code, which requires publication of notice of the proposed Ordinance “once a week for two successive weeks.” Section 6066 provides further that “[t]wo publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.” Section 20204 of the Water Code provides that the ordinance increasing compensation to be paid board members shall become effective sixty (60) days from the date of its final passage. The District has complied with the notice publication requirements by publishing a Notice of Public Hearing in the “Legal Advertisements” section in the San Diego Union-Tribune on Tuesday, March 19, and March 26. Accordingly, coupling the aforementioned legal authorities with the District Policy, the Board is legally authorized to increase by Ordinance, the current compensation of $145 for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board, to no more than $152.25 per day, and not to exceed 10 days per month. 2. Reimbursement for Expenses Incurred by Spouses, Family Members or Guests. Policy 8, Section C provides that Directors will be reimbursed for expenses incurred in the performance of their duties. Section C 6 provides for expenses that will not be reimbursed because they are the Directors’ responsibility. Currently, Policy 8 subsection C.6.d permits a Director to be reimbursed for expenses incurred by his/her spouse, family members, or guests “where the District purchases a table at an event”. For some time, District practice has disallowed reimbursement to Directors for expenses incurred by his/her spouse, family members, or guests in all circumstances including events for which the District purchases a table. The law supports current District practice because such reimbursement would be a gift of public funds and the reimbursement is a gift and therefore reportable pursuant to the Political Reform Act. As public officials, members of the board are subject to the Political Reform Act (Gov. Code sections 8100 et seq.) The Political Reform Act prohibits board members from accepting gifts from any single source, including the District, in any calendar with a total value of more than two hundred fifty dollars ($250). Gov. Code section 89503. The Political Reform Act defines a "gift," in part, as "any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received... Any person … who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that consideration received is of equal or greater" value than the personal benefit received. Proposed Changes to Policy No. 8 March 29, 2019 Page 3 AS7 Law San Diego/004344/000002/ME/S0429161.DOCX In addition, The California Constitution prohibits public agencies, including the District, from the giving or lending public funds to any person or entity, public or private. (Const., Art. XVI, § 6.) Public funds are identified as any monies that are collected and retained in a District account. “Due to their unique operating environment, governments have a responsibility to be accountable for the use of resources that differs significantly from that of business enterprises. Although businesses receive revenues from a voluntary exchange between a willing buyer and seller, most governments obtain resources primarily from the involuntary payment of taxes.” (GASB White Paper: Why Governmental Accounting and Financial Reporting Is – And Should Be – Different (April 2013).) The prohibition against gifts of public funds ensures accountability to constituents and prevents misuse of public money. Under this constitutional prohibition, the Legislature is also precluded from authorizing the making of a gift of public money to any individual. (Const., Art. XVI, § 6.) Courts have interpreted Article XVI, § 6 to include all payments of public money for which there is no authority or enforceable claim, even if there is a moral or equitable obligation. An expenditure is not a “gift” within the meaning of the constitutional prohibition if the District receives adequate consideration in exchange for the funds expended. Consideration is a benefit or something of value commensurate with the amount of the payment. In determining whether an expenditure is considered a “gift” within the meaning of the gift clause, the primary question is whether the funds are used for a public or private purpose. If the expenditure is primarily for a public purpose, it will generally not be a gift. (California Emp. Etc. Com v. Payne (1947) 31 Cal.2d 210, 216.) If the expenditure is for a private purpose, however, such as for the benefit of a Director and his/her family member, it will be an unlawful gift of public funds. (City of Oakland v. Garrison (1924) 194 Cal. 298.) The use of public funds to reimburse expenses incurred by a board member’s spouse, including payment for a seat at an event, would constitute a gift of public funds and it would constitute a “gift” under the Political Reform Act because there is no direct and substantial public purpose in paying for the expenses of the board member’s spouse, family member or guest. This is so even if the District purchases a table at an event. This does not mean spouses, family members or guests cannot attend events for which board members are reimbursed, it just means that Directors must be responsible for their expenses, even where the District purchases a table at an event. 3. Policy Corrections Necessary to Conform with the Law a. If the Board adopts Ordinance 573 and increases the Directors’ per diem compensation pursuant to California Water Code section 20200 et seq., Policy 8, Section A. Directors’ Per Diem must also be amended to reflect the amount of the increased per diem compensation. Proposed Changes to Policy No. 8 March 29, 2019 Page 4 AS7 Law San Diego/004344/000002/ME/S0429161.DOCX b. The following edit is proposed in order to be in conformance with the California Constitution and the Political Reform Act (“Act”): the removal of the first phrase in Section C.6.d., as shown on Attachment 1. The proposed corrections are shown on the document titled “Policy No. 8 Strike-through”, which is attached to this Report. The Board can adopt the proposed corrections by Resolution. Attachments: Attachment 1. Policy No. 8 Strike-through Attachment 2. Policy No. 8 Final Attachment 3. Ordinance No. 573 Attachment 4. Resolution 4361 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3-6- 194/3/19 Page 1 of 7 Purpose To provide guidelines for payment of compensation and reimbursement of expenses to Directors in connection with their attendance at meetings or the performance of other authorized business, and for group insurance benefits for Directors. Background Members of the Board of Directors (“Directors”) attend regular, adjourned or special meetings of the Board of Directors (“Board”). In addition, Directors attend other District meetings, committee meetings, association meetings, and educational seminars on behalf of the District. These meetings and seminars are related to District business, water and water related issues, and California special districts. State statutes authorize District payments for meetings, reimbursements of expenses. State law also authorizes the District to provide health and welfare benefits for active Directors and, in limited circumstances, retired Directors if they served 12 years and were first elected prior to January 1, 1995. The District is also authorized to offer health and welfare benefits for retired Directors who commenced office on or after January 1, 1995, if the recipient participates on a self-pay basis. Policy The District will compensate Directors on a per diem basis for attendance at authorized meetings or functions and will reimburse Directors for reasonable expenses incurred while traveling on District business to include, lodging, dining, transportation and related incidentals. A. Directors’ Per Diem As provided in Section 1.01 C. of the District Code of Ordinances, each Director shall receive a per diem in the amount of $145152 (effective July 1, 20198) for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board, not to exceed a total of ten (10) days in any calendar month. Attendance at any meeting shown on Exhibit A to this Policy shall be deemed a meeting requested or authorized by the Board. Attendance of meetings shall be in accordance with Exhibit A. The President of the Board or the Board may authorize a Director to attend meetings not listed in Exhibit A when the President or the Board determine that it is in the interest of the District that a Director attend, and that such attendance be compensated and expenses reimbursed. Director’s claims for per diem amounts shall be made on a “Board of Directors Per Diem and Mileage Claim Form” (Exhibit B). The President of the Board or the Board may approve reimbursement of expenses outside the per diem limit for a Director, if the Director submits receipts for all of the related District business expenses. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3/6- 194/3/19 Page 2 of 7 Attendance at a meeting that is not authorized by this policy (pre- approved meetings) or pre-approved by the President may be approved by the Board for per diem compensation. Director’s seeking per diem compensation for these meetings shall request that the item be presented to the Board at its next regularly scheduled meeting for consideration. The decision of the Board shall be final. When travel arrangements require a day earlier arrival or a day later departure, Directors will be eligible for the $145 152 per diem and reasonable expenses associated with the extended stay will be reimbursed as specified below. B. Pre-payment of Otherwise Reimbursable Expenses The Director may request pre-payment of registration, transportation, and lodging, using the “Board of Directors Travel Request Form” (Exhibit C). Pre-payments shall be limited to the Director’s expenses only. No advances shall be made on travel expenses. C. Reimbursement of Expenses Each Director shall be reimbursed for travel expenses to and from the meetings described in Exhibit A or for any other authorized District business as follows: 1. Authorization Travel associated with the attendance of meetings or functions for Directors shall be approved in advance by the Otay Water District Board President. To request approval of travel, the Director should complete a “Board of Directors Travel Request Form” (Exhibit B) in order to be eligible for compensation and/or reimbursement. Travel requests will be reviewed and approved by the Board President or the Board. 2. Transportation a. Air Transportation The District will endeavor to purchase airline tickets in advance taking advantage of discounts and low airfares. b. Automobile 1. Personal Auto: Directors may use their personal vehicle. The District will reimburse Directors at the current rate/mile as established by the IRS, plus tolls, parking, etc., provided, however, if air transportation is available, the total amount of expense paid shall be limited to the cost of coach air travel between points traveled by personal vehicle. Gasoline, collision and OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3/6- 194/3/19 Page 3 of 7 liability insurance, and maintenance will be provided by the Director and is deemed covered in the rate/mileage reimbursement. Directors using personal vehicles on District business must maintain a valid California driver’s license and the automobile insurance coverage required by the State of California, or make arrangements for a driver who meets the above requirements. 2. Rental Cars: The District will provide a rental car when needed. Such rental car shall be a compact or mid-size class, unless upgrades are offered at no additional cost to the District. c. Miscellaneous Transportation Whenever practicable, bus, taxi, rail, shuttle, etc. transportation may be used in lieu of, or in conjunction with, modes above. 3. Meals and Lodging a. Meals and Beverages Whenever travel requires meals, the meals, excluding gratuity, shall be reimbursable, provided the Director presents a receipt along with the “Board of Directors Expense Claim Form” (Exhibit D) for all meals. Reimbursements for expense items where a receipt has been lost will not be paid until the President or the Board has reviewed and approved the expense item. Meals are reimbursable based on the Meals and Incidental Expenses (M&IE) as updated by the U.S. General Services Administration: 1. Full Day Reimbursement When a Director is traveling for a full day and no meals are provided for by other sources, such as pre-paid registration, the Director may be reimbursed for meal expenses at the rate provided by the M&IE per day. This amount is exclusive of any gratuities. 2. Single Meal Reimbursement When a Director requires reimbursement for a single meal while traveling, the maximum meal reimbursement amount shall be at a rate provided by the M&IE for Breakfast, lunch, and/or dinner, or amounts determined by the President or the Board to be reasonable for the occasion or OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3/6- 194/3/19 Page 4 of 7 circumstances. These amounts and any amount approved by the President or Board shall exclude gratuities. 3. Partial Day Reimbursement When a director will be traveling for a partial day or where a single meal is provided for by other sources such as pre-paid registration, the maximum reimbursement amount shall be at the rate provided by the M&IE per meal, or such other amounts as may be determined by the President or the Board to be reasonable for the occasion or circumstances. In any event all amounts to be reimbursed shall exclude any gratuities. 4. Taxes The maximum meal reimbursement amounts are inclusive of and assume expenses for taxes. The maximum meal reimbursements shall exclude any and all gratuities. b. Lodging The District will reimburse Directors or pre-pay accommodations in single rooms at conference facilities or in close proximity when applicable. Or, in the absence of conference accommodations, normal single- room business, government or commercial class accommodation may be obtained. Under normal circumstances, lodging will not be reimbursed for the night before a conference starts and the night after it ends. However, in situations where available travel schedules would require the Director to leave home before 6:00 AM or return to home after 12:00 AM, lodging for the night before or the night after will be reimbursable. 4. Entertainment The District shall not cover any expenses incurred for recreation or entertainment. 5. Incidental Expenses Unavoidable, necessary and reasonable authorized expenses will be fully reimbursed by the District. Some examples of allowable expenses are: a. Reasonable transportation to local restaurants and to optional functions that are a part of conference events. b. Parking fees. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3/6- 194/3/19 Page 5 of 7 c. The following expenses are not reimbursable: 1. Alcoholic beverages 2. Parking or traffic violations 3. In-room movies or laundry services 6. Director's Responsibility a. Directors must submit a detailed “Board of Directors Expense Claim Form” for reimbursement. Claim forms should be supported by vouchers and itemized receipts of expenditures for which reimbursement is being requested. Receipts must be attached for all expenses. If a receipt is lost, the lost receipt must be noted on the “Board of Directors Expense Claim Form” (Exhibit D) and approved by the President or the Board before any payment can be made. Claim forms shall be submitted within 45 calendar days after the expense was incurred. Expense claims requiring reimbursement to the District, which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. b. Expenses will not be reimbursed for meetings that have been pre-paid and not attended. The President or the Board may excuse an absence for a meeting. The absent Director shall provide a verbal or written report at the next regularly scheduled Board meeting stating the reason for the absence and, if appropriate, request that it be excused. Directors will be required to reimburse the District for any pre-paid expenses for any unexcused absence. This reimbursement will be made by deduction from future expenditures. c. When two (2) or more Directors combine an expense on one receipt, the Director requesting reimbursement should indicate, on or attached to the Director’s “Board of Directors Expense Claim Form” the identity of the other persons sharing expenses. This will facilitate appropriate allocation of expenses to each participant. d. Except where the District sponsors a table at an event, expenses incurred by spouses, family members, or guests are the responsibility of the Director. e. The District shall, at least annually, provide a report to disclose any reimbursement paid by the District within the immediately preceding fiscal year of at least $100 for each individual charge for services or product received. “Individual charge” (as defined in California Government OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 3/6- 194/3/19 Page 6 of 7 Code Section 53065.5) includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee. D. District Group Insurance Benefits 1. Each Director, while serving as a member of the Board of Directors, shall be entitled to the health and welfare and life insurance benefits set forth in the Schedule of Benefits in the District Group Insurance Plan Booklet, which benefits are furnished by the District at District cost, with applicable contributions, for active District employees and Directors. Each active Director shall also be entitled to a $65,000 term life and accidental death and dismemberment insurance policy (subject to policy requirements and any standard age reduction schedule), a $100,000 travel accidental death and dismemberment policy. In addition to the foregoing, the District will pay premiums for additional individual life insurance coverage in an amount of up to $250,000 for a 20 year term for those active Directors who apply for such coverage with the District’s provider and meet the provider’s standard underwriting guidelines and policy requirements. If coverage at higher amounts or for a longer term is made available by the provider, each Director may purchase such additional coverage on a self-pay basis. 2. Each former member of the Board of Directors, who served in office after January 1, 1981, who was elected to a term of office that began before January 1, 1995, who is at least 60 years of age, and whose total service at the time of termination is not less than 12 years, shall be entitled to the health and welfare and life insurance benefits set forth in the District Group Insurance Plan Booklet, which benefits are furnished by the District, at District cost, for retired Directors. E.Miscellaneous Cell Phone expenses are not considered a reimbuseable expense Attachments Exhibit A: Approved Function List Exhibit B: “Board of Directors Per Diem and Mileage Claim Form” Exhibit C: “Board of Directors Travel Request Form” Exhibit D: “Board of Directors Expense Claim Form” EXHIBIT A Approved Functions List Board Policy for payment of per diem compensation and expenses for Director attendance at District meetings: The Board reviews its authorization and policy for payment of per diem compensation forpre-approved meetings annually, in January following reorganization of the Board and election of a new President. Below is the current Board policy: 1. The following meetings are pre-approved for all Directors to attend and receive per diem compensation and expense reimbursement:  Otay Water District Regular and Special Board Meetings  Otay committee meetings for committee members only  Otay business meetings called by the General Manager and authorized by the President of the Board where individual Directors are requested to attend  Except as otherwise specifically excluded in this policy, official District functions that take place during normal business hours where Directors are requested to attend by either the Board President or the Board  Semi-annual conference of the Association of California Water Agencies  Regular quarterly meetings of the Water Agencies Association of San Diego County  Regularly monthly meeting of Council of Water Utilities  Business meetings and conferences of the California Special District Association held in San Diego County All other meetings not listed here require pre- approval by the President or Board for Directors to receive per diem compensation and/or expense reimbursement. 2. The following meetings are pre-approved for designated Otay Director representatives or designated alternate. The District Secretary will maintain an updated list of designated Director representatives. Any other Director who wishes to attend these meetings and receive a per diem must have approval from the President or Board prior to the event or be designated by the President or Board, as an alternate. The pre-approval shall include the attendance of the Director at the commission, committee, board or meeting and any committee, subcommittee or other official or posted EXHIBIT A meeting of the agencies, commissions, committees or boards listed below:  Planning Group and City Commission meetings that fall within the boundaries of each directors district (when issues impacting OWD are discussed)  Inter-Agency Committee Meeting  METRO (TAC/AFFORD) Commission  ACWA or CSDA meetings/conferences  Water Conservation Garden  WateReuse Association  South County Economic Development Council 3. The Board President or his designee is pre-authorized to attend District business meetings with cities and other agencies to represent Otay Water District, and may claim a per diem and expenses. Any other Director desiring to attend the same meeting of this nature would require approval to attend from the President or the Board in order to receive a per diem and expense reimbursement. 4. When the President or the Board appoints a director(s) to a committee, the meeting(s) shall be considered pre-approved for per diem and expense reimbursement. 5. The following meeting requires pre-approval by the Board President or Board of Directors to receive per diem and expense reimbursement:  Regional and/or local Chamber of Commerce business or board meetings where the District maintains a membership 6. The following meetings are not eligible for pre-approved per diem claims: a) Attending other Districts’ Board meetings b) Otay employee appreciation breakfast, luncheons or dinners c) Retirement receptions d) Otay picnics or dinner-dances or other purely social events e) If a per diem reimbursement is provided by another agency (i.e. San Diego County Water Authority and the Metro Commission) f) First Friday Breakfasts unless presenting Otay official business to the assembly g) Any political campaign event or function 7. In order to submit a per diem/travel reimbursement the member must attend at least 50% of the meeting (per day) and the reimbursement request must be submitted within 45 days of the occurrence, otherwise it may be considered EXHIBIT A attended without per diem. The President of the Board will make the final determination. 8. All other meetings/conferences/tours/seminars/ workshops/functions not listed in this policy must be pre- approved by the Board President or the Board. EXHIBIT B (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Period Covered: Employee Number: From: To: ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS Total Meeting Per Diem: $ ($145 per meeting) Total Mileage Claimed: miles EXHIBIT B INSTRUCTIONS ON REVERSE EXHIBIT B INSTRUCTIONS FOR PREPARATION OF BOARD OF DIRECTORS PER DIEM CLAIM FORM 1. Record the date, and name or purpose/issues discussed of meeting attended on behalf of the District. Note: The District will pay Director's per-diem for one meeting/ function per day and the maximum of 10 meetings/functions per month. If a Director attends more than 10 meetings/functions (10 days), the District will reimburse for the mileage and any reimbursable out-of- pocket expenses incurred for these additional meetings. 2. Record number of miles (round trip) driven to attend meeting/ function. The use of personal vehicles in the conduct of official District business shall be reimbursed at the current Internal Revenue Service rate. The Director's expense claim should indicate the nature of the trip. If a trip begins at home, the District will reimburse the mileage from home to destination and return mileage. District insurance does not cover personal vehicles while they are being driven on District business. The reimbursement rate is inclusive of an allowance for insurance costs. The District will reimburse Directors for the deductible under their personal insurance policy should they be involved in an accident while on District business. To be eligible for reimbursement, each Director shall maintain a current California driver’s license and at least the minimum vehicle liability insurance required by State law or shall arrange for a driver who meets said standards. The District will not reimburse the cost of travel of a personal nature taken in conjunction with travel on official business. Claim forms shall be submitted within 45 calendar days after the meeting date. Expense claims requiring reimbursement to the District which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. No information on the Per Diem Claim Form may be designated as confidential in nature. All expenses must be fully disclosed on the form. EXHIBIT C OTAY WATER DISTRICT BOARD OF DIRECTORS TRAVEL REQUEST FORM Director: Date of Request: Name and Location of Function: Date(s) function to be held: - Sponsoring Organization: Request for Prepayment of Fees Related to the Function: Expense Type Not Needed Pre-Payment Requested Registration Airline Auto Rental Mileage N/A Taxi/Shuttle N/A Lodging Meals N/A Other Expenses – Explain Below Lodging Preference: Explanation of Other Expenses: Signature of Director Date of Request For Office Use Only Below This Line Date of Board Approval: Expense Type Description Amount Pre- Paid Registration Airline Auto Rental Mileage N/A Taxi/Shuttle N/A Lodging Meals N/A Other Expenses District Secretary Date Processed EXHIBIT D OTAY WATER DISTRICT BOARD OF DIRECTORS EXPENSE CLAIM FORM Pay To: Period Covered: Employee Number: From: To: ITEMIZED REIMBURSEMENT CLAIMED Date Type of Reimbursement Amount TOTAL Reimbursement Claimed: $ Director Signature: Date: GM Receipt: Date: INSTRUCTIONS ON REVERSE EXHIBIT D INSTRUCTIONS FOR PREPARATION OF BOARD OF DIRECTORS EXPENSE CLAIM FORM The necessary expenses incurred while traveling on District business including common carrier fares (economy class), automobile rental charges, District business telephone calls, lodging, baggage handling, parking fees, meals, etc. will be reimbursed when documented on the Director's Per Diem and Expense Claim Forms. Receipts must be attached for all meal expenses. If a receipt is lost, the lost receipt should be noted next to the expense and submitted to the President before any reimbursement can be made. Receipts are required for the reimbursement of all expenses. All receipts must have the nature of the expense and the business purpose noted on the receipt. The District will not reimburse the cost of travel of a personal nature taken in conjunction with travel on official business. Meals shall be reimbursed as per section 3, Meals and Lodging, of this policy (Policy 8). Any receipts that include costs of personal travel (e.g., hotel receipt for employee and spouse) should identify what the cost would have been without personal travel (e.g., single room rate as opposed to double room rate). Claim forms shall be submitted within 45 calendar days after the expense was incurred. Expense claims requiring reimbursement to the District which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. No information on the Expense Claim Form may be designated as confidential in nature. All expenses must be fully disclosed on the form. The following expenses are not reimbursable: a. Alcoholic Beverages d. Laundry service b. Parking or traffic violations e. Entertainment or recreation c. In-room movies f. Expenses incurred by spouses, family members, or guests. ND: 4840-9653-1715, v. 2 OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 1 of 7 Purpose To provide guidelines for payment of compensation and reimbursement of expenses to Directors in connection with their attendance at meetings or the performance of other authorized business, and for group insurance benefits for Directors. Background Members of the Board of Directors (“Directors”) attend regular, adjourned or special meetings of the Board of Directors (“Board”). In addition, Directors attend other District meetings, committee meetings, association meetings, and educational seminars on behalf of the District. These meetings and seminars are related to District business, water and water related issues, and California special districts. State statutes authorize District payments for meetings, reimbursements of expenses. State law also authorizes the District to provide health and welfare benefits for active Directors and, in limited circumstances, retired Directors if they served 12 years and were first elected prior to January 1, 1995. The District is also authorized to offer health and welfare benefits for retired Directors who commenced office on or after January 1, 1995, if the recipient participates on a self-pay basis. Policy The District will compensate Directors on a per diem basis for attendance at authorized meetings or functions and will reimburse Directors for reasonable expenses incurred while traveling on District business to include, lodging, dining, transportation and related incidentals. A. Directors’ Per Diem As provided in Section 1.01 C. of the District Code of Ordinances, each Director shall receive a per diem in the amount of $152 (effective July 1, 2019) for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board, not to exceed a total of ten (10) days in any calendar month. Attendance at any meeting shown on Exhibit A to this Policy shall be deemed a meeting requested or authorized by the Board. Attendance of meetings shall be in accordance with Exhibit A. The President of the Board or the Board may authorize a Director to attend meetings not listed in Exhibit A when the President or the Board determine that it is in the interest of the District that a Director attend, and that such attendance be compensated and expenses reimbursed. Director’s claims for per diem amounts shall be made on a “Board of Directors Per Diem and Mileage Claim Form” (Exhibit B). The President of the Board or the Board may approve reimbursement of expenses outside the per diem limit for a Director, if the Director submits receipts for all of the related District business expenses. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 2 of 7 Attendance at a meeting that is not authorized by this policy (pre- approved meetings) or pre-approved by the President may be approved by the Board for per diem compensation. Director’s seeking per diem compensation for these meetings shall request that the item be presented to the Board at its next regularly scheduled meeting for consideration. The decision of the Board shall be final. When travel arrangements require a day earlier arrival or a day later departure, Directors will be eligible for the $152 per diem and reasonable expenses associated with the extended stay will be reimbursed as specified below. B. Pre-payment of Otherwise Reimbursable Expenses The Director may request pre-payment of registration, transportation, and lodging, using the “Board of Directors Travel Request Form” (Exhibit C). Pre-payments shall be limited to the Director’s expenses only. No advances shall be made on travel expenses. C. Reimbursement of Expenses Each Director shall be reimbursed for travel expenses to and from the meetings described in Exhibit A or for any other authorized District business as follows: 1. Authorization Travel associated with the attendance of meetings or functions for Directors shall be approved in advance by the Otay Water District Board President. To request approval of travel, the Director should complete a “Board of Directors Travel Request Form” (Exhibit B) in order to be eligible for compensation and/or reimbursement. Travel requests will be reviewed and approved by the Board President or the Board. 2. Transportation a. Air Transportation The District will endeavor to purchase airline tickets in advance taking advantage of discounts and low airfares. b. Automobile 1. Personal Auto: Directors may use their personal vehicle. The District will reimburse Directors at the current rate/mile as established by the IRS, plus tolls, parking, etc., provided, however, if air transportation is available, the total amount of expense paid shall be limited to the cost of coach air travel between points traveled by personal vehicle. Gasoline, collision and OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 3 of 7 liability insurance, and maintenance will be provided by the Director and is deemed covered in the rate/mileage reimbursement. Directors using personal vehicles on District business must maintain a valid California driver’s license and the automobile insurance coverage required by the State of California, or make arrangements for a driver who meets the above requirements. 2. Rental Cars: The District will provide a rental car when needed. Such rental car shall be a compact or mid-size class, unless upgrades are offered at no additional cost to the District. c. Miscellaneous Transportation Whenever practicable, bus, taxi, rail, shuttle, etc. transportation may be used in lieu of, or in conjunction with, modes above. 3. Meals and Lodging a. Meals and Beverages Whenever travel requires meals, the meals, excluding gratuity, shall be reimbursable, provided the Director presents a receipt along with the “Board of Directors Expense Claim Form” (Exhibit D) for all meals. Reimbursements for expense items where a receipt has been lost will not be paid until the President or the Board has reviewed and approved the expense item. Meals are reimbursable based on the Meals and Incidental Expenses (M&IE) as updated by the U.S. General Services Administration: 1. Full Day Reimbursement When a Director is traveling for a full day and no meals are provided for by other sources, such as pre-paid registration, the Director may be reimbursed for meal expenses at the rate provided by the M&IE per day. This amount is exclusive of any gratuities. 2. Single Meal Reimbursement When a Director requires reimbursement for a single meal while traveling, the maximum meal reimbursement amount shall be at a rate provided by the M&IE for Breakfast, lunch, and/or dinner, or amounts determined by the President or the Board to be reasonable for the occasion or OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 4 of 7 circumstances. These amounts and any amount approved by the President or Board shall exclude gratuities. 3. Partial Day Reimbursement When a director will be traveling for a partial day or where a single meal is provided for by other sources such as pre-paid registration, the maximum reimbursement amount shall be at the rate provided by the M&IE per meal, or such other amounts as may be determined by the President or the Board to be reasonable for the occasion or circumstances. In any event all amounts to be reimbursed shall exclude any gratuities. 4. Taxes The maximum meal reimbursement amounts are inclusive of and assume expenses for taxes. The maximum meal reimbursements shall exclude any and all gratuities. b. Lodging The District will reimburse Directors or pre-pay accommodations in single rooms at conference facilities or in close proximity when applicable. Or, in the absence of conference accommodations, normal single- room business, government or commercial class accommodation may be obtained. Under normal circumstances, lodging will not be reimbursed for the night before a conference starts and the night after it ends. However, in situations where available travel schedules would require the Director to leave home before 6:00 AM or return to home after 12:00 AM, lodging for the night before or the night after will be reimbursable. 4. Entertainment The District shall not cover any expenses incurred for recreation or entertainment. 5. Incidental Expenses Unavoidable, necessary and reasonable authorized expenses will be fully reimbursed by the District. Some examples of allowable expenses are: a. Reasonable transportation to local restaurants and to optional functions that are a part of conference events. b. Parking fees. OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 5 of 7 c. The following expenses are not reimbursable: 1. Alcoholic beverages 2. Parking or traffic violations 3. In-room movies or laundry services 6. Director's Responsibility a. Directors must submit a detailed “Board of Directors Expense Claim Form” for reimbursement. Claim forms should be supported by vouchers and itemized receipts of expenditures for which reimbursement is being requested. Receipts must be attached for all expenses. If a receipt is lost, the lost receipt must be noted on the “Board of Directors Expense Claim Form” (Exhibit D) and approved by the President or the Board before any payment can be made. Claim forms shall be submitted within 45 calendar days after the expense was incurred. Expense claims requiring reimbursement to the District, which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. b. Expenses will not be reimbursed for meetings that have been pre-paid and not attended. The President or the Board may excuse an absence for a meeting. The absent Director shall provide a verbal or written report at the next regularly scheduled Board meeting stating the reason for the absence and, if appropriate, request that it be excused. Directors will be required to reimburse the District for any pre-paid expenses for any unexcused absence. This reimbursement will be made by deduction from future expenditures. c. When two (2) or more Directors combine an expense on one receipt, the Director requesting reimbursement should indicate, on or attached to the Director’s “Board of Directors Expense Claim Form” the identity of the other persons sharing expenses. This will facilitate appropriate allocation of expenses to each participant. d. Expenses incurred by spouses, family members, or guests are the responsibility of the Director. e. The District shall, at least annually, provide a report to disclose any reimbursement paid by the District within the immediately preceding fiscal year of at least $100 for each individual charge for services or product received. “Individual charge” (as defined in California Government Code Section 53065.5) includes, but is not limited to, one OTAY WATER DISTRICT BOARD OF DIRECTORS POLICY Subject Policy Number Date Adopted Date Revised DIRECTORS COMPENSATION, REIMBURSEMENT OF EXPENSES AND GROUP INSURANCE BENEFITS 08 2/20/91 4/3/19 Page 6 of 7 meal, lodging for one day, transportation, or a registration fee. D. District Group Insurance Benefits 1. Each Director, while serving as a member of the Board of Directors, shall be entitled to the health and welfare and life insurance benefits set forth in the Schedule of Benefits in the District Group Insurance Plan Booklet, which benefits are furnished by the District at District cost, with applicable contributions, for active District employees and Directors. Each active Director shall also be entitled to a $65,000 term life and accidental death and dismemberment insurance policy (subject to policy requirements and any standard age reduction schedule), a $100,000 travel accidental death and dismemberment policy. In addition to the foregoing, the District will pay premiums for additional individual life insurance coverage in an amount of up to $250,000 for a 20 year term for those active Directors who apply for such coverage with the District’s provider and meet the provider’s standard underwriting guidelines and policy requirements. If coverage at higher amounts or for a longer term is made available by the provider, each Director may purchase such additional coverage on a self-pay basis. 2. Each former member of the Board of Directors, who served in office after January 1, 1981, who was elected to a term of office that began before January 1, 1995, who is at least 60 years of age, and whose total service at the time of termination is not less than 12 years, shall be entitled to the health and welfare and life insurance benefits set forth in the District Group Insurance Plan Booklet, which benefits are furnished by the District, at District cost, for retired Directors. E.Miscellaneous Cell Phone expenses are not considered a reimbuseable expense Attachments Exhibit A: Approved Function List Exhibit B: “Board of Directors Per Diem and Mileage Claim Form” Exhibit C: “Board of Directors Travel Request Form” Exhibit D: “Board of Directors Expense Claim Form” EXHIBIT A Approved Functions List Board Policy for payment of per diem compensation and expenses for Director attendance at District meetings: The Board reviews its authorization and policy for payment of per diem compensation forpre-approved meetings annually, in January following reorganization of the Board and election of a new President. Below is the current Board policy: 1. The following meetings are pre-approved for all Directors to attend and receive per diem compensation and expense reimbursement:  Otay Water District Regular and Special Board Meetings  Otay committee meetings for committee members only  Otay business meetings called by the General Manager and authorized by the President of the Board where individual Directors are requested to attend  Except as otherwise specifically excluded in this policy, official District functions that take place during normal business hours where Directors are requested to attend by either the Board President or the Board  Semi-annual conference of the Association of California Water Agencies  Regular quarterly meetings of the Water Agencies Association of San Diego County  Regularly monthly meeting of Council of Water Utilities  Business meetings and conferences of the California Special District Association held in San Diego County All other meetings not listed here require pre-approval by the President or Board for Directors to receive per diem compensation and/or expense reimbursement. 2. The following meetings are pre-approved for designated Otay Director representatives or designated alternate. The District Secretary will maintain an updated list of designated Director representatives. Any other Director who wishes to attend these meetings and receive a per diem must have approval from the President or Board prior to the event or be designated by the President or Board, as an alternate. The pre-approval shall include the attendance of the Director at the commission, committee, board or meeting and any committee, subcommittee or other official or posted meeting of the agencies, commissions, committees or boards listed below: EXHIBIT A  Planning Group and City Commission meetings that fall within the boundaries of each directors district (when issues impacting OWD are discussed)  Inter-Agency Committee Meeting  METRO (TAC/AFFORD) Commission  ACWA or CSDA meetings/conferences  Water Conservation Garden  WateReuse Association  South County Economic Development Council 3. The Board President or his designee is pre-authorized to attend District business meetings with cities and other agencies to represent Otay Water District, and may claim a per diem and expenses. Any other Director desiring to attend the same meeting of this nature would require approval to attend from the President or the Board in order to receive a per diem and expense reimbursement. 4. When the President or the Board appoints a director(s) to a committee, the meeting(s) shall be considered pre-approved for per diem and expense reimbursement. 5. The following meeting requires pre-approval by the Board President or Board of Directors to receive per diem and expense reimbursement:  Regional and/or local Chamber of Commerce business or board meetings where the District maintains a membership 6. The following meetings are not eligible for pre-approved per diem claims: a) Attending other Districts’ Board meetings b) Otay employee appreciation breakfast, luncheons or dinners c) Retirement receptions d) Otay picnics or dinner-dances or other purely social events e) If a per diem reimbursement is provided by another agency (i.e. San Diego County Water Authority and the Metro Commission) f) First Friday Breakfasts unless presenting Otay official business to the assembly g) Any political campaign event or function 7. In order to submit a per diem/travel reimbursement the member must attend at least 50% of the meeting (per day) and the reimbursement request must be submitted within 45 days of the occurrence, otherwise it may be considered attended without per diem. The President of the Board will make the final determination. EXHIBIT A 8. All other meetings/conferences/tours/seminars/ workshops/functions not listed in this policy must be pre- approved by the Board President or the Board. EXHIBIT B (Director’s Signature) GM Receipt: Date: FOR OFFICE USE: TOTAL MILEAGE REIMBURSEMENT: $ OTAY WATER DISTRICT BOARD OF DIRECTORS PER-DIEM AND MILEAGE CLAIM FORM Pay To: Period Covered: Employee Number: From: To: ITEM DATE MEETING PURPOSE / ISSUES DISCUSSED MILEAGE HOME to OWD OWD to HOME MILEAGE OTHER LOCATIONS Total Meeting Per Diem: $ ($145 per meeting) Total Mileage Claimed: miles EXHIBIT B INSTRUCTIONS ON REVERSE EXHIBIT B INSTRUCTIONS FOR PREPARATION OF BOARD OF DIRECTORS PER DIEM CLAIM FORM 1. Record the date, and name or purpose/issues discussed of meeting attended on behalf of the District. Note: The District will pay Director's per-diem for one meeting/ function per day and the maximum of 10 meetings/functions per month. If a Director attends more than 10 meetings/functions (10 days), the District will reimburse for the mileage and any reimbursable out-of- pocket expenses incurred for these additional meetings. 2. Record number of miles (round trip) driven to attend meeting/ function. The use of personal vehicles in the conduct of official District business shall be reimbursed at the current Internal Revenue Service rate. The Director's expense claim should indicate the nature of the trip. If a trip begins at home, the District will reimburse the mileage from home to destination and return mileage. District insurance does not cover personal vehicles while they are being driven on District business. The reimbursement rate is inclusive of an allowance for insurance costs. The District will reimburse Directors for the deductible under their personal insurance policy should they be involved in an accident while on District business. To be eligible for reimbursement, each Director shall maintain a current California driver’s license and at least the minimum vehicle liability insurance required by State law or shall arrange for a driver who meets said standards. The District will not reimburse the cost of travel of a personal nature taken in conjunction with travel on official business. Claim forms shall be submitted within 45 calendar days after the meeting date. Expense claims requiring reimbursement to the District which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. No information on the Per Diem Claim Form may be designated as confidential in nature. All expenses must be fully disclosed on the form. EXHIBIT C OTAY WATER DISTRICT BOARD OF DIRECTORS TRAVEL REQUEST FORM Director: Date of Request: Name and Location of Function: Date(s) function to be held: - Sponsoring Organization: Request for Prepayment of Fees Related to the Function: Expense Type Not Needed Pre-Payment Requested Registration Airline Auto Rental Mileage N/A Taxi/Shuttle N/A Lodging Meals N/A Other Expenses – Explain Below Lodging Preference: Explanation of Other Expenses: Signature of Director Date of Request For Office Use Only Below This Line Date of Board Approval: Expense Type Description Amount Pre- Paid Registration Airline Auto Rental Mileage N/A Taxi/Shuttle N/A Lodging Meals N/A Other Expenses District Secretary Date Processed EXHIBIT D OTAY WATER DISTRICT BOARD OF DIRECTORS EXPENSE CLAIM FORM Pay To: Period Covered: Employee Number: From: To: ITEMIZED REIMBURSEMENT CLAIMED Date Type of Reimbursement Amount TOTAL Reimbursement Claimed: $ Director Signature: Date: GM Receipt: Date: INSTRUCTIONS ON REVERSE EXHIBIT D INSTRUCTIONS FOR PREPARATION OF BOARD OF DIRECTORS EXPENSE CLAIM FORM The necessary expenses incurred while traveling on District business including common carrier fares (economy class), automobile rental charges, District business telephone calls, lodging, baggage handling, parking fees, meals, etc. will be reimbursed when documented on the Director's Per Diem and Expense Claim Forms. Receipts must be attached for all meal expenses. If a receipt is lost, the lost receipt should be noted next to the expense and submitted to the President before any reimbursement can be made. Receipts are required for the reimbursement of all expenses. All receipts must have the nature of the expense and the business purpose noted on the receipt. The District will not reimburse the cost of travel of a personal nature taken in conjunction with travel on official business. Meals shall be reimbursed as per section 3, Meals and Lodging, of this policy (Policy 8). Any receipts that include costs of personal travel (e.g., hotel receipt for employee and spouse) should identify what the cost would have been without personal travel (e.g., single room rate as opposed to double room rate). Claim forms shall be submitted within 45 calendar days after the expense was incurred. Expense claims requiring reimbursement to the District which are not reconciled within 45 calendar days, shall be deducted from the next month’s reimbursement. No information on the Expense Claim Form may be designated as confidential in nature. All expenses must be fully disclosed on the form. The following expenses are not reimbursable: a. Alcoholic Beverages d. Laundry service b. Parking or traffic violations e. Entertainment or recreation c. In-room movies f. Expenses incurred by spouses, family members, or guests. ND: 4840-9653-1715, v. 2 ORDINANCE NO. 573 ORDINANCE OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT INCREASING THE COMPENSATION TO BE PAID TO MEMBERS OF THE BOARD OF DIRECTORS FOR COMPENSATION FOR EACH DAY OF ATTENDANCE AT MEETINGS OF THE BOARD OR FOR EACH DAY OF SERVICE RENDERED AS A DIRECTOR WHEREAS, California Water Code Section 20200 et seq. sets forth the authority and procedure for establishing per diem compensation for the Board of Directors for occurrences constituting District business, official duties or each day's service rendered as a Director at the request of the Board, as a "day’s service" is defined and authorized by separate District resolution and updated from time to time; and WHEREAS, the California Water Code authorizes an increase in the per diem compensation that the Board of Directors may receive of up to five percent (5%) for each calendar year from the effective date of the last increase, and limits the total compensation that may be received to a maximum of ten (10) days per calendar month; and WHEREAS, the last adjustment in compensation for the Board of Directors occurred effective July 1, 2018; and WHEREAS, the Board of Directors seeks to increase the amount of compensation in accordance with the provisions of the California Water Code; and WHEREAS, Section 20204 of the California Water Code provides that the ordinance increasing compensation to be paid board members shall become effective sixty (60) days from the date of its final passage; and WHEREAS, in accordance with Section 20203 of the California Water Code and Section 6066 of the California Government Code, a public hearing was held before the Board at its regular meeting on April 3, 2019, at 3:30 p.m., or soon thereafter as was practicable, at the District’s administrative building located at 2554 Sweetwater Springs Boulevard, Spring Valley, California 91978, and a notice of said hearing was duly published in the San Diego Union-Tribune, a newspaper of general circulation, once a week for two weeks as follows: on March 19, and March 26, 2019. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT DOES HEREBY PROMULGATE ORDINANCE NO. 573 AND DOES ORDAIN AS FOLLOWS: Section 1. Beginning on July 1, 2019, and continuing until modified by Board action, the per diem compensation for Directors of Otay Water District is increased to One Hundred Fifty Two Dollars ($152) for each day of attendance at meetings of the Board or for each day of service rendered as a Director by request or authorization of the Board. Said increase does not exceed five percent (5%) for each calendar year since the effective date of the last increase; and Section 2. In accordance with Section 20202 of the California Water Code, no member of the Board of Directors shall receive the compensation set forth in Section 1 of this Ordinance for more than ten (10) days in any calendar month. Section 3. This Ordinance shall take effect on July 1, 2019, pursuant to Section 20204 of the California Water Code. Section 4. All ordinances, resolutions, or administrative actions by the Board of Directors, or parts thereof, that are inconsistent with any provision of this Ordinance are hereby superseded only to the extent of such inconsistency. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 3rd day of April, 2019. Ayes: Noes: Abstain: Absent: President ATTEST: District Secretary RESOLUTION NO. 4361 RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT AMENDING BOARD OF DIRECTORS POLICY NO. 8, REIMBURSEMENT OF EXPENSES. WHEREAS, the Otay Water District Board of Directors Policy No. 8 provides for, among other things, per diem compensation for Directors and reimbursement of expenses which are the personal responsibility of the Directors. WHEREAS, a revision to Otay Water District Board of Directors Policy No. 8 is required to reflect the Directors’ increased per diem compensation of One Hundred Fifty Two Dollars ($152) effective July 1, 2019, following the Board’s adoption of Ordinance 573 after a properly noticed public hearing at its regular meeting on April 3, 2019. WHEREAS, a revision to Policy No. 8 is required to align the Policy provisions with District practice concerning certain expenditures which are the personal responsibility of the Directors. WHEREAS, the amendments to Policy No. 8 to align the policy provisions with Ordinance 573 and with District practice, are in the District’s interest. WHEREAS, the strike-through copy of the proposed policy is attached as Exhibit 1 to this resolution; and WHEREAS, the Board has reviewed and considered the proposed amendments to Policy No. 8. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Board of Directors of the Otay Water District that the above stated recitals are incorporated herein by reference; BE IT RESOLVED FURTHER that the amended Policy No. 8, incorporated herein as Exhibit 2, is hereby adopted. FINALLY BE IT RESOLVED that this resolution shall be in full force and effect immediately after its passage and approval. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Otay Water District at a regular meeting held this 3rd day of April, 2019. Ayes: Noes: Abstain: Absent: President ATTEST: District Secretary STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: April 3, 2019 SUBMITTED BY: Dan Martin Assistant Chief of Engineering PROJECT: P2083-001103 P2562-001103 DIV. NO. 2 APPROVED BY: Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Approval of Change Order No. 3 to the Construction Contract with Pacific Hydrotech Corporation for the 870-2 Pump Station Replacement Project GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) approve Change Order No. 3 to the existing construction contract with Pacific Hydrotech Corporation (Pacific Hydrotech) in the amount of $64,864.00 for the 870-2 Pump Station Replacement Project (see Exhibits A and B for Project location). COMMITTEE ACTION: Please see Attachment A. PURPOSE: To obtain Board authorization for the General Manager to execute Change Order No. 3 in the amount of $64,864.00 to the construction contract with Pacific Hydrotech for the 870-2 Pump Station Replacement Project. 2 ANALYSIS: The District’s existing High Head (870-1) and Low Head (571-1) Pump Stations constructed in 1962 and 1966, respectively, have reached the end of their useful lives. The 870-2 Pump Station Project will replace these facilities and includes replacement of existing Reservoir inlet/outlet piping, construction of recirculation system pumps, and a chloramine disinfection booster system. Improvements of the access road and the installation of utilities for electrical, gas, sewer, and communication services are also included. The 870-2 Pump Station Replacement Project also includes the replacement of the 571-1 Reservoir (36.7 MG) floating cover and liner. The 571-1 Reservoir was originally built in 1967. In 1993 the District retrofitted the existing Reservoir to install a reservoir liner and floating cover. The existing liner and floating cover were more than 24 years old and nearing the end of their useful life. As part of the overall Project, the existing Reservoir outlet stub-out piping located beneath the Reservoir will be replaced, which will allow the new 870-2 Pump Station to simultaneously perform its primary function (pump from the 571-1 Reservoir to the 870-1 Reservoir), recirculate the 571-1 Reservoir, and also achieve a future function (pump from the 571-1 Reservoir to the 624 Pressure Zone). The replacement of the cover and liner under this Project mitigates having to take this critical Reservoir out of service a second time within the next few years. The demolition of the Low Head and High Head Pump Stations will be completed at a later date (not part of this Project) when the new 870-2 Pump Station has been brought on line and completed its warranty period. At the July 5, 2017 Board Meeting, the Board awarded a construction contract in the amount of $16,925,900.00 to Pacific Hydrotech. Since the award of the construction contract, there have been two (2) change orders approved under the authority granted to the General Manager. Change Order No. 1, which totaled $26,269.83, compensated the contractor for changes associated with the 571-1 Reservoir cover and liner improvements. These changes included provisions for additional cover buoyancy floats; replacement of existing unsalvageable batten bar anchor bolts; contractor reservoir disinfection in lieu of contract specified District disinfection; weather related days; and an adjustment to the contract milestone date for the 571-1 Reservoir. In total, Change Order No. 1 added 27 days to the contract. 3 Change Order No. 2, which totaled $48,698.12, compensated the contractor for changes including the following: modifications to the new electric meter room to accommodate San Diego Gas & Electric accessibility requirements; modifications to provide two (2) 250- gallon aqueous ammonia tanks in lieu of one (1) 550-gallon tank to better serve station operations; provisions for two (2) 30-inch magnetic flow meters in lieu of ultrasonic flow meters to provide more resiliency and flexibility with anticipated flow conditions; and repairs to an existing rectifier electrical conduit adjacent to the access road. Change Order No. 2 also addressed contract time including weather days. In total, Change Order No. 2 added 16 days to the contract. Change Order No. 3, which is the subject of this staff report, provides for the following ten (10) items as detailed in the attached Exhibit C: 1. Implementing the necessary finish plumbing modifications and bathroom fixtures to complete the station’s bathroom. 2. Modifications to the dimensions of the backup generator concrete foundation pad to accommodate the anchor bolt edge distances and vibration isolator mounting plates. 3. Addition of structural support members to adequately support the heating, ventilation, and air-conditioning (HVAC) equipment and emergency generator muffler. 4. Revisions to the stations louvers and associated masonry to reduce noise from the exterior pump engines from entering the building’s pump room. 5. Installation of door louvers for the compressor room doors to mitigate negative pressure. 6. Increasing the 16-inch discharge piping on the 570 zone (recirculation) pumps to 18-inches to reduce anticipated pipe velocities and minimize resultant pipe system vibration. 7. Revisions to provide a sewn protective thermal insulation jacket with clips in lieu of the specified thermal insulation system for the emergency generator muffler and exhaust piping to facilitate removal and reinstallation during maintenance. 8. Modifying the emergency generator exhaust roof penetration to simplify future muffler removal/servicing and increasing roof flashing performance and reliability. 9. Consolidation of exterior lighting controls in a new contactor and control panel. 10. Granting contract time in accordance with the contract due to weather impacts. In total, the cost associated with the items in Change Order No. 3 is $64,864.00. Time impacts associated with this change are also provided in Exhibit C. In total, the twenty five (25) additional days added to the contract will result in a revised total contract duration of 868 calendar days. 4 FISCAL IMPACT: Joe Beachem, Chief Financial Officer The total budget for CIP P2083, as approved in the FY 2019 budget, is $18,950,000.00. Total expenditures, plus outstanding commitments and forecast, including this contract, are $18,948,691. See Attachment B-1 for the budget detail. The total budget for CIP P2562, as approved in the FY 2019 budget, is $2,900,000.00. Total expenditures, plus outstanding commitments and forecast, including this contract, are $2,899,446. See Attachment B- 2 for the budget detail. Based on a review of the financial budget, the Project Manager anticipates that the budgets are sufficient to support the Project. The Finance Department has determined that, under the current rate model, 100% of the funding will be available from the Replacement Fund for CIP P2083 and for CIP P2562. STRATEGIC GOAL: This Project supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsible manner” and the District’s Vision, “To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices.” LEGAL IMPACT: None. DM:jf P:\WORKING\CIP P2083 870-2 Pump Station Replacement\Staff Reports\BD 04-03-19\BD 04-03-19 Staff Report CO No. 3 for 870-2 PS.docx Attachments: Attachment A – Committee Action Attachment B1 – P2083 Budget Detail Attachment B2 - P2562 Budget Detail Exhibit A – 870-2 Pump Station Project Location Exhibit B - 870-2 Pump Station Project Detail Map Exhibit C – Change Order No. 3 ATTACHMENT A SUBJECT/PROJECT: P2083-001103 P2562-001103 Approval of Change Order No. 3 to the Construction Contract with Pacific Hydrotech Corporation for the 870-2 Pump Station and the 571-1 Reservoir Floating Cover and Liner Replacement Projects COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on March 21, 2019 and the following comments were made: • Staff reviewed the staff report with the Committee and recommended that the Board approve Change Order No. 3 to the existing construction contract with Pacific Hydrotech Corporation (Pacific Hydrotech) in the amount of $64,864.00 for the 870-2 Pump Station Replacement Project. • Staff provided a background of Change Orders No. 1 and 2 and discussed details of Change Order No. 3. Details of Change Order No. 3 are provided on page 3 of the staff report. • It was noted that the total cost associated with the items in Change Order No. 3 is $64,864.00. Time impacts associated with this change are also provided in Exhibit C of the staff report. Staff indicated that in total, the twenty-five (25) additional days added to the contract will result in a revised total contract duration of 868 calendar days. • The Committee inquired if Item 3 (Additional Structural Support) of the change order was recommended by District staff or contractors. Staff stated that both staff and contractors determined that additional structural support members were required to adequately support the heating, ventilation and air- conditioning equipment and emergency generator muffler. • The Committee inquired if Item 4 (Revisions to the Stations Louvers and Associated Masonry to Reduce Noise) of the change order will lessen internal or external noise. Staff stated that this implementation would reduce internal noise to the station. • In response to an inquiry by the Committee regarding design errors, staff noted that the project’s change order rate is currently 0.8 percent. Staff also noted that costs associated with design errors are pursued when it is determined to be in the best interest of the District. Following the discussion, the committee supported staff’s recommendation and presentation to the full board as a consent item. ATTACHMENT B-1 – P2083 Budget Detail SUBJECT/PROJECT: P2083-001103 P2562-001103 Approval of Change Order No. 3 to the Construction Contract with Pacific Hydrotech Corporation for the 870-2 Pump Station and the 571-1 Reservoir Floating Cover and Liner Replacement Projects Date: 3/04/19 Budget 18,950,000 Planning Consultant Contracts 48,000 34,948 13,052 48,000 HELIX ENVIRONMNTL PLANNING INC 17,094 17,094 - 17,094 JONES & STOKES ASSOCIATES INC 210,674 210,674 - 210,674 ICF JONES & STOKES INC Regulatory Agency Fees 2,109 2,109 - 2,109 CA DEPT OF FISH & WILDLIFE 720 720 - 720 CALIFORNIA REGIONAL WATER 1,570 1,570 - 1,570 SAN DIEGO COUNTY WATER AUTH 1,760 1,760 - 1,760 STATE WATER RESOURCES Service Contracts 2,260 2,260 - 2,260 COUNTY OF SAN DIEGO 164 164 - 164 SAN DIEGO DAILY TRANSCRIPT 505 505 - 505 THE SAN DIEGO UNION-TRIBUNE Standard Salaries 200,000 181,855 18,145 200,000 Fixed Asset 580,444 580,444 - 580,444 Total Planning 1,065,301 1,034,104 31,197 1,065,301 Design 001102 Consultant Contracts 136 136 - 136 THE WATCHLIGHT CORPORATION 4,850 4,850 - 4,850 BURKETT & WONG ENGINEERS INC 14,068 14,068 - 14,068 SOUTHERN CALIFORNIA SOIL 3,034 3,034 - 3,034 RICK ENGINEERING COMPANY 4,625 4,625 - 4,625 ROGER B WOODHULL 22,149 22,149 - 22,149 NINYO & MOORE GEOTECHNICAL AND 10,484 10,484 - 10,484 HUNSAKER & ASSOCIATES 6,086 6,086 - 6,086 HDR ENGINEERING INC 682,870 682,870 - 682,870 CAROLLO ENGINEERS INC 7,974 7,974 - 7,974 AEGIS ENGINEERING MGMT INC Regulatory Agency Fees 3,694 3,694 - 3,694 SAN DIEGO GAS & ELECTRIC 16,511 16,511 - 16,511 COUNTY OF SAN DIEGO Service Contracts 98 98 - 98 DAILY JOURNAL CORPORATION Standard Salaries 677,054 677,054 - 677,054 Supplier Contracts 5,350 5,350 - 5,350 INLAND AERIAL SURVEYS INC Total Design 1,458,983 1,458,983 - 1,458,983 Construction Construction Contracts - - - 13,735,098 6,874,466 6,860,632 13,735,098 PACIFIC HYDROTECH CORPORATION 64,864 - 64,864 64,864 Pacific Hydrotech Co. CO No. 3 722,900 364,249 358,651 722,900 PACIFIC WESTERN BANK Consultant Contracts 417,983 329,281 88,702 417,983 CAROLLO ENGINEERS INC 1,319 1,319 - 1,319 NINYO & MOORE GEOTECHNICAL AND 17,623 17,623 - 17,623 RBF CONSULTING 780,772 447,366 333,407 780,772 MICHAEL BAKER INT'L INC 438 438 - 438 NINYO & MOORE GEOTECHNICAL OTHER AGENCY FEES 3,334 3,334 - 3,334 COUNTY OF SAN DIEGO 164,774 164,774 - 164,774 SAN DIEGO GAS & ELECTRIC Professional Legal Fees 276 276 - 276 ARTIANO SHINOFF 280 280 - 280 STUTZ ARTIANO SHINOFF Service Contracts 3,628 3,628 - 3,628 MAYER REPROGRAPHICS INC 119 119 - 119 SAN DIEGO DAILY TRANSCRIPT Standard Salaries 210,000 135,500 74,500 210,000 20,000 - 20,000 20,000 Security System 30,000 - 30,000 30,000 County Access Road Inspection 126,000 - 126,000 126,000 Environmental Offsite Mitigation 10,000 - 10,000 10,000 AT&T Connection Contingency 115,000 - 115,000 115,000 0.8% of Construction Contract Total Construction 16,424,407 8,342,651 8,081,756 16,424,407 Grand Total 18,948,691 10,835,737 8,112,953 18,948,691 Vendor/Comments Otay Water District p2083-PS -870-2 Pump Station Committed Expenditures Outstanding Commitment & Forecast Projected Final Cost ATTACHMENT B-2 – P2562 Budget Detail SUBJECT/PROJECT: P2083-001103 P2562-001103 Approval of Change Order No. 3 to the Construction Contract with Pacific Hydrotech Corporation for the 870-2 Pump Station and the 571-1 Reservoir Floating Cover and Liner Replacement Projects Date: 3/4/2019 Budget 2,900,000 Planning Regulatory Agency Fees 50 50 - 50 PETTY CASH CUSTODIAN Total Planning 50 50 - 50 Design 001102 Standard Salaries 51,320 51,320 - 51,320 Total Design 51,320 51,320 - 51,320 Construction Standard Salaries 30,000 15,916 14,084 30,000 150,000 129,300 20,700 150,000 MICHAEL BAKER INT'L INC 2,415,726 2,384,358 31,368 2,415,726 PACIFIC HYDROTECH CORPORATION 127,143 125,493 1,651 127,143 PACIFIC WESTERN BANK 206 206 - 206 CLARKSON LAB & SUPPLY 125,000 - 125,000 125,000 Project Contingency 4.9% Total Construction 2,848,076 2,655,273 192,803 2,848,076 Grand Total 2,899,446 2,706,643 192,803 2,899,446 Vendor/Comments Otay Water District p2562-Res - 571-1 Reservoir Cover/Liner Replac Committed Expenditures Outstanding Commitment & Forecast Projected Final Cost OTAY WATER DISTRICT870-2 PUMP STATIONLOCATION MAP EXHIBIT A CIP P2083F P:\WORKING\CIP P2083 870-2 Pump Station Replacement\Graphics\Exhibits-Figures\Exhibit A, Location Map, May 2016.mxd ROLLRESERVOIR(571-1) LOW HEADPUMP STATION HIGH HEADPUMPSTATION FOR PROJECT DETAILSEE EXHIBIT B ACCESS FROMALTA RD OWD PROPERTY LINE(APPROX) FirearmsTrainingFacility VICINITY MAP PROJECT SITE NTSDIV 5 DIV 1 DIV 2 DIV 4 DIV 3 !\ ?ò Aä ?Ë ;&s ?p F 0 250125 Feet OTAY WATER DISTRICT870-2 PUMP STATIONPROJECT DETAIL MAP EXHIBIT B CIP P2083F P:\WORKING\CIP P2083 870-2 Pump Station Replacement\Graphics\Exhibits-Figures\Exhibit B, Project Detail Map, May 2016.mxd 0 10050 Feet Legend ExistingEasementOWD ExistingParcelOWD ExistingEasementSDGE ProposedStructure ProposedWater ProposedStormDrain ProposedSewer ProposedGas ProposedSiteCivil ExistingWaterOWD  Contract / P.O. Change Order No. 3 page 2 of 3 Description of Work Description Increase Decrease Time Item No. 1: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for modifications to Room P104 (Closet Room) per RFP 002. $5,980.00 2 Item No. 2: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for modifications to the backup generator concrete foundation pad per COR 018. $7,038.00 1 Item No. 3: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides additional HVAC and muffler support structural members per COR 019. $11,642.00 3 Item No. 4: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for louver and pilaster modifications per RFP 009. $7,007.00 3 Item No. 5: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides door louvers to Room P104 (Air Compressor Room) per COR 27. $778.00 0 Item No. 6: Charges attributable to the 870-2 PS (CIP 2083). This Change Order increases the 570-zone pump discharge pipe size to 18-inch per COR 28. $9,777.00 0 Item No. 7: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for modifications to the emergency generator thermal insulation requirements per COR 030. $12,060.00 1 Item No. 8: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for modifications to the emergency generator exhaust roof penetration per COR 033. $4,534.00 0 Item No. 9: Charges attributable to the 870-2 PS (CIP 2083). This Change Order provides for modifications to exterior lighting controls per RFP 007A. $6,048.00 3 Item No. 10: Add twelve (12) calendar days due to weather impacts per Contract Specifications 00700-8.5 $0.00 $0.00 12 Sub Total Amount $64,864.00 $0.00 25 Total Net Change Order Amount $64,864.00 Reason: Item No. 1: The Contract provided sewer and water connections to Room P104 for future conversion to a unisex bathroom. It was determined to implement the conversion as part of construction operations. This Change Order is required to provide and implement the necessary finish plumbing modifications and bathroom fixtures to change the purpose of the room from a closet to a bathroom per RFP 002. Contract / P.O. Change Order No. 3 page 3 of 3 Item No. 2: The Contract included a 5-foot 6-inch by 16-foot 4-inch structural concrete foundation pad for the emergency generator. Subsequent to submittal approval it was determined that a 10-foot by 22-foot structural concrete foundation pad was required to support the generator and provide anchor bolt edge distances for the vibration isolator mounting plates. This change order provides for the required structural concrete foundation pad size revision per COR 018. Item No. 3: During submittal review it was determined that additional structural support members were required to adequately support the heating, ventilation and air-conditioning (HVAC) equipment and emergency generator muffler. This change order is required to provide the additional support members per COR 019. Item No. 4: The Contract Documents provided seven louvers along the East wall of the pump room. During pump station layout it was determined that relocation of the louvers from the East wall would substantially reduce the amount of noise from exterior pump engines (located outside the East wall) from entering the pump room. The total square footage of louver did not materially change and was implemented at no cost. Due to the 10-foot by 12-foot masonry opening required to accommodate a single louver two additional pilasters were required to support the South pump room wall. This change order is required to implement the changes per RFP 009. Item No. 5: The Contract Documents did not provide for exterior make-up air to compressor room (P104). During submittal review it was determined that door louvers were required to mitigate the potential for generating negative pressure in the room during extended compressor operating periods. This change order is required to install a one square foot louver in each compressor room door per COR 027. Item No. 6: The Contract Documents included 16-inch discharge piping on the 570 zone (recirculation) pumps. During submittal review it was determined to increase discharge pipe diameter to 18-inch thereby reducing anticipated velocities and minimizing resultant pipe system vibration. This change order is required to implement the modification per COR 028. Item No. 7: The Contract Documents included unsewn protective thermal insulation wired to the emergency generator muffler and exhaust piping. During submittal review it was determined that the project would benefit from a sewn and easily removable jacketed insulation to facilitate future servicing while increasing longevity. It was determined to modify the requirements to include a custom sewn insulation jacket with clips to facilitate maintenance removal while increasing service life. This change order is required to implement the modification per COR 030. Item No. 8: The Contract Documents included a specialized detail to support the emergency generator exhaust roof penetration resulting in a complex flashing and waterproofing condition. Additionally, based upon the generator exhaust layout an additional structural support would have been required as support. Discussions revealed an alternate penetration method mitigating the flashing complexity and need for an additional structural support member. It was determined to proceed with a thimble roof penetration detail which will simplify future muffler removal for potential servicing and increase roof flashing performance and reliability. This change order is required to implement the modification per COR 033. Item No. 9: During construction the designer issued revisions to the lighting control system in response to RFI 118 resulting in consolidation of exterior lighting controls in a new contactor and control panel. This change order is required to implement the modification per RFP 007A. Item No. 10: Contract Documents Section 00700-8.5 provides for no cost time extensions due to weather impacts on the project progress. Weather impacted the project twelve (12) days between January 24, 2018 and February 28, 2019. The project was impacted on February 1, 4, 5, 6, 7, 8, 14, 15, 19, 20, 21 and 22, 2019 due to weather. 870-2 Pump Station Replacement Project Project: P2083/P2562 Consultant/Contractor: Pacific Hydrotech Corporation Subproject: 001103 APPROVED C.O.AMOUNT BY DATE DESCRIPTION TYPE C.O. 1 $26,269.83 GM 5/18/2018 Change order provides for additional buoyancey floats, anchor bolts, and a modified disinfection procedure for the 571-1 Reservoir. Also addresses contract time for weather. Contractor 2 $48,698.12 GM 1/29/2019 Electric service room modifications; ammonia storage modifications; replace ultrasonic flow meters with magnetic type; relocate existing rectifier power conduit; and weather days Contractor 3 $64,864.00 Board Bathroom fixtures; backup generator concrete foundation pad modifications; HVAC muffler support structural members; louver and pilaster modifications; door louvers; increase pump discharge pipe size to 18-inch; modify emergency generator thermal insulation; emergency generator exhaust roof penetration; esterior lighting controls modifications; weather days. Contractor 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total C.O.'s To Date: $139,831.95 0.8% Original Contract Amount:$16,925,900.00 Current Contract Amount:$17,065,731.95 Month Net C.O.$ Limit Authorization Absolute C.O.$ C.O. % 3/19 $64,864.00 $2,000 Insp $64,864.00 0.4% $5,000 PM/Sr. Engr. 0.0% $15,000 Asst. Chief 0.0% $20,000 Chief 0.0% $75,000 GM 0.0% >$75,000 Board 0.0% CHANGE ORDER LOG P:\WORKING\CIP P2083 870-2 Pump Station Replacement\Staff Reports\BD 04-03-19\Backup\COLOG_1903041 3/4/2019 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: April 3, 2019 SUBMITTED BY: Jake Vaclavek, System Operations Manager PROJECT: DIV. NO. 1, 2, 5 APPROVED BY: Jose Martinez, Assistant Chief of Operations Pedro Porras, Chief of Operations Mark Watton, General Manager SUBJECT: AWARD OF CONTRACT FOR RESERVOIR FLOATING COVER MAINTENANCE GENERAL MANAGER’S RECOMMENDATION: That the Board awards a contract to Layfield USA for the maintenance of the floating covers on four potable and two recycled water reservoirs for an amount not to exceed $169,805 for Fiscal Year 2020; with four (4) one-year options for renewal at the General Manager’s discretion. COMMITTEE ACTION: Please see attachment A. PURPOSE: To effectively maintain the District’s floating covers as required by the State Water Resources Control Board (SWRCB) and as recommended by the American Water Works Association (AWWA) guidelines. ANALYSIS: The SWRCB requires agencies that have potable water reservoirs with floating covers to maintain them as per approved maintenance plans. These plans are made using AWWA guidelines. The maintenance involves 2 cleaning of the entire cover, repairing minor holes and tears, adjusting tensioning devices and maintaining the rainwater removal system. The District has four potable reservoirs with covers that need to be maintained twice a year. The District also has two recycled reservoirs with floating covers that will be included in the contract to be maintained once per year. The recycled reservoir cover maintenance is not required by the SWRCB, but will be done as an “Effective Management Practice” to help extend the useful life of the covers. Description of Reservoirs Reservoir Name Type Surface Area* Capacity (MG) 571-1 Potable 195,000 36.7 624-1 Potable 110,000 12.0 711-3 Potable 157,000 16.0 870-1 Potable 97,000 10.9 927-1 Recycled 163,000 16.3 944-1 Recycled 102,000 12.0 *In square feet, approximate area at high water level. Quotes were solicited via BidSync, the District’s online bid solicitation website, and the Otay Water District’s website. Three quotes were received on February 4, 2019 with the following results: Contractor Total Amount 1. Layfield USA $169,805 Spring Valley, CA 2. Erosion Control Applications $173,910 Anaheim, CA 3. COMANCO Environmental $1,500,000 Plant City, FL Layfield USA has cleaned and maintained the District’s floating covers for the last 10 years. They also replaced the cover and liner on the 624-1, 571-1, 927-1 and the 711-3 reservoirs. Layfield is an industry leader in the design, installation and maintenance of reservoir floating covers. District staff have found them to be reliable, responsible, and an accommodating company. Staff is recommending the award of this maintenance contract to Layfield USA in the amount not-to-exceed $169,805 for one year, beginning in Fiscal Year 2020; with four (4) one-year options for 3 renewal at the General Manager’s discretion. The maximum price increase for the four option years would be based on the San Diego Consumer Price Index for the previous year. FISCAL IMPACT: Joe Beachem, Chief Financial Officer The amount of $169,805 has been submitted for the Fiscal Year 2020 Budget for this contract to cover all work related to this maintenance. Annual amount for contract renewal will be budgeted in subsequent fiscal years. STRATEGIC GOAL: This contract helps maximize the District’s useful life of its reservoir floating covers. Properly maintained covers also protect the water quality within our District and helps keep the District in regulatory compliance. LEGAL IMPACT: None. Attachments: Attachment A – Committee Action ATTACHMENT A SUBJECT/PROJECT: AWARD OF CONTRACT FOR RESERVOIR FLOATING COVER MAINTENANCE COMMITTEE ACTION: The Operations and Engineering Committee reviewed this item at a meeting held on March 21, 2019 and the following comments were made: • Staff recommended that the Board award a contract to Layfield USA for the maintenance of the floating covers on four potable and two recycled water reservoirs for an amount not-to-exceed $169,805 for Fiscal Year 2020; with four (4) one-year options for renewal at the General Manager’s discretion. • As noted in the staff report, the District has two (2) recycled floating cover reservoirs that will be included in the contract to be maintained once per year. This is done not as a state requirement, but as an Effective Management Practice to help extend the useful life of the covers. • The Committee stated that it was a pleasure to see that the District is contracting with a local company. Following the discussion, the committee supported staff’s recommendation and presentation to the full board as a consent item. STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: April 3, 2019 SUBMITTED BY: Stephen Beppler Senior Civil Engineer PROJECT: S1502- 001000 DIV. NO. All APPROVED BY: Bob Kennedy, Engineering Manager Dan Martin, Assistant Chief, Engineering Rod Posada, Chief, Engineering Mark Watton, General Manager SUBJECT: Adopt Resolution No. 4356 to Approve the Amended and Restated Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System GENERAL MANAGER’S RECOMMENDATION: That the Otay Water District (District) Board of Directors (Board) adopt Resolution No. 4356 (Attachment B) to approve the Amended and Restated Regional Wastewater Disposal Agreement between the City of San Diego (City) and the Participating Agencies (PA) in the Metropolitan Sewerage System (Metro) (Agreement) and authorize the General Manager to execute the Agreement. The updated Agreement (Exhibit A) incorporates the Pure Water San Diego (Pure Water) program, which is a long-range regional water reuse plan with the goal of realizing a secondary equivalent Point Loma Wastewater Treatment Plant (PLWTP) and a new local sustainable water supply. COMMITTEE ACTION: Please see Attachment A. PURPOSE: In order to comprehensively and equitably address the costs and revenues associated with the Pure Water project and the related 2 construction, expansion, and modification of the Metro wastewater facilities, the City and the PAs wish to amend and restate the Agreement. ANALYSIS: Background The Metropolitan Wastewater Joint Powers Authority (JPA) is a coalition of municipalities and special districts in the southern and central portions of San Diego County that share in the use of the City's regional wastewater collection and treatment facilities. The District is one of twelve (12) PAs in the JPA party to the agreement with the City for wastewater treatment. Other JPA member agencies include the cities of Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, National City, Poway, the County of San Diego Sanitation District, the Lemon Grove Sanitation District, and Padre Dam Municipal Water District. The District contributes roughly 0.5% of the wastewater flow to the Metro system while the JPA represents approximately 35% of the Metro flow. The City’s sewage system dates back to 1885, but a formal agreement between the PAs was not established until 1998 under a Regional Wastewater Disposal Agreement. The Metropolitan Wastewater Commission (Metro Commission) was formed at that time pursuant to the terms of the Agreement between the PAs and the City. In 2001, the JPA was formed to provide the PAs with a stronger voice in the operations of the Metro System. PLWTP operates under a National Pollution Discharge Elimination System (NPDES) permit modified under section 301(h) & (j)(5) of the Clean Water Act, which allows for the facility to operate as an advanced primary treatment plant under a waiver that must be renewed every 5 years. The loss of that waiver would require PLWTP to upgrade to secondary treatment. For the permit renewal in 2015, the Pure Water Program strategy allows for the attainment of treatment within the Metro system that could allow PLWTP to be permitted as equivalent to secondary treatment. This involves diverting 83 MGD of sewage for water purification to potable water quality while allowing the PLWTP to continue its current operating process. The first phase of the Pure Water project to be constructed at the North City Water Reclamation Plant is expected to produce 30 MGD of indirect potable reuse water to be conveyed to Miramar reservoir. To continue to operate the PLWTP at the advanced primary treatment level, the City is seeking passage of federal legislation, with support from the environmental community. The proposal, called Ocean 3 Pollution Reduction Act II (OPRA II), will allow the City’s NPDES permit to be based on secondary equivalency with a commitment to implement potable reuse of wastewater. Until permanent federal legislation is adopted to recognize secondary equivalence, there is uncertainty about the total financial cost strategy for wastewater associated with the Pure Water project. Amended and Restated Regional Wastewater Agreement The proposed changes to the existing 1998 Regional Wastewater Disposal Agreement primarily consist of the following: 1. Define the Pure Water Program and secondary equivalency for PLWTP; 2. Change methodology for repayment of future capital investment projects, where costs for Pure Water are based upon flow and strength commitments for planning year 2050 as listed in Exhibit G of the Agreement; 3. Set cost allocations between water and wastewater facilities reflective of wastewater operation requirements for secondary discharge for ocean disposal; 4. Establish alternative capacity rights reflecting secondary equivalency implementation, which reduces the wastewater infrastructure construction for Pure Water to reflect the flow projections for planning year 2050; 5. Provide a maximum cap on financial exposure to wastewater customers from the Pure Water Program based upon the cost of converting PLWTP to secondary treatment, determined to be $1.8 billion in November 2018 dollars for a capacity of 180 MGD; 6. Establish criteria for requiring agencies to obtain additional treatment capacity should their flow and/or strength exceed their contracted limits and setting penalties if they fail to do so upon notification; and 7. Provide sharing of potential future water revenues when Pure Water potable supply costs become less expensive than other supply sources. The District’s flow and strength commitments identified in Exhibit G of the Agreement are based upon the assumption that the Ralph W. Chapman Water Reclamation Facility (RWCWRF) will be operational through 2050. Should the District decide to cease treating flow at RWCWRF, additional Pure Water flow and strength capacity would need to be obtained following the procedures established in the Agreement. Underpayments to the date of revising the capacities would need to be paid within 4 years on a quarterly basis. 4 District staff reviewed each of the developmental drafts of the Agreement and provided numerous comments that are viewed as providing safeguards for the District. Among these are providing adequate durations before additional flow or strength capacity commitments are triggered by exceeding the established Pure Water limits set in Exhibit G of the Agreement. Initial drafts had set this at 3 months, with subsequent negotiations extending this to 3 years of continuous exceedance levels at 10 percent above the commitment level. With the District’s operation of RWCWRF currently being considered in the District’s planning year 2050 capacity rights, it was important that short-term shutdowns of the plant not result in the need to obtain additional capacity rights. If the District were to trigger the need for increasing contract capacity and not do so, the Agreement provides for the City to assess damages at $1 for each gallon of flow in excess of the contract capacity during each quarter year of occurrence until the new capacity is obtained. Pure Water Phase I cost projection dated October 2018 estimated the total cost to Water and Wastewater at $1.44 billion. Metro Wastewater allocation is currently projected at thirty-nine percent (39%) of the overall estimated cost and City Water allocation is sixty-one percent (61%). At this distribution of costs, Phase I is projected at $562 million or about 31% of the Wastewater portion of the Pure Water commitment. Based upon Exhibit G of the Agreement, the District’s portion of the Phase I costs is currently projected at $2.57 million, with a total Pure Water cost estimated at $8.23 million in 2018 dollars. The entire Pure Water Program costs for all phases to meet the program goal of producing 83 MGD of potable reuse water was estimated to cost $2.5 to $3 billion dollars in 2014 when the Cooperative Agreement between the City of San Diego and San Diego Coastkeeper, Surfrider Foundation San Diego Chapter, Coastal Environmental Rights Foundation, and the San Diego Audubon Society was approved to support the PLWTP’s NPDES Permit. FISCAL IMPACT: Joe Beachem, Chief Financial Officer Pure Water Phase I is projected to cost the District’s sewer customers $2.57 million. The City is expected to obtain financing for a large portion of the capital cost, so the impact will be amortized over a period of 20 to 30 years depending on the types of financing. There have been several changes to the terms of the agreement since the City last provided a cost allocation estimate around June of 2018. Based on the last cost allocation estimate, Phase I is expected to increase the annual Metro fees by an average of $250,000 between FY 2019 and FY 2024, which equates to a rate 5 impact of approximately of 9.0% over the same period. The FY 2018 and FY 2019 rate models were prepared including these additional costs in the projected rates and rate increases. Phase I is expected to be operational in 2023. Pure Water Phase II planning costs are expected to begin being incurred within the next 5 years and the associated capital costs are expected to begin being incurred in 2030, with Phase II being operational in 2035. The final methodology for Phase II cost allocation has not been determined and the City has not provided final cost estimates, cost allocation figures, or a cost allocation methodology for Phase II; however, using the same allocation methods used to determine the impact of Phase I and based on a cap of $1.8 billion, Phase II will cost the District an additional $5.66 million. Based on the annual cost impact of Phase I, Phase II would equate to an annual additional expense of $550,000 per year, which would have a rate impact of approximately 20.0%. The majority of this rate increase would be anticipated to be incorporated into the rates as the 2030 construction timeframe approaches and may impact rates up to and beyond the 2035. STRATEGIC GOAL: This Resolution supports the District’s Mission statement, “To provide exceptional water and wastewater service to its customers, and to manage District resources in a transparent and fiscally responsive manner” and the District’s Vision, “To be a model water agency by providing stellar service, achieving measurable results, and continuously improving operational practices.” LEGAL IMPACT: Unknown at this time. SB/BK:jf P:\WORKING\CIP S1502 - City of San Diego Metro Water Issues\Staff Reports\Bd 01-02-19, Staff Report Metro JPA Restated and Amended Agreement\BD 01-02-19 Staff Report Metro JPA-Restated and Amended Wastewater Agreement.docx Attachments: Attachment A – Committee Action Attachment B – Resolution No. 4356 Exhibit A – Draft Amended and Restated Regional Wastewater Agreement ATTACHMENT A SUBJECT/PROJECT: S1502-001000 Adopt Resolution No. 4356 to Approve the Amended and Restated Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System COMMITTEE ACTION: The Engineering, Operations, and Water Resources Committee (Committee) reviewed this item at a meeting held on December 4, 2018, and the following comments were made:  Staff provided a background of the existing agreement and discussed the proposed changes that are within the Agreement and presented in the staff report.  The Agreement is driven primarily to address the City’s Pure Water Program. It includes an establishment of capacity commitments reflecting secondary equivalency implementation that reduces the wastewater infrastructure construction for Pure Water based on flow projections for planning year 2050 (See Exhibit G of the Agreement). Staff indicated that the existing agency contract capacity (See Exhibit B of the Agreement) could be revised in the future if the discharge permit conditions change for secondary equivalency. Staff is working on a memo for the basis of the District’s capacity on Exhibit G of the Agreement and will present this to the Board in a future General Manager’s report.  The District’s flow and strength commitments identified in Exhibit G of the Agreement are based upon the assumption that the RWCWRF will be operational through 2050.  Staff indicated that the Pure Water Phase I project cost dated October 2018 estimated the total cost to Water and Wastewater at $1.44 billion with 39% attributed to wastewater. See Page 4 of the staff report for additional cost projections. Staff noted that the entire Pure Water Program was estimated at $2.5 to $3 billion dollars in 2014.  On November 15, 2018, the City of San Diego Council authorized the Mayor to execute the Agreement, as presented in this staff report, with participating agencies.  On November 27, 2018, EPA issued a $614 million Water Infrastructure Finance and Innovation Act (WIFIA) loan for the first phase of Pure Water. This loan is for the Water portion of the project. SRF funding for the Wastewater portion of the project is being sought with terms of 2% for 30 years expected. This funding would need to be in place prior to the start of construction.  In response to a question from the Committee, staff stated that the District’s legal counsel has fully reviewed the Agreement.  The Committee inquired if there were any disclosures or liabilities that the District should be concerned about with the Agreement. Legal counsel stated that the Agreement gives the City of San Diego more discretion whereas the City can negotiate with participants, but there are no provisions for sanctions, grievances, liabilities or consequences should the City fail to act in good faith.  Staff stated that active discussions/negotiations of the Agreement have taken place with lawyers and staff from the District, other participating agencies, and the City. As a fail- safe, if the City does not act in good faith, the Agreement does have a $1.8 billion cap (based upon November 2018 cost index) in place.  In response to a question from the Committee, staff stated that the only other option for the District is to continue to operate under the old agreement that that does not include a $1.8 billion cap.  The Committee inquired if there were other benefits in the Agreement besides the $1.8 billion cap. Staff stated that the District can opt out of the agreement if written notice is provided by December 31, 2019 and flow is diverted from the system before July 1, 2025.  In response to a question from the Committee, legal counsel stated that this Agreement would not impact the District’s current litigation against the City of San Diego.  The Committee commented that the District currently has a 1.287 MGD contract capacity with the City. The flow commitment towards Pure Water is a capacity of 0.38 MGD for planning year 2050.  The Committee inquired if there were other changes in the Agreement since August 1, 2018, when it was presented to the Board at its regular board meeting. Staff stated that there were changes which include clarifications related to dealing with management of residuals (solids, brine, and centrate) from future reclamation projects, setting the initial $1.8 billion cap effective date, increasing the period of capacity exceedance to three years before requiring additional capacity purchasing, and changing the date that an agency needs to withdraw from Metro to avoid participating in the Pure Water Program.  With possible impacts from the Agreement, the Committee suggested that staff create a one-page implication for the District’s departments (i.e., Engineering, Finance, Operations). Staff has generated the following table to summarize the aspects each department needs to consider from the Agreement in the future. Department Agreement Impacts Operations  Ensure long-term operability of the RWCWRF to not exceed the Pure Water flow commitment capacity for 3 consecutive years  Consider long-term necessity and benefit of any process improvement identified for implementation Engineering  Support Operations and Finance in assessing the continued operation of RWCWRF versus the procurement of additional Metro capacity  Perform cost to benefit analysis on future RWCWRF improvements to ensure proposed work is justified economically as well as operationally Finance  Track capital plus operational and maintenance costs for the continued operation of RWCWRF versus Metro costs  Assess distribution of Metro Pure Water costs upon existing and future customers in setting near term and future sewer availability fees Following the discussion, the Committee supported staffs’ recommendation and presentation of this item to the full board as an Action Item. At the January 2, 2019 Board of Directors Meeting, this action item was postponed to a later date to provide staff additional time to determine the potential impact of discussions between the City of San Diego and Padre Dam Municipal Water District (MWD) concerning the East County AWP program and its residual management. On February 26, 2019, the District sent a letter to the City of San Diego Public Utilities Department (PUD) stating its interpretation of several sections of the Agreement (related to the operation of RWCWRF and return of solids to the sewer system) and asking for the City to acknowledge and agree to the interpretation (see Attachment C to this staff report). This letter was signed and dated by the Interim Director of PUD on March 7, 2019. The Residuals Management Working Group of Metro Technical Advisory Committee (Metro TAC) under Metro Wastewater Joint Powers Authority (JPA) has been facilitating the negotiations between the City of San Diego and Padre Dam MWD. The District met with the members of this group (Jerry Jones, Dexter Wilson, Roberto Yano, and Scott Tulloch) on March 19, 2019 to understand the framework of the General Residuals Disposal Agreement between those two parties that is nearing completion. The current operation of the existing RWCWRF does not require a similar agreement, but the District will continue to monitor the Metro Agreement amendment that will address Phase 2 of the Pure Water Program to determine if there would be any benefit in having its own General Residuals Disposal Agreement. At the meeting, the District requested that Metro TAC and the JPA create a paper record on the cost of construction and the allocation of costs for the Pure Water Program to the City of San Diego either through council meetings, letters, or other public forums. ATTACHMENT B RESOLUTION NO. 4356 RESOLUTION OF THE OTAY WATER DISTRICT APPROVING THE AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Otay Water District (District) is one of 12 participating agencies of the Metropolitan Sewerage System (Metro System) which is owned and operated by the City of San Diego (City); and WHEREAS, the City and the participating agencies entered into that certain Regional Wastewater Disposal Agreement dated May 18, 1998 (the “1998 Agreement”), which provided, among other things, for certain contract rights to capacity in the Metropolitan System, a system of wastewater conveyance, treatment, and disposal facilities, and the establishment of a mechanism to fund the planning, design, construction, operation, and maintenance of the Metro System by the City and the participating agencies. WHEREAS, the District adopted Resolution No. 4243 on October 1, 2014, which supported the Point Loma Wastewater Treatment Plant (PLWTP) National Pollutant Discharge Elimination System (NPDES) permit, and included a goal for Pure Water San Diego (Pure Water) to achieve the standards outlined in the permit by reducing solids discharged from PLWTP to a level equivalent to that of converting the PLWTP to secondary treatment while generating a potable water source; and WHEREAS, the 1998 Agreement does not adequately address the complexities associated with implementation of the Pure Water program, including new facilities, allocation and financing of costs, potential revenue distribution, and capacity rights; and WHEREAS, the City and the participating agencies have been working since 2014 on deal points for the Pure Water program which have been incorporated into an Amended and Restated Regional Wastewater Disposal Agreement (Agreement); and WHEREAS, the Agreement, among other things, sets a capital improvements spending cap for the participating agencies based upon the cost of converting PLWTP to secondary treatment; and Y:\Board\CurBdPkg\ENGRPLAN\2019\BD 04‐03‐2019\Adopt Resolution No. 4356 to Approve The Amended Regional  Wastewater Disposal Agreement with City of San Diego\Attachment B Resolution ‐ Amended and Restated Wastewater  Disposal Agreement.doc  WHEREAS, the City of San Diego City Council on November 15, 2018 authorized the Mayor or his designee to execute the Agreement with the participating agencies. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Otay Water District that the above stated recitals are incorporated herein by reference; IT IS RESOLVED FURTHER that the Board of Directors of the Otay Water District approves the terms and provisions of the Amended and Restated Regional Wastewater Disposal Agreement; and IT IS RESOLVED FURTHER that the Board of Directors of the Otay Water District hereby authorizes the General Manager to execute the Amended and Restated Regional Wastewater Disposal Agreement on behalf of the District. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Otay Water District on the 3rd day of April, 2019: AYES: NOES: ABSENT: ABSTAIN: __________________________ President ATTEST: _____________________________ District Secretary ... CDedlcnted to ColllnHllllc~ ge,~utce 2554 SWEETWATER SPRINGS BOULEVARD, SPRING VALLEY. CALIFORNIA 91978·2004 TELEPHONE: 670·2222. AREA CODE 619 February 26, 2019 Matthew Vespi Interim Director, Public Utilities Department City of San Diego 9192 Topaz Way, MS 904A San Diego, CA 92123 www.otaywater.gov Project No.: S1502-001000 SUBJECT: Amended and Restated Regional Wastewater Disposal Agreement Dear Mr. Vespi, The staff of Otay Water District ("District") is in the process of obtaining authorization from the District's Board of Directors ("Board") for the General Manager to execute the Amended and Restated Regional Wastewater Disposal Agreement ("Amended Wastewater Agreement") between the City of San Diego ("City") and the Participating Agencies in the Metropolitan Sewerage System ("Metro System"). A staff report relating to the Amended Wastewater Agreement was presented to the District's Engineering, Operations, and Water Resources Committee at their December 4, 2018 meeting. The Amended Wastewater Agreement staff report was slated to be presented to the District Board at their January 2, 2019 meeting, but it was removed from consideration after the District received information about on -going negotiations between the City of San Diego and Padre Dam Municipal Water District, the San Diego County Sanitation District, and the City of El Cajon ("East County AWP Parties") regarding the disposal, treatment, and/or management of solids, brine, and centrate ("residuals") from the East County Advanced Water Purification ("AWP") Program facilities under the Amended Wastewater Agreement. Of specific concern to the District is that the City will prohibit all Participating Agencies' disposal of residuals into the Metro System. The Amended Wastewater Agreement defines residuals as consisting of "solids, brine, and centrate" in Section 2.9.3. The District sends solids to the Metro System from its Ralph W. Chapman Water Reclamation Facility (RWCWRF), which produces Title 22 recycled water. Accordingly, it is of utmost importance for the District to properly understand the meaning of Section 2.9.3 and the City's intent with regard to the disposal, treatment, and/or management of residuals from non-Metro facilities, before it can consider executing the Amended Wastewater Agreement. The Amended Wastewater Agreement permits the District to operate the RWCWRF and thereby divert flow from the Metro System (see Section 2.3.2.). Section 2.6 Limitations Matthew Vespi Amended and Restated Regional Wastewater Disposal Agreement February 26, 2019 Page 2 of 2. on Types and Condition of Wastewater, does not place specific limits on the waste effluent from reclamation facilities that is sent to the Metro System. The District has sent solids from the RWCWRF to the Metro System since 1980, when the plant was placed into operation. The District's interpretation of the Amended Wastewater Agreement is that it can continue to operate the RWCWRF and continue to send waste effluent from this reclamation facility to the Metro System, and that it will be charged for such waste effluent pursuant to Article V of the Amended Wastewater Agreement based on its proportionate flow in the Metro System and the strength of its wastewater. The District understands that the Amended Wastewater Agreement also permits it to be able to increase the amount of wastewater it treats and the solids it sends to the Metro System, subject to the aforementioned terms of Artic.le V. The District also interprets that neither the provisions of Paragraph 2.9.3 in the Amended Wastewater Ag reement concerning residuals nor any limitations that the City may apply to other Participating Agencies relating to the Advanced Water Purification project apply to reclamation facilities such as the RWCWRF. Furthermore, the District interprets the Amended Wastewater Agreement as allowing it (1) to make improvements or changes to the RWCWRF's treatment processes, (2) to continue to produce recycled water at the RWCWRF for irrigation purposes in accordance with regulatory requirements, and (3) that it may transfer the RWCWRF to another Pa rticipating Agency subject to the terms of Article V. We request that the City signify its concurrence with the District's interpretation of the Amended Wastewater Agreement, as stated above, by signing in the appropriate space below. Upon receipt of this concurrence, the District will move forward with obtaining Board authorization for the General Manager to execute the Amended and Restated Regional Wastewater Disposal Agreement. Mark Watton General Manager MW:jf cc: John Helminski, Assistant Public Utilities Director, City of San Diego ~(Date) P:IWORKING\CIP S1502 -City of San Diego Metro Water lssues\Pure Watet\Amended Agreement\02-09-19\Letter to the City of San D1ego 02-26-19 docx 60409.00001\30914102.16 AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM 60409.00001\30914102.16 -i- AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT TABLE OF CONTENTS Page I. DEFINITIONS ................................................................................................................... 2 II. OWNERSHIP AND OPERATION OF THE METRO SYSTEM .................................... 6 III. PAYMENT AND MONITORING PROVISIONS ......................................................... 12 IV. CAPACITY RIGHTS ...................................................................................................... 15 V. SYSTEM OF CHARGES ................................................................................................ 17 VI. PLANNING ..................................................................................................................... 21 VII. FACILITIES SOLELY FOR NEW CONTRACT CAPACITY ..................................... 22 VIII. THE METRO COMMISSION ........................................................................................ 24 IX. DISPUTE RESOLUTION ............................................................................................... 25 X. INSURANCE AND INDEMNITY ................................................................................. 26 XI. INTERRUPTION OF SERVICE ..................................................................................... 27 XII. NOTICES REQUIRED UNDER AGREEMENT ........................................................... 27 XIII. EFFECTIVE DATE AND TERMINATION .................................................................. 27 XIV. GENERAL ....................................................................................................................... 28 Exhibits A. Metro Facilities B. Contract Capacities C. Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies D. Notice Listing E. Reclaimed Water Distribution System F. Pure Water Cost Allocation and Revenues G. Pure Water Capital Billing Table 60409.00001\30914102.16 -1- AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT THIS AMENDED AND RESTATED REGIONAL WASTEWATER DISPOSAL AGREEMENT is made and entered into this _____ day of _________________, 20___, by and between the CITY OF SAN DIEGO, a municipal corporation (“the City”); and the CITY OF CHULA VISTA, a municipal corporation; the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a political subdivision of the State of California; the CITY OF NATIONAL CITY, a municipal corporation; the CITY OF POWAY, a municipal corporation; the OTAY WATER DISTRICT, a political subdivision of the State of California; the PADRE DAM MUNICIPAL WATER DISTRICT, a political subdivision of the State of California; and the SAN DIEGO COUNTY SANITATION DISTRICT, a political subdivision of the State of California (the “Participating Agencies”). The City and the Participating Agencies may be referred to herein individually as a “Party,” and collectively as the “Parties.” RECITALS WHEREAS, the City and the Participating Agencies (or their predecessors in interest) entered into that certain Regional Wastewater Disposal Agreement dated May 18, 1998 (the “1998 Agreement”), which provided, among other things, for certain contract rights to capacity in the Metropolitan Sewerage System, a system of wastewater conveyance, treatment, and disposal facilities (“Metro System”) and the establishment of a mechanism to fund the planning, design, construction, operation, and maintenance of the Metro System by the City and the Participating Agencies; and WHEREAS, the purposes of the 1998 Agreement were: (1) to replace the prior-existing sewage disposal agreements between the City and the Participating Agencies; (2) to provide certain contract rights to capacity in the Metro System to the Participating Agencies; (3) to establish a mechanism to fund the planning, design, construction, operation and maintenance of the Metro System by the City and the Participating Agencies as necessary to provide hydraulic capacity, and to comply with applicable law and with generally accepted engineering practices; and (4) to establish a system of charges which allocates the costs of the planning, design and construction of such new wastewater conveyance, treatment and disposal facilities as are necessary solely to provide for new capacity on a fair and equitable basis; and WHEREAS, on April 29, 2014 the San Diego City Council gave its approval and support for the Pure Water San Diego program by adoption of Resolution No. R-308906. The Resolution approved and supported the City’s efforts to develop an implementation strategy to offload wastewater flow from the Point Loma Wastewater Treatment Plant through implementation of potable reuse, resulting in effluent discharged to the Pacific Ocean being equivalent to what would be achieved by upgrading the Point Loma Wastewater Treatment Plant to a secondary treatment plant (secondary equivalency); and WHEREAS, the City is implementing a phased, multi-year program designed to regionally produce at least 83 million gallons per day of safe, reliable potable water using new, -2- 60409.00001\30914102.16 expanded, or modified facilities, some of which will include Metro System facilities, in order to achieve secondary equivalency at the Point Loma Wastewater Treatment Plant; and WHEREAS, the Pure Water Program will not only benefit the City by producing repurified water, but also the Participating Agencies and their wastewater customers, especially if secondary equivalency is recognized through federal legislation amending the Clean Water Act. Specifically, implementation of the Pure Water Program will reduce wastewater discharges to the Point Loma Wastewater Treatment Plant, part of the Metro System where a large portion of the Participating Agencies’ wastewater is currently treated and disposed by discharging it into the Pacific Ocean. By diverting wastewater from the Point Loma Wastewater Treatment Plant and reducing the effluent discharged into the Pacific Ocean, the City and the Participating Agencies will potentially avoid billions of dollars in unnecessary capital, financing, energy, and operating costs to upgrade the Point Loma plant to secondary treatment at full capacity. Avoiding such costs would result in significant savings for regional wastewater customers; and WHEREAS, the Padre Dam Municipal Water District, the San Diego County Sanitation District, and the City of El Cajon have proposed a program to produce up to 12 million gallons per day of safe, reliable potable water for East San Diego County using wastewater that would otherwise be disposed of in the Metro System (“East County AWP Program”). By offloading wastewater and wastewater contents from the Point Loma Wastewater Treatment Plant, the East County AWP Program would, if implemented, help the City’s and region’s efforts to achieve long-term compliance with the Clean Water Act by producing a regional annual average of at least 83 million gallons per day of water suitable for potable reuse by December 31, 2035, as described in the Cooperative Agreement in Support of Pure Water San Diego entered into by the City and certain environmental stakeholders on December 9, 2014; and WHEREAS, Section XIV, subsection B, of the 1998 Agreement provided that the Parties may amend the Agreement by a written agreement between the City and all Participating Agencies stating the Parties’ intent to amend the Agreement; and WHEREAS, in order to comprehensively and equitably address the costs and revenues associated with the Pure Water Program and the related construction, expansion, and/or modification of Metro System facilities, the City and Participating Agencies wish to amend and restate the Regional Wastewater Disposal Agreement as provided herein. THEREFORE, in consideration of the mutual promises set forth herein, the City and the Participating Agencies agree as follows: I.DEFINITIONS A.Annual Average Daily Flow is the number, in millions of gallons of wastewater per day (“MGD”), calculated by dividing total Flow on a fiscal year basis by 365 days. B.Brine is a waste byproduct of the demineralization process at an upstream Water Repurification System facility or a Reclaimed Water facility. C.Capital Expense Rate is the cost per acre foot that will apply if the Metro -3- 60409.00001\30914102.16 System’s Capital Improvement Costs for the Pure Water Program and/or upgrading of the Point Loma WTP to secondary treatment exceed $1.8 billion, as further described in Exhibit F. D.Capital Improvement Costs are costs associated with the planning, design, financing, construction, or reconstruction of facilities. E.Chemical Oxygen Demand or “COD” means the measure of the chemically decomposable material in wastewater, as determined by the procedures specified in the most current edition of “Standard Methods for the Examination for Water and Wastewater,” or any successor publication which establishes the industry standard. F.City Water Utility PW Costs are those Pure Water Program costs allocated to the City’s water utility and therefore excluded as Metro System costs under Exhibit F. G.Contract Capacity is the contractual right possessed by each Participating Agency to discharge wastewater into the Metro System pursuant to this Agreement up to the limit set forth in Exhibit B attached hereto. Contract Capacity is stated in terms of Annual Average Daily Flow. H.Flow is the amount of wastewater discharged by the City and each Participating Agency. I.Functional-Design Methodology shall mean the process of allocating Operation and Maintenance Costs and Capital Improvement Costs to Flow and Strength parameters recognizing the benefits of both the design criteria and the primary function of a unit process. J.Metro Commission is the advisory body created under Section VIII. K.Metro System Costs are those costs set forth in Section 5.2.1. L.Metro System Revenues are those revenues set forth in Section 5.2.2. M.Metropolitan Sewerage System or Metro System shall mean and consist of those facilities and contract rights to facilities which are shown and/or described in Exhibit A attached hereto and incorporated by this reference, including any amendments thereto authorized by this Agreement. N.Municipal System shall mean the City’s wastewater collection system, which consists of pipelines and pump stations, that collects wastewater within the City of San Diego and conveys it to the Metropolitan Sewerage System for treatment and disposal. O.New Capacity is the capacity to discharge wastewater outside the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. -4- 60409.00001\30914102.16 P.New Contract Capacity is the capacity to discharge wastewater into the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. Q.North City Water Reclamation Plant or North City WRP is the 30 million gallons per day (as of the date of this Agreement) wastewater treatment facility located at 4949 Eastgate Mall in San Diego, which includes four major processes: primary treatment, secondary treatment, tertiary treatment, and disinfection. R.Operation and Maintenance Costs are the costs of those items and activities required by sound engineering and management practices to keep the conveyance, disposal, treatment, and reuse facilities functioning in accordance with all applicable laws, rules, and regulations. S.Point Loma Wastewater Treatment Plant or Point Loma WTP is the 240 million gallons per day (as of the date of this Agreement) advanced primary treatment plant which includes four major processes: screening, grit removal, sedimentation, and digestion. T.Projected 2050 Strength and Flow Amounts are the three (3) values described below: 1.Projected COD 2050 Flows is the estimated amount of Chemical Oxygen Demand (COD), stated in pounds per day, that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected COD 2050 Flows for each Party are stated in Column 7 of Exhibit G. 2.Projected Metro Flow 2050 is the estimated amount of Annual Average Daily Flow, stated in millions of gallons per day (MGD), that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected Metro Flow 2050 for each Party is stated in Column 4 of Exhibit G. 3.Projected SS 2050 Flows is the estimated amount of Suspended Solids (SS) stated in pounds per day, that the City and each Participating Agency are projected to have in the 2050 fiscal year. Projected SS 2050 Flows for each Party are stated in Column 10 of Exhibit G. U.Pure Water Capital Melded Percentage or Melded Percentage is the proportionate share, stated in Column 12 of Exhibit G, by which Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and the Capital Expense Rate will be allocated among the City and the Participating Agencies. The Pure Water Capital Melded Percentage is based on each Party’s proportionate share of Projected Metro Flow 2050, Projected SS 2050 Flows, and Projected COD 2050 Flows, which proportions are weighted as described in Footnote 3 of Exhibit G. V.Pure Water Program is the City’s phased, multi-year program designed to -5- 60409.00001\30914102.16 produce at least 83 million gallons per day of Repurified Water using new, expanded, or modified facilities, some of which will include Metro System facilities. W.Reclaimed Water (or Recycled Water) shall have the definition set forth in Title 22, Division 4 of the California Code of Regulations and shall mean water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that otherwise could not occur. X.Reclaimed Water (or Recycled Water) Distribution System shall mean and consist of those eight (8) reclaimed water projects listed in Attachment B of the Stipulated Final Order for Injunctive Relief approved by the U.S. District Court on June 6, 1997 in U.S.A. v. City of San Diego, Case No. 88-1101-B, and attached hereto as Exhibit E. Y.Repurified Water shall mean water which, as a result of advanced treatment of Reclaimed Water, is suitable for use as a source of domestic (or potable) water supply. Z.Repurified Water Revenue is the cost savings that will be realized when the City water utility’s annual costs per-acre foot for Repurified Water are less than the purchase costs per-acre foot for comparable water from the San Diego County Water Authority, as further described in Exhibit F. AA.Return Flow shall mean the effluent created by the dewatering of digested biosolids, which includes centrate. BB.Reuse shall mean to use again, such as water which has been reclaimed or repurified, or sludge that has been converted to biosolids for beneficial use. CC.South Bay Land/Ocean Outfall is the facility that is jointly owned by the International Boundary & Water Commission (U.S. Section IBWC) and the City of San Diego. The Outfall is planned to convey and discharge treated effluent from the IBWC’s International Wastewater Treatment Plant and treated effluent from the City’s South Bay Water Reclamation Plant and the South Bay Secondary Treatment Plant. As of the date of this Agreement, the Outfall has a current Average Daily Flow Capacity of 174 million gallons per day. As of the date of this Agreement, the City owns 39.94% of the capacity of the Outfall and the balance of the capacity is owned by the IBWC. DD.South Bay Water Reclamation Plant is the 15 million gallons per day (as of the date of this Agreement) wastewater treatment facility located at 2411 Dairy Mart Road in San Diego, which includes four major processes: primary treatment, secondary treatment, tertiary treatment, and disinfection. EE.Strength means the measurement of Suspended Solids (SS) and Chemical Oxygen Demand (COD) within the wastewater Flow and any other measurement required by law after the date of this Agreement. -6- 60409.00001\30914102.16 FF.Suspended Solids or SS means the insoluble solid matter in wastewater that is separable by laboratory filtration, as determined by the procedures specified in the most current edition of “Standard Methods for the Examination of Water and Wastewater,” or any successor publication which establishes the industry standard. GG.Tertiary Component is that portion of the wastewater treatment process that currently filters the secondary treated wastewater effluent through fine sand and/or anthracite coal to remove fine Suspended Solids and disinfects it to meet the requirements of the California Administrative Code, Title 22, or its successor for filtered and disinfected wastewater. HH.Water Repurification System shall mean any facilities, including treatment and conveyance facilities, the purpose of which is the production or conveyance of Repurified Water. Water Repurification System includes, but is not limited to: the Tertiary Component of the North City Water Reclamation Plant to the extent being used to produce Repurified Water, the North City Pure Water Facility to be located across the street from the North City Water Reclamation Plant (“North City Pure Water Facility”); the Repurified Water conveyance system, which will transport Repurified Water from the North City Pure Water Facility and/or other facilities to the Miramar Reservoir or other alternative location(s) as determined by the City; and any other Repurified Water treatment or conveyance facilities which are part of the Pure Water Program. II.OWNERSHIP AND OPERATION OF THE METRO SYSTEM 2.1 Rights of the Parties. The City is the owner of the Metro System, and of any additions to the Metro System or other facilities constructed pursuant to this Agreement. All decisions with respect to the planning, design, construction, operation and maintenance of the Metro System shall rest with the City, in consultation with the Metro Commission. The Participating Agencies shall have a contractual right to use the Metro System and to participate in its operation as set forth in this Agreement. Subject to the terms of this Agreement, and in conformance with all applicable laws, the City may transfer ownership of all or part of the Metro System at any time. In the event of a transfer, the City’s successor shall be bound by the terms of this Agreement. Subject to the terms of this Agreement, any Participating Agency may transfer or assign its rights and obligations under this Agreement. Any transfer shall first be approved by the City. No transfer may occur if the City reasonably determines, after consultation with the Participating Agencies involved, that the proposed transfer will imbalance, or will otherwise adversely impact the City’s ability to operate the Metro System. 2.2 Metro System Services. 2.2.1 The City shall provide wastewater conveyance, treatment and disposal services to the Participating Agencies through the Metro System, under the terms set forth in this Agreement. -7- 60409.00001\30914102.16 2.2.2 The City shall operate the Metro System in an efficient and economical manner, maintaining it in good repair and working order, all in accordance with recognized sound engineering and management practices. 2.2.3 The City shall convey, treat, and dispose of or reuse all wastewater received under this Agreement in such a manner as to comply with all applicable laws, rules and regulations. 2.3 Flow Commitment. 2.3.1 Absent agreement of the Parties, all Flow from the Participating Agencies and the City, up to the capacity limits set forth in Exhibit B or any amendments thereto, shall remain in the Metro System. 2.3.2 This Agreement shall not preclude any Participating Agency from diverting Flow from the Metro System as a result of the construction of reclamation facilities or New Capacity outside of the Metro System. 2.3.3 Any Participating Agency may negotiate an agreement with the City to withdraw all Flow from the Metro System, which shall provide that the Agency pay its proportionate share of Capital Improvement Costs. If a Participating Agency enters into an agreement with the City by December 31, 2019, to withdraw all Flow from the Metro System by January 1, 2035, such Participating Agency shall not pay Pure Water Program Capital Improvement Costs attributable to the Metro System except for Phase I (as defined below in Section 2.8). 2.4 Funding Obligations. Nothing in this Section or in this Agreement shall obligate the City to make any payment for the acquisition, construction, maintenance or operation of the Metro System from moneys derived from taxes or from any income and revenue of the City other than moneys in or sewer revenues which go into the Sewer Revenue Fund for the Metro System and from construction funds derived from the sale of such sewer revenue bonds for the Metro System as are duly authorized. Nothing in this Agreement shall be construed to obligate the City to pay from its annual income and revenues any sum which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California. Nothing in this Section, however, or in this Agreement shall prevent the City, in its discretion, from using tax revenues or any other available revenues or funds of the City for any purpose for which the City is empowered to expend moneys under this Agreement. Nothing herein shall relieve the City from its obligations to fund and carry out this Agreement. Nothing in this Section or in this Agreement shall obligate any Participating Agency to make any payment which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California, or which is not authorized by law. -8- 60409.00001\30914102.16 2.5 Financial Statements. 2.5.1 The City shall keep appropriate records and accounts of all costs and expenses relating to conveyance, treatment, disposal, and reuse of wastewater, and production of Repurified Water, and the acquisition, planning, design, construction, administration, monitoring, operation and maintenance of the Metro System and Water Repurification System, and any grants, loans, or other revenues received therefor. The City shall keep such records and accounts for at least four (4) years, or for any longer period required by law or outside funding sources. 2.5.2 Said records and accounts shall be subject to reasonable inspection by any authorized representative of any Participating Agency at its expense. Further, said accounts and records shall be audited annually by an independent certified public accounting firm appointed by the City pursuant to generally accepted accounting principles. A copy of said report shall be available to any Participating Agency. As part of said audit, the actual amount of City Water Utility’s PW Costs, Pure Water Program costs attributable to the Metro System, Repurified Water Revenue, and the Capital Expense Rate shall be determined and audited by the City’s external auditors and Participating Agency representatives, and a cumulative and annual summary of such amounts shall be included as a footnote or attachment to the audit of the Metro System. Cost summaries shall include separate lines for Capital Improvement Costs and Operation and Maintenance Costs. 2.5.3 The City shall make a good faith effort to complete the annual audit, and any related adjustments under this Agreement, by the end of the following fiscal year. 2.6 Limitations on Types and Condition of Wastewater. 2.6.1 Each Participating Agency will comply with all applicable laws, rules and regulations including its regulatory obligations associated with the discharge of wastewater into its respective system and from such system into the Metro System. 2.6.2 Each Participating Agency will minimize to the maximum extent practicable, the infiltration and inflow of surface, ground or stormwaters into its respective wastewater systems. 2.6.3 Each Participating Agency will insure that all industrial users of its wastewater system are regulated by an effective industrial pretreatment program that conforms to all to all applicable laws, rules and regulations and that is acceptable to the City. Provided, however, that the City shall not require the Participating Agencies to take any actions beyond that -9- 60409.00001\30914102.16 which is required under applicable laws, rules and regulations that can be taken but are not being taken by the City. 2.6.4 The City and the Participating Agencies agree that nothing in this Agreement, including the termination of the existing sewage disposal agreements, shall affect the validity of the Interjurisdictional Pretreatment Agreements, or the separate transportation agreements that are currently in effect between or among the City and the Participating Agencies. 2.6.5 Each Participating Agency will not discharge a substantial amount of sewage originating outside its respective boundaries into the Metro System without the approval of the City. 2.6.6 Each Participating Agency shall be responsible for the violation of any applicable laws, rules or regulations associated with its respective discharge of wastewater into the Metro System. Nothing in this Agreement shall affect the ability of any Participating Agency to hold third parties responsible for such violations. 2.6.7 In the event a regulatory agency imposes any penalty or takes other enforcement action relating to the conveyance, treatment, or disposal of wastewater in or from the Metro System, the City shall determine if the City or a Participating Agency or Agencies caused or contributed to the violation by exceeding its Contract Capacity or by the contents of its wastewater. The City shall allocate the penalty or other relief, including the costs of defense, to the Party or Parties responsible. Each responsible Party, whether a Participating Agency or the City, shall be obligated to pay its share of such penalty or other relief, and any costs of defense. In the event that the City cannot make such an allocation, the cost of such penalty or other relief shall be shared by the Participating Agencies and the City proportionately based on Flow and Strength. 2.7 Right of First Refusal. 2.7.1 The City shall not sell or agree to sell the Metro System without first offering it to the Participating Agencies. For the purposes of this section, “Participating Agencies” shall mean a Participating Agency, a group of Participating Agencies, or a third party representing one or more Participating Agencies. The term “sell” shall include any transfer or conveyance of the Metro System or of any individual treatment or reclamation facility or outfall within the Metro System. 2.7.2 The City and the Participating Agencies recognize that transfer of ownership of the Metro System is currently restricted by Sections 6.04 and 6.20 of the Installment Purchase Agreement between the City and the Public Facilities Financing Authority of the City, which inter alia restricts the transfer of ownership to the Metropolitan Wastewater Sewage District -10- 60409.00001\30914102.16 or other governmental agency whose primary purpose is to provide wastewater treatment. The City shall not seek to impose on bond holders a waiver of Section 6.04 or 6.20. Absent such a restriction, before the City sells or agrees to sell the Metro System, or any portion of it, the City shall offer to sell the Metro System to the Participating Agencies (the “Offer”) on the terms and at a price equal to that proposed for the sale of the Metro System to a third party. The Participating Agencies shall have thirty days from receipt of the Offer (the “Intent to Respond Period”) in which to notify the City of their intent to respond to the Offer. The Participating Agencies shall have five months from the expiration of the Intent to Respond Period in which to accept or reject the Offer. The Offer shall contain the name of the proposed purchaser, the proposed sale price, the terms of payment, the required deposit, the time and place for the close of escrow, and any other material terms and conditions on which the sale is to be consummated. 2.7.3 If the Participating Agencies give timely notice of their intent to respond and timely notice of their acceptance of the Offer, then the City shall be obligated to sell and the Participating Agencies shall be obligated to purchase the Metro System or any individual treatment or reclamation facility or outfall within the Metro System, as applicable, at the price and on the terms and conditions of the Offer. If the Participating Agencies do not give timely notice of their intent to respond or their acceptance of the Offer, or do not submit an offer on the same terms and conditions as the Offer, the City may, following the end of the Offer period, sell the Metro System, or any portion of it, at a price and on terms and conditions no less favorable to the City than those in the Offer. The City shall not sell the Metro System to any third party on terms or at a price less favorable to the City from the terms and price contained in the Offer absent compliance with the terms of this Section. 2.7.4 Nothing herein shall prevent the City from entering into a financing agreement which may impose limits on the City’s power to sell the Metro System to the Participating Agencies pursuant to Section 2.7.1. if the City reasonably believes that such a financing agreement is in the City’s best interest. Neither the entry into such a financing agreement by the City nor the performance thereof by the City shall constitute a breach or default by the City hereunder. 2.8 Pure Water San Diego Program. 2.8.1 Each new, expanded, or modified Metro System facility which is used in relation to the production of Repurified Water (in addition to the modification and expansion of the North City Water Reclamation Facility) shall be governed by this Agreement and Exhibit F, attached hereto and incorporated herein. -11- 60409.00001\30914102.16 2.8.2 The allocation of Pure Water Program costs pursuant to this Agreement shall be retroactive through the fiscal year ending June 30, 2014, when Pure Water Program costs were first incurred by the Metro System. When conducting the year-end adjustments for the fiscal year in which this Agreement takes effect, the City shall credit or assess such prior costs to the Parties pursuant to this Agreement. 2.9 Future Negotiations and Cooperation. 2.9.1 This Agreement and Exhibit F specifically contemplate Phase I of the Pure Water Program, which consists of new, expanded, or modified Metro System facilities and Water Repurification System facilities designed to produce only up to 30 million gallons per day of Repurified Water (“Phase I”). Within one year of the Effective Date of this Agreement, the Parties intend to meet and negotiate in good faith regarding one or more amendments to this Agreement or its Exhibits to address: 2.9.1.1 The allocation of specific Pure Water Program costs between City’s water utility and the Metro System for such later phases; 2.9.1.2 Alternative billing methodologies for Metro System costs; 2.9.1.3 The exclusion of costs related to the industrial discharges inspection and monitoring program within San Diego under Section 5.2.1.2.3 of the Agreement; 2.9.1.4 The inclusion of costs for regional, non-Metro System potable reuse projects in calculating the Capital Expense Rate; 2.9.1.5 A sample calculation of Repurified Water Revenue; and 2.9.1.6 The conveyance and treatment of wastewater generated at United States military bases under this Agreement. If such negotiations do not result in an amendment to this Agreement or its Exhibits concerning these subjects, this Agreement shall remain in full force and effect as set forth herein. Further, if the City proceeds with a later phase of the Pure Water Program as authorized under Section 2.1 of this Agreement, and the Parties have not yet amended this Agreement or Exhibit F to specifically address such costs by the time they are incurred, all costs listed in Section I of Exhibit F shall nonetheless be excluded as Metro System costs under this Agreement. 2.9.2 The City and the Participating Agencies shall cooperate, coordinate, and negotiate in good faith with the Padre Dam Municipal Water District, San Diego County Sanitation District, and City of El Cajon on issues that relate to the East County AWP Program, including, but not limited to, the -12- 60409.00001\30914102.16 potential transfer of the Mission Gorge Pump Station; disposal of residuals; and a source control program. 2.9.3 Following the Effective Date of this Agreement, the Parties intend to meet and negotiate in good faith regarding the disposal, treatment, and/or management of residuals (solids, brine, and centrate) produced at any new non-Metro System secondary, tertiary, or advanced wastewater treatment facilities upstream of any Metro System facilities related to the production of Repurified Water that currently exist or may exist in the future. Such negotiations may result in an amendment to this Agreement, or in one or more separate agreements between the City and the involved Participating Agencies, regarding the disposal, treatment, and/or management of residuals at such non-Metro System facilities. 2.9.3.1 In the event that an amendment to this Agreement, or a separate agreement between the City and the involved Participating Agencies, regarding the disposal, treatment, and/or management of residuals at such non-Metro System facilities, cannot be achieved through direct negotiation, the parties shall use the dispute resolution process in Article IX of this Agreement. 2.9.3.2 Absent an amendment to this Agreement or a separate Agreement between the City and involved Participating Agencies as described above, the involved Participating Agencies shall not dispose of residuals from new non-Metro System secondary, tertiary, or advanced wastewater treatment facilities at any point upstream of a Metro System facility related to the production of Repurified Water that currently exists or may exist in the future. III. PAYMENT AND MONITORING PROVISIONS 3.1 Payment for Metro System Facilities. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the costs of planning, design and construction of all of the Metro System facilities which are identified in Exhibit A hereto, which is incorporated herein by reference. 3.2 Payment for Additional Metro System Facilities. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the costs of acquisition, or planning, design and construction of such facilities in addition to those set forth on Exhibit A as are necessary for the Metro System to maintain compliance with applicable laws, rules and regulations, including the Ocean Pollution Reduction Act of 1994 and its successor(s), present and future waivers of applicable treatment standards at any Metro System treatment facility, and all facilities as are necessary to convey, treat, dispose, and reuse wastewater in the Metro System to provide the Contract Capacity set forth in Exhibit B, to maintain hydraulic capacity and as otherwise -13- 60409.00001\30914102.16 required by sound engineering principles. As a ministerial matter, the City shall amend Exhibit A from time to time to reflect such additional facilities and shall give notice of any amendments to the Participating Agencies. The City shall keep an updated version of Exhibit A on file with the City Public Utilities Department. Exhibit A may be amended to reflect other changes to the Metro System only as expressly provided in this Agreement. 3.3 Payment for Operation and Maintenance. Through the system of charges set forth in Article V of this Agreement, each Participating Agency shall pay its share of the Operation and Maintenance Costs of all Metro System facilities. The Participating Agencies shall not pay for the Operation and Maintenance Costs of Water Repurification System, which are City Water Utility PW Costs. 3.4 Charges Based on Flow and Strength; Exception. 3.4.1 Except as otherwise described in this Section 3.4, a Participating Agency’s share of the charges in this Article III shall be assessed pursuant to Article V of this Agreement based on its proportionate Flow in the Metro System and the Strength of its wastewater. 3.4.2 Notwithstanding section 3.4.1, or any other provision of this Agreement, a Participating Agency’s share of Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and Capital Expense Rate attributable to the Metro System under Exhibit F shall be assessed or credited based on the Parties’ proportionate share of the Pure Water Capital Melded Percentage stated in Column 12 of Exhibit G. The City shall annually allocate the estimated and actual Pure Water Program Capital Improvement Costs and revenues which are attributable to the Metro System under Exhibit F in proportion to each Party’s Pure Water Capital Melded Percentage when estimating quarterly payments and conducting year-end adjustments under Article V. 3.4.3 Each Party recognizes that operation within respective Projected 2050 Strength and Flow Amounts is essential to the accurate allocation of costs and revenues under the Pure Water Program. In recognition of same, the Parties agree as follows: 3.4.3.1 Beginning in the next fiscal year after the effective date of this Agreement, if a Party’s Annual Average Daily Flow, annual average pounds per day of COD, or annual average pounds per day of SS exceeds any one of its Party’s Projected 2050 Strength and Flow Amounts by more than ten percent (10%) for any three (3) consecutive fiscal years, the City shall prepare an amendment to Exhibit G that adjusts projections of each Party’s Projected 2050 Strength and Flow Amounts based on information about such Party’s exceedance and other relevant information using sound engineering principles. Upon approval by the City and two-thirds -14- 60409.00001\30914102.16 of the members of the Metro Commission, the City shall, as a ministerial matter, amend Exhibit G (including the Melded Percentages in Column 12 of Exhibit G) to reflect the new Projected 2050 Strength and Flow Amounts for each Party. The City shall keep an updated version of Exhibit G on file with the City Public Utilities Department. If the City and two-thirds of the Metro Commission cannot agree on an amendment to Exhibit G, the matter shall be submitted to dispute resolution pursuant to Article IX. 3.4.3.2 Notwithstanding the amounts set forth in Columns 4, 7, and 10 of Exhibit G, the following Parties will be deemed to have the following Projected 2050 Strength and Flow Amounts until July 1, 2025: 3.4.3.2.1 Padre Dam: 3.2 MGD Flow; 24,730 lb/day COD; 11,900 lb/day SS 3.4.3.2.2 San Diego County Sanitation District: 13.617 MGD Flow; 70,210 lb/day COD; 27,830 lb/day SS 3.4.3.2.3 El Cajon: 7.8 MGD Flow; 41,848 lb/day COD; 16,556 lb/day SS 3.4.3.3 If Exhibit G is amended to update one or more Parties’ Projected 2050 Strength and Flow Amounts, the change in Projected 2050 Strength and Flow Amounts and Pure Water Capital Melded Percentages shall be retroactive in effect, and the City shall use the updated amounts in estimating quarterly payments and conducting year-end adjustments for Pure Water Program costs and revenues. Therefore, any Party that underpaid based on prior Pure Water Capital Melded Percentages (which were based on prior Projected 2050 Strength and Flow Amounts) shall pay the retroactive amount due in its quarterly payments the following fiscal year; any Party that overpaid based on previous Pure Water Capital Melded Percentages shall receive a credit in its quarterly payments the following fiscal year. Notwithstanding the preceding sentence, if the retroactive amount due exceeds 20% of a Party’s average annual Metro System payments for the previous four (4) years, such Party may elect to pay the retroactive amount due in its quarterly payments over the subsequent four (4) fiscal years, with interest based on the most recent quarterly earnings rate of the Local Agency Investment Fund’s Pooled Money Investment Account; any Party that overpaid based on previous Pure Water Capital Melded Percentages shall receive a credit in its quarterly payments the following four (4) fiscal years. -15- 60409.00001\30914102.16 3.4.3.4 If a Participating Agency (other than those specified in Section 3.4.3.2) intends to divert a portion of its Flow from the Metro System pursuant to Section 2.3.2 on or before July 1, 2025, the Participating Agency may provide written notice to the City by December 31, 2019, requesting an adjustment in its Projected 2050 Strength and Flow Amounts and Melded Percentage in Exhibit G. If such notice is timely provided, the City shall prepare an amendment to Exhibit G based on information about such Party’s diversion and other relevant information using sound engineering principles. Such amendment shall then be subject to the approval procedures set forth in Section 3.4.3.1, and the retroactivity provisions set forth in Section 3.4.3.3; provided, however, that such an amendment to Exhibit G shall also be subject to an agreement with the City for the Participating Agency to pay its proportionate share of Pure Water Program planning, design, and construction costs incurred to date by the Metro System (based on such Participating Agency’s prior Melded Percentage), and any costs for Pure Water Program planning or design changes which are reasonably necessary due to the intended diversion. 3.5 Monitoring Flow and Strength. 3.5.1 The City shall monitor wastewater that is discharged into the Metro System for Flow and Strength. The City shall own and operate as part of the Metro System monitoring devices which will measure the amount of daily wastewater discharged into the Metro System. These devices shall be installed at locations appropriate to accurately monitor Flow and Strength. The City may also monitor wastewater Flow and Strength at other locations as it deems appropriate. 3.5.2 In measuring Strength, the frequency and nature of the monitoring shall not be more stringent for the Participating Agencies than it is for the City. 3.5.3 The City shall, at least once every five (5) years, update and provide its plans for the monitoring system and for the procedures it will use to determine Strength to the Participating Agencies. The Participating Agencies shall have the opportunity to review and comment prior to implementation. 3.5.4 The City shall report Flow and Strength data to the Participating Agencies at least quarterly. IV.CAPACITY RIGHTS 4.1 Contract Capacity. In consideration of the obligations in this Agreement, each Participating Agency shall have a contractual right to discharge wastewater to the Metro System up to the Contract -16- 60409.00001\30914102.16 Capacity set forth in Exhibit B. Each Party’s Projected Metro Flow 2050 stated in Exhibit G, is used solely for the purpose of allocating the Metro System’s Pure Water Program Capital Improvement Costs, Repurified Water Revenue, and the Capital Expense Rate under this Agreement, and does not replace or limit Contract Capacity. 4.2 Transfers of Contract Capacity. The Participating Agencies and the City may buy, sell or exchange all or part of their Contract Capacity among themselves on such terms as they may agree upon. The City shall be notified prior to any transfer. Any transfer shall be first approved by the City. No Contract Capacity may be transferred if the City determines, after consultation with the Participating Agencies involved in the transaction, that said transfer will unbalance, or will otherwise adversely impact the City’s ability to operate the Metro System. Provided, however, that the Participating Agency seeking the transfer may offer to cure such imbalance at its own expense. Following the City’s consent, as a ministerial matter, the Contract Capacity set forth in Exhibit B shall be adjusted to reflect the approved transfer. If necessary, Projected Metro Flow 2050 set forth in Exhibit G shall also be adjusted to reflect the approved transfer using the process set forth in Section 3.4.3.1, provided, however, that an amendment to Exhibit G due to an approved transfer shall not be retroactive in effect pursuant to Section 3.4.3.3. 4.3 Allocation of Additional Capacity. The Parties recognize that the City’s applicable permits for the Metro System may be modified to create capacity in the Metro System beyond that set forth in Exhibit B as a result of the construction of additional facilities or as a result of regulatory action. This additional capacity shall be allocated as follows: 4.3.1 Except as provided in section 4.3.2 below, in the event that the Metro System is rerated so that additional permitted capacity is created, said capacity shall be allocated proportionately based upon the Metro System charges that have been paid since July 1, 1995 to the date of rerating. 4.3.2 In the event that the additional permitted capacity is created as the result of the construction of non-Metro System facilities, or as the result of the construction of facilities pursuant to Article VII, such additional capacity shall be allocated proportionately based on the payments made to plan, design and construct such facilities. 4.4 Deductions in Contract Capacity. The Parties further recognize that the Contract Capacity in Exhibit B and Projected Metro Flow 2050 in Exhibit G may be modified to comply with, or in response to, applicable permit conditions, or related regulatory action, or sound engineering principles. In the event that the capacity of the Metro System is rerated to a level below the total capacity set forth in Exhibit B, the Contract Capacity in Exhibit B and Projected Metro Flow 2050 in Exhibit G shall be reallocated proportionately pending the acquisition or construction of new facilities. The City shall acquire or construct such facilities as necessary to provide the Contract Capacity rights -17- 60409.00001\30914102.16 set forth in Exhibit B, as planning and capacity needs require. The costs of such facilities shall be assessed pursuant to Section 3.2. 4.5 Amendments to Exhibits B and G. As a ministerial matter, the City shall prepare amendments to Exhibits B and G to reflect any adjustment in Contract Capacity pursuant to this Article within ninety (90) days after the adjustment is made. The City shall give notice of the amendments to each Participating Agency, and shall provide copies of the amendments with the notice. The City shall keep an updated version of Exhibits B and G on file with the City Public Utilities Department. 4.6 The South Bay Land/Ocean Outfall. Nothing in this Article shall limit the City’s right to transfer capacity service rights in that portion of the South Bay Land/Ocean Outfall which is not part of the Metro System. V. SYSTEM OF CHARGES 5.1 Charges Authorized. The City agrees to implement and the Participating Agencies agree to abide by a new system of charges. This new system allows the City to equitably recover from all Participating Agencies their proportional share of the net Metro System Costs through the imposition of the following charges: 5.1.1 SSC (Sewer System Charge); 5.1.2 NCCC (New Contract Capacity Charge). 5.2 SSC (Sewer System Charge). The City shall determine the SSC based on the projected Metro System Costs (as defined below) for the forthcoming fiscal year, less all Metro System Revenues (as defined below). 5.2.1 Metro System Costs 5.2.1.1 The following shall at a minimum be considered Metro System Costs for purposes of calculating the annual SSC: 5.2.1.1.1 Except as provided in section 5.2.1.2 (Excluded Costs), the annual costs associated with administration, operation, maintenance, replacement, annual debt service costs and other periodic financing costs and charges, capital improvement, insurance premiums, claims payments and claims administration costs of the Metro System, including projected overhead. Overhead -18- 60409.00001\30914102.16 shall be calculated using accepted accounting practices to reflect the overhead costs of the Metro System. 5.2.1.1.2 Fines or penalties imposed on the City as a result of the operation of the Metro System, unless the fine/penalty is allocated to the City or a Participating Agency as provided in Section 2.6.7. 5.2.1.2 Excluded Costs. The following items shall not be considered Metro System Costs for purposes of calculating the annual SSC: 5.2.1.2.1 Costs related to the City of San Diego’s Municipal System as determined by reasonable calculations; 5.2.1.2.2 Costs related to the treatment of sewage from any agency which is not a party to this Agreement; 5.2.1.2.3 Costs related to the inspection and monitoring program for the industrial dischargers located in San Diego, including associated administrative and laboratory services; 5.2.1.2.4 Right-of-way charges for the use of public streets of the City or any Participating Agency. The City and the Participating Agencies agree not to impose a right-of- way charge for the use of its public rights-of-way for Metro System purposes; 5.2.1.2.5 Capital Improvement Costs of any non-Metro System facility; 5.2.1.2.6 Capital Improvement Costs for which an NCCC is paid; and 5.2.1.2.7 City Water Utility PW Costs. 5.2.2 Metro System Revenues. 5.2.2.1 The following revenues shall be at a minimum considered Metro System Revenues for purposes of determining the annual SSC: 5.2.2.1.1 Any grant or loan receipts or any other receipts that are attributable to the Metro System, including, but not limited to, all compensation or receipts from the sale, lease, or other conveyance or transfer of any asset of the Metro System; provided, however, that this shall not include any grant, loan, or other receipts attributable to the Metro System components of the Pure Water -19- 60409.00001\30914102.16 Program, which are specifically addressed in Section 5.2.2.1.8. 5.2.2.1.2 All compensation or receipts from the sale or other conveyance or transfer of any Metro System by- products, including, but not limited to gas, electrical energy, sludge products, and Reclaimed Water (excepting therefrom any receipts allocated pursuant to section 5.2.2.1.3). 5.2.2.1.3 The distribution of revenue from the sale of Reclaimed Water from the North City Water Reclamation Plant, including incentives for the sale of Reclaimed Water, shall first be used to pay for the cost of the Reclaimed Water Distribution System, then the cost of the Operation and Maintenance of the Tertiary Component of the North City Water Reclamation Plant that can be allocated to the production of Reclaimed Water, and then to the Metro System. 5.2.2.1.4 Any portion of an NCCC that constitutes reimbursement of costs pursuant to Section 7.1.4. 5.2.2.1.5 Any penalties paid under Section 7.3. 5.2.2.1.6 Proceeds from the Capital Expense Rate, as calculated under Exhibit F and allocated among the City and Participating Agencies in the proportions set forth in Column 12 of Exhibit G. 5.2.2.1.7 Those portions of Repurified Water Revenue attributable to the Metro System, as calculated under Exhibit F and allocated among the Participating Agencies in the proportions set forth in Column 12 of Exhibit G. 5.2.2.1.8 Any grant or loan receipts or any other receipts that are attributable to the Metro System components of the Pure Water Program, including, but not limited to, all compensation or receipts from the sale, lease, or other conveyance or transfer of any asset of the Metro System components of the Pure Water Program. Any proceeds under this section shall be allocated among the City and the Participating Agencies in the proportions set forth in Column 12 of Exhibit G. -20- 60409.00001\30914102.16 5.2.2.2 Excluded Revenue 5.2.2.2.1 Capital Improvement Costs for which an NCCC is paid; 5.2.2.2.2 Proceeds from the issuance of debt for Metro System projects. 5.2.2.2.3 Proceeds from the sale of Reclaimed Water used to pay for the Reclaimed Water Distribution System pursuant to section 5.2.2.1.3 above. 5.2.3 Calculation of SSC Rates. 5.2.3.1 Prior to the initial implementation of the new system of charges, the City shall prepare a sample fiscal year estimate setting forth the methodology and sampling data used as a base for Strength based billing (SBB) which includes Flow and Strength (Chemical Oxygen Demand (COD) and Suspended Solids (SS)). The analysis shall be submitted to each Participating Agency. 5.2.3.2 The City shall determine the unit SSC rates by allocating net costs (Metro System Costs less Metro System Revenues) between parameters of Flow, COD and SS. This allocation is based on the approved Functional-Design Methodology analyses for individual Capital Improvement Projects (CIPs) and estimated Operation and Maintenance (O&M) Costs allocated to the three parameters. The City may revise the calculations to include any other measurement required by law after the effective date of this Agreement. 5.2.3.3 The net cost allocated to each of the three parameters (Flow, COD and SS) shall be divided by the total Metro System quantity for that parameter to determine the unit rates for Flow, COD and SS. These unit rates shall apply uniformly to all Participating Agencies. 5.2.4 Estimate and Billing Schedule and Year End Adjustment 5.2.4.1 The City shall estimate the SSC rates on an annual basis prior to January 15. The City shall quantify the SSC rates by estimating the quantity of Flow, COD and SS for each Party, based on that Party’s actual flow and the cumulative data of sampling for COD and SS over the preceding years. If cumulative data is no longer indicative of discharge from a Participating Agency due to the implementation of methods to reduce Strength, previous higher readings may be eliminated. 5.2.4.2 Costs of treating Return Flow for solids handling will be allocated to the Participating Agencies in proportion to their Flow and -21- 60409.00001\30914102.16 Strength. Return Flow will not be counted against the Participating Agencies’ Contract Capacity as shown in Exhibit B. 5.2.4.3 The City shall bill the Participating Agencies quarterly, invoicing on August 1 , November 1, February 1 and May 1. Each bill shall be paid within thirty (30) days of mailing. Quarterly payments will consist of the total estimated cost for each Participating Agency, based on their estimated Flow, COD and SS, divided by four. 5.2.4.4 At the end of each fiscal year, the City shall determine the actual Metro System Costs and the actual Flow as well as the cumulative Strength data for the City and each of the Participating Agencies. The City shall make any necessary adjustments to the unit rates for Flow, COD and SS based on actual costs for the year. The City shall then recalculate the SSC for the year using actual costs for the year, actual Flow, and cumulative Strength factors (COD, SS and Return Flow) for the City and for each Participating Agency. The City shall credit any future charges or bill for any additional amounts due, the quarter after the prior year costs have been audited. 5.3 NCCC (New Contract Capacity Charge). If New Contract Capacity is required or requested by a Participating Agency, pursuant to Article VII, the Metro System shall provide the needed or requested capacity, provided that the Participating Agency agrees to pay an NCCC in the amount required to provide the New Contract Capacity. New Contract Capacity shall be provided pursuant to Article VII. 5.4 Debt Financing. The City retains the sole right to determine the timing and amount of debt financing required to provide Metro System Facilities. 5.5 Allocation of Operating Reserves and Debt Service Coverage. The Parties shall continue to comply with the 2010 Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies, attached hereto and incorporated herein as Exhibit C. VI.PLANNING 6.1 Projected Flow and Capacity Report. Commencing on July 1, 1999, each Participating Agency shall provide the City and the Metro Commission with a ten-year projection of its Flow and capacity requirements from the Metro System. The Agencies shall disclose any plans to acquire New Capacity outside the Metro System. This “Projected Flow and Capacity Report” shall be updated annually. -22- 60409.00001\30914102.16 6.2 Other Planning Information. Each Participating Agency shall provide the City with such additional information as requested by the City as necessary for Metro System planning purposes. 6.3 Ten-Year Capital Improvement Plan. The City shall prepare a Ten-Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat, and dispose of, or reuse all Flow in the Metro System in compliance with all applicable rules, laws and regulations. The plan shall be updated annually. 6.4 Notice to Metro Commission. In the event that the City is not able to include a facility in the Ten-Year Capital Improvement Plan, the City shall notify the Metro Commission as soon as possible before the detailed design or construction of such facility provided that the facility will significantly impact the Metro System. VII.FACILITIES SOLELY FOR NEW CONTRACT CAPACITY The Participating Agencies and City are obligated to pay for the acquisition or planning, design, and construction of new facilities in the Metro System that are needed solely to provide New Contract Capacity only under the terms provided below. 7.1 Determination of Need for New Contract Capacity. 7.1.1 As part of its planning efforts, and considering the planning information provided to the City by the Participating Agencies, the City shall determine when additional facilities beyond those acquired or constructed pursuant to Article III above will be necessary solely to accommodate a need for New Contract Capacity in the Metro System, whether by the City or by the Participating Agencies. The City shall determine: (1) the amount of New Contract Capacity needed; (2) the Participating Agency or Agencies, or the City, as the case may be, in need of the New Contract Capacity; (3) the type and location of any capital improvements necessary to provide the New Contract Capacity; (4) the projected costs of any necessary capital improvements; and, (5) the allocation of the cost of any such facilities to the Participating Agency and/or the City for which any New Contract Capacity is being developed. The City shall notify the Participating Agencies of its determination within sixty days of making such determination. 7.1.2 The City or Participating Agency or Agencies in need of New Contract Capacity as determined by the City pursuant to section 7.1.1 above, may choose, in their sole discretion, to obtain New Capacity outside of. the Metro System in lieu of New Contract Capacity. Under such circumstances, the Participating Agency or Agencies shall commit to the -23- 60409.00001\30914102.16 City in writing their intent to obtain such New Capacity. Upon such commitment, the City shall not be required to provide New Contract Capacity to such Agency or Agencies as otherwise required under this Agreement. 7.1.3 The Participating Agencies shall have six months from the date of notice of the determination within which to comment on or challenge all or part of the City’s determination regarding New Contract Capacity, or to agree thereto or to commit, in writing, to obtain New Capacity outside of the Metro System. Any Participating Agency objecting to the City’s determination shall have the burden to commence and diligently pursue the formal dispute resolution procedures of this Agreement within said six month period. The City’s determination shall become final at the close of the six month comment and objection period. The City’s determination shall remain valid notwithstanding commencement of dispute resolution unless and until otherwise agreed to pursuant to the dispute resolution process in Article IX, or pursuant to a final court order. 7.1.4 The City and the Participating Agency or Agencies which need New Contract Capacity shall thereafter enter into an agreement specifying the terms and conditions pursuant to which the New Contract Capacity will be provided, including the amount of capacity and the New Contract Capacity. Each Party obtaining New Contract Capacity shall reimburse the Metro System for the costs of acquisition, planning, design, and construction of facilities necessary to provide the New Contract Capacity that have been paid by other Parties under Section 7.2.3. 7.1.5 The Parties recognize that the City may acquire and plan, design and construct facilities that are authorized pursuant to both Article III and Article VII of this Agreement. Under such circumstances, the City shall allocate the costs and capacity of such facilities pursuant to Article III and Section 7.1.1 as applicable. 7.2 Charges for Facilities Providing New Contract Capacity 7.2.1 The expense of acquisition, planning, design, and construction of New Contract Capacity shall be borne by the City or the Participating Agency or Agencies in need of such New Contract Capacity. 7.2.2 Notwithstanding any provision in this Agreement, the City and the Participating Agencies shall pay for the Operation and Maintenance Costs of all facilities pursuant to the payment provisions of Article III, including those facilities acquired and constructed to provide New Contract Capacity in the Metro System. 7.2.3 Charges for the acquisition, planning, design and construction of facilities solely to provide New Contract Capacity shall be paid for by the -24- 60409.00001\30914102.16 Participating Agencies and the City pursuant to the payment provisions in Article III of this Agreement until an agreement is reached under Section 7.1.4. or pending the resolution of any dispute relating to the City’s determination with respect to New Contract Capacity. 7.2.4 As a ministerial matter, the City shall prepare amendments to Exhibits A and B to reflect the acquisition or construction of facilities to provide New Contract Capacity pursuant to this Article. The City shall give notice of the Amendments to the Participating Agencies, and shall provide copies of the Amendments with the notice. 7.3 Liquidated Damages. 7.3.1 The Parties recognize that appropriate capacity and long term planning for same are essential to the proper provision of sewerage service. In recognition of same, the Parties agree that discharge beyond Contract Capacity will result in damages that are difficult to determine. Therefore, the damages are being liquidated in an amount estimated to the actual damage that will be incurred by the City, and is not a penalty. In the event that a Participating Agency exceeds its Contract Capacity after the City has given notice that New Capacity is required, said Participating Agency shall be assessed and pay a liquidated damages until such time as the Participating Agency obtains the required New Capacity. The liquidated damages shall be one dollar ($1) for each gallon of Flow which exceeds the Participating Agency’s Contract Capacity for each quarter in which any exceedance occurs. The amount of liquidated damages shall be adjusted each fiscal year to reflect the annual percentage change in the Engineering News Record – Los Angeles construction cost index. 7.3.2 In the event that a Participating Agency fails to pay the charges imposed under this Article after the City has given notice that payment is required, said Participating Agency shall be assessed and shall pay liquidated damages which shall be determined by multiplying the most recent quarterly earnings rate of the Local Agency Investment Fund’s Pooled Money Investment Account times the total outstanding charges. The Participating Agency shall pay such liquidated damages each quarter until the outstanding charges are paid in full. VIII.THE METRO COMMISSION 8.1 Membership. The Metro Commission shall consist of one representative from each Participating Agency. Each Participating Agency shall have the right to appoint a representative of its choice to the Metro Commission. If a Participating Agency is a dependent district whose governing body is that of another independent public agency that Participating Agency shall be represented -25- 60409.00001\30914102.16 on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participating Agencies it governs. Each member has one vote in any matter considered by the Metro Commission. The Metro Commission shall establish its own meeting schedule and rules of conduct. The City may participate in the Metro Commission on an ex officio, non-voting basis. 8.2 Advisory Responsibilities of Metro Commission. 8.2.1 The Metro Commission shall act as an advisory body, advising the City on matters affecting the Metro System. The City shall present the position of the majority of the Metro Commission to the City’s governing body in written staff reports. The Metro Commission may prepare and submit materials in advance and may appear at any hearings on Metro System matters and present its majority position to the governing body of the City. 8.2.2 The Metro Commission may advise the City of its position on any issue relevant to the Metro System. IX.DISPUTE RESOLUTION This Section governs all disputes arising out of this Agreement. 9.1 Mandatory Non-Binding Mediation. If a dispute arises among the Parties relating to or arising from a Party’s obligations under this Agreement that cannot be resolved through informal discussions and meetings, the Parties involved in the dispute shall first endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the rules of JAMS, AAA, or any other neutral organization agreed upon by the Parties before having recourse in a court of law. Mediation shall be commenced by sending a Notice of Demand for Mediation to the other Party or Parties to the dispute. A copy of the notice shall be sent to the City, all other Participating Agencies, and the Metro Commission. 9.2 Selection of Mediator. A single mediator that is acceptable to the Parties involved in the dispute shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible, and chosen from lists furnished by JAMS, AAA, or any other agreed upon mediator. 9.3 Mediation Expenses. The expenses of witnesses for either side shall be paid by the Party producing such witnesses. All mediation costs, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be Metro System costs. -26- 60409.00001\30914102.16 9.4 Conduct of Mediation. Mediation hearings will be conducted in an informal manner. Discovery shall not be allowed. The discussions, statements, writings and admissions and any offers to compromise during the proceedings will be confidential to the proceedings (pursuant to California Evidence Code Sections 1115 – 1128 and 1152) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. The parties involved in the dispute shall have representatives attend the mediation who are authorized to settle the dispute, though a recommendation of settlement may be subject to the approval of each agency’s boards or legislative bodies. Either Party may have attorneys, witnesses or experts present. 9.5 Mediation Results. Any resultant agreements from mediation shall be documented in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. 9.6 Performance Required During Dispute. Nothing in this Article shall relieve the City and the Participating Agencies from performing their obligations under this Agreement. The City and the Participating Agencies shall be required to comply with this Agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this Agreement. 9.7 Offers to Compromise Any offers to compromise before or after mediation proceedings will not be used to prove a party’s liability for loss or damage unless otherwise agreed by the parties in writing (pursuant to Evidence Code Section 1152.) X.INSURANCE AND INDEMNITY 10.1 City Shall Maintain All Required Insurance. 10.1.1 Throughout the term of this Agreement the City shall procure and maintain in effect liability insurance covering Metro System assets and operations in the same manner, and to the same extent, as the City insures similar assets and operations of the City. Such insurance may be provided through separate policies for the Metro System, or by consolidating the Metro System with other City assets and operations for insurance purposes. If the Metro System is insured separately, policy limits, deductibles, and self-insured retentions shall be equivalent to what the City procures for other similar City assets and operations. The City shall maintain all insurance required by law, including workers’ compensation insurance, and may self-insure for certain losses when allowed by law. -27- 60409.00001\30914102.16 The proportionate cost of insurance for the Metro System shall be included in the computation of the SSC. 10.1.2 If the Metro System is insured separately, any policy or policies of liability insurance carried by the City for the Metro System shall name the Participating Agencies as additional insureds with evidence of same supplied to each upon request. 10.1.3 Upon request by the Metro Commission or a Participating Agency, the City shall promptly provide written coverage and policy information, including, but not limited to, the scope of coverage, policy limits, deductibles, and self-insured retentions, including information on any claims made against the policies and remaining limits and deductibles. 10.2 Substantially Equivalent Coverage. In the event of a transfer of the Metro System to a nonpublic entity pursuant to Article II, coverage substantially equivalent to all the above provisions shall be maintained by any successor in interest. XI.INTERRUPTION OF SERVICE Should the Metro System services to the Participating Agencies be interrupted as a result of a major disaster, by operation of federal or state law, or other causes beyond the City’s control, the Participating Agencies shall continue all payments required under this Agreement during the period of the interruption. XII.NOTICES REQUIRED UNDER AGREEMENT The City and each Participating Agency shall give notice when required by this Agreement. All notices must be in writing and either served personally, or mailed by certified mail. The notices shall be sent to the officer listed for each Party, at the address listed for each Party in Exhibit D in accordance with this Article. If a Party wishes to change the officer and/or address to which notices are given, the Party shall notify all other Parties in accordance with this Article. Upon such notice, as a ministerial matter, the City shall amend Exhibit D to reflect the changes. The amendment shall be made within thirty (30) days after the change occurs. The City shall keep an updated version of Exhibit D on file with the City Public Utilities Department. The City shall provide a copy of the amended Exhibit D to all Parties. XIII.EFFECTIVE DATE AND EXPIRATION 13.1 Effective Date. This Agreement shall be effective thirty (30) days after execution by the City and all of the Participating Agencies, and shall be dated as of the signature date of the last executing Party. -28- 60409.00001\30914102.16 13.2 Expiration. Subject to the rights and obligations set forth in Section 13.4, this Agreement shall expire on December 31, 2065. This Agreement is subject to extension by agreement of the Parties. The Parties shall commence discussions on an agreement to provide wastewater treatment services beyond the year 2065 on or before December 31, 2055, or at such time, if any, that the Point Loma WTP is required to be upgraded to secondary treatment. 13.3 Contract Capacity Rights Survive Expiration. The Participating Agencies’ right to obtain wastewater treatment services from the facilities referred to in, or constructed pursuant to this Agreement shall survive the expiration of the Agreement. Provided however, upon expiration of this Agreement, the Participating Agencies shall be required to pay their proportional share based on Flow and Strength of all Metro System Costs (Capital Improvement Costs and Operation and Maintenance) to maintain their right to such treatment services. Provided further, that in the event that the Participating Agencies exercise their rights to treatment upon expiration of this Agreement, the City shall have the absolute right, without consultation, to manage, operate and expand the Metro System in its discretion. 13.4 Capital Expense Rate Beyond Expiration. The Capital Expense Rate, as further described in Exhibit F, shall continue until the cost difference between (a) the actual sum of Pure Water Program Capital Improvement Costs and associated debt attributable to the Metro System under Exhibit F and/or the costs to upgrade the Point Loma WTP and (b) $1.8 billion (as adjusted for inflation), has been fully paid, or the Agreement expires, whichever is sooner. Notwithstanding, it is the express intent and desire of the City and the Participating Agencies that if the Agreement expires before the cost difference has been paid through the Capital Expense Rate, that the Capital Expense Rate continue in any extension of this Agreement negotiated by the Parties pursuant to Section 13.2 until the cost difference has been fully paid. 13.5 Abandonment. After December 31, 2065, the City may abandon the Metro System upon delivery of notice to the Participating Agencies ten (10) years in advance of said abandonment. Upon notice by the City to abandon the Metro System, the Parties shall meet and confer over the nature and conditions of such abandonment. In the event the Parties cannot reach agreement, the matter shall be submitted to mediation under Article IX. In the event of abandonment, the City shall retain ownership of all Metro System assets free of any claim of the Participating Agencies. XIV.GENERAL 14.1 Exhibits. 1.This Agreement references Exhibits A through G. Each exhibit is attached to this Agreement, and is incorporated herein by reference. The exhibits are as follows: -29- 60409.00001\30914102.16 Exhibit A Metro Facilities; Exhibit B Contract Capacities; Exhibit C Administrative Protocol on Allocation of Operating Reserves and Debt Service Coverage to Participating Agencies; Exhibit D Notice Listing; Exhibit E Reclaimed Water Distribution System; Exhibit F Pure Water Cost Allocation and Revenues; and Exhibit G Pure Water Capital Billing Table 14.2 Amendment of Agreement. Except as provided in this Agreement, and recognizing that certain amendments are ministerial and preapproved, this Agreement may be amended or supplemented only by a written agreement between the City and the Participating Agencies stating the Parties’ intent to amend or supplement the Agreement. 14.3 Construction of Agreement. 14.3.1 Drafting of Agreement It is acknowledged that the City and the Participating Agencies, with the assistance of competent counsel, have participated in the drafting of this Agreement and that any ambiguity should not be construed for or against the City or any Participating Agency on account of such drafting. 14.3.2 Entire Agreement The City and each Participating Agency represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this Agreement contains the entire agreement between the Parties, that this Agreement supersedes any and all prior agreements or understandings between the Parties unless otherwise provided herein, and that the terms of this Agreement are contractual and not a mere recital; that in executing this Agreement, no Party is relying on any statement or representation made by the other Party, or the other Party’s representatives concerning the subject matter, basis or effect of this Agreement other than as set forth herein; and that each Party is relying solely on its own judgement and knowledge. -30- 60409.00001\30914102.16 14.3.3 Agreement Binding on All; No Third Party Beneficiaries This Agreement shall be binding upon and shall inure to the benefit of each of the Parties, and each of their respective successors, assigns, trustees or receivers. All the covenants contained in this Agreement are for the express benefit of each and all such Parties. This Agreement is not intended to benefit any third parties, and any such third party beneficiaries are expressly disclaimed. 14.3.4 Severability 14.3.4.1 Should any provision of this Agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Agreement, but, rather, the Agreement shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the Parties shall be construed and enforced accordingly except to the extent that enforcement of this Agreement without the invalidated provision would materially and adversely frustrate either the City’s or a Participating Agency’s essential objectives set forth in this Agreement. 14.3.4.2 Should a court determine that one or more components of the allocation of costs set forth in this Agreement places the City or a Participating Agency in violation of Article XIII D, Section 6 of the California Constitution with respect to their ratepayers, such components shall no longer be of force or effect. In such an event, the City and the Participating Agencies shall promptly meet to renegotiate the violative component of the cost allocation to comply with Article XIII D, Section 6 of the California Constitution, and use the dispute resolution process in Article IX of this Agreement if an agreement cannot be reached through direct negotiation. 14.3.4.3 Should a state or federal agency provide a final, written determination that the method of allocating Pure Water Program Capital Improvement Costs under this Agreement violates the requirements of state or federal grants or loans which are, or will be, used to fund the wastewater components of the Pure Water Program, such allocation method will no longer be of any force or effect. In such an event, the Parties agree that the allocation of Pure Water Program Capital Improvement Costs attributable to the Metro System will be based on Strength and Flow as set forth in Section 3.4.1, and the allocation of Repurified Water Revenue and the Capital Expense Rate will be based on the Parties’ actual payments to fund the Pure Water Program Capital Improvement Costs attributable to the Metro System. The City and the Participating Agencies shall also promptly meet to negotiate an alternative cost allocation method that would comply with such grant or loan funding requirements. -31- 60409.00001\30914102.16 14.3.5 Choice of Law This Agreement shall be construed and enforced pursuant to the laws of the State of California. 14.3.6 Recognition of San Diego Sanitation District as Successor to Certain Parties. The Parties hereby acknowledge and agree that the San Diego County Sanitation District is a Participating Agency under this Agreement as the successor in interest to the Alpine Sanitation District, East Otay Mesa Sewer Maintenance District, Lakeside Sanitation District, Spring Valley Sanitation District, and Winter Gardens Sewer Maintenance District. 14.4 Declarations Re: Agreement. 14.4.1 Understanding of Intent and Effect of Agreement The Parties expressly declare and represent that they have read the Agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The Parties further expressly declare and represent that they fully understand the content and effect of this Agreement and they approve and accept the terms and conditions contained herein, and that this Agreement is executed freely and voluntarily. 14.4.2 Warranty Regarding Obligation and Authority to Enter Into This Agreement Each Party represents and warrants that its respective obligations herein are legal and binding obligations of such Party, that each Party is fully authorized to enter into this Agreement, and that the person signing this Agreement hereinafter for each Party has been duly authorized to sign this Agreement on behalf of said Party. 14.5 Restrictions on Veto of Transfers and Acquisitions of Capacity Each Party understands and agrees that this Agreement governs its respective rights and responsibilities with respect to the subject matter hereto and specifically recognizes that with respect to the transfer and acquisition of Contract Capacity (Section 4.2) or the creation of New Contract Capacity for any Participating Agency (Article VII), no Participating Agency has a right to veto or prevent the transfer of capacity by and among other Participating Agencies or with the City, or to veto or prevent the creation or acquisition of capacity for another Participating Agency or Agencies, recognizing that by signing this Agreement each Participating Agency has expressly preapproved such actions. The sole right of a Participating Agency to object to any of the foregoing shall be through expression of its opinion to the Metro Commission and, where applicable, through exercise of its rights under the dispute resolution provisions of this Agreement. -32- 60409.00001\30914102.16 14.6 Right to Make Other Agreements Nothing in this Agreement limits or restricts the right of the City or the Participating Agencies to make separate agreements among themselves without the need to amend this Agreement, provided that such agreements are consistent with this Agreement. Nothing in this Agreement or Exhibit F limits or restricts the right of the City or the Participating Agencies to enter into separate agreements for the purchase or sale of Repurified Water produced by the Water Repurification System or sharing in City Water Utility PW Costs. Such agreements shall not affect the cost allocation and Metro System revenues delineated in Exhibit F. 14.7 Limitation of Claims Notwithstanding any longer statute of limitations in State law, for purposes of any claims asserted by the City or a Participating Agency for refunds of overpayments or collection of undercharges arising under this Agreement, the Parties agree that such refunds or collections shall not accrue for more than four years prior to the date that notice of such claim is received by the City or a Participating Agency. This also applies to any related adjustments to each Participating Agency’s share of net Metro System costs or revenues resulting from the resolution of such claims. The City and the Participating Agencies hereby waive any applicable statute of limitations available under State law that exceed four years. In no case shall the limitations period stated in this section begin to accrue until the date that the annual audit and year-end adjustment from which the claim arises are complete. 14.8 Counterparts This Agreement may be executed in counterparts. This Agreement shall become operative as soon as one counterpart hereof has been executed by each Party. The counterparts so executed shall constitute one Agreement notwithstanding that the signatures of all parties do not appear on the same page. SIGNATURES ON FOLLOWING PAGES -33- 60409.00001\30914102.16 IN WITNESS WHEREOF, the Parties have executed this Amendment and Restated Regional Wastewater Disposal Agreement as of the date first set forth above. CITY OF CHULA VISTA Approved as to Form: Name: Name: Title: Title: CITY OF CORONADO Approved as to Form: Name: Name: Title: Title: CITY OF DEL MAR Approved as to Form: Name: Name: Title: Title: CITY OF EL CAJON Approved as to Form: Name: Name: Title: Title: CITY OF IMPERIAL BEACH Approved as to Form: Name: Name: Title: Title: CITY OF LA MESA Approved as to Form: Name: Name: Title: Title: LEMON GROVE SANITATION DISTRICT Approved as to Form: Name: Name: Title: Title: CITY OF NATIONAL CITY Approved as to Form: Name: Name: Title: Title: -34- 60409.00001\30914102.16 OTAY WATER DISTRICT Approved as to Form: Name: Name: Title: Title: PADRE DAM MUNICIPAL WATER DISTRICT Approved as to Form: Name: Name: Title: Title: CITY OF POWAY Approved as to Form: Name: Name: Title: Title: CITY OF SAN DIEGO Approved as to Form: Name: Name: Title: Title: SAN DIEGO COUNTY SANITATION DISTRICT Approved as to Form: Name: Name: Title: Title: EXHIBIT A 60409.00001\30914102.16 EXHIBIT A METRO FACILITIES AS OF 6/27/18 Existing Facilities Pt. Loma Wastewater Treatment Plant Pt. Loma Ocean Outfall Pump Station #1 Pump Station #2 South Metro Interceptor North Metro Interceptor Metro Force Mains 1 & 2 Digested Sludge Pipeline North City Water Reclamation Plant Metro Biosolids Center (NCWR Plant Related Facilities) North City Tunnel Connector North City Raw Sludge Pipeline Centrate Pipeline Rose Canyon Parallel Trunk Sewer Second Rose Canyon Trunk Sewer East Mission Bay Trunk Sewer Morena Blvd. Interceptor South Bay Water Reclamation Plant Dairy Mart Road & Bridge Rehab Grove Avenue Pump Station Grove Avenue Pump Station Sewer Pipeline South Bay Raw Sludge Pipeline South Bay Land/Ocean Outfall1 Environmental Monitoring & Technical Services Laboratory Centrate Treatment Facility at Metropolitan Biosolids Center Metro Operations Center (Iv10C) Complex (based on annual facilities allocation) Additional Metro Facilities Note: The below listed facilities could be required as part of the Metro System for hydraulic capacity, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Loma Wastewater Treatment Plant ("Waiver"). South Bay Sludge Processing Facility 1 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water Commission, U.S. Section (60.06%) and the City of San Diego (39.94%). The capacity of the City’s portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City as an exclusive right to 4.8 MGD. EXHIBIT A 60409.00001\30914102.16 South Bay Secondary Treatment Plant, Phase I (21 MGD) South Bay Secondary Sewers, Phase I Note: These facilities could be required as part of the Metro System for hydraulic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligations of OPRA (or its successor) or the terms of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement. South Bay Secondary Treatment Plant, Phase II (28 MGD) South Bay Secondary Sewers, Phase II Note: These facilities could be added to the Metro System as part of Phase I of the Pure Water Program. Expansion of North City Water Reclamation Plant Morena Pump Station EXHIBIT B 60409.00001\30914102.16 EXHIBIT B CONTRACT CAPACITIES Annual Average Daily Flow in Millions of Gallons Per Day Metro Agency Original Contract Capacity Additional Contract Capacity New Contract Capacity Transferred Contract Capacity Total Contract Capacity Percent of Total Chula Vista 19.843 1.021 0.000 0.000 20.864 8.182% Coronado 3.078 0.172 0.000 0.000 3.250 1.275% Del Mar 0.821 0.055 0.000 0.000 0.876 0.344% East Otay Mesa*0.000 0.000 0.000 1.000 1.000 0.392% El Cajon 10.260 0.655 0.000 0.000 10.915 4.280% Imperial Beach 3.591 0.164 0.000 0.000 3.755 1.473% La Mesa 6.464 0.359 0.000 0.170 6.993 2.742% Lakeside-Alpine*4.586 0.255 0.000 0.000 4.841 1.898% Lemon Grove 2.873 0.154 0.000 0.000 3.027 1.187% National City 7.141 0.346 0.000 0.000 7.487 2.936% Otay 1.231 0.056 0.000 0.000 1.287 0.505% Padre Dam 6.382 0.343 0.000 (0.500) 6.225 2.441% Poway 5.130 0.264 0.000 0.500 5.894 2.312% Spring Valley/ Otay Ranch* 10.978 0.545 0.000 (1.170) 10 .353 4.060% Wintergardens*1.241 0.068 0.000 0.000 1.309 0.513% Subtotal 83.619 4.459 0.000 0.000 88.078 34.540% EXHIBIT B 60409.00001\30914102.16 Metro Agency Original Contract Capacity Additional Contract Capacity1 New Contract Capacity2 Transferred Contract Capacity3 Total Contract Capacity Percent of Total San Diego 156.381 10.541 0.000 0.000 166.922 65.460% Total 240.000 15.000 0.000 0.000 255.000 100.00% * Indicates a sub-area of the San Diego County Sanitation District. 1.Additional Contract Capacity is capacity allocated pursuant to Section 4.3.1 of the Agreement. 2.New Contract Capacity is capacity obtained pursuant to Section 6 of the Agreement. 3.Transferred Contract Capacity is capacity obtained pursuant to Section 4.2 of the Agreement. EXHIBIT C 60409.00001\30914102.16 EXHIBIT C ADMINISTRATIVE PROTOCOL ON ALLOCATION OF OPERATING RESERVES AND DEBT SERVICE COVERAGE TO PARTICIPATING AGENCIES EXHIBIT D 60409.00001\30914102.16 EXHIBIT D NOTICE LISTING City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91919 Phone: (619) 691-5031 Fax: (619) 585-5612 City Manager City of La Mesa 8130 Allison Avenue La Mesa, CA 91942 Phone: (619) 667-1101 Fax: (619) 462-7528 Chief Operating Officer City of San Diego 202 “C” Street San Diego, CA 92101 Phone: (619) 236-5949 Fax: (619) 236-6067 City Manager City of Coronado 1825 Strand Way Coronado, CA 92113 Phone: (619) 522-7335 Fax: (619) 522-7846 City Manager City of Lemon Grove 3232 Main Street Lemon Grove, CA 91945 Phone: (619) 464-6934 Fax: (619) 460-3716 Chief Administrative Officer County of San Diego 1600 Pacific Highway, Rm. 209 San Diego, CA 92101 Phone: (619) 531-5250 Fax: (619) 557-4060 City Manager City of Del Mar 1050 Camino Del Mar Del Mar, CA 92014 Phone: 755-9313 ext. 25 Fax: 755-2794 City Manager City of National City 1243 National City Blvd. National City, CA 91950 Phone: (619) 336-4240 Fax: (619) 336-4327 General Manager Otay Water District 2554 Sweetwater Springs Blvd. Spring Valley, CA 91977 Phone: (619) 670-2210 Fax: (619) 670-2258 City Manager City of El Cajon 200 Civic Center Way El Cajon, CA 92020 Phone: (619) 441-1716 Fax: (619) 441-1770 City Manager City of Poway 13325 Civic Center Drive Poway, CA 92064 Phone: (858) 679-4200 Fax: (858) 679-4226 General Manager Padre Dam Municipal Water District 9300 Fanita Pkwy Santee, CA 92071 Phone: (619) 258-4610 Fax: (619) 258-4794 City Manager City of Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA 91932 Phone: (619) 423-8300 ext. 7 Fax: (619) 429-9770 EXHIBIT E 60409.00001\30914102.16 EXHIBIT E RECLAIMED WATER DISTRIBUTION SYSTEM October 23, 2018 Version 60409.00001\30398144.16 EXHIBIT F PURE WATER PROGRAM COST ALLOCATION AND REVENUES As part of the Pure Water Program, the City intends to modify the North City Water Reclamation Plant (a Metro System facility) and expand its capacity to 52 mgd. In addition, the City intends to construct the North City Pure Water Facility on a nearby site to produce Repurified Water. This Exhibit F sets forth the costs and revenues associated with the Pure Water Program which are, or are not, attributable to the Metro System. I.Costs Excluded from Metro System Costs All of the following Pure Water Program costs, including Capital Improvement Costs, Operation and Maintenance Costs, and other related costs (including administration, insurance, claims, and overhead) are excluded as Metro System Costs for purposes of calculating the annual Sewer System Charge, and shall be the responsibility of City’s water utility (“City Water Utility PW Costs”), unless otherwise expressly agreed to pursuant to an amendment to this Exhibit F: 1.1 General Exclusions. 1.1.1 Costs of the Water Repurification System and any Metro System facilities to the extent constructed, modified, expanded, or used for the purpose of treating water beyond secondary treatment (ocean discharge standard under current law). This shall include costs for preliminary treatment, primary treatment, and secondary treatment to the extent such costs are higher than they would otherwise be due to the production of Repurified Water. 1.1.2 Costs for fail-safe disposal, if necessary, for design capacity for Repurified Water, including, but not limited to, any costs associated with the reservation of capacity at the Point Loma Wastewater Treatment Plant. 1.1.3 Costs for the demolition or replacement of existing Metro System facilities with similar facilities for the purpose of making space available for Water Repurification System facilities. Such costs may take into account the current asset value or market value of the existing Metro System facility. 1.2 Cost Exclusions Specific to North City Water Reclamation Plant Improvements. 1.2.1 Costs for increased aeration tank volume to the extent the new volume exceeds the amount necessary to provide 52 mgd capacity. Determination of sizing to provide 52 mgd capacity shall be based on the current tank volume necessary to provide 30 mgd capacity. 1.2.2 Costs for the methanol feed system. 1.2.3 Costs for brine disposal, including, but not limited to, pump stations, pipelines, retreatment, ocean outfall, and monitoring. 60409.00001\30398144.16 2 1.2.4 Costs for the use of existing tertiary water filters for Repurified Water purposes. Such costs may take into account the depreciated value of such filters, or use such other appropriate valuation method as agreed by the City and authorized representatives of the Metro Commission. (Costs under this section shall be reimbursed or credited by City’s water utility to the Metro System.) II.North City Water Reclamation Plant Improvement Costs Included as Metro System Costs Notwithstanding the above exclusions, the City and the Participating Agencies have specifically agreed that the following Capital Improvement Costs and Operation and Maintenance Costs related to North City Water Reclamation Plant improvements shall be included as Metro System Costs for purposes of calculating the annual Sewer System Charge (and therefore not qualify as City Water Utility PW Costs): 2.1 Costs for chemically enhanced primary treatment for up to 52 mgd capacity. 2.2 Costs for primary effluent equalization for up to 52 mgd capacity. 2.3 Costs for increased volume of aeration tanks that will provide up to, but not exceeding, 52 mgd capacity. Determination of sizing to provide 52 mgd capacity shall be based on the current tank volume necessary to provide 30 mgd capacity. 2.4 Costs to add secondary clarifier tanks sufficient for up to 52 mgd capacity. 2.5 Costs for wastewater conveyance facilities to provide wastewater for replacement of centrate flows that cannot be treated at the North City Water Reclamation Plant due to the production of Repurified Water. 2.6 Costs for treatment and conveyance of all return flows (micro-filtration and tertiary backwash) based on Flow, COD, and SS. III.Cost Allocation Example Attachment 1 is an example of the City’s Pure Water Phase I Cost Estimate (based on 60% design), and indicates which costs are City Water Utility PW Costs and which costs are attributable to the Metro System. The Parties agree that Attachment 1 is an illustrative document to assist the Parties in the future and is not a comprehensive list of all such costs. If there is any conflict between this Exhibit F and Attachment 1, or if a specific cost is not addressed in Attachment 1, this Exhibit F shall control. IV.Revenue Sharing for Repurified Water 4.1 Background. Initially, the parties anticipate that the cost per acre foot associated with the production of Repurified Water will be more expensive than the cost per acre foot of untreated imported water. However, it is anticipated that Repurified Water produced under the Pure Water Program will be less expensive than untreated imported water sometime in the future. Once Repurified Water produced under the Pure Water Program becomes less expensive 60409.00001\30398144.16 3 than the cost of untreated imported water, the parties agree that there will be revenue from the Pure Water Program. 4.2 Calculation. Revenue sharing shall occur in each fiscal year during which the annual cost per acre foot associated with the production of Repurified Water is less than the cost of untreated water per acre foot from the San Diego County Water Authority (“CWA”). The annual cost difference shall be known as “Repurified Water Revenue.” Repurified Water Revenue shall be determined as follows: Attachment 2 is a summary of billings from CWA showing fixed and variable costs for untreated water. The Parties agree that Attachment 2 shall be referred to by the Parties in the future in determining how costs for water delivered at Miramar Reservoir are calculated. If no untreated water is delivered at Miramar Reservoir in a given year, then the closest point of delivery of untreated water to the City shall be used. The City shall estimate whether there will be Repurified Water Revenue in the upcoming fiscal year prior to January 15 of each year, and the estimated amount of Repurified Water Revenue shall be effective on July 1 of the upcoming fiscal year. 4.3 Revenue Sharing. Repurified Water Revenue shall initially be shared based on the relative actual Capital Improvement Costs for the Pure Water Program contributed by City’s Water Utility and the Metro System. Such Capital Improvement Cost contributions are currently estimated as (61% City Water Utility and 39% Metro System) until the debt attributable to the Metro System is fully paid. Following full payment of debt attributable to the Metro System, Repurified Water Revenue shall be shared based on the relative actual Operation and Maintenance Costs for Pure Water Program facilities contributed by City’s Water Utility and the Metro System, calculated Annual cost per acre foot of CWA untreated water purchased by the City for delivery at Miramar Reservoir (which shall be determined based on the total of certain fixed and variable costs for water actually billed to the City by CWA for water delivered at Miramar Reservoir in a fiscal year, divided by the number of acre-feet of CWA water delivered at Miramar Reservoir that year) less Annual cost per acre foot of City Water Utility PW Costs (which shall be determined based on total annual City Water Utility PW Costs divided by the number of acre-feet of Repurified Water actually produced in that year) multiplied by The number of acre feet of Repurified Water produced by Pure Water Program facilities during the applicable fiscal year. 60409.00001\30398144.16 4 annually. Such Operation and Maintenance Costs are currently estimated as (76% City Water Utility and 24% Metro System) on an annual basis. 4.4 Year-End Adjustment. At the end of each fiscal year during which there is Repurified Water Revenue, the City shall determine the actual cost per acre foot of CWA untreated water purchased by the City, the actual cost per acre foot of City Water Utility PW costs, and the actual amount of Repurified Water produced at Pure Water Program facilities. Based on the actual cost and production information, the City will recalculate the Repurified Water Revenue for the prior fiscal year. The City will credit any future charges or bill for any additional amounts due the quarter after the prior year costs have been audited. 4.5 Change in Potable Reuse Method. The parties acknowledge that the Pure Water Program will initially use the surface water augmentation method of potable reuse. The use of CWA untreated water costs in calculating Repurified Water Revenue is intended to provide an appropriate point of comparison to costs for producing Repurified Water that will be introduced into surface water. The parties agree that if the City implements direct potable reuse (in which Repurified Water is introduced directly into a water supply pipeline or facility), the parties shall meet and negotiate in good faith regarding an amendment to this Exhibit F to appropriately update the formula for Repurified Water Revenue. V.Capital Expense Rate 5.1 Background. The Point Loma Wastewater Treatment Plant operates under a National Pollutant Discharge Elimination System (“NPDES”) permit modified under section 301(h) & (j)(5) of the Clean Water Act. If such modified permit were ever revoked or not renewed, the parties agree that, under current law, the City would have an obligation to upgrade the Point Loma WTP to secondary treatment. The parties further agree that $1.8 billion is a fair and comprehensive estimation of the costs that could be incurred by the Metro System to meet the legal requirements related to the Metro System under current law. The estimate of $1.8 billion is based on the net present value of the capital cost to develop 180 MGD of secondary treatment at Point Loma WTP as of November 15, 2018. Therefore, the parties agree that $1.8 billion represents the maximum amount of Capital Improvement Costs that the Metro System should be obligated to contribute to the Pure Water Program, the purpose of which is not solely the disposal of wastewater, but also the production of Repurified Water. The parties agree that this $1.8 billion maximum contribution should apply whether or not the Point Loma WTP is actually upgraded to secondary treatment to meet legal requirements in the future because, as of the date of the Agreement, the parties have the option of upgrading the Point Loma WTP to full secondary treatment for the cost of approximately $1.8 billion. In light of the above, the parties have agreed that if Metro System costs related to the Pure Water Program exceed the $1.8 billion, City’s Water Utility will pay a charge for each acre foot of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. 5.2 Capital Expense Rate. Under the circumstances described below, City’s Water 60409.00001\30398144.16 5 Utility shall pay a charge (“Capital Expense Rate”) for each acre-foot of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. City’s Water Utility shall pay the Capital Expense Rate if the following costs alone, or in combination, exceed $1.8 billion (which amount shall be adjusted for inflation): (a) the sum of all Capital Improvement Costs and associated debt attributable to the Metro System components of the Pure Water Program under this Exhibit F; and/or (b) the sum of all Capital Improvement Costs and associated debt for the full or partial upgrading of the Point Loma Wastewater Treatment Plant to secondary treatment. Notwithstanding the above, the Capital Expense Rate shall not apply if the Point Loma WTP is actually upgraded to secondary treatment (or beyond) due to: (a) a change in federal or state statutory law making it necessary to upgrade the Point Loma WTP to comply with such new discharge standard; or (b) a final decision by a state or federal court or a federal administrative agency of competent jurisdiction that an NPDES permit modified under section 301(h) & (j)(5) of the Clean Water Act is thereby revoked or denied renewal due to a finding that the discharge from the Point Loma WTP violates anti-degradation rules or regulations promulgated under section 403 of the Clean Water Act. 5.3 Calculation of Capital Expense Rate. The amount per acre-foot of the Capital Expense Rate shall be determined as follows: The City shall estimate whether the Capital Expense Rate shall apply to the upcoming fiscal year (and its amount) prior to January 15 of each year, and the estimated amount of the Capital Expense Rate shall be effective on July 1 of the upcoming fiscal year. The sum of all Capital Improvement Costs and associated debt attributable to (i) the Metro System components of the Pure Water Program under this Exhibit F and (ii) upgrading of the Point Loma WTP to secondary treatment (if any) less $1.8 billion, as adjusted for inflation each July 1 (starting on July 1, 2019) to reflect the annual percentage change in the Engineering News Record – Los Angeles construction cost index multiplied by 1.42 (which estimates the total interest on a 30-year State Revolving Fund loan with an interest rate of 2.5%) and divided by The total number of acre feet per year of secondary treated effluent that is expected to be produced by Metro System facilities for the production of Repurified Water over a period of thirty (30) years. 60409.00001\30398144.16 6 For purposes of this Article V of Exhibit F, Capital Improvement Costs and associated debt shall include such costs incurred by the Metro System prior to the effective date of the Agreement. 5.4 Year-End Adjustment At the end of each fiscal year during which the Capital Expense Rate applies, the City shall determine the actual Capital Improvement Costs and associated debt attributable to the Metro System components of the Pure Water Program under this Exhibit F and any upgrading of the Point Loma WTP to secondary treatment, the then-applicable interest amount for outstanding loans for the Metro System components of the Pure Water Program and Point Loma WTP upgrades, and the actual amount of secondary treated effluent produced by Metro System facilities and used for the production of Repurified Water. Based on the actual cost, interest, and effluent information, the City will recalculate the Capital Expense Rate for the prior fiscal year. The City will credit any future charges or bill for any additional amounts due the quarter after the prior year costs have been audited. 5.5 Duration; Expiration The duration and expiration of the Capital Expense Rate is set forth in Section 13.4 of the Agreement. 60409.00001\30398144.16 ATTACHMENT 1 – PURE WATER PHASE I COST ESTIMATE Note: The above estimates are based on 60% design of Phase I of the Pure Water Program. EXHIBIT G 60409.00001\30914102.16 EXHIBIT G PURE WATER CAPITAL BILLING TABLE STAFF REPORT TYPE MEETING: Regular Board Meeting MEETING DATE: April 3, 2019 SUBMITTED BY: Mark Watton, General Manager W.O./G.F. NO: DIV. NO. APPROVED BY: Susan Cruz, District Secretary Mark Watton, General Manager SUBJECT: Board of Directors 2019 Calendar of Meetings GENERAL MANAGER’S RECOMMENDATION: At the request of the Board, the attached Board of Director’s meeting calendar for 2019 is being presented for discussion. PURPOSE: This staff report is being presented to provide the Board the opportunity to review the 2019 Board of Director’s meeting calendar and amend the schedule as needed. COMMITTEE ACTION: N/A ANALYSIS: The Board requested that this item be presented at each meeting so they may have an opportunity to review the Board meeting calendar schedule and amend it as needed. STRATEGIC GOAL: N/A FISCAL IMPACT: None. LEGAL IMPACT: None. Attachment: Calendar of Meetings for 2019 G:\UserData\DistSec\WINWORD\STAFRPTS\Board Meeting Calendar 4-03-19.doc Board of Directors, Workshops and Committee Meetings 2019 Regular Board Meetings: Special Board or Committee Meetings (3rd Wednesday of Each Month or as Noted) January 2, 2019 February 6, 2019 March 6, 2019 April 3, 2019 May 1, 2019 June 5, 2019 July 3, 2019 August 7, 2019 September 4, 2019 October 2, 2019 November 6, 2019 December 4, 2019 January 16, 2019 February 20, 2019 March 20, 2019 April 17, 2019 May 22, 2019 June 19, 2019 July 24, 2019 August 21, 2019 September 18, 2019 October 23, 2019 November 20, 2019 December 18, 2019 SPECIAL BOARD MEETINGS: May 2, 2019 at 3:00 p.m.: Budget Workshop No. 1 BOARD WORKSHOPS: June 5, 2019 at 3:30 p.m.: Budget Workshop No. 2 STAFF REPORT TYPE MEETING: Regular Board MEETING DATE: April 3, 2019 SUBMITTED BY: Mark Watton General Manager W.O./G.F. NO: N/A DIV. NO. N/A APPROVED BY: Mark Watton, General Manager SUBJECT: General Manager’s Report ADMINISTRATIVE SERVICES: GIS: • GIS Applications for the District’s Operation Management and Reporting – Staff presented three recently developed proof of concept applications using Esri’s latest technology, Insights. The showcased dashboard application, valve exercise and mark-outs, provides staff with near real-time reporting of these critical services, as well as intelligent trending, which can assist with work planning and future service demands. The other showcased GIS application, “heat-maps”, will help staff to identify and track meter transponder issues and pipeline breaks, and report the information via GIS service maps. The goal is to have these applications provide intelligent reporting, trending, and development of proactive mitigation actions to minimize significant and costly service disruptions. Human Resources: • New Hires/Promotions/Recruitments: o The Construction Inspector, Secretary, and Utility Crew Leader positions have been filled. The Utility Crew Leader was an internal promotion. o The District is recruiting for: Pump Mechanic I/II and Senior Utility Worker/Equipment Operator. o These positions are all critical to District operations. 2 IT Operations: • National Cybersecurity Assessment and Technical Services (NCATS) - Via a continued partnership with the Department of Homeland Security (DHS), the District has secured a no-cost, two-week engagement with their Cybersecurity and Infrastructure Services Division. A DHS team will be conducting a cyber risk and vulnerability assessment of the District’s technology security and associated practices. Together, staff and the DHS team will also evaluate service areas essential to District technology security in order to further harden cyber security prevention and intrusion mechanisms. This security assessment service has a typical cost of $50,000 - $75,000. Purchasing & Facilities: • Lobby Security Enhancement Update: o Lobby Doors and Ballistic Door Lites - Installation of lobby ballistic door lites that protect staff areas from the public, is scheduled for completion by the end of the second week in April. o Physical Secure Access - Once the ballistic door lites are installed, the public service area will be secured with physical access to staff work areas, granted only by checking-in with Customer Service or by Public Service staff and after releasing the door. o Fortified Lobby Customer Service Desk – Staff has issued a PO for a Customer Service approved level 3 fortified desk design. Installation is planned for the end of May. Level 2 barrier glass will follow as part of the project, with an anticipated completion timeline of end of the current fiscal year. Finishes are to complement Board Room appearance and detail. • BidSync Solicitations – During the last reporting period, one solicitation was advertised on the District’s solicitation web portal, BidSync, and on the District’s website: o “As-Needed Asphaltic Concrete Paving Service” – For all materials, labor, tools, equipment, supervision, transportation, handling, traffic control, and other incidentals necessary to provide as-needed asphaltic concrete paving services as required by the Otay Water District. The contract term is for one (1) year with four (4) 1-year extensions. Budgeted amount is $200,000 per year. This bid closes on April 4, 2019, 11:00:00 AM PDT. 3 Safety & Security: • America’s Water Infrastructure Act of 2018 (AWIA 2018) – Staff continues to follow federal AWIA 2018 updates via the Environmental Protection Agency. The AWIA 2018 requires the development of an agency wide risk and resilience assessment (RRA) and emergency response plan (ERP). All water systems across the nation are required to complete these two tasks within a two-year timeframe; timelines are dependent on the size of the population served. Staff recently attended a local seminar on the subject and is working to update the District’s existing RRA and ERP. The District has until March 31, 2020 to comply with the requirements of the new act. • San Diego Law Enforcement Coordination Center (SDLECC) – Staff worked with agents from the SDLECC and completed and submitted the required paperwork to request a cost-free critical infrastructure vulnerability assessment of the Administration, Operations and Treatment Plant buildings. The assessments are for internal consumption only and consist of identifying vulnerabilities that could be exploited by acts of terrorism; lists and prioritizes the vulnerabilities that could be exploited; and provides mitigation and target hardening options. Only with knowledge of any vulnerabilities, can our organization continue to apply security fixes and or any other compensatory controls to keep maintaining the integrity and improve the security of our infrastructure. Finance: • FY19 Annual Audit Update – The District’s audit firm, Teaman Ramirez & Smith, will be onsite between May 20th and May 23rd conducting interim fieldwork. They will be working closely with Finance staff to conduct internal control tests and other preliminary audit work. • February 14, 2019 Storm Damage – County OES coordinated a Preliminary Damage Assessment (PDA) with CalOES and FEMA to help local agencies with storm damage related expenses. Otay staff is estimating $10,000 in damages at the Storm Water Culvert near the treatment plant and $40,000 in damages to repair the Force Main Road from the treatment plant to the use area. FEMA and CalOES conducted on-site visits on March 8th across the county and are currently going through all county-wide submitted cost estimates and notes from their PDAs to determine if the county Operational Area will receive State or Federal Assistance. If approved, the county will notify the impacted agencies on how to proceed with obtaining financial assistance. • Debt Compliance – Staff is in the process of completing the required Annual Report for the 2009 GO Bonds and the 2010 A&B , 4 2013, 2016 and 2018 Water Revenue Bonds which is due to be filed through EMMA by March 31st. The report includes: the audited Financial Statements as of June 30, 2018, connections and water sales data, 10-largest customers listing, listings of District’s water fees and charges, rate comparison, PERS historic investment return, employer retirement contribution rates, Pension Asset Values, Summary of Investments, Outstanding Indebtedness, Historical Taxes and Net Revenues, Debt Service Coverage, and an Event reporting summary. • Fiscal Year (FY) 2020 Budget Preparation – Staff is in the process of finalizing the FY 2020 Operating and CIP budgets and has begun preparing for the May 2nd and June 5th Board Workshops. This is moving along smoothly due to the significant effort that all departments are putting toward the budget process. • Sewer Debt Issuance – Finance staff has resumed work on the 2019 Sewer Revenue Bonds to fund Construction Projects per Resolution No. 4344. An RFP for Bond/Disclosure Counsel will be issued in April. Staff and the District’s Municipal Advisor are working on a timeline that ends with a closing date in October 2019. • Investment Policy No. 27 – Finance staff is preparing an update to Investment Policy No. 27 for the April Finance Committee Meeting and the May Board meeting. The revised policy will clarify Certificates of Deposits as an investment option. The revised policy will also contain more restrictive language that reduces risk when investing in Commercial Paper or Medium Term Notes. • Debt Policy – Finance staff is researching the use of “internal borrowing” between Water and Sewer Funds as a funding option, in an effort to minimize external funding. Staff will be drafting an updated Debt Policy to reflect this new funding option for Board consideration in May/June timeframe. • Large Meter Testing- As part of our annual large meter testing program, 55 large meters (size 3” and above) have been tested throughout the District since July 1st. Of those tested, five meters were out of specification. These have either already been changed out or are on schedule for a change out in the coming month. Staff is on track to test 120 meters this year. • Chula Vista Sewer Billing Error - Approximately 250 Chula Vista sewer customers were overbilled for sewer in February due to a staff misunderstanding of exactly how a billing code works. Staff was able to identify the accounts affected and issued those customers credits and letters the first week of March. Customer 5 Service and IT staff have worked together to put processes in place to ensure this does not happen again. • Customer Service Managers Meeting- On March 14th, Otay hosted a lunch meeting for Customer Service Managers representing agencies throughout San Diego. This bi-annual meeting was established one year ago to allow inter-agency discussion of various customer service related topics. Useful information is always obtained at these meetings. • Cash Control Update – As part of the District’s ongoing efforts to enhance internal controls, Finance and IT staff worked with Union Bank to implement an additional payment control in August 2018. This control enhances Union Bank’s ability to detect and stop check fraud. On March 1, 2019, the control detected a fraudulent check, which was stolen after mailing and presented for payment. The control identified the check and staff rejected it as fraudulent. This payment control eliminated any loss of funds to the District. Financial Reporting: • The financial reporting for February 28, 2019 is as follows: o For the eight months ending February 28, 2019, there are total revenues of $67,711,016 and total expenses of $68,240.023. The expenses exceeded revenues by $529,007. Expenses exceeded revenues due to more rainfall this season. Total rainfall was 10.4 inches for the five month period between October, 2018 and February, 2019, compared to 2 inches for the same period of October, 2017 to February, 2018. As a result, residential, commercial irrigation, and recycled irrigation sales were down because customers watered their landscaping a lot less frequently. • The financial reporting for investments for January 31, 2019 is as follows: o The market value shown in the Portfolio Summary and in the Investment Portfolio Details as of February 28, 2019 total $76,244,985 with an average yield to maturity of 1.814%. The total earnings year-to-date are $776,402. ENGINEERING AND WATER SYSTEM OPERATIONS: Engineering: • 870-2 Pump Station Replacement: This project consists of a new pump station to replace the existing Low Head 571-1 and High Head 870-1 6 Pump Stations. The project also includes the replacement of the existing liner and cover for the 571-1 Reservoir (36.7 MG). During the month of March 2019, Pacific Hydrotech, the District’s construction contractor, continued work on the station’s interior including the installation of HVAC ducting, electrical cable trays and conduit. Work to install utility piping for the station’s gas and sewer lines was also initiated. Station specific submittals are in progress. February 2019 rains have impacted progress on site. Environmental compliance during construction is being monitored by Helix Environmental and to date there have been no issues. The project is within budget and scheduled to complete in December 2019. (P2083 & P2562) • Campo Road Sewer Replacement: The existing sanitary sewer from Avocado Road to Singer Lane is undersized and located in environmentally sensitive areas that are difficult to access. The Campo Road Sewer Replacement project will install approximately 7,420 linear feet of new 15-inch gravity sewer pipe and includes abandonment of the existing sewer main. During March 2019, the contractor’s horizontal auger boring subcontractor completed the jack and bore operations needed to install casing at the East Bore Jacking Pit located along westbound Campo Road at the north east corner of the Campo Road/Jamacha Boulevard intersection. It is anticipated that installation of the planned sewer main within the casing will begin in April 2019. Wier Construction, the contractor for the project, also continued installation of the planned sewer in the Rancho San Diego Village Shopping Center in the area behind the IHOP. Migratory bird surveys for the project were completed in March 2019. Sensitive species were identified along eastbound State Route 94 between Jamacha Boulevard and Via Mercado. Staff is reviewing proposed mitigation strategies to allow the remaining sewer installation work located within the lanes of State Route 94 to proceed. The project is within budget and the overall project is scheduled for completion in June 2019 pending implementation of mitigation strategies. (S2024) • Vista Vereda and Hidden Mesa Water Pipelines Replacement: The existing 1950’s steel water line along Vista Vereda between Vista Grande Road and Hidden Mesa Trail in the Hillsdale area has experienced leaks and is nearing the end of its useful life. The existing water main is located primarily within easements, many of which have had significant improvements performed over the years since the water line was constructed. This project will replace the existing water lines with new water lines in both Vista Vereda and Hidden Mesa Road. During March 2019, Cass Arietta, the District’s construction contractor, continued installation of the new water main in Hidden Mesa Road between Avenida Elisa and approximately 400 feet west of Hidden Springs Drive. February and 7 March 2019 rains have impacted progress on site. Construction completion is scheduled for August 2019. (P2574 & P2625) • Temporary Lower Otay Pump Station Redundancy: This project will add a second pump to the District’s existing temporary Lower Otay Pump Station (TLOPS) to provide redundancy. The redundant trailer vendor’s (Hawthorne) shop drawings have been approved and delivery of the trailer is scheduled for July 2019. A public works bid package, including grading, mechanical, structural, electrical, instrumentation & control, and installation of the trailer is scheduled to be advertised for construction and awarded in July 2019. The City of Chula Vista issued a Utility Permit on January 18, 2019. The final revision of the City of San Diego permit application was submitted on March 12, 2019. District staff met with the City of San Diego to discuss the District’s design and possible modifications to the existing water purchase agreement on January 22, 2019. (P2619) • Pipeline Cathodic Protection Replacement Program: This project includes repairs to existing cathodic protection systems, such as anode replacement, cathodic test station repairs, retrofit/repair of isolation kits, and repair of existing impressed current systems and anode beds. The first phase was completed on the District’s 1980 era RWCWRF 14-inch force main in 2017. A portion of the second phase went out for bid and was awarded with the District’s 870-2 Pump Station project. The remainder of the second phase was awarded to M-Rae Engineering, Inc. M-Rae completed work in the Sweetwater River east of the Cottonwood Golf Club, in Salt Creek east of Hunte Parkway, and in the area of Proctor Valley Road November 2018 through March 2019. M-Rae’s contract also includes cathodic protection improvements on existing interconnect pipelines between the Central Area and Otay Mesa. Work on this project is being coordinated with the completion of other CIP projects during the fiscal year to minimize operational impacts. This project is within budget. (P2508) • 711-3 Reservoir Cover/Liner Replacement: The existing cover/liner at the 711-3 Reservoir was installed in 2002 and shows substantial deterioration that has necessitated its replacement. Layfield, the construction contractor for the project, completed the testing of the reservoir’s new liner in March 2019. Work to install the reservoir’s cover also began in March 2019. Rains in February and March 2019 have impacted the scheduled completion of the work. The project is within budget and scheduled to complete in April 2019. (P2561) 8 • Ralph W. Chapman Water Reclamation Facility (RWCWRF) Headworks Improvements and Steele Bridge Wet Well Improvements: This project consists of channel wall and drain line replacements at the Ralph W. Chapman Water Reclamation Facility (RWCWRF) Headworks, and it also includes replacement of the existing wet well top slab and installation of a new stainless-steel wastewater bar screen with grouting at the Steele Bridge Sewer Pump Station. In March 2019, Tharsos, Inc. substantially completed work on the project to enable the treatment plant to go back into service. The project is within budget and on schedule to complete punch list items in April 2019. • 803-2 Reservoir Interior/Exterior Coating and Upgrades: This project consists of removing and replacing the interior and exterior coatings of the 803-2 (2.0 MG) Reservoir, along with providing structural upgrades, to ensure the tank complies with both state and federal OSHA standards as well as the American Water Works Association and the County Health Department standards. During March 2019, Advanced Industrial Services, the construction contractor for the project, continued structural repairs of the reservoir’s rafter that support the reservoir’s roof. Access to the 803-2 reservoir via the reservoir’s access road that crosses the Sweetwater River area was impacted during February and March 2019 due to a release of water from the Loveland Reservoir by the Sweetwater Authority. Access was restored in mid-March and it is anticipated that structural work will be completed, and interior blasting will begin in early April 2019. The project completion is scheduled for August 2019. The project is within budget. (P2565) • Pure Water Update: The City of San Diego (City) is expected to award the first contract for the Pure Water San Diego project starting with a notice to proceed issued in April for early site work for the North City Water Reclamation Plant. A second bid package is out on the street for the North City Pure Water Pipeline for the construction of approximately 7.5 miles of 48-inch welded steel pipeline and appurtenances from the proposed Pure Water Facility located on Eastgate Mall to Miramar Reservoir. The cost of the project and the impact this project will have on water and sewer rates has been a topic in the news with the City declining to estimate the impact on City customers. District staff and the City met briefly last month after the District received information about on-going negotiations between the City and Padre Dam Municipal Water District, San Diego County Sanitation District, and the City of El Cajon (“East County AWP Parties”) regarding the disposal, treatment, and/or management of solids, brine, and centrate (residuals) from the East AWP Program facilities under the Amended Wastewater Agreement. 9 Of specific concern to the District is that the City could restrict the disposal of residuals into the Metro System. The District met with members of the MetroTAC Residuals Management Working Group on March 19, 2019 to discuss the agreement being developed for the East AWP project and if a similar agreement may be applicable to Otay. A residuals agreement is not required with the City at this time, but the District should consider one in the future with the next Metro agreement or if any operational changes are made to the Chapman plant that would change the characteristics of flow returned to the sewer. The District also asked the working group to create an official record with the City Clerk of JPA concerns regarding the development and implementation of the wastewater portion of Pure Water. On February 26, 2019, the District sent a letter to the City of San Diego Public Utilities Department to clarify the interpretation of several sections of the Metro agreement related to the operation of the RWCWRF. This letter was acknowledged and agreed to by the City. With these outstanding issues addressed, staff is ready to take the Metro agreement to the April 2019 Board of Directors meeting. • RWCWRF Fuel Lines Replacement: Existing below grade fuel oil piping, partially installed together with the original treatment plant in 1979, will be replaced to gain compliance with a 2017 County of San Diego inspection report and current codes. The existing piping will be replaced, rather than retrofitted with a cathodic protection system, because the piping has reached the end of its useful life. The construction contract with Jauregui & Culver was executed on January 14, 2019. Notice to Proceed was issued on February 12, 2019. Project specific materials acquisition by the contractor is in progress. The project is scheduled to be completed in June 2019. (R2147) • Portable Trailer Mounted VFD Pumps: This project consists of procurement of a portable trailer mounted hydropneumatic pump station designed for deployment at up to eight (8) existing sites including five (5) hydropneumatic pump stations and three (3) small pressure zones each fed by a single gravity reservoir. A cost/benefit and alternatives analysis were completed in October 2018. District staff prepared drawings and a performance specification in December 2018. Informal quotes were received and analyzed in January 2019. The award to procure a single trailer is currently scheduled for the June Committee/July Board meetings. This project is on schedule. (P2640) • On February 27, 2019, staff gave a presentation to the San Diego State University Student Chapter of AWWA on the District’s Ralph W. 10 Chapman Water Reclamation Facility and the projected impacts of the City of San Diego’s Pure Water program on the District. Over a dozen students attended with a number of insightful questions asked. • For the month of February 2019, the District sold 18 meters (22.5 EDUs), generating $198,218 in revenue. Projection for this period was 60.8 meters (77.1 EDUs), with a budgeted revenue of $672,173. Total revenue for Fiscal Year 2019 is $6,079,214 against the annual budget of $8,066,070. Water System Operations (reporting for February): • The Treatment Plant was shut down on January 22 and will restart on approximately March 25. This shutdown is required so that contractors can accomplish routine inspections and perform scheduled maintenance on the Treatment Plant’s effluent force main, aeration basin upgrades, headworks and Steele Canyon Lift Station improvements. During this time, there will be no discharge of effluent flows into the recycled distribution system. All of the influent flows will be pumped using the San Diego County Rancho San Diego Lift Station. • On February 2, staff performed an unplanned shutdown at 1317 Park Drive in Chula Vista affecting 23 residential meters due to a defective 1-inch saddle on an 8-inch ACP main. The main break lasted from 7:45 PM to the next day at 5:30 AM. A water trailer was on site for affected customers. • On February 14, staff performed a planned shutdown to replace one 8-inch valve and install a new 12-inch valve at 3250 Sweetwater Springs Boulevard in Spring Valley to facilitate the upcoming County of San Diego storm water project. Helix Water District’s Emergency Interconnect at Sweetwater Springs Boulevard was opened to provide water to the nearby school. A total of 43,850 gallons or 0.13 AF was used. • On February 16, staff performed an unplanned emergency shutdown at 1500 Seal Point Court in Chula Vista due to a break on the 6-inch ACP line caused by tree roots. Four residential meters were affected from 12:30 PM to 4:40 PM. • On February 19, staff performed a planned shutdown on Hidden Springs Drive in El Cajon for the contractor (Cass Arrieta) to cut and cap the existing main to facilitate future tie-ins with the new main. The shutdown affected 19 residential customers and it lasted from 8:00 AM to 5:00 PM. A water trailer was on site for affected customers. 11 • On February 26, staff performed an unplanned emergency shutdown at the end of Osage Street in Spring Valley due to a beam breakage on an 8-inch ACP line on the 2-inch blow off saddle. The shutdown lasted from 10:00 AM to 1:00 PM and no customers were affected. • On February 27, staff performed a planned shutdown at Hidden Springs Drive and Hidden Mesa Road in El Cajon as part of the new pipeline replacement project. Sixteen residential meters were affected from 8:00 AM to 3:30 PM and a water trailer was on site for those affected. • On February 28, staff performed a planned shutdown on Hidden Mesa Road and Avenida Elsa in El Cajon to tie-in the new pipeline. Fourteen residential meters were affected from 8:00 AM to 4:30 PM and a water trailer was on site for those affected. • As a follow up to the March 6 Board Meeting, staff reviewed the following initiatives and information in order to mitigate the theft of District water: Initiatives: o Over a year ago, District staff created and published a video on the District’s YouTube channel that informs the public of how to identify potential occurrences of water theft and the impacts water theft can have on the public it serves. Since it went live, the video has over one thousand views. o Additionally, the District has published on its website the fines that have been issued, while withholding names, in order to deter others and to reinforce that the District does hold individuals and businesses accountable. o Staff plans to remind and highlight these efforts publicly in upcoming newsletters and social media outreach. o Spotting water theft is a regular topic of discussion with field staff to be mindful of as they travel to and from job sites throughout the District. o Staff has developed an online water theft form on the District’s SharePoint site to allow staff members to report water theft violations out in the field. Staff is also looking into developing an online form for the public to use. Information: o There are 6,192 hydrants within the District. The average cost to lock a hydrant is approximately $250 per hydrant (for materials only) resulting in a total estimated cost of $1,500,000 (without installation) to retrofit the District’s hydrants. 12 o The average cost of a water truck, with a 2,000 gallon capacity, is approximately $20 worth of water. o The use of these locking devices, although a deterrent, still will not guarantee that they will prevent break-ins for water theft. o The use of these locking devices and keys would need to be coordinated with all the fire departments located within the District so as not to interfere with emergency response. • On March 12, staff responded to a sanitary sewer overflow from a manhole south of the Rancho San Diego Village Shopping Center in La Mesa. Staff cleared the sewer main and discovered pieces of pipe in the sewer main that was causing the partial blockage. It was determined that the contractor working on the Campo Road Sewer Replacement Project left the pieces of pipe in the sewer main and is responsible for the overflow. • On March 20, Cal-American Water requested to have the emergency interconnect on Otay Valley Road opened due to a main break in their system. The interconnect was used for approximately 90 minutes. Purchases and Change Orders: • The following table summarizes purchases and Change Orders issued during the period of February 19 through March 4, 2019 that were within staff signatory authority: Date Action Amount Contractor/ Consultant Project 02/19/19 P.O. $8,161.58 Trane US, Inc. Trane Service Agreement 02/22/19 P.O. $5,000.00 WageWorks, Inc. Flexible Spending Account 02/28/19 P.O. $19,423.00 Southwest Millworks, Inc. Customer Service Desks 03/04/19 P.O. $9,560.00 Southwest Millworks, Inc. Public Service Desk 13 Water Conservation and Sales: • Water Conservation - February 2019 usage was 24% lower than February 2013. Since February 2018, customers have saved an average of 11% over 2013 levels. • • The February potable water purchases were 1,322.2 acre-feet which is 40.1% below the budget of 2,205.9 acre-feet. The cumulative purchases through February were 18,754.3 acre-feet which is 11.7% below the cumulative budget of 21,238.7 acre-feet. 14 • The Febuary recycled water purchases and production were 0.1 acre- feet which is 99.9% below the budget of 107.8 acre-feet. The cumulative production and purchases through February were 2,350.4 acre-feet which is 4.8% below the cumulative budget of 2,468.6 acre-feet. Potable, Recycled, and Sewer (Reporting up to the month of February): • Total number of potable water meters: 50,537. • Total number of sewer connections: 4,736. • Recycled water consumption for the month of February: o Total consumption: 39 acre-feet or 12,755,644 gallons. o Average daily consumption: 455,559 gallons per day. o Total cumulative recycled water consumption since July 1, 2018: 2432.5 acre-feet. o Total number of recycled water meters: 727. • Wastewater flows for the month of February: o Total basin flow: 1,846,889 gallons per day. This is an increase of 14.22% from February 2018. o Spring Valley Sanitation District Flow to Metro: 612,903 gallons per day. 15 o Total Otay flow: 1,233,643 gallons per day. o Flow Processed at the Ralph W. Chapman Water Recycling Facility: zero gallons per day. o Flow to Metro from Otay Water District: 1,233,961 gallons per day. • By the end of February there were 6,747 wastewater EDUs. Check Total 2,776.66 2,706.85 3,537.99 26,597.57 4,326.95 4,326.95 TELEPHONE SERVICES (12/12/18 - 1/11/19) 4,384.97 4,384.97 2052056 03/20/19 07785 AT&T 000012594948 02/12/19 TELEPHONE SERVICES (01/12/19 - 02/11/19) 2051984 03/06/19 07785 AT&T 000012453347 01/12/19 39.31 2052013 03/13/19 17264 ARTIANO SHINOFF ABED 301811 02/19/19 LEGAL SERVICES (THRU JAN 2019) 39,014.40 39,014.40 8,432.56 8,432.56 2051972 03/06/19 19416 ARMANDO MARQUEZ Ref002540984 03/04/19 UB Refund Cst #0000249786 39.31 UB Refund Cst #0000205253 36.31 36.31 2051932 02/27/19 03492 AQUA-METRIC SALES COMPANY INV0072392 02/04/19 INVENTROY CM201911 02/05/19 MGMT/INSP (Jan 2019) 2,560.00 2051971 03/06/19 19408 ANNA MORALES Ref002540975 03/04/19 CM201910 02/05/19 MGMT/INSP (Jan 2019) 2,720.00 CM20198 02/05/19 MGMT/INSP (Jan 2019) 2,560.00 CM20197 02/05/19 MGMT/INSP (Jan 2019) 5,680.00 CM201912 02/06/19 MGMT/INSP (Jan 2019) 3,127.57 34.67 34.67 2051931 02/27/19 14462 ALYSON CONSULTING CM20919 02/05/19 MGMT/INSP (Jan 2019) 9,950.00 AS-NEEDED UTL LOCATING (1/1/19-1/31/19) 18,787.50 18,787.50 2052048 03/20/19 19424 ALMA BELTRAN Ref002544848 03/18/19 UB Refund Cst #0000240593 131581001 01/31/19 AQUA AMMONIA 248.49 2052012 03/13/19 15024 AIRX UTILITY SURVEYORS INC 1101312019 02/12/19 AQUA AMMONIA 2,477.00 131581120 01/31/19 AQUA AMMONIA 812.50 2051930 02/27/19 07732 AIRGAS SPECIALTY PRODUCTS INC 131581121 01/31/19 675.00 2052011 03/13/19 11462 AEGIS ENGINEERING MGMT INC 1437 02/15/19 DEVELOPER PLAN REVIEW (1/12/19-2/8/19) 28,367.08 28,367.08 1,013.64 1,013.64 2052010 03/13/19 17989 ADS CORP 22335220219 02/16/19 ADS MAINTENANCE & REPORTING (FEB 2019) 675.00 SHAREPOINT SERVICES 750.00 750.00 2052055 03/20/19 18122 ACC BUSINESS 190467422 02/27/19 INTERNET CIRCUITS 1038520 02/07/19 SODIUM HYPOCHLORITE 75.86 2052009 03/13/19 08488 ABLEFORCE INC 8389 03/04/19 1038519 02/07/19 SODIUM HYPOCHLORITE 708.07 1038379 01/31/19 SODIUM HYPOCHLORITE 102.16 SODIUM HYPOCHLORITE 1,112.69 1038378 01/31/19 SODIUM HYPOCHLORITE 708.07 2051929 02/27/19 01910 ABCANA INDUSTRIES INC 1038377 01/31/19 1038986 02/21/19 SODIUM HYPOCHLORITE 136.56 1038762 02/14/19 SODIUM HYPOCHLORITE 101.15 1038763 02/14/19 SODIUM HYPOCHLORITE 718.19 1038761 02/14/19 SODIUM HYPOCHLORITE 505.77 Amount 2052008 03/13/19 01910 ABCANA INDUSTRIES INC 1038985 02/21/19 SODIUM HYPOCHLORITE 1,314.99 CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description Page 1 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 9,385.90 4,356.13 void 23,513.06 RCS TRAILER RENTAL (FEB 2019) 6,465.00 6,465.002051938 02/27/19 11797 D&H WATER SYSTEMS INC I20190113 01/31/19 I20190188 02/21/19 CHLORINE PM KITS 3,701.28 i20190187 02/21/19 CHLORINE PM PARTS 2,959.35 120.00 2052019 03/13/19 11797 D&H WATER SYSTEMS INC I20190166 02/13/19 CHLORINE ANALYZER & FEED SYSTEM 16,852.43 521.00 521.00 2051990 03/06/19 00693 CSDA - SAN DIEGO CHAPTER 022019 02/27/19 BUSINESS MEETING 120.00 AGENCY FEES 422.10 422.10 2052018 03/13/19 02122 COUNTY OF SAN DIEGO 012142012RI2018 12/27/18 PERMIT FEES # 01214 (MAR 2019-MAR 2020) 2052017 03/13/19 00206 COUNTY OF SAN DIEGO 3310 02/20/19 382.50 2051989 03/06/19 00206 COUNTY OF SAN DIEGO 3310 02/20/19 AGENCY FEES 422.10 422.10 9,683.90 9,683.90 2051937 02/27/19 00184 COUNTY OF SAN DIEGO 2003193E6023701 02/04/19 SHUT DOWN TEST (JAN 2019) 382.50 UB Refund Cst #0000240243 1,709.84 1,709.84 2051988 03/06/19 00099 COUNTY OF SAN DIEGO DPWAROTAYMW 02/09/19 EXCAVATION PERMITS (JAN 2019) K099479 02/01/19 INVENTORY 365.06 2051987 03/06/19 19410 CORNERSTONE COMMUNITIES Ref002540977 03/04/19 INVENTORY 2,346.80 K089622 01/30/19 INVENTORY 1,644.27 K147275 02/14/19 INVENTORY 937.43 2051936 02/27/19 18331 CORE & MAIN LP K078338 02/01/19 10,398.88 10,398.88 2052016 03/13/19 18331 CORE & MAIN LP K041621 02/18/19 OCTAVE METER 8,448.47 REGISTER REPLACEMENT PROGRAM 7,069.92 7,069.92 2052057 03/20/19 17923 CONCORD UTILITY SERVICES 2507 02/15/19 REGISTER REPLACEMENT PROGRAM 2051986 03/06/19 17923 CONCORD UTILITY SERVICES 2499 02/08/19 9,447.50 2051935 02/27/19 17923 CONCORD UTILITY SERVICES 2488 02/01/19 REGISTER REPLACEMENT PROGRAM 10,761.44 10,761.44 94.14 94.14 2052015 03/13/19 17842 COMMERCIAL TRANSPORTATION 3401 02/26/19 SAFETY TRAINING 9,447.50 AUDIOVISUAL CONSULTING 6,338.96 6,338.96 2052014 03/13/19 00234 CITY TREASURER 1000247086 01/30/19 WATER DELIVERIES (FY 2018) 2051934 02/27/19 19193 CIBOLA SYSTEMS CORP 1900 01/31/19 45.00 2051933 02/27/19 00848 CASS CONSTRUCTION INC 201312019 01/31/19 WATER LINE REPLACEMENT (ENDING 1/31/19) 209,458.85 209,458.85 51.41 51.41 2051985 03/06/19 04071 CAPITOL WEBWORKS LLC 29600 02/28/19 OUTSIDE SERVICES 45.00 UB Refund Cst #0000243482 8.90 8.90 2051974 03/06/19 19412 BRITNEY ODOM Ref002540980 03/04/19 UB Refund Cst #0000242379 2052050 03/20/19 19425 BRANDI LYON Ref002544849 03/18/19 32.96 2052049 03/20/19 12690 BONG LEE Ref002544844 03/18/19 UB Refund Cst #0000015163 48.90 48.90 2051973 03/06/19 19417 BEWAR HAJI Ref002540985 03/04/19 UB Refund Cst #0000250745 32.96 Page 2 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 10,680.25 5,316.39 10,395.82 81.85 2052023 03/13/19 01327 FRANK & SON PAVING INC 201312019 02/12/19 PKG LOT IMPROVE PHASE II (10/1/18-1/31/19) 78,758.09 78,758.09 57.45 57.45 2051979 03/06/19 19403 FRANCISCO PEREZGROVAS Ref002540970 03/04/19 UB Refund Cst #0000007058 81.85 FLEET WASH SERVICES 111.28 111.28 2051992 03/06/19 18600 FRANCHISE TAX BOARD Ben2541037 03/07/19 BI-WEEKLY PAYROLL DEDUCTION 2052022 03/13/19 11962 FLEETWASH INC x1534040 02/22/19 135.00 2051941 02/27/19 11962 FLEETWASH INC x1525936 02/08/19 FLEET WASH SERVICES 148.68 148.68 99.00 99.00 2051991 03/06/19 02591 FITNESS TECH 11181 02/01/19 GYM EQUIPMENT MAINTENANCE (FEB 2019) 135.00 UB Refund Cst #0000069214 29.55 29.55 2051940 02/27/19 17888 FIRST AMERICAN DATA TREE LLC 9003400119 01/31/19 ONLINE DOCUMENTS (MONTHLY) 0662797 02/01/19 INVENTORY 359.63 2051978 03/06/19 19406 FIDEL DUMALAG Ref002540973 03/04/19 06627952 02/11/19 INVENTORY 1,426.61 0664294 02/11/19 INVENTORY 775.81 02/04/19 INVENTORY 4,830.00 0662795 01/31/19 INVENTORY 3,003.77 5,023.31 06642941 02/13/19 INVENTORY 293.08 2051939 02/27/19 03546 FERGUSON WATERWORKS # 1083 06627951 BUTTERFLY VALVES 20,235.46 20,235.46 2052021 03/13/19 03546 FERGUSON WATERWORKS # 1083 0665022 02/19/19 INVENTORY 2052060 03/20/19 03546 FERGUSON WATERWORKS # 1083 0627194 02/15/19 75.00 2052059 03/20/19 19419 FELICIA MONTANO 31219FM 03/12/19 FINGERPRINTING REIMBURSEMENT 20.00 20.00 36.05 36.05 2052051 03/20/19 19423 ERICKA DELACRUZ Ref002544847 03/18/19 UB Refund Cst #0000231179 75.00 UB Refund Cst #0000225707 75.00 75.00 2051977 03/06/19 19407 ELIA CARRILO Ref002540974 03/04/19 UB Refund Cst #0000185843 2051976 03/06/19 19409 DENISSE LEGASPE PACHECO Ref002540976 03/04/19 EI1883000062 04/22/18 GPS TRACKING SYSTEM 1,525.75 EI1883000089 06/06/18 GPS TRACKING SYSTEM 1,525.75 EI1883000109 07/17/18 GPS TRACKING SYSTEM 1,525.75 EI1883000024 02/15/18 GPS TRACKING SYSTEM 1,525.75 EI1883000155 11/11/18 GPS TRACKING SYSTEM 1,525.75 EI188001065 10/18/18 GPS TRACKING SYSTEM 1,525.75 1,525.75 2052058 03/20/19 18705 DELPAK SYSTEMS LTD EI1883000163 12/06/18 GPS TRACKING SYSTEM 1,525.75 25.30 25.30 2052020 03/13/19 18705 DELPAK SYSTEMS LTD EI198000178 02/12/19 GPS TRACKING SYSTEM 1,525.75 2051975 03/06/19 19405 DAVID SAMO Ref002540972 03/04/19 UB Refund Cst #0000040063 Page 3 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 4,152.98 4,222.50 23,109.64 6,805.36 26,105.58 RES 711-3 FLT CVR & LINER (ENDING 2/28/19) 227,762.50 227,762.502052065 03/20/19 15615 LAYFIELD USA CORPORATION 602282019 02/25/19 32,975.00 2051994 03/06/19 13297 LAND SOUTH LLC 1534030419 03/04/19 CUSTOMER REFUND 1,676.35 1,676.35 30,951.25 30,951.25 2052028 03/13/19 05840 KIRK PAVING INC 7026 02/14/19 PAVING SERVICES 32,975.00 UB Refund Cst #0000244005 105.06 105.06 2052064 03/20/19 05840 KIRK PAVING INC 7027 02/14/19 PAVING SERVICES 0644090254 03/08/19 W/O REUFUND D0644-090254 6,105.58 2052054 03/20/19 19426 KELSEA CONLIN Ref002544850 03/18/19 1,757.00 2052027 03/13/19 07536 JAMUL INDIAN VILLAGE 0644090280 03/08/19 W/O REFUND D0644-090280 20,000.00 38.27 38.27 2051993 03/06/19 17106 IWG TOWERS ASSETS II LLC 480436 03/01/19 ANTENNA SUBLEASE (MAR 2019) 1,757.00 SCRUBBER REPAIRS 39,313.75 39,313.75 2052053 03/20/19 19421 IRMA MENDEZ Ref002544845 03/18/19 UB Refund Cst #0000053029 2052026 03/13/19 15368 INTEGRITY MUNICIPAL SYSTEMS 8454 02/22/19 3,480.77 149262 02/04/19 BILL PROCESSING SERVICES 2,365.49 148914 01/31/19 BILL PROCESSING SERVICES 959.10 GAS DETECTION PROGRAM 855.43 855.43 2051946 02/27/19 08969 INFOSEND INC 148915 01/31/19 BILL PROCESSING SERVICES 013672 02/08/19 AS-NEEDED ENVIRONMENTAL (Jan 2019) 237.50 2051945 02/27/19 17816 INDUSTRIAL SCIENTIFIC CORP 2176358 01/31/19 0136278 02/08/19 AS-NEEDED ENVIRONMENTAL (Jan 2019) 525.00 0136263 02/08/19 AS-NEEDED ENVIRONMENTAL (Jan 2019) 341.42 0136264 02/08/19 AS-NEEDED ENVIRONMENTAL (Jan 2019) 3,400.00 0136339 02/11/19 AS-NEEDED ENVIRONMENTAL (Jan 2019) 816.20 6.15 6.15 2051944 02/27/19 15622 ICF JONES & STOKES INC 0136275 02/08/19 SAN MIGUEL HMA (1/1/19-1/25/19) 17,789.52 AS-NEEDED ENVIRO (ENDING 2/17/19) 3,747.73 3,747.73 2052052 03/20/19 19422 HUMBERTO AMES Ref002544846 03/18/19 UB Refund Cst #0000185457 02/06/19 AS-NEEDED ENVIRO (ENDING 1/20/19) 3,942.75 3,942.75 2052025 03/13/19 02008 HELIX ENVIRONMENTAL 70533 02/21/19 3,475.00 200940014 02/12/19 ASSET MANAGMENT SVCS (1/1/19-1/31/19) 747.50 2051943 02/27/19 02008 HELIX ENVIRONMENTAL 70334 LANDSCAPING SERVICES 9,144.00 9,144.00 2052024 03/13/19 18436 HAZEN AND SAWYER DPC 2009400012 02/14/19 HYDRAULIC MODELING (1/1/19-1/31/19) 10086150 03/06/19 DESKTOP COMPUTERS 2,076.49 2051942 02/27/19 12907 GREENRIDGE LANDSCAPE INC 17801 01/31/19 128.76 128.76 2052063 03/20/19 03537 GHA TECHNOLOGIES INC 10081125 02/11/19 DESKTOP COMPUTERS 2,076.49 WCG SCHOOL TOURS (FEB 2019) 3,800.00 3,800.00 2052062 03/20/19 17855 GASTELUM, HECTOR 020119022819 02/28/19 MILEAGE REIMBURSEMENT (FEB 2019) 2052061 03/20/19 13563 FRIENDS OF THE WATER E20190204 02/28/19 Page 4 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 51,870.00 2,544.00 1,458.55 1,458.55 CORROSION SERVICES (1/1/19-1/31/19) 11,040.00 11,040.00 2051957 02/27/19 08972 RICK ENGINEERING COMPANY 0065911 02/11/19 CAMPO RD SUPP SVCS (1/1/19-1/25/19) 2051956 02/27/19 15647 RFYEAGER ENGINEERING LLC 19019 02/04/19 1,155.00 2052034 03/13/19 01715 PORRAS, PEDRO 032419032919A 02/06/19 MEAL ADVANCE (03/24/19-03/29/19) 412.00 412.00 297.50 297.50 2051955 02/27/19 06419 PLANT SOUP INC 1231 02/11/19 PROFESSIONAL WRITING SERVICES 1,155.00 PUMPING SERVICES FOR AER BASINS 18,840.00 18,840.00 2052067 03/20/19 15081 PINOMAKI DESIGN 5827 03/01/19 GRAPHIC DESIGN SERVICES 2052033 03/13/19 19354 PATRIOT ENVIROMENTAL SERV INC 0419000471 02/20/19 17,668.82 2052032 03/13/19 19310 PALM LAUNDRY INC OWD002 02/27/19 TOWEL LAUNDRY SERVICE (FEB 2019) 242.18 242.18 335,707.64 335,707.64 2051954 02/27/19 18562 PACIFIC WESTERN BANK 1401312019 02/06/19 RET/PAC HYDROTECH A7533 (ENDING 1/31/19) 17,668.82 UB Refund Cst #0000240583 191.32 191.32 2051953 02/27/19 06646 PACIFIC HYDROTECH CORPORATION 1401312019 02/06/19 870-2 PS REPLACEMENT (ENDING 1/31/19) 02/15/19 CUSTOM TAPE DRIVE MEDIA 843.69 843.69 2051999 03/06/19 19364 OTAY RANCH FIVE COMMUNITY Ref002540978 03/04/19 1,741.50 225223 02/13/19 GEOTECHNICAL SERVICES (1/1/19-2/25/19) 802.50 2052031 03/13/19 02027 NTH GENERATION COMPUTING INC 33990H WEBSITE PROFESSIONAL SERVICES 2,970.00 2,970.00 2052030 03/13/19 00761 NINYO & MOORE GEOTECHNICAL 225865 02/25/19 GEOTECHNICAL SERVICES (12/29/18-1/25/19) 2051952 02/27/19 18172 NIGHTCODERS 167 02/15/19 12,573.12 2051998 03/06/19 16255 NATIONWIDE RETIREMENT Ben2541027 03/07/19 BI-WEEKLY DEFERRED COMP PLAN 13,379.62 13,379.62 1,265.48 1,265.48 2052066 03/20/19 16255 NATIONWIDE RETIREMENT Ben2545641 03/21/19 BI-WEEKLY DEFERRED COMP PLAN 12,573.12 WS IRRIGATION UPGRADE (FEB 2019) 40.00 40.00 2051997 03/06/19 19414 MT2 LLC Ref002540982 03/04/19 UB Refund Cst #0000249137 2051996 03/06/19 16613 MISSION RESOURCE CONSERVATION 398 03/01/19 870-2 PS INSPECTION SVCS (ENDING 2/3/19) 30,035.00 1038751 02/04/19 870-2 PS INSPECTION SVCS (ENDING 12/30/18) 21,835.00 2051951 02/27/19 16608 MICHAEL BAKER INT'L INC 1038991 02/06/19 5,886.18 2051980 03/06/19 19411 MEGAN IGO Ref002540979 03/04/19 UB Refund Cst #0000240611 20.60 20.60 4,367.68 4,367.68 2051950 02/27/19 06648 MEASUREMENT CONTROL 205692 02/06/19 TEMP METER REGISTERS W/NICOR 5,886.18 LEAK DETECTION OTAY MESA 7,500.00 7,500.00 2052029 03/13/19 10114 MCV23 LLC 0985090293 03/08/19 W/O REFUND D0985-090293 2051949 02/27/19 15921 MATCHPOINT INC 706 01/31/19 119,058.75 2051948 02/27/19 03792 MARTINEZ, STEPHEN 0197022119 02/21/19 CERTIFICATION RENEWAL 180.00 180.00 78.68 78.68 2051947 02/27/19 18905 M RAE ENGINEERING INC 401312019 01/31/19 PIPELINE CP IMPRVE PHASE II (ENDING 1/31/19 119,058.75 2051995 03/06/19 19418 LOGAN FAMILY PROPERTIES INC Ref002540986 03/04/19 UB Refund Cst #0000251132 Page 5 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 82,212.87 69,413.13 282.99 10.38 10.38 MILEAGE REIMBURSEMENT (FEB 2019) 56.26 56.26 2051982 03/06/19 19415 TRAVIS TAYLOR Ref002540983 03/04/19 UB Refund Cst #0000249520 2052042 03/13/19 14177 THOMPSON, MITCHELL 020119022819 02/28/19 7,763.00 2052041 03/13/19 19272 THARSOS INC 101312019 02/20/19 RWCWRF HEADWORKS/WET WELLS IMPROVE 72,175.35 72,175.35 150.00 150.00 2052040 03/13/19 02376 TECHKNOWSION INC 2899 02/13/19 SCADA SYSTEM INTEGRATION SERVICES 7,763.00 JANITORIAL SERVICES (JAN 2019) 4,780.00 4,780.00 2051961 02/27/19 09221 TACKETT, ZACHARY 02152019 02/20/19 SAFETY BOOT REIMBURSEMENT 2052039 03/13/19 17704 T&T JANITORIAL INC 2018-5458 01/31/19 2,500.00 2051960 02/27/19 14576 SWIATKOWSKI, KEITH 02212019 02/26/19 SAFETY PRESCRIPTION GLASSES 463.00 463.00 9,446.46 9,446.46 2051959 02/27/19 18376 SVPR COMMUNICATIONS 1252 01/31/19 COMMUNICATION CONSULTANT (JAN 2019) 2,500.00 UB Refund Cst #0000038357 104.41 104.41 2052004 03/06/19 15974 SUN LIFE FINANCIAL 3816602019 03/04/19 LIFE INSURANCE AND STD/LTD 2051981 03/06/19 19404 STANLEY OSBORNE Ref002540971 03/04/19 37.70 2052070 03/20/19 19427 SPINIELLO COMPANIES Ref002544851 03/18/19 UB Refund Cst #0000251582 303.65 303.65 6,007.92 6,007.92 2052038 03/13/19 16229 SMITH, TIMOTHY 020119022819 02/28/19 MILEAGE REIMBURSEMENT (FEB 2019) 37.70 EXPENSE REIMBURSEMENT (FEB 2019) 82.69 82.69 2052037 03/13/19 03955 SHEA HOMES LP 0132090307 03/08/19 W/O REFUND D0132-090307 2052003 03/06/19 15000 SEGURA, ADOLFO 02282019 02/28/19 03/07/19 UTILITY EXPENSES (MONTHLY) 217.12 030819 03/08/19 UTILITY EXPENSES (MONTHLY) 65.87 61,737.04 030419 03/04/19 UTILITY EXPENSES (MONTHLY) 7,676.09 2052069 03/20/19 00121 SAN DIEGO GAS & ELECTRIC 030719A UTILITY EXPENSES (MONTHLY) 17,037.45 17,037.45 2052036 03/13/19 00121 SAN DIEGO GAS & ELECTRIC 030719 03/07/19 UTILITY EXPENSES (MONTHLY) 2051958 02/27/19 00121 SAN DIEGO GAS & ELECTRIC 021919 02/19/19 022519 02/25/19 UTILITY EXPENSES (MONTHLY) 609.53 022619A 02/26/19 UTILITY EXPENSES (MONTHLY) 10.00 022619 02/26/19 UTILITY EXPENSES (MONTHLY) 21,979.50 022819 02/28/19 UTILITY EXPENSES (MONTHLY) 2,070.08 95.00 95.00 2052002 03/06/19 00121 SAN DIEGO GAS & ELECTRIC 022719 02/27/19 UTILITY EXPENSES (MONTHLY) 57,543.76 ASSESSOR DATA (MONTHLY) 125.00 125.00 2052001 03/06/19 10972 SAN DIEGO COUNTY SYMPOSIUM IFMS-19-4067 03/04/19 SEMINAR 2052035 03/13/19 02586 SAN DIEGO COUNTY ASSESSOR 201900159 03/04/19 20.00 2052068 03/20/19 04542 ROBAK, MARK 020119022819 02/28/19 MIELEAGE REIMBURSEMENT (FEB 2019) 99.76 99.76 2052000 03/06/19 19402 RICKY NAJARILA 030119RN 03/01/19 FINGERPRINTING REIMBURSEMENT 20.00 Page 6 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 1,649.31 578.33 610020 01/11/19 SERVICE CALLS 136.00 613772 02/01/19 SECURITY AND ACCESS CONTROL 125.09 610028 01/11/19 SERVICE CALLS 136.00 610029 01/11/19 SERVICE CALLS 136.00 610038 01/11/19 SERVICE CALLS 136.00 610039 01/11/19 SERVICE CALLS 136.00 610024 01/11/19 SERVICE CALLS 168.31 610043 01/11/19 SERVICE CALLS 152.16 610025 01/11/19 SERVICE CALLS 209.39 610041 01/11/19 SERVICE CALLS 170.00 613773 02/01/19 SECURITY AND ACCESS CONTROL 427.37 610042 01/11/19 SERVICE CALLS 236.33 610040 01/11/19 SERVICE CALLS 690.17 610019 01/11/19 SERVICE CALLS 620.64 613774 02/01/19 SECURITY AND ACCESS CONTROL 2,272.87 613775 02/01/19 SECURITY AND ACCESS CONTROL 1,108.36 610207 01/16/19 ALARM AND ACCESS CONTROL 2,507.54 610809 01/31/19 CONDUIT INSTALLATION 2,376.00 8,239.85 610807 01/31/19 PUBLIC SERVICE ACCESS CONTROL 4,151.51 610808 01/31/19 CONDUIT INSTALLATION 3,004.88 BI-WEEKLY 401A PLAN 7,255.39 7,255.39 2051966 02/27/19 15807 WATCHLIGHT CORPORATION 610018 01/11/19 SECURITY REMOVAL/REPL 803-2 RES 2052007 03/06/19 06414 VANTAGEPOINT TRANSFER AGENTS Ben2541033 03/07/19 16,609.96 2052072 03/20/19 06414 VANTAGEPOINT TRANSFER AGENTS Ben2545647 03/21/19 BI-WEEKLY 401A PLAN 4,855.39 4,855.39 16,561.39 16,561.39 2052071 03/20/19 01095 VANTAGEPOINT TRANSFER AGENTS Ben2545649 03/21/19 BI-WEEKLY DEFERRED COMP PLAN 16,609.96 MGMT/INSP (JAN 2019) 12,475.00 12,475.00 2052006 03/06/19 01095 VANTAGEPOINT TRANSFER AGENTS Ben2541035 03/07/19 BI-WEEKLY DEFERRED COMP PLAN 2051965 02/27/19 08028 VALLEY CONSTRUCTION MANAGEMENT SD10773 02/04/19 392.58 1148046885 02/14/19 PORT. TOILET RENTAL (2/12/19-3/11/19) 98.25 1148046882 02/14/19 PORT. TOILET RENTAL (2/12/19-3/11/19) 87.50 PORT. TOILET RENTAL (2/12/19-3/11/19) 79.96 79.96 2052005 03/06/19 15675 UNITED SITE SERVICES INC 1148046976 02/14/19 PORT. TOILET RENTAL (2/12/19-3/11/19) 18dsbfee371 02/01/19 DIG SAFE BOARD FEES (MONTHLY) 619.61 2051964 02/27/19 15675 UNITED SITE SERVICES INC 1148020791 02/11/19 32,196.44 2051963 02/27/19 00427 UNDERGROUND SERVICE ALERT 120190492 02/01/19 UNDERGROUND ALERTS (MONTHLY) 1,029.70 2051962 02/27/19 17967 TRI COUNTY PUMP COMPANY 16486 01/31/19 MOTOR REPAIR 32,196.44 Page 7 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description 27,276.47 28,021.95 195.00 195.00 EXPENSE REIMBURSEMENT (02/03/19-02/07/19) 293.57 293.57 2052047 03/13/19 03151 ZHAO, MING 020319030719 03/07/19 MILEAGE REIMBURSEMENT (2/3/19-3/7/19) 2051970 02/27/19 03151 ZHAO, MING 020319020719 02/20/19 6.12 2052046 03/13/19 18215 ZAYO GROUP LLC 2019030024566 03/01/19 COLOCATION SERVICES 6,546.98 6,546.98 9,815.27 9,815.27 2051983 03/06/19 19413 ZAINA WILLIAMS Ref002540981 03/04/19 UB Refund Cst #0000249056 6.12 EMPLOYEE BENEFITS (JAN 2019) 787.50 787.50 2052045 03/13/19 14857 XYLEM/YSI INCORPORATED 771388 02/18/19 NITRATE SENSOR REPLACEMENTS 2052074 03/20/19 08023 WORKTERRA 0091996IN 01/31/19 23,195.40 2051969 02/27/19 18101 WIER CONSTRUCTION CORP 1901312019 02/08/19 SEWER REPLACEMENT (JAN 2019) 440,712.60 440,712.60 125.00 125.00 2051968 02/27/19 18173 WESTERN ALLIANCE BANK 1901312019 02/08/19 RET/WEIR CONSTRUCTION A#2222 (JAN 2019) 23,195.40 HYDRAULIC MODELING (ENDING 1/31/19) 12,520.00 12,520.00 2052044 03/13/19 01343 WE GOT YA PEST CONTROL INC 20511 02/12/19 BEE REMOVAL 2051967 02/27/19 15726 WATER SYSTEMS CONSULTING INC 3634 01/31/19 614273 02/18/19 SECURITY AND ACCESS CONTROL 257.60 614314 02/18/19 SECURITY AND ACCESS CONTROL 110.21 614370 02/19/19 SECURITY AND ACCESS CONTROL 362.90 614619 02/25/19 SECURITY AND ACCESS CONTROL 338.10 614279 02/18/19 SECURITY AND ACCESS CONTROL 446.45 614606 02/25/19 SECURITY AND ACCESS CONTROL 445.80 614310 02/18/19 SECURITY AND ACCESS CONTROL 515.21 614362 02/19/19 SECURITY AND ACCESS CONTROL 491.31 614547 02/22/19 SECURITY AND ACCESS CONTROL 1,491.29 614317 02/18/19 SECURITY AND ACCESS CONTROL 1,324.90 614320 02/18/19 TREATMENT PLANT SECURITY 1,717.35 614352 02/19/19 TREATMENT PLANT SECURITY 1,701.50 614302 02/18/19 SECURITY AND ACCESS CONTROL 2,116.07 614365 02/19/19 SECURITY AND ACCESS CONTROL 1,840.31 614372 02/19/19 SECURITY AND ACCESS CONTROL 2,348.22 614269 02/18/19 SECURITY AND ACCESS CONTROL 2,146.69 5,417.87 614361 02/19/19 SECURITY AND ACCESS CONTROL 2,477.25 612601 02/15/19 SECURITY ALARM MONITORING 2,472.92 SECURITY AND ACCESS CONTROL 3,700.60 3,700.60 2052043 03/13/19 15807 WATCHLIGHT CORPORATION 614376 02/19/19 SECURITY AND ACCESS CONTROL 2052073 03/20/19 15807 WATCHLIGHT CORPORATION 610302 01/18/19 610036 01/11/19 SERVICE CALLS 68.00 610030 01/11/19 SERVICE CALLS 68.00 Page 8 of 9 Check TotalAmount CHECK REGISTER Otay Water District Date Range: 2/21/2019 - 3/20/2019 Check # Date Vendor Vendor Name Invoice Inv. Date Description Amount Pd Total: 2,528,841.29 Check Grand Total: 2,528,841.29 Page 9 of 9